Loading...
Agenda 03-02-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MARCH 2, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow Hay Vice Mayor – District II Ron Weiland Commissioner – District I Jose Rodriguez 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 141 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor 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. Permit brief presentation by Pedro Guilarte, Census Bureau Partnership Specialist B. Present Proclamation to Boynton Beach Firefighters in appreciation of their work on behalf of the Muscular Dystrophy Association C. Announce the upcoming Movies on the Ave. event. D. Announce the upcoming Ocean Avenue Concert. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation of William Orlove, a regular member of the Recreation and Parks Board. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 3 of 141 A. Approve the Minutes from the City Commission meeting held on February 2, 2010 and the Special Meeting held on February 9, 2010. B. No action is requested. This item is informational for the purposes of updating the Commission regarding the implementation of Ordinance No. 09-040 and the vendor hired to administer the vacant property registration program. The goal of program is to provide more efficient management of vacant properties in the City. 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. 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R10-026 A. -- Amend the FY 2009-2010 budget to adjust budgeted appropriations to (1) provide revised spending authority for Capital Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008-2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. . PROPOSED RESOLUTION NO. R10-028 B. -- Staff recommends approval of the following: 1. Authorize the submission of an amendment to the Department of Housing and Urban Development (HUD) to the 2008 Application and Substantial Amendment to the Neighborhood Stabilization Program regarding the $400,000 that was allocated to the Community Redevelopment Agency (CRA) for the purpose providing financial subsidies for the development known as The Ocean Breeze Project. This allocation will be reprogrammed to facilitate the acquisition and rehabilitation activities allowed under the grant. 2. Amend the 2009/10 Community Development Block Grant (CDBG) Sub-recipient contract agreement between The City of Boynton Beach and the Boynton Beach Faith Based CDC and R M Lee Community Development Center to designate them as the developer under the City of Boynton Beach's Neighborhood Stabilization Program. 4 of 141 PROPOSED RESOLUTION NO. R10-029 C. -- Approve a revised tri-party Interlocal Agreement for the exchange of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. D. Notification of staff's intent to reject all fourteen bids received for the Seacrest Boulevard Roadway Improvements project and re-advertise for bids pending final authorization from FHWA/FDOT. TIME CERTAIN TO BE HEARD AT 7:00 PM E. -- Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (TABLED from 2/16/10) F. Authorization to provide South Florida Water Management District (SFWMD) with amended Phase I and Phase II Water Reuse Priority List and to authorize engineering work for Lawrence Rd. Re-Use Line 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 2010). B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations to allow Adult Arcade use in the C-2 (Neighborhood Commercial) zoning district, and provide staff with direction as to whether or not to proceed with processing said code review amendment. 13. LEGAL None 14. UNFINISHED BUSINESS None 5 of 141 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. 6 of 141 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: Permit brief presentation by Pedro Guilarte, Census EQUESTED CTION BY ITY OMMISSION Bureau Partnership Specialist ER: Census Day is Thursday, April 1, and Census Bureau Partnership XPLANATION OF EQUEST Specialist Pedro Guilarte has asked to make a brief presentation to the Commission on the importance of full participation in the 2010 Census. The Census is a count of everyone living in the U.S. and is mandated by the U.S. Constitution. Census data are used to distribute Congressional seats to states, to distribute more than $400 billion in federal funds to local, state and tribal governments each year and to make decisions about what community services to provide. Strict confidentially laws protect the confidentiality of respondents and the information they provide. It is especially critical this year to reach hard-to-count populations H? This will help raise public awareness of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the 2010 Census, the importance of being counted and help assure the public of the confidential nature of their responses. The Census will help determine how more than $400 billion in federal funds will be distributed, which could impact City programs and services. FI: The Census count will impact the amount of federal funds the City receives to ISCAL MPACT use for community services. A: Not permit presentation. LTERNATIVES 7 of 141 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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 Proclamation to Boynton Beach Firefighters in EQUESTED CTION BY ITY OMMISSION appreciation of their work on behalf of the Muscular Dystrophy Association ER: The Muscular Dystrophy Association has requested a XPLANATION OF EQUEST Proclamation in appreciation for the work of the Boynton Beach Fire Rescue Department, which each year fundraises for MDA through their “Fill a Boot” campaign. Last year, $32,000 was raised in Boynton Beach alone. Brandy Miller and Helga Moya, from the Muscular Dystrophy Association, will represent the organization. This is a Proclamation that the City has presented annually. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the invaluable work performed by the Boynton Beach Fire Rescue Department on behalf of the Muscular Dystrophy Association. FI: None ISCAL MPACT A: Not present Proclamation LTERNATIVES 8 of 141 Whereas fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens, and Whereas , in addition to their daily service to our communities, firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 50 years in the fight against neuromuscular diseases, and Whereas , Florida Firefighters collected over $2,171,000 in over 300 communities including over $32,000 in Boynton Beach with their 2009 “Fill-the-Boot” campaign for MDA, again making them MDA’s largest source of funding, and Whereas the Muscular Dystrophy Association is extremely grateful of Boynton Beach Firefighters for their support and dedication, and Whereas , the funds collected by the Boynton Beach Firefighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families, and Whereas , in honor of the efforts of the, the Muscular Dystrophy Association is sponsoring “Boynton Beach Firefighter Appreciation Month,” and Whereas , it is appropriate for all Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. 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 March 2010 as Boynton Beach Firefighter Appreciation Month in Boynton Beach and urge all citizens to reflect on the valuable contribution Boynton Beach Firefighters make to the Muscular Dystrophy Association. 