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90-VVV ¢SO .U ON NO. SO- V'V A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PURPOSE OF BRINGING THE CITY'S COMPREHENSIVE PLAN INTO COMPLIANCE, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission ~f the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby Luthorized and directed to execute that certain Agreement, a :opy of which is attached hereto as Exhibit "1". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of May, 1990. BEACH, FLORIDA Mayor ' o~?~ion~r ATTE ST: City Clerk Commissioner (Corporate Seal) PLANNI~[G DEPT. MEMORANDUM NO. AGENDA MEMORANDUM III. 90-144 PUBLIC HEARING H cc: Btdg, Pla Eng, Util TO: u. Scott M!lt~'-, ~'~ y FROM: Timothv_ Cannon, Acting ~'~u,~~.~..~ Director ~.~' DATE: May I0, 1990 SUBJECT: Compliance Agreement Between City and Department of Community Affazrs Please place the following item on the City Commission agenda for the May 15~ 1990 meeting under '~Vi. LEGAL: Resolutions'~. Please note, however, thaS a public hearing regarding this matter has been advertised for 6:30 p.m., and that this item should also be included under ~III. PUBLIC HEARINGS" Accompanying this memorandum, you will find a copy of a Stipulated Settlement Agreement ("Compliance Agreement") between the City of Boynton Beach and the Florida Department of Community Affairs (DCA), aS well as a resolution approving same. Exhibit "A" to this agreement is 5he Notice of intent to Find the Comprehensive Plan Not in Compliance. Exhibit "B" consists of amendments that would be made to the Plan, ms well as a timetable for completion of the data and analysis for the Capital Improvements Element. Execution of this'agreement would abate the administrative hearing Florida Department of Administration, provided that no other parties intervene. This hearing has been scheduled for June 27-29, 1990 at 9:00 a.m. at Boynton Beach City Hall. The Compliance Agreement specifies that the amendments to the Plan and Support documents shall be transmitted to the Department of Community Affairs within sixty days of the execution of the agreement. These amendments would be considered at hearings before the Planning and Zoning Board and City Commission in June, 1990. and would be subsequently transmitted to DCA for their review. The Compliance Agreement also requires that a public hearing be held prior to approval of same by the City Commission. Exhibit "E" has been transmitted no the Department of Community Affairs for preizminary review by that agency, if any changes to Exhibit "B" are recommended by DCA, the Commission will be informed of these changes at the May 15 meeting. Since the various parts of Exhibit "B" have originated from different sources, the format and typestyie of this exhibit will be standardized prior no transmittal to DCA. Timothy P. Cannon EXHIBIT "A" STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN NOT IN COMPLIANCE DOCKET NO. 89-NOI-5005-(N) The Department gives notice of its intent to find the City of Boynton Beach Comprehensive Plan, NOT IN COMPLIANCE pursuant to Section 163,3184, F.S. The adopted City of Boynton Beach'Comprehensive Plan, the Department's Objections, Recommendations and Comments Report, and the Department's Statement of Intent to Find the Comprehensive Plan Not in Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City Hall, Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435. This Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Administration for the scheduling of an administra- tive hearing pursuant to Section 120.57, F.S. The purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Administration Commission. Any affected person, as defined in Section 163.3184, F.S., may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the date set for the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S. Paul R. Bradshaw, Director Department of Community Affairs Division of Resource Planning and Management- 2740 Centerview Drive Tallahassee, Florida 32399-2100 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS Plaintiff vs. CITY OF BOYNTON BEACH, Respondent. STIPULATED SETTLEMENT AGREEMENT Petitioner, Florida Department of Community Affairs (Department) and Respondent, City of Boynton Beach, hereby stipulate and agree as follows: GENERAL PROVISIONS 1. Definitions. following words and meanings: a. Act: The As used in this agreement, phrases shall have the the following Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes (1987). b. Agreement: This stipulated settlement agreement. Comprehensive Plan or plan: City of Boynton Beach Comprehensive Plan, as adopted by Ordinance No. 89-38 on November 7, 1989. Hearings. with Se Sections DOAH: The Florida Division of Administrative In Compliance or into compliance: Consistent 163.3177, 163.3178 and 163.3191, Florida Statutes, Section 187.301, Florida Statutes, the -Treasure Coast Regional Policy plan, as adopted by Rule 29K-5.001, Florida Administrative Administrative Code. f. Notice: Code, and Chapter 9J-5, Florida The notice of intent issued by the Department to which was attached its statement of intent to find the plan not in compliance dated January 10, 1990. g. Petition: The petition for administrative hearing and relief filed by the Department on March 1, 1990, that initiated proceedings before DOAH in this case (Case No. 90-0309GM). h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan into compliance. i. Remedial plan amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the City must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this agreement must be consistent with and substantially similar in concept and intent to the ones identified in this agreement or be otherwise acceptable to the Department. j. Statement of Intent: The statement of intent to find the plan not in compliance dated January 10, 1990. k. SupDort document: The studies-, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the plan adopted by the City on November 7, 1989. 