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Agenda 03-03-20 The City of Boynton Beach .r City Commission Agenda Tuesday, March 3, 2020, 5:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. st>> t www.boynton-beach.org Page 1 of 279 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 your name for the record. 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 or silence all cellular phones while the City Commission Meeting is in session. City Commission meetings are held in the Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 5:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 279 1. Openings A. Call to Order- Mayor Steven B. Grant Invocation - Pastor Kelly Nothnagle, Calvary Chapel Boynton Beach Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Sari Vatske, Executive VP of Feeding South Florida, will announce the merger between Feeding South Florida and the Community Caring Center of Palm Beach County. B. Proclaim March 6th, 7th, 13th, 14th, 20th and 21st as Boynton Beach Professional Fire Fighters of Local 1891 "Fill the Boot Days." Jeaneece Washington from the Muscular Dystrophy Association will accept the proclamation. C. Proclaim the month of March 2020 as American Red Cross Month. Peggy Martin from the American Red Cross will accept the proclamation. D. Proclaim March 2-6, 2020 as National School Breakfast Week. Bonnie Rawlins, School Food Service Manager at Galaxy E3 Elementary, will accept the proclamation. E. Proclaim the week of March 2-6, 2020 to be Say Something Week in the City of Boynton Beach, FL and encourage all our citizens to recognize Say Something's significance. The proclamation will be accepted by Teresa Trumble-Thomas, South Tech Academy and the Safe School Ambassadors Club Officers: Yaimond Benel-Rivera, President, Kiera Ballard, Vice President, Eve-Sarah Augustin, Secretary, Stelsie St. Hilaire, Treasurer and Anthony Ortiz, Historian. F. Early Voting for the March 17, 2020 Presidential Preference Primary and Municipal Election will begin on Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early- Voting. G. Due to the March 17, 2020 Presidential Preference Primary and Municipal Election, the second Commission Meeting in March has been rescheduled to Wednesday, March 18th at 5:30 p.m. H. Announcement by Andrea Javier, Human Resources Manager, of Lets Move: Commit to Change Physical Activity Challenge, a countywide initiative that focuses on physical activity, nutrition, and healthy behaviors. The City is encouraging Boynton Beach residents, businesses, employees, and supporters to move for at least 30 minutes per day and to log their active minutes from March 1st - 31st. To register, visit: www.LetsMovePBC.org and join team: The City of Boynton Beach. I. Announce Boynton's Finance Department earned an award from the Government Finance Officer's Association (GFOA) for Excellence in Financial Reporting for their 2018 Comprehensive Page 3 of 279 Annual Financial Report. 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. Approve the request of Vice Mayor Katz to distribute $2,000 of his Community Support Funds to the Florida Youth Rugby Union. B. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to The Lord's Place. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve issuance of a purchase order to R. George & Associates, Inc. in the amount of $77,800.00 to provide relocation services to the library from its current temporary locations back to its permanent location in Town Square. B. Proposed Resolution No. R20-019- Authorize the City Manager to sign the Accelerated Technology Laboratories, Inc. Master Software & Services Agreement. C. Approve upgrade of VTScada licensing to the 50K Tag Bundle which includes an additional server runtime license and full system support at a total price of$44,256.13. D. Approve minutes from the City Commission meeting on February 18, 2020. 7. Consent Bids and Purchases Over$100.000 - None 8. Public Hearinq 6 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. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-004 - Second Reading - Approve amendments to IPUD, Infill Planned Unit Development zoning district (CDRV 20-001) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions and Article 111. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article 1. Overview, Article 111. Zoning Districts and Overlays, Article IV. Use Regulations and Article V. Page 4 of 279 Supplemental Regulations, to establish I PUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of residential zoning districts. Applicant: City-initiated. 9. City Manager's Report A. Approve the below dates for FY 20/21 Budget Workshops which will be held at the Intracoastal Park Clubhouse: Monday, July 13, 2020 @ 5:00 P.M. Tuesday, J my 14, 2020 @ 10:00 A.M. Wednesday, July 15, 2020 @ 2:00 P.M. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-020- Approve and ratify appointment of Kathryn Matos as Assistant City Manager - Administrative Services, pursuant to City Code of Ordinances, Chapter 2, Article 11, Section 2-30(b). B. Proposed Resolution No. R20-021 - Approve the 2020 update to the City of Boynton Beach Climate Action Plan. 12. Legal - None 13. Future Agenda Items A. Discuss Local Septic Tank Inspection Program- March 18, 2020 B. Discuss purchase and sale agreement for Nichols property - March 18, 2020 C. The Central Palm Beach Chamber of Commerce will make a brief presentation to the Commission regarding their member benefits. The City has become a member of this Chamber. - March 18, 2020 D. Quarterly Census Update-April 7, 2020 E. Senator Lori Berman and House Representative Joe Casello will provide a legislative update to the Commission -April 7, 2020 F. Presentation of 2019 Comprehensive Annual Financial Report-April 21, 2020 14. Adjournment Notice lfa person decides to appeal to any decision made by the City Commission with respect to any matter considered at this moeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ofa service,programa or activity conducted by the city.Please contact the City Clerk's office,(561)742- 6060 or(TT)�1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication ofteh agenda on the city's web site.Information regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 5 of 279 1.A. OPENING ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation - Pastor Kelly Nothnagle, Calvary Chapel Boynton Beach Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 6 of 279 2.A. OTHER 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 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: Page 7 of 279 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Sari Vatske, Executive VP of Feeding South Florida, will announce the merger between Feeding South Florida and the Community Caring Center of Palm Beach County. Explanation of Request: Feeding South Florida and the Community Caring Center of Palm Beach County (Community Caring Center) are merging in April 2020. Together, with a shared vision for Palm Beach County, Feeding South Florida and the Community Caring Center's merger will open doors to increased innovative solutions for those struggling to put food on the table. Based in the City of Boynton Beach, the Community Caring Center has served Palm Beach County for the past 30 years, with a compassionate approach to their mission that aligns with Feeding South Florida's "Families First" philosophy. Their approach is why Feeding South Florida is committed to preserving and expanding the Community Caring Center's meal delivery, senior caregiving and job training programs. By coming together and removing the duplication of the critical resources necessary to end hunger in Palm Beach County, the combined organization is excited to continue working alongside the City of Boynton Beach and the CRA to increase food access where it's most needed. 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: Page 8 of 279 Page 9 of 279 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proclaim March 6th, 7th, 13th, 14th, 20th and 21st as Boynton Beach Professional Fire Fighters of Local 1891 "Fill the Boot Days." Jeaneece Washington from the Muscular Dystrophy Association will accept the proclamation. Explanation of Request: The Boynton Beach Professional Fire Fighters of Local 1891 members selflessly contribute their time and energy fighting for kids and adults with muscular dystrophy, ALS and related muscle-debilitating diseases that severely limit muscle strength and mobility by Filling the Boot each year for the Muscular Dystrophy Association (MDA). In the past 19 years, Boynton Beach Professional Fire Fighters of Local 1891 have raised more than $468,709 for MDA through the annual Fill the Boot campaign. The funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. Boynton Beach Fire Fighters will be out raising funds for the campaign on March 6th, 7th, 13th, 14th, 20th and 21st this year. 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: Page 10 of 279 ATTACHMENTS: Type Description D Proclamation Boynton Fire Fighters"Fill the Boot Days" Proclamation Page 11 of 279 ---------------------------------------------------------------------------------------------------------------------------------- y"M7n&w �We"A Pro e I carn cation WHEREAS,the Boynton Beach Professional Fire Fighters of Local 1891 are the prime example of public service and sacrifice,displaying the nobility to protect the citizens of our community every day;and WHEREAS, the Boynton Beach Professional Fire Fighters of Local 1891 members are highly dedicated and trained individuals who demonstrate American ideals, the ultimate standard of character and courage in the face of danger;and WHEREAS, the Boynton Beach Professional Fire Fighters of Local 1891 members selflessly contribute their time and energy fighting for kids and adults with muscular dystrophy,ALS and related muscle-debilitating diseases that severely limit muscle strength and mobility by Filling the Boot each year for the Muscular Dystrophy Association (MDA);and WHEREAS,in the past 19 years,the Boynton Beach Professional Fire Fighters of Local 1891 have raised more than$468,709 for MDA through the annual Fill the Boot campaign; and WHEREAS, the Boynton Beach Professional Fire Fighters of Local 1891 endless service to MDA has given so much hope for families fighting life-threatening muscle diseases; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim March 6,h,Th,13,h,14,h,20,h and 21s',Two Thousand Twenty as: BOYNTON BEACH PROFESSIONAL FIRE FIGHTERS OF LOCAL 1891 "FILL THE BOOT DAYS" IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 31"day of March,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk Vie'.., 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proclaim the month of March 2020 as American Red Cross Month. Peggy Martin from the American Red Cross will accept the proclamation. Explanation of Request: Across the country and around the world, the American Red Cross responds to disasters big and small. In fact, every eight minutes the organization responds to a community disaster, providing shelter, food, emotional support and other necessities to those affected. It collects nearly 40 percent of the nation's blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills, such as lifeguarding and CPR; and through its Restoring Family Links program, connects family members separated by crisis, conflict or migration. We dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission. 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: ATTACHMENTS: Type Description Proclamation Proclamation -American Red Cross Month Page 13 of 279 ---------------------------------------------------------------------------------------------------------------------------------- 9?1"a7 n&w aead Proclamation WHEREAS, in the City of Boynton Beach, we have a long history of helping our neighbors in need. American Red Cross Month is a special time to recognize and thank our heroes — those Red Cross volunteers and donors who give of their time and resources to help community members. WHEREAS, these heroes help families find shelter after a home fire. They give blood to help trauma victims and cancer patients.They deliver comfort items to military members in the hospital.They use their lifesaving skills to save someone from a heart attack, drowning or choking. They enable children around the globe to be vaccinated against measles and rubella. WHEREAS,the American Red Cross depends on local heroes to deliver help and hope during a disaster. We applaud our heroes here in the City of Boynton Beach who gives of themselves to assist their neighbors when they need a helping band. WHEREAS,across the country and around the world,the American Red Cross responds to disasters big and small. In fact, every eight minutes the organization responds to a community disaster, providing shelter,food,emotional support and other necessities to those affected. It collects nearly 40 percent of the nation's blood supply;provides 24-hour support to military members,veterans and their families;teaches millions lifesaving skills,such as lifeguarding and CPR;and through its Restoring Family Links program, connects family members separated by crisis,conflict or migration. WHEREAS,we dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission. NOW,THEREFORE, I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach,Florida,hereby proclaim the month of March 2020 as: AMERICAN RED CROSS MONTH and urge all citizens to support this organization's noble humanitarian mission down the street,across the country and around the world In witness whereof,I have hereunto set my band and caused the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach,Florida,the 3rd day of March,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proclaim March 2-6, 2020 as National School Breakfast Week. Bonnie Rawlins, School Food Service Manager at Galaxy E3 Elementary, will accept the proclamation. Explanation of Request: The School Breakfast Program was permanently established in 1975 and it is dedicated to the health and well-being of our nation's children. There is evidence of continued need for nutrition education and awareness of the value of school nutrition programs. All residents are encouraged to become aware and concerned about their children's and their own nutrition habits, in hope of achieving a more healthful citizenry for today and the future. 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: ATTACHMENTS: Type Description Proclamation Proclamation-National School Breakfast Week Page 15 of 279 ---------------------------------------------------------------------------------------------------------------------------------- y"M7n&w �We"A Pro e I carn cation WHEREAS, The School Breakfast Program has served our nation admirably since it was permanently established in 1975;and WHEREAS, the school Breakfast Program is dedicated to the health and well-being of our nation's children;and WHEREAS, the School Breakfast Program joins and has been joined through the years by many other excellent child nutrition programs;and WHEREAS, there is evidence of continued need for nutrition education and awareness of the value of school nutrition programs. NOW THEREFORE,I, Steven B. Grant, Mayor of the City of Boynton Beach,Florida, do hereby proclaim the week of March 2-6,Two Thousand Twenty as: National School Breakfast Week and I encourage all residents to become aware and concerned about their children's and their own nutrition habits,in hope of achieving a more healthful citizenry for today and the future. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 3rd day of March, Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk Vie- 3.E. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proclaim the week of March 2-6, 2020 to be Say Something Week in the City of Boynton Beach, FL and encourage all our citizens to recognize Say Something's significance. The proclamation will be accepted by Teresa Trumble-Thomas, South Tech Academy and the Safe School Ambassadors Club Officers: Yaimond Benel-Rivera, President, Kiera Ballard, Vice President, Eve-Sarah Augustin, Secretary, Stelsie St. Hilaire, Treasurer and Anthony Ortiz, Historian. Explanation of Request: Say Something teaches students in Middle and High School how to look for warning signs, signals and threats, especially in social media, from individuals who may want to hurt themselves or others and to "say something" to a trusted adult to get them help. How will this affect city programs or services? Fiscal Impact: N/A Alternatives: Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation - Say Something Week Page 17 of 279 ---------------------------------------------------------------------------------------------------------------------------------- ylffr?&w 66eewA proclamation WHEREAS, when it comes to violence, suicide and threats, most are known by at least one other individual before the incident occurs. 800/o of school shooters told someone of their violent plans prior to the event. 7 out of 10 people who complete suicide told someone of their plans or gave some type of warning or indication;and WHEREAS, Say Something teaches students in Middle and High School how to look for warning signs, signals and threats, especially in social media, from individuals who may want to hurt themselves or others and to "say something"to a trusted adult to get them help. W HEREAS,Say Something will benefit young people,educators,administrators,community-based organizations,parents, and caretakers by building a culture of looking out for one another. By reporting possible threats of violence when someone sees,reads,or hears something,entire communities will become safer and lives will be saved;and WHEREAS,Sandy Hook Promise,a national,non-profit organization led by family members whose loved ones were killed in the tragic mass shooting at Sandy Hook Elementary School on December 14,2012 supports sensible solutions that protect children and prevent gun violence by bringing individuals and communities together,to look out for and care for one another;and WHEREAS, Sandy Hook Promise's Say Something Program,is being celebrated as part of National Say Something Week, March 2,2020-March 6,2020 at SouthTech Academy in Boynton Beach,FL and WHEREAS, through Say Something, young people will see a positive change for everyone and save lives by looking out for one another. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of March 2nd through 61h of Two Thousand Twenty as: SAY SOMETHING WEEK IN WITNESS WHEREOF, I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida,the 3rd day of March,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 3.F. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/3/2020 REQUESTED ACTION BY COMMISSION: Early Voting for the March 17, 2020 Presidential Preference Primary and Municipal Election will begin on Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early-Voting. EXPLANATION OF REQUEST. In cooperation with the Palm Beach County Supervisor of Elections, the Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no effect on City programs or services. FISCAL IMPACT: ALTERNATIVES: The alternative would be to not cooperate with the Palm Beach County Supervisor of Elections in this effort to provide additional opportunities for our citizens to cast their votes. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 19 of 279 3.G. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Due to the March 17, 2020 Presidential Preference Primary and Municipal Election, the second Commission Meeting in March has been rescheduled to Wednesday, March 18th at 5:30 p.m. 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: Page 20 of 279 3.H. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Announcement by Andrea Javier, Human Resources Manager, of Lets Move: Commit to Change Physical Activity Challenge, a countywide initiative that focuses on physical activity, nutrition, and healthy behaviors. The City is encouraging Boynton Beach residents, businesses, employees, and supporters to move for at least 30 minutes per day and to log their active minutes from March 1st- 31st. To register, visit: www.LetsMovePBC.org and join team: The City of Boynton Beach. 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: Page 21 of 279 3.1. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Announce Boynton's Finance Department earned an award from the Government Finance Officer's Association (GFOA)for Excellence in Financial Reporting for their 2018 Comprehensive Annual Financial Report. Explanation of Request: The City's Finance Department submitted our Comprehensive Annual Financial Report to the Government Finance Officer's Association (GFOA)for Review upon the completion of our 2018 Financial Reports. The Comprehensive Annual Report is a financial statement that encompasses all financial activity for the most recent fiscal year and is usually around 250 pages. The report is a review of the actual and budgeted numbers for all of the City's accounts. Each year the City is responsible for having an external audit done of the City's records. The City audit usually spans a period of about 6-8 weeks while the auditors review: 1) Checks paid to vendors 2) Cash receipts 3) Payroll, employee wages and supporting documentation 4) Operating procedures and compliance with those procedures 5) Budget and supporting documentation 6) Compliance with procurement procedures and purchasing 7) Fixed Assets 8)Analysis of significant differences year over year 9) Reconciliation and review of all funds 10) 1 nvestments 11) Grants and compliance with reporting 12) Statistical Trends 13) City Rates 14) Pension 15) Risk 16) Bank Reconciliations 17) Debt Compliance and Outstanding Overall, the financial statements take a concerted team effort by the entire staff in Finance to accomplish and complete them. The GFOA reviews these financial statements in 17 different categories: 1) Cover, table of contents, and formatting 2) Introductory Section 3) Report of the independent auditor 4) Management's discussion and analysis (MD&A) 5) Basic financial statements (preliminary considerations) 6) Government-wide financial statements 7) Fund financial statements (general considerations) 8) Governmental fund financial statements 9) Proprietary fund financial statements Page 22 of 279 10) Fiduciary fund financial statements 11) Summary of significant accounting policies 12) Note disclosure 13) Pension-related note disclosures 14) Required Supplementary information 15) Combining and individual fund information/supplementary information 16) Statistical Section 17) Other considerations Upon review the City is given a score of proficient or above to receive their certificate. There are 412 Cities in the State of Florida and 283 of them earned certificates for their Financial Statements last year. 4,326 municipalities were awarded nationally last year by GFOA. How will this affect city programs or services? N/A Fiscal Impact: Budgeted None Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 23 of 279 5.A. ADMINISTRATIVE 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approve the request of Vice Mayor Katz to distribute $2,000 of his Community Support Funds to the Florida Youth Rugby Union. Explanation of Request: Vice Mayor Katz requests to distribute $2,000.00 of his Community Support Funds to the Florida Youth Rugby Union. Their mission is to expand athletic and academic opportunity through the sport of rugby in a fun, healthy, character-building system that focuses on established core values. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2020 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Community Support Funds Request Form Page 24 of 279 RIS-055 EXHIBIT "Alp COMMUNITY SUPPORT FUNDS REQUESTFORM Part I -Summary of Request (to be completed by City Clerk) Date of Request: 2/04/2020 Requested by Mayor/Commissioner: Vice Mayor Justin Katz Amount Requested: $ 2000.00 Recipient/Payee: Florida Youth.Rugby nion ivif Description of project, program, or actty to be unded: The funding will be sed for the Florida Youth Ruaby Union. Their mission is to expand athletic and academic opp )rtunity through the sgort of ruaby in a fun heal ter-buildina system that focuses on established core values. Part II - The 1 -The annual appropriation of funds available to the requesting Member of the Commission listed above is The balance of funds available for the requesting Member of the Commission is $ 2,,000.00 Accordingly. There are funds available as requested There are insufficient funds available as requested Dated: 57-2 /City Clerk Part Ili-Eligibility Evaluation l�Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit (�K The recipient/payee provides services within the City 5/'The public purpose is beneficial to th n i,r community"ted y such donation By: Dated. Req er of the C49 Commission Page 25 of 279 5.B. ADMINISTRATIVE 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to The Lord's Place. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to The Lord's Place. The Lord's Place is dedicated to breaking the cycle of homelessness by providing innovative, compassionate and effective services designed to end homelessness. Funding will support the 13th Annual SleepOut event on April 3, 2020 (see attached). How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2020 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 26 of 279 EXHIBIT "App COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date t: 2/18/2020 Requested by Mayor/Commissioner. t v Amount Requested: $ 200.00 Recipient/Payee: Lord's Description project, program, or activityto be funded- The Lord's Place is dedicated to breakipg the cy le of homelessnessi i innovative. compassionate and effective servicesr i ill SUDDOrt the 13th eventAnnual SleepOut ril Part 11 -Availability The annual appropriation f funds availablethe requesting Commission listed aboveis $_2,000.00 . The balance of funds available for the requesting Member of the Commission is 600.00 Accordingly: e There are funds available as requested There are insufficient funds available as requested City Irk �m Part III-Eligibility Evaluation Public funds will not be used to improve priv t r unless there is a clear public need, purpose and benefit he recipient/payee provides services within the City V The public purpose is beneficial to the e777 ed by such donation Dated:,.,,. �� . BY Requesting Member of the City Commission Page 27 of 279 DS, e The 's Place 10uto -ZZZ�Z Working You are invited to join us to create an atmosphere of mindfulness surrounding the reality faced by our neighbors who are experiencing homelessness. Be a part of The Lord's Place community where the only difference is the type of "home" we live in. What is This Event? SleepOut is an opportunity to step into our neighbors' "home" for a night. It is also a time to learn about the mission and impact of The Lord's Place, and the 1,900 men, women, and children we serve. Be a part of an inspirational program featuring powerful stories by those who have been helped out of homelessness, followed by a candlelight ceremony. Enjoy family friendly activities, including great food by Joshua Catering, a silent auction, and much more. While sleeping out at SleepOut is not required, it is encouraged! After the festivities and program ends, you can choose to sleep indoors or outside, under cover or not. Many participants choose to bring tents, and there will be people on hand to help you set up if needed. Should you choose not to spend the night at SleepOut, you can go home and Sleepin, or you can choose another day to reflect on the experience of homelessness. Resources are available upon request to teach children and adults more about homelessness, so Sleepin can become an educational opportunity as well as raise awareness and much needed funding. United Methodist Church of the Palm Beaches, 900 Brandywine Road, WPB, FL 33409 Events:Schedule of 5:00 p.m. Outdoor event begins with family-friendly activities, delicious food, and live music. 7:00 p.m. Indoor mission program and candlelight ceremony 9:00 p.m. Music and games to follow 11:00 p.m. Lights Out! SleepOut, or return home to SleeplN! 7:00 a.m. Breakfast and morning reflection 1 The Honorable Ann Brown BRINKLEY eeurgl n s T Itl o r n t,), ys at L..avv �� PL Lena P s3,�t „, 'XNSURAWCE C_—RCO IP° Deckert Katzen 1Bank - sPa&Ir'n6etTss .� THE For more information n how to register, sponsor create , PL,ItCE call 561.537.4656 or email lnfo@TheLordsPlace.org The Lord's Place I www.TheLordsPlace.org 12808 N.Australian Ave.west Palm BeacRagal2 90f 279 5.C. ADMINISTRATIVE 3/3/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/3/2020 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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 boards full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Building Wealth in the Community CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: No Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Advisory Board Appointments for 03-03-2020 Page 29 of 279 Appointments and Applicants for March 03, 2020 Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/20 (Tabled 2) IV Penserga Alt 2 yr term to 12/21 Mayor Grant Reg 2 yr term to 12/21 1 Katz Reg 2 yr term to 12/21 Applicants: None Education and Youth Advisory Board 11 McCray STU 2 yr term to 12/21 (Tabled 2) III Romelus STU NV 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board III Romelus Alt 2 yr term to 12/21 (Tabled 3) IV Penserga Alt 2 yr term to 12/20 Mayor Grant Reg 2 yr term to 12/21 1 Katz Reg 2 yr term to 12/21 Applicants: None Library Board 11 McCray Reg 2 yr term to 12/21 III Romelus Reg 2 yr term to 12/21 IV Penserga Reg 2 yr term to 12/20 Mayor Grant Alt 2 yr term to 12/21 1 Katz Alt 2 yr term to 12/20 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr term to 12/20 (Tabled 2) 1 Katz Reg 2 yr term to 12/21 11 McCray Alt 2 yr term to 12/21 Applicants: None Page 30 of 279 6.A. Consent Agenda 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approve issuance of a purchase order to R. George &Associates, Inc. in the amount of$77,800.00 to provide relocation services to the library from its current temporary locations back to its permanent location in Town Square. Explanation of Request: On June 19th, 2018 the City Commission approved selection of R. George &Associates Inc. to provide relocation services to the library as it moved out of Town Square to its temporary locations. Based on the current schedule it is now time to award a purchase order to move the Library from its current temporary locations back to its permanent location in Town Square. As part of the process the City issued and advertised RFP#013-1610-18/IT, "Library Relocation Services", with the intent to utilize a vendor to move out and back into the library facilities. The Library move requires some specialty type of moving based on the books, stacks, etc and the need for them to be moved and re- shelved in the manner as they were taken from the current Library. Unfortunately the City received no responses to the RFP for Library Relocation Services. Accordingly Craig Clark, Library Director, contacted R. George &Associates, Inc. to provide a quote for relocation services from its two (2)temporary locations, consisting of shelving, books, furniture and artwork hanging on the walls. The estimated cost for this move is $77,800.00. Based on the vendor performance during the move out of the library, the need to secure a vendor for these relocation services, and the need to begin coordinating and setting up a schedule to move the contents to its permanent location, staff recommends approval of a purchase order to R. George and Associates Inc. How will this affect city programs or services? This will allow the Library to begin coordinating with the vendor as to scheduling how the move can be accomplished in the most efficient manner. Fiscal Impact: Budgeted The costs for this will be charged to account 001-1214-512-49-17 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Page 31 of 279 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Exhibit LIST OF_RESPONDENTS - LIE EKY RELO TI ONSERVI CES-RFP D Quotes R. George Assoc. Quote Page 32 of 279 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 " Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX. (561)742-6316 REQUEST FOR PROPOSALS RFP No.: 013-2610-18/IT LIBRARY RELOCATION SERVICES SOLICITATION ISSUE DATE: April 13, 2018 SOLICITATION DUE DATE: May 3, 2018 # OF PROPOSALS SUBMITTED: 0 This list is intended to provide preliminary information regarding the proposals received by the solicitation opening deadline. LIST OF PROPOSERS (IN ALPHABETICAL ORDER) No submittals were received in response to this RFP. Prepared by: Ilyse Triestman, 5/3/18 Witnessed by: Daysi Peguero, 5/3/18 Page 33 of 279 R. GEORGE & ASSOCIATES, INC. P.O. Box 2854❑( eland, Florida 32721-2854❑(386)736-2316 TOIL FF EE (866)833-3441❑FAX (386)736-3706❑EMAIL info@rgeorge.com TO: CITY OF BOYNTON BEACH QUOTE#: Q-19-140 REVISED ATTEN: CRAIG CLARK,DIRECTOR DATE: 2/20/2020 PROJECT: BOYNTON BEACH PUBLIC LIBRARY We offer the following quotation for the aboveproject: Item Qty Catalog# Description Unit Total 1 LOT PROVIDE MOVING SERVICES TO MOVE ALL ITEMS FOR THE $77,800.00 $77,800.00 LIBRARY OUT OF THE STORAGE LOCATIONS,INCLUDING BOOKS,SHELVING AND FURNITURE. *MOVE ITEMS FROM LEASED WAREHOUSE,TEMPORARY LIBRARY LOCATION&TEMPORARY MODULAR TRAILERS. *ALL MATERIALS WILL BE PLACED IN CALL NUMBER ORDER PER THE LIBRARY STAFF DIRECTION. *ESTIMATED TIME IS 3-5 WEEKS STARTING JUNE 2020. TOTAL PRICE $77,800.00 BY:AARON KEMBLE NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 34 of 279 6.B. Consent Agenda 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proposed Resolution No. R20-019- Authorize the City Manager to sign the Accelerated Technology Laboratories, Inc. Master Software & Services Agreement. Explanation of Request: Resolution 20-01 Approved the expenditure of $82,413.28 and authorized the City Manager to sign the attached Addendum to the Accelerated Technology Laboratories Master Software & Services Agreement for the purchase of a laboratory system. On January 27, 2020, the City Attorney advised that this agreement will need to go back to the City Commission with a resolution that specifically authorizes the City Manager to sign the Accelerated Technology Laboratories, Inc. Master Software & Services Agreement. The City of Boynton Beach Utilities has its own TNI (The NELAC Institute) certified laboratory that performs over 25,000 water quality tests a year. The Laboratory Information Management System requested herein is needed in order to store and efficiently safeguard the results from these tests. Other utilities in the area were surveyed to learn what kind of LI MS system they were using. In addition, information and presentations were sought from several vendors before Sample Master was selected. The selection was made based on input from the laboratory staff on ease of use, compliance with TNI, robustness of the system and expansion capabilities. How will this affect city programs or services? The Utility is required under the terms of its TNI certification to maintain the integrity of the laboratory data. This is challenging under current conditions, (use of spreadsheets). In addition, this system will allow the Utility to analyze data more efficiently to identify patterns and trend water quality conditions and be able to proactively take action to maintain good water quality to our customers. Fiscal Impact: Budgeted Funds are budgeted in account 403-5000-533.65-02 Alternatives: There are other alternatives, however the laboratory staff feels that Sample Master will provide the ease of use and robustness needed to meet the current and future needs of the Utility. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 35 of 279 Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution approving Master Software & Services D Resolution Agreement with Accelerated Technology Laboratories, Inc, D Agreement ATL Master Software Agreement D Addendum City of Boynton Beach R20-001 &Addendum to ATL Agreement Page 36 of 279 1 2 RESOLUTION NO. R20- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVE AND AUTHORIZE THE CITY 6 MANAGER TO SIGN THE ACCELERATED 7 TECHNOLOGY LABORATORIES, INC., MASTER 8 SOFTWARE & SERVICES AGREEMENT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, in January, 2020, staff requested the City Commission approve the 12 expenditure of $82,413.25 and authorize the City Manager to sign an Addendum to the 13 Accelerated Technology Laboratories, Inc. Master Software & Services Agreement; and 14 WHEREAS, authorization for the City Manager to sign the Master Software & 15 Services Agreement with Accelerated Technology Laboratories, Inc., is required as well; 16 and 17 WHEREAS, City staff is requesting Commission authorization for the City 18 Manager to sign the Master Software & Services Agreement with Accelerated Technology 19 Laboratories, Inc., which will be used in conjunction with the Addendum authorized by 20 Resolution R20-001; and 21 WHEREAS, upon recommendation of staff, it is the City Commission's desire to 22 approve and authorize the City Manager to sign the Master Software& Services Agreement 23 with Accelerated Technology Laboratories, Inc. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. S:ACA\RESO\Agreements\ATL Master Software And Services Agmt-Reso.Docx Page 37 of 279 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 approves and authorizes the City Manager to sign the Master Software & Services 31 Agreement with Accelerated Technology Laboratories, Inc., a copy of which is attached 32 hereto and incorporated herein as Exhibit"A",to be used in conjunction with the Addendum 33 authorized by R20-001. 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of March, 2020. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 52 VOTE 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 (Corporate Seal) S:ACA\RESO\Agreements\ATL Master Software And Services Agmt-Reso.Docx Page 38 of 279 Accelerated „'Technology " ueaumgfsmc. MASTER SOFTWARE&SERVICES AGREEMENT This Software and Services Subscription Agreement(the"Agreement")is made and entered into as of the date of the last signature below("Effective Date")by and between ACCELERATED TECHNOLOGY LABORATORIES, INC., a North Carolina corporation having its principal place of business at 496 Holly Grove School Rd.,West End,NC("ATL"),and(CUSTOMER NAME),a having a place of business at _ __ ("Client"). In consideration of the obligations,covenants,and agreements set forth below and other valuable consideration the sufficiency of which is hereby acknowledged,the Parties have executed the Agreement effective as of the Effective Date. Any Non-Disclosure Agreement executed by the Parties(the"NDA"),Exhibit A(Maintenance&Support Services)attached hereto,each Quote(Software and Services Fees)executed by the Parties and each Statement of Work or SOW executed by the Parties are incorporated into the Agreement by reference and together herewith constitute the entire understanding of the Parties with respect to the subject matter hereof. 1.DEFINITIONS 1.5. "Internal Business Purpose"shall mean for the benefit 1.1. "Customer Content" shall mean the data, internal of Customer as part of its internal processes or as part of the process designs and workflows, content, materials, formats, services it provides to its customers in the ordinary course of logos, materials, trademarks, and service marks (in any form, business,and not for resale or sublicense to third parties. method or manner of expression or communication now known 1.6. "Losses" shall mean any and all losses, liabilities, or hereinafter becomes known; whether or not tangible or damages and claims, and all related costs and expenses intangible, or able to be protected by trade secret, patent, (including reasonable legal fees and disbursements and costs of copyright, or trademark) provided by Customer to ATL for investigation, litigation, settlement, judgment, interest and incorporation into the Technology or for use in connection with penalties). the Agreement,and all associated Intellectual Property Rights. 1.7. "Maintenance & Support Services" shall mean the 1.2. "Deliverable(s)" shall mean any and all software and maintenance and support of the Technology conducted by ATL, computer programs (both executable code and Source Code its agents or contractors, for Customer as further described on versions), configurations, documentation, graphics, Exhibit A(Maintenance&Support Services),if applicable. improvements, interfaces, inventions, materials, modifications, sounds, techniques, Third Party Software, tools, and other 1.8• "Maintenance Term" shall mean, unless earlier technology or works of authorshi terminated in accordance with the Agreement, the period set p (in any form, method or forth on each Quote with respect to the Maintenance&Support manner of expression or communication now known or that Services for particular Software,plus any renewals thereof. hereinafter becomes known; whether or not tangible or intangible, or able to be protected by trade secret, patent, 1.9. "Party"or"Parties"shall mean,individually,Customer copyright,or trademark),and any work product comprising the or ATL as the context requires and,collectively, both Customer same, conceived, created, delivered, developed, or reduced to and ATL. practice in connection with the Services, and all associated Intellectual Property Rights. 1.10. "Professional Services" shall mean the consulting, configuration and other technical services conducted by ATL for 1.3. "Include" and variations thereof shall mean "include Customer as described in a Statement of Work,if applicable. without limitation"and"including without limitation." 1.11. "Project"shall mean the project mutually agreed to by 1.4. "Intellectual Property Rights" shall mean any and all the Parties in which Professional Services are conducted. right,title, and interest, including patent applications, patents, I 1.12. "Project Term"shall mean,unless earlier terminated in (including reissues, continuations, divisions, continuations-in- accordance with the Agreement,the period,as may be set forth part and extensions), trade secrets, copyrights, (including renewals, revivals, or extensions thereof, and any moral rights in an SOW, in which Professional Services are being performed resulting there from), database rights, trademarks, service under the Agreement marks, or trade names, and any and all other intellectual 1.13. "Quote"shall mean the agreement between ATL(or its property or proprietary rights recognized or enforceable under authorized reseller) and Customer regarding the specific any United States federal or state law, rule or regulation, non- Software and/or Services(and applicable fees)to be provided to United States law,rule or regulation or international treaty. Customer subject to this Agreement(where applicable). Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 1 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 39 of 279 Accelerated Jechnology 1.14. "Services" shall mean Professional Services and 2.3. Escrow. ATL has deposited at InnovaSafe,Inc.a copy of Maintenance&Support Services. the Source Code form of the Software, including related 1.15. Software shall mean, if applicable, the object code documentation (but excluding Third Party Software), pursuant to its InnovaSafe Escrow Agreement. Upon written request from version of the software and computer programs set forth on Customer, ATL will provide Customer with a copy of such each quote, the object code version of Third Party Software agreement. During the Maintenance Term, Customer may be, incorporated therein or provided there-with, and related at its option and expense,a beneficiary under such agreement, documentation. provided that in the event Customer fails to purchase or renew 1.16. "Source Code" shall mean a computer program or the annual Maintenance&Support Services,ATL may,in its sole software, as the case may be, (i)in human-readable, high-level discretion,remove Customer as a beneficiary. language form which, when compiled or assembled, becomes 3.SERVICES the executable object code of such software program,(ii)related scripts, HTML, dynamic HTML, XML, and other interpreted 3.1. Maintenance &Support Services. In consideration of language modules which encode processes, schemas, or the Maintenance&Support Services fees and Customer's use of formats, and (iii) programmer annotations,commentaries, and the Software in accordance with the Agreement, ATL shall version control mechanisms relating to the foregoing. perform the Maintenance&Support Services for Customer.ATL 1.17. "Statement of Work" or "SOW" shall mean, if (or its authorized reseller) shall invoice Customer the Maintenance &Support Services fees set forth on each Quote applicable, a document (including email) in which the upon shipment of the Software and ninety(90)days prior to any representatives of each Party mutually agree in writing to the renewal thereof. The Maintenance Term shall automatically specific professional services to be performed for the Project. renew for successive one (1) year periods, unless either Parry 1.18. "Technology" shall mean the Software, Deliverables, provides to the other Party written notice of its intention to and Updates, and derivative works thereof, along with terminate at least sixty(60)days prior to the expiration. Failure associated Intellectual Property Rights, but excluding any by Customer to make payment of ATL's renewal invoice in such Customer Content incorporated therein. time-period shall be deemed intention to terminate. If 1.19. "Third Party Software"shall mean third party software Customer terminates Maintenance & Support Services, provided to Customer with or incorporated in the Technology by Customer may reinstate such Services on a limited basis at a later date upon payment of the amount that the Customer ATL,its agents or contractors. would have paid had there been no lapse in such Services plus a 1.20. "Updates"shall mean maintenance releases, updates, 10% reinstatement fee. Customer may only purchase or enhancements, patches, bug fixes, and corrections of the terminate Maintenance & Support Services for the aggregate Software periodically made available to ATL's customers number of concurrent or specified named users as set forth on purchasing Maintenance & Support Services, but does not all Quotes, if applicable. Each Party acknowledges that include additional modules sold to ATL's customers at an Maintenance&Support Services shall at least cover each version additional cost and not licensed in a Quote. of the Software for a period of two(2)years following its official 2.SOFTWARE ATL quality release,but may not cover previous versions. 3.2. Professional _Services. In consideration of the 2.1. Delivery. Promptly after acceptance of each Quote, Professional Services fees, ATL shall perform the Professional whether by Customer's execution of the Quote or evidenced by Services for Customer as described in each SOW. Customer Customer's submission to ATL of a purchase order referencing acknowledges that any milestone dates established in the SOW the Quote, ATL shall provide the applicable Software, related are good faith estimates only and that accomplishment of any documentation, and enumerated license keys to Customer as milestone dates is dependent on Customer's timely set forth on such Quote. Upon such shipment of the Software, performance of its obligations under an applicable SOW as well ATL (or its authorized reseller) shall invoice Customer the as factors outside the control of either Party. Unless otherwise Software fees set forth on the respective Quote. set forth in an SOW or Quote, ATL (or its authorized reseller) 2.2. Equipment. ATL shall not be responsible for any shall invoice Customer on a semi-monthly basis for the computer equipment and operating software required to use Professional Services fees set forth on each Quote and other the Software, or for such equipment and operating software expenses incurred in the performance of Professional Services. conforming to the minimum configuration requirements Customer may terminate Professional Services upon thirty(30) specified in the documentation provided to Customer by ATL. days prior written notice to ATL. In such event,Customer shall pay ATL, in accordance with the terms and conditions hereunder,for all Professional Services completed on a time and Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 2 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 40 of 279 Accelerated Jechnology LOREX7'41S Jk4 materials basis up to the effective date of termination,including may at any time designate a replacement or successor Project for all contractual commitments and resource allocations made leader by providing timely written notice to ATL. y ATL prior to the notice of termination. 3.7. Non-Exclusive, Customer acknowledges that TL's .3. fg2§LRates..Services fees or rates shall be as set forth personnel performing the Services may be employees or on each Quote for the duration of the Professional Services set subcontractors of ATL or its affiliates.Subject to any applicable forth in an applicable SOW and of the annual period of confidentiality obligations, such personnel may provide similar Maintenance & Support Services set forth on such Quote. services or deliverables from time to time to other customers of Thereafter,such fees or rates may be prospectively adjusted by ATL using their skill, knowledge, experience, and know-how, ATL,but shall in no event exceed ATL's prevailing, published list including those gained in the course of performing the Services. fees,rates,or adjustments for such Services. 3. . Insurance. ATL agrees to maintain worker's 4.INTELLECTUAL PROPERTY compensation coverage, as applicable, combined single limit 4. . Confidential Information. Each Party acknowledges automobile liability coverage of one million U.S. dollars that during the performance of the Agreement itillhave access ($1,000,000), commercial general liability coverage of one to certain non-public information of the disclosing Party that is million U.S. dollars ($1,000,000) each occurrence and two designated as confidential or proprietary and that derives million U.S.dollars($2,000,000)in the aggregate,and umbrella independent value from not being generally known to the liability coverage of two million U.S.dollars($2,000,000)for the public,or of third parties that the disclosing Party is required to duration of the Professional Services delivered under an maintain as confidential (collectively "Confidential applicable SOW. Information"). Such information shall be treated as Confidential Information under this Agreement,and,as applicable,under the 3.5. Can a Control cceance The Parties shall follow NDA, whichever as applied to such information offers greater TL's change control and acceptance procedures as may be protection. The recipient of Confidential Information shall not further detailed in an SOW. If no such procedures are detailed disclose such information outside of recipient, except as in the SOW, then the following procedure shall apply: Any permitted herein in the performance of Services,and shall keep chane to scope of the Professional Services, the required such information confidential using the same degree of care,but Deliverables, or any other aspect of the Project shall be timely never less than a reasonable degree of care,as the recipient uses requested, in writing, by Customer. ATL shall respond, in to protect its own Confidential Information of a like nature. writing, with (1) requests for more information, (ii) a proposal Customer's Confidential Information shall include the Customer describing the fee and schedule impact of implementing the Content. ATL's Confidential Information shall include the terms requested change or any portion thereof, including a and conditions of the Agreement and the Technology (in any supplemental Quote, and/or (iii) a rejection of the change form or media,including Source Code). request. Unless specified otherwise on its face, any proposal pursuant to subsection (ii) above shall a good for ten (1 ) °2• —Hers io_.As een ATL and Customer, Customer awns all right,title, and interest to the Customer Content,and business days, during which time Customer may indicate its acceptance of such proposal by executing it or by submitting a ATL or its licensors own all right, title, and interest to the purchase order referencing such proposal and/or Quote. ATL is Technology.Accordingly,Customer assigns and transfers to ATL under no obligation to proceed with making the change until the all ownership and Intellectual Property Rights in the Technology. Parties have agreed on the cost and schedule impact,as well as Customer agrees to execute any instruments and to do all things the specifications for the revised Software or other Deliverables. reasonably requested by ATL to vest ATL with all ownership and Customer is aware that certain changes in the scope of Intellectual Property Rights in the Technology. Professional Services or any changes to an accepted Deliverable 4.3. License. Subject to the terms and conditions contained may result in additional Professional Services fees. in the Agreement,and further subject to any license agreements 3.6. Project Leader. Customer will designate a sufficiently to Third Party Software(as may appear on the Software media senior, skilled, and authorized Project leader within its internal or the install of the Software), ATL hereby grants to Customer, Project team to be responsible for facilitating communication, and Customer hereby accepts, a personal, nonexclusive, non- resolving issues, and arranging for ATL access to Customer transferable,non-sublicensable right and license for Customer's Content, personnel, equipment, offices, and other Customer Internal Business Purposes only(I) to install the Technology on resources necessary for ATL's performance of the Agreement. that number of servers at the installation address(es)as set forth Customer acknowledges and agrees that ATL's performance on the applicable Quote,and(i!)for each concurrent or specified under the Agreement is dependent on such access. Customer named user as set forth on the applicable Quote (or, if a site license,for all uses at the specified site)to use the Technology in accordance with its documentation. ATL agrees that the Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page CONFIDENTIAL AND PROPRIETARY—UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 41 of 279 a Accelerated .,.Technology MMU. license grant shall entitle Customer to allow third party Manufacturer is:Accelerated Technology Laboratories,Inc.,496 consultants,auditors and service providers to access and use the Holly Grove School Road,West End,NC 27276,USA. Technology for the sole purpose of providing services to 4.7. Expo Controls. Customer agrees to adhere to all Customer, subject to the confidentiality provisions, license applicable laws, regulations and rules relating to the export of restrictions and user limitations. The Customer acknowledges technical data and shall not export or reexport the Technology that the use of an intermediate user interface,portal,or page to to any proscribed country (or national or resident of such aggregate data,information,or actions from multiple individuals country) listed in such applicable laws, regulations and rules or users into the Technology shall not be treated as a single unless properly authorized. Customer shall cooperate with ATL named or concurrent user under the Agreement, but the consistent with such laws,rules,and regulations. number of individuals or concurrent users accessing such interface or providing such data or information shall each be 4.8. InspectionAudit. Upon reasonable prior notice from deemed a separate named or concurrent user under this ATL, Customer shall provide to ATL and its reasonably Agreement,as the case may be. Customer grants to ATL and its designated representatives access to(i)any facility or part of a agents during the term of any applicable Services, the non- facility in which the Technology is being used,(ii)any personnel exclusive right and license to use,reproduce,modify,and create using the Technology,and/or(iii)any data or records relating to derivative works of the Customer Content solely in connection the Technology or the Agreement for the purpose of verifying with the Agreement. compliance with the Agreement 4.4. Back-Up Copy. Customer may create one (1) copy of 5.PAYMENT the Technology for back-up and archival purposes only,and for 5.1. Payment Terms; Taxes. ATL shall provide invoices to no other purpose whatsoever,provided Customer affix notice of Customer via email and/or mail. Customer shall pay all invoiced ATL's or its licensors'applicable copyright in such copy. amounts to ATL within thirty(30)days from the date of invoice. 