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 2nd day of March, two thousand and ten. 9 of 141 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: Announcing the upcoming Movies on the Ave. event. EQUESTED CTION BY ITY OMMISSION ER: Friday, March 5, 2010 On , the Boynton Beach CRA, the City of XPLANATION OF EQUEST Boynton Beach and The Palm Beach Post will present a Movies on the Ave film screening, featuring MY LIFE IN RUINS. This FREE event will take place from 7:00 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 or blankets. Parking onsite, no pets please H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 10 of 141 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: Anouncement of the upcoming Ocean Avenue Concert. EQUESTED CTION BY ITY OMMISSION ER: Friday, March 19, 2010 On , the Boynton Beach CRA, the City of XPLANATION OF EQUEST Boynton Beach, Rick Lococo and The Palm Beach Post will present an Ocean Avenue Concert, Sundown Country Band featuring the . This FREE concert will take place from 6:00 to 9:00 at PM PM the Amphitheatre 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 onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 11 of 141 5. A ADMINISTRATIVE March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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 William Orlove, a regular EQUESTED CTION BY ITY OMMISSION member of the Recreation and Parks Board. ER: William Orlove has submitted a letter of resignation stating his XPLANATION OF EQUEST reason for the request. H? The Recreation and Parks Board will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 12 of 141 13 of 141 5. B ADMINISTRATIVE March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 02, 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 14 of 141 15 of 141 16 of 141 6. A CONSENT AGENDA March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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 meeting EQUESTED CTION BY ITY OMMISSION held on February 2, 2010 and the Special Meeting held on February 9, 2010. ER: The City Commission met on February 2, 2010 and on February 9, XPLANATION OF EQUEST 2010 and minutes were prepared from the notes taken at the meeting 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 17 of 141 18 of 141 19 of 141 20 of 141 21 of 141 22 of 141 23 of 141 24 of 141 25 of 141 26 of 141 27 of 141 28 of 141 29 of 141 30 of 141 31 of 141 32 of 141 33 of 141 34 of 141 35 of 141 36 of 141 37 of 141 38 of 141 39 of 141 40 of 141 41 of 141 42 of 141 6. B CONSENT AGENDA March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: No action is requested. This item is informational for the EQUESTED CTION BY ITY OMMISSION purposes of updating the Commission regarding the implementation of Ordinance No. 09-040 and the vendor hired to administer the vacant property registration program. The goal of program is to provide more efficient management of vacant properties in the City. ER: Earlier this year the City Commission entered into an agreement XPLANATION OF EQUEST with Federal Property Registration Corporation (F.P.R.C.) to assist staff with the management of foreclosed properties located in Boynton Beach. The advantages of utilizing a vendor for this endeavor are as follows: Quicker identification of properties in pre-foreclosure: F.P.R.C. provides a continual monitoring of public records for the purpose of identifying o properties that enter the foreclosure process. Staff only learns of properties in foreclosure when a violation is discovered on a particular property. Pro-active notification to financial institutions: F.P.R.C. is responsible for notifying the financial institution holding the mortgage of the o requirements for registration. Under the old procedure, staff would only do this if they found a violation on a particular property and additional research would be required on staff’s behalf. F.P.R.C. gathers and scrubs registry data monthly. Staff would only discover mortgage o transfers, sales etc. if a Code violation was involved. F.P.R.C. performs the collection of the registration data and fees. This alleviates the o need for staff to be involved in this process which would include entering the registration data and registration fee processing through the Finance Department. 43 of 141 Electronic Access to all property registration data: F.P.R.C. provides electronic access to all property registration data collected. This o reduces Code Officers time doing the research and notification procedures as contact with the responsible parties can be made via telephone or electronic mail as opposed to creating cases and sending violation notices. This also serves to eliminate administrative support staff involvement with these particular cases in entering case data, creating hard files, mailing notices, scheduling inspections, entering inspection results, etc. With thousands of foreclosures within our jurisdiction the managing of this type of registration process would be monumental for staff to assume. Although staff could manage the process as it relates to active Code Compliance cases, those cases only represent a small fraction of the foreclosure inventory. Once the program is completely established we anticipate the majority of foreclosure properties will not require Code Compliance intervention as F.P.R.C. will handle all notification and violations will be pro-actively be corrected. This allows Code Compliance staff to be engaged in other code-related activities in the City. As of February 9, 2010, Code Compliance has collected $49,650 for 331 vacant property registrations under Ordinance No. 09-040 adopted on September 14, 2009. Since the first notification was sent on September 29, 2009, there have been eighty five (85) cases where lending companies have been cited for violation of the ordinance with 40 of those cases taken to the Code Board. The vendor, Federal Property Registration Corporation is working with Code Compliance in order to establish website access for registration and fee payment. At this point the vendor has entered all information for properties previously registered with the City and sent letters to lenders informing them that all future registrations must be made through FPRC. H? Reduce staff time involved in the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES management of foreclosed properties. Neighbors will be able to contact property managers directly via notices required on the properties as part of the registration requirements. This should reduce calls to the Code Compliance office as they relate to properties in foreclosure. FI: Utilizing F.P.R.C. reduces the registration revenue by 50% however their ISCAL MPACT continual monitoring of the public records and instant notification more than likely would negate this loss of revenue by the fact the City would only see revenue from those registrations linked to Code violations on a particular property. A: If the data reveals the agreement with F.P.R.C. isn’t beneficial to the City we LTERNATIVES can elect not to renew it at that time. It is a one-year agreement. 