2. Entire Aqreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 3. Approval by governing body. This agreement has been approved by the City governing body at a public hearing advertised in an advertisement published approximately 14 days prior to the hearing in the manner prescribed for advertisements in Section 163.3184(15)(b), Florida Statutes. This agreement has been executed by the appropriate City officer as provided in the City's charter or other regulations. 4. Chanqes in law. Nothing in this agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence. 5. Other persons unaffected: Nothing in this agreement shall be deemed to affect the rights of any person under the law other than the parties. 6. Attorney fees and costs. Each party shall bear its own costs, including attorney fees. 7. Public Records. The City shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by the City in conjunction with this agreement. It is expressly understood that upon receipt of substantial evidence of the City's refusal to terminate this agreement for breach. 8. Liability. The City hereby agrees to hold harmless the Department, to the extent allowed and required by law, from all claims, demands, liabilities and suits of third persons or entities not a party to this agreement arising out of, or due to any act, occurrence, or omission of the City, its subcontractors.or agents, if any, that is related to the City's performance under this agreement. 9. Effective Date. This agreement shall become effective upon the last date of signing by the parties. PART I 10. Purpose of Part I. The parties enter into Part I of this agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the plan. 11. Department powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the plan is in compliance. 12. Exhibits. Exhibits A and B are hereby incorporated by reference. In the event of conflict between Exhibit A and Exhibit B, the provisions of Exhibit B shall control. 13. Adoption of plan and support document. The City provided the support documents and adopted the plan by ordinance at a properly advertised public hearing held on November 7, 1989. 14. Review of plan and finds of noncompliance. After reviewing the adopted plan the Department issues its notice and statement of intent to find the plan not in compliance and filed the petition in this case to that effect. 15. Standinq to file notice and petition. The Department met the requirements of Section 163.3184(8), Florida Statutes, because it participated in the adoption public hearing and based its determination of compliance and its notice and statement of intent only on its written objections and recommendations to the plan pursuant to 5 Section 163.3184(6), Florida Statutes, or on any changes made by the City to the plan as adopted. 16. Negotiation of agreement: intent. Subsequent to the filing of the petition the parties conferred and agreed to resolve the issues in the petition, notice and statement of intent through this agreement. It is the intent of this agreement to resolve fully all issues between the parties in this proceeding. 17. Dismissal recommendation. If the City completes the remedial actions required by this agreement, including the adoption of required plan amendments as set forth herein, the Department shall request that the Administration Commission enter an order dismissing this proceeding withOut imposing any sanction that might otherwise be imposed under the Act. Thereafter, the Department shall take every action necessary to effectuate this paragraph. 18. Filing and continuance. This agreement shall be filed with DOAH by the Department after execution by the parties and shall constitute a joint request that the DOAH continue this proceeding for a time sufficient to allow the parties to complete their responsibilities under the agreement. However, the Department may request DOAH to schedule a hearing of this proceeding at an earliest time, as provided in this agreement. 19. Retention of right to final hearings. Both parties hereby retain the right to have a final hearing in this proceeding and nothing in this agreement shall be deemed a waiver of such right. 20. Description of provisions not in compliance and remedial actions; legal effect of agreement. Exhibit A to this agreement is the statement of intent and contains a description of the plan provisions found not in compliance by the Department and remedial action needed to bring the plan into compliance. It also constitutes an admission and stipulation by the Department that if the described remedial actions are accomplished the plan will be in compliance. Exhibit B contains additional detail regarding some provisions not in compliance and remedial actions needed for compliance. In the event of a conflict between Exhibit A and Exhibit B, the provisions in Exhibit B shall control. 21. Remedial actions to be considered for adoption. The City agrees to adopt by formal action of its governing body all remedial actions described in Exhibit A (as modified by Exhibit B) no later than the time period provided for in this agreement. 22. Transmittal hearing for remedial actions. Within 60 days after the effective date of this agreement the City shall deliver to the Department, after a transmittal public hearing pursuant to Section 163.3184(3) of the Act, which 7 shall be advertised in a published approximately 14 day~ manner prescribed for a. 163.3184(15)(c), Florida Stat including all remedial pla documents, along with a trans] remedial action taken for eac including references to specifi 23. Review of transmitt provide the City with its ob~ comments on the remedial amendm the manner provided in Chapter Code, and Subsections 163.3184( the City fails to deliver amendment or support document Exhibit B, the Department may this proceeding as provided in 24. Adoption or approval Within 60 days after receipt of recommendations and comments, adoption all remedial plan amei quarter-page advertisement prior to the hearing in the lvertisements in Section ltes, all remedial actions, n amendments and support ~ittal letter describing the part of the plan amended, c portions and pages. .al. The Department shall ections, recommendations and ents and support documents in 9J-11, Florida Administrative 3)-(7), Florida Statutes. If rejects any remedial plan described in Exhibit A or Rove for a final hearing for Paragraph 9 above. of remedial plan amendments. the Department's objections, the City shall consider for dments and amendments to the support document, and transmittal letter to Subsection 163.3184(7), 9J-11.011(3), F.A.C. deli~ the Flo The lette er the amendments and a )epartment as provided in rida Statutes, and Rule shall describe the remedial 8 actiOn adopted for each part of the plan amended, including references to specific portions and pages. 