Agenda 06-15-10 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, APRIL 6, 2010
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
Woodrow Hay
Vice Mayor – District II
William Orlove
Commissioner – District I
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
We’re Reinventing City Living for
The Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
2 of 735
1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announce the upcoming Ocean Avenue Concert.
B. Announce the musical performance, "A Tribute to Neil Diamond Featuring Neil
Zirconia - The Ultimate Faux Diamond.
C. Present a Proclamation for Arbor Day - April 28, 2010.
D. Present a Proclamation for Water Conservation Month -- April, 2010.
E. Present a Proclamation for Water Reuse Week -- May 10-16, 2010
F. Present a Proclamation to the Boynton Beach Police Department Communications
Section commemorating National Telecommunicator's Week -- April 11-17, 2010.
G. Present a Proclamation celebrating National Library Week -- April 11-17, 2010.
H. Present a Proclamation celebrating Earth Day on April 22, 2009 and Earth Week April
19-25, 2010.
I. Announce the Palm Beach International Film Festival outdoor screening
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the d
iscretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
3 of 735
5. ADMINISTRATIVE
A. Accept the resignation of Jeff Lis, a regular member of the Planning and Development
Board.
B. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
PROPOSED RESOLUTION NO. R10-033
C. -- Appoint a City Commission
representative and alternate to the Metropolitan Planning Organization.
PROPOSED RESOLUTION NO. R10-034
D. -- Appoint a City Commission
representative and alternate to the Countywide Intergovernmental Coordination
Program.
PROPOSED RESOLUTION NO. R10-035
E. -- Appoint a City Commission
representative and appoint all City Commission members and the City Manager as
alternate representatives to the Palm Beach County League of Cities.
PROPOSED RESOLUTION NO. R10-036
F. -- Appoint a City Commission
representative and alternate to the Coalition of Boynton West Residents Association
(COBWRA)
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 the Minutes from the City Commission meetings held on March 2, 2010 and
March 16, 2010.
B. Accept the Budget Status Report of the General Fund and the Utility Fund Revenues
and Expenditures for the five (5) month period ended February 28, 2010.
PROPOSED RESOLUTION R10-037
C. -- Adopt the Palm Beach County Unified Local
Mitigation Strategy (LMS) Plan.
PROPOSED RESOLUTION NO. R10-038
D. -- Approve an Agreement with Government
Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire
Assessment Program for FY 2010-2011 with (A) the scope of professional services
and specialized assistance in the amount of $17,500 and (B) the potential additional
services ranging from an estimated $325 to $40,000 should they become necessary.
PROPOSED RESOLUTION No. R10-039
E. -- Approve the Non-Profit Developer
Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith-
Based Community Development Corporation, together with (2) R. M. Lee Community
Development Center, Inc. (CDCs), to act as developer under the City of Boynton
Beach's Neighborhood Stabilization Program (NSP).
4 of 735
PROPOSED RESOLUTION NO. R10-040
F. -- Ratify the SEIU Florida Public Services
Union White Collar FY 2009/2010 Collective Bargaining Agreement.
PROPOSED RESOLUTION NO. R10-041
G. -- Ratify the SEIU Florida Public Services
Union Blue Collar FY 2009/2010 Collective Bargaining Agreement.
PROPOSED RESOLUTION NO. R10-042
H. -- Approve Addendum #1 to Lease
Agreement between the City of Boynton Beach and the Boynton Beach Child Care
Center, Inc.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Approve the First Reading of an ordinance abandoning a portion of SE 1st Avenue
between SE 4th Street and the FEC Railroad. (The expeditious placement of this item
before the Commission will allow for the concurrent review of Second Reading and the
corresponding site plan application on April 20, 2010)
(1st READING PROPOSED ORDINANCE 10-007)
10. CITY MANAGER’S REPORT
A. Accept the final report from the Green Community Alliance as an informational item.
B. Accept report and presentation from CDM for the City of Boynton Beach Greenhouse
Gas Emission Inventory.
C. Authorize staff to prepare ordinance or resolution to create a financial advisory
committee to assist with budget and financial stability recommendations.
11. FUTURE AGENDA ITEMS
A. Review of application packet and process for CRA appointments. City Commission is
asked to review the application materials and selection process for appointment of a
seven-member Community Redevelopment Board. The timeline for the appointment
of the CRA Board per Ordinance 09-030 is subject to the discretion of the City
Commission. (Tabled to April 20, 2010)
5 of 735
B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City
Commission on December 15, 2009. (Tabled to April 20, 2010)
C. Staff seeks authorization to move forward with issuance of an RFP for Towing
Rotation Franchise Agreement. (Tabled to April 20, 2010)
D. Boynton Vista II, SPTE 10-004, located at 419 South Circle Drive. Request approval
for a one (1) year site plan time extension for major site plan modification (MSPM 07-
004) approved on May 20, 2008, from November 20, 2009 to November 20, 2010.
(Tabled to April 20, 2010)
E. Consideration of a MOU with the SEIU FPSU White Collar bargaining unit requiring
monetary benefits paid to bargaining unit members under the status quo since 10/1/
09 until current will not be recouped by payroll adjustment deduction. (April 20, 2010)
F. CRA Agreement to Fund Museum Renovations: The Department of Housing and
Urban Development has awarded the Boynton Beach Community Redevelopment
Agency (CRA) a $294,000 Consolidation Appropriation under Economic Development
Initiative-Special Project B-08-SP-FL-0052. The Boynton Beach CRA will use these
funds to help the City make renovations to the 1913 Schoolhouse Children’s Museum
and Learning Center. (April 20, 2010)
G. Review of City of Boynton Beach Climate Action Plan First Draft: Consultant CDM will
give presentation on first draft of the comprehensive Climate Action Plan to advance
the city's energy conservation and sustainability goals. (April 20, 2010)
H. Capital Improvement Status Report - Initial City Commission review of 2010-2011
Capital Improvement Budget (General and Utilities) and Five-Year Capital
(TBA)
Improvement Plan.
I. Police Complex – Discussion of project timing, scope, location and funding
(TBA)
alternatives available.
12. NEW BUSINESS
A. Request for Commission to conduct a preliminary review of a potential amendment to
the Land Development Regulations intended to appropriately group and regulate uses
categorized under the heading “Indoor Athletic Instruction/Training”, to maximize the
consistent and uniform treatment within the M-1 and PID zoning districts, and provide
staff with desired direction.
13. LEGAL
None
14. UNFINISHED BUSINESS
None
6 of 735
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD
AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS
OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561)
742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY
TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON
THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
7 of 735
3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announce the upcoming Ocean Avenue Concert.
EQUESTED CTION BY ITY OMMISSION
ER:
Friday, April 16, 2010
On , the Boynton Beach CRA, the City of
XPLANATION OF EQUEST
Boynton Beach and The Palm Beach Post will present an Ocean Avenue Concert, featuring
CRICKLEWOOD
. This FREE concert will take place from 6:00 to 9:00 at the Amphitheatre
PM PM
next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and Drink
vendors are available. Please bring your folding chairs and be prepared to dance the night away.
Parking is available nearby, no pets please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480
ISCAL MPACT
A:
LTERNATIVES
8 of 735
3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announce the musical performance, "A Tribute to Neil
EQUESTED CTION BY ITY OMMISSION
Diamond Featuring Neil Zirconia - The Ultimate Faux Diamond.