4.5. Restrictions.Any rights not expressly granted by a Party All fees set forth on each Quote exclude all sales, use, value are reserved by such Party, and all other implied licenses are added, or similar federal, state, local or foreign tax, related to disclaimed. Each Party shall not exceed the scope of the licenses the Agreement. Customer shall be responsible for, and agrees granted. Except as otherwise expressly provided,Customer shall to pay,for all such taxes, other than taxes based on ATL's net not modify,create derivative works of,sublicense,market,copy, income,whether set forth on an invoice or otherwise. Customer co-brand, private label, publish, publicly display, grant third hereby acknowl-edges that no purchase order is required for parties the right to use,frame or link to any Technology. Except timely payment of its obligations hereunder. Upon request by for its Internal Business Purpose, Customer shall not use any ATL,Customer shall issue ATL a purchase order for the Software Technology in any manner to provide service bureau or time- and/or Services within ten(10)business days. sharing services to third parties or for the benefit of third parties. 5.2. Late Payments. In addition to any other rights of ATL Customer shall not reverse engineer, decompile, translate, hereunder, ATL may charge Customer interest on the adapt or disassemble, or in any way attempt to reconstruct or outstanding balance of any overdue fees,charges or expenses at discover any Source Code of any Technology by any means a rate equal to one and one-half percent (1.5%) per month or whatsoever. Customer may not use any Third Party Software the highest rate permitted by applicable law,whichever is lower. except as part of the Software. Customer shall not bypass or Customer shall reimburse ATL for all reasonable costs and disable any protections put in place by ATL or its licensors expenses incurred (including reasonable attorneys' fees) in against unlicensed use of the Technology. Customer shall not collecting any overdue amounts. In addition to ATL's rights remove any proprietary trademark or copyright notice under Section 8_3 hereof, ATL's obligations, and Customer's incorporated in,marked on or affixed to any Technology by ATL rights and licenses are subject to the Customer's timely payment or its licensors. Customer shall not cause or permit any third of all fees hereunder. party to do any of the foregoing. Customer agrees to notify ATL immediately of any unauthorized use of any Technology. 6.WARRANTIES&COVENANTS 4.6. Restricted Rights. If Customer is directly or indirectly 6.1. Com liance With Laws. Each Party warrants to the acquiring the Technology on behalf of the U.S.Government,the other Parry that its performance under the Agreement will not Technology is classified as"Commercial Computer Product"and be in violation of any applicable law, rule, or regulation in any "Commercial Computer Documentation developed at private material respect,and that it has all rights necessary to grant the expense,contains confidential information and trade secrets of other Party the rights set forth in the Agreement. ATL and its licensors,and is subject to"Restricted Rights"as that 6.2. Software. For the longer of ninety(90) days following term is defined in the U.S. Federal Acquisition Regulations. the Effective Date, or sixty (60) days following such Software Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 4 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 42 of 279 LA ccelerated Technology m being delivered, installed or otherwise made available to Agreement; and/or (iii) assertions that the Customer Content Customer, ATL warrants that the shipped version of the infringes such third party's U.S. Intellectual Property Rights. Software shall substantially comply with the specifications in its 7.2. ATL Indemnification.ATL agrees to defend, indemnify documentation under normal use on the minimum configuration,provided that there are no modifications or other and hold harmless Customer,its affiliates, and their respective changes to the Software not made or authorized in writing by directors,officers,employees,agents,successors,and assignees ATL. Upon receipt of notice of a defect during such period,ATL from and against any and all Losses incurred or asserted by any shall, at ATL's expense and as Customer's sole remedy, use third party arising out of(i) the gross negligence or intentional commercially reasonable efforts to correct or replace the misconduct of ATL, or its affiliates, employees and agents; (ii) defective Software. use of the Customer Content by ATL, or its employees and agents, not in accordance with this Agreement; and/or (iii) 6.3. Services. ATL warrants that the Services will be assertions that the Technology infringes such third party's U.S. provided through the use of reasonable care and in a Intellectual Property Rights. professional and workmanlike manner. 7.3. Exceptions.ATL's indemnity obligation shall not extend 6.4. Non-Solicitation. Each Party agrees that it will not to any claims(i)if the Technology is modified by any party other solicit the employment or consultancy of, offer employment or than ATL, (ii) arising out of or related to a combination of the consultancy to, or otherwise hire or contract any employee of Technology with hardware or software not provided by ATL,(iii) the other Party it is introduced to or becomes aware of in if Customer refuses, after express notice from ATL, to use the connection with the Professional Services during the Project most-current version of the Technology in place of the earlier Term and for two(2)years thereafter. version,(iv)if Customer fails to promptly notify ATL of the claim, 6.5. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS (v) if Customer fails to promptly give ATL sole control over the ARTICLE 6,THE TECHNOLOGY AND SERVICES ARE PROVIDED ON defense and settlement of the claim,and/or(vi)if Customer fails AN "AS IS" AND "AS AVAILABLE" BASIS, AND EACH PARTY to promptly provide ATL reasonable cooperation (including DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, furnishing all related evidence)in such defense or settlement. IMPLIED OR STATUTORY,INCLUDING WITHOUT LIMITATION THE 7.4. Inj�. In the event of actual or alleged IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A infringement or injunction,ATL shall have the right at its expense PARTICULAR PURPOSE, INTERFERENCE, MERCHANTABILITY, and option,and as Customer's sole and exclusive remedy,to:(i) NON-INFRINGEMENT AND SYSTEM INTEGRATION. procure for Customer the right to continue using the 6.5.1.ANY USE OF THE TECHNOLOGY OR CUSTOMER CONTENT Technology; (ii) modify or replace the Technology with BY CUSTOMER IS AT SUCH CUSTOMER'S OWN RISK. ATL DOES compatible, functionally equivalent, non-infringing NOT WARRANTTHATTHE OPERATION OF THE TECHNOLOGY OR component(s); or (iii) terminate the Agreement without any CUSTOMER CON-TENT SHALL BE UNINTERRUPTED OR ERROR- liability, remove the Technology from Customer,and refund to FREE OR THAT ALL ERRORS SHALL OR CAN BE CORRECTED. Customer a pro-rata portion of the Software fees paid by Customer based on a straight-line depreciation over three (3) 6.5.2. IF THE EXCLUSIONS SET FORTH IN THIS SECTION 6_5 ARE years from the effected Software was first delivered,installed or DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE otherwise made available to Customer,whichever is longer. This UNEN-FORCEABLE, THEN ALL EXPRESS AND IM-PLIED subsection shall be Customer's sole and exclusive remedy for WARRANTIES AND CONDITIONS SHALL BE LIMITED IN Intellectual Property Rights infringement. DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE EFFECTIVE DATE,AND NO WARRANTIES OR CONDITIONS SHALL 7.5. Limitation of Liability NEITHER PARTY, THEIR APPLY AFTER THAT PERIOD. AFFILIATES, NOR LICENSORS SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, 7.INDEMNIFICATION&LIMITS OF LIABILITY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR LOST 7.1. Customer Indemnification. Customer agrees to DATA) OR FOR ANY LOSSES (EVEN IF ADVISED OF THE defend,indemnify and hold harmless ATL,its affiliates,and their POSSIBILITY THEREOF)OTHER THAN DIRECT DAMAGES ARISING respective licensors, directors, officers, employees, agents, OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE successors, and assignees from and against any and all Losses SUBJECT MATTER HEREOF. ATLS', ITS AFFILIATES', AND ITS incurred or asserted by any third party arising out of(i)the gross LICENSORS' TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL negligence or intentional misconduct of Customer, or its CLAIMS UNDER ANY THEORY OF LAW ARISING OUT OF OR IN employees and agents; (ii) use of the Technology by Customer, CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED: or its employees and agents, not in accordance with this (i) IF THE PRIMARY CAUSE OF ACTION RELATES TO THE SOFTWARE, THEN, TOGETHER WITH ALL OTHER CAUSES OF Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 5 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 43 of 279 Accelerated -technology LUMMMM ACTION, THE SOFTWARE FEES PAID TO ATL UNDER THE 9.1. Force Maieure.Neither Party will be deemed in default APPLICABLE QUOTE FOR THE RESPECTIVE SOFTWARE; of the Agreement to the extent that performance of its obligations(other than payment of money)or attempts to cure (ii) IF THE PRIMARY CAUSE OF ACTION RELATES TO any breach are delayed or prevented by reason of any event PROFESSIONAL SERVICES, AN SOW, OR DELIVERABLES, THEN, beyond the reasonable control of such Party, including any act TOGETHER WITH ALL OTHER CAUSES OF ACTION, THE of God (i.e., fire, earthquake, natural disaster), act of PROFESSIONAL SERVICES FEES PAID TO ATL UNDER THE government(i.e.,war,terrorism,embargo),or any other act or APPLICABLE QUOTE FOR THE RESPECTIVE SOW; circumstance that is beyond the reasonable control of such (iii) IF THE PRIMARY CAUSE OF ACTION RELATES TO Party, provided that such Party gives the other Party prompt MAINTENANCE & SUPPORT SERVICES, THEN, TOGETHER WITH written notice thereof. Any delays caused by Customer which ALL OTHER CAUSES OF ACTION,THE MAINTENANCE&SUPPORT impact costs associated with any Professional Services will result SERVICES FEES PAID TO ATL. WITHIN THE PRECEDING SIX (6) in additional Professional Services fees. MONTHS;OR 9,2, Eouitable Relief_. Customer acknowledges and agrees (iv) FOR ANY OTHER PRIMARY CAUSE OF ACTION, THEN, that if it breaches the provisions of Article 4 (Intellectual TOGETHER WITH ALL OTHER CAUSES OF ACTION, ONE Property) damages would be difficult if not impossible to THOUSAND DOLLARS(51,000). ascertain. As a result of the immediate and irreparable damage and loss that may be caused to ATL for which it would have no B.TERMINATION adequate remedy,in addition to and without limiting any other 8.1. Termination for Cause. A Party may terminate the remedy or right it may have, ATL shall be entitled to seek an Agreement on thirty(30)days'(ten(10)days'for failure to make injunction or other equitable relief in any court of competent any payments due hereunder) prior written notice if the other jurisdiction (without the need of posting a bond)enjoining any Party(i)has committed a material breach of the Agreement and such breach. has failed, after thirty (30) day notice thereof, to cure such 9.3. Assignment. Customer may not assign or transfer the material breach within such notice period,or(ii)should become Agreement (or any right herein) without the prior written insolvent,file a voluntary petition in bankruptcy,be adjudicated consent of ATL. ATL reserves the right to assign the Agreement. a bankrupt, have a receiver appointed for the operation of its The Agreement shall bind and inure to the benefit of the Parties business, or make a material liquidation of assets. The and their successors and permitted assignees. In the event of a termination right under clause (i) above may also be exercised permitted assignment,the assigning Party shall provide written with respect to any Services to which such material breach notice to the other Party. relates. ATL may immediately terminate the Agreement upon written notice to Customer if Customer has committed a breach 9.4. Counterparts. The Agreement may be executed by of Article 4(Intellectual Property)of the Agreement. facsimile or other electronic means, and in one or more counterparts, each of which shall be deemed to be an original, 8.2 Termination for Convenience. Either party may but all a which will together constitute one and the same terminate this Agreement,for any or no reason,on ninety(90) Agreement. Any and all previous agreements and days prior written notice to the other Party. understandings between the Parties regarding the subject 8.3. Effect of Termination., Upon termination of the matter hereof,whether written or oral, are superseded by this Agreement for any reason,each Party shall immediately return Agreement. Customer agrees that any terms or conditions in a to the other Party or destroy (at the other Party's option) any purchase order or other document issued by Customer to ATL property belonging to the other Party that is in its possession or regarding the Software or Services are void and of no force and control (including Confidential Information). Notwithstanding effect. The headings in the Agreement are solely for anything to the contrary in the Agreement,upon termination by convenience and in the event of an ambiguity or question of ATL pursuant to Section 8_1 or by Customer pursuant to Section intent or interpretation arises,the Agreement shall be construed 8.2,any unpaid fees owed by Customer hereunder immediately as drafted in English without regard to any translations,and as if shall be due and payable and all rights and licenses granted to drafted jointly by the Parties and no presumption or burden of Customer hereunder immediately shall cease to exist. proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provisions of the Agreement. If any provision 8.3. Survival of Provisions. The Parties acknowledge and in an SOW or Quote conflicts with the terms of the Agreement, agree that Article 4(Intellectual Property),Article 5 (Payment), the terms of the Agreement will control, unless the provision Section 7.5 (Limitation of Liability),Article 8(Termination),and specifically refers to and expressly overrides the conflicting Article 9(General)shall survive termination of the Agreement. terms of the Agreement. In the event any provision in an SOW 9.GENERAL Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 6 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 44 of 279 Accelerated Technology conflicts with any provision in the corresponding Quote, the receive notices under this Section and its address for notification provision(s)within the Quote shall prevail. purposes by giving the other prior written notice as provided in 9.5. Waiver, Amendments No failure of either Party to this Section of the new individual(s) and address and the date exercise any power or right granted hereunder or to insist upon upon which the change will become effective. strict compliance with any obligation hereunder shall constitute --END OF DOCUMENT— a waiver of the rights of such Party to demand full and exact compliance with the terms of the Agreement, The Agreement shall not be amended or modified, or any term or condition waived, except by written instrument that has been duly executed by the signature of an authorized representative of each Party. Each Party is hereby put on notice that any individual purporting to amend or modify this Agreement by conduct manifesting assent is not authorized to do so. 9.6. Relationship of Parties. Both Parties agree that they are independent entities. Nothing in the Agreement shall be construed to create a partnership, joint venture, fiduciary, or agency relationship between the Parties. Each Party is responsible for the supervision,management and direction of its own employees. Each Party is responsible for the payment of compensation to its employees and for any injury to them occurring in the course of their employment and neither Party shall be responsible for the supervision, management and direction of the employees of the other Party. 9.7. Judicial Modifications.THE PARTIES INTEND THAT THE AGREEMENT IS VALID AND SHALL BE ENFORCED AS WRITTEN. In the event that any provision of the Agreement for any reason is held to be invalid,illegal or unenforceable in any respect,it shall be enforced, modified, or replaced by another equivalent provision to the extent necessary to render it valid, legal and enforceable under the circumstances and to the extent consistent with applicable law, while reflecting as closely as possible the original intent of the Parties as expressed or implied therein. If, however, such enforcement, modification or replacement is not permissible under applicable law,then it shall be severed from the Agreement. The invalidity, illegality or unenforceability of the provision, or the enforcement, modification, replacement or severance thereof, as the case may be,shall not affect the validity, legality or enforceability of the other provisions of the Agreement,which shall remain in full force and effect. 9.8. Notices. All notices, requests and demands, other than invoices and routine communications under the Agreement, shall be in writing and shall be deemed to have been duly given when delivered,or when transmitted by confirmed facsimile or email, or one(1)business day after being given to an overnight courier with a reliable system for tracking delivery, or five (5) business days after the day of certified mail, return receipt requested, postage prepaid, and addressed to the contact person at the address set forth below the Party's signature. Either Party may from time to time change the individual(s) to Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 7 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 45 of 279 Accelerated Technology �";wa�oaesra. Each Party warrants that its respective signatory whose signature appears below is duly authorized by all necessary and appropriate corporate action to execute the Agreement on behalf of such Party. Accelerated Technology Laboratories,Inc. By: By Name: Name: itle: Title: Date: Date: Notice Contact: Notice Contact: ttn: Iddress: n: ddress: Phone: Phone: Fax: - _ Fax: Email: Email: Accelerated Technologies Laboratories,Inc.Premise software and Services Agreement Page 8 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 46 of 279 Accelerated Technology Exhibit A Maintenance&Support Services Overview ATL is dedicated to the success of our customers by providing timely responses to problems with ATL software products. ATL's highly skilled support engineers are well versed in ATL's software products. ATL's support services group is a global organization to ensure that support is available whenever it is needed. Maintenance services are subject to the ATL Support Website located at n. Maintenance Service Levels ATL BRONZE(5%of Software List Price)(1 Year from Anniversary Date)-Includes Technical Support Via a toll-free number(5 incidents/year), Remote Support,Access to Web Site User Support Area and Software Service Packs,LIMS Solutions Newsletter ATL SILVER(10%of Software List Price)(1 Year from Anniversary Date)-Includes Technical Support Via a toll-free number(10 incidents/year),Remote Support,Access to Web Site User Support Area and Software Service Packs,LIMS Solutions Newsletter ATL GOLD(18%of Software List Price)(1 Year from Anniversary Date)-Includes LIMS account manager,Unlimited Technical Support Via a toll-free number,Access to Web Site User Support Area,Software Service Packs,Product Upgrades,Migration Credit,and LIMS Newsletter ATL PLATINUM(35%of Software List Price)(1 Year from Anniversary Date)-Includes Dedicated LIMS account manager, Dedicated Software Engineer,Annual LIMS Check-up,Unlimited Technical Support Via a toll-free number,Access to Web Site User Support Area,Software Service Packs,Product Upgrades,Migration Credit,and LIMS Newsletter Table Summarizing Support Options ATL Support Type BRONZE SILVER GOLD PLATINUM Technical;Support 5Incidents 10 Incidents Unlimited Unlimited Extended Support Hours Optional Optional Optional Optional Product Upgrades Optional Optional Included Included Quarterly Web Training Optional Optional Included Included Remote Login Included Included Included Included ATL Support Website Included Included Included Included LIMS Support Newsletter Included Included Included Included FTP Support Area Included Included Included Included Annual Maintenance Cost(based on LIMS 5% 10% 18% 35% software cost) - Training:LIMS Boot Camp Optional Optional Optional Included* *A 5-day pass to both the Intermediate and Advanced Classes Service Hours:Sam—5pm ET,Monday—Friday,excluding holidays in the U.S. Extended Hours:8 am—8pm ET Monday—Friday Email:24 Hours/Day,7 Days/Week Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 9 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 47 of 279 Accelerated Technology LUMMUSK Authorized Contacts: The following two individuals who shall be eligible to open support requests and serve as authorized contacts on Maintenance& Support Services issues between ATL and Customer: Primary Authorized Contact: Secondary Authorized Contact: Name: Name: Title: Title: Address: Address: Phone: Phone: Fax: Fax: Email: Email: Customer may update either or both contacts upon written notice to ATL in accordance with Section 9.9 of the Agreement. Disclaimer:ATL reserves the right,at its discretion,to change the Maintenance&Support Services and the policies within this Exhibit or the ATL Support Website at any time based on prevailing market practices and the evolution of our products. Changes have no impact during any Maintenance Term for which Maintenance fees have already been paid. Annual maintenance terms for all ATL software product line division licenses must be consolidated and be coterminous. Only one maintenance invoice will be prepared and sent to the one entity for payment of that invoice. Subsequent Maintenance&Support Services purchased or acquired will be billed on a pro-rata basis for the initial period to then align its renewal with the then existing Maintenance&Support Services on account for other ATL Technology enjoyed by the Customer. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 10 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 48 of 279 , Accelerated Technology 3 Maintenance 3.1 Severity Level Definitions "Severity 1"is an emergency production situation where the Licensor Software is totally inoperable or fails catastrophically and there is no workaround; "Severity 2"is a detrimental situation(and there is no workaround)where(a)performance degrades substantially under reasonable loads causing a severe impact on use or(b)the Licensor Software is usable but materially incomplete; "Severity 3"is where the Licensor Software is usable,but does not provide a function in the most convenient manner;and "Severity 4"is a minor problem or documentation error,which is reasonably correctable by a documentation change or by a future maintenance release from ATL. 3.2 Scope ATL will use commercially reasonable efforts to resolve matters according to the support level purchased,the impact on customer's business,and the problem Severity level determined by ATL. Customer will use commercially reasonable efforts to provide:(a)a detailed problem description;(b)a method for repeatedly reproducing the problem;and(c)reasonably continuous access to a Customer authorized contact. During the Maintenance Term,Customer authorized contacts as applicable for the Maintenance& Support Services level selected in the applicable Quote may notify ATL's Technical Support Center of an error,defect,or malfunction in the Software. Maintenance&Support Services include the right to use Updates as replacements for existing copies,whether provided under maintenance,Warranty or any other reason by ATL,or ATL's authorized resellers or distributors(if applicable); Updates are subject to Customer's license agreement limitations and restrictions. Subject to the quantity of ATL Software licensed and payment of any applicable Maintenance&Support Services fees,Customer's right to use Updates extends to any supported platform then currently available for each discrete Software product under Maintenance&Support Services agreement. Updates may include new or additional platforms that are deemed(at ATUs sole discretion)to have no more than a minimum difference in price,features and functionality from previously available platforms. 3.3 Limits Customer must purchase the same service level of Maintenance&Support Services for all quantities of ATI-Technology products that it has licensed. Maintenance&Support Services fees are based on cumulative license fees paid. Maintenance&Support Services do not include support for any non-ATL software,custom configuration,product modification,new products and functionality for which ATL is charging an additional license fee,services at a Customer site,any work product provided under Professional Services or for ATL Software products with non-matching service levels. ATL reserves the right,following express notice by ATL,to make fixes only to the most current version of the relevant Software,and may elect,at its discretion,to make fixes generally available for minor release versions or the latest service pack for a supported version. In the event that a request for Maintenance&Support Services reveals that the cause of the problem is not an error,defect or malfunction in the unmodified ATL Software,Customer shall pay ATL for its work on a time and materials basis,plus meals,lodging,travel and other reasonably necessary out-of-pocket expenses. 3.4 Perpetual Term Licenses The initial Maintenance Term shall be for one year commencing on the Effective Date of the applicable Quote,unless otherwise stated in the Quote. In the event Customer elects to renew Maintenance&Support Services(subject to any rights of termination as set forth in the Agreement),such Services will be renewed for successive one(1)year terms and the annual Maintenance&Support Services fee for the first renewal term shall not increase by more than the percentage rate change in the Consumer Price Index for the 12 month period immediately preceding the anniversary date of Maintenance. Maintenance&Support Services fees for subsequently acquired Licensor Software will be prorated to expire with the then-current annual Maintenance Term. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 11 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 49 of 279 Accelerated Technology Lamrm WL 3.5 Equipment Unless expressly stated otherwise,in writing,in the applicable Quote,ATL may facilitate the Customer's acquisition,receipt,set-up and/or use of Equipment,but the Equipment's hardware manufacturer and/or such manufacturer's designated representative(s) shall be solely responsible for such Equipment,including but not limited to its condition,shipping,set-up,installation,maintenance, support,and performance. ATL does not warrant or support the Equipment. To the extent that ATL does expressly assume any support obligations over the Equipment,Customer acknowledges and agrees that ATL may subcontract Maintenance&Support Services for the Equipment,in ATL's sole discretion,to the manufacturer and/or a third-party authorized provider. ATL will remain responsible for ensuring that its Maintenance&Support Services-obligations under this Agreement are fulfilled. ATL reserves the right,as a condition precedent to the commencement of any Maintenance&Support Services,to conduct an onsite,physical,certification inspection of the Equipment when:a)Customer changes or relocates the Equipment,b)prior to the renewal of Maintenance&Support Services on the Equipment,or c)where Maintenance&Support Services were not purchased when the Equipment was initially purchased or leased from ATL. 3.6 Support Limitations At ATL's discretion Maintenance&Support Services will be provided by phone,using remote diagnosis and/or other service delivery methods. ATL will determine the appropriate delivery method required. Services such as the following,but not limited to,are excluded from Maintenance&Support: • Diagnosis or maintenance at the Customer site. If onsite diagnosis or maintenance is required,and available by ATL, Customer will be billed at the applicable standard Professional Services rates; • Set-up and installation of the replacement Equipment or replacement parts at the Customer site; • Recovery of the operating system,other software,and data; • Troubleshooting for interconnectivity or compatibility problems; • Services required due to failure of Customer to incorporate any system or software fix,repair,patch,or modification provided to the Customer by ATL; • Services required due to failure of the Customer to take avoidance action previously advised by ATL; • User preventative maintenance. Maintenance&Support Services are not provided for the following: • Damage caused by failure of Customer to follow manufacturer's recommended maintenance or operating specifications; • Damage due to war or nuclear incident,terrorism,unauthorized attempts to repair Equipment or Equipment previously repaired by an unauthorized technician or user; • Data,business interruptions,obsolescence,cosmetic damage,rust,change in color,texture or finish,wear and tear,gradual deterioration or any damage that does not affect the Equipment functionality; • Fraud,fire,theft,unexplained or mysterious disappearance,misuse,abuse or willful act; • Alteration or modification of the Equipment in any way; • Transit or relocation of Equipment by Customer,including any damages occurring while in transit or related to such relocation,and services accompanying or related to transit or relocation of the Equipment; • Power surge or failure; • Normal wear and tear. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 12 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 50 of 279 Accelerated Technology 3.7 Customer Responsibilities • The Customer will be required,upon ATL's request,to support resolving any problem reported remotely by(a)providing all information necessary for ATL to deliver timely and professional remote support and/or to enable ATL to determine the level of support eligibility;(b)starting self tests and/or other diagnostic tools and programs;and(c)performing other reasonable activities to help ATL identify or resolve the problem. • Customer must acknowledge receipt of replacement items by signing freight carrier bill at time of delivery. • Customer is responsible to install customer replaceable parts and replacement Technology and Equipment in a timely manner; • Customer shall maintain a backup copy of all software and data. ATL recommends regular backups; • Customer shall restore software and data on the Equipment,as necessary,after any repair or replacement; • Customer is responsible for the installation of any software not provided by ATL with the Equipment and insure all software installed on the Equipment is appropriately licensed. 3.7 Reinstatement of Maintenance Reinstatement of Maintenance is subject to payment of Maintenance&Support Services fees for any period during which Maintenance&Support had lapsed,a reinstatement fee,plus payment for the 12 month period commencing with the date Maintenance&Support Services are reinstated,as further described in Section 3_1 of the Agreement. 3.9 Non-Continuous Coverage In the event Customer elects not to maintain continuous Maintenance&Support,ATL may,at its discretion,refuse to provide any Maintenance&Support Services to Customer until payment for the period of discontinuity is made current,as well as any penalties, as described in the Section 3_1 of the Agreement. ATL reserves the right to suspend Maintenance&Support Services while any accrued Maintenance&Support Services fees or other fees hereunder remain unpaid. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 13 CONFIDENTIAL AND PROPRIETARY—UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 51 of 279 Accelerated -Jechnology UnM70M[Ilk 4 ATL Support Web 4.1 Opening a Customer Support Request There are three ways to report a problem: • ATL Support Web Cases reported online are automatically entered into ATOS Call Tracking system and assigned a Customer Support(CS)number. ATL requires that all Severity 1 cases be followed up with a phone call to our Technical Support Center to ensure immediate attention to your issue. • Email Support at I _ •x= I and include name,company,address,version of software,detailed description of the issue and any screen shots • Phone. Each ATL customer is given Technical Support Center information that it can contact to request support via phone. A customer support request will be created in ATL's call tracking system and a CS number is provided. 4.2 Processing a Customer Support Request Once a customer support request is submitted,the ATL support specialist will review,access and assign the appropriate severity level. All severity 3 and 4 calls will be assigned to the appropriate product and workgroup where our technical support engineers will start working on the call on a First in—First out(FIFO)basis. The ATL Technical Support Center will notify support managers of any CSs that are assigned to Severity 1 or 2,so that they are handled in an escalated manner. The ATL support engineer will communicate with Customer until the issue is resolved. Depending on the nature of the Customer Support Request,it may be resolved by a support engineer or logged as a bugs/enhancements item with product engineering. ATL support level and responsibilities: -First level(Technical Assistance Center): • Review Customer Support Requests reported by Web,Email or phone from a customer authorized contact • Validate customer maintenance status,product entitlement and check for any special handling required. • Identify type of request,problem definition,configuration,products,product versions and platforms. • Determine severity of the problem and execute any escalation procedures necessary. • Direct problems for resolution to engineers Second level(Product Support): • Confirm problem and configuration used by Customer • Evaluate against known problems or issues • Stage the problem • Reproduce problems and provide workarounds • Escalate to engineering where required to develop patches and fixes • Keep the CS updated at all times within the Call Tracking system • Keep Customer's Authorized Contact updated on the progress -Third level(Engineering): • Develop fixes as needed • Test and verify functionality and performance • Update the source code control system as needed • Ensure patches and fixes are incorporated into a future product release Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 14 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 52 of 279 Accelerated ,Technology ueoauor¢s1 4.3 Escalations Special procedures apply to Customer Support escalations. An escalated issue is generally one of the following: • No response to a problem reported,within the designated time given by the call response coordinator or technical engineer; • Response times out of severity guidelines; • Customer is dissatisfied with Customer Support resolution that has been given and wants the problem reported brought to the attention of ATL's management. 4.4 Creating,Updating and Tracking a Customer Support Request All customer support requests are created and assigned a unique ID number.The ID number is used to track each incident and should be referred to in each correspondence. 4.5 User Profile Authorized contacts are able to change their login password,update their phone numbers,select their time zone and subscribe to LIMS Solutions Newsletter in this section. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 15 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 53 of 279 Accelerated MitTechnology uwAmpmro- Quote Software and Services Fees This Quote is governed by the terms of the Master Software&Services Agreement effective 20 by and between a having a principal place of business at and Accelerated Technology Laboratories,Inc.,a North Carolina corporation, having its principal place of business at 496 Holly Grove School Road,West End,NC(the"Agreement"). Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 16 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 54 of 279 F L Accelerated Technology :SIX Statement of Work Professional Services and Deliverables This Statement of Work is governed by the terms of the Master Software&Services Agreement effective 20 by and between a having a principal place of business at_- and Accelerated Technology Laboratories,Inc.,a North Carolina corporation,having its principal place of business at 496 Holly Grove School Road,West End,NC(the"Agreement"). Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 17 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page b5 o?279 Page 56 of 279 � 3 ( � 1 t � tttt f 1�2 RESOLUTION NO. R20-001 13 1 14 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVE PIGGY-BACKING GSA 16 CONTRACT #GS-35F-I14BA AND THE EXPENDITURE r7 OF 582,413.28 FOR THE PURCHASE OF A 8 LABORATORY INFORMATION MANAGEMENT 9 SYSTEM FROM ACCELERATED TECHNOLOGY t 0 LABORATORIES (ATL); AUTHORIZE THE CITY e1 MANAGER TO SIGN THE PROPOSAL AND r2 ADDENDUM; AND PROVIDING AN EFFECTIVE, DATE. 11,3 4 WHEREAS, The City of Boynton Beach Utilities Department has its own TNI H5 (The NELAC Institute) certified laboratory that performs over 25,000 water quality tests a ? � k 16 year; and It !17 WHEREAS, the Laboratory Information Management System requested herein is I X18 needed in order to store and efficiently safeguard the results from these tests; and i J9 WHEREAS, the Utility Department is required under the terms of its TNI i 1�0 certification to maintain the integrity of the laboratory data and will allow staff to analyze ill data more efficiently to identify patterns and trend water quality conditions and be able to r , 2 proactively take action to maintain good water quality to our customers. I 3 WHEREAS, City staff has confirmed that the procurement process meets or 4 exceeds that of the City of Boynton Beach's requirements; and 1�5 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back � F 146 GSA Contract #GS-35F-1 14BA and the expenditure of $82,413.28 for the purchase of a s 17 Laboratory Information Management System from Accelerated Technology (laboratories 1 1 E8 (ATL) and authorize the City Manager to sign the Proposal and Addendum. ik 1�9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF i i 10 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I r S SCA\RLSO\,\grecmci)ts\pi g)-Wick GSA(A I L Softyvare) .Reso Docx I ! r I ` Page 57 of 270, I [ f i € k ( k i 1 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed F t2 as being true and correct and are hereby made a specific part of this Resolution upon 3 adoption. j � f I 14 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby Sj 5 approves to piggy-backing the GSA Contract #GS-35F-11413A, the expenditure of I 116 $82,413.28 for the purchase of a Laboratory Information Management System from 7 Accelerated Technology Laboratories (ATL) and authorize the City Manager to sign the E s 8 Proposal and Addendum, a copy of the Proposal and Addendum are attached hereto as 319 Exhibit "A" collectively. X40 Section 3. That this Resolution shall become effective immediately. 1 PASSED AND ADOPTED this day of January, 2020. 112 �3 CITY OF BOYNTON BEACI1, FLORIDA 144 45 YES NO 146 !, 47 Mayor— Steven B. Grant 18 g Vice Mayor—Justin Katz iso Commissioner— Mack McCray1{r, 12 113 Commissioner—Christina L. Romelus �. ;64 165 Commissioner—Tv Penserga � 156 1$7 i i�8 VOTE 159 ATTES 1 . i 00 f1 ��` �zj f t 'Y g Y ' 2 Cr stat Gibson, MMC 1E3 City Clerk 1 4J 4 3 ', s G 165 (Corporate Seal) ( S VCA\RESO\Agrecmcrts\Piggy-Back GSA(ATL SowwaXret w Raw Fera" i I ' it Page 58 of 279 i . I R20-001 ADDENDUM TO ACCELERATED TECHNOLOGY LABORATORIES, INC. ENTERPRISE AGREEMENT This ADDENDUM TO ACCEI..,ERATED TECHNOLOGY LABORATORIES, INC. ENTERPRISE AGREEMENT ("this Addendum") amends that certain Contract by and between the City of Boynton Beach, FL (hereinafter referred as "City") and Accelerated Technology Laboratories, Inc., a North Carolina corporation (hereinafter referred to as "ATLAB") entered into contemporaneously herewith and effective thereon, as follows: For purposes of this Addendum, the Agreement shall mean and include this (1) Addendum, (II) The Master Software&Services Agreement and all exhibits attached thereto;(111)Any Non-Disclosure Agreement executed by the Parties; (III) Each Quote(Software and Services Fees)executed by the Parties; and(IV) Each Statement of Work or SOW executed by the Parties (hereinafter collectively referred to as"Agreement"). 'The purpose of this Addendum is to incorporate new content into the Agreement between the City and ATLAB. To the extent that any of the terms or conditions contained in this Addendum may contradict or conflict with any of the terms or conditions contained in the Agreement, and any other attachments provided to City, as applicable, it is expressly understood and agreed that the terms of this Addendum shall take precedence over all of the foregoing. Effective as of the effective date of the Agreement, the following sections shall be added to the Agreement: 1. Limitation of Liability. Notwithstanding any provision of the Agreement or this Addendum, City shall not be liable or responsible to ATLAB beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., as amended, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to ATLAB for punitive or exemplary damages or for lost profits or consequential damages. 2. Attorneys' Fees. In the event of litigation which arises out of, or pertains to, or relates to the Agreement or this Addendum, or the breach thereof, or the services provided herein, or the standard of performance herein required, the prevailing party shall be entitled to a reasonable attorney's fee. Notwithstanding the foregoing sentence, the maximum attorney's fees which one party can recover from the other will not exceed $15,000. 3. Compliance with Laws. ATLAB shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Boynton Beach and of any other public authority,which may be applicable to this Agreement. 4, Disputed Payments. The City shall not be charged any costs, fees, charges, or expenses for payments amounts which have been disputed by the City within thirty (30) day from the date of invoice until such time as a resolution has occurred between the parties for the disputed payments or portions thereof. 5. Public Records. The City of Boynton Beach is public agency subject to Chapter 1 t9, Florida Statutes, notwithstanding any agreement to maintain Confidential Information. ATLAB shall comply with Florida's Public Records Law. Specifically, ATLAB shall: 100346705.1306-9901821) Page 59 of 279 Keep and maintain public records required by the City to perforin the service; Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable tirne at a cost that does not exceed the cost provided in chapter 119, f,'la. Stat., or as otherwise provided by law-- Ensure aw;Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,ATLAB shall destroy all copies of such confidential and exempt records remaining in its possession after ATLAB transfers the records in its possession to the City; and Upon completion of the contract.. ATLAB shall transfer to the City, at no cost to the City, all public records in ATI-AB's possession. All records stored electronically by ATLAB must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. The failure of ATLAB to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement, for which. the City may terminate the Agreement. IF ATLAB HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ATLAS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC(a-),BBFL.US 6. Records and Audit. City reserves the right to audit the records of ATLAB relating to this Agreement any time during the performance and term of the Agreement and for a period of three (3) years after termination of the Agreement. If required by City, ATLAB shall agree to submit to an audit by an independent certified public and review the records of ATLAB at any and all times during normal business hours during the term of this Agreement. ATLAB shall preserve and make available for inspection by City personnel, or by personnel duly authorized by City, computer date and other records related to the services provided under this Agreement. The records will be made available during normal business, hours upon twenty-four (24) hours notice by the City. 7. Scrutinized Companies. ATLAB agrees to: 109346708 1 106-90018211 Page 60 of 279 a. Comply with Section 287.135, Florida Statutes, which prohibits agencies frorn contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, ATLAB is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Syria. The boycott Israel list is created pursuant to 215.4725, Florida Statutes and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. b. As the person authorized to sign on behalf of ATLAB, I hereby certify that ATLAB is not participating in a boycott of Israel,on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Syria. I understand and agree that pursuant to section 287.135, Florida Statutes, the submission of a false certification-, or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sucian List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List- or engaging in business operations in Syria will be cause for the City to terminate this Agreement at the option of the City. In addition, ATLAB may be subject to civil penalties, attorney's fees, and/or costs. 8. Choice of Law. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County without regard to its conflicts of law. The parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Palm Beach or the Federal District Court with subject matterjurisdietion and encompassing the County of Palm Beach, Florida. Each party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. 9. Conflict of Interest. ATLAB covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this agreement has any personal financial interests, direct or indirect, with city. ATLAB further covenants that, in the performance of this agreement, no person having such conflicting interest shall be employed, any such interests, on the part of ATi.,AB or its employees, must be disclosed in writing to City. ATI..,AB is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues (2019), as amended, agrees that it will fully comply in all respects with terms of said laws. ATLAB warrants that it has not employed or retained any person employed by City, to solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by city any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. 10. Ethics Disclosure. ATLAB warrants that no elected official, officer, agent or employee of the Citv has financial interest directly or indirectly in this contract or the compensation to be paid under it, and further, that no city employee who acts in the City of Boynton Beach as a -purchasing agent"as defined by §1 12.312(20), Florida Statutes, nor any elected or appointed officer of the City of Boynton Beach, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer director, or proprietor of A"]'LAB, and further, that no such city employee purchasing agent, city elected or appointed 100 46708 1 100-90018211 Page 61 of 279 officer, or the spouse or child of any of them, alone or in combination, has a material interest in ATLAS. Material interest means direct of indirect ownership of more than five (5) percent of the total assets or capital stock of ATLAB. 11. Indemnity. ATLAB shall indemnify and hold harmless City, and its elected and appointed officers, the officers, directors, employees, agents and other consultants of each of them, from and against any and all claims, files, fees, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of ATLAB and other persons employed or utilized by ATLAB in the performance of this Agreement. ATLAB agrees to indemnity, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent or for the infringement of any and al copyrights or patent rights claimed by any person, firm, or corporation. This indemnity includes but is not limited to claims attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property, including the Work itself, and including the loss of use resulting therefrom. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by ATLAB from the City that such amount is due, be made by ATLAB prior to the City being required to pay same, or in the alternative, the City, at the City's option,may make payment of an amount so due and ATLAB shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by ATLAB of written notice from the City that such payment is due. ATLAB agrees, at ATLAB's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to accept such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by ATLAB. Additionally, if ATLAB, after receipt of written notices from the City, fails to make any payment due hereunder to the City. ATLAB shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from ATLAB. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. 12. 'T'ermination for Non-Appropriation of Funds. Notwithstanding any other provision of this Agreement, the City shall not be obligated for ATLAB's performance hereunder or by any provision of this Agreement during any of the City's future fiscal years unless and until the City Council appropriates funds for this Agreement in the City's Budget, or any amendment thereto, for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for 1003467081 306-9001821 Page 62 of 279 which funds were appropriated. The City shall notify the ATLAB in writing of any such non- allocation of funds at the earliest possible date. 13. Nondiscrimination and Equal Opportunity Employment. During the performance of this agreement, ATLAB shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. 14. Disciplinary Action. ATLAB agrees to immediately notify the City of any disciplinary action imposed against ATLAB or any of its employees by any regulatory agency with the charge of regulating ATLAB. 15. Convicted Vendor List. ATLAS represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. ATLAB acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a ATLAB, supplier, subcontractor or ATLAB under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, for Category Two for a period of THIRTY-SIX (36) months from the date of being placed on the convicted vendor list. 16. Non-exclusivity. The services provided pursuant to the Agreement shall be non-exclusive. 17. Consideration Adequate. The parties acknowledge that there is adequate consideration to enforce each and every provision of the Agreement. 18, Modification. Except as specifically amended or modified herein, the terms and provisions of the Agreement remaii, unchanged. No future amendment, modification to the Agreement shall affect the terms and conditions contained in this Addendum without specific reference to this Addendum and approved by both parties, in writing. 19. Tax Exempt. ATLAB and City agree that City is a tax exempt entity and not subject to the payment of taxes under the Agreement. (00346'708 1 305-9001821 J Page 63 of 279 IN WITNESS WI-IERE01', the parties have hereunto set their hands and seals effective as of the effective date of the Agreement. CITY OF BOYNTON BEACH ACCELERATED TECHNOLOGY LABORATORIES, INC. By: By: Print Name: Lori LaVerriere Print Name: Ar. eho's-Ay'. 'I'itic:—_ City Manager Date:- January 23, 2020 Date: 7-10 APPR E To, F F CITY ATTORNEY IOOJ46701 1 30640018211 Page 64 of 279 E-mi _mm1; LABORATORY INFORMATION MANAGEMENT SYSTEM Sample Master° Pro Workstation Proposal for City of Boynton Beach Prepared for Juan Guevarez 11/5/2019 w0. . ✓WfA�•. , c • „Tart 111SI - •• r✓r+^r D Y Nyyll tlQ t51 '' W syn.,,,,...r 0 y1 , 001.7116*5'; / . if �Y �.....r� / 4 ' „violf 1057E - �. w moor 11 04/011104 r1 e ,s re....— +1 14PI WW1 2119 ri, r '� 60/.1121151 M ..• rd.�... ... • t'410111016N M 1 +'r.:+., '?15N [ldyU111QN 1lAM . .�.u......e.r R NS'd11f 11H .',111 ,w.rr.cts MANNA. M1 NYJ0II IIN30,W *, "re mss. ..r NUT r of t'T 11 t12130N1 w WV• rrNUi....-r apt y11 g1111NDY1 r` .r �a .�NU:rr..rr NY301112130y1 '.S•y�yK1T,—•- ' e �,�rNcb 1.�..�r NS9Q11 11r30µ w�tiw ++rel.fl Nvn11111230.r1 .N..ti... l77 ��..r b V1YA11111r 30,111 .s 41 41 i� 4 V.(([. j d. S�SZII 111030 N1 N1.'i4 L ro' S�SA11105{IM 111101. µµ,. 1' t Accelerated 3+9Yy Technology u80RAIDRIES INC. 496 Holly Grove School Road A { i,--i West End NC 27376 '_ a 1� (910)673-8165 I atlab.com $$$c 'a, it GOLD CE`R'Toft IFIED n 1061;0101111/1 va SOS OAccekrvtrd Techralopy Laborotorns,Inc.AN Rights Reserved. \ SM2019115-LW-Cit-C ,-_,_, ,,, )u N),,,, r Cost Proposal for Accelerated C)N t' Technology — City of Boynton Beach LABORATORIES INC. Sample Master® Pro Workstation - 10 Concurrent User Licenses Premise Deployment 11/5/2019 Sample Master® Pro Workstation Modules Description Qty Units Unit Price Total Sample Tracking 1 each 26,592.00 $ 26,592.00 This module allows users to quickly and efficiently automate functions such as log-in,generate barcode labels,create quotes,convert to orders,and create invoices that can be electronically exported to numerous accounting packages. •Generate a series of reports,including Chain of Custody,login report,and sample conditions •Scan supporting documentation or attach files to an order(PDF,Word,Excel,etc.) •Create,maintain and email work lists Ucense SMI-1013-10 Data Entry 1 each 26,592.00 $ 26,592.00 Enter data,create QC Batches and Custom Reports,check the Audit Trail,run a Trend Analysis,run the GIS(Geographic Information System)function,set up Unit Conversions,and leverage the Master Query function to quickly mine data.Custom Reporting allows you to harness the power of the Master Query by defining the audit report criteria and creating an unlimited number of user-definable reports.Using historical data,create Trend Analysis charts by test, department,client,site,or a variety of criteria.Using the LIMS GIS function,users can plot sampling locations and test result values. Ucense SMI-1013-10 Sample Scheduling 1 each 11,284.00 $ 11,284.00 Automatically logs in samples for routine collection.Samples can be scheduled hourly,daily,weekly,monthly,quarterly,semi-annually,or annually. Ucense SMI-1013-10 LIMS Maintenance 1 each 0.00 $ 0.00 The UMS Maintenance module is comprised of the entire laboratory's static information that is configured and maintained by the database administrator. This is where the setup information and default settings are found.Information such as defaults,number format,QC batch ID,employees,permissions,tests, methods,limits,prices,departments,ID formats,reports,and many other settings are stored and updated.This module allows the administrator to easily configure the LIMS to conform to the workflows and business rules of the laboratory. Sample Master Pro Workstation Modules $ 64,468.00 10 Concurrent User Licenses Discount -0.30 $ -19,340.40 Subtotal Sample Master°Pro Workstation Software Discounts $ -19,340.40 Total Sample Master°Pro Workstation Software $ 45,127.60 Sample Master® Enhancement Tools License Description Type Qty Unit Unit Price Total iMobile°Annual Subscription Concurrent 2 each 1,200.00 $ 2,400.00 Allows direct upload of LIMS data from field collectors in real-time.