25. Review of adoption and notice of intent. Within 45 days after receipt of the adopted remedial plan amendments and support documents, the Department shall issue a notice of intent pursuant to Section 163.3184, Florida Statutes, for the complete comprehensive plan, as amended, in accordance with this agreement. a. In compliance: If the adopted remedial actions are consistent with the recommendations in Exhibit A or Exhibit Bt the Department shall find the plan and plan amendments in compliance and shall request that DOAH relinquish jurisdiction and join the Department in requesting that the Administration Commission adopt a final order dismissing this proceeding. b. Not in compliance: If the remedial actions are not adopted, or are not consistent with and substantially similar to the recommendations in Exhibit A or Exhibit B, the Department shall issue a notice of intent to find the plan not in compliance and shall forward the notice to DOAH for a hearing as provided in Subsection 163.3184(10), Florida Statutes, and request that the matter be consolidated with the pending proceeding for a single, final hearing. The parties hereby stipulate to that consolidation and to the setting of a single, final hearing. IN RE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CITY OF BOYNTON BEACH ) COMPREHENSIVE PLAN ) ADOPTED BY ) ORDINANCE~ NO. 89-38 ) ON NOVEMBER 7, 1989 ) ) DOCKET NO. 89-NOI-5005-(N) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to find the Comprehensive Plan of the City of Boynton Beach adopted by Ordinance No. 89-38 on November 7, 1989, Not In Compliance based upon the material in the Objections, Recommendations and Comments. Report issued by the Department on September 11, 1989, which is hereby incorporated by reference, and changes made to the plan as adopted that were not previously reviewed by the Department. The Department finds that the plan is not "in compliance," pursuant to Section 163.3184(1)(b), Florida Statutes (F.S.), because it is not consistent with Sections 163.3177, 163.3178 and 163.3191, F.S., the State Comprehensive Plan, the Treasure Coast Comprehensive Policy Plan, and Rule Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: I. CONCURRENCY A. InconsiStent Provisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. The plan does not include a policy which addresses and ensures the availability of public facilities to serve developments for which development orders were issued prior to the adoption of the comprehensive plan. Rule 9J-5.~016(3) (c)5., F.A.C. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to include a policy or policies to address and ensure the availability of public facilities to serve developments for which development orders were issued prior to the adoption of the comprehensive plan. II. LEVEL OF SERVICE STANDARDS A. Inconsistent Drovisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. The level of service (LOS) standards for drainage facilities are not supported by the data and analysis. Rule 9J- 5.005(2), F.A.C. The plan does state that the required data and analysis is not currently available and that the City will generate a Drainage Master Plan by the end of Fiscal Year 1991. However, the general references to a proposed drainage study and resulting master drainage plan do not commit the City to a specific date for commencement or'completion of the study or s~ecify when the plan will be amended to incorporate and implement the resulting recommendations. In addition, the City's commitment to the development of a Drainage Master Plan is limited to addressing only the stormwater drainage system owned 2 by the City. The data and analysis indicates that a variety of entitiDs own and operate stormwater drainage facilities within the City. The plan does not include a policy or policies to address those systems not owned or operated by the City. Rules 9J-5.016(3) (c)4. and 9J-5.005(3)~, F.A.C. 2. Objective 2.1 establishes LOS standards at peak hour conditions for traffic circulation facilities. It does not specify which roads or road segments will be assigned LOS standard "Maintain." Rule 9J-5.007(3) (c) l., F.A.C. It establishes an LOS standard of "D" at peak hour for the following road segments operating at LOS "E" or "F" which means the LOS standards are not supported by the data and analysis (Rule 9J- 5. 005 (2) (a), F.A.C.): a) Interstate 95 (from Boynton Beach Blvd. to Woolbright Road), b) Boynton Beach Blvd. (from Old Boynton Road to Interstate 95), c) Congress Avenue (from Boynton Beach Blvd. to the Southern City limits), and d) Hypoluxo Road (east of Congress Avenue). B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise Objective 3B.1 and Policies 3B.1.2, 3B.1.4 and 3B.l.10, or add an additional objective or policy, to specify when the Drainage Master Plan will be completed. 2. Revise Policy 3B.l. I1 to specify when the plan will be amended to implement the recommendation of the Drainage Master Plan. 3. Revise Policy 3B.1.4 to specify that the Drainage Master Plan will address all stormwater drainage system in the City. 4. Revise Objective 2.1 to specify which roads or road segments will be assigned LOS standard "maintain". 