ER:
The Boynton Beach Recreation and Parks Department is
XPLANATION OF EQUEST
presenting a sparkling performance by Neil Zirconia - The Ultimate Faux Diamond. The
performance will take your breath away when Neil Zirconia takes the stage of the Boynton Beach Civic
Center and dazzles listeners with the performance and songs of Neil Diamond. This event takes place
on Wednesday, April 17 at 7:00 p.m.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The fee is $15.00 in advance and $20.00 at the door. The event is co-
ISCAL MPACT
sponsored by Humana Market/Point and the Boynton Beach Civic and Senior Centers.
Proceeds benefit the Boynton Beach Recreation and Parks Department senior programs.
Tickets can be purchased at the Boynton Beach Civic Center, the Senior Center or the
Intracoastal Park clubhouse.
A:
LTERNATIVES
9 of 735
3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present a Proclamation for Arbor Day - April 28, 2010.
EQUESTED CTION BY ITY OMMISSION
ER:
The idea for Arbor Day originally came from Nebraska. On
XPLANATION OF EQUEST
January 4, 1872, J. Sterling Morton first proposed a tree-planting holiday to be called “Arbor
Day” at a meeting of the State Board of Agriculture. The date was set for April 10, 1872.
Prizes were offered to counties and individuals for planting properly the largest number of trees
on that day. It was estimated that more than one million trees were planted in Nebraska on the
first Arbor Day. During the 1870’s, other states passed legislation to observe Arbor Day and
the tradition began in schools nationwide in 1882. National Arbor Day is celebrated on the last
Friday in April. On April 28, 2010 at 9:00 a.m. City staff along with the school children from St.
Marks will be planting various trees at Jaycee Park to celebrate Arbor Day.
It has been a tradition for the City to celebrate Arbor Day. This Proclamation is an important
element in commemorating the day.
H?
Proclamation will heighten public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of the importance of planting and maintaining trees.
FI:
Seven (7) Gumbo Limbo Trees, Three (3) Pidgeon Plum Trees, Three (3)
ISCAL MPACT
Strangler Fig Trees, and Ten (10) Sabal Palms will be planted by school children and
contractor. Cost: $4,185 from Parks Account #302-4299-580-63-10, Project CP0632
A:
Not approve Proclamation
LTERNATIVES
10 of 735
11 of 735
3. D
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present a Proclamation for Water Conservation Month --
EQUESTED CTION BY ITY OMMISSION
April, 2010.
ER:
Ten years ago, the Florida Section of American Water Works
XPLANATION OF EQUEST
Association declared the month of April as Water Conservation Month. The state has
experienced tremendous growth in population and tourism and typically experiences drought-
like conditions during the spring of the year. Therefore, April was set aside to educate citizens
about how they can help save Florida’s precious water resources. This Proclamation was
requested by the South Florida Water Management district.
H?
This Proclamation will help raise public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness for the need for water conservation.
FI:
None
ISCAL MPACT
A:
Not present Proclamation.
LTERNATIVES
12 of 735
Proclamation
Water Conservation Month
WHEREAS, Florida’s natural beauty, crystal blue waters and white sand beaches attract residents and
visitors from around the world; and
WHEREAS, clean and sustainable water resources are vital to Florida’s environment, economy and
quality of life; and
WHEREAS, more than 90 percent of Florida’s drinking water is supplied by underlying aquifers, and
our quality of life and the economy depend upon a clean and healthy environment; and
WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future
of Florida depends greatly upon the availability of water; and
WHEREAS, South Florida residents consume 179 gallons per person, per day – the highest water
usage in the state; and
WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop
alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade
drinking water facilities and improve wastewater treatment; and
WHEREAS, water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved,
while the cost of constructing alternative water supply facilities can range from $5 to $7 per 1,000
gallons of water created; and
WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality,
private citizens and others can make positive contributions to reduce water use and protect Florida’s
water resources;
WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water
Conservation Program to instill a lasting culture of conservation in our communities; and
WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida’s Water
Conservation Month to encourage Floridians to conserve the state’s precious water resources;
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton
Beach, Florida, hereby proclaim the month of April 2010 as:
Water Conservation Month
and urge all citizens to help protect our precious resource by practicing water saving measures and
becoming more aware of the need to save water.
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 6th day of April, Two Thousand Ten.
13 of 735
3. E
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present a Proclamation for Water Reuse Week -- May 10-
EQUESTED CTION BY ITY OMMISSION
16, 2010
ER:
Water reuse is critical for South Florida to maintain both a vibrant
XPLANATION OF EQUEST
natural environment and viable public water supply. Given the lingering impacts of a severe
multi-year water shortage, it is more important than ever for communities to be reminded that
conservation and reuse can ease the pain of water shortage and help protect vital water
resources for the environment and future generations of South Floridians.
The South Florida Water Management District has requested this Proclamation. The District’s
goal is to have the largest number of Water Conservation Month and Water Reuse Week
proclamations in the State, which they will present to the governor at a special ceremony
during the April Cabinet meeting.
H?
This Proclamation will help raise public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of the role of reused water in helping to conserve potable water.
FI:
None
ISCAL MPACT
A:
Not present Proclamation.
LTERNATIVES
14 of 735
Proclamation
Water Reuse
WHEREAS, safe, clean, and sustainable water resources are essential to Florida’s environment,
economy, citizens and visitors; and
WHEREAS, Florida’s water supplies are finite, while our population and our need for water resources
continues to increase; and
WHEREAS, water reuse provides a means for conserving and augmenting Florida’s precious water
resources; and
WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives
in Chapters 373 and 403, Florida Statutes, and
WHEREAS, Florida’s permitted reuse capacity exceeds 1.4 billion gallons per day (over 58 percent of
Florida’s total permitted capacity for all domestic wastewater treatment facilities); and
WHEREAS, the City of Boynton Beach has joined with the State of Florida, the Florida Department of
Environmental Protection, and the South Florida Water Management District in encouraging and
promoting water reuse and conservation; and
WHEREAS, the City of Boynton Beach has implemented a water reuse program and encourages
efficient and effective use of reclaimed water;
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton
Beach, Florida, hereby proclaim May 10-16, 2010, as:
Water Reuse Week
and urge each citizen and business to help protect our precious resource by practicing water
conservation and to use reclaimed water in an efficient and effective means.
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 6th day of April, Two Thousand Ten.
15 of 735
3. F
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present a Proclamation to the Boynton Beach Police
EQUESTED CTION BY ITY OMMISSION
Department Communications Section commemorating National Telecommunicator's Week -- April 11-
17, 2010.
ER:
Public safety dispatchers are the first and most critical contact our
XPLANATION OF EQUEST
citizens have with emergency services. They provide the vital link to our police officers and
firefighter paramedics and coordinate the response of emergency service personnel to critical
incident scenes throughout the city. Our telecommunicators have displayed professionalism,
compassion and understanding in dealing with the many citizens who call in acute distress and
have contributed substantially to apprehension of criminals, suppression of fires and treatment
of medical patients. Our police officers and firefighter paramedics rely on the accuracy of the
information they receive from our telecommunicators in order to safely respond and provide
services. It is appropriate to honor the work of our telecommunicators with a resolution from
the city commission.
H?
Increased morale in our Communications
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section.
FI:
None.
ISCAL MPACT
A:
None.