(iPad,Samsung Galaxy,Nexus,or other device with a rugged case sold separately.)2 Annual Subscription Access licenses assigned.Includes product support and upgrades. Note:Subscription services require a one-time$2,000 set-up fee Accelerated ove Laboratories,Inc. 496 Holly Grove Rd•West End,NC 27376 rot) 800.565.LIMS(5467)or 910.673.8165 SGS www.atlab.com Confidential Page 1 of 3 Barcode Starter Package Package 1 each 2,995.00 $ 2,995.00 1D Barcode Starter Package:Includes 300DPI Printer,2 Hand-Held Scanners,1 Ribbon,1 Roll of Labels(1000),Barcode Software and all required cables,On- site Installation,Configuration(includes up to 2 hours of custom label report development)and Training when implemented with Sample Master*. Total Sample Master Enhancement Tools $ 5,395.00 Professional Services Service Description Location Qty Unit Unit Price Total ATL Advantage Plan Off-Site 1 each 3,000.00 $ 3,000.00 The ATL Advantage Project Management program is the result of over two decades of expertise in the LIMS industry and in compliance with ATL's ISO 9001 Certified Quality Management System.The Project Management Program consists of implementation checklists,a static data template,and a project dashboard that ensures that ATL's clients successfully deploy their LIMS.The project manager with be the primary point of contact during implementation and responsible for coordinating all implementation activities. ATL Per-Diem On Site Consulting Services On-Site 1 day 2,360.87 $ 2,360.87 To provide configuration assistance and guidance for the configuration of the laboratory's work processes into the LIMS. GSA nem USM-ON-II ATL Off Site Consulting Services Off-Site 20 hour 214.80 $ 4,296.00 Telephone and web-conference delivered guidance and assistance for the configuration of the laboratory's workflow into the LIMS. Assistance with Static Data Migration Estimated at:16 Hours Assistance with iMobile Configuration Estimated at:4 Hours Note:Customers are only charged for hours of service rendered. GSA Item USM-CU-2 Report Development Off-Site 20 hour 214.80 $ 4,296.00 Budgetary estimates for two reports: Chain of Customer estimated at 8 hours Final Report estimated at 10 hours GSA Item USM-CU-2 ATL Off Site Customizations,Testing&Documentation Off-Site 24 hour 214.80 $ 5,155.20 Interface with ERSI GIS estimated at 24 hours. GSA Item 4SM-CU-2 Please Note:ATL Engineers will work with client to create a Requirements Document that will clearly define the specifications of each customization,for client review and signoff prior to any initiation of work(Includes Requirements Document,Creation,QA/QC,documentation and installation).Upon completion of the Requirements Document process and client approval an exact cost will be provided. Total Professional Services $ 19,108.07 Training Training Description Location Qty Unit Unit Price Total System Administrator's Training On Site 1 day 2,360.87 $ 2,360.87 Administrator training is designed to maximize the user's knowledge and understanding of Security and Configuration within the LIMS.Training Includes the information required to configure users and test methods in the LIMS. GSA Item USM-ON-TR End User Training On Site 2 day 2,360.87 $ 4,721.74 End user training is designed to ensure users develop an understanding of LIMS and Sample Master•iMobile functionality relevant to their individual responsibilities. GSA Item USM-ON-TR Total Training $ 7,082.61 Accelerated Technology Laboratories,Inc. (, 1 496 Holly Grove Rd•West End,NC 27376 800.565.LIMS 154671 or 910.673.8165 SGS www.atlab.com Confidential Page 2 of 3 l Travel Expense Travel Expense is based on 2 trip(s)and 4 day(s)on-site. Total Travel $ 3,700.00 Annual Maintenance and Support Support Description Qty Rate Total ATL Gold Support 1 year 17.05% $ 7,694.26 Unlimited telephone,e-mail and Web site operational support for up to two(2)customer points-of-contact(POC).Phone support hours are from 8:00 am to 5:00 PM Eastern Time,Monday through Friday,other than on Federal holidays.Dedicated Account Manager assigned to your company.Service Pack updates and product upgrades ARE INCLUDED.Access to User Group Meetings and LIMS Solution Newsletter. Also includes quarterly web training.The purchase of a new LIMS includes one year of ATL Gold level support. GSA Item ASU-GO-2 Annual Maintenance and Support $ 7,694.26 Quotation Summary SM2019115-LW-Cit-C Sample Master Pro Workstation Modules $ 45,127.60 Sample Master'(Mobile Subscription Set Up Fee(One time) $ 2,000.00 Total Sample Master Enhancement Tools $ 5,395.00 Total Professional Services $ 19,108.07 Total Training $ 7,082.61 Estimated Travel&Lodging $ 3,700.00 Project Total $ 82,413.28 Ongoing Annual Subscription Fees $ 2,400.00 Annual Maintenance and Support (year 2) $ 7,694.26 Quote valid through 12/5/2019 NOTE:All Items are quoted at list price,in$USD Prepared by Laura Lee Williford Prepared for Allan Guillen Accelerated Technology Laboratories Address City of Boynton Beach Address 496 Holly Grove School Road 5469 W Boynton Beach Blvd West End,NC 23736 Boynton Beach,FL 33437 Phone 800.565.LIMS(5467) Phone 964 6001068 Fax 910.673.8166 Email guillena@bbfl.us Email iwilliford@atlab.com Accepted By dea„.141 Approved By Dr.Christine Paszko VP Sales and Marketing Date Accelerated Technology Laboratories,Inc. 'Ala") 496 Holly Grove Rd•West End,NC 27376 800.565.LIMS(5467)or 910.673.8165 SGS www.atlab.cons Confidential Page 3 of 3 t t SAMPLEMASTER ;1, sup tt ., B011A" Y INFORMATION^ N SAN MENT SYSTEM Sample Master' pro Workstation Proposal -for City of Boynton Beach Prepared for Juaii GU<VW(,1r 11/5/2013 t� §S N �,lM� '1� � RDiCd9Y YM t tl�t "Al art_ CSS ,8 4 ¢tx Ff�*Y.i&,544..P.Of �jJi' a 8 II =aaP: d to SIXii i tgsd N to ZAN r&i�•:;r r € ett rP�Y us Jowl r { �Nrv;yHoryt ux (� t t t5t i t 't v` t= �z s� SM2019115-LW-Cit-C Accelerated Cost ProposalforJechnology B City of Boynton each LABORATORIES INC. Sample Master" Pro Workstation - 10 Concurrent User Licenses Premise Deployment 11/5/2019 Sample MasterO Pro Workstation Modules Description Qty Units Unit Price Total Sample Tracking 1 each 26,592.00 $ 26,592.00 This module allows users to quickly and efficiently automate functions such as log-in,generate barcode labels,create quotes,convert to orders,and create invoices that can be electronically exported to numerous accounting packages. •Generate a series of reports,including Chain of Custody,login report,and sample conditions •Scan supporting documentation or attach files to an order(PDF,Word,Excel,etc.) •Create,maintain and email work lists Ucense SMI-1013-10 Data Entry 1 each 26,592.00 $ 26,592.00 Enter data,create QC Batches and Custom Reports,check the Audit Trail,run a Trend Analysis,run the GIS(Geographic Information System)function,set up Unit Conversions,and leverage the Master Query function to quickly mine data.Custom Reporting allows you to harness the power of the Master Query by defining the audit report criteria and creating an unlimited number of user-definable reports.Using historical data,create Trend Analysis charts by test, department,client,site,or a variety of criteria.Using the LIMS GIS function,users can plot sampling locations and test result values. License SMI-1013-10 Sample Scheduling 1 each 11,284.00 $ 11,284.00 Automatically logs in samples for routine collection.Samples can be scheduled hourly,daily,weekly,monthly,quarterly,semi-annually,or annually. License SMI-1013-10 LIMS Maintenance 1 each 0.00 $ 0.00 The LIMS Maintenance module is comprised of the entire laboratory's static information that is configured and maintained by the database administrator. This is where the setup information and default settings are found.Information such as defaults,number format,QC batch ID,employees,permissions,tests, methods,limits,prices,departments,ID formats,reports,and many other settings are stored and updated.This module allows the administrator to easily configure the LIMS to conform to the workflows and business rules of the laboratory. Sample Masterffi Pro Workstation Modules $ 64,468.00 10 Concurrent User Licenses Discount -0.30 $ -19,340.40 Subtotal Sample Master*Pro Workstation Software Discounts $ -19,340.40 Total Sample Master®Pro Workstation Software $ 4S,127.60 Sample Master° Enhancement Tools License Description Type Qty Unit Unit Price Total iMobilee Annual Subscription Concurrent 2 each 1,200.00 5 2,400.00 Allows direct upload of LIMS data from field collectors in real-time.(iPad,Samsung Galaxy,Nexus,or other device with a rugged case sold separately.)2 Annual Subscription Access licenses assigned.Includes product support and upgrades. Note:Subscription services require a one-time$2,000 set-up fee r Accelerated Technology Laboratories,Inc. 496 Holly Grove Ad•West End,INC 27376 Ron 565.LIMS(5467)or 910 r7 8165 �GS wwwatlab.— Confidential Page 1 of 3 Page 66 of 279 Barcode Starter Package Package 1 each 2,995.00 $ 2,995.00 1D Barcode Starter Package:Includes 30ODPI Printer,2 Hand-Held Scanners,1 Ribbon,1 Roll of Labels(1000),Barcode Software and all required cables,On- site Installation,Configuration(includes up to 2 hours of custom label report development)and Training when implemented with Sample Mastere. Total Sample MasterO Enhancement Tools $ 5,395.00 Professional Services Service Description Location Qty Unit Unit Price Total ATL Advantage Plan Off-Site 1 each 3,000.00 $ 3,000.00 The ATE Advantage Project Management program is the result of over two decades of expertise in the LIMS industry and in compliance with ATL's ISO 9001 Certified Quality Management System.The Project Management Program consists of implementation checklists,a static data template,and a project dashboard that ensures that ATL's clients successfully deploy their LIMS.The project manager with be the primary point of contact during implementation and responsible for coordinating all implementation activities. ATL Per-Diem On Site Consulting Services On-Site 1 day 2,360.87 $ 2,360.87 To provide configuration assistance and guidance for the configuration of the laboratory's work processes into the LIMS. GSA Item USM-ON-11 ATL Off Site Consulting Services Off-site 20 ho„r 214.80 $ 4,296.00 Telephone and web-conference delivered guidance and assistance for the configuration of the laboratory's workflow into the LIMS. Assistance with Static Data Migration Estimated at:16 Hours Assistance with iMobile Configuration Estimated at:4 Hours Note:Customers are only charged for hours of service rendered. GSA Item#SM-CU-2 Report Development Off-site 20 hors 214.80 $ 4,296.00 Budgetary estimates for two reports: Chain of Customer estimated at 8 hours Final Report estimated at 10 hours GSA Item#SM-CU-2 ATL Off Site Customizations,Testing&Documentation off-Site 24 Inc., 214.80 $ 5,155.20 Interface with ERSI GIS estimated at 24 hours. GSA Item#SM-CU-2 Please Note:ATL Engineers will work with client to create a Requirements Document that will clearly define the specifications of each customization,for client review and signuff Prior to any initiation of work(Includes Requirernents Docurnent,Creatiun,QA/QC,documentation and installation).UP— completion of the Requirements Document process and client approval an exact cost will be provided. Total Professional Services $ 19,108.07 Training Training Description Location Qty Unit Unit Price Total System Administrator's Training On site 1 day 2,360.87 $ 2,360.87 Administrator training is designed to maximize the users knowledge and understanding of Security and Configuration within the LIMS.Training includes the Information required to configure users and test methods in the LIMS, GSAItem#SM-ON-TR End User Training On site 2 day 2,360.87 $ 4,72134 End user training is designed to ensure users develop an understanding of LIMS and Sample Masters iMobile functionality relevant to their individual responsibilities. GSA Item#SM-ON-TR Total Training $ 7,082.61 Accelerated Technology Laboratories,Inc. w e 496 Holly Grove Rd•West End,NC 27376 800.5651IMS(5467)or 810.873.8165 SGS wwwat ab_com Confidential Page 2 of 3 Page 67 of 279 Travel Expense Travel Expense is based on 2 trials)and 4 day(s)on-site. Total Travel $ 3,700.00 Annual Maintenance and Support Support Description Qty Rate Total ATL Gold Support 1 year 17.05% 5 7,694.26 Unlimited telephone,e-mail and Web site operational support for up to two(2)customer points-of-contact(POC).Phone support hours are from 8:00 am to 5:00 PM Eastern Time,Monday through Friday,other than on Federal holidays.Dedicated Account Manager assigned to your company.Service Pack updates and product upgrades ARE INCLUDED.Access to User Group Meetings and LIMS Solution Newsletter. Also includes quarterly web training.The purchase of a new LIMS includes one year of ATL Gold level support. GSA Item#SU-GO-2 Annual Maintenance and Support $ 7,694.26 Quotation Summary SM201911S-LW-Cit-C Sample Master®Pro Workstation Modules $ 45,127.60 Sample Master*!Mobile Subscription Set Up Fee(One time) $ 2,000.00 Total Sample Master*Enhancement Tools $ 5,395.00 Total Professional Services $ 19,108.07 Total Training $ 7,082.61 Estimated Travel&Lodging $ 3,700.00 Project Total $ 82,413.28 Ongoing Annual Subscription Fees $ 2,400.00 Annual Maintenance and Support (year 2) $ 7,694.26 Quote valid through 12/5/2019 NOTE:All Items are quoted at list price,in$USD Prepared by Laura Lee Williford Prepared for Allan Guillen Accelerated Technology Laboratories Address City of Boynton Beach Address 496 Holly Grove School Road 5469 W Boynton Beach Blvd West End,NC 23736 Boynton Beach,FL 33437 Phone 800.5651IMS(5467) Phone 9646001068 Fax 910.673.8166 Email guillena@bbfl.us Email lwilliford@atiab.com / Accepted By „ Approved By Dr.Christine Pasxko VP Sales and Marketing Odle L6L� Accelerated Technology Laboratories,In<. ,p 496 Holly Grove Rd•West End,NC 27376 800 565 LIMS(54671 or 910 673 8165 SIGS r l.b.corn Confidential Page 3 of 3 Page 68 of 279 6.C. Consent Agenda 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approve upgrade of VTScada licensing to the 50K Tag Bundle which includes an additional server runtime license and full system support at a total price of$44,256.13. Explanation of Request: The Utility is in the process of migrating its Supervisory, Control and Data Acquisition (SCADA) systems to the most recent release, upgrading the programming for Lift Station control and adding oversight of the new District Energy Plant and associated customer metering systems. The current licensing is restricted to only 10 concurrent users which is insufficient to meet the current needs. The new license provides for unlimited users and the provision of a new, additional emergency backup server to be placed in the District Energy Plant. It will also provide for improved system security and reliability, and will be sited in a building designed to withstand a Category 5 storm. How will this affect city programs or services? The Utility is constantly reviewing its preparedness to handle all types of emergencies. The SCADA system provides continuous monitoring of over 200 facilities throughout the service area, with operators providing 24/7 coverage every day of the year. The upgrading of the SCADA licensing is part of a larger strategy to enhance the system and to improve on its reliability as well as increasing the availability of the information throughout the organization. Fiscal Impact: Budgeted The total cost is$44,256.13 of which $5,626.13 is the ongoing support contract and $38,630.00 is the cost of the upgrades. The following budgets are impacted 401-2821-536-64.14 401-2811-536-46.91 401-2816-536-46.91 There will be ongoing annual support costs to ensure access to the latest software releases and assistance with any issues. Alternatives: The alternative would be to change to a new SCADA package which would result in significant expenditure in new programming and training, as well as the new licensing costs. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Page 69 of 279 Is this a grant? Grant Amount: ATTACHMENTS: Type Description Addendum Trihedral upgrade quote Page 70 of 279 Trihedral, Inc. • Millenia Lakes One•4700 Millenia Boulevard, Suite 260•Orlando, Florida 32839-6014•USA Phone: (407)888-8203•Fax: (407)888-8213 http://www.trihedral.com Quotation "Triliecirai,"{ Quote Number 017561 Terms Net 30 Days Date 02-20-2020 Sales Person Bryan Sinkler Bill To Ship To Valid Until 03-21-2020 Michael Low Michael Low Tax Info. Tax ID#26-0449423 City of Boynton Beach - FL City of Boynton Beach - FL 100 E. Boynton Beach 100 E. Boynton Beach Boulevard Boulevard P.O. Box 310 P.O. Box 310 Boynton Beach, FL Boynton Beach, FL 33435-0310 33435-0310 USA USA S/N 20334 - Boynton Beach, FL # 1 oty. I Product Unit Price Ext.Price 1 1 VTScada 100K-Development Runtime-Renewal @15% $1,319.25 $1,319.25 2 10 VTScada 100K-Thin Client-Single-Renewal @15% $253.05 $2,530.50 3 1 VTScada 100K-Alarm Notification-Renewal @15% $468.00 $468.00 4 -1 Special Discount-VTScada 100K-Alarm Notification-Renewal @15% $468.00 $-468.00 Current SupportPlus Expiry Date: November 30,2019 Proposed SupportPlus Expiry Date: November 30,2020 License Value for Renewals: $28,785.00 Group Totals Subtotal: $3,849.75 --None-- (0%): $ 0.00 Total: $3,849.75 S/N 7730 - Boynton Beach, FL # 1 oty. I Product Unit Price Ext.Price 1 1 VTScada 100K-Development Runtime-Renewal @15% $1,319.25 $1,319.25 2 1 VTScada 100K-Alarm Notification-Renewal @15% $468.00 $468.00 3 -1 Special Discount-VTScada 100K-Alarm Notification-Renewal @15% $468.00 $-468.00 Current SupportPlus Expiry Date: November 30,2019 Proposed SupportPlus Expiry Date: November 30,2020 License Value for Renewals: $11,915.00 Group Totals Subtotal: $ 1,319.25 --None-- (0%): $ 0.00 Total: $ 1,319.25 SN 20334, 7730 - Boynton Beach Bundle Upgrade # 1 oty. I Product Unit Price Ext.Price 1 1 -•-VTScada 50K Dual Server Premium-•-Upgrade $32,535.00 $32,535.00 1 2 VTScada 50K-Development Runtime 2 2 VTScada 50K-Alarm Notification 3 1 VTScada 50K-Thin Client-Unlimited 4 1 VTScada Training Course Credit-$1,000.00 5 1 Bundle SupportPlus Page 711 of 279 Trihedral, Inc. • Millenia Lakes One•4700 Millenia Boulevard, Suite 260•Orlando, Florida 32839-6014•USA Phone: (407)888-8203•Fax: (407)888-8213 http://www.trihedral.com 6 1 Bundle 24/7 Emergency Support 7 1 Bundle Discount 8 1 Current License Trade-in Value Proposed SupportPlus Expiry Date: November 30,2020 Bundle Value for Renewals: $66,995.00 `Future Annual SupportPlus Renewals: $10,049.25 `Future Annual SupportPlus,which includes technical support and software upgrades, is calculated at 15%per annum of the combined license components. This rate will never increase as long as SupportPlus is maintained. This does not include 24/7 Emergency Support. Group Totals Subtotal: $32,535.00 Total: $32,535.00 New 50K Runtime for EOC # 1 oty. I Product Unit Price Ext.Price 1 1 VTScada 50K-Runtime-Includes Three Months of SupportPlus $6,095.00 $6,095.00 2 1 SupportPlus-Additional 6 Months $457.13 $457.13 Proposed SupportPlus Expiry Date: November 30,2020 License Value for Renewals: $6,095.00 Group Totals Subtotal: $ 6,552.13 Total: $ 6,552.13 Quotation Totals Currency: US Dollar Subtotal: $44,256.13 Total: $44,256.13 Terms and Conditions: This quote shall be governed by laws of the State of Florida,with the exception that the use of the VTScada Software shall be governed exclusively by the VTScada Software License Agreement(Standard Conditions),VSLASC v6.1 -2017-11-14, and the VTScada Software Standard Support Services Agreement(Standard Conditions),VSSSSASC v 1.2 Jan-18-16, available at https://www.trihedral.com/license-agreement. VTScada support and upgrade pricing are in accordance with the previously accepted license agreement terms and any differing purchase order terms proposed will not be accepted without written agreement by Trihedral. A SupportPlus renewal quote contains grandfathered pricing that is contingent upon the receipt of a purchase order before the quote expiry date (as agreed to under the VTScada license terms of the original license). Purchase orders received with an alteration of previously accepted terms,or after the quote expiry date,will require a re-quote of the renewal price at current pricing. Quotation Accepted By Quote Number Q17561 Print Name Title Signature Date Page 72of 279 6.D. Consent Agenda 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on February 18, 2020. Explanation of Request: The City Commission met on February 18, 2020 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: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Minutes Minutes 02-18-2020 Page 73 of 279 Minutes of the City Commission Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Tuesday, February 18, 2020, at 5:30 p.m. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina L. Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Invocation — Reverend Laurie Durgan, Unity of Delray Beach. Pledge of Allegiance to the Flag led by Mayor Grant. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Romelus moved to approve the agenda as presented. Commissioner McCray seconded the motion. The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner McCray, Commissioner Romelus, and Commissioner Penserga had nothing to disclose. Mayor Grant noted that on February 5t", he attended the Chamber event with Commissioner Penserga for the ribbon cutting for Prime Island at Prime Catch. February 6t", he attended Business over Coffee and met with a few businesses, that evening he Page 74 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 attended the Magic Wheels and Special deals, sponsored by Joe DiMaggio Children's Hospital. February 7th, he attended the Safe Street Summit, he also he was at the Arts Warehouse for the Sister City presentation. February 8th, he attended the Barrier Free 5k. February 10th, he met with the Vietnam Veterans commander and attended a check presentation from the Bill Tomei Foundation for the new Boynton Beach Bulldog and Cheer. He attended the MLK update committee and thanked the Communications department. He attended the transportation disadvantage local Coordinating Board. February 12th, he met with Central Palm Beach Chamber. February 14th, he made his extra special brownies for the City bake sale. February 16th, he attended a concert featuring the Gold Coast Band and said he is looking forward to next year's concert. February 17th, he attended a meeting with the Palm Beach Leisureville historical society. February 18th, he attended a meeting with the Florida Department of Transportation and should be on NBC and Fox too. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Early Voting for the March 17, 2020 Presidential Preference Primary and Municipal Election will begin on Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: tt s://www. bceletions.or oters/Earl -Votin Mayor Grant announced that early voting for the March 17, 2020 Presidential Preference Primary and Municipal election will begin Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. A listing of early voting locations throughout the County can be found at www. bcelections.or /voters/earl -voting. Early voting within the City is from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Blvd. B. Due to the March 17, 2020 Presidential Preference Primary and Municipal Election, the second Commission Meeting in March has been rescheduled to Wednesday, March 18th at 5:30 p.m. Mayor Grant announced the Commission Meeting scheduled for March 17th was rescheduled to March 18, 2020 at 5:30 p.m. due to the elections. C. Mayor Grant to present plaques to express The City's appreciation for those responsible for building the Magic Wheelchair; Valerie Mathieu, Founder/President Chariots of Love; Jeff Cohen, Little Wolf Carpentry, Arthur Laddin and Ronald Huggins, Kings Point Woodshop. These individuals transformed the wheelchair of 7-year-old Aamir into something magical. z Page 75 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Mayor Grant presented a plaque to express the City's appreciation for those responsible for building the Magic Wheelchair. Wally Majors, Parks and Recreation Director, provided an overview of the Magic Wheels program. D. Presentation of the monthly Town Square update. Colin Groff, Assistant City Manager, provided tours for the new buildings in Town Square. He provided a financial update for Town Square and showed the original cost from 2018 to the current projected project cost. The current budget is $117M. The original cost was $120M. Mr. Groff continued with the Town Square site enhancements. There would be an enhanced security system, color LED lighting; there is a delay for the installation of lighting. Commissioner Romelus asked if this was the same company, which the city uses for the water tower. Mr. Groff responded no, but they are having the same delivery problem. Mr. Groff indicated the Family Adventure Park approved at a prior commission meeting, would be a fabulous park for families to come and enjoy. The School House Children's Museum Plaza was not in the original plan, it was determined it would be replaced. Staff wants to make sure the park was set up for the vendors such as electrical, and water hookups. The City Hall/Library enhancements include enhanced accessibility features, fourth floor deck trellis, glass reading and meeting rooms in the library; the City Hall/Library will also have an enhanced security system. The Police Station would have 100% back up power for the entire building with enhanced security systems. Fire Station 1 will have expanded stations that would include three bays and full crew quarters. This would be a much stronger EOC with both buildings connected. Mr. Groff indicated the parking garages would not be ready when the City Hall was complete. They worked on a plan with JKM and the City has agreed to it. Mr. Groff provided a diagram with the temporary parking plan. Due to the construction market, there have been some delays. The plan is to have Ocean Avenue accessible for short- term parking. Mr. Groff wanted to address some confusion regarding the item on the agenda regarding the garage assessments. In previous meetings, staff and the private developer researched ways to accelerate the construction of the parking garage. Mr. Groff noted the owner requested to have the assessment. The assessment is based on the number of parking spaces. Mr. Groff explained the city capital costs were covered with their land sale. The assessment would be on the private property owners in Town Square. 3 Page 76 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Commissioner McCray thanked Mr. Groff for the clarification on the assessments. He was not clear on this item. Mr. Groff stated in future, he would make sure the Commission was clear on any items from his area. Commissioner Romelus inquired about the naming rights campaign. Mr. Groff responded staff are in the beginning stages of compiling information on potential donors. Lori LaVerriere, City Manager, acknowledged staff is in the early stages of making contacts with foundations and companies. Commissioner Romelus requested an update when available regarding the progress the city is making on the naming rights campaign. Mr. Groff responded staff would update the Commission. Commissioner McCray expressed staff needs to inform the citizens of the money which was given by the Friends of the Library. He stated $165,000 is not a small amount of money. Mayor Grant inquired as to the expected cost for the parking garage. He asked how much revenue would the special assessment would be. John Markey, JKM Developer, responded both garages should cost $34M. Mayor Grant understood it is very expensive to build a parking garage; the cost was about $25,000 per parking space. Mr. Markey replied this was not an accurate statement. The City was already under contract with the south building and has already paid about $600,000. The total contract is $12M, which is about $17,000 per parking space. He explained the difference between a pre-cast and a cast & place garage. Vice Mayor Katz inquired about the plan for the bond, and the anticipated start date for the south garage. Mr. Markey replied using the bond would be the last piece of the puzzle. He noted April was a conservative start date for the project. Vice Mayor Katz asked if the construction begins in April, what would be the projected completion date. Mr. Markey responded, he is expecting a Temporary Certificate of Occupancy December 2020. Vice Mayor Katz inquired as to the implication for the delay in the garage, such as the start date for the south residential project. Mr. Markey replied construction is lagging about 4 to 5 months. The garage does not need to be finished, but the pieces of precast concrete needed erection because of differential settlement between the buildings. Vice Mayor Katz asked it this would be the second quarter of 2021, going into the summer of 2021. Mr. Markey indicated he would like to see this at the end of 2020. 4 Page 77 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Commissioner McCray asked about the security of the garage. Mr. John Markey stated there would be closed circuit cameras in both garages. Commissioner Romelus asked the estimated completion date. Mr. Markey replied the Temporary Certificate of Occupancy (TCO) would be December 2020, but the full Certificate of Occupancy would be January 2021. Commissioner Romelus indicated the TCO would be December of 2020, if all goes well and nothing falls through with the bond. Mr. Markey responded the bond is not being relied on to fund the construction of the garage, he is funding the garage from a construction loan, and the bonds are a backup. E. Proclaim February 21, 2020 as International Mother Language Day. Mayor Grant proclaimed February 21, 2020 as International Mother Language Day. He explained after the British Empire left India, the newly formed Government of Pakistan declared Urdu to be the sole national language of both West Pakistan and East Pakistan. People of East Pakistan protested, since the majority of the population's mother language was Bangla. To demolish the protest, the government of Pakistan outlawed public meeting and rallies. Students, with the support of the general people, arranged massive rallies and meetings. Subsequently, millions of Bangladeshis were genocide by 1972 in the name of having the ability to speak their language, self-determination, and hold their culture. They sacrificed their lives for keeping their mother language and every nation's mother language. The Bangladeshis celebrate the International Mother Language Day on the 21St of February every year as one of their days of remembrance. They visit the Shaheed Minar, a monument built in memory of the martyrs and its replicas to express their deep sorrow, respect and gratefulness to them. Imon Karim, CEO/Founder of ABPAC, accepted the proclamation. He thanked the Commission for honoring this important day; this is a great honor. Indicated they have a festival planned at the Sara Sims Park, honoring the people who fought for it. This is a celebration of Project Dark Light. 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) Harry Woodsworth, 685 NE 15th Place, provided an update on the Inlet Communities Association (INCA) and completed projects. He noted FPL removed the old wooden electrical poles and replaced with concrete electrical poles, most recently, they have been working with the City Manager and the police department to get the blockage cleaned up on the U-Haul property located on Federal Highway. 5 Page 78 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Mark Hefferin, E2L, 209 N Searcrest Blvd, presented a check for $5,000, for the dirt the city encouraged E2L to sell. Suzanne Roth, Schoolhouse Children's Museum, announced the March 6-7 2020, Art in Bloom event. This is a fun flower show; the garden club members interpret colorful artwork from Poinciana Elementary school children. March 6th from 5-7pm, there will be receptions with light bites and these are free events. Save the Date for April 23, Too Cool for School, 6-10pm, taking place at Benevento Restaurant. This year the Schoolhouse Children's Museum are Honoring Marcy and James Young of Young Pediatric Dentistry and the Boynton Beach Garden Club. She commented on the parking announcement made earlier. She was of the understanding the construction would not begin until June 17 2020. Ms. Roth expressed June was the busiest month for the Schoolhouse Children's Museum. The Schoolhouse Children's Museum uses 60 parking spaces in the lot east of the museum. The garage has approximately 109 spaces. She requested construction of this parking area to begin before June 1. Ms. Roth expressed having survived the last year of Town Square construction, their membership is up 20% and she does not want to lose that momentum. Mr. Groff clarified the startup date has been moved up to May 1, 2020. Minister Bernard Wright, Real Talk Radio, Current Candidate for District 2, thanked the City Manager, the Commission and the Chief of Police for everything being done to bring Boynton Beach together. He thanked everyone who signed off on the Robert E. Wells Love Fest. He indicated they needed more interaction in Cherry Hill. Ralph Louis, 1054 Gateway Blvd, on behalf of the HATT foundation, indicated the City helped feed over 10,000 families. On April 4, 2020, the project Feed-A-Family event will take place where volunteers from the HATT Foundation will distribute 5,000 5-gallon buckets filled with food to 5,000 needy families and at risk children. Asked for support of the Commission before Thanksgiving. Mr. Louis stated there are 64,000 children who do not have enough to eat or do not know where their next meal is coming from. The donations support the diabetes program, free food and nutrition classes, wellness & fitness classes, a food assistance program, and Be Your Best Self—Girls Group. Vice Mayor Katz, stated Feeding South Florida has some resources to collaborate with the HATT Foundation. Requested to Mr. Louis to contact the Commission. Mayor Grant requested to donate $200 of his Community Support funds to the HATT Foundation. Susan Oyer, 140th SE 27th Way, provided some information regarding glow in the dark bicycle paths. She was concerned the cemetery has many different types of trees, which are not allowed by city code. 6 Page 79 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Piotr Blass, 113 Tara Lakes Drive, noted so many wonderful things are going on in the City of Boynton Beach. The Bengali community are a most generous people. He is a Polish Jew. Expressed in 1887, Mr. L.L. Zamenhof tried to create an international language, called Esperanto. The meaning of the name in English means "one who hopes". Mayor Grant closed Public Audience. 5. ADMINISTRATIVE A. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Alpert Jewish Family Service. Lyndora Frazier, Outreach Coordinator, Judith & Jack Rosenberg Mentoring 4 Kids Program Mentor for kids, indicated they have over 35 kids programs, Mentoring 4Kids have children from the ages of 6-14 living in single-family homes, in need of positive role models. There are kids in the Boynton Beach area schools on the waiting list. She asked for mentors. Thanked Mayor Grant for the $200 donation from his Community Support Funds. Mayor Grant indicated one of the ways in which the City helps organizations is to place information regarding the organization on the City website/Social media. This should help get mentors. Commissioner Romelus requested clarification on mentors. Ms. Frazier responded the Alpert Jewish Family Service is looking for positive mentors for the youths of Boynton Beach. Most of the mentors are mostly retired. Motion Commissioner McCray moved to approved. Vice Mayor Katz seconded the motion. The motion unanimously passed. B. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to the Peggy Adams Animal Rescue League. Rich Anderson, Executive Director of The Peggy Adams Animal Rescue League, stated Peggy Adams Animal Rescue League is the oldest adoption agency in Palm Beach County, founded in 1925. Boynton Beach is a very caring area. Shared in the last year 202 animals were adopted in Boynton, 28 animals were reunited with their owners, 833 pets received free microchips and other services, they could not do this without the support of the community. Currently 260 residents from Boynton Beach volunteer for Peggy Adams. Thanked the Commission and the City of Boynton Beach. This Saturday, February 22 is the annual Walk for the Animals event and registration starts at 9am. Page 80 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Mayor Grant stated he wanted to collaborate with Peggy Adams Animal Rescue League in the future, for next year event of dogs at the beach. Motion Commissioner McCray moved to approved. Commissioner Romelus seconded the motion. The motion unanimously passed. C. Approve the request of Commissioner McCray to distribute $1,000 of his Community Support Funds to Poinciana Elementary School for the school's Safety Patrol Program. Kathleen Depuma, Principal of Poinciana Stem Elementary School, indicated the City works very closely with the students at Poinciana. The students are working with Community Greening, and will be planting 50 trees. The students are working hard to become productive citizens of the workforce of Boynton Beach. Commissioner McCray stated when he attended Poinciana Elementary school, he was able to go to Washington DC because a donor came to his rescue. His parents could not afford to send him; it was the best experience of his life. Commissioner Romelus asked how many students this money would help. Ms. Depuma said it costs $1,000 to send one student to Washington. There are fundraisers to defray the cost. This year the students would be flying so the student could have more time in Washington. She indicated the cost was all-inclusive. Ms. Depuma explained the donation would help several students, and they would make up the rest with other fundraisers. Mayor Grant informed the Commission there was an upcoming silent auction at the school. Motion Commissioner Romelus moved to approved. Commissioner Penserga seconded the motion. The motion unanimously passed. D. Authorize travel for Commissioner Romelus to attend the Institute for Elected Municipal Officials (IEMO) III: The Leadership Challenge training in Altamonte Springs, Florida on March 6-7, 2020. Motion Vice Mayor Katz moved to approved. Commissioner McCray seconded the motion. The motion unanimously passed. 8 Page 81 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Commissioner McCray thanked Commissioner Romelus for continuing her educational endeavors. Mayor Grant requested to have a presentation from Commissioner Romelus when she returned. E. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Romelus nominated Thomas Devlin to the Senior Advisory Board (Reg), Commissioner McCray seconded the motion, which unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - January 2020 - information at the request of the City Commission. No action required. B. Proposed Resolution No. R20-016 -Approve and authorize the City Manager to sign an Interlocal Agreement with the Palm Beach County Supervisor of Elections for vote processing equipment use and election services. C. Approve an increase to Precision Air Systems, Inc. of Wellington, FL annual blanket from $34,000 to $80,000 for air conditioning repairs/services, preventative maintenance needed at various City Buildings piggybacking the Palm Beach County School District Contract #17C-17T. The Palm Beach County School Board's bid process satisfies the City's competitive bid requirements. D. Approve Phase II of Task Order U-B-03 with Avirom and Associates in the amount of $10,700 in accordance with Bid No 067-2821-16/TP for Professional Survey and Mapping Services Contract awarded by City Commission on January 17, 2017 to provide professional survey and mapping services for the platting of the Sara Sims Park. The original task order was for $31,087.50, the amended total is $41,787.50. E. Accept first quarter report on operations of the Schoolhouse Children's Museum and Learn Center for FY 19-20. 9 Page 82 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 F. Accept the written report to the Commission for purchases over $10,000 for the month of January 2020. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for February 18, 2020 - "Request for Extensions and/or Piggy-backs." H. Proposed Resolution No. R20-017 -Amend the FY 2019-2020 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Replacement Fund as it relates to the purchase of a rear load garbage truck. I. The City Commission met on February 4, 2020 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. Motion Vice Mayor Katz moved to approve the consent agenda as presented. Commissioner Romelus seconded the motion, which unanimously passed. 7. Consent Bids and Purchases over $100,000-None A. Approve the purchase of replacement vehicles as authorized in the fiscal year 2019-20 budget in the estimated amount of $321,488 by utilizing the following contracts: Florida Sheriffs Association's Contract FSA 19-VEL 27.0 and Sourcewell formerly NJPA #081716-ATC. These contracts satisfy the City's procurement requirements. B. Approve the six-month extension and budget amendment for additional funds for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 18, 2020- "Request for Extensions and/or Piggybacks." Motion Vice Mayor Katz moved to approve the agenda as presented. Commissioner McCray seconded the motion, which unanimously passed. Mayor Grant thanked the Public Works Department for purchasing two new electric vehicles. Commissioner McCray inquired about the use or lack of use of the electric vehicle assigned to the Planning Department. Zo Page 83 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Andrew Mack, Director of Public Works, responded staff are in the process of assigning these vehicles to the Community Standards Department. Mayor Grant inquired as to how many miles Community Standards drive annually. Adam Temple, Community Standards Director, replied that information was not known. Commissioner McCray asked the cost savings by using the electric vehicle versus gas. Mr. Temple replied that information was not available. Rebecca Harvey, Sustainability Coordinator, informed the Commission an electric charging station has been installed at Sara Sims Park. 8. Public Hearing A. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) Motion Mayor Grant motioned to table proposed Ordinance No. 20-002. Commissioner McCray seconded the motion which unanimously passed. B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) Motion Mayor Grant motioned to table the Master Plan Modification (MPMD 19-004). Commissioner McCray seconded the motion, which unanimously passed. C. Proposed Ordinance No. 20-004 - First Reading - Approve amendments to IPUD, Infill Planned Unit Development zoning district (CDRV 20-001) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions and Article III. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article I. Overview, Article III. Zoning Districts and 11 Page 84 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Overlays, Article IV. Use Regulations and Article V. Supplemental Regulations, to establish IPUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of residential zoning districts. Applicant: City-initiated. City Attorney Cherof read proposed Ordinance No. 20-004, on first reading by title only into the record. Amanda Bassiely, Principal Planner, indicated if approved, the city would eliminate the R-4 zoning district, which is a conventional zoning district. She indicated the City would be expanding the applicability of the IPUD's zoning district, which is a planned residential district. Provided a comparison between the IPUD's and the R-4. She explained R-4 was a conventional zoning district, which would be comparable to any of the single-family districts, it was not a planned development, nor does it have a master plan and IPUD does. The IPUD'S gives the flexibility, and the ability to do site specific plans, which R-4 does not. Currently the R-4 only allowed within the high-density residential category. IPUD is currently in the special high category, the expansion would include medium density residential. The R-4 District is within the code, but there is no land with that zoning code on it. Currently the IPUD would be available east of 1-95 and would remain unchanged. Mayor Grant asked what was the difference between land use and zoning. Ms. Bassiely explained R-4 is a zoning district. The land use is High Density Residential. Mayor Grant asked would the City still have high density residential. Ms. Bassiely stated the expansion the IPUD would now work with high density residential and the special high density residential. Mayor Grant asked for clarification of R-3 and R-4. Ms. Bassiely stated R-4 was a conventional zoning district. It has parameter set within the code. A planned district allows more flexible designing site specifically over the conventional zoning district. Mayor Grant asked the difference between the R-4 zoning and the high-density residential land use compared to an R-3. Ms. Bassiely responded R-3 goes to medium density residential. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which unanimously passed. Mayor Grant opened to public audience. Irwin Sinaus, 223 NE 12St Avenue, inquired what does this mean for the community. 12 Page 85 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Mayor Grant stated the City is removing a zoning category, which does not need to be in the LDR. Staff is expanding the use of the Infill Plan Unit Development (IPUD). Ms. Bassiely indicated it would have no effect on the community, as there is no R-4 properties on the ground. This only in the textbook of code. The only difference it would make, if a resident has property to redevelop, which may have been R-4, now the developer/owner would be able to develop with more flexibility. This zoning district does not have any land attached. Harry Woolworth, INCA, asked since it was only east of 1-95 what was left of the IPUD. He inquired what areas this actually affects. Mayor Grant requested maps at the second reading. Ms. Bassiely indicated there was not minimum land this would be infill, although it was not on the ground. The high density residential was recommended for areas in the Heart of Boynton. Clerk Gibson called the Roll. Vote 5-0 D. Proposed Resolution R20-018 - Authorize City Manager to move forward with the intent to propose a special assessment for the provision of parking garage facilities within the City. Mayor Grant read proposed Resolution No. R20-018 into the record by title only. Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion, which unanimously passed. Mayor Grant opened to public comment. Commissioner McCray inquired about the cost of the special assessment fee. Colin Groff, Assistant City Manager, replied the dollar amount has not been established. Indicated this was the first step to begin establishing the dollar amount. Vice Mayor Katz understood the assessment would be based on parking spaces utilized by each of the property owners, including hotel owner, JKM and the city that has already budgeted for the parking spaces. Mr. Groff replied yes, based on the number of parking spaces needed. 13 Page 86 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Attorney Cherof indicated this was being done because of a deadline of March 10th to get this information on the tax roll. Mayor Grant stated this would be on the tax roll of 2021. Lori LaVerriere, City Manager, indicated once the methodology is derived, it is subject to Commission approval. Mayor Grant opened to Public Comment. Susan Oyer, 140 SE 27th Way, inquired as to the actual cost to the city; how many parking spaces does the city get and is this going to be passed on to the residents? Vice Mayor Katz informed the audience the city has already paid JKM $10M for parking space, which the City would have access to in the garages, because of the project being backed by a bond. JKM must now return the $10M. The remainder of the cost would fall to the other property owners. No one would bear any cost; there are no anticipated increase of cost to the city. Ms. LaVerriere replied there are 465 parking spaces. There are 364 in the south garage and 101 in the north garage. Ms. LaVerriere noted there would be operating costs, estimated at $1 per space per year, which would be factored into the assessment. Mr. Groff noted the current agreement has JKM building the garage and the city would pay their portion of the operating expenses. JKM and the hotel would bear the remainder of the cost. As stated, the capital portion from the city has already been paid. Ms. Oyer asked if there were going to be some type of paid parking. Ms. LaVerriere stated that is up to the Commission, it was not a requirement. This would be a policy decision. Mayor Grant closed Public Comment. 9. City Manager Report A. Eleanor Krusell, Public Communications and Marketing Director, will provide a brief presentation on the City's Centennial Celebration plans. Eleanor Krusell, Public Communications and Marketing Director, provided a presentation on the City of Boynton Beach Centennial plans. She asked the Commission to nominate two residents from each district to sit on the committee. She showed the 2020 City calendar that has a postcard theme. Ms. Krusell updated the Commission on the ongoing activities of the centennial celebration plans. She noted there was a need to create a centennial committee, logo and other activities. 14 Page 87 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Commissioner McCray asked about volunteers; he wants to make sure all of Boynton Beach is represented and honored. He noted an aerial view of Boynton in the past and Boynton Beach of the present would be appropriate. Commissioner Romelus noted Ms. Krusell impresses every year with the calendar. She is anticipating several awards for the calendar this year as with last year. Vice Mayor Katz thanked Ms. Krusell and her staff for the exceptional work she does. Indicated it takes time, commitment and effort for the calendar to come together. Mayor Grant stated he was proud of the work Ms. Krusell does. Ms. Krusell asked each Commissioner to submit two residents per district. Commissioner Penserga suggested contacting Harvey Oyer who does a wonderful presentation of the history of Boynton Beach. Ms. Krusell stated he is included in her list of speakers to contact. 10. Unfinished Business-None 11. New Business A. Discussion regarding the creation of a Community Safety Task Force as it relates to our Vision Zero initiative and pedestrian safety on our streets. Mayor Grant noted he was looking at the minutes, which mentioned Community Police Units. Indicated the city residents need to become more involved with the safety of the city. Mentioned he was in Lake Worth and saw the traffic calming method, such as flashing lights and other items. They have had these complaints for decades; there have been too many deaths on the road and within the community. Vice Mayor Katz noted he fully supports a pedestrian safety task force; he wants to ensure the task force focuses on pedestrian safety or roadway safety and make sure the objectives are clear. Mayor Grant indicated this was not his understanding. He stated this was much more than just focusing on one item. The city is dealing with people on scooters, ATV's, Dirt Bikes, people with mobility issues. Dealing with the crime in the City of Boynton Beach. The Community needs to be more involved. He agrees to deal with the safety issue does not solve the issue of people losing their lives in Boynton Beach. Vice Mayor Katz stated this would not just be a pedestrian safety task force, but a citywide taskforce. 15 Page 88 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Mayor Grant indicated more people have died in the City on the roads than from homicides. Staff needs to work with the County and State to deal with the road fatality. Vice Mayor Katz said he fully supports a pedestrian safety task force. He does not believe the scope should be so broad, such as if someone committing a shooting; this would not be a pedestrian safety issue. Vice Mayor Katz indicated that this is confusing. He would support roadway safety. Commissioner Romelus echoed the sentiment; perhaps the taskforce should tackle one issue at a time, such as implement a pedestrian safe street program. Commissioner Penserga asked how this plays out in the future. Inquired if there would be a staff liaison. Mayor Grant stated this would deal with the city roads, and what can be done to make the city safer. The Commission needs someone informing them of accidents around the city. What can the city do to make the streets safer? He provided an example of driving in the city with calming devices. They can begin with road safety, but he does not want to limit it to pedestrians. Commissioner McCray believed this was too broad. This Commission needs to take small steps. Vice Mayor Katz asked what was required with the Vision Zero plan as it relates to the task force. Rebecca Harvey, Sustainability Coordinator, indicated there are a list of core elements and recommendations. The next step would be to have meetings with members of the community, staff and include law enforcement. Commissioner McCray stated it is discouraging when the community asks for input and then staff does not follow through on the suggestions. Mayor Grant stated the citizens have spoken and the Commission needs to listen. They can be the eyes for the Commission. This is something he believes the City of Boynton Beach needs. Commissioner McCray stated the residents have provided input and been ignored. The City does not follow through. Mayor Grant asked for community involvement to make sure the City streets are safer. Mayor Grant provided some examples such as lighted stop signs to deter speeders. This is something the community task force would do, and inform the Commission when the lights are out. If staff does not ask the community, they will not participate. 16 Page 89 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 Vice Mayor Katz requested examples of other cities, which has implemented, discussed or recommended Vision Zero. He would like to be in line with other cities. Ms. Harvey stated she would get the information to the Commission. Vice Mayor Katz stated pending further input, the city needed to get information from other municipalities and see what the best practices are regarding Vision Zero. Commissioner McCray stated additional information is needed to move forward. Ms. LaVerriere noted this should be brought back with additional information on Vision Zero. B. Commissioner McCray has requested that the Commission discuss the City's fees for special events. Commissioner McCray indicated information provided was taken out of context. Thanked staff for providing information. He was concerned with what was going on at Sara Sims Park. He found out Boynton Strong is charging the food vendors to offset the cost of the $300 assessment. He does not want to move forward because he had misinformation. Vice Mayor Katz supported Commissioner McCray. He does not have an issue looking at the special event permitting process and the requirements. Indicated there was a paramount need to balance security and safety of the park participants and the surrounding neighborhood. He was not opposed to looking at what other communities are doing. He wants to have a standard for all parks. The police department has autonomy to determine which event would require security, because of the scope and size of the event. He trusts the Police department to know what type of security would be required. He was concerned the Commission was getting in the weeds of the permitting process. There is discussion regarding security; the police department should take the lead. This was not an administrative issue. Mayor Grant announced he attended the Boynton Strong event this past Wednesday. He noted this was a great event and added there should be security at all parks. He wanted to make sure that all who use the park are safe. Encouraged Boynton Strong to become a non-profit so that they can accept donations so they can grow as an organization for the benefit of the community. 12. Legal A. Proposed Ordinance No. 20-003 - Second Reading -Approve proposed amendments to Chapter 18, Article IV, Pensions for Firefighters; amending Sections 18-180 and 18-182; creating Section 18-194; and renumbering Section 18-222 as Section 18-194. 17 Page 90 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 City Attorney Cherof read proposed Ordinance No. 20-003 into the record on second reading, by title only. He explained the ordinance was to accept modifications to the Firefighters' Pension Plan as agreed during negotiations of the IAFF Collective Bargaining Agreement, change the effective date of the one and a half percent (1 .5%) increase to the maximum benefit cap to begin on October 1, 2020 rather than on October 1, 2023, align the death benefit with the accrued benefit, implement the cancer presumption established by Florida State Statute, Section 112.1816, provide uniform DROP benefit to firefighters on or after January 21, 2020 and Renumber Section 18-222 as Section 180194 to govern DROP benefits for grandfathered members. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion, which unanimously passed. Mayor Grant opened for public comment. Mayor Grant closed public comment. Clerk Gibson called the Roll. Vote 5-0 13. Future Agenda Items A. Discuss Local Septic Tank Inspection Program - March 18, 2020. B. Discuss purchase and sale agreement for Nichols property - March 18, 2020. C. Quarterly update about the City's Census Marketing Efforts over the past quarter. - March 18, 2020. D. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits - March 18, 2020. 14. Adjournment Motion There being no further business to discuss, Vice Mayor Katz made a motion to adjourn. Commissioner Romelus seconded the motion. The meeting adjourned at 7:31 p.m. (Continued on next page) 18 Page 91 of 279 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner— Mack McCray Commissioner— Christina Romelus Commissioner— Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 19 Page 92 of 279 8.A. PUBLIC HEARING 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proposed Ordinance No. 20-002 - Second Reading -Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the FLUM amendment that changed the classification from DRI to Mixed Use Low(MXL). In a follow-up to this city-initiated action, the applicant submitted a request for rezoning of the mall from the current C-3 Community Commercial district to the SMU, Suburban Mixed Use district. It should be noted that the SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. The Pine Preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, is not included in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational (REC) zoning. It is, however, a part of the Master Plan for the Mall, submitted concurrently with the rezoning application. The Planning & Development Board reviewed this request at its December 9th meeting and recommended it for approval. How will this affect city programs or services? No significant impact on either programs or services Fiscal Impact: None at this time, but the future redevelopment of the Mall will contribute to the City's tax base. Alternatives: None recommended Strategic Plan: Page 93 of 279 Strategic Plan Application: The subject item is located within an area subject to a planning study identified to be completed under Strategic Plan Project 2.6.1. Subject application represents a key component within the future Congress Avenue Corridor (Mall) District. Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Boynton Mall Rezoning D Staff Report Staff report D Location Map E HIBITAI. BB MALL Ownership D Location Map E HIBITA2. BB KAALLAerial D Location Map EXHIBIT B. BB MALL Current FLU D Location Map EXHIBIT C. BB MALL Current Zoning D Location Map EXHIBIT D. BB MALL Proposed Zoning Page 94 of 279 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 7 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the property owner has made application to rezone land, said land being 13 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 14 MIXED USE(SMU); and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from 25 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 28 29 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 30 COUNTY OF PALM BEACH,FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 31 32 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 33 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 34 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 35 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 36 DISTANCE OF 1898.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 37 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 38 DESCRIPTION: THENCE S.88°05'26"W., A DISTANCE OF 846.73 FEET TO A POINT; 39 THENCE S.43032'54"W.,A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0059'39"E., 40 A DISTANCE OF 258.27 FEET TO A POINT;THENCE S16°46'44"E.,A DISTANCE OF 199.60 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 95 of 279 41 FEET TO A POINT, THENCE S.0°59'39"E., A DISTANCE OF 102.20 FEET TO A POINT; 42 THENCE S.44046'34"E, A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY 43 LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE 44 N.89046'34"W.,ALONG SAID NORTHERLY LINE,A DISTANCE OF 1684.28 FEET TO THE 45 POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE 46 N.0°51'51"W.,ALONG SAID EASTERLY LINE,A DISTANCE OF 1228.05 FEET TO A POINT; 47 THENCE S.87058'2I"W.,A DISTANCE OF 20.01 FEET TO A POINT;THENCE N.0°51'51"W., 48 A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87058'21'E.,A DISTANCE OF 55.65 49 FEET TO A POINT; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET TO A POINT; 50 THENCE N.0053'26"W.,A DISTANCE OF 362.94 FEET TO A POINT;THENCE N.32013'52"E., 51 A DISTANCE OF 315.12 FEET TO A POINT;THENCE N.000 1'27"E.,A DISTANCE OF 244.69 52 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON CANAL; 53 THENCE N.88005'26"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 54 1801.04 FEET TO A POINT; THENCE S.0059'39"E, A DISTANCE OF 472.86 FEET TO A 55 POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 56 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID 57 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.46027'06'W., A 58 DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 59 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; 60 THENCE N.88005'26"E.,A DISTANCE OF 430.00 FEET TO A POINT;THENCE N.43032'54"E., 61 A DISTANCE OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS 62 AVENUE;THENCE S.0059'39"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 170.01 63 FEET TO A POINT; THENCE N.46027'06"W., A DISTANCE OF 56.11 FEET TO A POINT; 64 THENCE S.88005'26"W.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE S.0059'39"E., 65 A DISTANCE OF 230.00 FEET TO A POINT;THENCE N.88005'26"E.,A DISTANCE OF 340.00 66 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 150.00 FEET TO A POINT; 67 THENCE S.88005'26"W,A DISTANCE OF 340.00 FEET TO A POINT;THENCE S.0059'3911E., 68 A DISTANCE OF 229.99 FEET TO A POINT;THENCE N.8800512611E.,A DISTANCE OF 608.00 69 FEET TO A POINT; THENCE N.4303215411E, A DISTANCE OF 57.02 FEET TO A POINT ON 70 THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.005913911E, ALONG SAID 71 WESTERLY LINE,A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE 72 OF BEGINNING. 73 74 CONTAINING 4,796,896 SQUARE FEET, 110.121 ACRES,MORE OR LESS. 75 SUBJECT TO EASEMENTS,RESERVATIONS,AND/OR RIGHTS-OF-WAY OF RECORD. 76 77 78 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 79 accordingly. 80 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 81 Section 5. Should any section or provision of this Ordinance or any portion thereof be 82 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 83 remainder of this Ordinance. 84 Section 6. This ordinance shall become effective immediately upon passage. 85 FIRST READING this day of 2020. S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 96 of 279 86 SECOND, FINAL READING and PASSAGE this day of , 2020. 87 CITY OF BOYNTON BEACH, FLORIDA 88 YES NO 89 90 Mayor— Steven B. Grant 91 92 Vice Mayor—Justin Katz 93 94 Commissioner—Mack McCray 95 96 Commissioner—Christina L. Romelus 97 98 Commissioner—Ty Penserga 99 100 VOTE 101 ATTEST: 102 103 104 105 106 Crystal Gibson, MMC 107 City Clerk 108 109 110 111 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 97 of 279 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: November 25, 2019 PROJECT: Boynton Beach Mall Rezoning (REZN 19-001) REQUEST: Approve Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, Land Planner, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Future Land Use Mixed Use Low (MXL) (Exhibit "B") Current Zoning: C-3, Community Commercial (Exhibit "C") Proposed Zoning SMU, Suburban Mixed Use (Exhibit "D") Acreage: +/- 108.30 acres Page 98 of 279 Page 2 Boynton Beach Mall REZN 19-001 Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south,Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. THE SITE The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The mall currently includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. 2 Page 99 of 279 Page 3 Boynton Beach Mall REZN 19-001 BACKGROUND AND REQUEST The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the city-initiated FLUM amendment that changed the classification from DRI to Mixed Use Low (MXL). The action—undertaken in preparation for redevelopment of the Mall— did not include rezoning, expected to be applied for by a developer at a later date, concurrently with a master plan for the entire site. The pine preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, was not the included in the subject amendment. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational zoning (REC). The applicant submitted a request for rezoning from the current C-3 Community Commercial district to a SMU, Suburban Mixed Use district, and a five-phase Master Plan, which will guide redevelopment of the Mall. The Master Plan proposes a mix of uses including: • A maximum of 1,420 multi-family residential dwelling units; • A maximum of 400 hotel rooms; • Approximately 1,024,000 square feet of non-residential uses, comprising roughly: ■ 629,000 square feet of shopping center uses, ■ 123,000 square feet of existing Church use, ■ 20,000 square feet of fitness center use, ■ 10,000 square feet of restaurant use, ■ 65,000 square feet of general office, ■ 65,000 square feet of medical office, ■ 80,000 square foot existing theatre with 3,650 seats, and ■ 23.3 acres of Open Space Note that the Master Plan does include the approximately 7.4 acre Pine Preserve, although the latter is not a subject of rezoning. For more information on the Master Plan, see the corresponding staff report. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. It should be noted that the requested zoning district of SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. For that reason, the responses to the criteria below will parallel—when appropriate— those provided for the review of the earlier future land use amendment for the site. 3 Page 100 of 279 Page 4 Boynton Beach Mall REZN 19-001 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. Criterion as intended is not applicable. The current C-3 zoning of the Mall is inconsistent with its new MXL future land use designation. As stated above, the SMU is the only zoning option for the MXL-classified site. 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. Consistency with the Comprehensive Plan was addressed in the staff's review of the future land use amendment to the MXL classification. To reiterate, the MXL classification and thus the proposed rezoning of the site to SMU, its only corresponding zoning district, is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d 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 and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote 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. For the analysis of the consistency of the Master Plan with the LDRs, see the corresponding sfaff report. 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 4 Page 101 of 279 Page 5 Boynton Beach Mall REZN 19-001 and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. As argued in staff's review for the FLUM amendment, the now approved MXL future land use is not contrary to the established land use pattern, nor did it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses consisting of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the MXL and the proposed SMU zoning district can hardly be considered "isolated"; moreover, the MXL and SMU designations extend over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL and its attendant SMU district will very likely be recommended for other areas of the Congress Avenue Corridor District—for example, MXL will eventually replace the DRI classification of Renaissance Commons, which already carries SMU 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) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed SMU zoning district is intended to support a large mixed use project with uses complementary to those within the project as well as those in the surrounding areas. Interconnectivity is one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. For more information of the sustainability features proposed for the Master Plan, see the corresponding staff report. 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. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. 5 Page 102 of 279 Page 6 Boynton Beach Mall REZN 19-001 Trak. The traffic study has been submitted to the Palm Beach County Traffic Division. As underlined in the staff report for the Mall's FLUM amendment, the traffic impacts associated with the redevelopment of the propoperty are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. Gross Leasable Area (GLA). Traffic generation associated with the uses proposed by the Master Plan was subject to the equivalency analysis. Schools. The School Capacity Availability Determination application has been submitted. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (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. The response to criterion "f' parallels the response provided in review for the FLUM amendment: the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties. See response to criterion "c." The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (The incoming site plans will implement the Master Plan's measures aimed at mitigating potential negative impacts of the development on the single-family neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the east side of Congress Avenue to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(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, 6 Page 103 of 279 Page 7 Boynton Beach Mall REZN 19-001 (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 affirmed in the staff's review of the FLUM amendment, redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested rezoning meets criterion "g(1)". The ensuing project has also a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. (Between 2016 and 2017, the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168.) • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "g5", and "g7"); • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. 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) 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 FLUM amendment and the proposed rezoning of the Mall can potentially reduce the amount of land available for commercial development since the MXL and SMU encourage a mix of residential and commercial uses. Inclusion of residential uses supports the "live, 7 Page 104 of 279 Page 8 Boynton Beach Mall REZN 19-001 work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." 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. Not applicable- the proposed rezoning follows the approved FLUM amendment. 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 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. For the analysis of the Master Plan compliance with LDRs, see the corresponding staff report (MPMD 19-004). CONCLUSION/RECOMMENDATION The request under consideration consitutes the follow up to the city-initiated reclassification of the Mall to the Future Land Use of Mixed Use Low (MXL), approved on April 16, 2019. Given that the SMU district is the sole zoning district corresponding to the MXL classification in the subject location, staff recommends approval of the proposed rezoning. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\REZN 19-001 BB Mall Rezoning\BB Mall Rezoning REZN 19-001.docx g Page 105 of 279 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S Owners other than Boynton Mall LLC 062.5125 250 375 500 �®t EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t �� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 Epgt EXHIBIT B BOYNTON BEACH MALL FLU SCLASSIFICATION 1 NO NEW t{ I t , � t z• , p �1 Mixed Use Low (MXL) rif / IIIIIIIIIIIII� t_ J \ tt. f 1 � � f r +jy E G >{ Y 4 t � I S5 4 , 1 r t } li! f_ jj( 4 tt LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) WE _,`, ` LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) Elp9t EXHIBIT C BOYNTON BEACH MALL CURRENT ZONING l4 h — �r ,il yt51 ill�ttl{}ts r7s\\} lli tiVl- ` i r+t -.tlt+ ,„ a itt {ts� } 4gi jt irlt 4}!Ar ry}tI rstt rAtt f(4 4:JiJly t`7t £J_t ritS�{ l�r s 1A� v� i !¢ t �,,Yrrr r1 rltit 4 " 4 � , 14 ,'! -. t l 'tt A:u{y;i 7+i„+yil4r,i+li:r i i h}_,,,;r�t�,t.,}Ilmt I£t+rsri{1)r„;�i}s r rr)i 1t��t r r t+it t s:�t)5}( ,+}ly�\ `\\it;slit i+7,r{{ \/1(4s4✓it}!(ii sr It+\r{I s{ili�'l,S,t, ty, s„} tiit} ,,j ISJt)I itll,l t i\) lr s1}Sir{yj rti t Irti 75( .(£ f t f`t(£,( 4s r __ti}v #r.) j S } P Jt 1t+r }tt,44,,,f 1 tt Ia7J't r t J t' t'\Stl\{tU7itl f r\tvt \ {�\ Jp+firs tV t tt4GiJ!v\}1t I It SI`!1,{t+{klt �s i4t I 77rt ISh+k VI r o +t la1 rbll£t t vrt`t),4} a£i VriY dt' tt l ti tit fi. 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ISI t t tlgr f i tri S4 + till jt} sl t ! tt Jl+ill t t r ri rltlj 11117+tt1 Jy'tlt;(t }lb4)51JarU\h1S\6r1S13x1}\h1S\h1S\h1S\titU\h1S\h1S\h1S\brb\h1S\h1S\h1S\dr1SSh1S\h1S\h1S\drit�its tY,rYu rd;,tYu Au ath u-� 9 {u1�{Iu"�t t„'life,t{}fl},3,ti t}' ttA,ttu sdA�t} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N a ,t ,;l,kr,tt'y C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640��t REC Recreation EXHIBIT D BOYNTON BEACH MALL PROPOSED ZONING �r irr rrr i4} rf}'j r4}(ry rt r' Alyt \1i } }� 4 rl �u. r£,lrr ir)rr lrlrlrS £!�'� r,,1 (i it Irr Y�pirrrit�r ,lr t — (i, ilr�, �rsrf�tlrrrr err rirtri}1141+�� ;� i �' fS})t rrr. f rrr tri Irr t , 'tr 1C �f�ilir�fi�r iir��i�«r v}�) jSr �� s rrr if t t -t ifl} _ ttf s i c Iq tit r} � }�lrrr Si 1 m PROPOSED ZONING: SMU rrr SUBURBAN MIXED USE yy 1 r4r rir 1 y(�I 1jI rf lrfrrr� r}� �1�f rr ��s } t - {{„ r rrrt rr rt liI r rrrr}i- rrr 1� t i riui ,r, }}v;li('IlislirS� t? 1rr,(rrltru}`u, iyi,rr` £� 1£r �rtTr'��y � l} It � It rtl �itrt� ul-r tr51(tt �r}}k1}t 1�),:'. r sr ��}f�Ai}�a rt Ut liv iltrr ri it t j tf r�i�f ?, 1 1 rrtf rf��rl , r Grir}ii �111t> ��:{rl t f}1R£x- } 1 It ti 1 rrr � � t 1f1 Ir hl- t r 111 t rSr a�� r y 1st(r!/rr z vOt�i i� 1 Ir rl�l� rii 11 r�{ rl r rrrr� I}r t� r� r t � y tYr X14 rr. f1A r4Ul r I. r t sr i i rrtr�ii rrtsr} 1 t�rs��rr ilrtnitl 'tlSt iS t{y i } rf1�r1 11 trt}f i11�1 �} fij>> yy4}r I�r(fr 1 r y�rtrt S 1 1}str{rr} �i � if} r� N/r i 1r �l r 1 i t r r ;rf.it � 1 i r r1 S�rtr £4}Ir{ r \ttl ryr t( lr ltjr�r,tr 7Srtrf ftifl trt 11 Gr i �; r11 1tr r 1 -U r r r1 r 2 r r s frtf 1 1 r� ( �� r -r irrr It U 4> r£ f rpt rK }r rr) It ttl}� rr 1 S(, r 4t}>yr rl r r�£ t r��l1 -S It{Ilr ": t 11 �rrl } i,irr ir'} rttyl� rrf�71� 5 i+i}}�} V �it lirf li £�atst� ilsr�itrl r{f}r(t�'ri1 t�rs`r r r 4 f i {}tt r r rrr s rr rr yl�r.lrrflr7 } 11 1 t i O 't t r s_ r i\ t t if£ {t� 7 } r (> rr r r Jr 4 11+1. 1 tlrl s 7 � rt (r rri Yi}71r Il �sl} y t - t i r y }}r14� r 114 ii 4r�1rr{i rJ}£ i s r 11 `t;rrr rry } li4+fr rlr}r }rrf 'blit ri fr)lit f I r lfsi rr r�IJ��trilir yf i„`. r„rr I SiA r rr 11 r4r4Sr is u, V rr}r,l r rirr (s {S c r r r trA ( r it t r rrf rr 4-riq}rl i frf�r �� 11', f ti Ilt\r(. f\y'tr n- r (�1,1+ r r S r rrif� r irri jr} ri t ! tr J�rrll t r r, ri rltlj ; �7�4)r�ur$\h11\dr11t3r11\h11\h11\h11\dti11\h11\h11\h11\drb\h11\h11\h11\dr11Sh11\h11\h11\drit�ris tt,,r7,,,rd;,¢r,,,r7,,,t rt,u-� � �uffr,,�� r„�lr}s,t{�+i},�,�i r�' rt,,,r7,,,�d,,it} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N rr „1ofr,'�trr C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640��t REC Recreation 8.B. PUBLIC HEARING 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approval of the Master Plan Modification (MPMD 19-004)for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the March 18, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which permitted 1,108,000 square feet of gross leasable retail space. The mall has had several modifications to the site since 1982. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of"live, work and play" on the same site. The applicant is requesting approval to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail/ Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: • Reduce the existing Mall building square footage dedicated to Retail/ Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail/ Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail/ Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. Page 111 of 279 • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet(7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - 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. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: The subject property is located within, and would be a significant component to the Congress Avenue (Mall) District Plan. This is one of 4 city-wide district plans to potentially be completed as Strategic Plan projects. Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit A-1: Ownership Map D Location Map Exhibit A-2: Location Map D Letter Exhibit B: Justification Statement D Drawings Exhibit C: Project Plans D Conditions of Approval Exhibit D: Conditions of Approval D Development Order Development Order Page 112 of 279 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-034 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely Principal Planner DATE: December 3, 2019 PROJECT NAME/NO: Boynton Beach Mall (MPMD 19-004) REQUEST: Master Plan Modification for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. PROJECT DESCRIPTION Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (see Exhibit "A") Existing Land Use: Mixed Use Low (MXL) Proposed Land Use: No change proposed Existing Zoning: Community Commercial (C-3) Proposed Zoning: Suburban Mixed Use (SMU) Proposed Use: Master Plan Modification of the Boynton Beach Mall, transforming the enclosed mall space and out-buildings to a mixed use type of development encompassing retail space, office space, residential units, restaurants and entertainment uses, within several buildings Page 113 of 279 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 2 on the site. The application for Master Plan modification proposes a maximum of 1,420 residential units, 400 hotel rooms, and 1,024,000 square of non-residential uses, comprised approximately of 629,000 square feet of retail space, 123,000 of existing church use, 20,000 square feet of existing fitness center use, 80,000 square feet of existing movie theater use, 10,000 square feet of restaurant use, 65,000 square feet of medical office use , and 65,000 square feet of general office use. Also included is approximately 23 acres of open space, including approximately 7.3 acres of existing pine preserve. Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of-way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L-23 Canal right-of-way and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which Page 114 of 279 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 3 permitted 1,108,000 square feet of gross leasable retail space. In 1989, the Master Plan was amended to allow for an increase in gross leasable retail space from 1,108,000 to 1,244,449 square feet to accommodate the addition of the Sears store. In 2005, the Master Plan was amendmended to provide for a conversion of 169,510 square feet of the existing retail space (through the demoliton of the Macy's store, which relocated to the former Burdines' space on the south end of the Mall) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space. As a result, the overall square footage was reduced from 1,244,449 square feet to 1,154,439. In 2012, the Development of Regional Impact (DRI) development order expired. That same year, Christ Fellowship Church purchased one of the two Dillard's sites and began renovations to accommodate church services. In 2014, the Simon Property Group, the Mall's owner, spun off their lower-tier mall assets around the country, including the Boynton Beach property, to an entity known as the Washington Prime Group. Also in 2014, Texas Roadhouse Restaurant, a 7,420 square foot standalone restaurant building, was approved adjacent to the main Mall entrance drive off of Old Boynton Road. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of "live, work and play" on the same site. As these discussions were taking place, Washington Prime was then faced with the loss of the Sears anchor store, as a result of corporate closures around the country. Staff worked with Mall ownership to suggest a Land Use change to Mixed Use Low to foster the type of development envisioned for the site, and encouraged Washington Prime to begin working on a Master Plan that would not only stabilize it, but make it a desireable destination once again. The City Commission approved the Land Use change to Mixed Use earlier this year, after review by the State's Department of Economic Opportunity (DEO). Now that the new Land Use designation is in place, Washington Prime has brought forward a request to rezone the property to Suburban Mixed Use (SMU), along with the requisite Master Plan. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail / Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: Page 115 of 279 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 4 • Reduce the existing Mall building square footage dedicated to Retail / Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail / Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail / Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). • Phase 1: The northern portion of the site where the Sears buildings and parking lots will be removed. This phase is intend to be developed with a maximum of 400 dwelling units, with a maximum building height of 55 feet. • Phase 2: The portion of the site immediately south of Phase 1 and located between the northern end of the remainder of the mall, including Christ Fellowship Church and Cinemark Movie Theater. The mixed use building(s) would be constructed between the church and the theater, with residential units constructed above the new retail space, with a maximum height of 75 feet. • Phase 3: This portion of the site encompasses the southwest quadrant, south of Christ Fellowship Church and also includes the Pine Preserve Area along the northwest perimeter of the property. This phase is intended to be developed with a maximum of 300 dwelling units, with a maximum height of 55 feet, the Fire Substation, a restaurant outparcel, and approximately 3 acres of open space / park area. • Phase 4: This portion of the site is immediately south of Phase 2 and east of the JC Penney Department Store. This phase is intended to include two more mixed use structures with residential units constructed above the new retail space, with a maximum height of of 55 feet in one building and 75 feet in the other. This phase also includes a proposed 200 room hotel and approximately 2 acres of open space, as well as the "Mainstreet" infrastructure improvements. • Phase 5: The final portion of the site is the remainder of the south section of the mall site, fronting Old Boynton Road, and includes another mixed use structure with residential units constructed above the new retail space, another 200 room hotel, and the remainder of the commercial / restaurant outparcels to line Old Boynton Road, with a maximum height of 55 feet. • The proposed office uses could be constructed in any of the Mixed Use phases. Page 116 of 279 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 5 For comparison purposes, the Boynton Village & Town Center site to the east of the Mall, across Congress Avenue, is zoned a combination of SMU (Suburban Mixed Use), like that being proposed for the Mall site, and C-3 (Community Commercial). The site is 89.3 acres in size, compared to the 116.3 acre Mall site. Boynton Village & Town Center is approved for 1,115 dwelling units, resulting in a density of 12.5 dwelling units per acre, which is comparable to the 12.9 dwelling units per acre proposed by the Mall Master Plan submittal for 1,420 dwelling units. The Boynton Village & Town Center project was developed more in the style of horizontal mixed use, while the Master Plan for the Mall envisions more vertical mixed use for much of the new construction, especially at the center of the site, bordering the proposed "Mainstreet". "Mainstreet" acts as the direct vehicular connection from Congress Avenue to the site and includes an expanded amenity area along proposed buildings, street trees, and parallel parking. Pedestrian connectivity is proposed throughout the site and designed to link the site to both Congress Avenue and Old Boynton Road. Pedestrian paths are also proposed to allow access to and through the Pine Preserve. The building heights proposed are in compliance with the SMU zoning regulations and comparable to those constructed within the Boynton Village & Town Center project and Renaissance Commons development to the east, across Congress Avenue. Relative to the traffic circulation and vehicular trip generation associated with the proposed Master Plan design, two (2) new Mall entrances are proposed along the Old Boynton Road side of the property to better align with the proposed internal circulation pattern, while the westernmost existing driveway on Old Boynton Road will be eliminated. The applicant has submitted a traffic study for both County and City staff review. At time of preparation of this staff report, a traffic approval letter had not yet been received from the County. As such, the proposed development will be subject to any conditions contained in that letter. The traffic study submitted by the applicant indicates that, with the reduction in the amount of retail space, the overall daily traffic associated with the redevelopment of the Mall would decrease by 2,067 vehicular trips, from the existing 32,047 trips to 29,908. The AM Peak Hour vehicular trips however would increase from the current 945 trips to 1,414, an additional 469 trips, principally resulting from the addition of residential units to the site. The PM Peak Hour vehicular trips are projected to decrease by 611, from 2,977 trips to 2,366. The maximum square footage allowances depicted for the individual use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. The applicant, in their justification statement, notes that the rise of online shopping has drastically reduced the demand for in-store shopping and that "over a third of the mall's storefronts are vacant'. As noted previously, staff acknowledged the decline of many enclosed malls around the country and began a dialogue with Mall ownership to discuss the best methods to revitalize and redevelop the property. It was determined that the use of the City's mixed use zoning and regulations would likely bring the best results, as demonstrated by the successes that occurred with the Boynton Village & Town Center and Renaissance Commons projects. The applicant goes on further to say "Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City". Staff agrees that large scale mixed use developments, like the one proposed, reduce the number of vehicular trips needing to leave the site and encourages walking / biking from the place of residence to shopping, eating, entertainment, and recreation, thus reducing the carbon footprint associated with the site from vehicle emmissions. Page 117 of 279 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 6 RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\Staff Report MPMD 19- 004.doc Page 118 of 279 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S Owners other than Boynton Mall LLC 062.5125 250 375 500 �®t EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t �� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 Epgt DUNAY Gary Dunay Ete Zachariade<s Bennie MiskeL Matthew H.Scott F Scutt Backman Christina Bite fnki 00000 Hope CaLhOUn Lauren G.Odom BACKMANLLP Dwayne Dickerson Zach Davits Walker Boynton Beach Mall Statement of Use and Justification for Rezoning and Master Plan SUBMITTED: November 19,2019 Boynton Beach Mall, LLC, Regional Enterprises, LLC, Christ Fellowship Church, Inc., Istar Florida 2015 Cinemas, LLC, and Macy's Florida Stores, LLC, (collectively referred to herein as "Petitioner"), own the+/- 116.35 acre Boynton Beach Mall ("Property'), which is generally located at the intersection of North Congress Avenue and Old Boynton Road within the City of Boynton Beach, Florida ("City").The Property is comprised of nine (9) parcels, identified by parcel control numbers 08-43-45-19-05-015-0010, 08-43- 45-19-05-017-0020, 08-43-45-19-05-018-0010, 08-43-45-19-05-015-0011, 08-43-45-19-00-000-1090, 08- 43-45-19-05-028-0010, 08-43-45-19-00-000-3020, 08-43-45-19-05-021-0010 and 08-43-45-19-05-034- 0010. A +/- 110.12 acre portion of the Property is developed for use as the Boynton Beach Mall ("Mall Property") and the remaining+/-6.23 acres is set aside for preservation of the existing pine forest ("Pine Preserve"). The Mall Property is designated MXL, Mixed Use Low, on the City's Future Land Use Map ("FLUM") and the Pine Preserve is designated R, Recreational, on the City's FLUM. The Mall Property is located within the City's C-3, Community Commercial, zoning district and the Pine Preserve is located within the City's REC, Recreation, zoning district.The Mall Property and Pine Preserve are identified in the aerial image below: S 17 MAP LEGEND Mall Property � Pique Preserve N 14 S.E,4th Street,Suite 36, Boca Raton, FF 33437 Fel: [561)405-3300 Fax:t5611 409-3341 wwwAr-nioblaw,corn Page 121 of 279 The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial/mixed use development located across North Congress Avenue to the east. The properties located to the northeast and south of the Property are also developed for commercial use,while the properties located to the west and northwest of the Property are developed as single family homes. DEMONSTRATION OF NEED Boynton Beach, a town of approximately 74,000 people, is a strong middle and upper income area with suburban growth areas to the west.The area's affluence is reflected in the existence of more than a dozen country clubs located within five (5) miles of the Property. The current use of the Property as an aging mall is in steady decline as it no longer meets the needs of the community and is slowly becoming a source of blight in the City. Two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities -a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. Redevelopment of the Property will revitalize a persistently declining center and allow the City to better meet the community's needs by satisfying demand for housing by providing high-quality compact housing opportunities and introducing a vibrant lifestyle center to the area for current and future residents to enjoy. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including +/- 1,034,745 of retail use, +/-7,600 square feet of restaurant use, +/-20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/-80,000 square foot theatre with 3,650 seats.The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years.The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping. This is evidenced in a significant decline in tenancy in recent years, with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2% and 2.5% during this period (Census Bureau's Population Estimates). The City has recognized that the Mall Property's current C-3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Page 2 of 9 Page 122 of 279 DEVELOPMENT PROPOSAL AND REQUEST In accordance with the City's vision for the Property, Petitioner proposes to redevelop the Property as a mixed-use development with residential and commercial use components ("Project") to meet the increased demand for compact, walkable communities and higher density living opportunities. Specifically, Petitioner seeks to reinvent the Property as a vibrant, mixed-use"live-work-play' community with ample amenities, a variety of active and passive open spaces distributed throughout, retail, dining, church, and entertainment offerings. In order to create a vibrant community, Petitioner respectfully requests approval for the following requests: Rezoning of the Mall Property from the C-3 zoning district to the SMU,Suburban Mixed Use,zoning district consistent with the Mall Property's MXL future land use designation ("Rezoning"),and Master Plan Approval for the Property to allow a mix of uses including a maximum of 1,420 multi-family residential dwelling units, a maximum of 400 hotel rooms, +/- 628,627 square feet of shopping center uses (including +/- 482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use,+/- 19,883 square feet of fitness center use,+/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/- 65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space,and+/-23.27 acres of Open Space ("Master Plan"). Although the +/- 7.359 acre Pine Preserve is not included in the Rezoning request, the area is included within the Master Plan and is proposed to be made accessible for passive recreational opportunities in Phase 2 of the Project. DENSITY AND INTENSITY The Project includes development of a maximum of 1,420 multi-family residential dwelling units on +/- 110.12 acres for an overall density of approximately 13 dwelling units per acre. In addition, the Master Plan is designed to provide for a maximum of 400 hotel rooms,+/-628,627 square feet of shopping center uses (including +/-482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use, +/- 19,883 square feet of fitness center use, +/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/-65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space, and +/-23.27 acres of Open Space. VEHICULAR AND PEDESTRIAN CONNECTIVITY The existing development includes a sea of parking with a striking lack of pedestrian connectivity, landscaping, and active recreation areas that speaks to the age and outdated nature of the current development. The Project is designed to create a vibrant mixed-use environment with walkability as a core principle and features a pedestrian circulation network providing safe, efficient, and enjoyable pedestrian connections throughout the entire Property.The Project's design offers residents and visitors ample active and passive open spaces and continuous pedestrian access to the cultural and shopping amenities. The proposed Main Street axis and east-west pedestrian circulation system will offer greater Page 3 of 9 Page 123 of 279 connectivity and a walkable environment for the Project's residents and visitors alike, while at the same time maintaining the sense of privacy and security for the residents in the multi-family components of the Project that is necessary for a high quality of life. The Project proposes gateways to the community through the existing North Congress Avenue entries, which will provide a strong sense of place. In addition, the proposed Main Street section provides for ample pedestrian access, bicycle infrastructure, and pedestrian landscape features. Provision of east-west pedestrian connections in each north-south quadrant of the Mall Property will promote placemaking within the central Main Street area by providing for linear parks and offering users active open green space throughout community. In addition, the northern access pedestrian circulation plan along the multi-family residences provide a more urban yet park-like setting with the provision of an amenity area including a street tree area, wide sidewalks, and active use area that significantly exceeds the code requirements for an SMU development. In all, the Project provides proximity to amenities and services, as well as creating a needed sense of a vibrant, diverse community that offers a space for the area's diverse demographics to come together. BUILDING MASSING AND HEIGHT The Project is designed in compliance with the City's SMU zoning regulations and provides a maximum building height of 55 feet for the stand-alone residential and commercial components and a maximum building height of 75 feet for the proposed vertically integrated buildings. PHASING The Project proposes development in five (5) phases with development occurring first in the northern portion of the Property as is shown on Sheet MP-5. Phase 1 is located in the northernmost portion of the Property and comprises a multi-family residential component and northern access from Congress Avenue. This phase is anticipated to be developed within the next 24 to 36 months. Phase 2 includes the vertically integrated mixed uses surrounding the existing Theatre and central driveway connection to Congress Avenue. Phase 3 includes stand-alone residential and commercial uses, activation of the Pine Preserve for passive recreational use, and provision of a pedestrian connection along the west side of the Property from the northern portion of the Property to Old Boynton Road. Phase 4 includes a combination of existing and new commercial uses, hotel, vertically integrated mixed uses, and open space in the area south of Phase 2. Phase 5 includes the remaining commercial and open space uses in the southeast portion of the Property. As detailed above, Phase 1 is anticipated to begin upon approval of this Rezoning and Master Plan with a Site Plan anticipated to be submitted concurrent with this request. The ultimate development of the remaining phases will be guided by changes in market demands over the course of the coming decade. It is important to note that each of the phases includes a portion of the proposed open space components such that they are equitably distributed throughout the Property. REZONING AND MASTER PLAN CRITERIA In accordance with the Section III.2.II.2.D of the City's Code, Petitioner will demonstrate below that the Rezoning and Master Plan: a) is needed; b) is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans,and Land Development Regulations;c) is not contrary to the established land use pattern, nor would it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare; d) supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives with an emphasis on 1) complementary land Page 4 of 9 Page 124 of 279 uses, 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties; e) does not exceed the availability of Public Services/Infrastructure; f) is compatible with the current and future use of adjacent and nearby properties, will not negatively affect the property values of adjacent and nearby properties and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole; g) furthers the implementation of the Economic Development(ED) Program, (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) create new employment opportunities for the residents, with pay at or above the county average hourly wage, (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; h) does not involve rezoning to a traditional zoning district and therefore is not subject to review for the conditions within this criterion for furthering the City's Economic Development Program; i) will not reduce the amount of land available for commercial development; j) no alternative sites are available elsewhere in the City in zoning districts that already allow the proposed use; and k)shall comply with the requirements of the SMU zoning district and the site development standards of Section 111.3.111.4.D. a. Demonstration of Need.Approval of the Rezoning Application is necessary in order to develop the Project. As described above, the Property is unique in size and nature as it is the location of a regional mall development. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including+/-1,034,745 of retail use,+/-7,600 square feet of restaurant use, +/- 20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/- 80,000 square foot theatre with 3,650 seats. The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years. The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping.This is evidenced in a significant decline in tenancy in recent years,with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2%and 2.5%during this period (Census Bureau's Population Estimates). Concurrent with the decline of traditional mall development, two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities - a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. The City has recognized that the Mall Property's current C- 3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission Page 5 of 9 Page 125 of 279 approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Approval of Petitioner's Rezoning and Master plan requests will provide a zoning district consistent with the Property's MXL future land use designation. Considering the foregoing, approval of the Rezoning and Master Plan application is necessary in order to develop the Project. b. Consistency. The proposed Rezoning is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. As described above, the City recently changed the Mall Property's FLUM designation from DRI to MXL. The existing C-3 zoning is inconsistent with the mixed-use intent of the MXL FLUM designation. The requested Rezoning is consistent with the intent of the new MXL future land use designation as it will allow for the redevelopment of the Property to become a vibrant, mixed-use community that will better meet the needs of the City's current and future residents. The proposed Rezoning promotes Policy 1.3.1 of the City's Future Land Use Element ("FLUE") by promoting compact development and safe and pedestrian-friendly streets. The Project is also designed to comply with the dimensional requirements in the City's Comprehensive Plan and Land Development Regulations with a maximum height of fifty-five feet(55')for perimeter buildings, a maximum height of seventy-five feet (75') for interior vertically integrated mixed use buildings, and a maximum residential density of twenty(20)dwelling units per acre for the Property subject to approval of the SMU rezoning application. In addition to the foregoing,the Project furthers the following Comprehensive Plan objectives and policies: FLUE Objective 1.7: The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Policy 1.7.2: The City shall encourage land assembly to promote large- scale redevelopment and infill projects. Policy 1.7.3: The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. FLUE Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2: The City shall discourage urban sprawl by: A) Continuing to promote 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. Page 6 of 9 Page 126 of 279 FLUE Objective 1.18: The City shall encourage transit-supportive land development patterns to promote multi-modal transportation and increased mobility. c. Land Use Pattern.The proposed Rezoning is not contrary to the established land use pattern, nor will it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare. In addition to the compatible future land use designation,zoning and existing use of surrounding properties, the physical scale of the Project is complimentary to the established land use pattern. Specifically, The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single- family community to the west.The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. The Project's perimeters will include significant open space and landscape buffers that will provide sufficient transition to the lower-intensity residential communities surrounding the Property. The existing use of the Mall Property is less compatible with the proposed use, as it currently stands as a largely underutilized commercial center with a "sea of parking" surrounding the mall.Considering the foregoing,the proposed Project will better serve the area as a live-work-play lifestyle center offering surrounding residents with ample cultural and open space amenities. d. Sustainability. Approval of the proposed Rezoning and Master Plan supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives. In particular,approval of the Rezoning application promotes a mix of complementary land uses in the area, a smart growth principle that is a "critical component to achieving better places to live" according to the Smart Growth Network. As described above, the uses immediately surrounding the Property are primarily residential and commercial. Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City. In addition, the Project is designed to foster interconnectivity within the Project and between adjacent properties. The design of the Project also provides space for landscaping and a comprehensive pedestrian network throughout the community, and it will both satisfy demand for housing with the provision of efficient, high-quality and higher-density housing opportunities, and bring a vibrant lifestyle center to the area. Approval of the proposed Rezoning and Master Plan will allow for a complementary mix of uses that supports alternative modes of transportation and provides interconnectivity within the Project and between adjacent properties. e. Availability of Public Services/Infrastructure. Petitioner will ensure the provision of adequate public services and infrastructure necessary to support the Project through the Site Plan application process required in order to develop the Project. Page 7 of 9 Page 127 of 279 f. Compatibility.Approval of the proposed Rezoning and Master Plan is compatible with the current and future use of adjacent and nearby properties; will not negatively affect the property values of adjacent and nearby properties; and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole. The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. As discussed in sections (c) and (d) above, the proposed Rezoning is compatible with the current and future use of the adjacent residential and commercially used properties. The proposed Rezoning will not negatively affect surrounding property values; rather,the Smart Growth Network advises that"siting commercial areas close to residential areas can [actually] raise property values". Considering the foregoing, the proposed Rezoning and Master Plan is consistent and compatible with the surrounding area, will not affect surrounding property values and is of a scale that relates to the needs of the neighborhood and City as a whole. g. Direct Community Sustainability and Economic Development Benefits. The approval of the proposed Rezoning and Master Plan will further implementation of the Economic Development (ED) Program, (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) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, (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.The proposed Project will promote the Economic Development Program by diversifying and reactivating the Mall Property as a strong commercial and community center for the City's residents.The Project proposes a mix of uses, including multifamily residential and a hotel component alongside +/- 1,023,843 square feet of non-residential uses. The existing mall use has +/-+/- 1,285,722 square feet of non-residential uses, 36.8 percent of which stands vacant. Redeveloping the mall as a mixed-use, live-work-play community with commercial uses integrated therein will better meet the needs of the City and reinvigorate the Mall Property's economic base. As such, the proposed Project will both enhance and diversify the city's tax base through new office, commercial, and residential uses,and in doing so will respond to the current market demand and community needs by providing new services, housing, and retail choices not otherwise locally available or captured by the existing mall use. Further, by reactivating the declining Mall Property with new commercial, office, and hotel uses, the Project will create new employment opportunities for the area's residents. Further, The Project will promote the use of innovative methods and technologies, specifically those contributing to sustainability through the development of a mixed-use community that drives efficient, new-urbanist lifestyle practices by providing a single place where users can enjoy a variety of services and amenities. In addition, by offering local residents a place for recreation,shopping,and leisure,as well as ample pedestrian circulation and open spaces,the Project will serve the community as a transition to the less intense residential communities to the Page 8 of 9 Page 128 of 279 west and northwest, and the commercial developments to the south and across North Congress Avenue to the east. As such, the Project will be complementary to existing surrounding uses and promote synergy effects throughout the area. Finally, an ailing mall in steady decline over the last decade,the redevelopment of the mall into a mixed-use community center will and alleviate the blight and economic obsolescence that the Mall Property currently faces, while better meeting the needs of the City's growing community. h. Economic Development Impact Determination for Conventional Zoning Districts. This criteria is applicable to applications requesting to rezone to a conventional zoning district only. Considering that the Rezoning Application seeks approval to rezone to an SMU planned zoning district, this criterion does not apply. That being said, the proposed Project will further the City's Economic Development Program by proving new housing opportunities and a mix of commercial uses. i. Commercial and Industrial Land Supply.Approval of the Rezoning and Master Plan will not reduce the net commercial land area in the City; rather,the proposed Rezoning and Master Plan will allow for the renewal of the existing Mall Property by revitalizing a persistently declining commercial center with a mix of both stand alone residential,commercial, hotel,theater,and church uses and vertically integrated mixes uses. The Project therefore increases the employment potential and valuation of the Property beyond what it provides in its current use. j. Alternative Sites. There are not sites available elsewhere in the City in zoning districts which already allow the desired use. As described above, the Mall Property is a unique property with no other like it in the City. The Mall Property is experiencing steady decline and no longer meets the community's needs. Petitioner wishes to revitalize the Property with uses that satisfy the demand and desires of the community, and the size of the Mall Property makes it most suitable for the scale of the proposed Project. Approval of the Rezoning and Master Plan will allow for the Project, which is only possible on the Property as there are no other existing sites of comparable size and suitability for redevelopment available in the City. k. Master Plan and Site Plan Compliance with Land Development Regulations.The Project complies with the site development standards of the Section 111.3.111.4.D. of the City's Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. Page 9 of 9 Page 129 of 279 M z 0 lip O zoo 61 C) (DLLlo A w 0 0 0 Nw z 0 OM l ,51� I"V Mj q al Ai 110 1,6 n III 7,1 1 oil; M� r: all I No H we .09 1 Ni, ITHITH IN 95, 111�tlllll�l II II�11LI1 II"u, Ag 4,J) "M 2,11mil T fi Ll Al WOO 15 I"T'Mm"',1f,ffi"ag� iSyY lt Jil" 111AINTITIP 4, 1 71 a N , MW O ""SIN 3?V If 4drl qN,Ow"T", Ov 14 TIM ro M-M a CO 0 co z Js n, www o CD o< C) C) L) C) Ln oe Ow DO OO 0 0 8 0. z> E 2 � I �� ; 00000000 - �� m � m� e . q, 'i tj I ——————————-- � � �I �� I ill='I � i i ;�tY ,IR l �`� t g'�� M,M M a O l, --—---------------------7 aX11@I,- ","W, , ll�� 5,IN �1111rrdS �+tt �' � rJ�i i��il�£� i W L---j 'A—) ft.00 — '7— " l ,,RPI7, T' 7 IN, mmm"m —— ——--—-- 0-0 'S"g n 7,- j 'AsIR k. Hul �o s 77 p"m J, ,Yi iNg W-l"I'll I 7j, VOII*N Mm io .............. m_-----T IN PEI J-1 SWIM flu 77V F oil i a mum 0 o,�l yr hip n "Iftpq Opp, oil gut p a CO o� z o - a m U w °� ° 3aV3`JNIaIIna �'I az oNg<p oz - Q > wz ozw row¢ i Cl)LU 10 +❑ W w mLU <72 LO �000zYz �Qaw U) W C? Liu ozw z8 W J a I z _ rk tk wtks b fi, z C=7 O Z — y Q o_¢ zw wm +i�¢ e � Q 3OVd ONlalln9 9NIISIX3 \ \ \ a Q � - 0� Z 30V3`JNlalln8 W 2 H O F¢ U ozw owe tea¢ CO +C, J U, z of <zLO w 3OVA ONlallne � oda Z ¢ O w m � z 7 W w ¢ U o LU ¢ + rta M Z Lu U o W U) W +m 4 W z �z3 m x wLn U <<WDUH -i � w� Q 0 a � e w ozw � +I¢ +I W 30V3 9NIalln8 30VJ`JNlalln8 - fit---- W W w w W000 � 0 H MOM T;:0011 WIC IIV 7� z a4 LK Li I NO: 01 polls.......................... mo, I I U A'i 21§1 VA CO 0 co 0 ro To 0 73 2 1. -Qm in 55 Ew > lo mow > Q5 w 0 Z3 :s g E E in i6 2 Q, C) U) E U5 0- M �N; S2 ca co z Lu 2 . w f 3 11 .2" 0� o. tz 0- z U) -) LLI LU co c LZ Z 1. U) W 47 Lu LLI LU L� O U) F- < E w Q — Z LL. 2 .2 E < '5 W -M J) 2 Q 2Z 0 1 7 75 Cl) 2 w 2 & .2�6 2 5 6J U) 2 U) LLI F- CD Z - 0 . z m �6 z - 1 71 LU 0 LLJ 0 C) Z) E LLJ 31; > -0 )- :E 2 U) 'E x > C) 'o Ui -2 < 0 L) R < Lij F- > 0 L) 2 Z 5 2 LL D, CL U) 5; z (D (D (D (D (D G) tiip8 w z't Z ro m:�2 LU 7roD > 0 M A). C,3 zQ6 D <c jz 0- O co N < LU C -11 81 R co C) z,7 0, X M (0 Q) In Z Z Z LU Lu o ° eZ3 co-Q 2 q- Q w C',Tj U) A c, m Z) LZ Q) -ZtUUaNaZQU U) ro ro -C3 cu xm 'Zo cu m G cu o �o q z Q) Q) Z (D �1 Q, Q 2 z -2 cc 0 mx cc '0 co .2 0- + U- co w C) w U) 0- U) D w w cw, co Z < o U) 55 Qw Tz, 0 ti m LZ m >w a 0 Uj C) m n m Ir wco�T a_ LU Ir z EXHIBIT "D" Conditions of Approval Project Name: Boynton Beach Mall File number: MPMD 19-004 Reference: 31d review plans identified as a Master Plan Modification with a November 19, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. A traffic approval letter from Palm Beach County Traffic Engineering X is required prior to final approval of the Rezoning and Master Plan amendment. Should the approval letter require changes to the Master Plan, no permits shall be issued until those changes have been completed and approved by staff. 2. A school concurrency approval letter is required prior to final X approval of the Rezoning and Master Plan amendment. Page 136 of 279 Boynton Beach Mall (MPMD 19-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. The maximum square footage allowances depicted for the individual X use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. 4. The Plant Palette depicted on Sheet MP-6 is representative and not X comprehensive, and may be altered as a result of further staff review and comment as individual projects are reviewed. 5. Parking details will be reviewed within the individual phase approvals X and as part of any Shared Parking Study submitted in the future. 6. An update to the Master Sign Program for the Mall will be required X before any permanent sign permits are issued. 7. Further Departmental reviews and comments will be provided during X the analysis of site plan submittals associated with each phase. 8. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/COMMITMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\MPMD 19-004 COA.doc Page 137 of 279 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall (MPMD 19-004) APPLICANT: Bonnie Miskel, Esq., Dunay, Miskel and Bachman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2020 APPROVAL SOUGHT: Request for Master Plan Modification for the Boynton Beach Mall consisting of retail, residential, hotel, restaurant and office uses in conjunction with existing church, fitness center and movie theater uses, in the SMU (Suburban Mixed Use) zoning district. LOCATION OF PROPERTY: 801 N. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004\DO.doc Page 138 of 279 8.C. PUBLIC HEARING 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proposed Ordinance No. 20-004 - Second Reading - Approve amendments to I PUD, I nfill Planned Unit Development zoning district (CDRV 20-001) -Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions and Article III. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article 1. Overview, Article 111. Zoning Districts and Overlays, Article IV. Use Regulations and Article V. Supplemental Regulations, to establish IPUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of residential zoning districts. Applicant: City-initiated. Explanation of Request: The 2016 Boynton Beach CRA Community Redevelopment Plan defined 6 (six) CRA planning districts, with district-specific design standards, and introduced a number of changes to the structure of the future land use (FLU) classifications and corresponding zoning districts. One of the modifications to the structure of the future land use (FLU) classifications was the establishment of a new"High Density Residential" (HDR) category with a maximum density of 15 dwelling units per acre (du/ac), along with a new corresponding zoning district, R-4, Multi-family Residential. The intention was to bridge the large density gap between the existing classifications of Medium Density Residential, (MDR, 11 du/acre) and Special High Density Residential (SHDR, 20 du/acre). Currently, the two residential FLU classifications with the highest densities are the aforementioned HDR and SHDR categories. Both can be used with the Planned Unit Development district(PUD) zoning citywide as appropriate. The HDR classification is also applicable citywide with its corresponding R-4 district, while SHDR with the corresponding Infill Planned Unit Development (IPUD) district is limited to areas east of Interstate 95. Staff proposes to: • Eliminate the R-4 designation, and • Add IPUD as a zoning district under the High Density Residential FLU. If the proposed amendment is approved, the HDR/IPUD combination would only be available—similarly to SHDR/IPUD—east of 1-95. The IPUD zoning district is intended to meet infill redevelopment needs in areas east of 1-95. Since the requirement of a 3-acre minimum project area was eliminated in 2019, the I PUD designation has been available for much smaller redevelopment sites, often adjacent to low density residential neighborhoods. The proposed amendment allows I PUD to be used with HDR, a land use classification with a maximum density of 15 du/acre significantly lower than the 20 du/acre of the SHDR, the only FLU category that can now be paired with IPUD. Moreover, IPUD would replace R-4; unlike R-4, which is a conventional district governed by simple numerical parameters, I PUD includes design standards that go beyond the basics in terms of site design, architecture and landscape and thus can provide a better transition to adjacent developments, more effectively minimizing projects' adverse impacts while providing for an improved project design. Please note that the CRA Plan includes site-specific FLU recommendations, including those for HDR Page 139 of 279 classification, for its entire area. However, no property has been reclassified to HDR category since its inception. Elimination of the R-4 district will have therefore no impact on the properties on the ground, since none are currently zoned R-4. The Planning and Development Board reviewed this request at its January 28th meeting and forwards it with a recommendation of approval. How will this affect city programs or services? No impact on City programs or services Fiscal Impact: None Alternatives: No alternatives recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving LDR Amendments regarding IPUD Districts D Staff Report Staff Report D Exhibit EHIBITA, LDRAmendments Page 140 of 279 1 2 ORDINANCE NO.20- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS 7 CHAPTER 1, "GENERAL ADMINISTRATION", ARTICLE II 8 "DEFINITIONS" AND ARTICLE III, "RELATIONSHIP TO 9 COMPREHENSIVE PLAN"; CHAPTER 3 "ZONING", ARTICLE I, 10 "OVERVIEW", ARTICLE III, "ZONING DISTRICTS AND 11 OVERLAYS",ARTICLE IV, "USE REGULATIONS"AND ARTICLE 12 V, "SUPPLEMENTAL REGULATIONS", TO ESTABLISH IPUD 13 AS A ZONING DISTRICT CORRESPONDING TO THE HIGH 14 DENSITY RESIDENTIAL (HDR) FUTURE LAND USE 15 CLASSIFICATION, AND TO ELIMINATE R-4, MULTI FAMILY 16 DISTRICT FROM THE LIST OF RESIDENTIAL ZONING 17 DISTRICTS; PROVIDING FOR CONFLICTS, SEVERABILITY, 18 CODIFICATION AND AN EFFECTIVE DATE. 19 20 21 WHEREAS,the 2016 Boynton Beach CRA Community Redevelopment Plan defined 22 6 (six) CRA planning districts, with district-specific design standards, and introduced a 23 number of changes to the structure of the future land use (FLU) classifications and 24 corresponding zoning districts; and 25 WHEREAS, one of the modifications to the structure of the future land use (FLU) 26 classifications was the establishment of a new "High Density Residential" (HDR) category 27 with a maximum density of 15 dwelling units per acre(du/ac),along with a new corresponding 28 zoning district, R-4, Multi-family Residential; and 29 WHEREAS, the intent was to bridge the large density gap between the existing 30 classifications of Medium Density Residential, (MDR, 11 du/acre) and Special High Density 31 Residential (SHDR, 20 du/acre). 32 WHEREAS, the City Commission of the City of Boynton Beach has considered the 33 recommendations and has determined that it is in the best interest of the citizens and residents 1 S:1CA1Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3 CDRV 20-001) -Ordinance.Docx Page 141 of 279 34 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 35 Regulations as contained herein. 36 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 37 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 38 Section 1. The foregoing whereas clauses are true and correct and are now ratified 39 and confirmed by the City Commission. 40 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 41 "General Administration", Article II "Definitions" and Article III, "Relationship to 42 Comprehensive Plan"are hereby amended as follows: 43 44 See Exhibit "A" attached 45 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 46 "Zoning",Article I"Overview", icle III, "Zoning Districts andOverlays", Article VV, 47 "Use Regulations"and Article`T, "Supplemental Regulations" are hereby amended as 48 follows: 49 See Exhibit `B" attached hereto and made a part hereof 50 51 Section 4. Each and every other provision of the Land Development Regulations 52 not herein specifically amended, shall remain in full force and effect as originally adopted. 53 Section 5. All laws and ordinances applying to the City of Boynton Beach in 54 conflict with any provisions of this ordinance are hereby repealed. 55 Section 6. Should any section or provision of this Ordinance or any portion 56 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 2 SACA\Ordinances\LDR Changes\LDR Amendment (Ch I And Ch 3 CDRV 20-001) -Ordinance.Docx Page 142 of 279 57 affect the remainder of this Ordinance. 58 Section 7. Authority is hereby given to codify this Ordinance. 59 Section 8. This Ordinance shall become effective immediately. 60 FIRST READING this day of_ 2020. 61 SECOND,FINAL READING AND PASSAGE this day of 2020. 62 CITY OF BOYNTON BEACH, FLORIDA 63 64 YES NO 65 66 Mayor—Steven B. Grant 67 68 Vice Mayor—Justin Katz 69 70 Commissioner—Mack McCray 71 72 Commissioner—Christina L. Romelus 73 74 Commissioner—Ty Penserga 75 76 VOTE 77 78 ATTEST. 79 80 81 82 83 Crystal Gibson, MMC 84 City Clerk 85 86 87 88 (Corporate Seal) 89 3 SACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3 CDRV 20-001) -Ordinance.Docx Page 143 of 279 EXHIBIT "A" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE RESIDENTIAL ZONING DISTRICT- Whenever the words "residential district" or "residential zoning district" are used, they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R-1-AA single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi-family residential; R_n multi FesideR ia+i' IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development. Page 144 of 279 ARTICLE III. RELATIONSHIP TO COMPREHENSIVE PLAN . Sec. 5. Future Land Use Map (FLUM). A. Adoption. The designation boundaries hereinafter set forth and delineated on the future land use map, including all explanatory matter thereon, is hereby adopted. The future land use map shall be maintained as a digital format GIS document. The most recent version of the land use map shall be kept on file, in printed form, in the office of the City Clerk. B. PLUM Classifications and Corresponding Zoning Districts (Table 1-1). The following table shows the future land use map classifications and their corresponding zoning districts: _ Zoning FMe Districts LDR HDR SHDR OC LRC GC MXL MXM MXHI R PPGI DRI (7.5 (15) (20) (20) (50) (80) R-1-AAB 5.5 R-1-AA 5.5 R-1-A 6 1 F— R-1 7.5 R-2 <_10 R-3 11 44 IPUD PUD MWD - C-1 - C-2 C-3 - C-4 CBD PCD - SMU MU-1 MU-2 - - MU-3 - - MU-4 MU-C M-1 PID REC PU _- 2 Page 145 of 279 Future Land Use Map Classifications: LDR: Low Density Residential MXL: Mixed Use Low McDR: Medium Density Residential MXM: Mixed Use Medium HDR: High Density Residential MXH: Mixed Use High SHDR: Special High Density Residential I: Industrial OC: Office Commercial R: Recreation LRC: Local Retail Commercial PPGI: Public&Private Government/Institutional GC: General Commercial DRI: Development of Regional Impact 3 Page 146 of 279 EXHIBIT "B" CHAPTER 3. ZONING ARTICLE Sec. 4. Official Zoning Map. This set of regulations together with the official zoning map with explanatory matter thereon, shall be known, used and may be cited as the "Official Zoning Regulations of the City of Boynton Beach, Florida." A. Adoption. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, are hereby adopted. The official zoning map shall be maintained as a digital format GIS document. The most recent version of the official zoning map shall be kept on file, in printed form, in the office of the City Clerk. B. Updates. The City Commission may amend the official zoning map from time to time by ordinance. The official zoning map shall be notated to list all revision dates and ordinance numbers. C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R-1-AA Single-family residential district R-1-A ' Single-family residential district R-1 Single-family residential district R-2 ( Single and two-family residential district R-3 Multi-family residential district _ _ . IPUD Infill planned unit development district PUD Planned unit development district _ -- ......... ..... MHPD Mobile home planned development district C-1 ( Office and professional commercial district .., — ...... _ C-2 Neighborhood commercial district —_ .---. _ C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district 4 Page 147 of 279 MU-1 Mixed use 1 district - ...... — MU 2 Mixed use 2 district MU- � Mixed use 3 district MU-4 j Mixed use 4 —_.. ............._........ t MU-C Mixed use Core district M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation district 5 Page 148 of 279 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article III, Section 5.13., any given parcel of land in the city shall have a zoning district that corresponds with the Future Land Use Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Regulations (Table 3-1). R-1 R-2 R-3 R4 RESIDENTIAL B AA Al R-1 DeuXpl Multi IPUD PUD MHPD Density(dwelling units Flexible' Flexible' Flexible' per acre): 5 5.5 6 7.5 10 11 4-5 0 0 0 Project Area,Minimum (acres) N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, 9,00 8,000 7,50 6,00 4,50 4,000' Flexible Flexible 4,200 Minimum(square feet): 0 8 0 0 0 s Lot Frontage,Minimum (feet): 90 75 60 60 75 100 Flexible Flexible N/A Living Area,Minimum 1,80 1 40 1,20 A/C(square feet): 0 1,600 0 0 750 750 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% ® 50% N/A N/A Floor-Area-Ratio(FAR) for Non-Residential, N/A N/A N/A N/A N/A N/A N/A N/A N/A Maximum: Structure Height, Maximum(feet): 30 30 30 30 25 456 43 45' 456 30 Building Setbacks, Minimum(feet): Front: 25 25 25 25 25 1 40 Flexibles Flexible' 20 Interior side: 10 10$ 7.5 7.5 10 20 -20 Flexible' Flexibles 5 Corner side: 254 254 254 254 254 40 20 Flexibles Flexible' 10" Rear: 204 204 204 204 254 40 40 Flexible' Flexible' 10" Special rear yard setback reductions for Maximum Percentage of Reduction: 1-story building g i additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N4A N/A N/A N/A Intracoastal Waterway(ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 1 50% 50% 1 N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A WA N/A N/A N/A l wider than 150 50% 50% 50% 50% N/A N/A N/A N/A N/A LfeeLt: 6 Page 149 of 279 Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industria 1: 50% 50% 50% 50% N/A N/A N/A N/A N/A Public/private park: 50% 500/c 50% 50% N/A N/A N/A N/A N/A Perimeter wall 50% 50% 50% 50% N/A N/A N/A I N/A N/A abutting non-residential: Administrative Maximum Percentage of Reduction to standard and setback. Adjustment: g � Y )' Front yard: 20% 20% 20% 20% ' N/A N/A NEA N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A NAA N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 i 3 3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. See Note#5 for additional setback requirements relative to building height. 7. A lesser building height may be required for compatibility with adjacent properties. See Note#5 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred (200)square feet per dwelling unit(also see Chapter 4,Article III, Section 8.). 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R 4 require twenty thousand(20,000)square feet. ................... Sec. 2. Residential Districts. ......................... Page 150 of 279 r s s s n '® ° s s 1' e f 5 9 g g nir®irrn #n ®'nrvn_resc ie�r�n#i>+I ® c-��c,' Gus 2. G. Fequi i c® G `a®wiu A hhhn � `a. 8 Page 151 of 279 7nnnnn4 "a-Mum yard-setbaeks-. ® 0 r and®In+inns .,nvd Annrr�®®.+I rr�nr<nc+ ...... u..0 r •NNl v rui 1 ° ' 9 f ®® ®® r P1111 ifYlnn naYW11� G. p F;OF'G_Vp4GatioP-f9f Arti ®/ nAinil Iws flff_C}raa4 ,rlsinry Qanl Braman} G. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the Hi,.h Densit Residential HDR and Sspecial H14igh Ddensity residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. This district is intended for infill purposes, promoting new development and redevelopment in areas located east of Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine-oriented and water dependent uses in both mixed use developments and limited single-use projects. The IPUD district includes design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, 9 Page 152 of 279 parking lot and circulation design, and setbacks, will be dependent on how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval, any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not necessarily be limited to, proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote sustainability with respect to land use, energy conservation and resource management. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have been impacted by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s)Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28")for a list of allowable uses. 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage': Flexible' 10 Page 153 of 279 Minimum perimeter yard setbacks: Front: Flexible2 Rear: Flexible2 Interior side: Flexible2 Corner side: Flexible2 Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feel ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3,Article IV, Section 3.D.,a marina use shall require a minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. If vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A lesser building height may be required for compatibility with adjacent development. See Note#2 above for additional setback requirements relative to building height. 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.F. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article 11, Section 2.D.6. 7. Miscellaneous. a. See Chapter 4, Article II, Section 4.13.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. Page 154 of 279 c. See Chapter 4, Article VIII, Section 3.C.4.b.(2)for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. h. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. H. PUD Planned Unit Development District 1 . MHPD Mobile Home Planned Development District 12 Page 155 of 279 CHAPTER 3. ZONING ARTICLE . USE REGULATIONS Regulations ................. B. General Rules of Use Matrix. The following general rules are applicable to the use matrix: 5 12. Business Activity. All business activity and uses shall be conducted within a fully enclosed building, and on the same property,unless otherwise specified. External use of property, or use of abutting rights-of-way for accessory use,may require approval as described in Chapter 2 and/or from entities having jurisdiction over the subject rights-of-way. Although building and site regulations would not apply(i.e. minimum setbacks,minimum lot standards, maximum lot coverage, etc.),the accessory use or activity proposed off the premises must comply with the use regulations and performance standards, as well as all associated site development standards,building codes, and applicable approval requirements of any outside entity having jurisdiction. 22. Terms. Whenever the word "district" is used, it is construed to mean zoning district. 34. Column Headings in Title Block. a. The major column headings in the title block of the use matrix(i.e.,residential, commercial,mixed use, industrial, and miscellaneous) are further defined in Chapter 1,Article II,Definitions. b. The regulations of each zoning district(e.g.,R-1-AAB, R-1-AA, etc.) shown in the title block of the use matrix are described in Chapter 3,Article III,Zoning Districts and Overlay Zones. 45. Fire Department Hazardous Material Disclosure. Any use which uses,handles, stores, displays, or generates hazardous materials, hazardous waste,or a toxic substance, as 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, shall require Fire Department Hazardous Material Disclosure in accordance with City Code of Ordinances Part II, Section 9-71. 56. Drive-Through Facilities. Drive-up, drive-through, and drive-in facilities require conditional use approval unless otherwise specified. The facility,including the stacking lanes, must not be visible from public rights-of-way where located within the SMU district,MU-Ll district, MU-L2 district, and MU-L3 district. Furthermore, these facilities are prohibited in the MU-H and PID districts for all establishments listed under the "commercial" and"public& civic" use groups. See Chapter 4, Article VI, Section 3.17. for additional standards regarding queuing and vehicular stacking. 62. Distribution of Narcotics and Other Controlled Substances. a. Purpose and Intent. These Regulations are in connection with the mass effort to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and the impacts upon land uses that are associated with businesses that would operate principally to dispense pain medications for chronic pain but without the services of typical medical offices that provide thorough on-site examinations,medical treatments or procedures, and continued medical oversight. Such businesses have been determined to be 13 Page 156 of 279 associated with the excessive use of, addictions to, and subsequent illegal sales/distribution of addictive controlled substances. b. Applicability. This section applies to all medical,professional and business offices, clinics, and any other use or establishment that dispenses narcotics and other controlled substances. Such uses shall be subject to the following: (1) On-site dispensing of controlled substances that are identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035 or 893.036,is prohibited,unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition: (a) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is only intended to treat the patient during that particular treatment session. (b) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital,nursing home, ambulatory surgical center,hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (c) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (d) A health care practitioner when administering or dispensing a controlled substance to a person under the age of sixteen(16). (e) A health care practitioner when dispensing a one-time, seventy-two (72)-hour emergency resupply of a controlled substance to a patient. c. Enforcement. (1) Law enforcement officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this section and may issue citations, arrest and arrest with warrant persons acting in violation of this section. (2) Law enforcement officers shall have the authority to seize, confiscate and impound any substance, or other article which,upon probable cause,they find to be used or possessed in violation of this section. (3) The city may prosecute violations by issuance of notices to appear for violation of a city ordinance, in which case,the penalty for a violation shall be as follows: (a) First violation- $100.00; (b) Second violation within twelve(12)months of adjudication of first violation- $500.00; and (c) Third violation within eighteen(18)months of adjudication of first violation- $1,000.00. Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. (4) A violation of this section may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation,or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of Chapter 15,Article 8 of the City of Boynton Beach Code of Ordinances and/or F.S. Chapter 60. (5) Any person convicted of violating any of the terms or provisions of this article or any code,requirements, or standards adopted hereby shall be subject to the penalties as provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In addition,the city 14 Page 157 of 279 may use any equitable or legal remedy available at law to enforce any violation of the terms or provisions of this section. 7-9. Prohibited Use of Public Parking Spaces. Major and minor motor vehicle or boat repair, including oil changes, adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or loading areas and is declared to be a public nuisance. Commercial property owners engaged in the sale of motor vehicle or boat parts, oils, or lubricants, shall post notices within their premises in close proximity to check out counters or exit doors notifying customers of this prohibition. Violations of this provision of the code is subject to enforcement through code enforcement action,nuisance abatement action, municipal ordinance violation, or action for injunctive relief. Law enforcement officers are authorized to issue notice to appear for violation of this section. 89. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1,Article II are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional,regulations and standards, such as landscaping or other types of screening,may apply on a case-by-case basis as determined by the Director of Planning and Zoning. 94-0. Miscellaneous. It should be noted that each use category may contain additional limitations or restrictions. Please refer to the definitions(see Chapter 1,Article II),the applicable zoning district regulations in Chapter 3,Article III, and the supplemental regulations in Chapter 3,Article V. C. Use Matrix Legend. Uses regulated herein are classified in one(1)or more of the following categories: 1. "P" -Permitted Uses. A permitted use is allowed by right within a zoning district provided that all development regulations are met. A permitted use must be conducted on a site in order to have accessory or ancillary uses on that site. Uses identified with a"P" on the use matrix are permitted by right in the district, subject to compliance with 1)the additional standards indicated in the "Note" column,which directly corresponds with Section 3.E.below; and 2) any other applicable requirements prescribed by these Land Development Regulations. 2. "C" -Conditional Uses. A use that because of special requirements or characteristics may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district, subject to compliance with the following: 1) additional standards indicated in the "Note" column,which directly corresponds with Section 3.E. below; 2) standards for evaluating conditional uses in accordance with Section 4 below; and 3) any other applicable requirements prescribed by these Land Development Regulations. 3. "A" - Accessory Uses. A use that is customarily incidental to the principal use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a permitted principal use in the district, subject to compliance with the following: 1) additional standards indicated in the "Note" column,which directly corresponds with Section 3.E. below; and 2) any other applicable requirements prescribed by these Land Development Regulations. The nature of the principal use will determine the use review authority required to review and approve the accessory use. Accessory uses,unless otherwise provided, shall be located on the same premises as the principal use. 15 Page 158 of 279 . Vacant Box. A vacant box that contains no s' rnbol si nifies that the use cate oa is not allowed within the comes;-ondim, zonindistrict. rr rr Up pist-Fiet. 4 +L n rr } n rr rr rr 16 Page 159 of 279 D. Use Matrix(Table 3-28). P=Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory I trial 00 3 d ¢ r r r r 00 fL Q 0 N M D V w rr rr a a of a a ci U U U 0 0. u�i M 2 M M 2 a a RESIDENTIAL&LODGING Accessory DwellingP P P P P P P P f Unit 36 36 36 36 36 36 36 ''36 Bed&Breakfasf C C C C C C C 37 37 37 37 37 37 37 Dwelling, P P P P P P R P P P Single-family (detached) Dwelling,Two- P P R P P P P P P C family(duplex) Dwelling,Multi- P R P P P P P P P family(including 1' 6 6 34 27 Townhomes) 6 i I Dwelling Units in P P P P P P P P Mixed Use Buildings 6 6 6 6 6 27 I Group Home Type P P P P P P 1(2 per room up to 40 40 40 40 40 40 10 residents, limited service) Group Home Type P C C 2(2 per room up to 14 40 49 40 14 residents, 40 limited service) ) Group Home Type C C C C C P P C C C C 3(comprehensive 14 44 40 40 40 40 40 40 40 40 40 r service) 40 49 Hotel&Motel P P P P C C C C P P P 41 141 41 41 41 41 41 '41 41 '41 41 Home Occupations P P P P P P P P P P P P P P 34 34 34 34 34 34 ''34 34 34 34 34 '34 34 34 Live-Work units P P P P P P P 42 42 42 42 42 42 27 Manufactured Home . P 17 Page 160 of 279 P=Permitted ! Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial i 0° sill r = W — o. 2 U U U U U a m 2 2 2 2 2 a o. o: COMMERCIAL Retail Sales Art, Book,Craft, P P P P P P P P P P P P P A A Hobby, Music, 18 1 43 10 17 17 17 17 17 28 20 20 Sporting Goods, 17 43 &Toys Auto Dealer, New P P f44 14 14 16 16 44 44 Auto Dealer, Used P P P 14 14 44 ( 16 16 44 44 I ;Automotive Parts P P P 7 P P P P P P P P Store 17 17 17 17 17 23 27 Beer,Wine, PP P P P P P P P P &Liquor 35 35 35 17 17 17 17 17 17 15 Store 35 35 35 '35 35 35 27 35 Boat Dealer/Rental i C A A 45 16 '16 45 45 f Cleaning Supply P P P P P P P P P P P P Store 1 17 '17 17 17 17 22 28 (Swimming Pool,Janitorial) Clothing& P P P P P P P P P P P P P Accessories 18 1 10 17 17 17 17 17 28 r 17 30 Convenience Store P P P P P P P P P P P P P P 2 2 3 3 7 35 17 17 '17 17 1 17 22 15 3 3 35 35 35 35 35 35 35 11 35 35 27 8 35 35 35 Cosmetics, P P P P P P P P P P P P P Beauty supply,& 18 1 10 17 28 Perfume 30 Electronics& P PP P P P P P P P P P P Appliance 1 10 14 14 14 17 22 28 Store 30 Florist P P P P P P P P P P P P P P P 18 1 1 S17 '17 17 17 17 17 22 27 8 Furniture& P P P P P P P P P P P P P P Home furnishing 18 1 10 17 17 17 17 17 22 2 17 28 30 Gasoline Station CC [46]46 C C C C 46 46 16 16 46... 46 18 Page 161 of 279 _F_ P=Permitted Residential Commercial Mixed-11.1 Indus Misc C=Conditional l A=Accessorytrial i 00 r r ¢ N M y D 2 7 N M m V 7 7 o rr ok a cv U cv v v w a a W COMMERCIAL Retail Sales Grocery Store P P P P C P P P P P 10 17 17 17 17 17 27 17 '47 '47 47 47 i Hardware Store P P I P P PP P P P P P P P 2 48 17 17 17 17 17 17 22 27 48 48 48 48 48 48 Health& PPP Personal Care 18 17 17 17 17 17 17 22 27 (Eyeglass, 68 Medical Supplies, Hearing-Aids) Home Improvement p p p p Center 10 i 16 16 27 49 ;Jewelry,Lu99a9e. P P P P P P P P P P P P P i&Leather Goods 18 1 17 17 17 17 17 17 28 Marine Accessories P P P P P P P P P P P P P 1 17 17 17 17 17 17 22 28 50 50 50 50 50 50 Merchandise, P p P p New 10 16 (Supercenter, 16 27 [Discount, Department, 51 Club) Merchandise,Used P P P P P P P P P P P P , P (Antique Shop) 18 1 52 52 152 52 17 '17 17 17 17 '17 " 27 52 52 52 X52 52 52 52 52 52 Merchandise,Used p p p p (Other) 53 53 53 15 27 53 Mobile Vending Unit P P P P P P P P P P P P (MVU) 54 54 54 54 '54 ,54 54 54 54 54 '54 54 Multiple-Vendor p p p P Market 55 55 55 15 ' 27 55 Novelty,Gift, P P P P P P P P P P P P P A A Souvenir,& 18 1 17 17 17 17 1 17 127 20 20 Miscellaneou 11 21 Nursery, Garden Ctr p PP p P p&Farm Supply 2 3 3 3 3 3 56 56 56 22 56 56 Office Supplies P P P ITP p �1_7 T1717 P &Stationery 1 17 17 17 126 Pet Store&Supplies P P P P P P P P P P P P P 18 1 17 17 117 17 17 '17 128 Page 162 of 279 P=Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial f N M 2 •- N M m U > > > 7 r U ok ° a cv ti ci U U a m a a of COMMERCIAL i Retail Sales Pharmacy&Drug P P P P P P P P P P P P P Store 1 2 57 57 57 57 117 17 17 17 17 17 15 57 57 57 57 57 57 57 57 27 57 Restaurant P A P P P P P P P P P P P P P A A 18 58 2 58 58 58 58 17 17 '17 17 17 17 58 27 20 20 (, 58 58 58 '58 58 58 58 58 58 58 21 i 58 Restaurant,Take-outs P P P P P P P P P P P P P P P A A 18 2 2 17 17 17 17 17 17 59 28 20 20 8 l I 1 1 21 Showroom P P P P warehouse 10 10 _10 10 (single-product line) 0 0 0 0 Specialty Food Store P P P P P P P P P P P P P 18 2 2 27 11 Tile and Carpet P P P P P P E17 P PP10 17 17 17 22 24 17 28 COMMERCIAL Services Auto Broker P P P P P P (P P Auto/Car Wash A C C C ''s A fi (Polishing, 60 60 60 60 Waxing,Detailing) 60 I _ — Auto/Car Wash, C C C Self-serve Bay P P ;Automobile Rental A P C i 61 3 61 16 16 61 61 61 Automotive,Minor A C P C P A Repair 1 62 62 3 62 3 62 62 62 Automotive,Major P Repair 3 13 63 Automotive A IP P C P P 1Window Tinting/Stereo 64 64 '64 64 64 26 Installation/Alarms Bar&Nightclub C C C C C C C 'C C C 16 14 14 16 16 27 _ 16 16 CatererI P P P P P P C 22 20 Page 163 of 279 Fc= =Permitted I Residential Commercial Mixed-Use Indus Misc Conditional SA=Accessory trial m r NT r N M O V o [C [r a a 2 v cv U U U a co a a COMMERCIAL Services Check Cashing P P P P 1�- ____ I I; - I L 65 '65 65 27 Coin-operated P P P P P P P P P P P Laundry 1 1 17 17 17 17 27 8 Day&Trade C P Labor Pool 13 (Temporary Help) Dry Cleaner P P P P P P P P P P P P P P 2 2 66 66 66 66 66 66 66 66 66 66 22 27 8 66 66 66 66 rF.rtun. Teller, P m Reader, 22 sychic Funeral Home C C P P P C C C A 3 3 3 16 16 16 3 67 Interior Decorator P P P P P P P P P P P P P P Studio 18 11 11 11 11 11 11 22 Landscaping C Debris Stockpiling; 10 3 Locksmith P P P P P P P 1 22 Mobile Vending PP P P P P P P P P P P P P P P P Unit(MVU) 54 54 54 54 54 54 54 54 54 54 54 54 54 54 54 54 54 Personal P P P P P P P P P P P P P ,P P Care(Beauty, 18 8 1 68 68 68 68 17 17 17 17 17 17 j22 27 Hair,Nails) 68 68 I 68 68 68 '68 68 68 68 '68 68 Pet Care A C C C C C C C P C (Boarding 69 69 69 69 69 16 16 16 3 27 and Daycare) 69 69 69 22 69 69 Pet CareP P P P P P P P P P P P P (Grooming) 17 17 17 17 17 117 22 27 Pet Care P P P P P P P P P P P P P P (Veterinary 16 16 16 16 16 16 22 27 Services) Photography P P IP P P P P P P P P P P P P A A Studio 18 18 17 17 17 17 17 17 22 27 20 20 11 Postal/Mail Cente 1701J70 P L—P P P P P P P P P 1 P PL ''70 70 16 16 16 16 16 16 122 28 70 70 70 70 70 70 70 70 21 Page 164 of 279 P=Permitted Residential C=Conditional Commercial Mixed-Use IndusMisc A=Accessory trial Qdm Q i Q Qi * O 7 ( r r r N M Dr N M `t to U E 0 D D :� 7 7 V o m o a a b ci 0 v U a m M 2 2 2 2 2 a a X COMMERCIAL Services i Repair/Maintenanc I P P P P P P P P P P P P P e,Personal and 1 1 17 17 17 17 17 22 Household Goods g Repair,Rental,& p p p P Maint of 71 71 12 Home/Garden Tools Repair,Rental, P P P P P P P P P P P P &Maint of 10 17 17 17 17 l Office,Home 17 Equip Travel Agency P P P P P P P P P P P P P P P 18 1 1 17 17 17 17 17 '17 22 27 19 19 Tuxedo, P P P P P P P P P P P P Formal Wear, 1 17 17 1 17 17 17 17 27 Costume Rental Videos,Games P P P P P P P P P P P P &DVD Rental 1 14 14 14 27 OFFICE&HEALTH CARE Bank and Financial P P P P P P P P P P P P P Office 1 16 16 16 16 16 16 27 31 Business or P P P P P P P P P P P P P P P P Professional Office "" 18 8 18 73 73 73 73 73 73 22 28 19 19 31 Call Cenier P P P P P P P P P P P P P C 5 5 5 5 5 5 5 13 29 Copying. --TTP P P P P P P P P P P P P P Printing,and 2 17 17 17 17 17 17 22 Si=n Desi n Counseling P P P P P P P P P P P P P P 1 16 16 16 16 16 16 22 27 31 Diet/Nutrition Center P P P P P P P P P P P P P 1 17 17 17 17 17 17 22 27 31 Hospital P 72 Information and Data P P P P P P p p Processing 1 29 7 Investigative Service I P P P P P P P P P P P P P P P 8 1 16 16 16 16 16 16 22 27 31 Manufacturer P P P P P P P P p Representative 1 1 24 28 -IT31 22 Page 165 of 279 P=Permitted �c Conditional Residential Commercial Mixed-Use Indus Misc A=Accessory trial m a a p a m U d _ N en ar 7 7 7 j p U _ a U v ti U U a a a � OFFICE&HEALTH CARE(Conrd) Medical Care or p p p p Testing(In-patient) 14 14 10 10 101 101 101 901 ''.. 902 '102 102 102 Medical or P P P P P P P P P P P P P P Dental 1 16 16 16 96 16 16 22 24 1 Imagingrresting/ 27 Support Services I 31 Medical or Dental P P P Laboratory 13 29 Medical or Dental P P P P P P P P P P P P P P Office(Out-patient) 1 16 16 16 16 16 16 22 27 31 i Real Estate Business P P P P P P P _P P P P P P P 18 18 16 16 16 16 ' 16 16 27 19 19 31 Social Service C C P P :Agency 74 74 Temporary P P P P P P P P P P P P P Employment Agency 16 16 16 16 16 16 27 '31 ARTS,ENTERTAINMENT&RECREATIONAL Adult Entertainment C C T75 p p 75 75 13 75 75 Artist Studio P P P P P P P P P P P P P P A A 18 18 76 76 76 76 76 76 76 76 76 76 20 20 Arts Campus P P P 18 18 18 Entertainment, P P P P P P P P P P P P P A Indoor 1 11 11 11 ''11 '11 11 22 27 21 77 14 14 14 77 Entertainment C C Outdoor 78 78 Gym,Fitness P P P P P P P P P P P F &Health Club 18 90 11 11 11 11 11 19 11 14 14 94 Indoor Athletic P P P P P P P P P P P P P Ilnstruction/Training 18 1 1 14 14 14 1 1 —7 � 19 Marina,(including P P P P P P P Yacht Club) 79 79 11 11 11 11 11 79 79 79 79 79 Museum P P P P P 18 18 18 23 Page 166 of 279 P=Permitted Residential Commercial Mixed-Use Indu Misc C=Conditional A=Accessory strlal m 4 0... d r N th O N _ co ARTS,ENTERTAINMENT&RECREATIONAL(Cont'd) Rentals, P P P P P P P P P P A Recreational 11 11 11 11 11 11 21 (bicycles,canoes, 14 14 14 personal 80 80 80 watercraft) Shooting P P P P Range,Indoor 4 29 Sightseeing&Scenk P P P P P P P P P P P P Tours 81 81 81 81 81 81' 11 11 11 11 11 11 81 81 81 81 81 , 81 Theater P P P P P P P P P P111L.1 P P 18 18 82 82 82 82 11 11' 11 11 20 18 821 82 82 14 14 14 82 82 82 82 82 I 24 Page 167 of 279 P=Pendifi( Residential Commercial Mixed-Use71tnd Misc i C=Conditional A=Accessory N M _ ,a N M N M cr U U o o ck a IL 0 m U U 2 ' > > a _ � d ci ci U U a m M MM d a� � � � it IL S PUBLIC&CIVIC USE J _- Cemetery A A A A A A A A p 3 3 3 3 3 3 3 3 83 83 83 83 83 83 83 83 Church C C C C C C P P P P P P P 33 33 33 33 84 84 15 15 15 15 �84 '84 84 84 Civic&Fraternal P P C C C C Club/Organization 3 3 15 14 14 14 15 15 15 Government, 1P P P P P P P P P P P P P P P P P P P P P P P P Municipal Office/ 85 85 85 85 185 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 25 Emergency/ Civic Facilities Government, P Municipal Utility/ Support Facilities Government, P P P P P P P P P P P P P P I P Non-Municipal 1 1 1 1 1 1 5 86 86 5 5 5 86 24 Office Facilities 5 5 5 86 86 86 86 25 28 31 86 Government, P Non-Municipal Utility/Support Facilities Government,,Post C C — C C C C C P Office 1 EDUCATIONAL College, P P C C P P P -- P Seminary, 15 15 15 Day Care C C C C C C P C C C C C C P P P P P P P 33 33 ''33 33 87 87 I'll, - 8 87 11 11 11 '11 11 ''11 22 87 87 87 87 87 14 14 14 School,Industrial C P P &Trade 22 26 School,Primary and C C C F33 C C P P P Secondary 33 33 33 25 ;School,Professional P P P P P P PM151 P P P P &Technical 18 18 15 ' 15 15 24 27 31 Tutoring and Testing P P P P C PP PH-P'—' P C CP P Centers 11 11 11 22 24 27 31 25 Page 168 of 279 ------------ P=Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m o a CL N M v m U > > > > > o w rr rrOfrr _ a d ti ci v U a rn a s INDUSTRIAL Manufacturing, Fabrication&Processing C P Bakery,Commercial` P 9 9 26 Beverage Mfg C �P P 9 9 26 Converted Paper P P Product Processing 13 26 Dairy Products Mfg C P P -- 9 9 26 Electrical P P Equipment, 13 26 Appliance& Component Assembly Food Processing C P P u 9 9 26 Footwear&Other P P Leather Products 23 26 Frozen Food C P P 9 9 26 Furniture Products P P 23 26 Glass Products P P 23 126 Ice Cream&Frozen C P P Dessert 9 9 26 Jewelry Mfg P 'P 23 26 Medical Equipment &Supplies P P 23 26 Metal, Fabricated Products P P X23 26 Motor Vehicle P P Seating& 23 26 Interior Trim Ornamental,China, t P P Fine Earthenware, 23 26 &Pottery Paint,Coating P P &Adhesive 23 26 Pharmaceutical P P &Medicine 23 26 Plastic Products P P 9 23 26 26 Page 169 of 279 P=Conditional Residential Commercial Mixed-Use Indus is C=Co A=Accessory trial Q Q N M U CL N M e D: D-' �_4L d 2 N M m U D 7 D 7 U INDUSTRIAL Manufacturing,Fabrication,&Processing (co rd) Rubber Products P P i 23 ''26 Soap&Toiletry P P 23 26 Sporting Goods and TP P oys 23 26 Stone cutting& P P finishing 23 26 88 88 Textile Products P P 23 26 Wood Products P P 23 26 INDUSTRIAL Storage,Distribution&Wholesale Packing& P ___r Shipping,Trucking, P and Moving 13 29 Storage, Boats/ A A A A P i Motor/Recreations 89 89 89 89 �13 1 Vehicles 89 Storage,Self-Service, CC C C P 5 5 5 5 1 90 11 11 11 11 90 90 ''90 90 Warehouse,Internet P P P Sales 26 I -- - r Warehousing C P P 1- -IT 2 23 26 P P Wholesale Trade C 12 23 26 INDUSTRIAL Services Boat Repair ']713 13 91 Carpet and P P P Upholstery 92 22 26 Cleaning Services Contractor P P C 93 23 29 93 193 Dry Cleaning Plant LL P P 27 Page 170 of 279 FC Permitted=Conditional Residential Commercial Mixed-Use Indus�Misc IA=Accessory trial m I QUT 4. Q U U = N M . UU _ Y U d , U rn 7 , _ a U U U U U o_ m � � � g ' g � a � a � � INDUSTRIAL Services Exterminating and P P Pest Control 3 26 13 Glass and Mirror P P P 23 26 Janitorial and P General P P Cleaning 13 26 Lawn Maintenance P P &Landscaping in Service 94 13 94 l� Publishing& P P Commercial 23 26 Printing Radio&TV P P P P P P p p l Broadcasting 95 95 95 95 95 95 95 29 95 Recording Studio P P P P p p 29 Rental/Leasing P Industrial& 13 Commercial 32 Equipment P 13 Repair/Maintenance Industrial& Commercial Equipment 32 Research& Development P P Scientific/ 96 29 Technologica 96 l _ I Security Services P P P P P 13 29 Sewer/Septic &Was3 4 Waste Mgmt P C Cleaning 3 26 97 97 Taxi, Limo,Charter P P P C P p Bus 1 98 98 98 '98 3 98 13 98 Testing Laboratory P C ' ' 13 26 Towing,Motor P Vehicle 3 _ _ _L — I i13 " AGRICULTURAL Community Garden P PJ9P 'P LQP9 Pflgpg PP PP P P P P P P P P PX99 999 99 99 9999 99 99 99 99 99 99 99 99 99 99 99 99 [ w...._ 28 Page 171 of 279 ARTICLE V. SUPPLEMENTAL REGULATIONS Sec. 13. Wireless Communication Facilities (WCF). D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. ................ 6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment. e. Zoning Districts and Affiliated Process(Table 3-29). Concealed Non- Concealed Non- Mitigation Zoning concealed concealed of Antenna Co- Attached Freestanding Element location District WCF 1 WCF Attached WCF 4 Freestanding Existing Replacement 8 WCF 4 WCF 7- R-1 CC 3 AD AD AD R-2 AD CC 3 - AD AD AD R-3 AD AD CC 3 AD AD AD - PUD AD AD CC AD AD - AD IPUD AD AD CC 3 -- AD AD AD MHPD CC 3 AD AD AD C-1 AD CC _ AD AD AD - C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU-1AD AD CC AD AD MU-2AD AD AD CC AD AD - 29 Page 172 of 279 I - —7 MU-3 AD AD cc AD AD AD MU-4 AD AD cc AD AD AD mu-c AD AD cc AD AD AD PID AD AD cc cc AD AD AD M-1 AD AD cc cc AD AD AD Legend: AD-Administrative(Staff)Approval CC-City Commission (Public Hearing)Approval Blank-Not Allowed ............. ................. Zoning Districts: 1 R-1 Single-Family Residential C-1 Office Professional I SMU Suburban Mixed Use C-2 Neighborhood R-2 Duplex Residential Commercial MU-I Mixed Use I ................. ...............—------ R-3 Multi-Family Residential C-3 Community MU-2 Mixed Use 2 Commercial ........... ....... R-4--Multi-Family4k-4dentiR4 C-4 General Commercial -3 Mixed Use 3 I PUD Planned Unit CBD Central Business Development District MU-4 Mixed Use 4 - --—-. _- 1PUD Infill Planned Unit PCD Planned Commercial Development Development MU-C Mixed Use Core .............. . .....___——- ____ MHPD Mobile Home Planned REC Recreation PID Planned Industrial Development s Development PU Public Usage M-1 Light Industrial f. Maximum Heights of WCF (Table 3-30). Zoning Concealed Non- Concealed Non- Mitigation Antenna Attached concealed Freestanding concealed of I m t Co- District I Attached g Element Freestanding Existing I c m location WCFWCF WCF Non- WCF WCF R-1 5513,4 7 7 7 R-2 2 55'3,4 7 7 7 R-3 1 2 5513,4 7 7 7 CIZI I A PUD 1 2 7513,4 7 7 7 IPUD 1 2 7513,4 7 30 Page 173 of 279 MHPD 55-3,4 -7 7 7 C-1 2 _ 55'4 7 7 7 C-2 2 - 55'4 - 7 7 7 C-3 1 2 75'4 7 - 7 7 - C-4 1 2 - 75'4 7 7 7 CBD 1 2 130'4 7 7 7 PCD 1 2 75'4 1 7 7 7 REC 1 2 100'4 100'4,5,6 7 7 7 PU 1 2 100'47 6 7 7 7 SMU 1 2 70'or less 4 7 EH7 MU-1 1 2 70'or less 4 7 7 7 MU-2 1 2 70'or less 4 7 7 7 - MU-3 1 2 70'or less 4 7 7 1 7 MU-4 1 2 70'or less 4 - 7 7 7 MU-C 1 2 70'or less 4 - 7 7 7 PID 1 2 100-150'4 100-15014 7 7 7 M-1 1 2100-150'4 100-150'4 7 7 7 g. Setbacks and Separation Between WCF (Table 3-31). Concealed Non- Concealed Non- Mitigation Zoning concealed concealed of Antenna Co- Attached Freestanding Element District WCF Attached WCF Freestanding Existing location WCF WCF WCF Replacement R-1 3 4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 - 6 - 7 4- 2 -3-,4 6 PUD 1 2 3,4 6 - 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 - 6 7 C-2 2 3,4 -- 6 7 C-3 1 2 3,4 - 6_ 7 31 Page 174 of 279 C-4 1 2 3,4 6 7 - CBD 1 2 3,4 6 _ 7 PCD 1 2 34 6 7 REC 1 2 3,4 4,5 - 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-1 1 2 3,4- 6 _ 7 MU-2 1 2 3,4 6 7 MU-3 1 2 3,4 _ 6 7 MU-4 1 2 3,4 _ 6 7 MU-C 1 2 ---F3,4 6 7 PID 1 2 3,4 4,5 6 - 7 M-1 1 2 3,4 4,5 6 _ -7 32 Page 175 of 279 DEPARTMENT OF DEVELOPMENT =,flti „ PLANNING AND ZONING Memorandum PZ 20-037 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: January 21, 2020 RE: Approve proposed code language implementing revisions to IPUD,the Infill Planned Unit Development zoning district (CDRV 20-001) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions and Article III. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article I. Overview, Article III. Zoning Districts and Overlays, Article IV. Use Regulations and Article V. Supplemental Regulations, to establish IPUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of the City's residential zoning districts. Applicant: City-initiated. EXPLANATION Background The 2016 Boynton Beach CRA Community Redevelopment Plan defined 6 (six) CRA districts, with district-specific design standards, and introduced a number of changes to the structure of the future land use (FLU) classifications and corresponding zoning districts. The new vision necessitated Comprehensive Plan amendments, which were adopted in 2017. Subsequently, staff embarked on extensive revisions of the Land Development Regulations (LDRs). Since a significant number of the LDRs chapters were affected, revisions have been processed incrementally. One of the modifications to the structure of the future land use (FLU) classifications was the establishment of a new "High Density Residential" (HDR) category with a maximum density of 15 dwelling units per acre (du/ac), along with a new corresponding zoning district, R-4, Multi-family Residential. The intention was to bridge the large density gap between the existing classifications of Medium Density Residential, (MDR, 11 du/acre) and Special High Density Residential (SHDR, 20 du/acre). Page 176 of 279 IPUD District Revisions(CDRV 20-001) Memo PZ No. 20-037 Building, site development standards and uses were established for the new R-4 zoning district. They mostly matched those of the R-3 district, corresponding to the Medium Density Residential FLU classification. Proposed Changes Currently, the two residential FLU classifications with the highest densities are the aforementioned HDR and SHDR categories. Both can be used with the Planned Unit Development district (PUD) zoning citywide as appropriate. The HDR classification is also applicable citywide with its corresponding R-4 district, while SHDR with the corresponding Infill Planned Unit Development (IPUD) district is limited to areas east of Interstate 95. Staff proposes to: • Eliminate the R-4 designation, and • Add IPUD as a zoning district under the High Density Residential FLU. If the proposed amendment is approved, the HDR/IPUD configuration would only be available similarly to SHDR/IPUD—east of I-95. The IPUD zoning district is intended to meet infill redevelopment needs in areas east of I-95. Since the requirement of a 3-acre minimum project area was eliminated in 2019, the IPUD designation has been available for much smaller redevelopment sites, often adjacent to low density residential neighborhoods. The proposed amendment allows IPUD to be used with HDR, a land use classification with a maximum density of 15 du/acre significantly lower than the 20 du/acre of the SHDR, the only FLU category that can now be paired with IPUD. Moreover, IPUD would replace R-4; unlike R-4, which is a conventional district governed by simple numerical parameters, IPUD includes design standards that go beyond the basics in terms of site design, architecture and landscape and thus can provide a better transition to adjacent developments, more effectively minimizing projects' adverse impacts while providing for an improved project design. Please note that the CRA Plan includes site-specific FLU recommendations, including those for HDR classification, for its entire area. However, no property has been reclassified to HDR category since its inception. Elimination of the R-4 district will have therefore no impact on the properties on the ground, since none are currently zoned R-4. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRA Community Redevelopment Plan and revising LDRs to support quality redevelopment and economic growth in the CRA and city- wide. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 20-001 IPUD District amendments\CDRV 20-001 IPUD District Revisions Staff Report 1_16 20.docx -2- Page 177 of 279 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE 11. DEFINITIONS RESIDENTIAL ZONING DISTRICT - Whenever the words "residential district" or "residential zoning district" are used, they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R-1-AA single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi-family residential; -4 Fna lti- �r ri" ®�o�law,+ori; IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development. 1 Page 178 of 279 iARTICLE III. RELATIONSHIP TO COMPREHENSIVE PLAN Sec. 5. Future Land Use Map (FLUM). A. Adoption. The designation boundaries hereinafter set forth and delineated on the future land use map, including all explanatory matter thereon, is hereby adopted. The future land use map shall be maintained as a digital format GIS document. The most recent version of the land use map shall be kept on file, in printed form, in the office of the City Clerk. B. FLUM Classifications and Corresponding Zoning Districts (Table 1-1). The following table shows the future land use map classifications and their corresponding zoning districts: Zoning Districts LDR McDR HDR SHDR OC LRC GC MXL MXM MXH I R PPGI DRI (7.5 (11) (15) (20) (20) (50) (80) R-1-AAB 5.5 R-1-AA 5.5 R-1-A 6 R-1 7.5 R-2 <10 R-3 11 IPUD PUD MBPD C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU-C M-1 PID REC PU 2 Page 179 of 279 Future Land Use Map Classifications: LDR: Low Density Residential MXL: Mixed Use Low McDR: Medium Density Residential MXM: Mixed Use Medium HDR: High Density Residential MXH: Mixed Use High SHDR: Special High Density Residential L Industrial OC: Office Commercial R: Recreation LRC: Local Retail Commercial PPGL Public & Private Government/Institutional GC: General Commercial DRI: Development of Regional Impact 3 Page 180 of 279 CHAPTER 3. ZONING ARTICLE 1. OVERVIEW Sec. 4. Official Zoning Map. This set of regulations together with the official zoning map with explanatory matter thereon, shall be known, used and may be cited as the "Official Zoning Regulations of the City of Boynton Beach, Florida." A. Adoption. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, are hereby adopted. The official zoning map shall be maintained as a digital format GIS document. The most recent version of the official zoning map shall be kept on file, in printed form, in the office of the City Clerk. B. Updates. The City Commission may amend the official zoning map from time to time by ordinance. The official zoning map shall be notated to list all revision dates and ordinance numbers. C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R-I-AA Single-family residential district R-1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi-family residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district 4 Page 181 of 279 MU-1 Mixed use 1 district MU-2 Mixed use 2 district MU-3 Mixed use 3 district MU-4 Mixed use 4 MU-C Mixed use Core district M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation district 5 Page 182 of 279 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS Sec. 1. Overview. A. General. Pursuant to Chapter 1, Article III, Section 5.13., any given parcel of land in the city shall have a zoning district that corresponds with the Future Land Use Map (FLUM) classification of the Comprehensive Plan. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL AA AA A R-1 Dupl Mu ti MUW IPUD PUD MHPD B ex Density(dwelling units Flexible' Flexible' Flexible' per acre): 5 5.5 6 7.5 10 11 0 0 0 Project Area,Minimum N/A N/A N/A N/A N/A N/A N' N/A 5+ 10+ (acres) Lot Area per unit, 9,00 8,000 7,50 6,00 4,50 4,000' Minimum(square feet): 0 8 0 0 0 2 a Flexible Flexible 4,200 Lot Frontage,Minimum 90 75 60 60 75 100 440 Flexible Flexible N/A (feet): Living Area,Minimum 1,80 1,600 1,40 1,20 750 750 X41 Flexible Flexible N/A A/C(square feet): 0 0 0 Lot Coverage, 45% 45% 45% 50% 40% 40% 4404 50% N/A N/A Maximum: Floor-Area-Ratio(FAR) for Non-Residential, N/A N/A N/A N/A N/A N/A 4'A N/A N/A N/A Maximum: Structure Height, 30 30 30 30 25 456 4� 457 456 30 Maximum(feet): Building Setbacks, Minimum(feet): Front: 25 25 25 25 25 40 Flexibles Flexibles 20 Interior side: 10 108 7.5 7.5 10 20 Flexibles Flexibles 5 Comer side: 254 254 254 254 254 40 Flexibles Flexibles 1011 Rear: 204 204 204 204 25' 40 40 Flexibles Flexibles 1011 Special rear yard setback reductions for 1-story building Maximum Percentage of Reduction: additions abutting: I-95 or railroad 50% 50% 50% 50% N/A N/A N' N/A N/A N/A tracks: Intracoastal 50% 50% 50% 50% N/A N/A 4'A N/A N/A N/A Waterway(ICWW): Lake: 50% 50% 50% 50% N/A N/A NSA N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A 414 N/A N/A N/A Canal wider than 150 50% 50% 50% 50% N/A N/A 414 N/A N/A N/A feet: 6 Page 183 of 279 Canal narrower than 33% 33% 33% 33% N/A N/A 4/ N/A N/A N/A 150 feet: 1: Commercial/industria 50% 50% 50% 50% N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 1 50% 1 N/A N/A N'A N/A N/A N/A Perimeter wall 50% 50% 50% 50% 1 N/A N/A N/A N/A N/A abutting non-residential: Administrative Maximum Percentage of Reduction(to standard yard setback): Adjustment: Front yard: 20% 20% 20% 20% N/A N/A N'A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/AN/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A 414 N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 9 9 11 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed by administrative adjustments. 2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2)front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1)additional foot for every foot of building height in excess of thirty (30)feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. See Note#5 for additional setback requirements relative to building height. 7. A lesser building height may be required for compatibility with adjacent properties. See Note#5 for more setback requirements relative to building height. 8. The minimum lot area shall be seven thousand, five hundred (7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13, 1975. 9. Total usable open space shall be calculated at two hundred (200)square feet per dwelling unit (also see Chapter 4, Article III, Section 8.). 10. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 11. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the setback required for a single-family residence. 12. Multi-family dwellings and group homes require four thousand (4,000)square feet. All other uses allowed in R-3 a4444-4-require twenty thousand (20,000)square feet. ................... Sec. 2. Residential Districts. ......................... Page 184 of 279 (_ n r,Pfe_f�srwefsr ®c rrinetfe�f f 4ac frenf ° arsta sl (6—I I-9 E`� t""ra I srs rl a o Irfor"sto tk�va a�c�°aara C31srs TI>va 2. "" 29"" ° ? Mu N, ;__ -4 C`ata (T-ki^ `2_°M nm AlAignili monrtnorsrrsrx re ""rsrers_racnorlarsto�l ""c^ae^"" -e-e (R..,<.wdenti.p AT<. 1 il/iwsww.v.sg.v. ln4 �nY.4� . r,E) ya Minifflum living area! 650 4� li B:IR HIM, lnl 6 B� 14-5 8 Page 185 of 279 l iwg.w,�.,,,�. ln4 7C1 C1C1C1 n € ew- il/iwswwM,,m lot ,nY.4a . lips, B .,s T 4a F� 20 fl-et E)Ffief 6i4&i i ps, B .,s ➢�,BY.� 65 n Fa a T p wxi...,,,,, 1, t n0/ R 61 ti—_RS eRe'so '� nA Ar%r%r^xin1 r^r°»ac° 6w l' rso as �rsrl �r c cue Wr �e ra ra�to-R"' nra�e I�rsrle terga feu effa s nHEy Multiple �au'olrlorsry s-rarswaot ed eff /lrta If Yt08irsau' n;; C!+,-^+ nrlArsry Iaras'araarstc IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the.1 filth Densitv Re dentIp' 'I", Ees pecial nigh ensity residential (SHDR) future land use map (FLUM) classification, of the Comprehensive Plan. This district is intended for infill purposes, promoting new development and redevelopment in areas located east of Interstate 95 at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine-oriented and water dependent uses in both mixed use developments and limited single-use projects. The IPUD district includes design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, 9 Page 186 of 279 parking lot and circulation design, and setbacks, will be dependent on how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval, any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not necessarily be limited to, proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district creates an opportunity to promote sustainability with respect to land use, energy conservation and resource management. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have been impacted by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.D. ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-12). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage 4: Flexible' 10 Page 187 of 279 Minimum perimeter yard setbacks: Front: Flexible' Rear: Flexible' Interior side: Flexible' Corner side: Flexible' Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet3 Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one hundred fifty (150)feet and a minimum average width of two hundred (200)feet. 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning, the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30)feet. If vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A lesser building height may be required for compatibility with adjacent development. See Note#2 above for additional setback requirements relative to building height. 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.D.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 25. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.D.6. 7. Miscellaneous. a. See Chapter 4, Article 11, Section 4.13.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. 11 Page 188 of 279 c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. h. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. ................. . PUD Planned Unit Development District . MHPD Mobile Home Planned Development District 12 Page 189 of 279 CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations ................. B. General Rules of Use Matrix. The following general rules are applicable to the use matrix: r 1-2. Business Activity. All business activity and uses shall be conducted within a fully enclosed building, and on the same property, unless otherwise specified. External use of property, or use of abutting rights-of-way for accessory use, may require approval as described in Chapter 2 and/or from entities having jurisdiction over the subject rights-of-way. Although building and site regulations would not apply (i.e. minimum setbacks, minimum lot standards, maximum lot coverage, etc.), the accessory use or activity proposed off the premises must comply with the use regulations and performance standards, as well as all associated site development standards,building codes, and applicable approval requirements of any outside entity having jurisdiction. 