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Agenda 07-06-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 6, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III 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 301 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner William Orlove 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. Proclaim July as Park & Recreation Month and announce the Annual Family Day Picnic, which will be held on Saturday, July 31, from 10 am - 7 pm at the Carolyn Sims Center - Proclamation will be accepted by Wally Majors, Director of Recreation and Parks. B. Presentation by Tana Ebbole, CEO of Children's Services Council of Palm Beach County 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. B. Appoint Voting Delegate for Florida League of Cities Annual Conference, August 19- 21, 2010 in Hollywood, FL. 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 a ll of the accompanying material to become a part of the Public Record and subject to staff comments . 3 of 301 A. Approve the Minutes of the Special City Commission meeting held on June 8, 2010 and Regular City Commission meeting held on June 15, 2010. PROPOSED RESOLUTION NO. R10-082 B. - Approve the transfer of five (5) parcels of land to the Palm Beach County School Board in accord with a 1993 Site Expansion Interlocal Agreement Between the City of Boynton Beach and School Board of Palm Beach County for the expansion of the Poinciana Elementary School Site PROPOSED RESOLUTION NO. R10-083 C. - Approve a three-year piggyback of the contract with Malcolm Pirnie, Inc. of Plantation, FL for Temporary Debris Site Monitoring 2010 Hurricane Season. The Agreement No. 08-233 is to be utilized as an insurance policy on an “AS NEEDED BASIS”. All expenditures will be eligible for reimbursement from FEMA. The Solid Waste Authority complied with Public Contract bid requirements equal to or which exceeds Boynton Beach’s requirements. D. Execute "RELEASE OF ALL CLAIMS" document in order to accept reimbursement of $31,635.13 from Florida Power & Light, Incorporated. E. Approve the "SURPLUS VEHICLE / EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. PROPOSED RESOLUTION NO. R10-084 F. - Approve a no-cost supplement to the previously approved sixty-three (63) month agreement with SunGard Public Sector Inc., in accordance with the attached “Supplement to the SunGard Public Sector, Inc. Application Service Provider Agreement Schedule A - Order Form" for a Cash Receipts Interface / Lockbox. PROPOSED RESOLUTION NO. R10-085 G. - Approve a three-year extension of a contract with Phillips & Jordan, Inc. of Robinsville, North Carolina, for Debris Collection and Disposal 2010 Hurricane Season. The RFP#07-240 is to be utilized as an insurance policy on an "AS NEEDED BASIS". PROPOSED RESOLUTION NO. R10-086 H. - Approve amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) designating the CRA a sub-recipient of $400,000. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS PROPOSED RESOLUTION NO. R10-087 A. - Approve release of municipal liens on CRA vacant property located at NW 11th Avenue, Boynton Beach, Florida 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. 4 of 301 10. CITY MANAGER’S REPORT A. Review and accept update of the Neighborhood Stabilization Program. B. Review public comment card system for City Commission Meetings. 11. FUTURE AGENDA ITEMS A. Final approval of Climate Action Plan (July 20, 2010) B. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (July 20, 2010) C. Review proposed Ethics Ordinance (July 20, 2010) D. New Contract for Police Services in Briny Breezes (July 20, 2010) E. Discussion on Commission Expense Account Reporting System (July 20, 2010) F. Budget Workshops -- July 19-21; Library Program Room; 1 pm -- 5 pm daily including adoption of Tentative Millage Rate for FY 2010/11 and Preliminary Fire Assessment Resolution for FY 2010/11 G. Budget Workshops – Review of Five Year Capital Improvements Program – July 19, 2010 (8:00 a.m. to Noon) – Library Program Room H. Amendment to ATS Agreement (Red Light Camera) to comply with recent legislative changes (July 20, 2010) I. Appoint members to 7-member independent Community Redevelopment Agency Board (August 3, 2010) J. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) K. Restoration of Old High School – (TBA) L. Further discussion on Sale/Transfer of WXEL – (TBA) M. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers N. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers 5 of 301 O. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers 12. NEW BUSINESS PROPOSED RESOLUTION NO. R10-088 A. - Approve Land Lease Agreement between the City and CRA for Property Located at the SW Corner of E. Ocean Avenue and S.E. 4th Street 13. LEGAL PROPOSED ORDINANCE NO. 10-014 - SECOND READING A. - Approve an amendment to the Land Development Regulations, Chapter 2, Sections 4 and 11, to create regulations for the installation of low voltage fences within perimeter fences on properties zoned M-1 (Industrial) and PID (Planned Industrial Development). FIRST READING was approved by City Commission on June 15, 2010. Applicant: City- initiated. PROPOSED ORDINANCE NO. 10-015 - FIRST READING B. - Approve the revised Red Light Camera Ordinance PROPOSED RESOLUTION NO. R10-089 C. - Authorize 60-day extension of "Notice of Intent" (NOI) and moratorium to allow for continued study of impacts and regulations related to adult entertainment uses. PROPOSED RESOLUTION NO. R10-090 D. - Authorize 60-day extension of "Notice of Intent" (NOI) and moratorium to allow for continued study of impacts and regulations related to pain clinics, pain management clinics and other uses that dispense prescription pain medications 14. UNFINISHED BUSINESS A. Consider travel request for Vice Mayor Ross to attend the Florida League of Cities Annual Conference in Hollywood, FL on August 19-21, 2010. 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 301 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Proclaim July as Park & Recreation Month and announce EQUESTED CTION BY ITY OMMISSION the Annual Family Day Picnic, which will be held on Saturday, July 31, from 10 am - 7 pm at the Carolyn Sims Center - Proclamation will be accepted by Wally Majors, Director of Recreation and Parks. ER: National Park & Recreation Month is scheduled for July. It is XPLANATION OF EQUEST always a great time enjoy many of the great activities being organized by the Recreation & Parks Department. The U.S. House of Representatives has designated July as Park and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. H? The proclamation will help promote Parks OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and Recreation in our community. FI: N/A ISCAL MPACT A: Do not approve request. LTERNATIVES 7 of 301 P R O C L A M A T I O N WHEREAS , parks and recreation programs enhance our quality of life by contributing to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills and providing places for enjoyment; and WHEREAS , parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism and reduce crime; and WHEREAS , recreation builds family unity, strengthens neighborhood involvement, offers opportunity for social interaction, enhances education, develops creativity, and promotes cultural diversity; and WHEREAS , our parks trail ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water and preserve plant and animal wildlife; and WHEREAS , recreation, therapeutic recreation and leisure education are essential to the rehabilitation of individuals who have been ill or disabled; and th WHEREAS , Florida’s state parks are celebrating their 75 Anniversary of providing affordable, family-friendly activities and during the 2008-2009 fiscal year more than 21.4 million people visited Florida’s 160 state parks, contributing more than $947 million to Florida’s economy and generating nearly 19,000 jobs; and WHEREAS , the State of Florida and the City Boynton Beach recognize the benefits derived from quality public and private recreation and park resources at the local and state level; and WHEREAS, the National Recreation & Park Association and the Florida Recreation & Park Association designated July as Parks and Recreation Month; Now, therefore , I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim July 2010, as Parks and Recreation Month In witness whereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to th be affixed at Boynton Beach, Florida, the 6 day of July, Two Thousand and Ten. ____________________________ Jose Rodriguez, Mayor _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 8 of 301 9 of 301 10 of 301 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Presentation by Tana Ebbole, CEO of Children's Services EQUESTED CTION BY ITY OMMISSION Council of Palm Beach County ER: Tana Ebbole has requested time to make a formal presentation to XPLANATION OF EQUEST the Commission expressing appreciation to the Commission for its support of a resolution opposing SB 1216 and HB 1227, which would have required re-authorization of Children’s Services Councils every six years by referendum. The bills died in a tie vote in a House committee. The Children’s Services Council of Palm Beach County served approximately 50,000 children and families last year. The CSC has four goals: 1.) Children are born healthy; 2.) Are prepared for school; 3.) Are not abused or neglected; and 4.) Have access to quality after school programs. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Not permit presentation. LTERNATIVES 11 of 301 5. A ADMINISTRATIVE July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: JULY 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: 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 12 of 301 13 of 301 14 of 301 5. B ADMINISTRATIVE July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Appoint Voting Delegate for Florida League of Cities EQUESTED CTION BY ITY OMMISSION Annual Conference, August 19-21, 2010 in Hollywood, FL. ER: The annual Florida League of Cities conference will be held in XPLANATION OF EQUEST Hollywood, FL from August 19-21, 2010. Each municipality is requested to appoint one voting delegate. See attached request. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Not appoint a voting delegate. LTERNATIVES 15 of 301 16 of 301 17 of 301 6. A CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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 of the Special City Commission EQUESTED CTION BY ITY OMMISSION meeting held on June 8, 2010 and Regular City Commission meeting held on June 15, 2010. ER: The City Commission met on June 8, 2010 and June 15, 2010 and XPLANATION OF EQUEST 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 18 of 301 19 of 301 20 of 301 21 of 301 22 of 301 23 of 301 24 of 301 25 of 301 26 of 301 27 of 301 28 of 301 29 of 301 30 of 301 31 of 301 32 of 301 33 of 301 34 of 301 35 of 301 36 of 301 37 of 301 38 of 301 39 of 301 40 of 301 41 of 301 6. B CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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- 082 - Approve the EQUESTED CTION BY ITY OMMISSION transfer of five (5) parcels of land to the Palm Beach County School Board in accord with a 1993 Site Expansion Interlocal Agreement Between the City of Boynton Beach and School Board of Palm Beach County for the expansion of the Poinciana Elementary School Site ER: In July of 1993 the City of Boynton Beach entered into an Inter- XPLANATION OF EQUEST local Agreement with the Palm Beach County School Board wherein both the City and the School Board agreed to publicly and jointly pursue the acquisition of adjacent parcels of properties around the campus of Poinciana Elementary School in order to permit the expansion of the school. Included in the City’s acquisition were five (5) parcels (Exhibit ‘A’), which are now part of the campus of Poinciana Elementary School, but were never transferred to the School Board. The purpose of this resolution is to clean up this left over issue from the inter-local agreement by completing that transfer. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not transfer the five parcels to the Palm Beach County School Board. LTERNATIVES 42 of 301 RESOLUTION NO. R10 - 082 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TRANSFERRING FIVE (5) PARCELS OF LAND TO THE PALM BEACH COUNTY SCHOOL BOARD IN ACCORDANCE WITH A 1993 SITE EXPANSION INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE EXPANSION OF THE POINCIANA ELEMENTARY SCHOOL SITE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in July, 1993 the City of Boynton Beach entered into an Interlocal Agreement with the Palm Beach County School Board wherein both the City and the School Board agreed to pursue the acquisition of adjacent parcels of properties around the campus of Poinciana Elementary School to allow for the expansion of the school; and WHEREAS , as part of the Interlocal Agreement, the City was to transfer five (5) parcels of property which are now part of the Poinciana Elementary School campus, but which were never formally transferred to the School Board of Palm Beach County; and WHEREAS, staff is recommending completing the transfer of the five (5) parcels pursuant to the 1993 Site Expansion Interlocal Agreement by authorizing the Mayor to execute the Special Warranty Deed. 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 hereby authorizes the Mayor to execute a Special Warranty Deed, a copy of which is attached hereto as Exhibit “A”, transferring five (5) parcels of land to the Palm Beach County School Board in accordance with a 1993 Site Expansion Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the expansion of the Poinciana Elementary School site. 43 of 301 Section 3. That this Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _____ day of __________________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 44 of 301 45 of 301 46 of 301 47 of 301 48 of 301 49 of 301 50 of 301 51 of 301 52 of 301 53 of 301 54 of 301 55 of 301 56 of 301 57 of 301 58 of 301 6. C CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-083 - Approve a EQUESTED CTION BY ITY OMMISSION three-year piggyback of the contract with Malcolm Pirnie, Inc. of Plantation, FL for Temporary Debris Site Monitoring 2010 Hurricane Season. The Agreement No. 08-233 is to be utilized as an insurance policy on an “AS NEEDED BASIS”. All expenditures will be eligible for reimbursement from FEMA. The Solid Waste Authority complied with Public Contract bid requirements equal to or which exceeds Boynton Beach’s requirements. CP:A12,2008A11,2011 ONTRACT ERIOD UGUST TO UGUST ER: Following the hurricanes of 2004-05, we experienced some reimbursement XPLANATION OF EQUEST issues for debris removal tickets. Those problems were almost exclusively Site Monitor issues. Site Monitors work hand-in-hand to determine the volume in each load at the disposal site. The loads are inspected from a catwalk and it is imperative that the estimated volume is consistent with the FEMA monitors estimation. Malcolm Pirnie, Inc. will provide Temporary Debris Site Monitors on behalf of the City of Boynton Beach to observe debris unloading operations at the Solid Waste Authority’s temporary debris sites to assure efficient traffic flow and proper handling of load tickets that record FEMA data. The Malcolm Pirnie Temporary Site Monitors calibrate their debris vehicle load determinations with the FEMA monitors thereby eliminating discrepancies. This process will greatly improve our reimbursement capabilities with FEMA. Attached is a letter from Solid Waste Authority authorizing the City of Boynton Beach to piggy-back their contract. Also attached is an acceptance letter from Malcolm Pirnie, Inc. H? Due to critical nature of this service, it is imperative to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a contract in place in the event of a hurricane/disaster/emergency situation. Temporary Debris Site monitors are expected to provide volume determination consistent with FEMA. FI: Debris removal expenditures are eligible for reimbursement from FEMA. ISCAL MPACT A: Not to piggy-back this contract. LTERNATIVES 59 of 301 RESOLUTION NO. R10 - 083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACKING OF A CONTRACT BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND MALCOLM PIRNIE, INC., FOR TEMPORARY DEBRIS SITE MONITORING DURING THE 2010 HURRICANE SEASON ON AN “AS NEEDED” BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MALCOLM PIRNIE, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City would like to utilize this contract agreement between the Solid Waste Authority of Palm Beach County and Malcolm Pirnie, Inc., for temporary site monitoring services during the 2010 hurricane season on an “as needed” basis; and WHEREAS , Malcolm Pirnie, Inc., will provide temporary debris site monitors on behalf of the City of Boynton Beach to observe debris unloading operations at the Solid Waste Authority’s temporary debris sites to assure efficient traffic flow and proper handling of load tickets that record FEMA data; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve the piggy-back and authorize the City Manager to execute an Agreement with Malcolm Pirnie, Inc., for temporary site monitoring services during the 2010 hurricane season on an “as needed” basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby approves the piggy-backing of a Solid Waste Authority of Palm Beach County Agreement with Malcolm Pirnie, Inc., for temporary site monitoring services during the 2010 hurricane season on an “as needed” basis. Section 3. The City Commission of the City of Boynton Beach hereby authorizes the 60 of 301 City Manager to execute an Agreement between the City of Boynton Beach and Malcolm Pirnie, Inc., a copy of which is attached hereto as Exhibit “A”. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of June, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 61 of 301 AGREEMENT THIS IS AN AGREEMENT, dated this _____ day of _______, 2010, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as “City”, and MALCOLM PIRNIE, INC., a Foreign corporation authorized to do business in the State of Florida, with a th principal address of 1300 East 8 Avenue, Ste. 100, Tampa, Florida 33605, hereinafter referred to as “Contractor”. WHEREAS , the City has the need to procure the services, on an “as needed basis” of qualified contractors to provide site monitoring to observe debris unloading operations at the Solid Waste Authority’s temporary debris sites (“Services”) in the event of a hurricane landfall, or other natural and/or manmade disasters; and WHEREAS , the Solid Waste Authority of Palm Beach County competitively bid for these Services under awarded Agreement #08-233 to Malcolm Pirnie, Inc., for temporary debris site monitoring; and WHEREAS , on August 12, 2008, the Solid Waste Authority entered into a three (3) year agreement with Contractor to provide disaster debris management and support services, a copy of which is attached hereto and made part hereof as Exhibit “A” (“Solid Waste Authority Agreement”); and WHEREAS , the City has reviewed the scope of services of the competitively bid Solid Waste Authority Agreement and has determined that it is an agreement that can be utilized by the City to provide said Services to the City of Boynton Beach; and WHEREAS , the Solid Waste Authority has provided a letter of approval granting the City permission to “piggy-back” the Solid Waste Authority agreement, a copy of the approval letter is attached hereto and made part hereof as Exhibit “B”; and WHEREAS , Contractor has agreed to honor the prices and terms and conditions of the Solid Waste Authority Agreement in performing said Services for the City; and WHEREAS , City desires to retain the services of Contractor based on the Solid Waste Authority Agreement; and NOW, THEREFORE , in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 62 of 301 Section 2. Attached hereto and made a part hereof by reference as Exhibit “A” is the Solid Waste Authority Agreement referenced above. The prices, terms and conditions of this Solid Waste Authority Agreement shall govern the relationship between the City and Contractor, except as amended below: A.The Scope of Services for work to be performed under this Agreement shall be as set forth in Exhibit “A”, except said services shall be performed in and for the City of Boynton Beach. B.Contractor shall perform the services in and for the City of Boynton Beach as detailed in the Solid Waste Authority Agreement utilizing the prices set forth in Exhibit “A”. C.Pursuant to Solid Waste Authority Agreement, Article 27, Notice, all Notices to the City shall be sent to: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 D.Article 28, Contract Administration shall be under the general direction of Jeffrey Livergood, Public Works Director, or his designee. E.Contractor shall provide City with proof of insurance as required by the Solid Waste Authority Agreement naming the City of Boynton Beach as the “Additional Insured” and providing the City with all the same endorsements provided to the Solid Waste Authority of Palm Beach County in the Solid Waste Authority Agreement. Section 3. In all other respects, the terms and conditions of the Solid Waste Authority Agreement, are hereby ratified and shall remain in full force and effect under this “piggybacking” arrangement, as provided by their terms. 