LTERNATIVES
16 of 735
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
thth
APRIL 11 – 17, 2010
National Telecommunicator's Week
April 11 -- 17, 1998
Whereas
emergencies can occur at anytime that require police, fire or emergency medical services;
And Whereas
when an emergency occurs the prompt response of police officers, firefighters and paramedics is
critical to the protection of life and preservation of property;
And Whereas
the safety of our police officers, and firefighters is dependent upon the quality and accuracy of
information obtained from citizens who telephone the Boynton Beach Emergency Communications Center;
And Whereas
Public Safety Dispatchers are the first and most critical contact our citizens have with emergency
services;
And Whereas
Public Safety Dispatchers are the single vital link for our police officers and firefighters by
monitoring their activities by radio, providing them information and insuring their safety;
And Whereas
Public Safety Dispatchers of the Boynton Beach Police Department have contributed substantially
to the apprehension of criminals, suppression of fires and treatment of patients;
And Whereas
each dispatcher has exhibited compassion, understanding and professionalism during the
performance of their job in the past year;
Therefore Be It Resolved
that the City Council of Boynton Beach proclaims the week of April 11th through
17th, 2010 to be National Telecommunicator's Week in Boynton Beach, in honor of the men and women whose
diligence and professionalism keep our city and citizens safe.
Signed this 6th day of April, 2010
Mayor
Boynton Beach City Council
17 of 735
3. G
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present a Proclamation celebrating National Library Week
EQUESTED CTION BY ITY OMMISSION
-- April 11-17, 2010.
ER:
National Library Week is held each year throughout the United
XPLANATION OF EQUEST
States to remind communities that libraries everywhere play a vital role in supporting the
quality of life in their communities and to encourage everyone to use their local libraries.
H?
This Proclamation will help raise public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness that our own Boynton Beach City Library is here to serve as a crucial technology hub for
people in need of free Web access, computer training, and assistance finding job resources; a place for
opportunity, education, self-help and lifelong learning.
FI:
None
ISCAL MPACT
A:
Not present Proclamation.
LTERNATIVES
18 of 735
PROCLAMATION
WHEREAS
, libraries everywhere play a vital role in supporting the quality of life in their communities;
WHEREAS
, our nation’s school, academic, public and special libraries make a difference in the lives of
millions of Americans, today, more than ever;
WHEREAS
, librarians are trained professionals, helping people of all ages and backgrounds find and
interpret the information they need to live, learn and work in a challenging economy;
WHEREAS
, libraries serve as crucial technology hubs for people in need of free Web access, computer
training, and assistance finding job resources;
WHEREAS
, libraries are part of the American Dream – places for opportunity, education, self-help and
lifelong learning;
WHEREAS,
library use is up nationwide among all types of library users, continuing a decade-long
trend;
WHEREAS
, libraries, librarians, library workers and supporters across America are celebrating National
Library Week;
NOW, THEREFORE
, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, do hereby proclaim April 11-17, 2010 as
National Library Week
and I encourage all residents to visit the Boynton Beach City Library this week to take advantage of the wonderful
library resources available at your library. Communities thrive at your library.
IN WITNESS WHEREOF
, I have hereunto set my hand and caused the Seal of the City of Boynton
th
Beach to be affixed at Boynton Beach, Florida, the 6 day of April, 2010.
____________________________________
Jose Rodriguez, Mayor
City of Boynton Beach
ATTEST:
_________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
19 of 735
3. H
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present a Proclamation celebrating Earth Day on April 22,
EQUESTED CTION BY ITY OMMISSION
2009 and Earth Week April 19-25, 2010.
ER:
The first Earth Day was celebrated on April 22, 1970, with the goal
XPLANATION OF EQUEST
of inspiring environmental awareness and encouraging the conservation, protection and
appreciation of our nation’s natural resources. April 22, 2010 marks the fortieth anniversary of
Earth Day. This unique event provides an opportunity to appreciate our natural heritage,
increase ecological awareness and to take active steps to preserve our environment. The City
recognizes this growing awareness and concern, expanding Earth Day into a week long
educational event.
H?
This Proclamation will help raise public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness about Earth Day and our need to take a proactive role in shaping the future of our
environment and protecting our natural resources.
FI:
None
ISCAL MPACT
A:
Not present Proclamation.
LTERNATIVES
20 of 735
P R O C L A M A T I O N
Whereas
, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental
awareness and encouraging the conservation, protection and appreciation of our nation’s natural
resources; and
Whereas,
April 22, 2010 marks the fortieth anniversary of Earth Day, this unique event provides an
opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to
preserve our environment. The City recognizes this growing awareness and concern, expanding Earth
Day into a week long educational event; and
Whereas
, it is the responsibility of each of us to safeguard the environment, by recognizing that all
human life depends upon the Earth and upon one another for our mutual existence, well-being and
development. We all deserve clean air, clean water and a healthy ecosystem; and
Whereas
, the steps we can take to protect and preserve our natural environment through education,
partnerships and positive actions should be encouraged in the City of Boynton Beach; and
Whereas
, the citizens of Boynton Beach are committed not only to the protection and preservation of
our environment, but also to the restoration of ecosystems and habitat; and
Whereas
, Boynton Beach citizens, staff and elected officials are working closely with federal, state, and
local governments and with non-governmental organizations, to develop and implement regulations and
ordinances specifically designed to preserve and improve Boynton Beach’s fragile ecosystems and the
quality of life therein; and
Whereas
, Boynton Beach proudly recognizes all who participate in Earth Day, for their dedication to
taking a proactive role in shaping the future of our environment and in protecting Boynton Beach’s
precious natural resources.
Now therefore
, I, Jose Rodriguez, Mayor of the City of Boynton
by virtue of the authority vested in me as
Beach, FL do hereby proclaim the week of April 19, 2010, as
EARTH WEEK
in Boynton Beach and urge all our citizens to be mindful of local state and national laws which protect
our environment and to join in efforts to preserve the beauty and wonder of the lands, skies and water of
the Earth in all its diversity.
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 6th day of April, two thousand and ten.
_________________________________
Jose Rodriguez, Mayor
ATTEST: City of Boynton Beach
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
21 of 735
3. I
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announce the Palm Beach International Film Festival
EQUESTED CTION BY ITY OMMISSION
outdoor screening
ER:Sunday, April 25, 2010
On , the Boynton Beach CRA, the City of
XPLANATION OF EQUEST
Boynton Beach and The Palm Beach International Film Festival will present the only outdoor
screening of the festival, featuring the Oscar award winning film CHICAGO rated PG-13. This
FREE event will take place from 7:45 to 10:00 at the Ocean Avenue Amphitheatre next
PM PM
to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and
Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no
pets please
H?
Bring residents and visitors to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
downtown area of Boynton Beach.
FI:
CRA Budget – line item 02-58500-480
ISCAL MPACT
A:
Not to allow the announcement.
LTERNATIVES
22 of 735
5. A
ADMINISTRATIVE
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the resignation of Jeff Lis, a regular member of the
EQUESTED CTION BY ITY OMMISSION
Planning and Development Board.
ER:
Jeff Lis has submitted an email of resignation stating his reason for
XPLANATION OF EQUEST
the request.
H?
The Planning and Development Board will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
23 of 735
24 of 735
5. B
ADMINISTRATIVE
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards.
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
25 of 735
26 of 735
27 of 735
5. C
ADMINISTRATIVE
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10-033 -- Appoint a
EQUESTED CTION BY ITY OMMISSION
City Commission representative and alternate to the Metropolitan Planning Organization.