2=3. Terms. Whenever the word "district" is used, it is construed to mean zoning district. Column Headings in Title Block. a. The major column headings in the title block of the use matrix (i.e., residential, commercial, mixed use, industrial, and miscellaneous) are further defined in Chapter 1, Article II, Definitions. b. The regulations of each zoning district(e.g., R-1-AAB, R-1-AA, etc.) shown in the title block of the use matrix are described in Chapter 3, Article III, Zoning Districts and Overlay Zones. 4 . Fire Department Hazardous Material Disclosure. Any use which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as 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, shall require Fire Department Hazardous Material Disclosure in accordance with City Code of Ordinances Part 11, Section 9-71. =76. Drive-Through Facilities. Drive-up, drive-through, and drive-in facilities require conditional use approval unless otherwise specified. The facility, including the stacking lanes, must not be visible from public rights-of-way where located within the SMU district, MU-L1 district, MU-L2 district, and MU-L3 district. Furthermore, these facilities are prohibited in the MU-H and PID districts for all establishments listed under the "commercial" and "public & civic" use groups. See Chapter 4, Article VI, Section 3.17. for additional standards regarding queuing and vehicular stacking. _ Distribution of Narcotics and Other Controlled Substances. a. Purpose and Intent. These Regulations are in connection with the mass effort to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and the impacts upon land uses that are associated with businesses that would operate principally to dispense pain medications for chronic pain but without the services of typical medical offices that provide thorough on-site examinations, medical treatments or procedures, and continued medical oversight. Such businesses have been determined to be 13 Page 190 of 279 associated with the excessive use of, addictions to, and subsequent illegal sales/distribution of addictive controlled substances. b. Applicability. This section applies to all medical,professional and business offices, clinics, and any other use or establishment that dispenses narcotics and other controlled substances. Such uses shall be subject to the following: (1) On-site dispensing of controlled substances that are identified in Schedule II, III, or IV in F.S. §§ 893.03, 893.035 or 893.036, is prohibited, unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition: (a) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is only intended to treat the patient during that particular treatment session. (b) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (c) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (d) A health care practitioner when administering or dispensing a controlled substance to a person under the age of sixteen (16). (e) A health care practitioner when dispensing a one-time, seventy-two (72)-hour emergency resupply of a controlled substance to a patient. c. Enforcement. (1) Law enforcement officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this section and may issue citations, arrest and arrest with warrant persons acting in violation of this section. (2) Law enforcement officers shall have the authority to seize, confiscate and impound any substance, or other article which, upon probable cause, they find to be used or possessed in violation of this section. (3) The city may prosecute violations by issuance of notices to appear for violation of a city ordinance, in which case, the penalty for a violation shall be as follows: (a) First violation - $100.00; (b) Second violation within twelve (12) months of adjudication of first violation - $500.00; and (c) Third violation within eighteen (18) months of adjudication of first violation - $1,000.00. Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. (4) A violation of this section may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of Chapter 15, Article 8 of the City of Boynton Beach Code of Ordinances and/or F.S. Chapter 60. (5) Any person convicted of violating any of the terms or provisions of this article or any code, requirements, or standards adopted hereby shall be subject to the penalties as provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In addition, the city 14 Page 191 of 279 may use any equitable or legal remedy available at law to enforce any violation of the terms or provisions of this section. 1 Prohibited Use of Public Parking Spaces. Major and minor motor vehicle or boat repair, including oil changes, adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or loading areas and is declared to be a public nuisance. Commercial property owners engaged in the sale of motor vehicle or boat parts, oils, or lubricants, shall post notices within their premises in close proximity to check out counters or exit doors notifying customers of this prohibition. Violations of this provision of the code is subject to enforcement through code enforcement action, nuisance abatement action, municipal ordinance violation, or action for injunctive relief. Law enforcement officers are authorized to issue notice to appear for violation of this section. i`34. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article II are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as landscaping or other types of screening, may apply on a case-by-case basis as determined by the Director of Planning and Zoning. Miscellaneous. It should be noted that each use category may contain additional limitations or restrictions. Please refer to the definitions (see Chapter 1, Article I1), the applicable zoning district regulations in Chapter 3, Article III, and the supplemental regulations in Chapter 3, Article V. C. Use Matrix Legend. Uses regulated herein are classified in one (1) or more of the following categories: 1. "P" -Permitted Uses. A permitted use is allowed by right within a zoning district provided that all development regulations are met. A permitted use must be conducted on a site in order to have accessory or ancillary uses on that site. Uses identified with a"P" on the use matrix are permitted by right in the district, subject to compliance with 1)the additional standards indicated in the "Note" column, which directly corresponds with Section 3.E. below; and 2) any other applicable requirements prescribed by these Land Development Regulations. 2. "C" - Conditional Uses. A use that because of special requirements or characteristics may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district, subject to compliance with the following: 1) additional standards indicated in the "Note" column, which directly corresponds with Section 3.E. below; 2) standards for evaluating conditional uses in accordance with Section 4 below; and 3) any other applicable requirements prescribed by these Land Development Regulations. 3. "A" - Accessory Uses. A use that is customarily incidental to the principal use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a permitted principal use in the district, subject to compliance with the following: 1) additional standards indicated in the "Note" column, which directly corresponds with Section 3.E. below; and 2) any other applicable requirements prescribed by these Land Development Regulations. The nature of the principal use will determine the use review authority required to review and approve the accessory use. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. 15 Page 192 of 279 4 \,'acam Lox. At acam box (h a( commils, 110 sJun I!'I es, (!,I a( (he luse caieuory , ........... a o\N ec", \N [(!'I[II Cif- III'u zml III !c,1HSJflC'L ............... ...................................................................................................... ........... A 9A _Dis+fflie+,� The fie, a� t;SeS� If, J- '2 14 n&n-Fe-si4ential aSeS y —to 1.16-1-Ho Elf, E111OW " 1.1 &44ea!d-1 Gar=e," and A r=+s, Fint f I d Li S+FF ell I'- s F—F-3— J- --feside—i— uses shal. rer- develepments 4anti -eff _86atien� Nen anly be a4ewe" 1E)H Of RE)a 1-844 stfeets elassified as "Ar=+FeRal" 'On d-le "Rifleti0fial f'.1assifieat. B eynten Beaeh-k;�pr-ehensive Phan- ------e�� -FE)fitage� An W h E) 6 8 R 4-1 1 ft e"d W._11 H,e p F Oje 6+1 W i d-1 R ei d-1 e F e R+ff a ft 6 e S R E)F e�i 1+1 8 R E)F Vi Sibl.e fF 8 M E)F I- 16 Page 193 of 279 D. Use Matrix (Table 3-28). P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m isml ooN M N M 7 m U Z)v v v v v a cn a a RESIDENTIAL&LODGING Accessory Dwelling P P P P P P P P Unit 36 36 36 36 36 36 36 36 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 37 Dwelling, P P P P P P R P P P Single-family (detached) Dwelling, Two- P P R P P P P P P C family(duplex) Dwelling, Multi- P R P P P P P P P family(including 6 6 34 27 Townhomes) 6 Dwelling Units in P P P P P P P P Mixed Use Buildings 6 6 6 6 6 27 Group Home Type P P P P P P 1 (2 per room up to 40 40 40 40 40 40 10 residents, limited service) Group Home Type P C G C 2(2 per room up to 14 40 i4Q 40 14 residents, 40 limited service) Group Home Type C G C C C P P C C C C 3(comprehensive 14 44 40 40 40 40 40 40 40 40 40 service) 40 48 Hotel&Motel P P P P C C C C P P P 41 41 41 41 41 41 41 41 41 41 41 P P P P P P P P P P P P P P Home Occupations 34 34 34 34 34 34 34 34 34 34 34 34 34 34 Live-Work units P P P P P P P 42 42 42 42 42 42 27 P Manufactured Home 17 Page 194 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m a 0 Q N M y Z) Z) _ r N M 7 m U W 0 0 0 0 0 W a a :2 U U U U U a cn :2 :2 a a W COMMERCIAL Retail Sales Art, Book,Craft, P P P P P P P P P P P P P A A Hobby, Music, 18 1 43 10 17 17 17 17 17 28 20 20 Sporting Goods, 17 43 &Toys Auto Dealer, New P P P 14 14 44 16 16 44 44 Auto Dealer, Used P P P 14 14 44 16 16 44 44 Automotive Parts P P P P P P P P P P P Store 17 17 17 17 1 17 23 27 Beer,Wine, P P P P P P P P P P &Liquor 35 35 35 17 17 17 17 17 17 15 Store 35 35 35 35 35 35 27 35 Boat Dealer/Rental C A A 45 16 16 45 45 Cleaning Supply P P P P P P P P P P P P Store 1 17 17 17 17 17 22 28 (Swimming Pool, Janitorial) Clothing& P P P P P P P P P P P P P Accessories 18 110 17 17 17 17 17 28 17 30 Convenience Store P P P P P P P P P P P P P P 2 2 3 3 7 35 17 17 17 17 1 17 22 15 3 3 35 35 35 35 35 35 35 11 35 35 27 8 35 35 35 Cosmetics, P P P P P P P P P P P P P Beauty supply,& 18 1 10 17 28 Perfume 30 Electronics& P P P P P P P P P P P P P Appliance 1 10 14 14 14 17 22 28 Store 30 Florist P P P P P P P P P P P P P P P 18 1 1 17 17 17 17 17 17 22 27 8 Furniture& P P P P P P P P P P P P P P Home furnishing 18 1 10 17 17 17 17 17 22 2 17 28 30 Gasoline Station C C C C C C 46 46 46 46 16 16 46 46 18 Page 195 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m Q Q Q N M O p = N M 7 Opo U p p p p p OU 0 0 0 0 0 0 a a U U U U O a cn :2 :2 a a W COMMERCIAL Retail Sales Grocery Store P P P P C P P P P P 10 17 17 17 17 17 27 17 47 47 47 47 Hardware Store P P P P P P P P P P P P P 2 48 17 17 17 17 17 17 22 27 48 48 48 48 48 1 48 Health& P P P P P P P P P P P P P P P Personal Care 18 17 17 17 17 17 17 22 27 (Eyeglass, 68 Medical Supplies, Hearing-Aids) Home Improvement P P P P Center 10 16 16 27 49 Jewelry, Luggage, P P P P P P P P P P P P P &Leather Goods 18 1 1 17 17 17 17 17 17 1 28 Marine Accessories P P P P P P P P P P P P P 1 17 17 17 17 17 17 22 28 50 50 50 50 50 50 Merchandise, P P P P New 10 16 (Supercenter, 16 27 Discount, 51 Department, Club) Merchandise, Used P P P P P P P P P P P P P (Antique Shop) 18 1 52 52 52 52 17 17 17 17 17 17 27 52 52 52 52 52 52 52 52 52 Merchandise, Used P P P P (Other) 53 53 53 15 27 53 Mobile Vending Unit P P P P P P P P P P P P (MVU) 54 54 54 54 54 54 54 54 54 54 54 54 Multiple-Vendor P P P P Market 55 55 55 15 27 55 Novelty, Gift, P P P P P P P P P P P P P A A Souvenir,& 18 1 17 17 17 17 1 17 27 20 20 Miscellaneou 11 21 Nursery, Garden Ctr P P P P P &Farm Supply 2 3 3 3 3 3 56 56 56 22 56 56 Office Supplies P P P P P P P P P P P P &Stationery 1 17 17 17 17 17 17 28 Pet Store&Supplies P P P P P P P P P P P P P 18 1 17 17 17 17 17 17 28 19 Page 196 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m Q Q Q N M O p = N M 7 Opo U p p p p p OU c a a U U U U U a cn :2 :2 a a W COMMERCIAL Retail Sales Pharmacy&Drug P P P P P P P P P P P P P Store 1 2 57 57 57 57 17 17 17 17 17 17 15 57 57 57 57 57 57 57 57 27 57 Restaurant P A P P P P P P P P P P P P P A A 18 �58 2 58 158 158 58 17 17 17 17 17 17 58 27 20 20 58 58 58 58 58 58 58 58 58 58 21 58 Restaurant,Take-out P P P P P P P P P P P P P P P A A 18 2 2 17 17 17 17 17 17 59 28 20 20 8 21 Showroom P P P P warehouse 10 10 10 10 (single-product line) 0 0 0 0 Specialty Food Store P P P P P P P P P P P P P 18 2 2 27 11 Tile and Carpet P P P P P P P P P P 10 17 17 17 17 22 24 17 1 1 1 1 1 1 28 COMMERCIAL Services Auto Broker P P P P P P P P Auto/Car Wash A C C C A (Polishing, 60 60 60 60 60 Waxing,Detailing) Auto/Car Wash, C C C Self-serve Bay Automobile Rental A P C P P 61 3 61 16 16 61 61 61 Automotive,Minor A C P C P A Repair 62 62 3 62 3 62 62 62 Automotive,Major P Repair 3 13 63 Automotive A P P C P P Window 64 64 64 64 64 26 Tinting/Stereo Installation/Alarms Bar&Nightclub C C C C C C C C C C 16 14 14 16 16 27 16 16 Caterer i i i 1 P P P P P P C 22 20 Page 197 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m a O= Z) _ N M :2 Z) Z) Z) Z) Z) U w af af af c a a :2U U U U U a cn :2 :2 :2 :2 :2 a a w COMMERCIAL Services Check Cashing P P P P 65 65 65 27 Coin-operated P P P P P P P P P P P Laundry 1 1 17 17 17 17 27 8 Day&Trade C P Labor Pool 13 (Temporary Help) Dry Cleaner P P P P P P P P P P P P P P 2 2 66 66 166 66 66 66 166 66 66 166 22 27 8 66 66 66 66 Fortune Teller, P Palm Reader, 22 or Psychic Funeral Home C C P P P C C C A 3 3 3 16 16 16 3 67 Interior Decorator P P P P P P P P P P P P P P Studio 18 11 11 11 11 11 11 22 Landscaping C Debris Stockpiling 10 3 Locksmith P P P P P P P 1 22 Mobile Vending P P P P P P P P P P P P P P P P P Unit(MVU) 54 54 54 54 54 54 54 54 54 54 54 54 54 54 54 54 54 Personal P P P P P P P P P P P P P P P Care(Beauty, 18 8 1 68 68 68 68 17 17 17 17 17 17 22 27 Hair,Nails) 68 68 68 68 68 68 68 68 68 68 68 Pet Care A C C C C C C C P C (Boarding 69 69 69 69 69 16 16 16 3 27 and Daycare) 69 69 69 22 69 69 Pet Care P P P P P P P P P P P P P (Grooming) 17 17 17 17 17 17 22 27 Pet Care P P P P P P P P P P P P P P (Veterinary 16 16 16 16 16 16 22 27 Services) Photography P P P P P P P P P P P P P P P A A Studio 18 18 17 17 17 17 17 17 22 27 20 20 Postal/Mail Center A P P P P P P P P P P P P P 70 1 70 70 70 70 16 16 16 16 16 16 22 28 170 70 170 170 70 70 70 70 170 21 Page 198 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m Q Q Q N M O p = N M 7 Opo O p p p p p OU c a a U U U U O a cn :2 :2 a a w COMMERCIAL Services Repair/Maintenanc P P P P P P P P P P P P P e,Personal and 1 1 17 17 17 17 17 22 Household Goods 8 Repair, Rental,& P P P P Maint of 71 71 12 Home/Garden Tools Repair, Rental, P P P P P P P P P P P P &Maint of 10 17 17 17 17 Office,Home 17 Equip Travel Agency P P P P P P P P P P P P P P P 181 1 17 17 17 17 17 17 22 27 19 19 Tuxedo, P P P P P P P P P P P P Formal Wear, 1 17 17 17 17 17 17 27 Costume Rental Videos,Games P P P P P 1 P P P P P P P &DVD Rental 1 14 14 14 1 1 27 OFFICE&HEALTH CARE Bank and Financial P P P P P P P P P P P P P Office 1 16 16 16 16 16 16 27 31 Business or P P P P P P P P P P P P P P P P Professional Office 18 8 18 73 73 73 73 73 73 22 28 19 1 19 1 1 31 Call Center P P P P P P P P P P P P P C 5 5 5 5 5 5 5 13 29 Copying, P P P P P P P P P P P P P P Printing,and 2 17 17 17 17 17 17 22 Sin Design CounselingP P P P P P P P P P P P P P 1 16 16 116 16 16 16 22 27 31 31 Diet/Nutrition Center P P P P P P P P P P P P P 1 17 17 17 17 17 17 22 27 31 Hospital P 72 Information and Data P P P P P P P P Processing 1 29 Investigative Service P P P P P P P P P P P P P P P 8 1 16 16 16 16 16 16 22 27 31 Manufacturer P P P P P P P P P Representative 1 1 24 28 31 22 Page 199 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m Qa o o a o o Z) N M 7 U � � N M y _ N M 7 m O 0 0 0 0 w w a a U U U U O a cn a a w OFFICE&HEALTH CARE(Cont'd) Medical Care or P P P P Testing(In-patient) 14 14 14 14 101 101 101 101 102 102 102 102 Medical or P P P P P P P P P P P P P P Dental 1 16 116 116 16 16 116 22 24 Imaging/Testing/ 27 Support Services 31 Medical or Dental P P P Laboratory 13 29 Medical or Dental P P P P P P P P P P P P P P Office(Out-patient) 1 16 16 16 16 16 16 22 27 31 Real Estate Business P P P P P P P P P P P P P P 18 18 16 16 16 16 16 16 27 19 19 31 Social Service C C P P Agency 74 74 Temporary P P P P P P P P P P P P P Employment Agency 16 16 16 16 16 16 27 31 ARTS,ENTERTAINMENT&RECREATIONAL Adult Entertainment C C C P P 75 75 75 13 75 75 Artist Studio P P P P P P P P P P P P P P A A 18 18 76 76 76 76 76 76 76 76 76 76 20 20 Arts Campus P P P 18 18 18 Entertainment, P P PP P P P P P P P P P A Indoor 1 11 11 11 11 11 11 22 27 21 77 14 14 14 77 Entertainment C C Outdoor 78 78 Gym, Fitness P P P P P P P P P P P P &Health Club 18 10 11 11 11 11 11 27 19 11 14 14 14 Indoor Athletic P P P P P P P P P P P P P P Instruction/Training 18 1 1 14 14 14 1 1 19 Marina, (including P P P P P P P Yacht Club) 79 79 11 11 11 11 11 79 79 79 79 79 MuseumP P P P P 18 18 18 23 Page 200 of 279 P =Permitted Residential Commercial Mixed-Use Indu Misc C=Conditional A=Accessory strial Q Q ai N M O O a N M 7 O O Z) N M q U Q o 0 o aa U a � � � � � a U o — ARTS,ENTERTAINMENT&RECREATIONAL(Cont'd) Rentals, P P P P P P P P P P A Recreational 11 11 11 11 11 11 21 (bicycles,canoes, 14 14 14 personal 80 80 80 watercraft) Shooting P P P P Range,Indoor 4 29 Sightseeing&Scenic P P P P P P P P P P P P Tours 81 81 81 81 81 81 11 11 11 11 11 11 81 81 81 81 81 81 Theater P P P P P P P P P P P P P P 18 18 82 82 82 82 11 11 11 11 11 11 20 18 82 82 82 14 14 14 82 1 82 1 82 82 82 82 82 24 Page 201 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m aa o oa o o Z) N M 7 U N M y Z) Z) _ N M 7 m U :2 Z) Z) Z) Z) Z) W 0 0 0 o a a a a U U U U O a cn :2 :2 a a a PUBLIC&CIVIC USES Cemetery A A A A A A A A P 3 3 3 3 3 3 3 3 83 83 83 83 83 83 83 83 Church C C C C C C P P P P P P P 33 33 33 33 84 84 15 15 15 15 84 84 84 84 Civic&Fraternal P P C C C C Club/Organization 3 3 15 14 14 14 15 15 15 Government, P P P P P P P P P P P P P P P P P P P P P P P P Municipal Office/ 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 25 Emergency/ Civic Facilities Government, P Municipal Utility/ Support Facilities Government, P P P P P P P P P P P P P P P Non-Municipal 1 1 1 1 1 1 5 86 86 5 5 5 86 24 Office Facilities 5 5 5 86 86 86 86 25 28 31 86 Government, P Non-Municipal Utility/Support Facilities Government,Post C C C C C C C P Office EDUCATIONAL College, P P C C P P P P Seminary, 15 15 15 Day Care C C C C C C P C C C C C C P P P P P P P 33 33 33 33 87 87 8 87 11 11 11 11 11 11 22 87 87 87 87 87 14 14 14 School, Industrial C P P &Trade 22 26 School, Primary and C C C C C C P P P Secondary 33 33 33 33 25 School, Professional P P P P P P P P P P P P P &Technical 18 18 15 15 15 15 15 24 27 31 Tutoring and Testing P P P P C P P P P P C C P P Centers 11 11 11 11 11 11 22 24 27 31 25 Page 202 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m Q a o o a o o � O N M yy� _ N M 7 m O c a a U U U U O a cn a a W INDUSTRIAL Manufacturing, Fabrication&Processing Bakery,Commercial C P P 9 9 26 Beverage Mfg C P P 9 9 26 Converted Paper P P Product Processing 13 26 Dairy Products Mfg C P P 9 9 26 Electrical P P Equipment, 13 26 Appliance& Component Assembly Food Processing C P P 9 9 26 Footwear&Other P P Leather Products 23 26 Frozen Food C P P 91 1 1 19 26 Furniture Products P P 23 26 Glass Products P P 23 26 Ice Cream&FrozenC P P Dessert 9 9 26 Jewelry Mfg P P 23 26 Medical Equipment P P &Supplies 23 26 Metal, Fabricated P P Products 23 26 Motor Vehicle P P Seating& 23 26 Interior Trim Ornamental,China, P P Fine Earthenware, 23 26 &Pottery Paint, Coating P P &Adhesive 23 26 Pharmaceutical P P &Medicine 23 26 Plastic Products P P 23 26 26 Page 203 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m aa o o a o o Z) N M 7 U N M y � _ r N M 7 m U 5 Z) Z) � w oC a a v v v v U a cn :2 :2 :2 :2 a a INDUSTRIAL Manufacturing,Fabrication&Processing (Cont'd) Rubber Products P P 23 26 Soap&Toiletry P P 23 26 Sporting Goods and P P Toys 23 26 Stone cutting& P P finishing 23 26 88 88 Textile Products P P 23 26 Wood Products P P 23 26 INDUSTRIAL Storage, Distribution&Wholesale Packing& P P Shipping,Trucking, 13 29 and Moving Storage, Boats/ A A A A P Motor/Recreationa 89 89 89 89 13 1 Vehicles 1 1 189 Storage, Self-Service C C C C P 5 5 5 5 90 11 11 11 11 90 90 90 90 Warehouse, Internet P P P Sales 26 Warehousing C P P 12 23 26 Wholesale Trade C P P 12 23 26 INDUSTRIAL Services Boat Repair P 13 91 Carpet and P P P Upholstery 92 22 26 Cleaning Services Contractor P P C 93 23 29 93 93 Dry Cleaning Plant P P 13 26 27 Page 204 of 279 P =Permitted Residential Commercial Mixed-Use Indus Misc C=Conditional A=Accessory trial m a Q Q N M O p = N M 7 Opo U p p p p p pU W W a a U U U U U a cn :2 :2 a a W INDUSTRIAL Services Exterminating and P P Pest Control 3 26 13 Glass and Mirror P P P 23 26 Janitorial and P P P General 13 26 Cleaning Lawn Maintenance P P &Landscaping 94 13 Service 94 Publishing& P P Commercial 23 26 Printing Radio&TV P P P P P P P P Broadcasting 95 95 95 95 95 95 95 29 95 Recording Studio P P P P P P 29 Rental/Leasing P Industrial& 13 Commercial 32 Equipment Repair/Maintenance P Industrial& 13 Commercial 32 Equipment Research& P P Development 96 29 Scientific/ 96 Tech no log ica I Security Services P P P P P 13 29 Sewer/Septic P C &Waste Mgmt 3 4 Cleaning 13 26 97 97 Taxi, Limo, Charter P P P C P P Bus 1 98 98 98 98 3 98 13 98 Testing Laboratory P C 13 26 Towing, Motor P Vehicle 3 13 AGRICULTURAL Community GardenP P P P P P P P P P P P P P P P P P P P P 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 28 Page 205 of 279 ARTICLE V. SUPPLEMENTAL REGULATIONS Sec. 13. Wireless Communication Facilities (WCF). D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. ... ... ... ... .... 6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment. ... ... ... ...... e. Zoning Districts and Affiliated Process (Table 3-29). Non- Non- Mitigation Concealed Concealed Antenna Co- Zoning concealed concealed of Attached Freestanding Element location District WCF 1 Attached WCF 4 Freestanding Existing Replacement 8 WCF 2 WCF 4 WCF 7 R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD CC 3 AD AD AD A-11 AD CCc - AD A11 A11 PUD AD AD CC AD AD AD IPUD AD AD CC AD AD AD MBPD CC 3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU-1 AD AD CC AD AD AD MU-2 AD AD CC AD AD AD 29 Page 206 of 279 MU-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU-c AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD -Administrative (Staff)Approval CC - City Commission (Public Hearing)Approval Blank- Not Allowed Zoning Districts: R-1 Single-Family Residential C-1 Office Professional SMU Suburban Mixed Use R-2 Duplex Residential C-2 Neighborhood MU-1 Mixed Use 1 Commercial R-3 Multi-Family Residential C-3 Community MU-2 Mixed Use 2 Commercial C-4 General Commercial MU-3 Mixed Use 3 PUD Planned Unit CBD Central Business MU-4 Mixed Use 4 Development District IPUD Infill Planned Unit PCD Planned Commercial MU-C Mixed Use Core Development Development MHPD Mobile Home Planned REC Recreation PID Planned Industrial Development Development PU Public Usage M-1 Light Industrial f. Maximum Heights of WCF (Table 3-30). Non- Non- Mitigation Concealed Concealed Antenna Zoning Attached FreestandinElement concealed concealed of Co- District WCF Attached WCF g Freestanding Existing Replacement location WCF WCF WCF R-1 55'3,4 7 7 7 R-2 2 55'3,4 7 7 7 R-3 1 2 55'3,4 7 7 7 2 c5'3T -7 -7 -7 PUD 1 2 75'3,4 7 7 7 IPUD 1 2 75'3,4 7 7 7 30 Page 207 of 279 MBPD 55'3,4 7 7 7 C-I 2 55'4 7 7 7 C-2 2 55'4 7 7 7 C-3 1 2 75'4 7 7 7 C-4 1 2 75'4 7 7 7 CBD 1 2 130'4 7 7 7 PCD 1 2 75'4 7 7 7 REC 1 2 100'4 100'4,5,6 7 7 7 PU 1 2 100'4 100'4,5,6 7 7 7 SMU 1 2 70'or less 4 7 7 7 MU-1 1 2 70'or less 4 7 7 7 MU-2 1 2 70'or less 4 7 7 7 MU-3 1 2 70'or less 4 7 7 7 MU-4 1 2 70'or less 4 7 7 7 MU-C 1 2 70'or less 4 7 7 7 PID 1 1 2 100-150'4 100-150'4 7 7 7 M-1 1 2 100-150'4 100-150'4 7 7 7 ... ... ... ... ... ... .... g. Setbacks and Separation Between WCF (Table 3-31). Non- Non- Mitigation Concealed Concealed Antenna Zoning Attached concealed concealed of Co- Freestanding District WCF Attached WCF Freestanding ExistiElement ng Replacement location WCF WCF WCF R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 4 2 t � PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MBPD 3,4 6 7 C-I 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 31 Page 208 of 279 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-1 1 2 3,4 6 7 MU-2 1 2 3,4 6 7 MU-3 1 2 3,4 6 7 MU-4 1 2 3,4 6 7 MU-C 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 32 Page 209 of 279 9.A. CITY MANAGER'S REPORT 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Approve the below dates for FY 20/21 Budget Workshops which will be held at the Intracoastal Park Clubhouse: Monday, July 13, 2020 @ 5:00 RM. Tuesday, July 14, 2020 @ 10:00 A.M. Wednesday, July 15, 2020 @ 2:00 P.M. Explanation of Request: Our FY 2020/2021 Budget process is underway. Proposed Budget Workshops are scheduled to be held July 13-15, 2020 at the Intracoastal Park Clubhouse. Typically the Commission staggers the starting times to accommodate the public's attendance. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. As a reminder, Tuesday, July 14, 2020 the CRA will meet at 5:30 pm. 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: Page 210 of 279 11.A. NEW BUSINESS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proposed Resolution No. R20-020-Approve and ratify appointment of Kathryn Matos as Assistant City Manager-Administrative Services, pursuant to City Code of Ordinances, Chapter 2, Article 11, Section 2-30(b). 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: ATTACHMENTS: Type Description D Resolution Resolution ratifying the appointment of Assistant City Manager Kathryn Mates D Addendum Resume- Kathryn Mates Page 211 of 279 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVE AND RATIFY 4 APPOINTMENT OF KATHRYN MATOS AS 5 ASSISTANT CITY MANAGER - ADMINISTRATIVE 6 SERVICES; AND PROVIDING FOR AN EFFECTIVE 7 DATE. 8 9 WHEREAS,the Assistant City Manager—Administrative Services is currently vacant; 10 and 11 WHEREAS, pursuant to City Charter Article II, Sec. 20(a), the appointment or 12 discharge of the Assistant City Manager by the City Manager is subject to confirmation by the 13 City Commission; and 14 WHEREAS, pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2- 15 30(b) the City Manager has the authority to recommend, in her discretion, to the commission 16 the creation of the position of Assistant City Manager or designate with the commission's 17 consent an employee of the city to act in this capacity; and 18 WHEREAS, the City Manager is recommending the appointment of Kathryn Matos 19 as Assistant City Manager—Administrative Services; and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 21 best interest of the Citizens and residents of the City of Boynton Beach to approve and ratify 22 the appointment of Kathryn Matos as Assistant City Manager—Administrative Services for the 23 City of Boynton Beach. 24 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. i S:ACA\RESO\Ratify Hiring Of ACM Matos-Reso.Docx Page 212 of 279 28 Section 2. The City Commission approves and ratifies the appointment of Kathryn 29 Matos as Assistant City Manager—Administrative Services for the City of Boynton Beach. 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this day of March, 2020. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 58 (Corporate Seal) 2 S:ACA\RESO\Ratify Hiring Of ACM Matos-Reso.Docx Page 213 of 279 KATHRYN M. MATOS, M.P.A. 11290 NW 15th Court I Pembroke Pines, Florida 33026 (786) 253-9246 I kathryn.m.matos@gmail.com SUMMARY Seven years' experience in municipal administration, distinguished by providing expertise and strategic leadership in navigating the political process and securing resources from outside agencies at the County, State and Federal level. Able to analyze and work effectively in a highly complex and fast-paced political environment with experience in the following areas: • Legislative Affairs &Advocacy • Operations & Project Management • Public Speaking • Grant Writing& Management • Budget Development& Oversight • Policy Analysis & Development • Intergovernmental Affairs • Human Resources Management • Continuous Process Improvement& Benchmarking • Strategic Planning EXPERIENCE Assistant to the City Manager, City of Sunny Isles Beach, FL Mar. 2013-present Achievements: • Secured over$4M in funding for City projects • Successful coordination of 5 beach renourishment projects totaling $14M • Successful implementation of innovative technology solutions • Successful advocacy to raise visibility of City to County, State& Federal level agencies Duties & Responsibilities: • Oversight of legislative affairs including tracking legislation, working with state elected officials to amend language in proposed bills, working closely with elected officials & administrators of County, State & other municipalities on projects, regional issues, funding opportunities, etc.; regularly travel to Tallahassee to lobby for City's interests & liaison with City lobbyist • Project/Program Management ■ Oversee Citywide grant program ■ Oversee Beach Renourishment/Erosion Mitigation—primarily consists of coordinating with outside governmental agencies & strategizing to receive outside resources for the City ■ New program development includes starting internship program & implementation of mobile parking application • Public speaking includes regularly giving presentations in front of Florida Legislature,County Board of Commissioners, City Commission, & other agencies &jurisdictions as needed • Supervise Manager's Office support staff& interns • Oversee performance reporting of Departments & Departments Directors • Prepare& Oversee budget for City Manager's Office, City Commission &various capital projects • Contract negotiation & management of multiple contracts over $1 million • Policy analysis & development including state & federal bills, personnel policies, Title VI & IX • Assistance with day-to-day City administration & resolution of constituent complaints Management Intern, Village Manager's Office, Village of Pinecrest, FL Aug. 2012- Dec. 2012 Achievements: • Successful implementation of credit card tracking system • Successful integration of hurricane plan into Comprehensive Emergency Management Plan Duties & Responsibilities: • Assisted Village Manager with day-to-day operations & assignments Page 214 of 279 KATHRYN M. MATOS, M.P.A. 11290 NW 15th Court I Pembroke Pines, Florida 33026 (786) 253-9246 I kathryn.m.matos@gmail.com Youth Program Coordinator, Old Cutler Church, Miami, FL Aug. 201 1-Mar. 2013 Achievements: • Revamped programs & events to increase quality& impact while decreasing costs • Taught students the value of community engagement&volunteerism Duties & Responsibilities: • Oversaw staff, programs & events • Coordinated with community organizations to create community service days for students • Grant research &writing • Created & managed program budget Civic Engagement Coordinator, Americorps, University of Miami, FL Aug. 2010-Aug. 2011 Achievements: • Successful integration of civic engagement components into undergraduate curriculum • Established positive working relationships with faculty, students & community organizations Duties & Responsibilities: • Grant research &writing • Developed & implemented new programs (service learning, internships, workshops, symposiums, etc.) • Researched, compiled &analyzed data for projects & reports • Created & delivered presentations to faculty, administrators, students & community partners • Created & implemented assessments for cost control & enhancing programs & events EDUCATION Master of Public Administration, Florida International University, Miami, FL Dec. 2012 Bachelor of Arts in Communication, Eckerd College, St. Petersburg, FL May 2007 PROFESSIONAL MEMBERSHIPS &AFFILIATIONS Miami-Dade City& County Management Association, Executive Board —Treasurer 2019/20 Florida City& County Management Association 2017-present FCCMA Fiscal &Administrative Policy Committee 2019/20 FCCMA Awards & Scholarships Committee 2019/20 Florida League of Cities, Land Use & Economic Development Policy Committee 2019/20 International City/County Management Association 2016-present American Society for Public Administration 2011-present Grant Professional's Association 2014-present Pi Alpha Alpha, National Honors Society for Public Affairs &Administration Inductee 2012 Page 215 of 279 11.B. NEW BUSINESS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Proposed Resolution No. R20-021 -Approve the 2020 update to the City of Boynton Beach Climate Action Plan. Explanation of Request: The City of Boynton Beach began planning for climate change a decade ago with the release of its first Climate Action Plan in 2010 and adoption of the Southeast Florida Regional Climate Change Compact in 2012. In 2018, the City joined the Global Covenant of Mayors for Climate & Energy—an alliance of more than 9,200 cities around the world committed to climate leadership. Staff has updated 2020 Climate Action Plan (CAP)which offers a robust set of strategies and actions to reduce Boynton Beach's greenhouse gas (GHG) emissions. This plan reflects the latest science, aligns with international standards for GHG reduction, integrates the City's other strategic planning goals and initiatives, and emphasizes the importance of ongoing, equitable community engagement. (Note that this CAP focuses on climate mitigation, i.e., reducing GHG emissions. Climate adaptation, i.e., preparing the community for impacts of climate change, will be addressed in a separate planning process.) How will this affect city programs or services? The CAP serves as the main guiding document for sustainability in the City. While geared primarily toward GHG reduction, the CAP strategies are expected to produce a number of additional benefits for the citizens, economy, and environment of Boynton Beach. The co-benefits include Cost Savings, Economic Development, Public Health, Ecosystem Protection, and Climate Resilience. The CAP presents eighteen (18) GHG emission reduction strategies: Six(6) for Government Operations and twelve (12) for the Boynton Beach Community. Each strategy is subdivided into three categories that generally align with the structure of the emissions data: 1) Transportation, 2) Buildings, and 3) Waste. The strategies will be implemented across City departments in collaboration with the Sustainability Leadership Team. Details on each strategy—including an inventory of City progress and a list of specific recommended actions—are included in the Strategy Implementation Guide in the CAP Appendix Fiscal Impact: Budgeted Funding for CAP actions is determined on a project-by-project basis. Currently, funding for sustainability in governmental operations is included in multiple budget catagories including the Utilities Administration budget, City Capital Improvement Program (CIP), and Utilities CIP. Community-wide GHG reduction initiatives are supported in part through the Green Building/Sustainable Community Fund with revenue collected from the Green Building Fee. The City also takes advantage of grant opportunities from federal, state, local, and private funders to support City and community-wide climate action. Alternatives: Not approve the 2020 update to City' Climate Action Plan Strategic Plan: Strategic Plan Application: The Strategic Plan identifies six top six priorities for the City: Culturally Distinct Page 216 of 279 Downtown, Building Wealth in the Community, Transportation and Mobility, High Performing Organization, Public Health and Safety, Environmental Sustainability. Implementation of this CAP is the key strategic project within the area of Environmental Sustainability. In addition, many of the co-benefits of this plan overlap with the City's other strategic priorities. Climate Action: Yes Climate Action Discussion: This is an updated version of the City's Climate Action Plan. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Draft Plan D Resolution Resolution D Attachment CAP Appendix Page 217 of 279 i��hYdhpOXOWt�rt»,� - ��4�1`��\#�t�„s .��j��s11��(SD� Local ActionsPolicies Greenhouse Gas Emissions CITY OF Page 219 of 279 Credits and Acknowledgments This Climate Action Plan is the result of the hard work and dedication of many people including the Sustainability Coordinator, the Sustainability Intern, the consultants at SustainaBase, the Staff Sustainability Committee, and the Sustainability Advisory Team. We are grateful for the support of the Boynton Beach City Commission and that of partner organizations including the Southeast Florida Regional Climate Change Compact, Florida Sustainability Directors Network, Southeast Sustainability Directors Network, the Global Covenant of Mayors for Climate and Energy, the Carbon Disclosure Project, and ICLEI — Local Governments for Sustainability, USA (ICLEI). Elements of this plan were developed based on a template provided by ICLEI (April 2018). The "co-benefit" icons were provided by the Memphis-Shelby County Office of Sustainability and Resilience. City Commission Staff Sustainabillity Committee • Mayor Steven B. Grant • Rachel Baldino • Vice Mayor Justin Katz • Amanda Bassiely • Commissioner Mack McCray • Luis Bencosme • Commissioner Christina Romelus • Craig Clark • Commissioner Ty Penserga • Latosha Clemons • Debby Coles-Dobay City Manager • Matthew Doyle • Lori LaVerriere Gary Dunmyer • John Durgan • Danielle Goodrich Office of Sustainabillity • Alan Karjalainen • Rebecca Harvey, Sustainability Coordinator Shane Kittendorf • Amanda Morris, Sustainability Intern Eleanor Krusell • Laura Lansburgh SustainaBase, LLC Andrew Mack • Matthew Zirkelbach, Co-Founder and President Debbie Majors • Holly Lichtenfeld, Sustainability Consultant Wally Majors • Lauren Thead, Director of Projects Eric Marmer • Hanna Matras Sustainabillity Advisory Team • Manny Mcllroy • Davidson Monestime • Michael Fitzpatrick Christopher Roschek • Lisa Hanley Michael Rumpf • Elle Harrington David Scott • Alex Kerr Thuy Shutt • Ron Lovell Stephanie Soplop • Gillian Luongo Ronald Tapper • Jack Macfadyen • • Danielle Mckeon • Susan Oyer • Elle Rappaport Page 220 of 279 List of Abbreviations BAU = Business as Usual Compact = Southeast Florida Regional Climate Change Compact CAP = Climate Action Plan CDP = Carbon Disclosure Project CIP = Capital Improvement Program FCCMA = Florida City and County Management Association FPL = Florida Power and Light FPU = Florida Public Utilities FSDN = Florida Sustainability Directors Network GCoM = Global Covenant of Mayors for Climate & Energy GHG = Greenhouse Gas GHGI = Greenhouse Gas Emissions Inventory GPC = Global Protocol for Community-Scale Greenhouse Gas Inventories ICLEI = International Council for Local Environmental Initiatives IPCC = Intergovernmental Panel on Climate Change LGOP = Local Governmental Operations Protocol MTCO2e = Metric Tons of Carbon Dioxide Equivalent Emissions PACE = Property Assessed Clean Energy RCAP = Regional Climate Action Plan SAT = Sustainability Advisory Team SSC = Staff Sustainability Committee SSDN = Southeast Sustainability Directors Network SWA = Solid Waste Authority of Palm Beach County USDN = Urban Sustainability Directors Network Page 221 of 279 Table of Contents Executiveurnrnary....................................................................................................................1 Introduction.........................................................................................................................---3 OurClimate Challenge............................................................................................................3 Local and Regional Climate Leadership ............................................................................... Global Covenant of Mayors for Climate and Energy............................................................ Plan Purpose and Vision ........................................................................................................6 Co-Benefits..............................................................................................................................7 CommunityEngagement ....................................................................................................... SocialEquity ........................................................................................................................... BoyntonBeach's GHG Emissions ..........................................................................................11 Types of Greenhouse Gas Emissions.................................................................................11 Greenhouse Gas Emissions Inventories ...........................................................................11 Government GHGI Results...................................................................................................1 CommunityGHGI Results ....................................................................................................13 Emission Reduction Targets................................................................................................16 GHG Emission Reduction Strategies.........................................................................-----1 Implementation and Monitoring ..............................................................................................24 EndNotes...............................................................................................................................—25 Appendix: Strategy Implementation Guide............................................................................27 Page 222 of 279 Page 223 of 279 The City of Boynton Beach started planning for climate change a decade ago with the release of its first Climate Action Plan (CAP) in 2010 and adoption of the Southeast Florida Regional Climate Change Compact in 2012. In 2018, the City joined the Global Covenant of Mayors for Climate & Energy—an alliance of more than 9,200 cities around the world committed to climate leadership. This updated 2020 CAP offers a robust set of strategies and actions to reduce Boynton Beach's greenhouse gas (GHG) emissions. This plan reflects the latest science, aligns with international standards for GHG reduction, integrates the City's other strategic planning goals and initiatives, and emphasizes the importance of ongoing, equitable community engagement. This CAP focuses on climate mitigation, i.e., reducing GHG emissions. Climate adaptation, i.e., preparing the community for impacts of climate change, will be addressed in a separate plan. Vision Statements This CAP sets forth the following long-term visions for our community: • Make Boynton Beach a regional and national leader in sustainability through innovative policies, programs, and partnerships. • Become a leader in energy efficiency and clean energy that comes from the sun, wind, or other renewable technologies. • Create a greener Boynton Beach by enhancing the tree canopy and native plant and wildlife communities. • Transform Boynton Beach into a community where people walk, bike, take transit, or carpool for most trips in a safe, accessible, and affordable transportation network. • Inspire community action and ensure that the benefits of climate action are shared equitably among all community members. Co-Benefits While geared primarily toward GHG reduction, the strategies in this plan are expected to produce a number of additional benefits for the people, economy, and environment of Boynton Beach: • Cost Savings by reducing costs of electricity and vehicle fuel/maintenance • Economic Development by promoting local green businesses and ecotourism • Public Health by reducing air pollutants and promoting active lifestyles • Ecosystem Protection by enhancing greenspace and reducing plastic pollution • Climate Resilience by reducing urban heat and promoting resilient energy systems GHG Emission Reduction Targets and Strategies Following recommendations of the Intergovernmental Panel on Climate Change (IPCC) and ICLEI-Local Governments for Sustainability, the 2020 CAP establishes the following GHG emission reduction targets for both City Government and the Boynton Beach Community: • 50% reduction below 2015 levels by 2035 • Net zero GHG emissions by 2050 City of Boynton Beach Clivnate Action Flee Page 1 Page 224 of 279 The City has collected data on government emissions for calendar years 2006, 2015, 2017, and 2018; and for community-wide emissions for calendar years 2015 and 2017. Government emissions are in decline as a result of both 1) a reduction in the City's electricity consumption and 2) an increase in the percentage of electricity in the electrical grid that is generated from renewable sources. Community-wide emissions also decreased slightly from 2015 to 2017 despite a population increase. These downward trends suggest that the 50% reduction target by 2035 is feasible. The CAP presents 18 GHG emission reduction strategies: 6 for Government Operations and 12 for the Boynton Beach Community. The strategies are organized according to the structure of the GHG inventory data, enabling the City to track progress in direct relation to GHG metrics. Strategies for Government Operations: Strategies for Boynton Beach Community: 1. Transportation 1. Transportation & Land Use • Green Fleet • Compact & Mixed Use Development • Employee Commute Reduction • Bike & Pedestrian Infrastructure 2. Buildings & Facilities • Electric Vehicle Infrastructure • Building Efficiency • Transit Enhancement • Water Infrastructure Efficiency • Urban Forestry • Renewable Energy in Government • Greenspace Preservation Facilities 2. Buildings 3. Waste • Green Building Standards • Green Office Practices • Energy Efficiency & Conservation • Water Efficiency & Conservation • Renewable Energy Planning & Promotion 3. Waste & Consumption • Waste Reduction & Recycling • Sustainable Lifestyle & Consumption Each strategy is summarized in Table 1 (pages 18-20) with an objective statement, list of responsible departments, associated co-benefits, level of community priority, and level of GHG reduction potential. The Strategy Implementation Guide (Appendix) provides details about each strategy—including an inventory of City progress to date and a list of specific actions for future implementation. The CAP is a Living Document Progress on implementing CAP actions and meeting the GHG reduction targets will be tracked and communicated to City leaders and the community on an annual basis. The Strategy Implementation Guide (Appendix) is a living document that will be continually updated as the City completes the listed actions and refines them based on new information, technologies, policies, and priorities. We are working to develop it into an interactive plan that can be tracked in on an online platform. The City will also continue to report emissions annually to fulfill our commitment to the Global Covenant of Mayors for Climate and Energy. Funding for CAP actions comes from multiple sources including the Utilities Administration budget, the City Capital Improvement Program (CIP), the Utilities CIP, grant funding, and the Green Building/Sustainable Community Fund (via revenue from the City's green building fee). A number of regional and international sustainability networks offer ongoing technical assistance and guidance on best practices for financing climate action. City of Boynton Beach Clivnate Action Flee Page Page 225 of 279 Our Climate Challenge Climate, by definition, suggests a degree of stability and predictability in an area's prevailing long-term weather patterns. However, as we enter the 2020s, we can no longer assume that current and future weather patterns will resemble those of the past. The global climate is changing faster than at any time in modern history, presenting growing challenges to human health, quality of life, the economy, and natural systems. Average global temperature has increased by about 1.8°F (1°C) in the last century. Observed evidence demonstrates that this warming trend can only be explained by the effect of human activities, particularly the emission of greenhouse gases (GHGs) from the burning of fossil fuels) The following are some of the most salient effects of a changing climate for Boynton Beach: • Extreme heat: According to the National Oceanic and Atmospheric Administration, July 2019 was the hottest month ever recorded.ii The years 2014-2018 are the hottest years on record, and 18 of the 19 hottest years have occurred since 2001.iii The Union of Concerned Scientists project that in Palm Beach County, the annual number of days with a heat index above 105 degrees could jump from two (historically) to 120 in the late 21s' century.i° • Hurricanes: A warmer ocean produces more intense hurricanes and makes them intensify much more rapidly; and a warmer, wetter atmosphere causes them to produce more rainfall. Storm surges are becoming stronger and are resulting in more flooding as sea levels rise.° Recent science also indicates that shifts in the jet stream and the Bermuda High can hold storms in place longer, leading to more severe local impacts.vi • Sea level rise: Globally, average sea level has risen approximately 8-9 inches since 1880, and about 3 inches of rise has occurred since 1990.`'ii Nuisance flooding is becoming more frequent in low-lying areas of Boynton Beach and around South Florida, particularly in connection with seasonal "King Tide" events. The Unified Sea Level Rise Projection for Southeast Florida (updated in December 2019) recommends planning for a rise of 10-17 inches by 2040, 21-40 inches by 2070, and 40-92 inches by 2120, or more based on the adaptability and costs of the infrastructure.