63 of 301 IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNTON BEACH BY: ________________________________ KURT BRESSNER CITY MANAGER ATTEST: BY: ________________________________ Janet Prainito, MMC City Clerk Approved as to form: BY: _______________________________ James A. Cherof, Esquire City Attorney WITNESSED BY: MALCOLM PIRNIE, INC. ___________________________ BY: ________________________________ President ___________________________ STATE OF FLORIDA COUNTY OF ________________ The foregoing Agreement was acknowledged before me this _____ day of _______________, 2010, by ____________________________ of MALCOLM PIRNIE, INC., who is personally known to me, and who has affirmed that he/she has been duly authorized to execute the above document on behalf of the corporation. NOTARY'S SEAL: _________________________________________ NOTARY PUBLIC, STATE OF FLORIDA _________________________________________ Name of Acknowledger, typed, printed, or Stamped 64 of 301 EXHIBIT “A” AGREEMENT BETWEEN SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND MALCOLM PIRNIE, INC. 65 of 301 EXHIBIT “B” APPROVAL LETTER FROM SOLID WASTE AUTHORITY GRANTING THE CITY OF BOYNTON BEACH PERMISSION TO PIGGY-BACK THE SOLID WASTE AUTHORITY AGREEMENT 66 of 301 67 of 301 68 of 301 69 of 301 70 of 301 71 of 301 72 of 301 73 of 301 74 of 301 75 of 301 76 of 301 77 of 301 78 of 301 79 of 301 80 of 301 81 of 301 82 of 301 83 of 301 84 of 301 85 of 301 86 of 301 87 of 301 88 of 301 89 of 301 90 of 301 91 of 301 92 of 301 93 of 301 94 of 301 95 of 301 96 of 301 97 of 301 98 of 301 99 of 301 100 of 301 101 of 301 102 of 301 103 of 301 104 of 301 105 of 301 106 of 301 107 of 301 108 of 301 109 of 301 110 of 301 111 of 301 112 of 301 113 of 301 114 of 301 115 of 301 116 of 301 6. D CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Execute "RELEASE OF ALL CLAIMS" document in order EQUESTED CTION BY ITY OMMISSION to accept reimbursement of $31,635.13 from Florida Power & Light, Incorporated. ER: On March 25, 2010, the Utility Department’s contractor, Madsen- XPLANATION OF EQUEST th Barr, Inc., excavated an 8” sanitary sewer main located at 2570 SW 11 Street to repair the line. A metal rod holding a cable to the telephone pole was protruding through the 8” gravity sewer line. The rod and the pole belonged to Florida Power & Light (FP&L). Our contractor removed the metal rod and completed the repair. Subsequently, we petitioned FP&L for reimbursement of the City’s cost: $31,635.13. FP&L has agreed to the reimbursement upon the execution of the “Release of All Claims” form (see attachment). H? The Utility routinely is involved in the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES resolving situations whereby our underground services have been impaired by other entities and seeks compensation for repairs. The City will recover the cost of repairing the 8” gravity main line. FI: The reimbursement will offset the City’s cost to make the repair. ISCAL MPACT A: No viable alternative at this time. LTERNATIVES 117 of 301 118 of 301 119 of 301 120 of 301 121 of 301 6. E CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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 "SURPLUS VEHICLE / EQUIPMENT LIST" EQUESTED CTION BY ITY OMMISSION as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. ER: Procurement Services has received forty-four (44) items on the XPLANATION OF EQUEST “SURPLUS VEHICLE / EQUIPMENT LIST” that was submitted by the Public Works/Fleet Maintenance Division (see attached listing). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles / Equipment will allow the vehicles / equipment to be auctioned by the City’s approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission’s review, evaluation, and approval to sell the items on the Surplus Vehicles / Equipment List. H? The disposal of Surplus Vehicles / OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FI: The revenues generated from the sale of the surplus vehicles / equipment will ISCAL MPACT be placed in the Fleet Maintenance Fund in the following account: Revenue Account: Account Description: 501-0000-365-01-00 Sale of Surplus Vehicles/Equipment A: To hold Public Auction with staff which has been done in the past but, after LTERNATIVES expenses, it was not in the best interest of the City. 122 of 301 123 of 301 124 of 301 6. F CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-084 - Approve a EQUESTED CTION BY ITY OMMISSION no-cost supplement to the previously approved sixty-three (63) month agreement with SunGard Public Sector Inc., in accordance with the attached “Supplement to the SunGard Public Sector, Inc. Application Service Provider Agreement Schedule A - Order Form" for a Cash Receipts Interface / Lockbox. EXPLANATION OF REQUEST: The Commission previously approved the Agreement with SunGard on October 20, 2009 that became effective November 2, 2009. This no-cost supplement will add the following benefits:  Elimination of most manual work involved in receipt of electronic “check” payments for residents’ utility bills. This add-on application replaces the need to “key in” the names and payment amounts. Therefore, it not only speeds up the process, it should also greatly reduce keying errors.  No additional fee for this supplement to the Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Finance staff will no longer need to key in the names and amounts for funds received directly from residents’ checking accounts for payment of utility bills. FISCAL IMPACT: None. Sungard has waived the $150 monthly fee in exchange for work performed on this module and other Sungard HTE modules by City ITS staff. ALTERNATIVES: Reject the no-cost supplement and continue manually posting utility payments. Staff recommends accepting the no-cost supplement to the SunGard Agreement. 125 of 301 RESOLUTION R10- 084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NO-COST SUPPLEMENT TO THE PREVIOUSLY APPROVED SIXTY-THREE (63) MONTH APPLICATION SERVICE PROVIDER AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SUNGARD PUBLIC SECTOR, INC., FOR A CASH RECEIPTS INTERFACE/LOCKBOX; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 20, 2009, the City Commission approved an Agreement with SunGard HTE for a sixty-three month Application Service Provider Agreement; and WHEREAS, this no-cost supplement will benefit the City by the elimination of most manual work involved in receipt of electronic check payments for residents utility bills and replaces the need to enter the names and payment amounts which will speed up the process and reduce keying errors that may occur; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute the no-cost Supplement to the SunGard Public Sector Inc., Application Service Provider Agreement Schedule A – Order Form for a cash receipts interface/lockbox. 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, authorize and directs the City Manager to execute the no-cost Supplement to the SunGard Public Sector Inc., Application Service Provider Agreement Schedule A – Order Form for a cash receipts interface/lockbox, a copy of the Supplement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of July, 2010. 126 of 301 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 127 of 301 128 of 301 6. G CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-085 - Approve a EQUESTED CTION BY ITY OMMISSION three-year extension of a contract with Phillips & Jordan, Inc. of Robinsville, North Carolina, for Debris Collection and Disposal 2010 Hurricane Season. The RFP#07-240 is to be utilized as an insurance policy on an "AS NEEDED BASIS". CP: June 14, 2010 to June 13, 2013. ONTRACT ERIOD ER: On July 3, 2007, Commission approved the Piggy-Back of a three-year XPLANATION OF EQUEST contract with Solid Waste Authority of Palm Beach County to PHILLIPS & JORDAN, INC. of Robbinsville, North Carolina. The Agreement entered into between the City and Phillips & Jordan, Inc., allows for a three-year extension at the same terms, conditions, and prices subject at the request and discretion of the City. A copy of that Agreement is attached hereto. Also attached is a letter from Solid Waste Authority authorizing the City of Boynton Beach to piggy-back The Solid Waste Authority complied with Public Contract bid requirements equal to or their contract. which exceeds Boynton Beach's requirements and an agreement letter from Phillips & Jordan, Inc. H? Due to critical nature of this service, it is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES imperative to have a contract in place in order to avoid delays should there be a hurricane/disaster/emergency situation. Contract for Debris Collection and Disposal is reimbursed through FEMA. FI: Debris removal expenditures are eligible for reimbursement from FEMA. ISCAL MPACT A: Not to exercise the City’s option to extend the contract. LTERNATIVES 129 of 301 RESOLUTION NO. R10- 085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE THREE (3) YEAR EXTENSION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PHILLIPS AND JORDAN, INCORPORATED, FOR DEBRIS COLLECTION AND DISPOSAL BEGINNING THE 2010 HURRICANE SEASON; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH PHILLIPS AND JORDAN, INCORPORATED; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 3, 2007, the City Commission approved the piggy-back of a three-year contract between Solid Waste Authority of Palm beach County and Phillips and Jordan, Incorporated (a/k/a Phillips & Jordan, Inc.) of Robbinsville, North Carolina for debris collection and disposal; and WHEREAS , pursuant to paragraph 2B of the Agreement dated August 7, 2007, between the City of Boynton Beach and Phillips & Jordan, Inc., the City has an option to extend the Agreement for one additional three-year term from June 14, 2010 through June 13, 2013; and WHEREAS , due to the critical nature of this service, it is imperative to have a contract in place in order to avoid delays should there be a hurricane/disaster/emergency situation; and WHEREAS, upon staff’s recommendation, the City Commission deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to exercise its option to extend the Agreement with Phillips & Jordan, Inc., for one three-year period to be utilized as an insurance policy on an “as needed basis”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby exercises its option to extend the Agreement with Phillips & Jordan, Inc. of Robbinsville, North Carolina, for one three-year period ending on June 13, 2013 which shall be utilized as an insurance policy on an “as needed basis for debris collection and disposal. 