ER:
This Regular appointment was filled last year by Jose Rodriguez
XPLANATION OF EQUEST
and any/all Commissioners served as Alternates.
The Metropolitan Planning Organization was created by federal regulations and Florida
Statutes to meet federal requirements for obtaining and expending federal transportation
funds. The MPO is composed of local elected officials from County and municipal
governments and applicable transportation authorities, and is independent of local elected
bodies. The responsibilities of the MPO encompass multi-modal transportation planning and
addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is
th
held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the
Government Center.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
The alternative would be to not make an appointment.
LTERNATIVES
28 of 735
RESOLUTION NO. R10-033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPOINTING
__________________________ AS A REPRESENTATIVE TO THE
METROPOLITAN PLANNING ORGANIZATION AND
APPOINTING ________________ AS ALTERNATE
REPRESENTATIVE TO THE METROPOLITAN PLANNING
ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Metropolitan Planning Organization; and
WHEREAS,
the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor of
service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and
correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_______________________ as a representative to the Metropolitan Planning Organization and appoints
_________________________ as alternate representative to the Metropolitan Planning Organization.
Section 3. That this Resolution shall become effective immediately upon passage.
29 of 735
PASSED AND ADOPTED
this ______ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
30 of 735
5. D
ADMINISTRATIVE
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10-034 -- Re:
EQUESTED CTION BY ITY OMMISSION
Appointing a City Commission representative and alternate to the Countywide Intergovernmental
Coordination Program.
ER:
The Regular appointment to this Program was filled by Lori
XPLANATION OF EQUEST
LaVerriere and/or a staff member filled the Alternate position.
The Countywide Intergovernmental Coordination Program has been in place for several years
under the auspices of two interlocal agreements that were signed by all municipalities, the
School Board, the Water Management District and several special districts. The members of
this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual
local government decides the length of the term.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
The alternative to this decision would be to not make an appointment to this
LTERNATIVES
organization.
31 of 735
RESOLUTION NO. R10-034
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPOINTING
__________________________ AS A REPRESENTATIVE TO THE
COUNTYWIDE INTERGOVERNMENTAL COORDINATION
PROGRAM AND APPOINTING __________________________ AS
ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE
INTERGOVERNMENTAL COORDINATION PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Countywide Intergovernmental Coordination Program; and
WHEREAS,
the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor of
service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and
correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_______________________ as a representative to the Countywide Intergovernmental Coordination
Program and appoints _________________________ as alternate representative to the Countywide
Intergovernmental Coordination Program.
Section 3. That this Resolution shall become effective immediately upon passage.
32 of 735
PASSED AND ADOPTED
this ______ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
33 of 735
5. E
ADMINISTRATIVE
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10-035 -- Appoint a
EQUESTED CTION BY ITY OMMISSION
City Commission representative and appoint all City Commission members and the City Manager as
alternate representatives to the Palm Beach County League of Cities.
Attached is a brief synopsis of this organization
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
The alternative to this appointment would be to not make the appointment.
LTERNATIVES
34 of 735
RESOLUTION NO. R10-035
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPOINTING
AS A REPRESENTATIVE TO THE PALM BEACH
COUNTY LEAGUE OF CITIES, AND APPOINTING ALL CITY
COMMISSION MEMBERS, AND THE CITY MANAGER AS
ALTERNATE REPRESENTATAIVES TO THE PALM BEACH
COUNTY LEAGUE OF CITIES; AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Palm Beach County League of Cities; and
WHEREAS,
the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor of
service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and
correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_________________________ as a representative to the League of Cities and appoints any City
Commission member and City Manager as alternate representative to the Palm Beach County League of
Cities.
Section 3. That this Resolution shall become effective immediately upon passage.
35 of 735
PASSED AND ADOPTED
this ______ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
36 of 735
Palm Beach County League of Cities
The palm Beach County League of Cities shall advocate the collective interests of the municipalities in
Palm Beach County in accordance with the principles of self-government. The Municipal League of
Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations.
The membership term is one year.
Representative - Alternate –
Metropolitan Planning Organization
The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet
federal requirements for obtaining and expending federal transportation funds. The MPO is composed
of local elected officials from County and municipal governments and applicable transportation
authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass
multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time
th
frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12 floor
conference room of the Government Center.
Representative- Alternate -
Coalition of Boynton West Residents Association
The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives
of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton
Beach, a City representative and alternate are welcome to attend the meetings to address issues of
rd
interest or concern. The meeting is held the 3 Wednesday of each month at 10:00 a.m. at various
locations throughout the COBWRA area.
Representative - Alternate -
Countywide Intergovernmental Coordination Program
The Countywide Intergovernmental Coordination Program has been in place for several years under the
auspices of two interlocal agreements that were signed by all municipalities, the School Board, the
Water Management District and several special districts. The members of this Forum meet quarterly to
discuss issues of inter-jurisdiction significance. Each individual local government decides the length of
the term.
Representative - Alternate –
S:\CC\WP\EasyAgenda Items\Description of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program.doc
37 of 735
5. F
ADMINISTRATIVE
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10-036 -- Appointing a
EQUESTED CTION BY ITY OMMISSION
City Commission representative and alternate to the Coalition of Boynton West Residents Association
(COBWRA)
ER:
The Regular appointment to COBWRA was filled by Commissioner
XPLANATION OF EQUEST
Ross and any/all Commissioners filled the Alternate appointment.
The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of
representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to
the City of Boynton Beach, a City representative and alternate are welcome to attend the
rd
meetings to address issues of interest or concern. The meeting is held the 3 Wednesday of
each month at 10:00 a.m. at various locations throughout the COBWRA area.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
The alternative would be to not make an appointment to this association.
LTERNATIVES
38 of 735
RESOLUTION NO. R10-036
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPOINTING
__________________________ AS A REPRESENTATIVE TO THE
COALITION OF BOYNTON WEST RESIDENTIAL
ASSOCIATIONS, INC., (COBWRA) AND APPOINTING
_________________________________ AS ALTERNATE
REPRESENTATIVE TO THE COALITION OF BOYNTON WEST
RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA); and
WHEREAS,
the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor of
service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and
correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_______________________ as a representative to the Coalition of Boynton West Residential
Associations, Inc., (COBWRA) and appoints _________________________________ as alternate
representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA).
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this ______ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
___________________________________
Vice Mayor – Woodrow L. Hay
39 of 735
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
40 of 735
6. A
CONSENT AGENDA
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the Minutes from the City Commission meetings
EQUESTED CTION BY ITY OMMISSION
held on March 2, 2010 and March 16, 2010.
ER:
The City Commission met on March 2, 2010 and March 16, 2010
XPLANATION OF EQUEST
and minutes were prepared from the notes taken at the meetings by the Deputy City Clerk.
The Florida Statutes provide that minutes of all Commission meetings be prepared, approved
and maintained in the records of the City of Boynton Beach.
H?
A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
41 of 735
42 of 735
43 of 735
44 of 735
45 of 735
46 of 735
47 of 735
48 of 735
49 of 735
50 of 735
51 of 735
52 of 735
53 of 735
54 of 735
55 of 735
56 of 735
57 of 735
58 of 735
59 of 735
60 of 735
61 of 735
62 of 735
63 of 735
64 of 735
65 of 735
66 of 735
67 of 735
68 of 735
69 of 735
70 of 735
71 of 735
72 of 735
73 of 735
74 of 735
6. B
CONSENT AGENDA
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the Budget Status Report of the General Fund and
EQUESTED CTION BY ITY OMMISSION
the Utility Fund Revenues and Expenditures for the five (5) month period ended February 28, 2010.