5. Revise Objective 2.1 to establish LOS standards for peak hour conditions for the following roads or road segments which are supported by the data and analysis and that are compatible with the respective LOS standards adopted by the Florida Department of Transportation (FDOT) to the maximum extent feasible: a) Interstate 95 (from Boynton Beach Blvd. to Woolbright Road), b) Boynton Beach Blvd. (from Old Boynton Road to Interstate 95), c) Congress Avenue (from Boynton Beach Blvd. to the Southern city limits) and d) Hypoluxo Road (east of Congress Avenue). Any LOS standard below the FDOT standard must be justified as being adequate and compatible with the FDOT standard to the maximum extent feasible and must be coordinated with the FDOT pursuant to Rules 9J~5.015(3) and 9J-5.0055(1)(d), F.A.C. III. CAPITAL IMPROVEMENTS ELEMENT A. Inconsistent provisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. The Capital Improvements Schedule of Improvements is not consistent with the projections of capital expenditures for drainage facility improvements as identified in the Drainage Sub- Element in Table B-2 (Volume I, pg. B-19 of the Support Document). Section 163.3177(2), F.S., and Rule 9J-5.005(5), F.A.C. 2. The Capital Improvements Schedule of Improvements is not supported by the data and analysis provided in the Capital Improvements Element because the analysis Joes not address or include projections of all expenditures, revenues from all revenue sources and certain tax bases, operating cost considerations and debt capacity. Rules 9J-5.005(2) and 9J- 5.016(2) (f) l., 4., 5. and 6., F.A.C. 3. The Capital Improvements Schedule of Improvements does not contain a de'termination of consistency with individual comprehensive plan elements. Rule 9J-5.016(4) (a)l.b., F.A.C. 4. The Capital Improvements Elemen~ Policy 9D.4.2 does not specify the minimum debt service coverage ratio to guide the development and implementation of all future bond issues. Rule 9J-5.016(3) (c)2., F.A.C. B. Recommended remedial actions. These inconsistencies may be ~emedied by taking the following actions: 1. Revise the Capital Improvements Schedule of Improvements to be consistent with the projections of capital expenditures for drainage facility improvements as identified in the Drainage Sub-Element. 2. Revise the analysis in the Capital Improvements Element to include projections of all expenditures, revenues for all revenue sources and tax bases, operating cost considerations, and debt capacity. The projections must be for five years subsequent to the plan's adoption. J. Revise the Capital Improvements Schedule of Improvements to contain a determination of consistency with individual comprehensive plan elements. 4. Revise the Capital Improvements Element Policy 9D.4.2 to specify the minimum debt service coverage ratio to guide the development and implementation of all future bond issues. IV. RESOURCES OF STATE OR REGIONAL SIGNIFICANCE A. Inconsistent provisions. The inconsistent provisions of the plan grouped-under this subject heading are as follows: 1. A policy has not been included for the restoration or enhancement of disturbed or degraded estuaries. Rule 9J- 5.012(3) (c)2., F.A.C. 2. A policy has not been included for the protection of estuaries which are within the jurisdiction of more than one local government. Rule 9J-5.012(3) (c) 13., F.A.C. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to include a policy or policies which address the restoration or enhancement of disturbed or degraded estuaries. The policy or policies must include programs to' mitigate future disruptions or degradation of estuaries. 2. Revise the plan to include a policy or policies for the protection of estuaries which are within the jurisdiction of more than one local government. V. CONSISTENCY WITH THE STATE PLAN A- Inconsistent provisions. The inconsistent provisions of the plan grouped under this subject heading are as follows: 1. The plan is not compatible with and does not further the following goals and polices of the State Comprehensive Plan (Section 187.201, F.S., and Rule 9J-5.021(1), F.A.C.): (a) Goal 8 (Water ReSources), Policies 10 and 12; (b) Goal 9 (Coastal and Marine Resources), Policy 7; (c) Goal 16 (Land Use), Policy 6; (d) Goal 18 (Public Facilities), Policies 4, 7, and 9; (e) Goal 20 (Transportation), Policies 2, 3, 9, 13; (f) Goal 21 (Governmental Efficiency), Policies 1, 5 and 13; and (g) Goal 26 (Plan Implementation), Policies 7 and 8. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to include objectives and policies that are compatible with and further the above referenced goals and policies of the State Comprehensive Plan. VI. CONSISTENCY WITH THE COMPREHENSIVE REGIONAL POLICY PLAN A. Inconsistent provisions. The inconsistent Provisions of the plan grouped under this-Subject heading are as follows: 1. The plan does not adequately address and further the following goals and policies of the Treasure Coast Comprehensive Regional Policy Plan (Rule 9J-5.021(1), F.A.C.): (a) Goal 8.2.1 (Water Sources Protection), Policy 8.2.1.3; (b) Goal 19.1.1 (Transportation), Policy 10.1.1.2; and (c) Goal 19.2.1 (Transportation), Policy 19.2.1.3; and 20.1.1.2. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the plan to include objectives and policies that are compatible with and further the above referenced goals and policies of the Treasure Coast Comprehensive Regional Policy Plan. CONCLUSIONS OF LAW Based upon'these findings, the Department makes the following conclusions of law: 1. The Plan is not consistent with the Treasure Coast Comprehensive Regional Policy Plan. The Plan is not consistent with the State Comprehensive Plan. 3. The Plan is not consistent.with the requirements of Chgpter 9J-5, F.A.C. 4. The Plan is not consistent with the requirement of Section 163.3177, F.S. 5. The Plan is not "in compliance," as defined in Section 163.3184(1) (b), F.S. 6. In order to bring the plan into compliance, the City may complete the recommended remedial actions described or adopt other remedial actions that eliminate the inconsistencies. Executed this i/Oday of January, 1990, at Tallahassee, Florida. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Division Director Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 The Department may also move for a final hearing of this proceeding as provided in Paragraph 19 above. In any proceeding under this paragraph, the City shall have the burden of providing by a p~eponderance of the evidence that an adopted remedial action is consistent with and substantially similar to the recommendations in Exhibit A or Exhibit B. 26. Waiver. The parties waive any right to appeal or initiate proceedings on, or to otherwise challenge on any ground in any forum, the plan as amended, so long as the provisions of this agreement are complied with. Both parties reserve the right to appeal the inclusion of any to the plan that is not included in this amendment agreement. 