Agenda 10-18-11 SupplementalThe City of
BB oo yy nn ttoo nn BB ee aacchh
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, OCTOBER 18, 2011
6:30 PM
SUPPLEMENTAL AMENDED AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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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).
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1. OPENINGS
A.Call to order - Mayor Jose Rodriguez
B.Invocation
C.Pledge of Allegiance to the Flag led by Commissioner Ross
CLOSED DOOR SESSION to be held at 5:45 p.m. regarding BOYNTON BEACH
MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH,
Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC.,
Third-Party Defendant. - Case No. 502008CA030196XXXXMB(AB)
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.Announcement of the Sand Sifters Harvest Beach Clean Up, which will be held
Saturday, November 5, beginning at 8 a.m. at Oceanfront Park
B.Presentation of the US Green Building Council, South Florida Chapter, 2011 Gala
Verde award for Green Government
C.Presentation recommending to the City Commission the establishment of Les Cayes,
Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be making the
presentation.
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
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
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all of the accompanying material to become a part of the Public Record and subject
to staff comments.
A.Approve the minutes from the City Commission regular meeting held on October 4,
2011
B.PROPOSED RESOLUTION NO. R11-114 - Approve an annual service Agreement
with Motorola, Inc. in the amount of $108,443.04 for the continued maintenance and
repair of the City's radio telecommunications system and authorize the Interim City
Manager to sign the Agreement.
C.PROPOSED RESOLUTION NO. R11-115 - Approve the revised fee structure for
Boynton Beach Memorial Park / Sara Sims Memorial Gardens
D.Approve a new classification to the City's pay plan and change the position title of a
City employee to the new classification.
E.Approve the expenditure of $27,506.85 for the annual renewal of the Grants Network
Master License and Service Agreement with eCivis.
F.Accept the written report to the Commission for purchases over $10,000 for the month
of September 2011.
G.Approve an Audit Committee comprised of the Director of Financial Services, Deputy
Director of Financial Services and Budget Manager for the purpose of recommending
a CPA Firm to conduct the annual audit of the City's financial statements.
7. BIDS AND PURCHASES OVER $100,000
A.(1) Disposition of bid protest appeal
(2) Reject the seven (7) highest bids the City received in response to the Invitation to
Bidders
(3) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-
11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford,
Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of
the amount of $81,200 for a total funding authorization of $893,200. -(TABLED
8/16/11 & 9/6/11 & 9/20/11 & 10/4/11)
B.Approve changes to the Annual Bid for Landscape Maintenance, original Bid #054-
2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders,
due to the closing of one of the awarded vendors -TABLED ON 10/4/11
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
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The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A.PROPOSED ORDINANCE NO. 11-026 - SECOND READING - Approve Habitat for
Humanity (LUAR 11-001) reclassifying subject property from Public and Private
Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant:
Michael Campbell
B.PROPOSED ORDINANCE NO. 11-027 - SECOND READING - Approve Habitat for
Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family
Residential District) to R-1 (Single-family Residential District). Applicant: Michael
Campbell
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
A.Accept the Draft City of Boynton Beach Economic Development Program.
B.Discussion of the City's Branding Initiative and future development
Authorize the utilization of up to $10,000 of Economic Development Incentive funding
for professional marketing services to facilitate completion of the brand development
process.
C.Review the Florida Atlantic University (FAU) Consultant Report on redistricting
alternatives for City Commission Districts within the City of Boynton Beach, Florida
and direct staff to prepare a redistricting ordinance from one of the alternative district
configurations for the November 1, 2011 City Commission meeting.
12. NEW BUSINESS
A.Discuss cancellation of the December 20th, 2011, City Commission meeting in
observance of the Jewish celebration of Hanukkah
B.Appoint a five-member committee to review the recommendation by the City Manager
to rename Veterans' Bicentennial Park to Veterans' Memorial Park.
13. LEGAL
A.PROPOSED ORDINANCE NO. 11-028 - SECOND READING - Approve repealing the
City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida,
which preempts firearm laws and regulation to the State.
B.PROPOSED ORDINANCE NO. 11-029 - SECOND READING - draft Lobbyist
Registration and Disclosure of Lobbying Activity Ordinance.
14. FUTURE AGENDA ITEMS
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A.Request to consider amendment to City Code regarding temporary banners to allow
"feather" banners. 11/01/11
B.Revisions to restrictions for vehicle size in residential districts - 11/01/11
C.CIP Utility Fund Report - 11/01/11
D.Review three (3) alternate proposals for leasing, construction and maintenance of a
billboard on property owned by the City. 11/15/11
E.Review process and timeline for the sale of City owned real property - three sites.
11/15/11
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 THE CITY CLERK'S
OFFICE (561) 742-6060 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.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Announcement of the Sand Sifters Harvest Beach Clean
Up, which will be held Saturday, November 5, beginning at 8 a.m. at Oceanfront Park.