°iii Although some impacts are already locked in as a result of accumulated GHG emissions, the severity of future impacts may still be limited if actions are taken today. The latest analysis by the Intergovernmental Panel on Climate Change (I PCC) determined that global emissions must be cut by about 45% by the year 2030—and 100% by 2050—to avoid extreme consequences associated with a rise of 2.7°F (1.5°C) above preindustrial temperatures.ix To date, 185 nations and the European Union have ratified the Paris Agreement of 2015, which aims to keep global temperature rise to no more than 1.5° to 2°C above pre- industrial levels. The Agreement requires all parties to establish nationally determined contributions, to report emissions and implementation progress regularly, and to strengthen their efforts in the future.X At the United Nations Climate Action Summit in September 2019, 65 countries and major sub-national economies committed to net zero GHG emissions by 2050.Xi City of Boynton Beach Clivnate Action Flee Page 3 Page 226 of 279 According to the Global Covenant of Mayors for Climate & Energy, cities are home to more than half the world's population, consume more than two thirds of the world's energy, and account for more than 70% of global GHG emissions. Because land use, buildings, and transportation are largely controlled at the local level, cities have a significant role to play in reducing global emissions. Although some solutions to the climate crisis are beyond the authorities of local governments (e.g., regulating energy utilities, setting automobile efficiency standards), cities can wield their influence by passing local ordinances and zoning codes, leading by example, implementing community programs, partnering with utilities, and advocating for state actionX". Increasingly mindful of this power, cities around the world are launching ambitious climate initiatives to help meet national goals set by the Paris Agreement. ICLEI—Local Governments for Sustainability (ICLEI) reports that more than 400 cities and regions around the world have committed to ambitious climate action including carbon neutrality, divesting from fossil fuels, declaring climate emergency, and 100% renewable energy. The City of Boynton Beach is advancing its own commitment to climate leadership through the adoption and implementation of this 2020 Climate Action Plan. Local and Regional Climate Leadership The City of Boynton Beach began planning for climate change in 2008 through the leadership of a Green Task Force comprised of the Vice Mayor, Assistant City Manager, and seven City staff. The City hired CDM-Smith to conduct its first GHG inventory and develop its first Climate Action Plan (CAP) with input from staff and a Green Community Alliance consisting of 20 local subject-matter experts. The City received a 2010 Energy Efficiency Conservation Block Grant from the U.S. Department of Energy to complete the CAP as well as demonstration projects including five electric vehicle charging stations in City lots, solar panels and water heaters at Fire Station No. 5, and an energy-efficient lighting retrofit of the Ezell Hester Jr. Community Center. Adoption of the CAP (Resolution No. R10-150) was soon followed by the establishment of a voluntary Green Building Program (Ordinance No. 11-014). The City's Green Building Program received the 2011 Gala Verde Award for Green Outstanding Government by the U.S. Green Building Council's South Florida Chapter, and the CAP was awarded the 2012 Award for Program Excellence from the Florida City and County Management Association (FCCMA). The City's initial climate action progress coincided with regional action, as Broward, Miami-Dade, Monroe, and Palm Beach Counties united to form the Southeast Florida Regional Climate Change Compact in 2010. The City of Boynton Beach was one of the first municipalities to join the Compact (December 4, 2012) and served as the municipal representative for Palm Beach County during the Compact's initial years. The Compact provides a forum for information exchange, policy advocacy, and leveraging of funding opportunities; and facilitates municipal climate action planning through products such as the 2015 Unified Sea Level Rise Projection, 2012 Regional Climate Action Plan (RCAP), and 2017 RCAP 2.0. Boynton Beach remains an active member and is using the RCAP 2.0 as guiding document for many of the strategies and actions detailed in this CAP. The City released a revised CAP in 2015 (adopted via Resolution No. R15-166), which integrated recommendations of the 2012 RCAP and tracked the status of progress since 2010. The 2015 CAP highlighted recent accomplishments, such as updating the Comprehensive Plan Coastal Element to consider sea level rise and other flood risks as mandated by the 2015 Peril of Flood statute (S.B. 1094); adopting a Greenways, Blueways, and Trails Master Plan (Resolution No. R15-143); and establishing a Property Assessed Clean Energy (PACE) financing program (Ordinance No. 16-017). To administer the 2015 CAP, the plan recommended creating a position for a dedicated full-time Sustainability Coordinator, which the City did in July 2017. The Sustainability Coordinator works under the direction of the Utilities Deputy Director and leads a Staff Sustainability Committee (SSC) consisting of 27 staff members from across nearly all City departments. The SSC meets quarterly to oversee the planning and City of Boynton Beach Clivnate Action Flee Page Page 227 of 279 implementation of the CAP, with smaller interdepartmental groups organized as needed to advance specific projects. The City's Office of Sustainability receives continual support from regional networks including the Florida Sustainability Directors Network (FSDN) and the Southeast Sustainability Directors Network (SSDN). Both groups organize annual in-person meetings and monthly phone calls to facilitate information sharing and build capacity for community sustainability across the state and region. They also draw on the resources of broader organizations such as the Urban Sustainability Directors Network (USDN) and ICLEI for education and technical assistance. Global Covenant of Mayors for Climate & Energy In 2018, the City of Boynton Beach elevated its commitment to climate leadership by joining the Global Covenant of Mayors for Climate & Energy (Resolution No. R18-030). The Global Covenant (GCoM) is an alliance of more than 9,200 cities and local governments, in 132 countries around the world, with a shared long-term vision of supporting voluntary action to combat climate change. The GCoM aims to advance city-level transition to a low emission and climate-resilient society by serving as a nexus across cities, city networks, research institutions, philanthropies, and the private sector. GCoM cities must report their climate data and actions annually on an official reporting platform. In 2019, GCoM partners ICLEI and the Carbon Disclosure Project (CDP) released a unified reporting system to streamline and standardize reporting across cities. CDP and ICLEI review cities' submissions, coordinate amendments, and award GCoM badges for Climate Mitigation and Climate Adaptation across three phases: Mitigation Inventory, Target, and Plan; and Adaptation Assessment, Goal, and Plan. In 2019 they added a third pathway for Access to Energy but have not yet begun tracking progress in this area. In 2019, the City of Boynton Beach was awarded the Mitigation badge for the Inventory phase (Figure 1). Upon adoption of this CAP, we expect to receive the Mitigation Target and Plan badges. As we also begin a separate Climate Adaptation planning process in the next year, we expect to advance along the Adaptation track as well. BADGES inventor MITIGATION Figure 1. Boynton Beach's current status in the Global Covenant of Mayors for Climate and Energy. City al Boymori Beadi Clivr.ate Action PWi Page Page 228 of 279 Both CDP and ICLEI provide ongoing technical assistance to facilitate the City's climate action planning progress. In addition, CDP provides feedback in the form of a scorecard rating cities' progress on climate action ranging from D (Disclosure) to C (Awareness) to B (Management) to A (Leadership). In 2019, the City of Boynton Beach received an overall score of C (Awareness), indicating that "Your city has begun developing assessment and measuring impacts to get a holistic understanding of the main impact climate change has on your city. This will allow you to understand the climate risks that face your city and thereby begin to create adaptation and mitigation plans." CDP gave us a score of C for both Mitigation and Adaptation, documented our progress vis-a-vis other cities in North America and globally, and provided recommendations to improve our City's score. Plan Purpose and Vision This CAP is a framework for the development and implementation of actions to reduce Boynton Beach's GHG emissions. By reducing emissions and promoting multiple co-benefits (as described below), this plan serves as the main guiding document for sustainability in the City of Boynton Beach. Sustainability means meeting the needs of today's residents without compromising the ability of future citizenry to meet their needs. The three pillars of sustainability are environmental stewardship, economic growth, and social responsibility. Vision Statements This CAP sets forth the following long-term visions for our community: • Make Boynton Beach a regional and national leader in sustainability through innovative policies, programs, and partnerships. • Become a leader in energy efficiency and clean energy that comes from the sun, wind, or other renewable technologies. • Create a greener Boynton Beach by enhancing the tree canopy and native plant and animal communities. • Transform Boynton Beach into a community where people walk, bike, take transit, or carpool for most trips in a safe, accessible, and affordable transportation network. • Inspire community action and ensure that the benefits of climate action are shared equitably among all community members. This CAP focuses on climate mitigation, i.e., reducing GHG emissions. Climate adaptation, i.e., preparing the community for impacts of climate change, will be addressed in a separate plan. Boynton Beach is currently initiating a climate adaptation planning process. In November 2019, the City signed an interlocal agreement to conduct a multi-jurisdictional climate change vulnerability assessment in collaboration with seven neighboring municipalities and Palm Beach County (Resolution No. R19-130). The vulnerability assessment is expected to be completed by March 2021 and will result in a prioritized list of adaptation strategies at the regional and community scales. This CAP was developed to align with existing City plans including the Comprehensive Plan; the 2015 Greenways, Blueways, and Trails Plan; and the 2016 Community Redevelopment Plan. Most recently, the City's Strategic Plan (approved by City Commission in June 2019) states the mission of the City of Boynton Beach as being "a vibrant and sustainable community that provides exceptional services." The plan establishes three strategic pillars—Vibrant and Resilient Living, Connected and Engaged Community, and Robust Local Economy—and six top six priorities for the City: Culturally Distinct Downtown, Building Wealth in the Community, Transportation and Mobility, High Performing Organization, Public Health and Safety, Environmental Sustainability. Implementation of this CAP is the City of Boynton Beach Clivnate Action Flee Page Page 229 of 279 key strategic project within the area of Environmental Sustainability. In addition, many of the co-benefits of this plan overlap with the City's other strategic priorities. Co-Benefits Actions to reduce GHG emissions produce a number of additional benefits for the environment, people, and economy of Boynton Beach. We have identified five major "co-benefits" that are expected to arise from the suite of GHG reduction strategies included in this plan. This list was developed based on a review of the academic Iiteraturexiii and other cities' Climate Action Plans (e.g., Memphis-Shelby County, City of Iowa City, and City of Solana Beach). I' Cost Savings: Many of the measures in this plan pay for themselves by reducing costs to the City and its residents. Encouraging energy efficiency, water efficiency, and adoption of renewable energy will lower utility bills for residents and businesses. Promoting use of alternative transportation such as bicycling, walking, public transit, ridesharing, and electric vehicles will lead to cost savings compared to fueling and maintaining a gasoline or diesel vehicle. City government can also enjoy substantial savings through increased efficiencies in buildings, facilities operations, and vehicle fleets. Economic Development: This CAP includes actions to support and incentivize locally held businesses, which will foster local economic development while reducing GHG emissions from transportation of products and services. The plan will enhance community vibrancy by promoting compact, mixed-use development and pedestrian- and bike-friendly neighborhoods. Initiatives to expand the City's tree canopy and greenspace will increase residential property values, viability of local businesses, and the City's appeal to outdoor recreationists. Many initiatives in the plan will support the growing "green economy" and job growth in sectors such as renewable energy, sustainable tourism, green construction, and urban forestry. Public Health: Actions that reduce GHG emissions also reduce other air pollutants such as particulate matter, SO2, NO, and ozone that are linked to asthma and other respiratory diseases. Climate mitigation activities help clean the air by reducing emissions from vehicles and power plants, therefore improving public health and reducing disease prevalence. This plan also increases opportunities for active lifestyles by promoting compact development and working to increase pedestrian/bicycle infrastructure. In addition, expanding urban tree canopy and greenspace can reduce stress, promote physical activity, and reduce rates of asthma, cardiac disease, and strokes from improved air quality. More trees will also help cool our city streets, reducing heat-related illnesses as our climate warms. Ecosystem Protection: Globally, GHG mitigation helps to prevent negative impacts on ecosystems, including biodiversity Toss, ocean acidification, soil degradation, water pollution, and the loss of ecosystem services. Here in Boynton Beach, we can help to safeguard native ecosystems by protecting 001 greenspace and planting native trees and vegetation to support populations of migrating birds, pollinators, and other wildlife. Water conservation and efficiency reduces GHG emissions from energy use while also protecting ecosystems by City of Boynton Beach Clivnate Action Flee Page 7 Page 230 of 279 avoiding negative consequences of drought. Waste reduction activities, particularly those focused on single-use plastic products, can help reduce the effects of harmful plastic pollution in our marine, freshwater, and terrestrial ecosystems. Climate Resilience: As noted, the City is developing a separate Climate Adaptation Plan that will focus on measures to increase community resilience to the impacts of climate change. However, there is some overlap between the two plans as some climate mitigation actions also help enhance climate resilience. r1% rN For example, planting trees increases carbon sequestration while also protecting against flooding by absorbing stormwater. Rooftop solar energy installations, when paired with battery backup, can increase resilience by providing backup power in the aftermath of a hurricane. Water conservation, particularly during the dry season, can help protect against saltwater intrusion in coastal wellfields as sea levels rise. Community The City of Boynton Beach recognizes that active and ongoing collaboration with the community is necessary to advance climate action and sustainability. Building on the Community Alliance concept from the City's 2010 CAP, and with support of the City Commission, City Manager, and SSC, the Sustainability Coordinator convened a Sustainability Advisory Team (SAT) in September 2018. The SAT is a core group of highly committed volunteers that serves as an ongoing link between the Office of Sustainability and the Boynton Beach community. The SAT meets monthly to provide oversight of the City's sustainability program, review products and publications, coordinate educational events and volunteer opportunities, and generate ideas for new initiatives. The SAT comprises 10 community members with a range of knowledge and interests, representing various City neighborhoods and local organizations including the Sierra Club, Citizens Climate Lobby, The Climate Reality Project, and The Reef Institute. SAT applications are accepted on an ongoing basis and new members are added when there are vacancies. The SAT identified the following priority topics for 2019-2020: Reducing & Recycling Single-Use Plastics, Protecting & Enhancing Greenspace, Promoting Residential/Community Green Options, Energy Conservation & GHG Reduction, Hurricane/Storm Surge Resilience, and Climate Change Awareness. Within these topic areas, team members are encouraged to spearhead individual projects with support from the SAT and Sustainability Coordinator. Current and recent SAT projects include the purchase of the City's "Aquafil" mobile water bottle refill station, the ongoing Galaxy Sand Pine Scrub Preserve restoration project, a recycling pilot project at Oceanfront Park, and research into solar energy development at the City's closed municipal landfill. The SAT volunteers also help to staff the City's sustainability table at community events, and served as facilitators at the Climate Action Workshop discussed below. To directly engage the community in the development of this plan, the City held a Climate Action Workshop on October 29, 2019, from 6:30 to 8:00 pm at the Boynton Beach Senior Center. The City promoted the workshop via the City website, newsletter, and social media; press release; targeted outreach to schools, faith groups, and environmental organizations; and in person through the distribution of fans and flyers at prior City events. Attendees represented a range of ages and a degree of racial and ethnic diversity. The overarching message of the workshop was that government and citizens need to work together to tackle the climate crisis. After an introductory presentation by the Sustainability Coordinator, participants rotated among five discussion tables on the following topics: City of Boynton Beach Clivnate Action Flee Page Page 231 of 279 Transportation, Energy &Water, Waste & Consumption, Trees & Greenspace, and Climate Adaptation. A volunteer SAT member facilitated each table. For each topic, participants were asked to brainstorm answers to two questions: "What can City government do?" and "What can citizens do?" At the end of the table rotations, participants were asked to identify 1) the top three actions they would like to see the City implement and 2) the top three actions they will commit to personally. The government actions with most "votes" included controlling or limiting development in risk areas, requiring more green space with a variety of native plants in new developments, planting more canopy trees, banning plastic bags, and installing microgrids. The citizen actions with the greatest commitments included refusing single-use plastics, pledging to buy an electric car, walking and biking more, eating at home more, and voting for climate aware candidates. The workshop results and SAT priorities were used to categorize GHG reduction strategies in this plan as low, medium, or high community priority (described in the GHG Emissions Strategies section below). Specific ideas from the Climate Action Workshop and the SAT were also integrated into the Strategy Implementation Guide (Appendix). Social Equity Historically, communities of color and low-income populations have been underserved by climate-related programs and investments, and underrepresented in decision making. These communities already experience institutional and systematic oppression resulting in less access to resources, capital, and services. For example, low-income communities and communities of color may lack access to healthy food, energy-efficient housing, and low-carbon, safe transportation options—disparities that result in fewer benefits from climate mitigation actions. Compounding this, climate change is likely to amplify the impacts of existing inequities. Frontline communities such as the elderly or chronically ill, people of color, the poor and homeless, people with disabilities, refugees, and immigrants are likely to bear the brunt of climate impacts without the necessary infrastructure and support systems. Boynton Beach is the third largest city in Palm Beach County (estimated 2019 population 77,696)with a racially diverse population including 64% White, 31% Black/African American, and 5% other races. Approximately 16% of the population is of Hispanic ethnicity. Compared to the state of Florida, Boynton Beach has a larger share of seniors over age 65 (21% vs. 19%), people in poverty (17% vs. 15%), people with disabilities (15% vs. 13%), and people without health insurance (18% vs. 15%). The City has higher housing-cost burdens than elsewhere in the state, with 39% of households paying more than 30% of their income on mortgage and 62% paying more than 30% of their income on rent. (These rates are 35% and 53%, respectively, in the state of Florida.)X'° The City is mindful of its diverse populations and prides itself on its inclusivity and accessibility. Building on this legacy of inclusiveness, the CAP is being developed and implemented with an eye towards social equity. Following the Southeast Florida RCAP, we embrace the goal of creating "equitable climate policies, programs, and decision-making processes that consider local socioeconomic and racial inequities and ensure all can participate and prosper."" Many of our partner organizations, including the Compact, FSDN, SSDN, GCoM, CDP, and ICLEI, offer resources and guidance to assist us in embedding equity into the climate action planning process. The primary ways to ensure an equitable CAP are to elicit diverse stakeholder participation and to consider the impacts that the recommended strategies may have on vulnerable populations. As described above, we seek diversity in community engagement by using targeted outreach to schools, faith groups, and partner organizations—and by reaching people in person at community events. Moving forward, we will work to ensure that the SAT comprises a diverse group of stakeholders from grassroots City of Boynton Beach Clivnate Action Flee Page Page 232 of 279 groups, business representatives, faith and spiritual communities, and multiple City neighborhoods. We will expand engagement with members of vulnerable communities and community leaders, and foster partnerships with intermediary organizations that have deep community ties. We will hold environmentally focused workshops and events in diverse City neighborhoods, and expand the presence of the Office of Sustainability into an array of existing City events and programs. We will seek opportunities to provide equity and social training for government staff and partners. From transportation, to energy efficiency, to tree canopy, many of the strategies and actions in this CAP have important equity considerations. As we implement the plan, we aim to apply an equity lens to all actions, programs, and policies. The following equity considerations, developed by the City of Portland and Multnomah County, Oregon, will serve as a guide during CAP implementation:—i • Disproportionate: Does the action generate burdens to disadvantaged communities? • Shared: Can the benefits of the action reduce historical or current disparities? • Accessibility: Are the benefits of the action broadly accessible? • Engagement: Does the action engage & empower communities in a meaningful & culturally appropriate manner? • Capacity: Does the proposed action help build community capacity? • Alignment & partnership: Does the action align with & support community priorities? • Relationship: Does the action help foster effective, long-term relationships? • Economic opportunity & staff diversity: Does the action support workforce development? • Accountability: Does the action have accountability to ensure equitable benefit? City of Boynton Beach Clivnate Action Flee Page 1 Page 233 of 279 Types of Greenhouse Gas Emissions Greenhouse gases (GHGs) make the planet warmer by trapping heat. There are different types of GHGs such as carbon dioxide, nitrous oxide, sulfur dioxide, and methane. In the United States, the most significant sources of human-induced GHG emissions come from the combustion of fossil fuels for transportation and the generation of electricity used in buildings and industry.x"" GHG reporting is becoming increasingly important. Nations, states, local governments and businesses are facing increased demand from stakeholders to demonstrate progress toward meeting carbon reduction commitments established by organizations like the GCoM and international agreements like the Paris Agreement. A city's GHGs are classified into three scopes for reporting purposes: • Scope 1: Direct GHG emissions that occur within the city • Scope 2: Indirect GHG emissions from the use of grid-supplied electricity, heat, or cooling • Scope 3: Other GHG emissions that occur outside the city as a result of activities taking place within the city In Boynton Beach, Scope 1 emissions consist primarily of the combustion of gasoline and diesel fuel from transportation, because these emissions are discharged directly from the tailpipe. Scope 2 emissions consist primarily of electricity purchased from Florida Power and Light (FPL), because fuel used to generate the electricity is combusted and emitted at a power plant located outside the City. Scope 3 emissions consist primarily of solid waste that is transported outside of the City to the waste-to- energy plants, recycling facility, and landfills operated by the Solid Waste Authority of Palm Beach County. Protocols require cities to report Scope 1 and 2 emissions, while reporting Scope 3 emissions is encouraged but considered optional. This is because Scope 3 data can be difficult to capture and cities may have limited influence on reducing Scope 3 emissions. An example of Scope 3 emissions not captured in our GHGIs include those resulting from the production of food and merchandise that is consumed in Boynton Beach. Greenhouse Gas Emissions Inventories A GHG emissions inventory (GHGI) involves collecting data for each scope of emissions for a particular jurisdiction and calculating the resulting quantity of GHGs emitted in metric tons. The GHGI is an important tool that forms the foundation of the City's CAP, enabling the City to set reduction targets and monitor progress. The GHGI also provides fine-scale data on electricity and fuel use in government operations, empowering staff to improve energy efficiency and reduce costs. City of Boynton Beach Clivnate Action Flee Page 11 Page 234 of 279 The City of Boynton Beach has been proactively conducting GHGIs for both government operations (Government GHGI) and the entire Boynton Beach City limits (Community GHGI) since the City's original CAP was developed in 2010. The Government GHGI focuses on emissions from activities, assets, and facilities controlled by the City of Boynton Beach. The Government GHGI is based on the Local Governmental Operations Protocol (LGOP—iii) Complete Government GHGIs were completed for calendar years 2006, 2015, 2017, and 2018. The Community GHGI focuses on emissions from activities, assets, and facilities controlled by the residential, commercial, and business sectors of the community. The Community GHGI is based on the Global Protocol for Community-Scale Greenhouse Gas Inventories (GPCXix) Complete Community GHGIs were completed for calendar years 2015 and 2017. For details on the GHGI methodologies, please contact the Office of Sustainability. Government GHGI Results Totaling data across all years inventoried, 72% of emissions from government operations were indirect Scope 2 generated from purchased electricity (Figure 2A). Twenty percent (20%) of emissions are direct Scope 1 generated mainly from the use of transportation fuel. Eight percent (8%) are Scope 3 generated from employee commuting and solid waste sent to the waste-to-energy plants, recycling facility, and landfills controlled by Palm Beach County. Another way to break down Government GHGI data is by sector as defined in the LGOP (Figure 2). Buildings and facilities generated 68% of emissions, followed by on-road transportation which generated 23% of emissions. Lighting from parks, garages and ballfields generated 5% of emissions followed by 3% from the South-Central Regional Wastewater Treatment Plant (SCRWWTP). Remaining sectors (solid waste, irrigation and pumps) accounted for only 2% and 0.3% respectively. Government H Emissions by LGOP Scope Government GHG Emissions bv LGOP Sectors AIS Years �n e oto e (2006, 2015, 2017,, 2018) AIS Years �n e oto e (2006, 2015, 2017,, 2018) t, �i{�iri�ii�`'�1t\l i S1t Ifti�hl i�f - alt !i ili+7�, i1�i��i it�fi Tit Is;\�`�tit�i ti >ir 1 tytf t n 1 ilsF fs� t i y i �r - � sIfl }Is1i� l��n -� \i1��t tit ii iis' s psi six S 1 S y1) �� S r�fitlSslt rV�iij(+i iRl�� l�}lt lti s s 2t 1( 5 S It i 71 l �i i � r rte A t i � it1 ity�hi t� rl rti�tifi4�4Si�W� f li it if �� aii=;Base 's aii=;Base R iotaT.ing a.4"Ga rag : fc a;wci ... c Rcad V-a3t� ei, of �n�cc idarie. � I �ar��i 3 �� A. B. Figure 2. Boynton Beach Government Greenhouse Gas Emissions Inventory results across all years inventoried by A) Scope and B) Sector. City of Boymori Beadi Clivnate Actiori PWi Page 12 Page 235 of 279 Emissions from government operations have gradually declined since calendar year 2006 from 28,000 Metric Tons of Carbon Dioxide Equivalent Emissions (MTCO2e) to 23,690 MTCO2e in 2018. This represents a 14% reduction from 2006 to 2018 or 4,040 MTCO2e (Figure 3). Scope 1 and 3 emissions declined modestly from 2006 to 2015 and then remained relatively constant from 2015 to 2018. The most significant reductions occurred in Scope 2 purchased electricity. This can be attributed to both 1) a decline in electricity consumption by the City and 2) an increase in the percentage of electricity in FPL's electrical grid that is generated from renewable sources such as solar. For example, City electricity consumption declined from 38,080,000 kilowatt hours in 2017 to 36,390,000 kilowatt hours in 2018. The electricity grid emissions factor also improved, declining from 0.555789 in 2017 to 0.4611047 in 2018. Government H Emissions by Scope by Year ( 1 ` e) 25.2JI< 24.511< <,' _ - -= Community G[iG Emissions by GPC Scope Community G[iG Emissions by GPC Sectors AIS Years �n e oto ed 15, 201 7) AIS Years �n e oto ed 15, 201 7) z � 4 i { o, u v A. B. Figure 4. Boynton Beach Community Greenhouse Gas Emissions Inventory results across all years inventoried by A) Scope and B) Sector. Community emissions have slightly decreased since calendar year 2015 from 904,666 Metric Tons of Carbon Dioxide Equivalent Emissions (MTCO2e) to 902,875 MTCO2e in 2017 (Figure 5).XX This represents an overall 0.2% reduction from 2015 to 2017. During this period, Scope 1 and 3 emissions increased while Scope 2 emissions decreased. Thus, the decline in emissions can be attributed to Scope 2 reductions due to both 1) a reduction in community electricity consumption in the residential sector (from 510,000,000 kilowatt hours in 2015 to 502,000,000 in 2017), and 2) an increase in the percentage of electricity in the electrical grid that is generated from renewable sources such as solar (see decline in grid emissions factor described in the Government GHGI section above). The reduction in residential electricity consumption is notable given that the Boynton Beach population increased 1.7% over this time period, from 72,784 in 2015 to 73,992 in 2017. Per capita GHG emissions thus decreased from approximately 12.4 MTCO2e in 2015 to 12.2 MTCO2e in 2017. City of Boymori Beadi Clivr.ate Actiori PWi Page 14 Page 237 of 279 Community GHGEmissions byScope by Year (MTCO22 500 00 2 m ss »« scc9Mgz » :c2: ac,,taii mase Figure \ Boynton Beach Community Greenhouse Gas Emissions Invemory results by scope and year. City ofB nbnBe&B9ia» %A<§onRq Page 15 Page 238 0 279 Emission Reduction Targets The 2018 special report by the IPCC concluded that, to stave off the most extreme consequences of a warming planet, global GHG emissions must be reduced by 45% from 2010 levels by 2030, and must be net zero (i.e., the amount of GHGs emitted is in balance with the amount sequestered or offset) by 2050.—i Because it is now the year 2020 and we are using the year 2015 as the baseline for community emissions reduction, we are following ICLEI's recommendation to modify these targets slightly to include an interim goal by 2035 and a long-term goal by 2050. The GHG emission reduction targets for the City of Boynton Beach are as follows: • 50% reduction from 2015 levels by 2035 • Net zero GHG emissions by 2050 The emissions projections below illustrate scenarios for meeting the 2035 target of a 50% emissions reduction. Beyond 2035, we anticipate advances in technology, affordability, and climate mitigation policy to facilitate progress toward achieving net zero emissions by 2050. Government Emissions Projection As noted, emissions from government operations declined by 14% from 2006 to 2018 as a result of both a reduction in the City's electricity consumption and an increase in FPL's use of solar power in the electrical grid. This decline was steeper than the target set by the City's 2010 Climate Action Plan (27% below 2006 levels by 2035). By 2018, the City had exceeded the CAP 2010 target by 1,182 MTCO2e (5%), demonstrating that an updated, more aggressive reduction target can feasibly be achieved. Figure 6 plots the measured Government GHGI results (2006, 2015, 2017, 2018) against the target of a 50% reduction below 2015 levels by 2035. The graph also displays two business as usual (BAU) scenarios, representing anticipated emissions that would occur in the absence of any action on the part of the City. Both BAU forecasts were calculated based on the historical trend in the City's electricity use data, but with two different assumptions about FPL's future electrical grid. The yellow dotted line (BAU with FPL Grid Improvement) assumes that FPL will continue to move toward clean energy at the rate they have been since 2006.XX"This BAU projection was calculated by extrapolating the downward trend from 2006-2018 in FPL's emissions factor (the coefficient representing the amount of GHG emissions from FPL's overall fuel mix). The pink dashed line (BAU No FPL Grid Improvement), on the other hand, assumes no change in the fuel mix in FPL's electrical grid going forward. This BAU projection was calculated by holding the emissions factor constant. The black line in Figure 6, the current trajectory of measured emissions, is close to the target line, suggesting that the target is achievable if we continue to reduce emissions at the rate we have been. As the majority of government emissions come from buildings and facilities, followed by the vehicle fleet, most of the reductions will need to be in these sectors. With the new Town Square development opening in 2020 (including a new City Hall and Library, Cultural Center, Police Headquarters, etc.), it is expected that the City's electricity use will increase in the short term. Thus, extra attention will be needed to ensure we can continue to meet the reduction target. City of Boynton Beach Clivnate Action Flee Page 1 Page 239 of 279 City 0fBoynton Beach Govern rneDtG[eeDh0USeG aSEmission Targets w\mm 34000 28,000 25,269 � 23,690'- 20,000 3.uyu a4cmo ~~ =~ 18.394 ~~ �� ~ LJ =~ 12,650 —Actual Measured Emissions (JUU6, lO15, 2U18) 10,000 -Emissions Reduction Target(5O%Below 2015 Baseline Levels by2U35) � Business As Usual With FPL Grid Improvement ~��^8ugneu�4aUsual Without FPL Grid Improvement u 2000 zoos zozo 2015 zozo zozs zoao zoas 2040 Year Figure 6. Boynton Beach government emissions target of 50%reduction ftom 2015 levels by 2035, compared to measured emissions and business oausual scenarios. Community Emissions Projection Figure 7plots the measured Community GHG| results (2O15and 2O17) against the target ofa5O96 reduction below 2015 |ava|s by 2035. The BAU forecasts were calculated basad on historical community- wide data combined with the two assumptions about FPL's grid changes as described above (FPL grid improvement and no FPL grid improvement). Thus far, the measured oommunity+widaamissions. is tracking along the BAU with FPL Grid Improvement forecast. The gap between the black and green lines indicates that achieving the community-wide target will require a sharp increase in activities to n8dUCe GHG emissions. Community emissions are split nearly evenly between transportation and buildings, so mitigation actions need tofocus onthese sectors. The next section describes 12 community-wide GHG reduction strategies (and 0 in government operations) that the City plans to implement toward achieving the 2035 and 2050 reduction targets. There are many ways to reduce emissions directly through solar energy, energy efficiency, electric vahio|as, etc.; and indirectly byplanting trees, prasarvin00raanspaoa. and purchasing renewable energy credits for off-site solar and wind installations. Moving forward, we will work toquantify GHG reduction potential of select actions to develop a more explicit pathway to meet the community-wide reduction target. City oyBoynton Beadh Ciimnote Action PWn Page 17 Page 240Of279 City of Boynton Beach Community Greenhouse Gas Emission Targets 1,400,000 1,223,973 1,200,000 1,000,000 975,736 904,666 0 800,000 0 600,000 --O—*Actual Measured Emissions(2015, 2017) LU 452,333 400,000 —Emissions Reduction Target(50% Below 2015 Baseline Levels By 2035) Business As Usual With FPL Grid Improvement 200,000 Business As Usual Without FPL Grid Improvement 0 2010 2015 2020 2025 2030 2035 2040 Year Figure 7. Boynton Beach community-wide emissions target of 50%reduction from 2015 levels by 2035, compared to measured emissions and business as usual scenarios. City of Bopitori BeacIli Clivnate Actior'i Plan Page 18 Page 241 of 279 The GHG emission reduction strategies are organized according to the structure of the GHGI data, enabling the City to track progress on strategy implementation in direct relation to GHGI metrics. First, the strategies are separated into the two levels of the GHGI: Government Operations and the Boynton Beach Community. Next, within each level, the strategies are broken into three categories that generally align with each scope of emissions, i.e., Scope 1=Transportation, Scope 2=Buildings, and Scope 3=Waste. GHG Reduction Strategies for Government Operations: • Scope 1: Transportation (2 strategies) • Scope 2: Buildings & Facilities (3 strategies) • Scope 3: Waste (1 strategy) GHG Reduction Strategies for Boynton Beach Community: • Scope 1: Transportation & Land Use (6 strategies) • Scope 2: Buildings (4 strategies) • Scope 3: Waste & Consumption (2 strategies) Table 1 provides a general overview of the 18 GHG reduction strategies included in this CAP. The Strategy Implementation Guide (Appendix) provides details about each strategy—including an inventory of City progress to date and a list of specific actions for future implementation. The action items listed in the Appendix will be continually tracked and updated in an interactive online platform as described in the Implementation & Monitoring section below. To identify and categorize the GHG reduction strategies in this CAP, we followed the three-step process for prioritizing climate mitigation work developed by the STAR Community Rating System–iii In the first step (Identify and Categorize Community Systems for Mitigation), we used a variety of sources to assess and categorize the numerous potential actions our community could take. Sources included the City's original 2010 CAP, the RCAP, the STAR Rating System, and ideas from other cities garnered through the FSDN and SSDN networks. In Step 2 (Identify and Overlay Existing Priorities), we enlisted the Staff Sustainability Committee to filter and augment the draft list of strategies/actions based on their knowledge of existing departmental priorities and initiatives; plans such as the Comprehensive Plan, Strategic Plan, Community Redevelopment Plan, etc.; City Commission and community priorities, and other local conditions that may affect feasibility. In the third step (Identify Secondary Benefits and Narratives), we utilized the Community Engagement processes described earlier to assess the perceived benefits of each action and the topics of highest priority. For each strategy, Table 1 lists the Strategy Number, Strategy Name, Objective, Responsible Departments, Co-Benefits, Community Priority, and GHG Reduction Potential. Strategy numbers begin City of Boynton Beach Clivnate Action Flee Page 19 Page 242 of 279 with G ("Government") or C ("Community") followed by a prefix (1, 2, or 3) corresponding to the scope of emissions. Each strategy was evaluated for the co-benefits it is likely to produce, which are indicated by the following symbols: Cost Savings Economic Development Public Health Ecosystem Protection io Climate Resilience Community priorities were determined based on the SAT priorities and Climate Action Workshop results described earlier. We started with the two action lists from the workshop (government actions and citizen actions) and categorized each action based on the organization of the CAP strategies (G-1.1 through C- 3.2). Some actions fell into more than one category (e.g., promoting use of native plants was categorized as both C-1.6 and C-2.3). We then tallied the total number of votes across all actions (both government level and citizen level) within each strategy. Total votes ranged from 1 (G-2.2 and C-1.1) to 56 (C-3.1). We aligned these scores with a "yes/no" indicator of whether the action was identified as a SAT priority. We then categorized each strategy as low, medium, or high priority based on the following rules: • Low Priority: <10 votes and SAT=No Ah Ah Medium Priority: 10-20 votes OR <10 votes and SAT=Yes • • • M&M High Priority: >20 votes and SAT=Yes GHG reduction potential was estimated based on contributions of each emissions scope as measured in the GHGI. In the Government GHGI, Scope 2 (Buildings & Facilities) account for the large majority of emissions (72%), so strategies affecting Scope 2 emissions are expected to have high reduction potential. Scope 1 emissions from fleet vehicles have a moderate contribution (20%), while Scope 3 emissions from employee commutingxxiv and waste produce relatively small contributions to overall GHGs. Community-wide emissions are nearly evenly divided between Transportation (46%) and Stationary Energy (i.e., Buildings; 51%), with 3% resulting from the Waste sector. Therefore, GHG reduction potentials are classified as high for strategies in the Transportation & Land Use and Buildings categories, with a few exceptions. Bike & Pedestrian Infrastructure and Transit Enhancement are considered to have medium reduction potential because relatively small populations use these alternative transportation modes. Urban Forestry and Greenspace Preservation are classified as medium because their effect on carbon sequestration is not directly quantifiable in the Community GHGI. The Energy/Water Efficiency & Conservation strategies are also considered medium because they require influencing behaviors of many community members to make a large impact. Finally, Sustainable Lifestyle & Consumption is considered medium, rather than low, reduction potential because it encompasses a range of behaviors that are not all quantified in the GHGI. Based on this analysis, the following symbols are used to represent GHG reduction potential: Low GHG Reduction Potential Medium GHG Reduction Potential High GHG Reduction Potential City of Boynton Beach Clivnate Action Flee Page 20 Page 243 of 279 P, § { r, •� 04 04 •4 t N 1 t � OIE"' - N t�A r t trit CD r , J > > LL LL � U U 2 d Y r s, N _ O � i U N N V) N O U O U > N E _ N N 4s N N O7 N Q Co to i to Y N wU_— O X (0 N � Co N N N U U N fA rz4- (0 E o E o > E O :3 O O > U U N ot to O __ 3< ,N (0 N E N O O' C)) > co Q _ _ N N to N N > > O i U N Q O N -O N N N O pia) p .L U O to to N O O N �( Q 0 i s i is N i �a) Co A N U >�.� co N -O N CO (0 4co (oCLO N U s si O Ni E 0 > N U `- N Q �� Co i N P N U N ._� O N N N N O O > � O (0 Q i N Q E N 4= N O Q O ++ 4= .N N �- _ N O (a � U O trtl� N U �- U E C" 0 O E -O Co (0 L O L s � N *mss Q i U C s O U i V _ co tq N N > U (7 r O E � O N l �- (0 U (0 1 N Q Q O= O a) � � € O N o — Q-a> > � O U ,LL o -0 (j) 3 O 3 U,_ Co CL O .— cnCL (n V) CL A4, Ch co > d U MX O � Ch O m j w € N co 0 °:'Z r l 1 r N N N ;W a) N M w0 CL CL r G w q? 0 0O N � N N t 0 U N Q—O V U > V t N ca cnE m (n m o co W G' s(n W r `, L N L r N M L it t 1,r rn Lo ME ME CL CN N its �nri¢� N j -0 ttt l- <ttt &t ¢ �a+23t �:m+23t �a+23t,. 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N M e} N N N = d %fir�sr t"N N N M M O II II Progress toward meeting CAP objectives is continually advancing as the Office of Sustainability coordinates numerous initiatives across City departments with support of the City Commission, the Sustainability Advisory Team, and partner organizations. The Strategy Implementation Guide (Appendix) includes a comprehensive summary of the City's progress to date and planned future actions for each of the 18 GHG reduction strategies. These details are continually changing as the City completes the listed actions and refines them based on new information, technologies, policies, and priorities. Thus, the information included in the Appendix is intended to be a living document. Funding for CAP actions is determined on a project-by-project basis. Currently, funding for sustainability in governmental operations comes from multiple sources including the Utilities Administration budget, the City Capital Improvement Program (CIP), and the Utilities CIP. We will continue to integrate energy and water efficiency into the CIP review process to ensure that sustainability is a standard design consideration in all capital projects. We will also explore the possibility of using novel funding mechanisms such as ESCO partnerships, performance contracting, and financing through green banks. The City's sustainability networks, including CDP, ICLEI, GCoM, and FSDN, offer guidance on best practices for financing climate action. Community-wide GHG reduction initiatives are also supported through City incentives and funding mechanisms. The City offers Property Assessed Clean Energy (PACE) financing to residents and businesses for energy efficiency, renewable energy, and wind resistance upgrades. The Green Building/Sustainable Community Fund has provided more than $74,000 in rebates for energy efficiency improvements through the Energy Edge Rebate Program. The fund's allowable uses were recently expanded to include renewable energy, electric vehicle infrastructure, bicycle/pedestrian facilities, transit options, waste-reduction activities, green infrastructure, and educational activities (Ordinance No. 19- 011). In addition, the City takes advantage of grant opportunities from federal, state, local, and private funders to support City and community-wide climate action. Examples of grant-funded projects include energy-efficient retrofits of City facilities, "Complete Streets" improvements, and tree canopy enhancement. Since 2015, the City has contracted with a local consulting company, SustainaBase LLC, to conduct the City's GHGIs and track results in their proprietary online platform of the same name. They have customized the platform to meet the City's needs, and will continually update the data to enable staff to analyze emissions by year, scope, sector, and resource—and even down to the level of specific City facilities and assets. The GHG emission reduction targets presented in this CAP will be integrated into SustainaBase, providing a dynamic tool for monitoring annual emissions in relation to near-term and long-term targets. The Office of Sustainability will report progress on CAP implementation and GHG emission reductions to City Commission on an annual basis. In addition, the City will continue to report emissions annually via CDP's public platform to fulfill our commitment to the Global Covenant of Mayors for Climate and Energy. City of Boynton Beach Clivnate Action Flee Page 24 Page 247 of 279 The next step is to transform the Strategy Implementation Guide included in the Appendix into an interactive plan hosted on an online platform. The Sustainability Coordinator is working with SustainaBase and ICLEI's ClearPathTM tools to develop a framework for updating the action plan and tracking progress on government-level and community-level implementation measures. Because we have structured this CAP in alignment with the levels and scopes of GHGI data, the plan can be monitored in direct relation to GHGI metrics. Progress on implementing CAP actions and meeting the GHG reduction targets will be continually tracked and communicated to City leaders and the Boynton Beach community. 'The Fourth National Climate Assessment,Chapter 2: Our Changing Climate;Key Message 1: Observed Changes in Global Climate.https://nea2018.globalchan�4e.ggy/ehapter/2/ "National Oceanic and Atmospheric Administration(NOAA)"July 2019 was hottest month on record for the planet"updated August 15,2019.https://www.noaa.gov/news/may-2019-was-hottest-month-on-record-for-planet "'National Aeronautics and Space Administration(NASA)2018. Goddard Institute for Space Studies,"GISS Surface Temperature Analysis(GISTEMP): Global-mean monthly,seasonal,and annual means,"last updated February,2018. https://data.giss.nasa.gov/gistemp/tabledata—v3/GLB.Ts.txt "Union of Concerned Scientists"Killer Heat in the United States: Climate Choices and the Future of Dangerously Hot Days" July 2019.haps://www.ucsusa.org/sites/default/files/attach/2019/07/killer-heat-analysis-full-report.pdf °Climate Central,"Hurricanes and Climate Change:What We Know," September 6,2017. http://www.climatecentral.org/gallery/graphics/hurricanes-and-climate-change-what-we-know;Climate Central,"Warmer Air Means More Evaporation and Precipitation,"September 6,2017.https://www.climatecentral.org/gallery/graphics/warmer-air- me ans-more-evaporation-and-precipitation °'WRLN"Is Climate Change Fueling More Intense, Stalling Hurricanes?"September 6,2019. haps://www.wlrn.org/post/climate-change-fueling-more-intense-stalling-hurricanes-0 °"The Fourth National Climate Assessment,Chapter 19: Southeast;Key Message 2:Increasing Flood Risks in Coastal and Low-Lying Regions.https://nca20l8.globalchan�4e.gov/chapter/19/ °'"Unified Sea Level Rise Projection, Southeast Florida Regional Climate Change Compact,2019. "IPCC Special Report: Global Warming of 1.5°C.haps://www.ipcc.ch/srl5/ x United Nations Framework Convention on Climate Change.The Paris Agreement.https://tmfeec.int/proeess-and- meetings/the-Paris-a eement/the-Paris-a eement Xi United Nations Climate Action Summit closing release, September 23,2019. haps://www.un.org/en/climatechange/assets/pdf/CAS closing release.pdf X11 Security and Sustainability Forum 2019. Climate Action Planning: Creating Low-Carbon,Resilient Communities.Webinar. August 7,2019.In partnership with Island Press and Cadmus.1-iaps://ssfoiiiine.or�4/climate-action-planning-10334 X"' ,,Deng,H. Lian g g Q.,and Anadon,L.D. 2017. Co-benefits of greenhouse gas mitigation: a review and classification by type, mitigation sector,and geography.Environmental Research Letters 12: 123001.haps://doi.org/10.1088/1748-9326/aa98d2 `Headwaters Economics:Populations at Risk Report.1-iaps://headwaterseconomics.org/tools/poj2ulations-at-risk/ X"Southeast Florida Regional Climate Change Compact: Social Equity. haps://southeastfloridaelimatecoMact.org/recommendation-Category/e0 XVl Climate Action through Equity:The Integration of Equity in the Portland and Multnomah County 2015 Climate Action Plan. https://www.ad,lptationelearinghouse.org/resourees/climate-action-through-equity-the-integration-of-equity-in-the-portland- and-multnomah-county-2015-climate-action-plan.html City of Boymori oac0 Clivr.ate ctiori Pled Page 25 Page 248 of 279 X`Zl United States Environmental Protection Agency: Sources of Greenhouse Gas Emissions. https://www.epa.Dov/�4hgemis sions/sources-greenhouse-gas-emissions X°"'California Air Resources Board,et al."Local Government Operations Protocol For the Quantification and Reporting of Greenhouse Gas Emissions Inventories"Version 1.May 2010. https://s3.amazonaws.com/icleius,tresources/Igo j2rotocol vl_l 2010-05-03.pdf X X World Resources Institute,et al. Greenhouse Gas Protocol"Global Protocol for Community-Scale Greenhouse Gas Emission Inventories An Accounting and Reporting Standard for Cities".2014. haps://ghgprotoco1.org/sites/def,tuIt/files/standards/GHGP GPC O.�df XX Note that the scope totals in Figure 6 are rounded numbers. XXL IPCC Special Report: Global Warming of 1.5°C.haps://www.ipcc.ch/sr15/ XXii FPL announces groundbreaking '30-by-30'plan to install more than 30 million solar panels by 2030,making Florida a world leader in solar energy.January 16,2019.http://newsroom.fpl.com xxiiiClimate Change Mitigation&Adaptation:Using the STAR Community Rating System to prioritize planning and make decisions.http://www.starcormnunities.org/download-the-star-climate-change-guide/ XX v Emissions from employee commuting are categorized as Scope 3 in the GHGI because they do not always occur within the City boundary.For simplicity,employee commuting is included in the Government Scope i-Transportation category of the CAP. City of Boymori oac0 Clivr.ate Actiori la�i Page 2 Page 249 of 279 I RESOLUTION NO. R20- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, ADOPTING THE CITY OF BOYNTON 6 BEACH 2020 CLIMATE ACTION PLAN; AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, the pursuit of sustainability has governed the direction of the City of 11 Boynton Beach since 2008 when the City Commission involved employees, citizens, and local 12 businesses in creating policies and programs to promote sustainability; and 13 WHEREAS, the City of Boynton Beach in 2012 affirmed support for the Southeast 14 Florida Regional Climate Change Compact and agreed to integrate the Regional Climate Action 15 Plan framework in whole or in part as appropriate for the municipality; and 16 WHEREAS, through the creation and adoption of the 2010 City of Boynton Beach 17 Climate Action Plan and 2015 Climate Action Plan Revision, the City has made great strides 18 towards envisioning the steps necessary to achieve a sustainable future; and 19 WHEREAS,in 2018 the City of Boynton Beach joined the Global Covenant of Mayors 20 for Climate & Energy, thereby committing to establish community-wide greenhouse gas 21 reduction (GHG)targets and to report climate data and actions annually; and 22 WHEREAS,it has been five years since the adoption of the City's 2015 Climate Action 23 Plan Revision, and many of the policies and programs established therein have been 24 implemented as completed projects or continuing procedures in governing plans and processes; 25 and 26 WHEREAS, the City of Boynton Beach 2020 Climate Action Plan is the five-year 27 update to the original landmark document that acknowledges the foresight of the City of 28 Boynton Beach in addressing the biggest challenges of this century: sustainability, energy, and 29 climate change; and 30 WHEREAS, by adopting the 2020 Climate Action Plan, the City of Boynton Beach Page 250 of 279 31 will continue to demonstrate its leadership, and by working together with our citizens and 32 businesses, we can achieve our vision of a sustainable community in the face of our current 33 climate, energy, and economic challenges. 34 WHEREAS, the City's Sustainability Coordinator will be responsible for 35 implementing the 2020 Climate Action Plan, monitoring and tracking its success, and 36 developing consistent policy recommendations for the City to achieve its GHG reduction goals. 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. Each Whereas clause set forth above is true and correct and incorporated 40 herein by this reference. 41 Section 2. The Boynton Beach City Commission adopts the City of Boynton Beach, 42 Florida Climate Action Plan of March 2020. 43 Section 3. That this Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 3rd day of March, 2020. 45 CITY OF BOYNTON BEACH, FLORIDA 46 47 YES NO 48 49 Mayor— Steven B. Grant 50 51 Vice Mayor—Justin Katz 52 53 Commissioner—Mack McCray 54 55 Commissioner—Christina L. Romelus 56 57 Commissioner—Ty Penserga 58 59 60 VOTE 61 62 ATTEST: 63 64 65 66 Crystal Gibson, MMC Page 251 of 279 67 City Clerk 68 69 70 71 (Corporate Seal) Page 252 of 279 Greenhouse Gas Emission Reduction Strategies: Government Operations Government Scope 1:Transportation -1o1: Green Fleet -102: Emloyee Commute Reduction Government Scope 2: Buildings & Facilities -2.1: Building Efficiency -202: Mater Infrastructure Efficiency -203: Renewable Enemy in Government Facilities Government Scope 3: Waste -3.1: Green Office Practices Greenhouse Gas Emission Reduction Strategies: Boynton Beach Community Community Scope 1:Transportation & Land Use C-1o1: Com 2ct , Mixed lyse Development C-1.2: Bike & Pedestrian Infrastructure C-1.3: Electric Vehicle Infrastructure C-1.4: Transit Enhancement C-1.5: Urban Forestry C-1.6: Gretnace Preservation Community Scope 2: Buildings C-2.1: Green �uildin St nd rds C-2o2: Enemy Efficiency & Conservation C-2o3: Mater Efficiency & Conservation C-2o4: RentV2ble Energy_Planning& Promotion Community Scope 3: Waste &Consumption C-3.1: Waste Reduction , Recycling C-3o2: Sustainable Lifestyle , Consumption 27 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 253 of 279 Greenhouse Gas Emission Reduction Strategies: Government Operations Government Scope 1: Transportation G-1.1:Green Fleet Source: RCAP EF-11, STAR CE-6 Objective: Implement a green fleet policy including purchase of fuel-efficient vehicles, fleet electrification, and strategies for efficient vehicle use and operation. Responsible Departments: Public Works, Utilities, Police, Fire, Golf Course City Progress: • The City purchased one electric vehicle (EV) in 2017,which is primarily used by the electrical inspector. • The City's Unattended Vehicle Policy (APM #08.01.02) prohibits leaving an unattended vehicle idling and leaving a gasoline-powered vehicle idling for more than three minutes. • The Solid Waste Division uses "Routeware" software to track vehicles, routes, and collections at homes and businesses in the City.The system consist of cameras, GPS receivers, and dash- mounted tablets that are able to transmit data about each driver's service location and time of collection.The goal is to provide quantitative data to make quick and accurate decisions that will reduce costs, improve efficiency, and produce better driver behavior. • Boynton Beach Utilities is transitioning from using "Synovia" software to "Verizon Connect"to track vehicle usage.The City is moving towards citywide use of this system. • The Community Standards department is purchasing two new Nissan Leafs in Fiscal Year 19/20. Actions: • Educate City staff on best practices for fleet electrification and green fleet policies. Learn from Florida Sustainability Directors Network(FSDN) members (e.g., Coral Gables, Orlando, Leon County) and other organizations such as Electrification Coalition, Southern Alliance for Clean Energy, Coltura, and Drive Clean Seattle. Network with City of Brookhaven, GA and other cities (e.g., Fremont, CA) on use of Tesla Fleets, hybrid SUVs, and other fuel-efficient options for police vehicles. • Meet with operating departments (Utilities, Public Works, Code Enforcement, Fire, Police)to assess the status of fleet procurement, operational policies, and tracking systems. • Establish annual and long-term citywide goals for fleet average MPG and adding electric vehicles to the fleet when current vehicles are retired. For example, ensure that city-owned vehicles increase their MPG by 5%annually per vehicle class whenever higher MPG vehicles are available. • Work with Fleet Administrator and City departments to develop a green fleet policy that includes procurement standards, a fleet retirement plan, annual fleet monitoring, mileage and idling reduction strategies, and utilization analysis. Use sources such as the Environmental Protection Agency's Green Vehicle Guide as a procurement guide. Consider accounting for the cost of carbon emissions in the life-cycle cost analysis process. Encourage all departments to adopt the policy. 28 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 254 of 279 • Assess the costs and benefits of procuring Idle Mitigation Systems for emergency and utility vehicles. G-1.2: Employee Commute Reduction' Source: RCAP ST-20; STAR BE-7-5 Objective: Promote employees' use of diverse transportation modes to reduce single-occupant vehicle travel, including carpooling, electric vehicles, walking, biking, and public transit. Responsible Departments: Human Resources & Risk Management, ITS, Library City Progress: • The City is enrolled in Tri-Rail's Employer Discount Program. • The City has a culture of carpooling including participation by some department heads and elected officials. • The City has observed Bike to Work Week, Florida Bike Month, and Green Commute Week. • The wellness program Boynton Beach BODS ("Bettering our Daily Selves") and the "Let's Move Challenge" incorporate walking and bicycling goals. • Electric vehicle charging stations will be included in Town Square parking structures. • City Commission has discussed smart and shared mobility options, have passed ordinances regulating docked bike share systems and scooter sharing, and is continuing to research best practices for micro-mobility, carsharing, and ride sharing. • The City had four-day work week for some employees from 2009 to 2014.The City Library continues to observe a four-day work week. Actions: • Work with municipal planning organizations, South Florida Commuter Services, South Florida Vanpool,transportation network companies, and others to identify and pursue opportunities to increase use of carpools and vanpools, maximize use of available parking, and promote working remotely and/or telecommuting. • Promote participation in Tri-Rail's Employer Discount Program (particularly while City Hall is in its temporary location near the Tri-Rail station) and other programs encouraging non-single- occupant vehicle (SOV)work commutes (e.g., the South Florida Commuter Challenge). Promotional methods may include email, intranet, City website, hardcopy posters, staff meetings, and recurring reminders/announcements. • Develop and adopt a high-occupancy and electric vehicle incentive program through preferred employee parking incentives in new Town Square development. Consider other incentives for employees who commute by modes other than single-occupancy vehicles (e.g., pre-tax benefits, emergency ride home programs). Explore the adoption of a commute trip reduction ordinance. • Expand efforts to coordinate a Bike to Work Week as part of Florida Bike Month and the Let's Move Challenge in March. • Promote RideFlag app and/or existing rideshare matching service, hosted by South Florida Commuter Services (http://www.1800234ride.com). Leverage the City's in-house GIS staff to study tools for internal ride sharing program. • Consider instituting an optional, staggered four-day work week and/or a telecommuting policy, including provisions such as those found in Section 110.171, F.S. for state agency employees, to 1 Emissions from employee commuting are categorized as Scope 3 emissions because they do not always occur within the City boundary. 