44 of 141 45 of 141 46 of 141 47 of 141 48 of 141 49 of 141 50 of 141 51 of 141 52 of 141 53 of 141 54 of 141 55 of 141 10. A CITY MANAGER’S REPORT March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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. R10-026 -- Amend the EQUESTED CTION BY ITY OMMISSION FY 2009-2010 budget to adjust budgeted appropriations to (1) provide revised spending authority for Captial Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008-2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. . ER: XPLANATION OF EQUEST THIS IS A REVISED REQUEST THAT REDUCES THE AMOUNT OF SPENDING $410,000 AUTHORITY FOR CAPITAL IMPROVEMENT PROJECTS BY FROM THE ORIGINAL REQUEST DUE TO ’16,2010 THE COMMISSIONS DECISION AT THE FEBRUARY COMMISSION MEETING NOT TO PROCEED . WITH THE POLICE HEADQUARTERS BUILDING ALL OTHER AMOUNTS OF THE ORIGINAL REQUEST REMAIN . THE SAME AND ARE RESTATED HEREIN Each of these requests is further explained as follows: (1) The City’s past practice for all City funds is that any budgeted and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. However, under good budgeting practices and governmental accounting standards, we should reappropriate these funds to provide the continued spending authority for these projects. Accordingly, the necessary added appropriations for those projects budgeted in prior years and continuing into FY 2009-2010 total $4,027,100 which will effectively amend the 56 of 141 adopted budget, resulting in an increase from $5,722,500 to $9,749,600. The $4,027,100 is available project budget balances from the prior fiscal year (See attached Exhibit A). Included in this amendment is $90,000 to provide the necessary appropriation for preliminary design and legal costs incurred prior to the Commission’s action on February 16 to defer the project related to the purchase of the Police Public Safety Facility in Renaissance Commons. (2) Amend the approved budget for transfers approved by the Commission, but were excluded from the adopted Budget Resolution No. R09-139 as follows: a. Transfer from the Solid Waste Fund to the General Fund resulting in an increase of $1,500,000 from $8,509,564 previously approved to the total requirement of $10,009,564. b. Transfer from the Parks & Recreation Facilities Fund to the Capital Improvement Fund in the amount of $1,937,500 to provide the funding source for two capital projects; Oceanfront Boardwalk ($1,937,500) and Jaycee Park ($37,500). (3) Reduce the General Fund appropriation (and the related grant funding source) for the ARRA funding of $617,000 for six Police Officers and a $75,000 Energy Block Grant. Terms of the grant agreements require budgeting the approved expenditures in a separate fund. Accordingly, two amendments are required for the adopted Budget Resolution No. R09-139 as follows: a. Reduce the General Fund appropriation by $692,000 from $72,537,334 to $71,845,334 along with an equal grant revenue source that results in no impact on the fund balance of the General Fund. b. Provide an appropriation of $692,000 in the ARRA Fund (107) funded by an equal grant revenue. H? No affect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: See Exhibit A for a summary of the fiscal impact. ISCAL MPACT A: No alternatives if the City is to follow good budgeting practices and LTERNATIVES governmental accounting standards. 57 of 141 RESOLUTION R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, an adopted budget has been prepared by the City Manager estimating expenditures and revenues of the City of Boynton Beach for the fiscal year 2009-2010; and WHEREAS, the City Manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2009-2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amends the fiscal year 2009-2010 budget, a copy of such amendments are attached hereto as Exhibit “A”, and the appropriations set out therein for the fiscal year beginning October 1, 2009 and ending September 30, 2010, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated the sum of $9,749,600 to the General Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. The preceding amount includes prior year project balances totaling $4,137,100 of which $1,937,500 will be funded by Park Impact Fees. Section 4. That there is hereby appropriated the sum of $1,937,500 to the Parks and Recreation Facilities Fund for the payment of transfers to the General Capital Improvement Fund. Section 5. That there is hereby appropriated the sum of $10,009,564 to the Solid Waste Fund for the payment of operating expenditures and necessary capital outlays. The preceding amount reflects a September 22, 2009 Commission approved budget transfer of $1,500,000, resulting in an increase from $8,509,564 to $10,009,564. 58 of 141 Section 6. That there is hereby appropriated the sum of $71,845,334 to decrease the General Fund appropriation associated with ARRA-COPS & energy Block Grants by the amount of $692,000. Section 7. That there is hereby appropriated the sum of $692,000 to the ARRA Grant Fund for the payment of operating expenditures and necessary capital outlays associated with ARRA-COPS & Energy Block Grants. Section 8. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 9. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 10. This Resolution shall become effective immediately upon passage. 59 of 141 PASSED AND ADOPTED this ______ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay ____________________________ Commissioner – Ronald Weiland ____________________________ Commissioner – Jose Rodriguez ____________________________ Commissioner – Marlene Ross ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 60 of 141 61 of 141 10. B CITY MANAGER’S REPORT March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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. R10-028. Staff EQUESTED CTION BY ITY OMMISSION recommends approval of the the following: 1. Authorize the submission of an amendment to the Department of Housing and Urban Development (HUD) to the 2008 Application and Substantial Amendment to the Neighborhood Stabilization Program regarding the $400,000 that was allocated to the Community Redevelopment Agency (CRA) for the purpose providing financial subsidies for the development known as The Ocean Breeze Project. This allocation will be reprogramed to facilitate the acquisition and rehabilitation activities allowed under the grant. 2. Amend the 2009/10 Community Development Block Grant (CDBG) Subrecipient contract agreement between The City of Boynton Beach and the Boynton Beach Faith Based CDC and R M Lee Community Development Center to designate them as the developer under the City of Boynton Beach's Neighborhood Stabilization Program. ER: City Commission previously approved Resolution R08-139 XPLANATION OF EQUEST approving a substantial amendment to the City of Boynton Beach Community Development Block Grant program allowing the acceptance of $2,963,311 resulting from Title III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes, referred to as the Neighborhood Stabilization Program (NSP). In this application, $400,000 was allocated for the Community Redevelopment Agency for the purpose of providing down payment assistance to potential purchasers in the project known as Ocean Breeze. 