130 of 301 Section 3. The City Manager is authorized to execute the necessary documents to advise Phillips & Jordan, Inc., of the City’s decision to extend the Agreement. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 131 of 301 132 of 301 133 of 301 134 of 301 135 of 301 136 of 301 137 of 301 138 of 301 139 of 301 140 of 301 141 of 301 142 of 301 143 of 301 144 of 301 145 of 301 146 of 301 147 of 301 148 of 301 149 of 301 150 of 301 151 of 301 152 of 301 153 of 301 154 of 301 155 of 301 156 of 301 157 of 301 158 of 301 159 of 301 160 of 301 161 of 301 162 of 301 163 of 301 164 of 301 165 of 301 166 of 301 167 of 301 168 of 301 6. H CONSENT AGENDA July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-086 - Approve EQUESTED CTION BY ITY OMMISSION amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) designating the CRA a sub-recipient of $400,000. ER: XPLANATION OF EQUEST On November 18, 2008, the Boynton Beach City Commission adopted Resolution R08-139 to submit a Substantial Plan Amendment to its 2008-09 Community Development Block Grant (CDBG) Program to accept $2,963,311 allocated under 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 Neighborhood Stabilization Program (NSP). In the original NSP Plan, $400,000 in NSP funding was allocated for the Boynton Beach Community Redevelopment Agency (CRA) to provide direct down payment assistance for families at or below 120% of the area median income. The funds were to be provided as part of the redevelopment of vacant land in the northeast quadrant of the City on property acquired by the CRA (in the project known as Ocean Breeze). It was determined that down payment assistance was no longer a feasible use of NSP funds given the strict obligation deadlines. As a result, on May 18, 2010, the City Commission approved by Resolution No. R10-059 an amendment to the NSP Plan. The amendment was posted for a 15 day period, as required by the NSP program and the City’s Citizen Participation Plan in order to provide opportunity for public comment. After the 15 day comment period, the amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD). 169 of 301 The Boynton Beach CRA now proposes to use the NSP funds to provide a project subsidy for the eligible families through the development of infrastructure improvements such as roads, sidewalks, platting, underground utilities, and lighting in support of the construction of 20 single family houses on the site. It has been determined that the use of NSP funds for this purpose is an acceptable and allowable use and would facilitate the City meeting its NSP obligation requirements and prevent loss of the benefits to the target area residents. Upon completion, the houses will be sold to NSP income eligible families with incomes of 120% and below of the area median income and the value of the NSP funded infrastructure improvements will be transferred as a credit to the buyers or used to reduce the sales price. The proposed agreement between the CRA and the City of Boynton Beach will be for a period of 24 months to allow the CRA to complete the infrastructure improvements. In order to ensure compliance with the NSP obligation deadlines and avoid loss of the NSP funding and associated benefits to Boynton Beach residents, the CRA must develop a site plan and infrastructure contractor prior to August 30, 2010. HUD has provided the services of Local Initiatives Support Corporation, a national NSP technical assistance provider, to assist City and CRA staff in meeting this deadline. The CRA must satisfy the National Objectives of the NSP program by completing the construction and sale of the houses to NSP eligible buyers by September 30, 2013. H? This Resolution, and the attached Interlocal OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Agreement, represents a substantial amendment to the prior Agreement that more specifically spells out the obligations of the parties and timelines that must be met in order to comply with the requirements of the NSP Program. FI: The Agreement requires the CRA to fully comply with the National Objective ISCAL MPACT Requirements of the Department of Housing and Urban Development (HUD) by a date certain or return the $400,000 to the City of Boynton Beach. A: Do not approve the amended Agreement. LTERNATIVES 170 of 301 171 of 301 172 of 301 173 of 301 174 of 301 175 of 301 176 of 301 177 of 301 178 of 301 179 of 301 180 of 301 181 of 301 182 of 301 183 of 301 184 of 301 185 of 301 186 of 301 187 of 301 188 of 301 189 of 301 190 of 301 191 of 301 192 of 301 193 of 301 194 of 301 195 of 301 196 of 301 197 of 301 198 of 301 199 of 301 200 of 301 201 of 301 202 of 301 203 of 301 204 of 301 205 of 301 206 of 301 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-087 - Approve EQUESTED CTION BY ITY OMMISSION th release of municipal liens on CRA vacant property located at NW 11 Avenue, Boynton Beach, Florida ER: XPLANATION OF EQUEST In October 2005, the Boynton Beach Community Redevelopment Agency (the “CRA”) acquired th a real property located at NW 11 Avenue, Boynton Beach, Florida, more particularly identified with PCN 08-43-45-21-24-000-0101 (the “Property”). The CRA is in the process of transferring the Property to the City of Boynton Beach as part of the Land Swap Agreement. The lien search report of the Property reveals the existence of three (3) nuisance abatement liens against Gloria Skinner, a prior owner, created by Resolution No. 01-45 adopted by the City Commission on March 6, 2001, as follows: Lien No. 01-82 / CEB # 97-3110 Lien No. 01-83 / CEB # 00-0017 Lien No. 01-84 / CEB # 98-1493 The Property is currently in compliance. Therefore, it is recommended to adopt a resolution to release the above referenced nuisance abatement liens. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The release and waiver of the referenced nuisance abatement liens would allow the CRA to transfer clear title of the Property to the City, as part of the Land Swap Agreement. FI: ISCAL MPACT 207 of 301 The approximately amount owed on these liens is $1,039.87 as of March 30, 2010, plus accrued interest. A: LTERNATIVES Do not release and waive the fines owed on the above referenced nuisance abatement liens. 208 of 301 RESOLUTION NO. R10-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING RELEASE OF MUNICIPAL NUISANCE ABATEMENT LIENS ON CRA TH VACANT PROPERTY LOCATED AT NORTHWEST 11 AVENUE; AUTHORIZING AND DIRECTING THE APPROPRIATE DOCUMENTS BE EXECUTED TO EFFECTUATE THE RELEASE OF MUNICIPAL NUISANCE TH ABATEMENT LIENS ON PROPERTY LOCATED AT NW 11 AVENUE, BOYNTON BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , in October, 2005, the Boynton Beach Community Redevelopment Agency th acquired real property located at NW 11 Avenue, Boynton Beach; and WHEREAS, this property is part of the Land Swap Agreement which the CRA will be transferring to the City; and WHEREAS, a lien search report of the property reveals the existence of three (3) nuisance abatement liens against Gloria Skinner, a prior owner, created by Resolution No. 01-45 which was adopted by the City Commission on March 6, 2001 as follows: Lien No. 01-82/CEB #97-3110, Lien No. 01-82/CEB #00-0017, and Lien No. 01-84/CEB #98-1493; and WHEREAS , in order for the CRA to transfer clear title of the property to the City it is recommended that the City release the referenced nuisance abatement liens; and WHEREAS , the City Commission of the City of Boynton Beach, Florida upon recommendation of staff, deems it to be in the best interest of the residents of Boynton Beach to release the above-stated nuisance abatement liens. 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 authorizes the release of the nuisance abatement liens against Gloria Skinner, the prior owner, which were created by 209 of 301 Resolution No. 01-45 and adopted by the City Commission on March 6, 2001, as follows: Lien No. 01- 82/CEB #97-3110, Lien No. 01-82/CEB #00-0017, and Lien No. 01-84/CEB #98-1493. Section 3. The City Clerk is hereby directed to execute and record the appropriate documents in order to release the liens. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 210 of 301 211 of 301 212 of 301 213 of 301 214 of 301 215 of 301 216 of 301 217 of 301 218 of 301 219 of 301 220 of 301 221 of 301 222 of 301 10. A CITY MANAGER’S REPORT July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Review and accept update of the Neighborhood EQUESTED CTION BY ITY OMMISSION Stabilization Program. ER: The status of the Neighborhood Stabilization program is as follows: XPLANATION OF EQUEST $1,944,900 – Value of offers made on 22 properties $ 664,300 – Offers accepted on 7 properties encumbered The specifications for rehabilitation of six of the properties have been completed, and staff is currently determining the estimated costs involved. Six (6) properties were acquired since the last report. The two (2) properties rejected by staff were due to the presence of undetermined sources of water damage from the exterior walls. H? The purchase and rehabilitation of these OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES properties will be providing affordable housing for income eligible families. FI: 33% of available NSP funds currently encumbered. ISCAL MPACT A: Not to accept the report. LTERNATIVES 223 of 301 224 of 301 10. B CITY MANAGER’S REPORT July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Review public comment card system for City EQUESTED CTION BY ITY OMMISSION Commission Meetings. ER: Prior to 2003, the City used a public comment card system for City XPLANATION OF EQUEST Commission meetings. There were two cards that the City used. The first was for items on the City Commission agenda and the second were for items not on the City Commission agenda. It appears from the record that the comment card system was instituted by former Mayor Gerald Broening in 2000 and ended when his term of office ended in November 2003. Staff performed an informal survey of Palm Beach County governmental organizations and found that a number of agencies do use a card system for public comment at Commission or Board meetings. A copy of the survey results is attached as well as copies of comment cards used by these agencies. H? When the card system was used, it OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provided a useful database of issues brought before the City as well as correct contact information of parties bringing matters before the City Commission. This provided a helpful means of follow-up with citizens after the meeting for additional information or to track response to inquiries. FI: None other than incidental cost of printing the comment cards, not expected ISCAL MPACT to exceed $100. A: Do not implement any changes to the public comment system at the City LTERNATIVES Commission meetings. 225 of 301 Comment Cards Used Procedures Comments Comment cards are used by City Council, CRA and P&Z Board. Not required to fill out a card, but asked to state name and address BOCA RATON Yes Yes when at the podium. Cards have worked well. BOYNTON BEACH No Council Policy No 7 CITIZEN COMMENTS FROM THE FLOOR Public able to make comments at the beginning of the meeting on agenda items only. (If agenda Item requires a public hearing they can not comment when hearing is opened). Comments on non- agenda items at the end of meeting prior to staff comments. GREENACRES No Yes- Policy JUPITER Yes Yes- Town Code Town Code regarding public comments. Public can speak at the beginning of the meeting on non agenda items; Lake Worth also allows the public to speak on all items except those listed on the Consent Agenda regardless of whether or not it is a public hearing item. A few public have voiced their LAKE WORTH Yes Yes objection to using the cards, stating it’s a waste of time. Public Comments are an agenda item at the beginning of the OCEAN RIDGE No No meeting after agenda approval. Public comments are allowed on the consent, public hearings, and regular agenda items only so there is no special place on the agenda for public comment, with the exception of the meetings. that have Matters by the Public as a specific Agenda item. Matters by the Public is always a time certain at 2PM on first meeting of the month with no Matters by the Public being heard during January & August. Matters by the Public appears after the PALM BEACH COUNTY Yes Yes Regular Agenda and before Board Appointment. PALM BEACH COUTNY SCHOOL BOARD Yes No Used for Board Meetings, Workshops, and Public Hearings Public Comment section is under Item VII on the agenda which comes after the City manager report and before consent. Comment cards have worked relatively well but in the process of revising. PALM BEACH GARDENS Yes No Public Comments immediately following the consent agenda. TEQUESTA Yes Yes- Policy Comment cards have worked well. First-come, first-served hand raising system at the beginning of TOWN OF PALM BEACH No No the meeting and immediately after lunch break. 226 of 301 227 of 301 228 of 301 229 of 301 230 of 301 231 of 301 232 of 301 233 of 301 234 of 301 235 of 301 236 of 301 237 of 301 11. A FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Final approval of Climate Action Plan (July 20, 2010) EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 238 of 301 11. B FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Update on Alternative Use of Vacant Landfill Property East EQUESTED CTION BY ITY OMMISSION of the Boynton Beach Links, Municipal Golf Course (July 20, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 239 of 301 11. C FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Review proposed Ethics Ordinance (July 20, 2010) EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 240 of 301 11. D FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: New Contract for Police Services in Briny Breezes (July EQUESTED CTION BY ITY OMMISSION 20, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 241 of 301 11. E FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Discussion on Commission Expense Account Reporting EQUESTED CTION BY ITY OMMISSION System (July 20, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 242 of 301 11. F FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Budget Workshops -- July 19-21; Library Program Room; EQUESTED CTION BY ITY OMMISSION 1 pm -- 5 pm daily including adoption of Tentative Millage Rate for FY 2010/11 and Preliminary Fire Assessment Resolution for FY 2010/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 243 of 301 11. G FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Budget Workshops – Review of Five Year Capital EQUESTED CTION BY ITY OMMISSION Improvements Program – July 19, 2010 (8:00 a.m. to Noon) – Library Program Room ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 244 of 301 11. H FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Amendment to ATS Agreement (Red Light Camera) to EQUESTED CTION BY ITY OMMISSION comply with recent legislative changes (July 20, 2010) ER: n/a XPLANATION OF EQUEST H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 245 of 301 11. I FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board (August 3, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 246 of 301 11. J FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 247 of 301 11. K FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Restoration of Old High School – (TBA) EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 248 of 301 11. L FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Further discussion on Sale/Transfer of WXEL – EQUESTED CTION BY ITY OMMISSION (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 249 of 301 11. M FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: 1st Budget Public Hearing & Adoption of Proposed FY EQUESTED CTION BY ITY OMMISSION 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 250 of 301 11. N FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Public Hearing & Adoption of Final FY 2010-2011 Annual EQUESTED CTION BY ITY OMMISSION Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 251 of 301 11. O FUTURE AGENDA ITEMS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: 2nd Budget Public Hearing & FINAL Adoption of FY 2010- EQUESTED CTION BY ITY OMMISSION 2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 252 of 301 12. A NEW BUSINESS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-088 - Approve EQUESTED CTION BY ITY OMMISSION Land Lease Agreement between the City and CRA for Property Located at the SW Corner of E. Ocean th Avenue and S.E. 4 Street ER: The CRA is pursuing the relocation of a historic home, the Ruth XPLANATION OF EQUEST stst Jones cottage, from N.E. 1 Street/N.E. 1 Avenue to Ocean Avenue to create additional retail or restaurant space within the downtown area. The City owns a property at Ocean Avenue th and NE 4 Street. This property is currently being used as a public parking lot. The CRA is proposing to move the Ruth Jones cottage to the Ocean Avenue frontage of the City parking lot. This is consistent with the CRA’s Urban Design Guidelines and the mixed- used The CRA is actively seeking a tenant for the space to help activate Ocean Avenue as the main destination street for downtown. Currently there are twenty-one (21) parking spaces in the parking lot. With the movement of the cottage and the reconfiguration of the parking area there will be sixteen (16) spaces and one (1) handicap space. The required number of parking spaces for the cottage is eight (8). H? There will be an overall reduction of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public parking by five (5) spaces. However, the creation of space to house a new business will generate revenue to the City through permit fees and business licenses. FI: None immediately. ISCAL MPACT A: Do not approve the land lease. LTERNATIVES 253 of 301 RESOLUTION NO. R 10-088 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LAND LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR LEASE OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST OCEAN TH AVENUE AND SOUTHEAST 4 STREET; AND PROVIDING AN EFFECTIVE DATE. the Boynton Beach CRA is pursuing the relocation of a historic home, the WHEREAS, stst Ruth Jones cottage, from Northeast 1 Street/Northeast 1 Avenue to Ocean Avenue to create additional retail or restaurant space within the downtown area; and th WHEREAS, the property located at Ocean Avenue and Northeast 4 Avenue is owned by the City and is currently being used as a public parking lot; and upon recommendation of staff, the City Commission has determined that it WHEREAS, is in the best interests of the residents of the City to execute a Land Lease Agreement with the Boynton Beach Community Redevelopment Agency for lease of the property located at the th Southwest corner of East Ocean Avenue and Southeast 4 Street. 