ER:
This is the monthly financial report for the period thru February 28,
XPLANATION OF EQUEST
2010. As in prior monthly reports, we are summarizing and providing this analysis of actual
revenues and expenditures of the City’s General Fund and Utility Fund for the five month
period ended February 28, 2010. The analysis compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The report is one of the financial reporting
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services of the Finance Department for the purpose of providing interim financial information to
the City Commission and to City Management.
FI:
The fiscal impact of the actual budgetary results to date for the General Fund
ISCAL MPACT
and the Utility Fund follow.
GENERAL FUND
The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009
budget of $73.9 million. However, in order to balance the budget in FY 2010, it required the
following two non-revenue funding sources.
A fund balance appropriation of $3.5 million and
75 of 735
Transfers from other funds of $22.4 million representing 31% of all fund sources.
This is an unusually high 36% of our total budget.
For the five months (42%) of FY 2010,
Revenues and transfers realized are $40.7 million (56%) of the budget estimate.
Expenditures incurred are $26.2 million (36%) of the annual appropriated budget.
FY 2010FY 2009FY 2010 vs. 2009
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget (*)
Amount%Amount%%%
Revenues & Transfers$ 72,537$ 40,75056%$ 73,963$ 39,805 54%-2%2%
Expenditures$ (72,537)$ (26,205)36%$ (73,963) $ (31,137)42%-2%-16%
Excess (Deficit)$ -$ 14,545$ -$ 8,668
(*) The FY 2009 budget represents the final amended budget for the year. The original budget
for the year was $70.7 million as noted on Exhibits A and B. The difference represented the
transfer of funding sources and an equal amount of expenditures from the Fire Assessment
Fund to the General Fund for operating expenditures.
The following summarizes the major revenues and expenditures to date.
Revenues & Transfers (Exhibit A) -
Overall, with $40.7 million received to date, we are
slightly ahead, but generally on track for receiving estimated funding sources; both at this point
in time during the fiscal year and in comparison to last year for individual sources.
In the current year, these funding sources can be summarized into three major groups making
up the total percentage of the budget:
1. 36% - $ 26.0 M – Property taxes less Tax Increment Financing to the CRA
The majority of property taxes are received in December (versus
ratably over the year) and the CRA is sent 100% of their taxes in
December. We monitor receipts in % comparison to last year.
2. 36% - $ 25.9 M – Transfers from other funds and Fund balance appropriated
Current practice is to make 1/12 of these funding sources available
to the General Fund monthly. We initiated this midway last year.
3. 28% - $ 20.6 M – We monitor all other revenues closely comparing to last year.
100% - $ 72.5 M – Total funding sources
Expenditures (Exhibit B) –
General Fund expenditures to date are $26.2 million (36%) of the
$72.5 million expenditure appropriation for FY 2010. The current appropriation represents a
2% decrease of $1.4 million compared to FY 2009.
The graph at the bottom of Exhibit B displays actual expenditures of $26.2 million are on track
with the budget yet below the $31.1 million actual spending levels in FY 2009 for this same
period.
76 of 735
UTILITY FUND
The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease
from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in
an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million.
In FY 2009, with declining water consumption, revenues were insufficient to cover the
expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last
year to cover the budgeted expenditures. Considering the need to balance the budget and
make up for the budgeted deficit, the following occurred last year.
Necessary rate increases were approved and put in place on May 1 resulting in added
revenues of $2.5 million to partially offset the $4.8 million estimated deficit.
Added expenditure reductions were implemented resulting in actual expenditures of
$30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million
savings of 15%.
For the five months (42%) of FY 2010,
Revenues realized are $14.0 million (42%) of the annual budget estimate.
Expenditures incurred are $12.2 million (37%) of the annual appropriated budget.
This results in an excess of revenues over expenditures of $1,778 thousand.
FY 2010FY 2009FY 2010 vs. 2009
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues$ 33,034 $ 14,003 42%$ 35,442 $ 14,276 40%-7%-2%
Expenditures$ (33,034)$ (12,225)37%$ (35,442)$ (12,991)37%-7%-6%
Excess (Deficit)$ -$ 1,778 $ -$ 1,285
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) -
The $14.0 million in FY 2010 revenues and fund balance
appropriation when compared to same period for FY 2009 results in excess revenues of $1.8
million, note:
Water Sales - $7.0 million = 45% of the annual estimate, compared to $4.8 million at
this point in FY 2009. This $2.2 million difference results from water rate increases are
fully in place this year whereas they were not implemented in FY 2009 until May 1,
2009.
Last year in FY 2009, $2.0 million of fund balance appropriation was recognized as a
funding source. However, this year in FY 2010, we are recognizing a return to fund
balance of $1.0 million.
The May 1, 2009 water and sewer rate increases provided for adequate bond debt service
77 of 735
coverage that was in jeopardy prior to the increases.
Expenditures (Exhibit D)
– Utility Fund expenditures to date are $12.2 million or 37% of the
annual appropriation compared to the 42% portion of the current FY 2010 elapsed budget
period. Individual percentage variances are noted on Exhibit D noting that all departmental
accounts are operating within their budget at this point in the year.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting. Also, the City Budget team is meeting for the 2010-11 Budget/Five
Year Financial Plan. We expect to have preliminary taxable value information from the Palm
Beach County Property Appraiser by the end of April. We are projecting a 15% drop in taxable
value for 2010. The final numbers are released in late June but because all the municipalities
and the county are dependent on property tax revenues, the Property Appraiser has been
providing earlier and preliminary data to governmental units.
78 of 735
79 of 735
80 of 735
81 of 735
82 of 735
6. C
CONSENT AGENDA
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION R10-037 -- Adopt the Palm
EQUESTED CTION BY ITY OMMISSION
Beach County Unified Local Mitigation Strategy (LMS) Plan.
ER:
Section 322 of the Stafford Act, as enacted by the Disaster
XPLANATION OF EQUEST
Mitigation Act of 2000, was created to establish a national disaster hazard mitigation program
to reduce the loss of life and property, human suffering, economic disruption, and disaster
assistance costs resulting from disasters, and to assist state, local and Indian tribal
governments in implementing effective hazard mitigation measures to ensure the continuation
of critical services and facilities after a natural disaster. As a condition for qualifying for and
receiving future Federal mitigation assistance funding, state and local governments must have
Federal Emergency Management Agency (FEMA) approved hazard mitigation plans in place
that identify the natural hazards that could impact their jurisdictions, identify actions and
activities to mitigate the effects of those hazards, and establish a coordinated process to
implement plans.
The purpose of the Palm Beach County Unified Local Mitigation Strategy (LMS) is to develop a
unified approach among County and municipal governments for dealing with hazards and for
county-wide mitigation planning. The LMS was formally adopted by the county, municipalities,
and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part,
by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management
Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation
planning.The LMS was established and continues to operate in accordance with prevailing
federal, state and local guidelines and requirements. The plan must be amended every five (5)
years, and in 2004 the plan and program were substantially modified to improve operational
effectiveness and to comply with new federal guidelines established in response to the
Disaster Mitigation Act of 2000.
83 of 735
The LMS assists with reducing the City’s vulnerability to identified natural, technological and
societal hazards. The implementation of the LMS program is a City-wide responsibility.