62 of 141 At its January 12, 2010 meeting, the CRA board unanimously approved a motion to execute an agreement to cancel the contract with American Realty regarding this project. Accordingly, the $400,000 will be added to the acquisition and rehabilitation activity of the grant increasing the amount available for the purchase and rehabilitation of foreclosed upon, bank owned properties. Given the nature of the program, and the HUD mandated timeline for encumbering funds, $2,673,311 of the $2,963,311 grant must be under contract by September 30, 2010. Unfortunately, given the prevalence of real estate speculation, foreclosed properties available for purchase do not stay on the market very long. Generally speaking, we have found properties to be gone within two weeks. As a result, if the grant requirements are to be met, purchase decisions need to be made in a timeframe which is much shorter than that allowed by the City’s normal property acquisition process. The Boynton Beach Faith-Based CDC, along with the R.M. Lee Community Development Center, currently has an existing CDBG sub-recipient agreement and has experience in property acquisition and rehabilitation through the City’s State Housing Initiatives Partnership (SHIP) Program. Staff wishes to amend the existing agreement to reflect the NSP program. The current scope of services under this agreement stipulates that the agencies agree to “undertake the acquisition of abandoned and foreclosed upon homes for rehabilitation and resale.” The City of Boynton Beach will provide the Neighborhood Stabilization Program funds to the Boynton Beach Faith-Based CDC and the R.M. Lee Community Development Center for acquisition and rehabilitation of the foreclosed properties for resale to low and moderate income purchasers. It is contemplated that the $400,000 will be used in the Heart of Boynton area for opportunity purchases by the City and/or CDC’s for properties that contribute to the HOB plan or enables a property exchange in target project areas. H? The requests herein will expedite the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES program and help the City to meet the requirements of the grant. The purchase of these properties through the non-profit will also minimize the City’s exposure to liability in the process. If authorized, Staff will bring this item back to the City Commission with revised CDBG contracts with the two CDC’s and will also: Provide a description and/or detailed map of the eligible areas that the CDC's would be  purchasing from. Include language from HUD that specifies the criteria for purchases in order to justify  the chosen areas. This program is based on the Sarasota County model where the Commission authorizes the purchases in designated areas and then the CDC's have the authority to make purchases in a timely manner as the foreclosures become available. FI: Increase of $400,000 in the budget for acquisition and rehabilitation. ISCAL MPACT A: LTERNATIVES Do not approve the resolution which vests the program with the City instead of the CDC’s. 63 of 141 RESOLUTION R10-028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING SUBMISSION OF AN AMENDMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO THE 2008 APPLICATION AND SUBSTANTIAL AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM; AMENDING THE 2009/10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT CONTRACT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH FAITH BASED CDC AND R M LEE COMMUNITY DEVELOPMENT CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the NSP was established through Title II, Division B of the Housing and Economic Recovery Act of 2008 for the purpose of assisting cities in the redevelopment and reuse of abandoned and foreclosed homes; and WHEREAS, the City Commission adopted the NSP via Resolution R08-139 on November 18, 2008 approving a substantial amendment to the City of Boynton Beach Community Development Block Grant program allowing the acceptance of $2,963,311 for the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes, referred to as the Neighborhood Stabilization Program (NSP); and WHEREAS, as part of the application, $400,000 was allocated for the Community Redevelopment Agency for the purpose of providing down payment assistance to potential purchasers in the project known as Ocean Breeze which the CRA Board has subsequently canceled a contract regarding this project; and WHEREAS, the $400,000 will be added to the acquisition and rehabilitation activity of the grant increasing the amount available for the purchase and rehabilitation of foreclosed upon, bank owned properties; and WHEREAS, The Boynton Beach Faith-Based CDC, along with the R.M. Lee Community Development Center, currently has an existing CDBG sub-recipient agreement and has experience in 64 of 141 property acquisition and rehabilitation through the City’s State Housing Initiatives Partnership (SHIP) Program. Staff wishes to amend the existing agreement to reflect the NSP program. The current scope of services under this agreement stipulates that the agencies agree to “undertake the acquisition of abandoned and foreclosed upon homes for rehabilitation and resale.” WHEREAS , upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the following: 1. Authorize the submission of an amendment to the Department of Housing and Urban Development (HUD) to the 2008 Application and Substantial Amendment to the Neighborhood Stabilization Program regarding the $400,000 that was allocated to the Community Redevelopment Agency which allocation will be reprogrammed to facilitate the acquisition and rehabilitation activities allowed under the grant; and 2. Amend the 2009/10 Community Development Block Grant (CDBG) Sub-recipient contract agreement between the City of Boynton Beach and the Boynton Beach Faith Based CDC and R M Lee Community Development Center to designate them as the developer under the City of Boynton Beach’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 true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the following: a. Authorize the submission of an amendment to the Department of Housing and Urban Development (HUD) to the 2008 Application and Substantial Amendment to the Neighborhood Stabilization Program regarding the $400,000 that was allocated to the Community Redevelopment Agency which allocation will be reprogrammed to facilitate the acquisition and rehabilitation activities allowed under the grant; and 65 of 141 b. Amend the 2009/10 Community Development Block Grant (CDBG) Sub- recipient contract agreement between the City of Boynton Beach and the Boynton Beach Faith Based CDC and R M Lee Community Development Center to designate them as the developer under the City of Boynton Beach’s Neighborhood Stabilization Program. Section 3. This Resolution shall become effective immediately upon passage. [Remainder of Page Intentionally Left Blank] 66 of 141 PASSED AND ADOPTED this ___ day of March, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez ______________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 67 of 141 10. C CITY MANAGER’S REPORT March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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. R10-029 -- Approve a EQUESTED CTION BY ITY OMMISSION revised tri-party Interlocal Agreement for the exchange of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. ER: On February 10, 2010 the School Board of Palm Beach County XPLANATION OF EQUEST approved the Interlocal Agreement (ILA) with the City for Galaxy School on a 5-2 vote. Background: At the January 19, 2010 Commission meeting, the City Commission approved a tri-party Interlocal agreement (ILA) that addressed a land swap for the current Galaxy Park property. The other parties in the agreement are Palm Beach County, which holds a reverter clause on the Galaxy Park parcel and the Palm Beach County School Board, which plans to rebuild Galaxy School using the Galaxy Park parcel. The objective of the ILA is to facilitate the land swap and replacement of park elements onto a new parcel located north of the present school. In the ILA approved by the Commission, Section 2, Paragraph 2, states that the School Board shall, at its expenses, develop the recreational facilities depicted in Exhibit “D”…… and establish a budget of $813,000 for construction of the Replacement Park. The Galaxy School project was discussed at a School Board workshop on February 10, 2010. The School Board approved a down-sized school from the original capacity of 750 students to 500 students. The current budget for the project is approximately $35M and the capacity reduction will save about $2 M. This is because the shell for 750 students would be built, but in the future expansion area, classrooms would not be constructed. Like other governmental units, the School Board is looking to reduce project expenses where possible. 