27. Concurrent amendment. Nothing in this agreement shall be construed to prohibit the amendment of the plan concurrent with the adoption of this agreement. PART II 28. Purpose of Part II. The parties enter into Part II of this agreement to provide funding to assist the City to undertake the remedial actions necessary to bring the adopted plan submitted pursuant to Subsection 163.3167(2), F.S. an Chapter 9J-12, F.A.C. into compliance. 29. Availability of Funds. Payment of state funds pursuant to this agreement is subject to and conditioned 10 upon the total release of authorized appropriations form the Local Government Comprehensive Planning Assistance Program provided by-Chapter 88-555, Laws of Florida. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature as noted in Section 287.0582, Florida Statutes. 30. Consideration. a. As consideration for work performed under this agreement, the Department agrees to pay a fixed fee of up to $ ~~, ~ Payment will be based on the payment schedule contained in paragraph 31 below. b. Use of Funds: Funds may not be used for the purchase of equipment, fixtures, or other tangible property of a non-consumable and nonexpendable nature with an expected useful life which exceeds the duration of this contract. Funds may also not be used for attorney fees. 31. Method of Payment. Deliverable Proposed remedial acti6n Adopted remedial action Total Due Date Payment No later than 60 $ ~~ days after execution of agreement No later than $ ~~ ~time frames specified in s. 163.3184(7) F.S. for transmittal of adopted plan amendments The first payment will be made by the Department after receipt of the deliverable which will be verified by the Department to include all rgquired proposed remedial action. The final payment will be made after receipt of the adopted remedial actions and issuance by the Department of a Notice of Intent to find the plan in compliance. 32. Audit Requirements. a. The City agrees to maintain adequate financial procedures and adequate support documents to account for the expenditures of funds under Part II of this agreement. b. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 A.M. to 5:00 P.M., local time, Monday through Friday. c. The City shall also provide 'the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under Part II of this agreement. d. The City shall include an accounting of these funds under Part II of this agreement in the local audit 12 prepared by the City of the 1989-90 and 1990-91 fiscal years. e. In the event the audit shows that all or a portion of the funds provided under Part II, were not spent in accordance with Chapter 9J-26, Florida Administrative Code, and the conditions of this agreement, the City shall be held liable for repayment to the Department of all funds not spent in accordance with these applicable regulations and agreement provisions within thirty (30) days after the Department has notified the City of such noncompliance. f. The City shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to Part II of this agreement for a period of three years after the date of submission of the final expenditures report or, if an audit has been initiated and audit findings have not been resolved at the end of three years, the records shall be retained until resolution of the audit findings. 33. Modification of Part II. Either pa~ty may request modification of the pr6visions of Part II of this agreement. Changes which are mu~ually agreed upon sh~ll be made by written correspondence from the Department, by the parties and incorporated as part of this agreement. This agreement contains all the terms and conditions agreed to by the parties. 13 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by the undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Date  // MAYOR Date Senior Attorney Attest: ~~.i i~'ty of Bo~R~t0hn~Beach 14 EXHIBIT REMEDIAL~%'~q_~.~ NECESSARY TO BRING THE CiTY OF BOVWTn,~N E~EACH ~oMrREHENSIVE PLAN INTO COMPLIANCE WITH THE REQUIREHENTS ~= CHAPTER 163, PART_~'r-, FLORIDA STATUTES, CHAPTER 9J-5_, _~,~..~°~m~ ADMINiSTRATiVE CODE, THE STATE COMPREHENSIVE PLAN, AND THE TREASURE COAST R~GI~I,,~.m PCLiCY PLAN. The foilewing comprehensive Plan goals, objectives, -and pciic~es sh~l! be amended or added, by adding the words and figures in underlined hype, and by deleting the words and figures in s~ruck- ~hrcugh type as follows: Traffic Circulation Element Objective 2.i Po!icy 2.1.6 subsequen~ to plan adoption the City shall provide a transporza~zon network based on the following minimum level of service standards: Level of Service "C" or better under daily and peak hour conditions on all unspecified ?~*-~ and collector highway facilities. Level of Service "C" for average daily and LOS ~'D" for dally peak season and year-round peak hour coniitions cn all non-specified arterial facilities. Level of Service "D" for yearound !ally and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue, US ! between Boynton Beach ~oulevard and Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boyntcn Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. Level of Servmce "Maintain" for ..... 1-95 from Boynton Beach Boulevard to Woolbri~ht Road, Bovnton Beach Boulevard from Old Boynton Road ~o 1-95, .Conqress Avenue from Boynton Beach Eoulevard no the south City limits and HvDoi~%xo Road east of 1-95.have-bee~-e~eee~eR= Subsequenn to the adopnion of the County-wid~ ~raffic Performance standards Ordinance, requzre conformance to the Level of Service Standards set forth in that ordinance~ except where reasonable exceptions h~ve been approved in accordance with tllat ordinance and de-no~ exceed ~b.e Level of Service S~andards set forth in~0~ m'=~c~'-=~z.z .... ~ !. Qbjective 2=}1 Subsequent to Plan adoption, assist CoTran in providing efficient mass transit services based on existing and future trip generators and attractors and also provide local mass transit road and terminal areas which are safe for transit users. Policy 2.11.1 .