EXPLANATION OF REQUEST: Gary Solomon of the Sand Sifters wishes to make the public aware
of the Harvest Beach Clean Up, which will be held at Oceanfront Park on Saturday, November
5, beginning at 8 a.m. at Oceanfront Park.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Recreation & Parks Department will
be joining the Sand Sifters in this exciting event, which, along with the monthly beach clean up,
will feature a food and toy drive benefitting the Community Caring Center of Boynton Beach, a
manatee awareness presentation by the Palm Beach County Environmental Management
Resources Division, information about community services and recycling from the Solid Waste
Authority, and plenty pumpkins.
FISCAL IMPACT: No fiscal impact.
ALTERNATIVES: Do not make the announcement.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 10/18/2011
REQUESTED ACTION BY CITY COMMISSION: Presentation of the US Green Building Council, South
Florida Chapter, 2011 Gala Verde award for Green Government.
EXPLANATION OF REQUEST: Accept the USGBC South Florida Gala Verde Green Government
award for the City’s achievements in implementation of the Climate Action Plan.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City competed against 9 other
governmental agencies for recognition of the successes achieved to date in the
implementation of the Climate Action Plan. Key to the City’s success in securing this award
was the recent adoption of the Voluntary Green Building Program, establishing Boynton Beach
as only the second municipality in the Nation to adopt the International Code Council’s
International Green Building Code.
The finalists for the Outstanding Green Government award category were:
City of Boynton Beach
City of Coconut Creek
City of Miramar
City of North Miami
City of Pompano Beach
City of Wellington
School District of Palm Beach County
St. Lucie County
Town of Davie
The voluntary Green Building Program and changes to the City’s Land Development
Regulations, enacted as part of the implementation of the Climate Action Plan, further the
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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common goal of the USGBC in achieving reduced energy consumption and promoting greater
water conservation. The City was nominated to submit its Climate Action Plan for consideration
by Green Community Alliance member Bill Whiteford.
FISCAL IMPACT: N/A
ALTERNATIVES:Do not allow the presentation.
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Presentation recommending to the City Commission the
establishment of Les Cayes, Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be
making the presentation.
EXPLANATION OF REQUEST: The Greater Boynton Beach Sister Cities, Inc. is requesting
approval from the City Commission to contact the Mayor of Les Cayes, Haiti to offer an
invitation to establish a Sister Cities relationship with the City of Boynton Beach. Upon
approval by the City Commission, an official letter signed by the Mayor and President of the
Greater Boynton Beach Sister Cities will be sent to the Mayor of Les Cayes.
In the event that the letter of invitation is accepted, a delegation from Boynton Beach (which
should include a member of the City Commission) will go to Les Cayes to discuss and identify
programs and exchanges of mutual interest. Following that visit, a delegation from Les Cayes
will be invited to Boynton Beach to further discuss the programs and exchanges and to meet
community leaders.
When there is mutual intent to become formally linked, both top-elected officials must sign
an official sister cities agreement.Upon receipt of a copy of this document, Sister Cities
International will send two official charters-one for Boynton Beach and one for Les Cayes. At
that point, the Greater Boynton Beach Sister Cities will be eligible to use the name "Sister
Cities," and both cities will officially become part of Sister Cities International’s network of
registered sister cities
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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FISCAL IMPACT:None at this time.
ALTERNATIVES: Not approve recommendation to invite Les Cayes, Haiti to become a Sister
City with Boynton Beach.
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5. A
ADMINISTRATIVE
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 4, 2011
REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in
vacant positions on City advisory boards
EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our
Advisory Boards full and operating as effectively as possible.
FISCAL IMPACT: None
ALTERNATIVES: Allow vacancies to remain unfilled.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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6. A
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Approve the minutes from the City Commission regular
meeting held on October 4, 2011
The City Commission met on October 4, 2011 and minutes were prepared from the notes
taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings
be prepared, approved and maintained in the records of the City of Boynton Beach.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken
by the City Commission will be maintained as a permanent record.
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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6. B
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11-114 - Approve an
annual service Agreement with Motorola, Inc. in the amount of $108,443.04 for the continued
maintenance and repair of the City's radio telecommunications system and authorize the Interim City
Manager to sign the Agreement.
EXPLANATION OF REQUEST:The City maintains a radio telecommunications system that
provides the Police Department, Fire/Rescue Department and other local government entities
with radio communications. The Motorola Company manufactured and installed our current
system which consists of computer consoles, portable radios, antennas and an infrastructure
that requires continuous monitoring and maintenance to insure operational readiness. The
City has a ten year relationship with Motorola and this request is for an annual maintenance
agreement for Motorola to provide monitoring and diagnostic services along with the
replacement or repair of any defects to the infrastructure, computer equipment, and radio
repair and upgrades as required. While Motorola has the option to subcontract radio
maintenance to an authorized Motorola subcontractor, the Communications infrastructure
(consoles, repeaters, etc) are serviced and maintained by Motorola directly. Authorized
subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly,
as their work orders are routed through Motorola.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement insures that
public safety and relevant local government entities can maintain radio communications which
is critical to the provision of services to the community.