68 of 141 This project was made possible when the City of Boynton Beach stepped forward to offer the Galaxy Park property as a land swap. In February 2008 it looked as though the school was going to be cancelled. Combined community engagement and work by the City saved the project in 2008. As expected the School Board was looking for cost-reduction or cost sharing opportunities with the City. There is precedent for cost sharing of site elements. At the meeting, Commissioner Ross, Steve Waldman, Chair of the Education and Youth Advisory Board and City Manager Bressner testified in favor of the project and the ILA. There was considerable debate about going forward with the ILA by the Board. School Board Member Carrie Hill did a nice job of facilitating the debate. When the issue of cost reduction or cost-sharing came up, Mr. Bressner was asked to return to the podium to comment. He suggested that if the City had to, we could recycle the ball field lights. The new ones cost $140,000. Recycling the current lights (which had been moved from Little League Park) would save about $100,000 because there still would be the cost of re-installing the lights along with construction of the electrical infrastructure for the lights. We estimated this cost to the School District would be about $40,000. The second concession was for the City to not replace the lights at the tennis courts or agree to pay for new lights at the new courts. The estimated cost for the new lights is $80,000. The third item was that the City would agree to amend the agreement to specify that the City would maintain the park (we do now). The last item was that the City would limit public access to the park during school hours (that arrangement exists now, albeit informal.) The out- of-pocket cost to the City with these changes is approximately $10,000 (to remove existing lighting and store until the replacement park is built). As the project progresses, staff will review the lighting situation. Under this new scenario, however any upgrade from the current ball field lights or adding tennis lights would be at the City’s expense. On February 23, 2010 the ILA was approved by the Palm Beach County Board of County Commissioners. H? The land swap will result in the temporary OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES loss of recreational space at Galaxy Park for approximately two years. The proposed timeline for the project is as follows – CY (Calendar Year): CY 2010: School District to work on design, permitting and bidding the project CY 2011: Feb.-March – Demolish Galaxy Park; April 2011 commence school construction CY 2012: August 2012 new school opens; commence construction of replacement park. CY 2013: March 2013 - Replacement Park completed and opened Additionally, the Tennis Courts at the replacement park will not be lit. Recreation staff does not consider that to be a problem. We have ample lighted tennis courts at other City park facilities, including the Tennis Center. Staff anticipates the useful remaining life of the recycled ball field lights to be approximately 6- 8 more years. At such time, we will need consider and fund replacement lighting. FI: The revised ILA requires that the City pay to remove the ball field lighting and ISCAL MPACT store it until the replacement park is built, at which time the School District will pay to re-install the lights (and all related electrical work). Staff estimate to remove the lights: $10,000 – which will need to be included in the FY 2011-2012 budget. A: Not approve the revised ILA. LTERNATIVES 69 of 141 70 of 141 RESOLUTION R10-029 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE MAYOR OF A REVISED TRI-PARTY INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, THE SCHOOL BOARD OF PALM BEACH COUNTY AND PALM BEACH COUNTY FOR THE MODERNIZATION OF GALAXY ELEMENTARY SCHOOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the School Board voted in 2007 to close Galaxy Elementary School and re- distribute the students to other schools; and WHEREAS , the City Commission requested that School Board consider other alternatives rather than demolish Galaxy Elementary School; and WHEREAS , on January 19, 2010 the City Commission approved a Tri-Party Interlocal Agreement that addressed a land swap for the current Galaxy Park property; and WHEREAS, the School Board was looking for cost-reduction or cost-sharing opportunities and the suggestion was made to recycle the ball field lights that had been removed from Little League Park; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution by the Mayor and City Clerk of a revised Tri-Party Interlocal Agreement between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the land swap and reconstruction/modernization of Galaxy Elementary School. 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 does hereby approve and authorize the Mayor and City Clerk to execute a revised Tri-Party Interlocal Agreement between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the land 71 of 141 swap and reconstruction/modernization of Galaxy Elementary School, a copy of which Agreement is attached hereto and made a part here. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of March, 2010. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland _____________________________ Commissioner – Jose Rodriguez _____________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 72 of 141 73 of 141 74 of 141 75 of 141 76 of 141 77 of 141 78 of 141 79 of 141 80 of 141 81 of 141 82 of 141 83 of 141 84 of 141 85 of 141 86 of 141 87 of 141 88 of 141 89 of 141 90 of 141 91 of 141 92 of 141 93 of 141 94 of 141 95 of 141 96 of 141 97 of 141 98 of 141 99 of 141 100 of 141 101 of 141 102 of 141 103 of 141 104 of 141 105 of 141 106 of 141 107 of 141 108 of 141 109 of 141 110 of 141 111 of 141 112 of 141 113 of 141 114 of 141 115 of 141 116 of 141 117 of 141 118 of 141 119 of 141 120 of 141 10. D CITY MANAGER’S REPORT March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM nd CMD: March 2, 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: Notification of staff's intent to reject all fourteen bids EQUESTED CTION BY ITY OMMISSION received for the Seacrest Boulevard Roadway Improvements project and re-advertise for bids pending final authorization from FHWA/FDOT. th ER: On January 11, 2010 the City of Boynton Beach placed an XPLANATION OF EQUEST advertisement in the Palm Beach Post seeking sealed bids from FDOT prequalified contractors th for the Seacrest Boulevard Roadway Improvements project. On February 8, 2010 in the City Commission Chambers all bids