$UDDor~ the transit shelter and terminal deveio_pmen.u pr. ograms of CoTran, the oroposed High Speed Rail Project and of the Tri-County Commuter Rail Authority. Policy 2.11.2 Subsequent to Plan aloDtion, modify !anS deveio~ment regulations to encouraqe 5ne provision of transit related shelters in major land deve!opmenE prolects. Policy 2.il.3 The P!ann~n~ Department will establish procedures subsequent to Plan adoption that notify the CoTran of new developments in the City that are major trip ~enerators and attractors. Policy ~ ~.!1.4 The City will assist CoTran in route selec~on+~ , and Dubiicitv by reviewinq and commenting on proposed route revisions and mrovidinq space at City offices for CoTran schedule informanion. conservation Elemen5 Policy 7.2.1 within three ~w~ years of Plan adoption, the City Enqmneerlnq and/or Utilities Department will · n~tiate a study to investigaEe the feasibility of retrofitting exmsting City owned and operated drainage outfalls with pollution conEro! devices. The City Manager's Office or its designated represensatmve will a~ seek grants or funding ~e~-a-~eme~a~e~p~e~ee~ dur~n~ FY 91 for th~ feasibility study. If no Grant money is available to perform this study, the snudy will be paid for out cf the Utility Fund. The comprehensive Plan shall ~e amended as appropriate, in accordance with the findinqs of this st~dv. Policy 7.2.2. Within three ~we years of Plan adoption, the 'City Engineering and/or Utilit~ ~ .... Department will mnitiate a study to investigate the feasibility of mnstituting a program of street sweeping roadways and parking areas that drain inmc the intracoastal Waterway. The City Manager's Office or its des'~qnated representative will seek grants or funding during FY 91 for the feasibility study. If no grant money is available to eerform this study, the study will be paid for oun of the Utility Fund. The Comprehensive Plan shall be amended as appropriate, in accordance with the findings of this study. Po!!sy ~.2.3. Policy 7.2.4. Policy 7.2.6 Policy 7.2.7 Policy 7.~. ' $ Subsequent to Plan adoption, modify the land development regulations to include construction threshold criteria such that major modifications to existing uses conform to local and regional storm drainage requirements. Within four ~h~ee years of Plan adoption, the City Engineering and/or Utilities Department wi!] initiate a study tp investigate maintenance dredging of the marina and residential finger canals to improve navmga~icn and remove toxic sediments. The City Manager's Office or its designated representasive will seek grants or funding during FY 92 for the feasibm!ity sEudy. If no grant money is available to perform this study, the study will be paid for out of the Utility Fund. The Comprehensive Plan Shall be amended as appropriate, in accordanc~ with the findincs of this study. Within two years of Plan adoption, the City Manager's Office or its designated representativ~ will initiate discussions with the Florida Department of Transportation relative to improving tile water quality of storm water discharges. Within two years of Plan adoption, the City Manager's Office or its desz~nated representativ~ will initiate discussions wzth the South Florida Water Management District reiatmve to improving the water quality of storm water discharges from the C-16 (Boynton Beach) Canal. Within two years of Plan adoption, the City M~na~er's Office or its designated representativ~ will initiate discussions with the adjacent communities of Manalapan, Hypoluxo. Ocean Ridge, Briny Breezes, Gulf Stream, and Palm Beach County relative to establishing a !ong-nerm water quality improvemenn program for Lake Worth and the Intracoastal Waterway. Po!icy 7 ~ ~ Objective 7.8 Pc!icy 7.8.! Policy 7.8.i0 S'' to Plan . aDsequen~ adopE!on the City Commission will adopt resolutions 5hmt request ~eek support and funding from County, State, and Federal agencies relative tq em establishing a long-term water ~ua~3_ improvement, program ~I=^- Lake Worth and the in~racoastai Waterway. Subsequent to Plan adoption, or when mandated by state statute, protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Subsequent 5o Plan adoption, modify ~he land development regulations to discourage site clear cutting and protect, restore'and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. Subsequent to Plan adoption, modify the land development regulations to consider the specific and cumulative impacus of development or redevelopment on wetlands, estuarzes, water quality, waser quantity, wildlife habitats, living marine rescurces and beach and dune systems. Sanitary Sewer Sub-Element Po!icy 3A.i.3 Development with individual septic tanks shall only be permitted f-or densities of dwelling unit per acre or less. Po!icy 3A.!.4 The City wili participate in and support th~ State's po!icy to eliminate the discharge of inadequately treated wastewater and stormwater runoff into the waters of the state. Objective 3A.5 ~e~ewe~epme~-w~-be-e~e~a~e~-~-a~eas Prevention of Urban Sprawl. The City will prevent urban sprawl by requiring orderly, compact development of the 'sanitary sewer service area. Drainage Sub-Element objective 3B.I Adequate Facilities. The City of Boynton Beach will require and enforce standards of the SFWMD and the LWDD such that sufficien5 stormwater 4 drainage facilities to address existing def!cienclesF minimize ~amage to public and private propertyr protect surface and ~roundwater euaiitv and ~uantitv, and meet future needs are consEructed and maintained in the City limits. The facilities needed in the City w!ll be desermined through a drainage mast_er p±an.