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 Mayor and City Clerk to execute a Land Lease Agreement with the Boynton Beach Community Redevelopment Agency for lease of the property located at the Southwest corner of East th Ocean Avenue and Southeast 4 Street, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA 254 of 301 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 255 of 301 256 of 301 257 of 301 258 of 301 259 of 301 260 of 301 261 of 301 262 of 301 263 of 301 264 of 301 265 of 301 266 of 301 267 of 301 268 of 301 269 of 301 270 of 301 271 of 301 13. A LEGAL July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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 ORDINANCE NO. 10-014 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve an amendment to the Land Development Regulations, Chapter 2, Sections 4 and 11, to create regulations for the installation of low voltage fences within perimeter fences on properties zoned M-1 (Industrial) and PID (Planned Industrial Development). FIRST READING was approved by City Commission on June 15, 2010. Applicant: City-initiated. ER: Staff recommends approval of amendment to allow an additional XPLANATION OF EQUEST security measure for industrial business and assist in their protection. A business in the industrial area has requested the ability to install a low voltage type of fence as a theft deterrent. Proposed regulations:  Add the underlined text within Part III, Chapter 2, Section 4. J. “Other Structures”, Paragraph #2., as follows: 2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished grade except in PID and M-1 zones, chain link fences shall be allowed to eight (8) feet in height and may be topped by not more than three strands of Low voltage security fencing in compliance with the regulations barbed wire. listed in Chapter 2, Section 11. Q., may be placed inside a perimeter fence in the PID and M-1 zones at a height not to exceed the perimeter fence height by two (2) feet. Hedges situated adjacent to golf courses, golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above finished grade. 272 of 301  Create new subsection “Q” within Part III, Chapter 2, Section 11. “Supplemental Regulations”, as follows: Q. SECURITY FENCES. The construction and use of electric fences shall be allowed in the city only as provided in this section, subject to the following standards: 1. IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electro technical Commission (IEC) Standard No. 60335- 2-76. 2. Electrification: (a) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger. (b) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76. 3. Perimeter fence or wall: (a) No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height. (b) The separation between the non-electrified perimeter fence and the electrified fence shall be one (1) foot. 4. Location: Electric fences shall be permitted on any property zoned M-1, or PID if on a parcel that allows industrial uses according to the corresponding master plan, and must be occupied by a business that has an active business tax certificate. 5. Warning signs: Electric fences shall be clearly identified with warning signs that are 3 square feet in size and that read: "Warning - Electric Fence". The letters on the sign shall be a minimum of six (6) inches in height, and the signs shall be spaced no greater than 40 feet apart, mounted on the fence at least five (5) feet above finished grade. The signs shall be written in English, Spanish and Creole. 6. Permitting: 273 of 301 Electric fences shall be governed and regulated under burglar alarm regulations of Part II Code of Ordinances, Chapter 2.5 Alarm Systems, and permitted as such. 7. Emergency Shut-off: An emergency shut-off switch shall be accessible to all emergency personnel to allow for necessary access. Control and access shall be of a type, location, and marking specified and approved by the Police Chief and Fire Marshall. 8. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section. Staff proposes and supports the subject amendment for the following reasons: 1. It is proven to be an effective method of deterring theft without representing a health risk to both criminals and the general public; 2. Increasing security should increase business success and confidence to operate within the City of Boynton Beach; 3. Only solar energy is used to power the system thereby making the security system a “green” system; and 4. The subject fences are not new to the area, as several other cities within Florida have accommodated the same electric fences through similar code provisions or alternative processes. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not adopt subject ordinance leaving code status quo, without provisions for LTERNATIVES electrified fences. 274 of 301 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS CHAPTER 2, SECTION 4J “OTHER STRUCTURES”, AND AMENDING CHAPTER 2, SECTION 11, “SUPPLEMENTAL REGULATIONS” BY CREATING A NEW SUB-SECTION “Q”, “SECURITY FENCES” TO ALLOW AN ADDITIONAL SECURITY MEASURE FOR INDUSTRIAL BUSINESSES AND ASSIST IN THEFT PREVENTION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City has received a request from a business in the City’s industrial district for permission to install a low voltage fence as a theft deterrent; and; WHEREAS, City staff has met with the contractor on a number of occasions to ensure the safety of the product which has also been reviewed by the Building Department, Fire Department and Police Department with no objections; and WHEREAS, the City Commission has considered staff’s recommendations and reports, and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect this addition; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2, Section 4J(2), “Other Structures” of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: J. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of structure as applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated by other parts of this ordinance. The following structures and improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted, and agency authorization shall be required for placement in easements: 275 of 301 … 2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished grade except in PID and M-1 zones, chain link fences shall be allowed to eight (8) feet in height Low voltage security fencing in and may be topped by not more than three strands of barbed wire. compliance with the regulations listed in Chapter 2, Section 11. Q., may be placed inside a perimeter fence in the PID and M-1 zones at a height not to exceed the perimeter fence height by two (2) feet. Hedges situated adjacent to golf courses, golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above finished grade. Section 3. Chapter 2, Section 11, “Supplemental Regulations” of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding a new sub- section Q, as follows: Q. SECURITY FENCES. The construction and use of electric fences shall be allowed in the city only as provided in this section, subject to the following standards: 2.IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electro technical Commission (IEC) Standard No. 60335-2-76. 2. Electrification: (a) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger. (b) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76. 3. Perimeter fence or wall: (a) No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height. (b) The separation between the non-electrified perimeter fence and the electrified fence shall be one (1) foot. 4. Location: Electric fences shall be permitted on any property zoned M-1, or PID if on a parcel that allows industrial uses according to the corresponding master plan, and must be occupied by a business that has an active business tax certificate. 5. Warning signs: 276 of 301 Electric fences shall be clearly identified with warning signs that are 3 square feet in size and that read: "Warning - Electric Fence". The letters on the sign shall be a minimum of six (6) inches in height, and the signs shall be spaced no greater than 40 feet apart, mounted on the fence at least five (5) feet above finished grade. The signs shall be written in English, Spanish and Creole. 6. Permitting: Electric fences shall be governed and regulated under burglar alarm regulations of Part II Code of Ordinances, Chapter 2.5 Alarm Systems, and permitted as such. 7. Emergency Shut-off: An emergency shut-off switch shall be accessible to all emergency personnel to allow for necessary access. Control and access shall be of a type, location, and marking specified and approved by the Police Chief and Fire Marshall. 8. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section. Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance Section 8. This ordinance shall become effective immediately. FIRST READING this ___ day of ___________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 277 of 301 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 278 of 301 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-034 TO: Mayor and City Commission FROM: Ed Breese Principal Planner THROUGH: Michael Rumpf Planning and Zoning Director DATE: May 5, 2010 RE: Security Fences (CDRV 10-004) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is considering an amendment to the Land Development Regulations to allow an additional security measure for industrial businesses and assist in theft prevention. A business in the City’s industrial district has requested the ability to install a low voltage type of fence as a theft deterrent. BACKGROUND Electric Guard Dog, on behalf of their client, Yellow Transportation, has approached staff for approval to install a low voltage fence to assist in loss prevention. Electric Guard Dog has received approvals for installation of this type of security fencing in the Cities of Pompano Beach, Cocoa, Orlando, Fort Pierce and Lakeland. City staff met with the fence contractor on a number of occasions to ensure the safety of the product and have had all of our questions answered. The Building Department, Fire Department and Police Department have all reviewed the proposal and have no objections. Based upon our review and research, the product would appear to be an appropriate theft deterrent measure for industrial properties with valuable or sizeable inventories, while not posing a safety threat to the general public. The low voltage fence would be placed inside the perimeter fence of the property, to avoid any inadvertent exposure to pedestrians. The applicant has provided staff with a model ordinance used by other municipalities and in compliance with International Electrical Code standards. Staff has reviewed the model ordinance and made slight adjustments for our purposes. PROPOSED AMENDMENTS Existing regulations:  None. Proposed regulations:  Add the underlined text within Part III, Chapter 2, Section 4. J. “Other Structures”, Paragraph 279 of 301 #2., as follows: 2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished grade except in PID and M-1 zones, chain link fences shall be allowed to eight (8) feet Low voltage in height and may be topped by not more than three strands of barbed wire. security fencing in compliance with the regulations listed in Chapter 2, Section 11. Q., may be placed inside a perimeter fence in the PID and M-1 zones at a height not to exceed the perimeter fence height by two (2) feet. Hedges situated adjacent to golf courses, golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above finished grade.  