were opened and read aloud. Fourteen bids were received in total. As a requirement of the bid documents prospective bidders were to submit the required FDOT st forms as part of the sealed bid package. On February 1, 2010 the City of Boynton Beach issued Addendum #1 which clarified the requirements to submit the FDOT form. Upon review of the bids it was identified that only 5 of the 14 bidders submitted the required FDOT forms. Furthermore the three lowest bidders did not submit the required FDOT forms. The lowest bid was submitted by H&J Contracting, Inc. in the amount of $1,493,521.84 including alternates. The apparent lowest most responsive bid (which included submission of the FDOT required forms) was received from Community Asphalt in the amount of $1,874,956.85 including alternates. The difference between the lowest bid and the lowest most responsive bid is $381,435.01. Because of the deadlines imposed by FDOT and the certainty that a bid protest will be filed; staff will be rejecting all bids and re-advertise for bids to avoid a bid protest process pending final approval from FHWA/FDOT. 121 of 141 By rejecting all the bids now the City will expedite the process and not delay the Seacrest Boulevard Roadway Improvements project or jeopardize the funding through the American Recovery and Reinvestment Act of 2009. H? By awarding the project to Community OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Asphalt the City risks having a bid protest filed which would delay the construction of the project and jeopardize the funding through the American Recovery and Reinvestment Act of 2009. FI: The potential loss of funding for the project in the amount of $1,998,838.00 ISCAL MPACT through the American Recovery and Reinvestment Act of 2009. A: None. LTERNATIVES 122 of 141 123 of 141 124 of 141 125 of 141 10. E CITY MANAGER’S REPORT March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: TIME CERTAIN TO BE HEARD AT 7:00 PM - TABLED EQUESTED CTION BY ITY OMMISSION from 2/16/10 - Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. ER: This item was tabled at the 2/16/10 Commission meeting to allow XPLANATION OF EQUEST time for the City Attorney to review documentation submitted by one of the tow vendors. The City Attorney has completed his review and will report his findings to the Commission at the 3/2/10 meeting. Background: At the January 19, 2010 Commission meeting the City Commission directed staff to develop an RFP that would provide for the selection of 6-8 tow providers on a rotational basis. The Commission further expressed the desire to charge a franchise fee for the towing program participation. Attached is a draft RFP document for your review and discussion. The right hand column indicates policy issues for which staff seeks direction from the Commission to finalize the RFP. The Scope of Services is as follows: The City of Boynton Beach is actively seeking qualified tow companies to provide vehicle towing services in accordance with the terms and conditions and specifications contained in the Three (3) Year Towing Franchise Agreement to provide Class “A”, “B”, “C” and “D” towing services on a rotational basis. Awarded tow companies will be issued a Franchise agreement to provide towing services as stated in the terms and conditions of the Franchise Agreement. (see outline attached). 126 of 141 Once the RFP document is finalized, staff anticipates advertising for Request for Proposals by mid-March of with an RFP submittal deadline of April 13, 2010. H? We currently manage a rotation contract OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with six providers. Continuation of this program (or expanding to 7) will have minimal impact on our current program. FI: Depends on the Franchise Fee amount and the number of qualified ISCAL MPACT respondents. A: Consider other contract models. i.e. exclusive franchise, non-exclusive LTERNATIVES franchise (1-2 providers) or a rotation program without franchise fees. 127 of 141 TOWING FRANCHISE AGREEMENT REQUEST FOR PROPOSALS ADMINISTRATION’S PROPOSED RFP COMMISSION DECISION REQUEST FOR PROPOSAL FROM TOWING CONTRACTORS FOR Confirm the number of years THREE YEAR TOWING FRANCHISE ROTATION FOR THE CITY OF BOYNTON BEACH, FLORIDA Confirm that program will be a franchise relationship RFP #000-2110-10/CJD SECTION 1 - SUBMITTAL INFORMATION A.The City of Boynton Beach will receive RFP responses until April 13, 2010, at 2:30 P.M. (LOCAL TIME) in Procurement Confirm or adjust deadline Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with professional Class A, B, C and D towing services. B.Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. RFP responses which arrive after the above stated deadline as a result of delay by the mail service shall not be considered shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier’s request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C.These RFP’s will be publicly opened and read aloud in Procurement Services after the designated due date, on April Adjust date based on direction above 13, 2010, at 2:30 p.m. (local time). All qualifiers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. D.If any addendum(s) are issued to this REQUEST FOR PROPOSAL, the City will attempt to notify all prospective qualifiers who have secured same, however, it shall be the responsibility of each qualifier, prior to submitting the RFP response, to contact the City Procurement Services at (561) 742-6323 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their RFP response. E.One (1) original, “so marked”, and five (5) copies, of the RFP response shall be submitted in one sealed package clearly marked on the outside “RFP FOR, “THREE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM” and addressed to: City of Boynton Beach, Procurement Services, P.O. Box 128 of 141 310, Boynton Beach, FL 33425-0310. F.Responses shall clearly indicate the legal name, address and telephone number of the qualifier (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the qualifier to the submitted RFP. Qualifiers must note their Federal I.D. number on their RFP submittal. G.Listing of owners or principal stockholders H.List of persons with direct responsibility for operations of firm (history, resume). I.All expenses for making RFP responses to the City are to be borne by the qualifier. J.The successful Proposer(s) shall be required to enter into a Towing Franchise Agreement with the City within fourteen (14) calendar days of Notice that the Proposer has been selected. K.Proof of current valid County license to engage in tow services and certificate of good standing from Department of Consumer Affairs. SECTION 2- SCOPE OF WORK The City of Boynton Beach is actively seeking qualified tow companies to provide vehicle towing services in accordance with the terms, conditions and specifications contained in this Request for Proposal(RFP) to provide Class “A”, “B” “C” and “D” towing Consider and/or limit Class of tows. services. Tow Companies will be issued a Franchise to provide towing services as stated in the terms and conditions of the Franchise Agreement. There shall be no charge for towing City vehicles with the Confirm that City will not be charged a fee for exception that the City will pay a flat fee of $250 for the towing of City vehicles. a Class D vehicle. Confirm maximum charge for Class D. Tow rates shall be as established by Palm Beach County, as amended