~mng process~/ ~-h~,~ will include amendment of the Comprehensive Plan b%~ December 31, 1991. Policy 3B.i.2 Policy 3B.i.4 New stormwater drainage facilities wzi! be constructed to eliminate deficiencies-mn the existing system if they become necessary. Eaciiities and pro~ects needed will be specified in the drainage master plan. · he A drainage master plan w~½ shall be prepared 5o identify and prioritize needs for expansion~ replacement, and improvement to the stormwater drainage system-~wme~-By ~n the City. The drainage master plan ~{i!! be initiated bv the City by June 30, 1990, and completed bv June 30, 1991. A draft copv of the drainage master ~lan will be forwarded to the LWDD, the SFWMD, and the Palm Beach County Department of Engineering and Public Works for inpuE prmor to adoption, and to coordinate inter-jurisdictional s~ormwater planning and management issues. Policy 3B.i.9 Drainage faci!iuies owned by the SFWMD, LWDD, DOT, or county that are zn the City should be maintained by the entity-that owns them. The City will inform and cooperate with these entitites as they repair or maintain their structures in the City. Needs related to these facilities will be determined in the drainage master plan. Policy 3B.I.!0 Priorities for replacement, correcting existing deficiencies, and providing for future needs will be made according to need. The need shall be de~erm~ned by the Bep~me~-ef-~ee~g ~itv through a drainage master planning process. The priorities shall be reflected in the CIE such that the improvements of highest priority and needed first shall be implemented first, in order to provide for public health and safety, the adopte~ ~ea~a~ level of service, and operational efficmency. Policy 3B.!.ll The comprehensive plan will be amended by December 31, 1991 a~-~eee~a~y/~/~~ tq · nciude the recommendations and imp!emendation strategies of the drainage master olan. 5 Objective 3B.2 Protect Receiving Waters. The City of Boynton Beach will protect the quality and quantity of surface water and ~roundwater-~eee~¥~-beR~es-9~ f~em-ee~am~a~-~es~~ from direct discharges of stormwater runoff. Objective 3B.4 Land Development Code. By 1990, the stormwater drainage regulations contained in the City's land development code W~ZZ shall provide for protection of the City's natural drainage features, which are the Atlantic Ocean, the Intracoasta! Waterway, and Lake Worth; and shall ensure that future development utilizes stormwater management systems ccmpatible with the City's drainage sub-element. Policy 3B.4.! The City p~~/~~6K~ ~il! prepare amendments to the stormwacer drainage provisions of the land development code to ensure that new developments are required to manage runoff from a three day 25 year storm. Potable Water Sub-Element Policy 3C.!.6 All new and existing structures shall be required to connect to public, 9~M~/ regional, or municipal water and wastewater systems 'when such systems become available. Policy 3c.3.7 Water use allocation for emergency drought shall avoid irreversibie impact on ecological systems and m~nmmmze long term adverse impacts cn all sectors/ in accordance with the SFWMD emergency drouqht plan. Poticv 3D.I.6 The negative impacts of existinc land us~ activities on surface water and qroundwater quaiitv and ~uantitv shall be minimized, to the maximum extent possible., throuqh enforcement of bv retrofitt~nq which would incorporate appropriate water ~ualit¥ manaqement techniques. capital Improvements Element Poiicv 9D.5.4 By June 17 1990, the City shall include in its ConcDrrDncv Manaqement Ordinance~ the Droviszons w_hich address and ensure the availability of Dubiic facilities to serve development .projects for which development orders were issued prior to the effective date of the City's Concurrencv Manaqement Ordinance~ as follows ("exempt" projects shall be defined as those Drojects which are not required to demonstrate that concurrency 6 ~cequirements have been met, in order to proeceed}: -~a) Potab]e Wa~er Populations of exempt projects shall be taken into account in determininq whether the level of serv!cD would be met for new projects and projecns which are not exempt. New projects or projects which are not exempt shall not be approved o]- mermitted if such aDDrovai or permitting would cause the level of service not to be met. ib) sanitary Sewer Pouulations of exempt projects shall be taken into account in determininq whether the level of service would be met for new projects and projects which are not vested. New orojects or projects which are not exmept shati not be approved or ermitted if such approval or permittinq would cause the level of service not to be met. DrainaGe Demand for drainage facilities which would ba created by exempt projects sha]! be taken into account in determining whether the level of service would be men for new projects and projects which are not vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permittinq would cause the level of service not to be met. Exempt projects shall be required to comply with any drainaqe requirements of the South Florida Water Manaqement District, Lake Worth Drainage District. and City which were in effect at the time th~ project was approved. id) Solid Waste Populations of exempt projects shall be used in determ~ninc whether the level_of service would bq met for new projects and project_s which are not DxemDt. New projects or project..s which are not ~xempt shall not be approved or Permitted if such auDrova! or permitting would cause the level of servmce not to'be met. (e) Recreation Facilities ~opulations of exempt projects shall be taken into account in determining whether the level of service would be met for new ,projects and projects which are not exempt, New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met, .Existing or approved private recreation facilities servlnq__9~xempt residential proqects shall not be reduced in number and/or size below the adopted levels of servzce for such facilities. (f! District Park Acreage Populations of exempt projects shall be taken into account in determininq whether the level of service wouid be met for new projects and projects which are not vested. New p~ojects or proqects which are not exempt shall not be approved or permitted if such approval or mermittin~ would cause the level of service not to be met. (q~ Neighborhood Park Acreage i!) For Projects in City: For existinq or exempt projects which have 2 or more private recreation facilities which serve the project, neighborhood park facilities shall b~ ~n~idered to have been provided, and the number and/or size of these recreation facilities shall not be reduced below the adopted levels of serv!ce for such facilities. Existin~ or approved recreation areas or parks serving, exempt residential projects shall not be reduced below the adopted levels of service for neiQhborhood parks. (2) For n~$chborhoods and proiects which do not meet the criteria set forth in paraQraph (.i) above, populations of exempt projects shall be used in determmninQ whether the level of servic~ would be met for new projects and projects which are ncr exempt. New projects or projects which are not exempt shall not be approved or permztted if such approval or permitting would cause the level of servzce not to be met.