29 City of Boynton Beach 2020 Climate Action Plon Strategy Implementation Guide Page 255 of 279 reduce employee commuting and building energy use. Quantify and communicate potential impacts and benefits of such a policy in terms of energy cost savings, greenhouse gas reductions, and employee productivity. Government Scope 2: Buildings & Facilities G-2.1: Building Efficiency Source: RCAP EF-2, STAR CE-6 Objective: Retrofit existing government buildings to optimize energy and water efficiency, and build new facilities to energy-efficient standards. Responsible Departments: Public Works, Development, Golf, ITS, Library City Progress: • The Green Building Ordinance (19-011) states that"To demonstrate the city's commitment to sustainability,the city shall comply with a sustainable building rating system or a national model green building code for all government buildings pursuant to F.S. § 255.2575(2)." • The City obtained an Energy Efficiency and Conservation Block Grant in 2010 to retrofit the Ezell Hester Community Center. • In 2014, the City upgraded the electrical system of The Links at Boynton Beach golf course. • Most City facilities have been upgraded with lighting occupancy sensors and efficient T-8 fluorescent bulbs. HVAC systems &air handlers are replaced with more efficient systems where feasible. • The City's prior inventory of 30+ physical servers (applications, databases, and file/print services) now runs on four physical servers and 50+ "virtual" servers, reducing power consumption and cooling costs. • The ITS Department purchases Energy Star computers and repurposes older computers to staff that need less computing resources; this process lengthens the useful lifespan of the assets. • The City is pursuing Green Globes certification for two projects in the Town Square redevelopment: City Hall & Library and Police Headquarters. • The Town Square redevelopment project includes a district energy plant for cooling all buildings within the project's 16-acre footprint. • The City uses the SustainaBaseTM platform to track municipal and community data on electricity and other resources.The platform was developed for the City by RunBrook, LLC in 2017 and is currently being refined and customized. • Since 2018, the City has reported its energy use and GHG emissions to the Carbon Disclosure Project (CDP), which provides analytics to compare data to other cities in the region and around the world. Actions: • Complete Green Globes certification of City Hall & Library and Police Headquarters, and evaluate the program for future participation. • Work with Florida Power& Light to complete the conversion of City street lights to LED lighting. • Update lighting to LED in all City facilities on an ongoing basis. • Develop criteria for including energy efficiency and sustainability in the capital improvement project review process, pursuant to Policy 9.1.4 of the Comprehensive Plan Capital 30 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 256 of 279 Improvements Element. Network with Palm Beach County and other FSDN members who have developed CIP criteria for sustainability. • Explore possibility of an ESCO partnership to avoid allocating capital dollars for energy retrofits on buildings and facilities. • Obtain cost estimates for energy audits or retro-commissioning of all City facilities. • Customize SustainaBase to track energy use for individual City facilities for internal benchmarking. Assess the need for any additional benchmarking tools (e.g., Energy Star's Portfolio Manager or Energy CAP). Also explore CDP's Cities Analytics tool to compare the City's data to those of other regional and global cities. • Further customize SustainaBase to create a web-based interface to report City energy data to the public. G-2.2:Water Infrastructure Efficiency Source: STAR CE-5, CE-6, BE-2 Objective: Manage and upgrade water and wastewater infrastructure to maximize operational efficiency, reduce system water loss, reduce energy use, and conserve water supplies. Responsible Departments: Utilities,Wastewater Treatment Plant City Progress: • The Comprehensive Plan includes policies for water conservation and maintenance of infrastructure (Utilities 3C.1, 3C.3, 3C.7; Conservation Element 4.8). • The City's Consumptive Use Permit with the South Florida Water Management District requires that the City implement conservation efforts. • In 2017, Boynton Beach Utilities was recognized with the Envision Bronze Award by the Institute for Sustainable Infrastructure for upgrades to the East Water Treatment Plant.The plant was upgraded with a state-of-the-art Magnetic Ion Exchange (MIEX) pretreatment system to treat water transported from the western wellfield via a 6-mile-long pipeline.This project allows the City to treat more water on the City's east side, which has the greatest demand.The upgrade also maximizes the use of the East Water Treatment Plant's lime softening process which is much less energy intensive than the West Water Treatment Plant. Other improvements to the plant included filter valve replacements and replacement of the plant's high service pumps with premium efficiency pumps and motors. • The City has one of the lowest unaccounted for water loss rates in the region at less than 2%. South Florida Water Management's target for utilities is less than 10%. • The City has two operational aquifer storage and recovery(ASR)wells that store excess treated during the wet season for use during the dry season. • The City jointly owns and operates the South Central Regional Wastewater Treatment Facility (SCRWWTP; with the City of Delray Beach) which treats an average of 17 million gallons per day of used water and sewage, most of which is used as reclaimed water.The SCRWWTP is currently engaging Carollo Engineers to upgrade the SCRWWTP for efficiency and increased capacity.The City is continually expanding its use of reclaimed water to irrigate golf courses, cemeteries, sports fields, and other big water users. • Boynton Beach Utilities uses Smart Metering to obtain meter reads on an hourly basis, allowing the Utility to monitor continuous consumption,which is an indicator of a leak. Actions: 31 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 257 of 279 • Use SustainaBase and other tools as needed to benchmark current energy usage and efficiencies at Water and Wastewater Treatment Plants (see Strategy G-2.1). Consider also tracking water use data. • Research potential renewable energy applications for Utilities infrastructure, such as solar telemetry systems at lift stations and wells, and add to the Utilities Capital Improvement Plan. • Continue to improve the energy efficiency strategy for water utility operations to maximize efficiency of treatment, operations and equipment. • Work with the SCRWWTP Board to complete energy audits at the treatment plant. Evaluate the treatment process to determine efficiency; evaluate the potential benefits of turbo blowers for wastewater aeration, and the use of variable frequency drives (VFD). • Continue to maximize use of available reclaimed water throughout the community. G-2.3: Renewable Energy in Government Facilities Source: RCAP EF-5, EF-8, STAR CE-6 Objective: Install solar panels on City buildings, utilize solar energy and energy storage technologies for emergency management and disaster recovery, and consider purchasing renewable energy credits for off-site production. Responsible Departments: Public Works, Finance City Progress: • In 2010, the City installed a 7.35 kW solar photovoltaic(PV)system and a solar water heating system on Fire Station#5. • In 2017-2018,the City partnered with FPL's SolarNow Program to install two solar "trees" and two solar canopies at Oceanfront Park, and a solar canopy at Barrier Free Park. These installations generate 256 kW of electricity to the electricity grid. • In 2018,the City Sustainability Coordinator participated in the National Renewable Energy Lab's (NREL's) Solar Photovoltaic(PV)Training Program for Cities and Counties. • Boynton Beach Utilities installed three demonstration windmills to aerate stormwater ponds downtown and at Barrier Free Park. • Boynton Beach Utilities hired McGovern McDonald Engineers to complete an Energy Generation Technologies Study (2018) comparing costs and benefits of solar PV vs. other energy generating technologies. Actions: • Continue to work with the Town Square project teams to evaluate the feasibility of rooftop solar PV installations and energy storage technologies on public and private buildings. • Add renewable energy projects to the City Capital Improvement Plan including solar PV on City facilities (e.g., the Golf Course cart barn), solar lights in parks, and solar powered parking meters. • Research emerging solar financing and procurement options, including municipal leasing and piggybacking other government contracts, and share with City decision makers. • Monitor the status of mitigating the City's municipal landfill and prepare a request for proposals (RFP)to develop the site for solar PV generation. Use EPA's "RE-Powering America's Land" program as a resource. • Enroll in FPL's Solar Together program to offset a percentage of the City's energy usage, and apply Renewable Energy Credits toward greenhouse gas reduction targets. 32 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 258 of 279 • Develop cost estimates for solar and battery storage at City Fire and Police Stations, for future additions to CIP. Government Emissions: Waste G-3.1:Green Office Practices Source: STAR EJ-2, CE-6, CE-7 Objective: Reduce waste, increase recycling, and develop sustainable procurement practices in City government. Responsible Departments: Public Works, ITS, Utilities, Finance City Progress: • Comprehensive Plan: Utilities 3E.3, 3E.4... • In 2018, the City upgraded the Laserfiche Enterprise Content Management system to leverage its separate paperless forms upgrade in conjunction with an automated workflow and digital signature solution. • Utilities is working toward using Docu-Sign for all e-Builder projects. • The purchasing department is implementing new software (Bids&Tenders)with the purpose of transitioning to electronic submissions and online storage in a shared drive.They are also in the final stages of taking the department completely paperless by creating electronic forms with the help of ITS. • Paper, cardboard, and comingled recycling services are provided at City offices and facilities. Actions: • Continue to move toward a paper-free office space. • Assess level of recycling services, and recycling participation, across all City offices and facilities. Work with GIS to create a survey and analyze data to identify areas of the City that could be targeted for recycling promotion. Work with Solid Waste Division to promote and improve recycling efforts across departments. • Prohibit expanded polystyrene and/or other single-use plastic products from use within City facilities and by City contractors as appropriate. • Develop criteria for evaluation of governmental services contracts that provide points to "green certified" businesses with documented programs and criteria. • Develop an Environmentally Preferred Procurement Policy Manual to be used by all appropriate departments and divisions. Preference should be given to products that have a lesser or reduced effect on human health and the environment, including consideration of factors such as low toxicity, recycled content, low-waste, renewable materials, and energy and water efficiency, and for locally produced goods and services in local government and anchor institutions. • Focus the City' green purchasing policy on reducing single-use plastics and disposables. 33 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 259 of 279 Greenhouse Gas Emission Reduction Strategies: Boynton Beach Community Community Emissions: Transportation & Land Use C-1.1: Compact and Mixed Use Development Sources: RCAP ST-10, ST-11, ST-14; STAR BE-3, BE-4, BE-5 Objective: Concentrate development in compact, human-scaled, walkable centers and neighborhoods that connect to public transit, offer diverse uses and services, and provide a variety of housing options. Responsible Departments: Development, CRA City Progress: • The Comprehensive Plan supports compact, mixed-use development (Future Land Use 1.3.1, 1.8), affordable housing (Housing 6.1, 6.3), and infill/redevelopment (Future Land Use 1.7; Utilities 3A.5, 313.3, 3C.5, 3E.7; Housing 6.3, 6.4, 6.8, 6.9; Intergovernmental Coordination 8.4). • The City has implemented a number of overlay zones including a Downtown Transit-Oriented Development District (a % mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor).The inner%-mile core of this District shall be designed to accommodate the greatest density and intensity of development (Comprehensive Plan, Future Land Use 1.18). • The City's Workforce Housing Program provides a 25%density bonus for eligible developments in the Downtown TOD District if they participate in the City's Workforce Housing Program. • The City's future land use map defines urban (East of 1-95 within the CRA) and suburban (West of 1-95) mixed-use zoning districts.The Boynton Beach Community Redevelopment Plan (2016) serves as a guiding document for compact, mixed use development on the east side of the City/CRA. • The City supports increased employment densities in some mixed-use districts by requiring first floor commercial development where appropriate. • The City offers lower parking requirements to eligible developments that implement sustainable design strategies that reduce reliance on automobiles, increase pervious area, accommodate fuel-efficient vehicles, provide electric vehicle charging stations, promote pedestrian connectivity, and facilitate access to transit and ride-sharing programs (Chapter 4, Article V, Sec. 3.G: Parking Reductions for Sustainability). • The Community Redevelopment Plan (2016) proposes the redesign of most major streets within the CRA according to the Complete Streets design principles.The Complete Street-based connectivity plan will unify the CRA area, improve multi-modal transportation, and support intensification of development.The Plan-recommended changes to future land use and zoning structures and some of the site-specific changes to FLU map have already been implemented. The Plan also recommends adoption of a comprehensive urban design framework to ensure "high quality buildings and vibrant, rich public realm." • The City has nearly completed integrating recommendations from the 2016 Community Redevelopment Plan into the LDRs. 34 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 260 of 279 • The Sustainable Development Standards (Ordinance 19-027) require that eligible developments implement a minimum number of sustainable site and building design features. • The staff Housing Workgroup is reviewing the City programs and policies for options to increase supply of attainable housing. Actions: • Create redevelopment plans for suburban areas outside of the CRA(west of 1-95), such as the Congress Avenue and the Tri-Rail Station (area around the existing Boynton Beach Tri-Rail Station on E Gateway Blvd.) Develop an additional TOD District as part of the Tri-Rail Station District plan. • Revise the Use Matrix in the LDRs to support temporary, creative neighborhood uses for vacant properties and greyfields. C-1.2: Bike and Pedestrian Infrastructure Sources: RCAP ST-12, ST-19, STAR BE-7, STAR HS-1 Objective: Expand, connect, and complete networks of bicycle and pedestrian facilities, including those supporting access to transit. Responsible Departments: Public Works, Development, Recreation & Parks City Progress: • The Comprehensive Plan supports bike and pedestrian infrastructure (Transportation 2.4, 2.12; Recreation &Open Space 5.1, 5.2. 5.5; Intergovernmental Coordination 8.6, 8.14), recommends that the City plan for Complete Streets within the Downtown TOD District(Transportation 2.4.17) and provide transportation facilities that are visually and functionally pleasing including streetscape beautification (Transportation 2.9). • The 2015 Greenways, Blueways &Trails Plan identifies and prioritizes future City projects that improve multi-modal connectivity, improve non-motorized transportation safety, connect people with natural areas, and increase recreation and conservation opportunities. • The 2016 Community Redevelopment Plan recommends Complete Streets design principles to implement connectivity and walkability objectives within the Community Redevelopment Agency (CRA) districts. • Mayor Grant serves on the Governing Board of the Palm Beach Transportation Planning Agency (TPA); City staff serve on the Technical Advisory Committee and Bicycle-Trailways-Pedestrian Advisory Committee. • The Land Development Regulations (LDRs) specify a minimum number of pedestrian and bicyclists amenities (Chapter 4, Article III, Section 9, B, 2);the Sustainable Development Standards (Ordinance 19-027) include points for the provision of additional amenities. • Bike amenities are added to future City facility construction & rehabilitation projects through the CIP process. • The TPA is developing Complete Streets templates and a Public Works checklist for use by the City. • The City received a 2019 Transportation Alternatives Program grant from the TPA for SE 1st Street Complete Streets Improvements. • City staff attended a "Vision Zero" workshop in December 2019 and is bringing the concept for discussion with management and Commission. Actions: 35 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 261 of 279 • Consider adopting a "Vision Zero" goal of fatality-free streets,which recognizes that crashes can be prevented through coordinated engineering, education, evaluation, encouragement, and enforcement solutions. • Develop Complete Streets Master Plan that is context sensitive and addresses the needs of transportation system users of all ages and abilities, including pedestrians, bicyclists, transit riders, and motorists and applies to all projects with limited exceptions, and includes specific next steps for implementation. Utilize the TPA's Complete Streets templates and Public Works checklist as appropriate. • Apply for TPA grant(s) under the Local Initiatives Program or the Transportation Alternatives Program to implement recommendations in Greenways, Blueways &Trails Plan and Complete Streets Master Plan. Consider how proposed projects also incorporate goals of the Palm Beach County bicycle/pedestrian plan. Include a focus on increasing the amount of lighted bike paths from the Tri-Rail station to City centers. • Inventory existing bicycle racks and needs on City property; work with GIS staff to display inventory. • Look into the option of creating "pedestrian only" areas, even if only specific days or during City events. • Modify agreement with "SkyBike," or develop agreement with another bike share vendor,to launch a community-wide bike share system. • Continue to research other forms of shared micro-mobility options, such as electric scooters, for potential implementation in the City. • Conduct community engagement around the benefits and safety considerations of bicycling and walking for transportation to connect people to various destinations and provide recreational opportunities. • Use the Green Business Recognition Program as a way to promote alternative transportation use among private sector employees. C-1.3: Electric Vehicle Infrastructure Source: RCAP EF-12, STAR CE-3 Objective: Expand electric vehicle charging infrastructure and promote community use of electric vehicles. Responsible Departments: Public Works, Development, ITS City Progress: • In 2019 the City signed an agreement with Florida Power& Light(FPL)to install up to six EV chargers (12 EV spaces) in Town Square parking lots, as part of FPL's "EVolution" Pilot Program. • Prior to Town Square demolition,the City had five public EV charging stations and one in the employee garage.A location map was posted on the GoGreenBoynton Beach.com web page. • The Sustainable Development Standards (Ordinance 19-027) require all new developments and major redevelopment projects to provide a Level 2 EV charging station (two EV parking spaces) for every 50 dwelling units in residential developments, and one per every 50,000 square feet of non-residential development. • The Energy Edge Rebate Program provides rebates up to$1,000 for Level 2 Electric Vehicle Supply Equipment. Actions: • Network with FSDN member cities to learn best practices for electric vehicle charging stations. 36 City of Boynton Beach 2020 Climate Action Plon Strategy Implementation Guide Page 262 of 279 • Prepare an RFP for a third party to install and maintain additional EV charging stations on City property (beyond the Town Square charging stations provided by FPL). • Research the costs of solar-powered EV charging stations other and renewable options as a priority to maximize emissions-reduction benefits and improve the community's emergency management preparedness in times of power outages. • Repurpose old EV chargers that were removed before downtown demolition. • Work with GIS staff to add a new map of EV charger locations to the GoGreenBoynton Bea ch.com web page. • Consider augmenting requirements for EV infrastructure in the LDRs, requiring EV-ready electrical infrastrucute, and/or developing an ordinance to regulate EV charging stations if needed. • Educate the community and promote adoption of EVs through the website, social media, workshops, and events. • Research if the City can offer rebate incentives for the purchase of an EV(currently, only the installation of a charging station is included in the Energy Edge Rebate Program) C-1.4:Transit Enhancement Source: RCAP ST-18, ST-20 Objective: Support the development of new transit options and increase the use of existing transit as a transportation mode for the movement of people in the City. Responsible Departments: Public Works, CRA City Progress: • Comprehensive Plan:Transportation Element 2.7, 2.8, 2.11; Intergovernmental Coordination 8.6 • In the early 2000s, the CRA provided a free trolley service which was discontinued due to lack of funding and low ridership. • The City's Strategic Plan,Transportation & Mobility section, includes reinstating a community trolley. • Palm Trans is optimizing their bus routes throughout Boynton Beach and the surrounding area. • Boynton Beach is designated for a stop on the future Tri-Rail Coastal Link, but project is not imminent. • The City provides density bonuses for projects in the Downtown TOD District (See Strategy C- 1.1), contingent on participation in the Workforce Housing Program. Actions: • Continue to attend meetings and monitor the status of the future Tri-Rail Coastal Link (or potential future Brightline station) • Evaluate the potential for a third-party micro-transit service (e.g., electric golf carts) to connect downtown, retail districts, and the Tri-Rail station. Network with FSDN member cities to learn best practices. Consider subsidizing the service to promote community ridership. • Use the Green Business Recognition Program as a way to promote transit use among private sector employees. Also encourage businesses to reserve convenient parking spots for carpoolers. • Develop and implement strategies to address the first and last mile of transit trips. • Consider innovative partnerships with transportation network providers, ride-sharing providers, taxis,jitneys, or through the use of autonomous vehicles. 37 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 263 of 279 • Encourage transit agencies to reduce greenhouse gas emissions by procuring renewable fuel and electric buses. C-1.5: Urban Forestry Source: RCAP NS-14, STAR NS-1, NS-4 Objective: Maintain and enhance the urban tree canopy to sequester carbon and provide multiple other ecosystem services. Responsible Departments: Public Works, Development, Recreation & Parks, Golf, Public Arts, ITS City Progress: • Boynton Beach has been recognized as a Tree City USA by the Arbor Day Foundation since 1983. • The City organizes an annual Arbor Day tree planting with school children. • The City conducted a partial tree inventory on public property in 2011. • A Memorial Tree Fund was started in 1985 to allow residents to memorialize people by planting trees.The fund has not been actively promoted for several years but retains some funds. • The Town Square redevelopment project included relocation of trees to existing parks and City property, and the creation of"eco-art" urban native gardens with community environmental groups to educate the public about sustainable landscapes. • The LDRs include provisions to address urban heat island, tree preservation, and use of drought tolerant species.The Sustainable Development Standards (Ordinance 19-027) provide points for planting additional canopy trees beyond what is required by code. • In May 2019, Community Greening was awarded a Community Revitalization grant by the Community Foundation for Palm Beach and Martin Counties for an urban forestry project in the Heart of Boynton.The project includes an urban orchard at Sara Sims Park, residential tree planting program for 80 homes,two tree giveaways, and one school/public park community tree planting. • In December 2019, the City hired the Green Infrastructure Center to conduce a citywide Urban Tree Canopy Assessment to quantify existing tree canopy and ecosystem services, establish canopy goals, and develop recommendations for implementation. Actions: • Use ICLEI's new tools and methods to integrate urban forestry and "carbon pools" into greenhouse gas inventorying. • Continue to work with Community Greening the maintain tree canopy in the Heart of Boynton and other areas of the City. Prioritize planting efforts in low-income areas and communities of color where the existing tree canopy is disproportionately sparse. • Support one member of the City staff to become a certified arborist. • Consider reviving the City's Memorial Tree Fund, or explore ways to partner with Community Greening on their existing Tree Dedication program, to encourage tree planting in observation of significant individual and community events. • Evaluate LDRs for potential revisions to increase canopy trees. Also ensure that existing rules and regulations about cutting trees are adequately enforced. • Develop and promote a list of preferred tree species for use in all tree planting programs and policies, including native trees, fruit trees, salt-tolerant trees, and species that can withstand hurricanes. • Consider establishing a City Tree Committee or Advisory Board to provide input or expertise on relevant projects. 38 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 264 of 279 C-1.6:Greenspace Preservation Sources: RCAP NS-1, NS-2, NS-7, STAR NS-2, NS-3 Objective: Protect and restore natural ecosystems and open spaces within the City to sequester carbon and provide multiple other ecosystem services. Responsible Departments: Public Works, Development, Recreation & Parks, Golf, Public Arts City Progress: • Comprehensive Plan: Future Land Use 1.13; Utilities 3D.1; Conservation 4.5, 4.6,4.7; Recreation &Open Space 5.3, 5.6, 5.7; Coastal Management 7.1, 7.3, 7.4; Intergovernmental Coordination 8.13 • The City has a Park Impact Fee Ordinance to ensure that future land development provides a source of revenue to fund the construction or improvement of the city park system necessitated by growth, in accordance with the Recreation &Open Space element of the Comprehensive Plan. • The LDRs specify requirements for landscaped open space for multi-family and planned developments (Chapter 4, Article II, Section 4, C,4a).The Sustainable Development Standards (Ordinance 19-027) require at least 5%of landscape plants be butterfly-attracting plants, and provide points for the provision of open space and a number of"urban nature" initiatives. • The City signed an interlocal agreement with the School District of Palm Beach County in 2012 to improve and manage the Galaxy Sand Pine Scrub Preservation Property,with additional partners including Sierra Club, Florida Fish and Wildlife Conservation Service, Audubon Society, and private citizens. Phase I of the Galaxy Scrub Enhancement project, removing invasive canopy species, was completed in May 2019; and Phase II, removing invasive understory species, was completed in September 2019. Ongoing enhancement of the site is needed. • The Links at Boynton Beach Golf Course is a certified Audubon Cooperative Sanctuary. • The Quantum Park Overlay District includes two pine preserves. • The City has several EcoArt installations and nature trails with interpretive signage to educate the community about our natural resources, including Mangrove Park,Jaycee Park, Old Dixie Eco Walk at Seabourn Cove, Public Art Green Wall at PNC Bank, and "Water,You & I" at the East Water Treatment Plant. EcoArt Gardens are being developed in Town Square. • The Boynton Beach Garden Club plants and maintains butterfly gardens on City property. • A six-week afterschool program entitled "The Great Garden Detective Adventure" was held at the Sims Center in 2019 for elementary school students.The program, provided by the University of Florida Institute of Food and Agricultural Sciences, focused the lesson plans on the eventual planting of a fruit and vegetable garden at the Sims Center, from which the students can revisit to pick fresh produce. • In June and July of 2020 the city will host "Project Color Hive" in the Cultural Center, a pop-up art experience celebrating the importance of pollinators and how they affect the world around us, in the Cultural Center. Actions: • Contract for further enhancement of the Galaxy Scrub property, and work with partner organizations to coordinate volunteer activities. Eventually contract for continual maintenance of the property to maintain biological integrity and function. • Partner with local volunteer groups to restore and maintain other priority natural areas by planting native plants or improving local wildlife habitat. 39 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 265 of 279 • Commission an artist to collaborate with community, scientists, and planners to develop a passive "Eco Park"within the Quantum Park Overlay District that will sustain wildlife and educate the public about the importance of native ecosystems. • Research the potential for installing living walls on parking garages and other buildings. • Pursue grant opportunities to enhance land conservation, restoration, and corridor connectivity, in accordance with the City's Greenways, Blueways&Trails Plan. • Promote the multiple natural areas in Boynton, and foster public awareness of natural systems and ecosystem services (including the impacts of climate change on natural systems and the importance of Boynton Beach as a migration flyway for birds). • Expand awareness that the City's codes call for 2.5 acres of greenspace per 1,000 people, and work to achieve and improve on this goal. • Have an expert on the topic of native plants present to City Staff and Commissioners to highlight their value and necessity. • Look to other jurisdictions' landscaping codes that have similar plant populations, such as Monroe County Landscaping Code 114-99. Community Emissions: Buildings C-2.1:Green Building Standards Sources: RCAP ST-8 Objective: Adopt green building standards to guide decision-making and development and to provide an incentive for better location, design, and construction of residential, commercial, and mixed-use developments and redevelopment. Responsible Departments: Development, Public Art City Progress: • The City first passed a Green Building Ordinance in 2011 (updated 2014)which established a Green Building Fee on all construction permits (currently set at 0.05% of total construction cost) and a Fund consisting of the collected revenue. In 2019, Ordinance No. 19-011 revised and expanded the uses of the Green Building/Sustainable Community Fund and created a grant program to incentivize green building certification. • The CRA may provide Tax Increment Revenue (TIR)funding to qualifying green building projects within the CRA districts. • On September 5, 2019 the City Commission approved Ordinance 19-027 amending the Land Development Regulations to include "Sustainable Development Standards," which requires new development and redevelopment projects to incorporate a certain number of site and building sustainable design options.These standards meet objectives laid out in the 2016 Boynton Beach Community Redevelopment Plan and the 2010 Climate Action Plan. Actions: • Develop and promote the Green Building Certification grant program. Work with the City and CRA to research the possibility of offering tax incentives to certified buildings. • Review the Green Building Program and Sustainable Development Standards every 2-3 years, continue to monitor other cities' standards, and revise policies as appropriate. • Develop policies to regularly audit, benchmark, and/or retro-commission private buildings. Research Miami-Dade's policy(benchmarking private buildings over a certain size) and other 40 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 266 of 279 cities as models. Explore benchmarking tools (e.g., Energy Star's Portfolio Manager or Energy CAP). • Adopt or upgrade building codes to ensure that new and renovated buildings are more energy efficient. • Research and develop policies to encourage adaptive reuse of existing buildings. • Recognize City residents, business owners, and developers who have implemented sustainable upgrades to their properties, particularly to raise awareness of newer technologies (e.g., permeable pavement, cool pavement). • Coordinate workshops and technical support for developers, builders, and City staff regarding the benefits of green roofs, living walls, permeable pavement, etc. C-2.2: Energy Efficiency&Conservation Sources: RCAP EF-2, STAR CE-4 Objective: Advance energy efficiency and conservation throughout the Boynton Beach community through technological solutions, policies, financial incentives, and educational programs. Responsible Departments: Development City Progress: • Since 2014, the City's Energy Edge Rebate Program uses the Green Building/Sustainable Community Fund to provide rebates of up to $1,500 to eligible City residents and small businesses that install qualified energy-efficient air conditioners, doors and windows, reflective roofs, water heaters, solar energy, insulation, and electric vehicle supply equipment. A marketing plan was developed in 2018 and the program was streamlined in 2019. • The City has agreements with four providers of Property Assessed Clean Energy(PACE)financing for energy efficiency, renewable energy, and wind resistance improvements to homes and businesses. • The Sustainability Coordinator hosted an educational Green Energy Workshop for the community in March 2018. • The City issued proclamations for National Energy Efficiency Day in October 2017-2019. • The Green Business Recognition Program (launched in March 2019) includes a number of actions focused on energy conservation and efficiency. • The City uses the SustainaBaseTM platform to track municipal and community data on electricity and other resources. • Community Improvement staff routinely work energy efficiency(e.g., insulation R-30,white roof shingles) into the Home Improvement Program for low-income housing with Community Development Block Grant Funding (referenced in Comprehensive Plan Housing 6.3.2) • Boynton Beach Utilities'Water Conservation Education Program for 5t"graders was expanded in school year 19-20 to include an energy element. Actions: • Update and implement the Energy Edge Rebate Program Marketing Plan. Promote the program in utility bill inserts, the annual Water Quality Reports, social media, Commission meetings, press releases, community events, school contacts, and other outreach methods. • Continue to promote PACE as a financing option for energy efficiency, wind resistance, and renewable energy. Track and report PACE participation. • Continue to refine and customize SustainaBase to track and communicate community-wide energy use and greenhouse gas emissions (see Strategy G-2.1). 41 City of Boynton Beach 2020 Climate Action Plon Strategy Implementation Guide Page 267 of 279 • Continue to observe National Energy Efficiency Day(October 5) and conduct year-round outreach to educate and engage residents in energy efficiency. Outreach methods may include social media, direct mailings, community workshops, and tabling at community events. Consider coordinating a "Green Expo"for building contractors to share their green offerings and energy savings. Include contractors, electricians, and plumbers as target audiences for education. • Develop a new Energy or Sustainability Element of the City's Comprehensive Plan. • Network with Southeast Sustainable Communities Fund (SSCF) grantees to learn about their equitable and sustainable energy/water initiatives. Consider working with Community Improvement Division and CRA to apply for future SSCF grant. • Establish energy efficiency and weatherization programs for renters. Develop legal mechanisms for renters and landlords to share the costs and benefits of energy efficiency and weatherization investments. C-2.3:Water Efficiency&Conservation Sources: STAR CE-5, CE-6, BE-2 Objective: Advance water efficiency and conservation throughout the Boynton Beach community through technological solutions, policies,financial incentives, and educational programs. Responsible Departments: Utilities, Development City Progress: • The Comprehensive Plan addresses options for implementing water conservation such as rate structures, aquifer storage and recovery, reuse and education (Utilities 3C.3, Conservation 4.8). • The City's Consumptive Use Permit, issued by the South Florida Water Management District (SFWMD) to dictate water allocations, requires that the City implement a water conservation plan. • Boynton Beach Utilities has sponsored an in-school Water Conservation Education Program since 2014 that teaches students, their teachers, and their parents about the importance of conservation through a classroom curriculum and the installation of a home conservation kit. The program has reached up to 1,000 5th grade students each year at elementary schools within the Boynton Beach Utilities service area.The City has a contract with Tinker, LLC to implement the program in 2019 and 2020 with up to three additional one-year renewal options. • The Green Business Recognition Program (launched in March 2019) includes a number of actions focused on water conservation and efficiency. • Boynton Beach Utilities uses Smart Metering with Advance Metering Infrastructure (AMI).The FlexNet° communication network is a powerful long-range radio system that obtains meter reads on an hourly basis, allowing the Utility to monitor continuous consumption which is an indicator of a leak.The Utility offers "customer rereads" for homes and businesses to help educate them on their water usage and ways they can conserve. • The Utility provides free water conservation kits and hose nozzles to residents. • The City of Boynton Beach is continually expanding its use of reclaimed water to irrigate golf courses, cemeteries, sports fields, and other big water users. • In 2017 the East Water Treatment Plant was upgraded to treat up to 24 million gallons per day with a state-of-the-art Magnetic Ion Exchange (MIEX) pretreatment system to treat water transported from the western wellfield via a 6-mile-long pipeline.This upgrade protects the eastern wellfield from saltwater intrusion and brings water to treat more efficiently in East, where the demand is. 42 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 268 of 279 • The Public Art installation "Water,You & I" at the East Water Treatment Plant educates the community where their water comes from and how it is treated and delivered to their homes. The pavilion provides an outdoor classroom for education opportunities. • The LDRs integrate Florida Friendly landscape principles that emphasize native and drought- tolerant plants, require sensing devices on automatic irrigation systems; and the Utility requires temporary water meters for construction projects. • Two aquifer storage and recovery(ASR)wells store previously treated water to protect the groundwater supply from over-pumping during the dry season. • The City upholds the SFWMD's Year-Round Landscape Irrigation Rule,which permits up to three days per week of watering in Palm Beach County(additional watering is allowed for new lawn and landscaping for up to 90 days). • The Utility uses a tiered rate system to encourage water conservation.The more water a customer uses,the higher the rate. • The City has one of the lowest unaccounted for water loss rates in the region at less than 2%. SFWMD's target for utilities is less than 10%. • The City held Water Conservation Workshops in 2015 and 2018, and disseminates water conservation information at community events, on the website, and through social media. • City Commission recognizes April as Water Conservation Month. Actions: • Review and update the City's landscaping code (LDRs)to enhance water conservation, use of native plants, and protection of greenspace. Use Monroe County Landscaping Code 114-99 as a model. • Continue and expand water conservation education programs to residents and businesses; consider holding an annual Water Conservation Workshop or other water-themed events. Consider Broward County's Water Matters Day as a model. Include information about the relationship among water conservation and climate change. • Continue and expand distribution of free water conservation items, including indoor conservation kits and outdoor hose nozzles. Consider providing vouchers for additional items such as water-efficient toilets and/or rain barrels. • Consider engaging the community in a conservation challenge or pledge such as Wyland National Mayor's Challenge for Water Conservation. • Conduct research into rainwater capture systems and usage of greywater; if feasible, integrate this information into outreach materials. C-2.4 Renewable Energy Planning& Promotion Sources: RCAP EF-1,4,6,7,8; STAR CE-3 Objective: Promote community access to and adoption of renewable energy though education, incentives, permitting processes, zoning codes, partnerships, and advocacy. Responsible Departments: Development City Progress: • In 2018 the City received SolSmart Gold designation for reducing the soft costs of solar energy, including committing to three-day expedited solar permitting. • The Sustainable Development Standards (Ordinance 19-027) provide points for the installation of renewable energy on new development and redevelopment projects. 43 City of Boynton Beach 2020 Climate Action Plon Strategy Implementation Guide Page 269 of 279 • The Energy Edge Rebate Program provide rebates of up to$1,500 for solar PV and solar hot water heaters. • The City provides Property Assessed Clean Energy (PACE)financing for energy efficiency, renewable energy, and wind resistance improvements to homes and businesses. • The Sustainability Coordinator hosted an educational Green Energy Workshop for the community in March 2018. • The City partnered with Solar United Neighbors to promote Palm Beach County Solar Co-ops in 2018 and 2019. • The Green Business Recognition Program (launched in March 2019) includes solar energy as one of the options for participation. • In 2019, the Energy Edge Rebate Program was streamlined to make it more accessible to Boynton Beach residents and businesses, including those who use PACE financing. Actions: • Refine expedited permitting process and review solar fees (e.g., flat or waived fee). • Expand the promotion of Energy Edge rebates, PACE financing, and solar-co-ops. • Educate the public on new solar leasing options, state laws on net metering and forbidding on restrictions that impair system performance, battery storage (to accommodate peak demand and for post-storm resilience), and other aspects of solar PV technology and policy. • Set percent renewable energy targets that align with regional and local GHG emissions reduction targets. • Adopt a community-wide plan that includes a comprehensive programmatic and policy approach to shift the community towards renewable energy sources (e.g., Sierra Club's 100% Renewable Energy Commitment). • Partner with academic institutions (e.g., FAU's Southeast National Marine Renewable Energy Center, FIU, University of Miami, and the Florida Climate Institute) to invest in research and development of new renewable energy technologies (e.g., marine renewables, biodiesel production from algae). • Consider developing policies requiring new properties to be solar ready or include a minimum amount of solar energy production per property. • Encourage condominium developments and workforce housing to install solar in community areas for lower HOA fees. • Seek alternative funding sources for expanding renewable energy purchasing options, including regional collaboration on grant opportunities, and public-private partnerships. • Research the potential for developing microgrids in the City. • Advocate in Tallahassee for state policies that facilitate access to solar energy. Community Emissions: Consumption & Waste C-3.1:Waste Reduction & Recycling Source: STAR CE-7, Iowa City Climate Action Plan Objective: Reduce, reuse, and recycle material waste produced in the community. Responsible Departments: Public Works, Recreation & Parks City Progress: • Comprehensive Plan: Utilities 3E.3, 3E.4; Intergovernmental Coordination 8.12 44 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 270 of 279 • FDEP's goal is 75%recycling rate by 2020 (Section 403.7032, F.S.). As of 2017, Palm Beach County Solid Waste Authority (SWA) reported a 70% recycling rate, which includes the traditional recycling rate plus credits for the waste-to-energy plant. • In FY 2018, the City of Boynton Beach received $15,789.34 in revenue from SWA's Municipal Revenue Share Program. Since 2010, the City has recycled 31,091.88 tons of solid waste and has received a total of$676,994.47 in shared revenue according to SWA records. • The City has a full-time Solid Waste Customer Service Representative who conducts outreach with the residential and business community about the City's recycling services and the "Recycle Right" campaign.The City has distributed "Let's Talk Trash brochures" in 2018 and 2019 to inform the public about recycling and waste services.We also provide information about trash, recycling, hazardous waste disposal,vegetation, and prescription medicines on the website at https:JJwww.Boynton-Be�ch.or�J��rB��e-end-recycling • In 2013 the City developed a program to track amount of material recycled by LEED projects. • The City signed a Franchise Agreement with Florida Textile Recycling Programs in July 2018 to install 50 textile recycling bins at high-volume locations on approved City and private properties. • The City holds Tire Amnesty Days for two weeks per year(June and December), and picks up used tires year-round for a fee. • Boynton C.A.R.E.S. (Community Activists Rehabilitating the Ecosystem) holds monthly cleanups at Intracoastal Park.The City's Adopt-a-Park program involves community members in selective maintenance of parks (e.g., trash pickup, graffitti reporting, weeding and raking playgrounds, sweeping shelters, and cleaning picnic tables). • The Green Business Recognition Program (Restaurant Pilot) launched in March 2019 as a voluntary program to encourage local businesses to reduce waste, recycle, manage litter, conserve energy and water, and implement other green business practices.The program requires that businesses use at least one recycling service and provides a 10% discount on City recycling services. • In 2019, the City purchased an "Aquafil" mobile water bottle refill station to bring to outdoor events to reduce reliance on single-use water bottles. It made its debut at Pirate Fest in October 2019. Actions: • Modify City contracts to prohibit use of expanded polystyrene ("Styrofoam")foodware items (foam cups, bowls, plates, clamshell containers,trays, etc.) by contractors and special event permittees. Consider also prohibiting hard polystyrene foodware items (i.e., those with recycling code#6) and/or other single-use plastic products. Consider prohibiting the sale of bottled water unless there is a recycling bin available onsite. • Modify facility rental policy to prohibit use of expanded polystyrene at picnic pavilions and other City facilities. • Consider a ban on the sale or use of single-use plastic products (e.g., straws, stirrers, plastic bags, polystyrene).The ban could apply to City right-of-ways, within a certain distance from water bodies, or community-wide. Delay enforcement to allow time for an educational campaign. Work through FSDN to research best practices in other Florida cities and advance a policy if/when there is political will. Advocate for changes to state preemption laws on plastic regulation. • Install water-bottle refilling stations in all City facilities to promote the use of reusable water bottles. • Coordinate with the Solid Waste division and the CRA to ensure that adequate recycling bins are available at all City and CRA events to make it easier and more convenient for the public to recycle. 45 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 271 of 279 • Pilot-test recycling at a City Park, monitor and analyze results, and consider expanding the service to multiple parks and facilities. • Conduct community education and engagement about solid waste reduction, including workshops, events, social media, brochures, etc. • Research the "repair cafe" model to promote repairing household items instead of throwing them away. Consider organizing an annual repair day event(e.g., City of Winter Park's "Don't Pitch It— Fix It!" event). • Work through the Green Business Recognition Program and other business networks to promote participation in third-party compost collection programs. • Consider developing a composting demonstration at a City park or community center to educate the community and lead by example on organic waste management. • Purchase home composters to giveaway to the community, or subsidize them to sell at a reduced price. Integrate the composter giveaway/sale into an educational event about composting and solid waste reduction. • Engage the local community in donating unused food for distribution (with organizations like Feeding South Florida). • Promote the Solid Waste Authority's Household Hazardous Waste Drop-off Locations for electronics, computers, cell phones, automotive products, rechargeable batteries, propane tanks,fluorescent bulbs, paint products, pesticides, household cleaners, pool chemicals, gasoline, etc. • Consider organizing annual, biannual, or quarterly Household Hazardous Waste and Electronics Disposal Events in the City. Research model used by City of Margate and other cities. • Explore partnerships with local organizations, such as Resource Depot and Habitat for Humanity Restore,that accept donations to schools, nonprofit organizations, and lower-income families such as art supplies, carpet squares, classroom and office supplies, paper, tiles,wallpaper, etc. • Research best practices for regulating construction and demolition waste (C&D), such as requiring recycling a significant percentage of C&D waste or requiring that structures that meet certain requirements (e.g., age, size, condition) be deconstructed rather than demolished. Consider LEED process for separating C&D debris as a model. Research solutions for the City to overcome constraints regarding supply of dumpsters and space on construction sites. Educate the development community about best practices for deconstruction and recycling construction materials. • Research the practice of food-waste to energy via supplement anaerobic digesters, as in San Francisco and New York City. C-3.2: Sustainable Lifestyle&Consumption Source: Iowa City Climate Action &Adaptation Plan; RCAP AG-3, AG-8; STAR EJ-3" Objective: Build a sustainability movement in Boynton Beach and engage the community around lifestyle actions to reduce the carbon footprint. Responsible Departments: Public Communications & Marketing City Progress: • "Go Green Boynton Beach" has been branded on the City's website, in marketing materials, and through the#GoGreenBoynton hashtag on Twitter, Facebook, and Instagram. • The City hosted an Earth Day Celebration in 2019 (and prior years)which will continue to be an annual event. 46 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 272 of 279 • The Sustainability Office provides an outreach table at some City and CRA events throughout the year. • The Recreation & Parks Department has experimented with small-scale community gardens at Recreation Centers for use by afterschool students. • The City is partnering with Community Greening on a 2019-20 Community Revitalization grant for community engagement around tree planting in the Heart of Boynton. Actions: • Build the "Go Green Boynton Beach" movement via marketing and social media to reach and engage all members of the community. • Expand and promote the Green Business Recognition Program to other types of businesses in the City. Partner with the Boca Raton/Boynton Beach Chamber of Commerce on this program and other sustainability-related events and outreach. • Disseminate and promote existing local and state communication campaigns about the value of locally produced food, including Sustainable Floridians training program (Palm Beach County). • Explore partnerships to develop farmers markets or green markets. Research experiences of neighboring cities such as West Palm Beach and Delray Beach. • Create or support promotional and educational campaigns to bank locally, buy locally, or buy from small and independent businesses and retailers. • Explore partnerships with local nonprofit organizations, religious institutions, the CRA, etc. to establish and maintain community gardens. • Create educational campaigns to promote home gardening, sustainable consumption, and participation in community-supported agriculture (if available). • Promote and educate the community about the many benefits of adopting the practices of a plant-based diet, including reduced carbon emissions, improved health, disease prevention, and reducing caloric intake. Consider development of social media campaigns such as "Meatless Mondays." • Review the City's zoning codes and reduce obstacles for urban agricultural practices, such as vertical and rooftop farming, growing and selling produce, and keeping chickens and/or beehives. • Continue to work with Community Greening and other partners to build community around tree plantings. • Create an online sustainability pledge to build awareness and commitment to sustainable lifestyles. Link to existing carbon footprint calculators. • Integrate sustainability themes into existing City and CRA events; expand sustainability-focused events (e.g., Earth Day, Rock the Marina). • Consider developing a citizen recognition program to promote residents who have implemented sustainable practices (e.g., native landscaping). Also incentivize residents to support businesses that have been certified by the Green Business Recognition Program. • Advocate for the annual City calendar to highlight native plantings and spaces, and/or other sustainable initiatives in Boynton Beach. • Work with partners to conduct and organize presentations and workshops about climate change and solutions at universities, organizations, public spaces, schools, and businesses. 47 City of Boynton Beach 2020 Climate Action Plan Strategy Implementation Guide Page 273 of 279 13.A. FUTURE AGENDA ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Discuss Local Septic Tank Inspection Program- March 18, 2020 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: Page 274 of 279 13.B. FUTURE AGENDA ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Discuss purchase and sale agreement for Nichols property - March 18, 2020 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: Page 275 of 279 13.C. FUTURE AGENDA ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: The Central Palm Beach Chamber of Commerce will make a brief presentation to the Commission regarding their member benefits. The City has become a member of this Chamber. - March 18, 2020 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: Page 276 of 279 13.D. FUTURE AGENDA ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Quarterly Census Update-April 7, 2020 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: Page 277 of 279 13.E. FUTURE AGENDA ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Senator Lori Berman and House Representative Joe Casello will provide a legislative update to the Commission -April 7, 2020 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: Page 278 of 279 13.F. FUTURE AGENDA ITEMS 3/3/2020 City of Boynton Beach ` Agenda Item Request Form Commission Meeting Date: 3/3/2020 Requested Action by Commission: Presentation of 2019 Comprehensive Annual Financial Report-April 21, 2020 Explanation of Request: Estimated presentation of Boynton Beach's 2019 Comprehensive Annual Financial Report by the City's external auditors Caler, Donten, Levine, Cohen, Porter and Veil, PA on April 21, 2020 agenda. How will this affect city programs or services? N/A Fiscal Impact: None Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 279 of 279