Adoption of the LMS assists the City in reducing our Community Rating System (CRS) rating
which in turn increases the percentage discount on flood insurance for our residents. Due to
our participation in the LMS, the City’s CRS rating has dropped from an ‘8’ to a ‘7’ which
corresponds to a 15% discount on flood insurance for residents.
Attached is a summary document of the LMS. The document in its entirety (524 pages –
8.02MG) can be viewed at the following website:
www.pbcgov.com/publicsafety/emergencymanagement/resources/pdf/2009LMSPlan.pdf
H?
The City will modify its standard operating
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
procedures to adopt the County-wide LMS program. The City will also pursue available
funding opportunities for implementation of proposed mitigation initiatives described in the
Plan, and upon receipt of such funding or other necessary resources, seek to implement the
actions in accordance with the mitigation strategies set out by the plan.
FI:
The LMS program will be implemented with current staffing and budget, and
ISCAL MPACT
staff will research and apply for available grant funding opportunities.
A:
Not to adopt the LMS would cause the City to lose its voting rights in the future
LTERNATIVES
planning process and cause the City to be ineligible for future mitigation assistance.
84 of 735
RESOLUTION NO. R10 - 037
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH
TO APPROVE AND ADOPT THE 2009 REVISED PALM BEACH
COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Palm Beach County is susceptible to a variety of natural and man-made disasters;
and
WHEREAS
, the Disaster Mitigation Act of 2000, was enacted to establish a national disaster
hazard mitigation program to reduce the loss of life and property, human suffering, economic disruption,
and disaster assistance costs resulting from disasters, and to assist state, local and Indian tribal
governments in implementing effective hazard mitigation measures to ensure the continuation of critical
services and facilities after a natural disaster, and
WHEREAS
, the Disaster Mitigation Act of 2000, as a condition for qualifying for and receiving
future Federal mitigation assistance funding, requires such governments to have Federal Emergency
Management Agency approved hazard mitigation plans in place that identify the natural hazards that
could impact their jurisdictions, identify actions and activities to mitigate the effects of those hazards,
and establish a coordinated process to implement plans; and
WHEREAS,
Palm Beach County’s Local Mitigation Strategy, in coordination with
governmental and non-governmental stakeholders having an interest in reducing the impact of natural
disasters, and with input from the private sector and other members of the public, developed and revised
the Palm Beach County Unified Local Mitigation Strategy; and
WHEREAS
, the 2009 revised Unified Local Mitigation Plan has been approved by the Florida
Division of Emergency Management and the Federal Emergency Management Agency subject to
adoption by the County Board of County Commissioners; and
85 of 735
WHEREAS
, the LMS Steering Committee recommends the formal adoption of the 2009
Revised Unified LMS Plan, including planned future enhancements described therein, by the County
and all 38 participating municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City of Boynton Beach hereby approves and adopts the 2009 Revised Unified
Local Mitigation Strategy Plan (attached hereto as Exhibit A) in its entirety, as revised by the LMS and
approved by the Palm Beach County Board of County Commissioners, the Florida Division of
Emergency Management and the Federal Emergency Management Agency.
Section 3. The City of Boynton Beach authorizes the appropriate City of Boynton Beach
Officials to pursue available funding opportunities for implementation of proposed mitigation initiatives
described in the Plan, and upon receipt of such funding or other necessary resources, seek to implement
the actions in accordance with the mitigation strategies set out by the plan.
Section 4. The City of Boynton Beach will continue to support and participate in the LMS
planning and implementation process as required by FEMA, the Florida Division of Emergency
Management, and the Palm Beach County LMS Steering Committee.
Section 5. The City Commission directs the City of Boynton Beach Clerk to transmit an original
of the executed Resolution to the Palm Beach County Division of Emergency Management, attention
LMS Coordinator (712-6481), for filing in the Office of the Clerk and Comptroller.
Section 6. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
86 of 735
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – William Orlove
________________________________
Commissioner – Steve Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
87 of 735
88 of 735
89 of 735
90 of 735
91 of 735
92 of 735
93 of 735
94 of 735
95 of 735
96 of 735
97 of 735
98 of 735
99 of 735
100 of 735
101 of 735
102 of 735
103 of 735
104 of 735
105 of 735
106 of 735
6. D
CONSENT AGENDA
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10 -038 -- Approve an
EQUESTED CTION BY ITY OMMISSION
Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the
Fire Assessment Program for FY 2010-2011 with (A) the scope of professional services and specialized
assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated
$325 to $40,000 should they become necessary.
ER:
This request is only for the hiring of Government Services Group,
XPLANATION OF EQUEST
Inc. to assist the City with the Fire Assessment Program and not to make budgetary or Fire
Assessment rate decisions. The City does not maintain the technical staff to obtain the
property files from the County Property Appraiser’s Office, to provide the required specialized
analysis, or to upload the property files with the assessment rates back to the Appraiser’s
Office. This is the major need for which the City contracts for external professional services.
The following paragraphs provide background to the Fire Assessment Program as a prelude to
budgetary considerations for FY 2010-2011,
The City originally initiated a seven year Fire Assessment Program in FY 2001-2002 through
FY 2007-2008 with a sunset provision in FY 2008-2009 unless continued. At that time, in order
to continue the program, it was required to implement a new Fire Assessment Program
beginning in FY 2008-2009. The Commission also approved the Program for the current FY
2009-2010.
The Fire Assessment can only be developed to cover up to the full costs of the Fire Rescue
portion of the total Fire Department. Therefore, the cost determination must exclude
Emergency Medical Service (EMS) expenditures of the Fire Department to determine the
assessable costs. In turn, the assessable costs must then be allocated to property types
107 of 735
(residential, commercial, industrial/warehouse, institutional, and nursing homes) obtained from
the County Property Appraiser based on the percentage of calls to each property type.
The range of potential additional services primarily relates to mailing first class letters to (a)
newly affected property owners ($325) and (b) all property owners should the rates be raised
for the coming year ($40,000). See the “Fiscal Impact” section on the next page to see the
potential added revenues raised at alternative Fire Assessment rates.
Government Services Group, Inc. (GSG) established the initial methodology and provided assistance to
the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned
for extension beyond those years, we solicited Requests for Proposals. We selected GSG to continue
with their service due to their familiarity with the City, proven methodology that stood legal tests and
offered at a lower cost to the City.
H?
The Fire Assessment has significantly
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
improved fire protection services in the City with the addition of capital facilities and operating
and partial support of seven (7) full time fire companies. In total, the response time was
reduces to just over four (4) minutes. The added fire stations and fire companies supported
with the Fire Assessment are:
Station No. 4 (South Federal Highway) – 3 apparatus bays, 2 full time companies –
8,179 sq. ft. – Operational – funded by Fire Assessment – New
Station No. 2 (Woolbright, west of Congress) – 4 apparatus bays, 2 full time companies
– 10,000 sq. ft. – Operational – funded by Fire Assessment – New
Station 5 (Gateway and High Ridge) – 5 apparatus bays, 3 full time companies –
operational - Approximate total sq ft. - 41,132 including the Fire Administration
Headquarters, a secondary Dispatch Center, and an Emergency Operations Center
(EOC) - This EOC will function as a limited City Hall in the event that the current City
Hall is damaged by storms. Funded by Fire Assessment - New
While no additional fire stations are anticipated, except in the situation of future westward
annexation, Fire Assessment funds can provide added support for current operations,
additional personnel, and needed renovations and / or future replacement of older existing Fire
Stations #1 and #3.