from time to time. By submitting a proposal, Proposer affirms and represents that Proposer has reviewed the complete Scope of Services that is part of the RFP. Payment for towing will not be made without the inclusion of a Police Department case number, City vehicle number and VIN number, as applicable. If more than one (1) tow Company is selected, the City shall utilize a per incident rotation system of operations for this agreement. Consider maximum number Notwithstanding that more than seven (7) companies may be qualified; no more than seven (7) Proposers will be awarded a towing Franchise. Inside Storage and Outside Storage will be inspected by the Committee to be sure the compound is in compliance with Chapter (10), Article I, Sections 10-2 and 10-3 of the Code of Ordinances that it is free of loose debris, auto parts laying around, fence and gate have locks, area is not susceptible to flooding, hedges are trimmed and landscaping is neat as addressed in Chapter 15, Consider need for information of other business Article IX. Also Chapter 2 Zoning, Section 8 that all storage of interests vehicles to be screened. 129 of 141 Proposer should be primarily engaged in towing services and business interests in automotive/truck repairs, paint and body, salvage, junkyard, or recycling business must be limited and disclosed. SECTION 3- FRANCHISE FEE: The successful TOW CONTRACTOR shall pay the City of Boynton Consider and set process for determining Beach the annual franchise fee of $TBD. The franchise fee is franchise fee. payable to the City of Boynton Beach in four (4) quarterly payments, with the first payment due within two weeks of the commencement of the Agreement by the City of Boynton Beach. Payments 2, 3, and 4 shall be due 90, 180, and 270 days respectively from the date of the commencement. The Franchise Fee for second and third years of this agreement shall be identical to year one. Consider annual increase to the Franchise Fee based on CPI or increase based on percentage SECTION 4 - REQUIREMENTS OF APPLICATION increase of County tow rates. For consideration, an original “so marked” and five (5) copies of the RFP and the accompanying information must be submitted in a sealed envelope which is clearly and visibly marked on the outside of the : “THREE YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM”. All RFP’s must be submitted and received in the Procurement Services Department, 100 E. Boynton Beach Blvd., or P.O. Box 310, Boynton Beach, Florida 33425-0310. Procurement Services is located in the Main City Hall Complex, second floor. DEADLINE IS: April 13, 2010, No later than 2:30 P.M. (local time). All applications must be submitted as specified on the application pages. Any attachments must be clearly identified. To be considered, the application must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by an applicant to respond to a requirement, the response should include reference to the document number and page number. This will provide a quick reference for the evaluators. Applications not providing this reference will be considered to have no reference material included in the additional documents. SECTION 5 - SELECTION CRITERIA: The RFP response should be designed to portray to the City how the qualifier’s range of services can best assist with the TOWING SERVICES. In order to evaluate the capabilities of all firms, each RFP shall include, at a minimum, the following information: 1.Personnel information of each company director, officer, supervisor, driver and employee as follows: Consider other criteria a)The names and positions of each driver to be assigned to this RFP. b)Resumes of personnel re: experience in towing. c)Evidence of possession of required licenses or business permits. d)Evidence of previous experience in towing of a similar nature. Provide contact names and 130 of 141 phone numbers along with project names and appropriate agency contacts. 2.Reference listing, including contact names and phone numbers. 3.A narrative statement describing the willingness and ability to meet the anticipated City towing needs considering the firm’s current and projected workload. 4.A list of all lawsuits in which the firm has been named as a party in the past two (2) years. 5.A list of other contracts, franchises or agreements with governmental agencies to provide towing service within the last five (5) years and: a)The status of the contract, franchise or agreement. b)The name and contact information for the agency. c)A statement describing why the contract, franchise or agreement was cancelled if it was cancelled for cause. SECTION 6- EVALUATION COMMITTEE: 1.The City Manager will appoint an Evaluation Committee that will review all RFP responses and determine of a Consider composition of Evaluation Committee proposer meets the minimum qualifications. 2.After evaluation is completed, the list of qualified proposers will be submitted to the City Commission for authorization to offer Franchise Agreements to one or more proposers. 3.Each proposer, by submission of an RFP response, must acknowledge that in the event of any legal action challenging the award of a franchise, damages, if any, shall be limited to the actual cost of the preparation of the RFP. 4. Each respondent is deemed to have knowledge of all applicable federal, state and local laws, rules, ordinances and regulations of all authorities having jurisdiction over all aspects of Towing. SECTION 7- QUALIFICATION OF THE FIRMS BY THE EVALUATION COMMITTEE The Evaluation Committee will determine which Proposers are qualified by considering the information provided in response the RFP and the following criteria: 1.Evidence of ability to provide Class A and B, C, and D tows. 2.List of company equipment to include model, year, towing capacity and equipment condition and schedule of which Class of tow each can handle. 3.List of storage compounds must be within 10 mile radius of City limits. 4.List of towing operators to include: Training of each operator (last 2 years), CDL Numbers and Annual Motor Vehicle Incident Report on all CDL holders. 5.List and provide copies of business tax receipts. 6.Comply with insurance requirements as stated in RFP. 131 of 141 7.Proof of Performance Bond or a Letter of Credit capability to cover Franchise Fee (letter from bonding or surety company). 8.Number of years providing towing services. 