~ However, any proqect for which neighborhood park and recreation facilities are provided in accordance with Policy 5.5.1 shall be construed to not affect the availability of neighborhood park and recreation 8 fac±lit±es for any other projects, _(.3) For Annexed Areas and Projects: For areas which are platted~ deveioped~ under constructionf or have development plans which hav~ been approved by Palm Beach County, and are subse~uentlv annexed, neighborhood parks shall b~ those which were provided or required bv Palm Beach County. Existinq or approved recreation areas or parks servinq exempt residentia! 'pro~ects shall not be reduced below the adopted levels of service for neiqhborhood parks. ih) Roads Traffic qeneration from exempt projects shall b~ used in calcu!atin~ backqround traffic for new projects and projects which are not exempt, in accordance with the Palm Beach County Traffic Performance Standards Ordinance. Road improvements and road .impact fees which wer~ required as a condition of the approval for exempt' pr~jects shall continue to be required. MEMO NO. 90-004C TO: FROM: DATE- Tim Cannon, Planning Department Carrie Parker, Assistant City Manager May 8, 1990 Below please find suggested word changes to the goals, objectives and poli- cies for the Comprehensive Plan. ' Ae Objective 9D.4 (page 109.16) - delete the word "available". New Policy 9D.4.1 Capital improvements shall be financed, and debt shall be managed as follows: Public facilities financed by enterprise funds (i.e., Utilities, (potable water, sanitary sewer), solid waste, and golf course ) shall be financed by: ' a. debt to be repaid by user fees and charges for enterprise ser- vices, or b. current assets (i.e., reserves, surpluses and current revenue including transfers), or c. a combination of debt and current assets. Public facilities financed by non-enterprise funds (i.e., roads, stormwater management, parks, library, fire service, police pro- tection, and government buildings) shall be financed from current assets: revenue, equity and/or debt. Specific financing of spe- cific capital projects shall consider which asset, or group of assets, will be most cost effective, consistent with prudent asset and liability management, appropriate to the useful life of the project(s) to be financed, and efficient use of the local govern- ment's debt capacity. New Policy 9D.4.2 The City of Boynton Beach shall establish as a maximum cap for long- term general obligation debt, ten percent (10%) of the total assessed value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. Objective 9D.5 delete the word "available". Carrie Parker, Assistant City Manager CP:cd cc: Grady Swann, Finance Director me INSERT TO EXHIBIT B Remedial actions necessary to bring the City of Boynton Beach Comprehensive Plan into compliance with the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code. CAPITAL IMPROVEMENTS ELEMENT The Capital Improvements Schedule of Improvements in not consistent with the projections of capital expenditures for drainage facility improvements as identified in the Drainage Sub-Element in Table B-2 (Volume I, pg. B- 19 of the Support Document). Section 163-3177(2) F S , and Rule 9J- 5.005(5) F.A.C. ' ' ' New Data The city's engineering consultant will be providing additional information concerning capital expenditures for drainage facility improvements. Once this information has been submitted and reviewed by the City, these projected expenditures wi]] be incorporated into the Capital Improvements Schedule of Improvements. The estimated timetable for completion of this task is 45 days after execution of agreement. The Capital Improvements Schedule of Improvements is not supported by the data and analysis provided in the Capital Improvements Element because the analysis does not address or include projections of all expenditures, revenue from all revenue sources and certain tax bases, operating cost considerations and debt capacity. Rules 9J-5. 005 (2) and 9J-5.016 (2) (f) 1. 4., 5., and 6.. F.A.C. , New Dat~ The city will analyze and assess the ability to finance future capital improvements based on expected population growth and availability of revenues. Specifically, revenues and expenditures will be projected for the first five years following adoption of the Comprehensive Plan. Projections of revenues will include all sources and tax bases and consideration wi]] also be given to future increases in operating costs as well as the debt capacity of the city. The city is in the process of paying an $8 million dollar judgement recently made against the city. The financing for this judgement is still being finalized. The bonds which are to be issued to pa~y the judgement will be incorporated into the Capital Improvements Element in order to test the financial feasibility of the Comprehensive Plan and maintenance of level of service standards. The estimated timetable to complete this task is 45 days following execution of the agreement. The Capital Improvement Schedule of Improvement does not contain a determination of consistency with individual comprehensive plan elements. Rule 9J-5.016(4)(a)l.b., F.A.C. Hew Data Each line item in the Capital Improvements Schedule of Improvements was analyzed for consistency with the individual plan elements. Table 1. has been revised to include the statement "Consistent" for each identified capital improvement, with the exception of drainage. Currently, there is an inconsistency between the Drainage Element and the Capital Improvement Element. This inconsistency will be resolved after completion of remedial action #1 of the Capital Improvements Element. J ~.) 00~ '~1o '~ o"qo o~ OlO o CD I00 °I 000 000 O0 O~ O0 ~0 O0 0 00000000 O0 O~ 0 00000000 0 0 0 0 4~ 000000000 0'~ 0 0 0 0 0 0 0 ~ 000000000 ~100~00000 0 ~ 0