FI:
See the attached Statement of Source and Use of Funds for the Fire
ISCAL MPACT
Assessment Fund. For the eight (8) fiscal years ended September 30, 2009, the Fire
Assessment provided $21.3 million to improve and partially maintain fire-rescue services in the
City. However, this only represents an average of 17% of the total Fire Department budget.
This is much less than 100% for two reasons using the current budget FY 2009-2010 as an
example –
1. Total assessable (allowable) costs of $10,469,038 (excluding EMS) represent only 54%
of the total $19,378,362 General Fund Fire Department budget.
2. Of the total assessable (allowable) costs of $10,469,038, the Fire Assessment rates
adopted only represented approximately 36.5% of total assessable costs as illustrated
in the left column in the table below.
108 of 735
While a budgetary decision, alternate levels up to 100% of assessable costs are illustrated in
the table below for the current budget FY 2009-2010.
36.5% 40% 50% 60% 70% 75% 100%
Percent of Assessable Costs
Residential Per Dwelling Unit $ 68.00 $ 74.00 $ 93.00 $ 111.00 $ 130.00 $ 139.00 $ 185.00
Non-Residential Per Sq. Foot
Commercial $ 0.15 $ 0.17 $ 0.21 $ 0.25 $ 0.29 $ 0.31 $ 0.41
Industrial/Warehouse $ 0.04 $ 0.04 $ 0.05 $ 0.06 $ 0.07 $ 0.07 $ 0.09
Institutional $ 0.17 $ 0.19 $ 0.23 $ 0.28 $ 0.32 $ 0.34 $ 0.46
Nursing Home $ 0.37 $ 0.41 $ 0.51 $ 0.61 $ 0.71 $ 0.77 $ 1.02
Estimated Net Revenue (Million) $ 3.5 $ 3.7 $ 4.6 $ 5.5 $ 6.4 $ 6.90 $ 9.15
It is through the assistance of GSG, that the City develops alternative rate levels for the Fire
Assessment during budget considerations by the City Commission plus their ability to provide
the needed interface with the County Property Appraiser’s Office.
A:
Do not authorize work to be done. Net effect would be to suspend the Fire
LTERNATIVES
Assessment FY 2010-2011. Not recommended. The data and process should be completed
so that the City Commission can make an informed decision as part of the budget process.
109 of 735
110 of 735
RESOLUTION NO. R10-038
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE PROPOSAL OF SERVICES
FOR THE POTENTIAL CONTINUATION OF THE FIRE ASSESSMENT
PROGRAM FOR FISCAL YEAR 2010/2011 WITH GOVERNMENT
SERVICES GROUP, INC. IN THE AMOUNT OF $17,500.00 AND THE
POTENTIAL ADDITIONAL SERVICES IN AN AMOUNT UP TO
$40,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, Government Services Group, Inc., (GSG) established the initial methodology and
provided assistance to the City for the first seven (7) years of the Fire Assessment Program; and
WHEREAS,
GSG was selected to continue with their service when the Fire Assessment was
extended due to their familiarity with the City, proven methodology that stood legal tests and offered at
a lower cost to the City; and
WHEREAS
, contracting with GSG will preserve the progress that has been made to-date in the
data collection/maintenance of this program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the City Manager to execute the proposal of services with Government Services Group,
Inc., in the amount of $17,500.00 to assist the City with the Fire Assessment Program for 2010-11 and
the potential additional services in an amount not to exceed $40,000.00, a copy of the proposed Scope of
services is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
111 of 735
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
112 of 735
6. E
CONSENT AGENDA
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION No. R10-039 -- Approve the
EQUESTED CTION BY ITY OMMISSION
Non-Profit Developer Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith-
Based Community Development Corporation, together with (2) R. M. Lee Community Development
Center, Inc. (CDCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization
Program (NSP).
ER:
The City Commission previously approved Resolution R10-028 to
XPLANATION OF EQUEST
amend the Community Development Block Grant (CDBG) Sub-Recipient contract agreement
between the City of Boynton Beach and the CDC’s to facilitate the implementation of the NSP
program.
Funded under Title III of Division B of the Housing and Economic Recovery Act of 2008, the
Neighborhood Stabilization Program was created to ease the negative impact of the nation’s
economic decline and housing market collapse. It is intended to stabilize and revitalize
communities that have been hit the hardest. Funds have been allocated to governmental
entities for the purpose of purchasing and redeveloping abandoned and foreclosed homes and
residential properties. The City of Boynton Beach has been allocated $2,963,311 under this
program. Jurisdictions have been directed to give priority emphasis and consideration to low
income and moderate areas, and other areas with the greatest need, including those -
(A) With the greatest percentage of home foreclosures;
(B) With the highest percentage of homes financed by a subprime mortgage related
loan; and
(C) Identified as likely to face a significant rise in the rate of home foreclosures
Eligible uses of the funds are to -
113 of 735
(A) Establish financing mechanisms for purchase and redevelopment of foreclosed
upon homes and residential properties, including such mechanisms as soft-seconds,
loan loss reserves, and shared-equity loans for low and moderate income
homebuyers:
(B) Purchase and rehabilitate homes and residential properties that have been
abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and
properties;
(C) Establish land banks for homes that have been foreclosed upon;
(D) Demolish blighted structures; and
(E) Redevelop demolished or vacant properties
Based upon information provided to city staff by HUD, it was determined that the Northeast
and Northwest quadrants of the city were the areas of greatest need for purposes of this
program. These areas had the highest numbers of foreclosures, the highest number of
mortgages at risk of becoming foreclosed, and the highest number of subprime loans.
The City of Boynton Beach had 18 months from the signing of the contract to obligate NSP
funds, and four years to expend. Funds are obligated for an activity when orders are placed,
contracts are awarded, services are received, and similar transactions have occurred that
require payment by the local government or Sub-recipient. The September 2010 deadline is
deadline for obligating funds, not the deadline for the expenditure.
Although the intent of the program was to get the monies expended as expeditiously as
possible, the NSP Program was placed under the statutory and regulatory guidelines of the
Community Development Block Grant (CDBG) Program. Since the implementation of this
program, there have been many adjustments to simplify program rules to expedite the
administration of NSP. As the program has evolved, city staff has attended eleven workshops
regarding the administration of NSP as recently as February 25, 2010.
The NSP program seeks to prevent future foreclosures by requiring housing counseling for
families receiving homebuyer assistance. This method, to the fullest extent possible, protects
future homebuyers by obtaining mortgages from conventional lenders who agree to comply
with sound lending practices. The local CDC is a HUD approved housing counseling agency,
and as such, requires each of its applicants to attend an eight hour housing counseling
workshop.
H?
Having the CDC’s act as the developer
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
for this program will enable the City to encumber funds and procure foreclosed or abandoned
properties in a more expeditious manner. The City of Boynton Beach will not be affected by the
presumed liability of owning the properties, and ongoing maintenance of these properties.
The CDC’s, as a HUD approved counseling agency, will be responsible for marketing the
program, identifying eligible properties and applicants, overseeing the rehabilitation, monitoring
the contractors, and maintaining the properties until sold. All funds recaptured as the result of
sales of the properties will not have an impact on the city’s future CDBG allocations as the
CDC’s will be the owners of the properties, and any funds recaptured will be reused for
purposes of the NSP program
114 of 735
All NSP funds will be dispersed at closing, 33% at purchasing, and 67% when the property is
sold.