9.Listing of pending lawsuits. SECTION 8- DESIGNATION OF COMPANIES TO BE OFFERED A TOW FRANCHISE The City Commission shall consider the companies designated as qualified by the Evaluation Committee at a public hearing and select those companies that will be offered a Franchise Agreement. The final Franchise Agreement(s) will be formalized by the City Attorney. H:\1990\900182.BB\TOWING FRANCHISE AGREEMENT - Comm Direction v4.doc 132 of 141 133 of 141 10. F CITY MANAGER’S REPORT March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: Authorization to provide South Florida Water Management EQUESTED CTION BY ITY OMMISSION District (SFWMD) with amended Phase I and Phase II Water Reuse Priority List and to authorize engineering work for Lawrence Rd. Re-Use Line ER: City Staff has been working with the Hunter’s Run CMO XPLANATION OF EQUEST (Homeowner’s Association) regarding difficulties they have with converting their internal residential neighborhoods to reuse water. While the reuse water is available, it has been determined by Hunter’s Run CMO that it is not feasible operationally or financially to install a reuse water distribution system at this time. By way of background, Hunter’s Run Golf Course, a separate entity has been using reuse water for over twenty years. The golf course is private and is limited to use by residents of Hunter’s Run or their guests. External golf events comprise a very small percentage use of the golf activity. In a sense, the residents of Hunter’s Run through the water reuse program were the first residents of Boynton Beach to make use of reuse water. City staff met with representatives of the SFWMD and requested consideration of the City changing the reuse delivery schedule on our Consumptive Use Permit issued by SFWMD. We focused on finding substitute reuse customers for the 620,000 gallons a day of reuse water allocated to Hunter’s Run. In doing so, City staff found that an extension of the reuse line from Woolbright Rd. north to a point between Old Boynton and the C-16 canal would provide reuse water to the Cypress Creek Golf Course. Cypress Creek has been requesting reuse water for the past three years. Moving this area up on our reuse priority list will afford Cypress Creek an opportunity to take reuse water. SFWMD staff was receptive to the City providing them with an amended reuse priority listing that would allow the City to move forward to provide reuse water to Cypress Creek and to place Hunter’s Run as a lower priority. Hunter’s Run wishes access to reuse water but they cannot pursue their reuse project at this time without external funding from SFWMD. Unfortunately, there is no longer SFWMD funding to assist residential areas’ conversion to reuse water. Funding will probably not be restored to 134 of 141 this program for three years at the least. The staff request is for the City Commission to approve one of two revised reuse priority lists: 1. To move the Hunter’s Run CMO allocation to the bottom of Phase I or to approximately 2016. 2. To move the Hunter’s Run CMO allocation into the Phase II list or after 2017. In addition, staff is requesting authorization to seek proposals for engineering services to proceed with the Lawrence Rd. reuse line. The estimated capital cost of construction is $1.5 M plus engineering costs estimated to be approximately $80,000 for design/bid and $50,000 for construction management (if needed). H? The Utility Capital Improvement Program OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will need modification to provide for this change in project line-up. FI: Funds are available in the Utility CIP through project re-assignment. Staff will ISCAL MPACT prepare a revised CIP for the Commission’s review in April. A: Stay with the current plan and advise SFWMD of the status quo. LTERNATIVES Exhibits: Exhibit A: Current Reuse Schedule per City’s SFWMD Permit Exhibit B: Revised Reuse Schedule to move Hunter’s Run CMO allocation to 2016 in Phase I Exhibit C: Revised Reuse Schedule to move Hunter’s Run CMO allocation to 2017 or later per Phase II Aerial Photo showing proposed new reuse pipeline on Lawrence Rd. 135 of 141 136 of 141 137 of 141 138 of 141 139 of 141 12. A NEW BUSINESS March 2, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 2, 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: Request for Commission to conduct a preliminary review EQUESTED CTION BY ITY OMMISSION of a potential amendment to the Land Development Regulations to allow Adult Arcade use in the C-2 (Neighborhood Commercial) zoning district, and provide staff with direction as to whether or not to proceed with processing said code review amendment. ER: Staff is considering an interim amendment to the Land XPLANATION OF EQUEST Development Regulations to allow Adult Arcades as conditional uses in the C-2 (Neighborhood Commercial) zoning district. Adult Arcades are establishments catering to persons 18 and over that mimics the look of gambling venues through the use of amusement machines that provide merchandise for winning payouts to customers, as opposed to cash. This use is regulated by Florida Statutes (FS 849.161) and is currently allowed in the C-3, C-4 and PCD (Planned Commercial Development) zoning districts. There are currently two arcades operating in the city: Gold Bars Palace at 101 N. Congress Avenue and Legends Game Room at 1950 S. Federal Highway. A potential tenant has requested that staff consider this amendment. The LDRs facilitate this “preliminary” review of a possible code amendment, to prevent the use of city resources or private investments that are contrary to Commission direction. Should the City Commission wish to move forward with the amendment, staff will draft the requisite report and forward the information to the Planning and Development Board before placing the corresponding ordinance on a City Commission agenda for final review. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: May facilitate the filling of vacant retail space, supports business activity, and ISCAL MPACT would represent an increase in business tax revenues. A: Do not proceed with the amendment. LTERNATIVES 140 of 141 PLANNING & ZONING DEPARTMENT MEMORANDUM 10-014 TO: Mayor and Commissioners FROM: Ed Breese, Principal Planner THROUGH: Mike Rumpf, Planning & Zoning Director DATE: February 16, 2010 SUBJECT: Adult Arcades in C-2 zoning districts Staff is considering interim amendments to the Land Development Regulations (LDR) involving the zoning districts in which Adult Arcades are allowed. The consideration for this amendment has been prompted by the inquiry of a potential tenant who is interested in operating an Adult Arcade on property zoned C-2, Neighborhood Commercial. Adult Arcade is defined in Florida State Statutes Chapter 849.161 as… any place or premises catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six (6) amusement games or machines which operate by the means of the insertion of a coin and which by means of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played… Adult Arcades are currently construed to be an allowable use in the C-3 (Community Commercial), C-4 (General Commercial) and PCD (Planned Commercial Development) zoning districts, under the heading of “Indoor Recreational Facilities”. There are currently two (2) Adult Arcade businesses within the City. One is located in the Catalina Center on Congress Avenue and the other is located at Boynton Billiards, at 1950 South Federal Highway. There was previously another such business located on South Federal Highway that has since closed its doors. One more is proposed at the Boynton Beach Mall. Staff has checked Police records to find that these uses have not had above average calls for service. Should the City Commission favor or support such an amendment, staff suggests the use be treated as a Conditional Use in the C-2, Neighborhood Commercial zoning district, in order that any impacts can be evaluated on an individual basis, and that additional conditions may be placed on the approval, as necessary. Additionally, staff would suggest the use only be allowed on parcels abutting arterial roadways and in multi-tenant centers, similar to the locations allowed in the code today in the more intense commercial zoning districts. Additionally, restricting the locations to arterial roadways places the use with other compatible uses typical of those high traffic areas and should prevent any potential impact on residential properties. 141 of 141