Create new subsection “Q” within Part III, Chapter 2, Section 11. “Supplemental Regulations”, as follows: Q. SECURITY FENCES. The construction and use of electric fences shall be allowed in the city only as provided in this section, subject to the following standards: 3.IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electro technical Commission (IEC) Standard No. 60335-2-76. 2. Electrification: (a) The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However the solar panel may be augmented by a commercial trickle charger. (b) The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76. 3. Perimeter fence or wall: (a) No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height. (b) The separation between the non-electrified perimeter fence and the electrified fence shall be one (1) foot. 4. Location: Electric fences shall be permitted on any property zoned M-1, or PID if on a parcel that allows industrial uses according to the corresponding master plan, and must be occupied by a business that has an active business tax certificate. 5. Warning signs: Electric fences shall be clearly identified with warning signs that are 3 square feet in size and that read: "Warning - Electric Fence". The letters on the sign shall be a minimum of six (6) inches in height, and the signs shall be spaced no greater 280 of 301 than 40 feet apart, mounted on the fence at least five (5) feet above finished grade. The signs shall be written in English, Spanish and Creole. 6. Permitting: Electric fences shall be governed and regulated under burglar alarm regulations of Part II Code of Ordinances, Chapter 2.5 Alarm Systems, and permitted as such. 7. Emergency Shut-off: An emergency shut-off switch shall be accessible to all emergency personnel to allow for necessary access. Control and access shall be of a type, location, and marking specified and approved by the Police Chief and Fire Marshall. 8. It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section. RECOMMENDATION Staff recommends that the proposed interim amendments to the Land Development Regulations be approved. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 10-004 Security Fences.doc 281 of 301 13. B LEGAL July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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 ORDINANCE NO. 10-015 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the revised Red Light Camera Ordinance ER: This proposed Ordinance is intended to implement the red light XPLANATION OF EQUEST camera enforcement program pursuant to Chapter 2010-80, Laws of Florida. The proposed Ordinance also provides for the transition from the City’s red light camera program as enacted in 2008 (Ordinance 08-034) to the State law program. The State law program is effective July st 1 but adoption of the City Ordinance is a prerequisite to commencement of enforcement in the City. H? By adopting the Ordinance, the City can OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES implement the State program. Under the State law, the City’s portion of the revenue from each citation is $75.00. Right turn on red violations will be viewed on a case by case basis and will be handled in accordance of FSS. FI: Assuming the use of 16 cameras, the range of gross revenue realized is ISCAL MPACT $1,314,000 (3 daily violations per camera) to $2,190,000 (5 daily violations per camera). After assuming a reduction for the actual number of tickets written, part fiscal year implementation and fines actually paid in the first fiscal year, the foregoing gross revenues range from $402,000 to $1,278,000 in the initial fiscal year (FY 2010-11) The camera vendor’s estimated charges are $4,750 per camera per month. Assuming the same 16 cameras, the annual total cost is $912,000 before costs incurred for enforcement or collection. Partial year implementation could approximate $456,000 of costs from the vendor resulting in average net revenues of no more than $400,000 in the first year before enforcement or collection costs. 282 of 301 A: Do not adopt the ordinance and end City action to implement a red light LTERNATIVES camera enforcement program. 283 of 301 ORDINANCE NO. 10-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING AND RESTATING CHAPTER 14.5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, “THE BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACT”, IN ITS ENTIRETY; AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF TRAFFIC INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS PURSUANT TO STATE LAW; PROVIDING FOR DEFINITIONS; PROVIDING FOR TRAFFIC INFRACTION ENFORCEMENT OFFICERS; AUTHORIZING CITY ADMINISTRATION TO TAKE ALL STEPS NECESSARY TO IMPLEMENT AND OPERATE THE ENFORCEMENT PROGRAM PURSUANT TO THE REQUIREMENTS OF STATE LAW; PROVIDING FOR THE LOCATION OF TRAFFIC INFRACTION DETECTORS WITHIN THE CITY; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach adopted Ordinance No. 08-034, which enacted the Boynton Beach Dangerous Intersection Safety Act, the provisions of which were codified in Chapter 14.5 of the City’s Code of Ordinances (“Ordinance No. 08-034”); and, WHEREAS, Ordinance 08-034 authorized the City to enforce civil infractions for violations of red light indications on traffic control signals, using traffic infraction detectors; WHEREAS, Ordinance 08-034 was adopted pursuant to the City’s Constitutional and home rule authority in Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, as well as Section 316.008, Florida Statutes, which grants municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of police power, authority to regulate and monitor traffic by means of police officers and security devices, as well as other authority provided by law; and, WHEREAS, on May 13, 2010, Governor Charlie Crist signed the “Mark Wandall Safety Program,” enacted as Laws of Florida, Chapter 2010-80 (the “State Act”), which, among other things, now expressly preempts to the state the subject matter of using unmanned cameras/monitoring devices, referred to as traffic infraction detectors in the State Act and defined therein, to enforce violations of red light indications on traffic control devices as of July 1, 2010; and 284 of 301 WHEREAS, the City Commission of the City of Boynton Beach finds that implementation of the enforcement program pursuant to the State Act effective July 1, 2010, will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes WHEREAS, the City Commission desires to implement the enforcement program set forth in the State Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 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 Ordinance upon adoption hereof. Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach, entitled Boynton Beach Dangerous Intersection Safety Act, shall be amended and restated to read as follows: Chapter 14.5: Red Light Infraction Enforcement Pursuant to State Law. §14.5-1 Intent. The purpose of this Chapter is to authorize the use of traffic infraction detectors to promote compliance with red light signal directives as defined in and prescribed by Laws of Florida, Chapter 2010-80 (the “State Act”). Consistent with State law, this Chapter will also supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance with other statutory traffic enforcement techniques. §14.5-2 Authorization for Enforcement Program. Effective July 1, 2010, the City shall enforce compliance with red light signal directives pursuant to the State Act, to utilize image capture technologies. The City shall comply with the requirements of the State Act, including without limitation the enforcement of Violations as defined herein and in the State Act, authorized fines for violations, citation forms, review of affidavits of non-responsibility, reporting obligations to state agencies, payments to the state, and public notice. This Chapter shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. §14.5-3 Definitions. The definitions set forth in the State Act, as may be amended, shall apply to the City’s implementation and application of the State Act. In addition, the following definitions shall apply to this Chapter: 285 of 301 (a)Notice of Violation. Initial notification from the City to the registered owner of a motor vehicle involved in a violation, notifying the registered owner of the violation, and containing information required by the State Act. (b)Recorded Images. Images recorded by a traffic infraction detector, which includes but is not limited to photographic or electronic images or streaming video. (c)Traffic Citation. Notification to the registered owner of a motor vehicle involved in a violation who failed to timely pay the fine pursuant to a Notice of Violation, and containing all information required by the State Act. (d)Traffic Infraction Enforcement Officer. The City Police Department employee designated pursuant to Section 14.5-4 herein, who meets the requirements of the State Act and who shall review the Recorded Images and issue Notices of Violation and Traffic Citations pursuant to the requirements of this Chapter and the State Act. (e)Violation. Violation of Sections 316.074(1) or 316.075(1)(c)1, Florida Statutes. §14.5-4 Traffic Infraction Enforcement Officer The City’s Police Chief shall designate Traffic Infraction