FI:
Based upon the real estate market at the time of the application to HUD for
ISCAL MPACT
NSP funds, it was estimated that the city would be able to purchase and rehabilitate
approximately 12 properties. In the current market, and based upon the average costs of 26
recent listings at $80,000, closing costs, developer fees, and other costs involved, there is
$2,266,980 available for purchases, it is estimated that we should be able to obtain a
minimum of 13 properties. This number includes soft costs, developer costs at 13%, the cost
of estimated rehabilitation, if required, and the costs of securing and maintaining the properties
until they are closed.
The distribution of the funds follows:
City of Boynton Beach Allocation: $ 2,963,311
Less Allowable Administrative Costs @ 10% $ (296,331)
Less CRA Set Aside
$ (400,000)
Available to Purchase & Rehabilitate Properties
$ 2,266,980
Average Purchase Price $ 80,000
Developer Fee @13% of Purchase Price $ 10,400
Closing costs $ 4,800
Rehabilitation Cost $ 70,000
Securing the Property $ 1,000
Liability Insurance $ 800
Maintaining the Property $ 600
Contingency $ 6,783
Total Average Cost Per Property $ 174,383
Total Cost to Purchase & Rehabilitate 13 Properties
$ 2,266,980
These numbers are only based upon the average costs as observed from recent listings made
available to staff. Some prices will be lower, and some will be higher, which will cause fees to
adjust accordingly. The rehabilitation cost is based upon the costs shown below. It is also
acknowledged that the rehabilitation costs may not always apply, as it is assumed that not all
of the properties will need extensive rehabilitation. This being the case will allow for a few
more properties to be purchased.
Project Component Cost
Air Conditioning SEER 16 $ 8,000
Appliances (Energy Star) 2,500
Bathroom (tub, wall tile, shower doors) 2,500
Electrical Upgrades (panel, GFIs, smoke alarms, fluorescent fixtures) 6,000
Energy efficient windows (.40SHGC) 6,000
Energy saving Roofs 10,000
Heat pump hot water heaters or (insulating blankets with timers) 1,800
Hurricane Shutters 5,000
115 of 735
Impact Rated Exterior Doors 1,200
Insulation upgrade (R-30) 1,200
Interior doors 1,200
Kitchen (cabinets, counter, sink) 8,000
Painting 5,000
Sod & Landscaping 2,500
Tile Floors or green materials, i.e. bamboo 4,000
Water saving toilets, faucets 1,500
TOTAL $66,400
Optional
(Sales Appeal)
Window Treatments (Blinds) 1,000
Ceiling Fans 400
Driveway 4,000
Mail Box 150
A:
Not having the CDC’s act as developer will require the City staff to attempt
LTERNATIVES
property purchases through the standard City process involving Financial Services and the
City Commission approval for each purchase. The time involved in following this process
would make it unlikely that the NSP funds would be fully encumbered by September 30, 2010
as required by the grant.
116 of 735
RESOLUTION NO. R 10-039
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE A NON-PROFIT DEVELOPER AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT BETWEEN
THE CITY OF BOYNTON BEACH AND THE BOYNTON
BEACH FAITH-BASED COMMUNITY DEVELOPMENT
CORPORATION TOGETHER WITH R. M. LEE COMMUNITY
DEVELOPMENT CENTER, INC., TO ACT AS DEVELOPER
UNDER THE CITY’S NEIGHBORHOOD STABILIZATION
PROGRAM; AND PROVIDING AN EFFECTIVE ATE.
WHEREAS,
the City Commission previously approved Resolution R10-028 to amend the
Community Development Block Grant (CDBG) Sub-Recipient contract agreement between the City
of Boynton Beach and the CDC’s to facilitate the implementation of the NSP program; and
WHEREAS,
the Agreement allows for the CDC’s to act as the developer for this program
which will enable the City to encumber funds and procure foreclosed or abandoned properties in a
more expeditious manner; and
WHEREAS,
upon recommendation of staff, the City Commission of the City of Boynton
Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to
approve and authorize execution of the Non-Profit Developer Agreement between the City of
Boynton Beach and The Boynton Beach Faith-Based Community Development Corporation together
with R.M. Lee Community Development Center, Inc., to act as developer under the City’s
Neighborhood Stabilization Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
and authorizes the City Manager and City Clerk to execute the Non-Profit Developer Agreement
between the City of Boynton Beach and The Boynton Beach Faith-Based Community Development
117 of 735
Corporation together with R.M. Lee Community Development Center, Inc., to act as developer
under the City’s Neighborhood Stabilization Program, a copy of the Agreement is attached hereto as
Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of April, 2010.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
118 of 735
119 of 735
120 of 735
121 of 735
122 of 735
123 of 735
124 of 735
125 of 735
126 of 735
127 of 735
128 of 735
129 of 735
130 of 735
131 of 735
132 of 735
133 of 735
134 of 735
135 of 735
136 of 735
137 of 735
138 of 735
139 of 735
140 of 735
141 of 735
142 of 735
143 of 735
144 of 735
145 of 735
146 of 735
147 of 735
148 of 735
149 of 735
150 of 735
151 of 735
152 of 735
153 of 735
6. F
CONSENT AGENDA
April 6, 2010
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 6, 2010
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R10-040 -- Ratify the
EQUESTED CTION BY ITY OMMISSION
SEIU Florida Public Services Union White Collar FY 2009/2010 Collective Bargaining Agreement.
.
ER:
The City of Boynton Beach and the SEIU Florida Public Services
XPLANATION OF EQUEST
Union, CTW, CLC have bargained in good faith and agreed to the proposed agreement. On
March 16, 2010, the bargaining unit members voted to ratify. There are 136 active employees
covered by the terms and conditions of this agreement.
H?
There will be no change to programs and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
This is a one (1) year agreement. All items negotiated in this agreement are
ISCAL MPACT
currently budgeted for FY 2009/2010.
A:
Not approve the contract and expose the City to the possibility of being
LTERNATIVES
charged with an unfair labor practice.
154 of 735
RESOLUTION R10-040
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RATIFYING THE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES
UNION, CTW, CLC – WHITE COLLAR UNIT FOR THE ONE
YEAR PERIOD OF OCTOBER 1, 2009 THROUGH
SEPTEMBER 30, 2010, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
the City of Boynton Beach and the SEIU Florida Public Services Union, CTW,
CLC – White Collar Unit have successfully concluded negotiations for a one (1) year contract; and
WHEREAS
, on March 16, 2010, the Agreement was ratified by the Bargaining Unit of the
Union; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interests of the residents and citizens of the City to ratify the Agreement and authorize the Mayor
and City Clerk to execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified
and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services
Union, CTW, CLC – White Collar Unit for the one (1) year period of October 1, 2009 through
September 30, 2010, and authorizing and directing the Mayor and City Clerk to execute the
Agreement, a copy of said agreement being attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ___ day of April, 2010
.
CITY OF BOYNTON BEACH, FLORIDA
155 of 735
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
156 of 735
157 of 735
158 of 735
159 of 735
160 of 735
161 of 735
162 of 735
163 of 735
164 of 735
165 of 735
166 of 735
167 of 735
168 of 735
169 of 735
170 of 735
171 of 735
172 of 735
173 of 735
174 of 735
175 of 735
176 of 735
177 of 735
178 of 735
179 of 735
180 of 735
181 of 735
182 of 735
183 of 735
184 of 735
185 of 735
186 of 735
187 of 735
188 of 735