Enforcement Officers, who shall meet the qualifications set forth in the State Act. (a)A Traffic Infraction Enforcement Officer shall review the Recorded Images that comply with the requirements of the State Act, prior to the issuance of a Notice of Violation pursuant to the State Act. Once the Traffic Infraction Enforcement Officer has verified the accuracy of the Recorded Images he or she shall note the violation and a Notice of Violation shall be sent to the registered owner of the involved vehicle pursuant to the State Act no later than thirty (30) days after the violation. The Notice of Violation shall be sent by first-class mail. (b)The State Act provides that in the event of non-payment of the Notice of Violation, the City shall issue a Traffic Citation to the vehicle owner. In the event of non-payment of the Notice of Violation within thirty (30) days of notification, the Recorded Images will be reviewed again by a Traffic Infraction Enforcement Officer, who will take all necessary action required by the State Act to send a Traffic Citation to the registered owner of the involved vehicle pursuant to the State Act no later than sixty (60) days after the Violation. The Traffic Citation shall be sent by certified mail. Section 3. The City Administration, including without limitation the City Manager, the Finance Department, the Police Department and the City Attorney, are authorized to take all steps necessary to implement and operate the Enforcement Program to comply with the requirements of the State Act. 286 of 301 Section 4. City Administration and the Police Department shall select the locations of the traffic infraction detectors within the City; provided that such locations comply with the requirements of the State Act, and subject to review by the City Commission at the request of the City Commission. Section 5. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission. FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow Hay _______________________________ Commissioner- Steven Holzman ATTEST: 287 of 301 ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 288 of 301 13. C LEGAL July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-089 - Authorize 60- EQUESTED CTION BY ITY OMMISSION day extension of "Notice of Intent" (NOI) and moratorium to allow for continued study of impacts and regulations related to adult entertainment uses. nd ER: On February 2, the Commission approved Resolution No. R10- XPLANATION OF EQUEST 21, thereby issuing a NOI to commence a temporary (180-day) moratorium allowing staff to conduct a warranted planning study on the operation and impacts of adult entertainment uses, and consider revising applicable city codes and ordinances as necessary. The Land Development Regulations Chapter 1, Article XI, Section “F” allows for an extension of the NOI and moratorium if additional time is required for deliberation and study. Staff recommends that the temporary moratorium be extended for 60 days, thereby extending the time period from August 1, 2010 to October 1, 2010. The additional time is necessary for the completion of mapping exercises and related analysis including review of other local regulations and the consideration of applicable federal regulations. H? If extended, no new applications for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES businesses subject to this NOI shall be accepted or processed during the period that this Notice has been extended. This Notice of Intent shall only apply to any application processed by the City that involves a pain clinic, a pain management clinic, or use that n Adult Entertainment Use. Adult Entertainment Uses are defined by the Land Development Regulations, Part 3. Chapter 1. Article II. Definitions. FI: N/A ISCAL MPACT 289 of 301 A: Not approve the resolution and maintain regulations as status quo. LTERNATIVES 290 of 301 RESOLUTION NO. R10 - 089 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A SIXTY DAY EXTENSION OF THE “NOTICE OF INTENT” APPROVED BY RESOLUTION NO. 10- 021; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the City Commission approved a Notice of Intent (NOI #2010-2) by Resolution R10- 021 on February 2, 2010; and WHEREAS , the Notice of Intent was to be in effect from the date of adoption and thereafter for a maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS, staff has recommended the temporary moratorium be extended for 60 days thereby extending the time period from August 1, 2010 to October 1, 2010 to allow additional time for the completion of mapping exercises and related analysis including review of other local regulations and the consideration of applicable federal regulations. 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 extend the Notice of Intent #2010-2, originally approved by Resolution No. R10-021, for an additional sixty days, to expire on October 1, 2010. Section 3. That this Resolution shall become effective immediately upon passage. 291 of 301 PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 292 of 301 13. D LEGAL July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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. R10-090 - Authorize 60- EQUESTED CTION BY ITY OMMISSION day extension of "Notice of Intent" (NOI) and moratorium to allow for continued study of impacts and regulations related to pain clinics, pain management clinics and other uses that dispense prescription pain medications ER: The City Commission approved Resolution No. R10-020 on XPLANATION OF EQUEST February 2, 2010 thereby issuing a Notice of Intent (NOI) to consider the need for, and adopt pending development regulations under a 180-day moratorium period applicable to pain clinics, pain management clinics and other uses that dispense prescription pain medications. st On June 1, after hearing the progress report from staff, the Commission directed staff to draft code amendments necessary to regulate said businesses, following the actions taken by other local governments. In the process of finalizing the proposed regulations, essentially tailoring similar regulations that are in place in three other cities in Palm Beach and Broward Counties, additional information has been obtained from the Broward County Task Force that may assist in preparing the most thorough and defensible set of regulations at this time. Therefore, staff recommends that additional time be taken to review the current draft regulations against the findings of the Task Force, present such information to the IPARC subcommittee, and finalize the proposed regulations incorporating any necessary changes. The Land Development Regulations Chapter 1, Article XI, Section “F” allows for an extension of the NOI and moratorium if additional time is required for deliberation and study. Staff recommends that the temporary moratorium be extended for 60 days, thereby extending the time period from August 1, 2010 to October 1, 2010. The additional time will particularly be used to consider and discuss whether those uses not exempt from the new state registration requirements (as required by FS Ch 458.3265 and 293 of 301 459.0137), be prohibited by local regulations, or be the subject of special standards and approval requirements. H? If extended, no new applications for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES businesses subject to this NOI shall be accepted or processed during the period that this Notice has been extended. This Notice of Intent shall only apply to any application processed by the City that relates to a pain clinic, pain management clinic and any use that dispenses prescription pain medications. FI: N/A ISCAL MPACT A: Not approve the resolution and maintain regulations as status quo. LTERNATIVES 294 of 301 RESOLUTION NO. R10 - 090 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A SIXTY DAY EXTENSION OF THE “NOTICE OF INTENT” APPROVED BY RESOLUTION NO. 10- 020; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the City Commission approved a Notice of Intent (NOI #2010-1) by Resolution R10- 020 on February 2, 2010; and WHEREAS , the Notice of Intent was to be in effect from the date of adoption and thereafter for a maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS, staff has recommended the temporary moratorium be extended for 60 days thereby extending the time period from August 1, 2010 to October 1, 2010 to allow additional time for review of the current draft regulations against the findings of the Broward County Task Force, present the information and finalize the proposed regulations incorporating any necessary changes. 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 extend the Notice of Intent #2010-1, originally approved by Resolution No. R10-020, for an additional sixty days, to expire on October 1, 2010. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 295 of 301 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 296 of 301 14. A UNFINISHED BUSINESS July 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 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: Consider travel request for Vice Mayor Ross to attend the EQUESTED CTION BY ITY OMMISSION Florida League of Cities Annual Conference in Hollywood, FL on August 19-21, 2010. ER: At the June 15, 2010 City Commission meeting Vice Mayor Ross XPLANATION OF EQUEST indicated she would like to attend the FLC Annual Conference in Hollywood, FL in August, 2010 with the City paying for registration and miscellaneous expenses. Per the Commission’s Travel Policy, Adopted in 2007 by Resolution R07-150, Commissioners must obtain concurrence by the majority of the Commission for the travel expenditure (Resolution and Travel Policy Attached). Travel expenditures are estimated to be: Registration: $325 – City Government Housing: N/A due to close proximity of event Meals/Misc.: 3 x $40 per diem = $120 Est. Total: $445.00 H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: There is minimal funding available in the City Commission travel budget. ISCAL MPACT Staff believes there would be enough of a balance to cover the registration fee and per diem meals ($445). A: 1) Approve travel expenditure; 2) Not approve travel expenditure. LTERNATIVES 297 of 301 298 of 301 299 of 301 300 of 301 301 of 301