FISCAL IMPACT: Budget item from the 2011-2012 fiscal year account number 001-1810-519.46-
24.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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ALTERNATIVES: Radio communications are mission critical to the public safety function. The
maintenance contract is required to insure continued operation of the system. If the current
system is not maintained the purchase of another system would be required.
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6. C
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R11-115 - Approve the
revised fee structure for Boynton Beach Memorial Park / Sara Sims Memorial Gardens
EXPLANATION OF REQUEST: The Cemetery Board has reviewed fees for services provided at the City
cemeteries and the members have unanimously recommended approval of these additions and
increases.
Service Current Recommended
Overtime Fee - Beginning at 3:00 p.m. on Monday
through Saturday and all day on Sunday and
holidays. Additionally, no services will be scheduled
after 3:30 p.m.
$225 $250
Fee for Transfer of Lot Deeds $30 $75
Cremated remains burials opening & closing fee $100 Anytime $250 weekdays/
Weekends/holidays
Emblem – This would be selected from a list on file
with the Cemetery staff/Parks Manager. (Emblems
not on list would require Board approval and a price
would be determined at that time.)
$75
Granite Benches – India Gray” in color with harp-
style legs. (This price includes $110 for engraving
up to 20 characters with up to two first names and
one last name inscribed on each side of the bench
and a $3 charge for each character over 20
characters. All requests for inscriptions must be
approved by the Board.)
$1,250 per bench
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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The last replat in Boynton Beach Memorial Park provided double-depth plots which are new to our City
cemetery. The following price list has been established for those plots:
PRICING FOR DOUBLE-DEPTH PLOTS IN NEW REPLAT:
RESIDENT PRICES FOR DOUBLE DEPTH
PLOTS
PLOT INCLUDING VAULT $1,200***
NON-RESIDENT PRICES FOR DOUBLE-
DEPTH PLOTS
PLOT INCLUDING VAULT $2,050***
***Additional opening & closing fees apply
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect.
FISCAL IMPACT: It is anticipated that these additions and increases to fees should increase revenue
collected. However, it is difficult to project exactly how much additional revenue will be collected.
ALTERNATIVES: None recommended.
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6. D
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Approve a new classification to the City's pay plan and
change the position title of a City employee to the new classification.
EXPLANATION OF REQUEST: Human Resources is requesting approval for the addition of a new
classification to the City’s pay plan, titled Communications/Network Coordinator, pay grade 22,
Fair Labor Standards Act (FLSA) status non-exempt. The proposed classification specification
is attached.
Human Resources is requesting approval to assign the Communications/Network Coordinator
classification title to an incumbent in the Police Department who is currently classified as a
Network Administrator, pay grade 22, FLSA status exempt. Our request for this title change is
based on the outcome of a job evaluation we conducted, from which we determined that the
incumbent’s primary essential functions differ from those performed by other Network
Administrator incumbents and do not meet the FLSA duties test for exemption.
Therefore, changing this incumbent’s title to Communications/Network Coordinator will
properly classify this incumbent as non-exempt in accordance with the Federal Fair Labor
Standards Act and will allow for a more accurate representation of the position’s essential
functions and minimum qualifications on the position’s classification specification.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?No affect.
FISCAL IMPACT: A fiscal impact would only occur when the incumbent works over forty (40)
hours in a workweek, as this would require overtime pay.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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ALTERNATIVES: None. Not changing the classification title would result in the City being non-
compliant with the Fair Labor Standards Act (FLSA).
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6. E
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Approve the expenditure of $27,506.85 for the annual
renewal of the Grants Network Master License and Service Agreement with eCivis.
EXPLANATION OF REQUEST: The City of Boynton Beach Grants Team has been successfully
using eCivis’ grant management products to research and track grant opportunities and
awards for the past ten years. In 2007, the City Commission approved entering into a Grants
Network Master License and Service Agreement with eCivis, via Resolution No. R07-232. The
Agreement is automatically renewed for successive one year terms unless either party
provides written notice to the other party prior to the end of the term indicating the party’s intent
to terminate this Agreement effective at the end of the current October 31, 2011 term.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Renewal of the Grants Network Master
License and Service Agreement will enable the Grants Team members to continue to
efficiently seek grant opportunities and manage grant awards. Grants Network: Tracking &
Reporting web-based system maximizes the coordination of, and visibility into, the grants
process, mitigates turnover issues, increases our win rate, and centralizes all files. The system
provides citywide use and oversight by the Grants Coordinator and the Finance Department.
Staff has compared this product to other grant management products on the market and by far
this surpasses the competition. (See attached comparison.) Grants Network is designed
specifically for local governments and offers much more than basic grant management. There
is no other product that provides access to a centralized federal, state, local and foundation
grant database, grant management and reporting tools, a training component and
organizational wide oversight.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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The Master License and Service Agreement includes access to a database of local, state and
federal grant opportunities, on-line/on-demand training at no additional cost, news and
legislative updates on grant opportunities, and a project level document repository for our
annual single audit. This allows the auditor on-line access to all grant related documents. This
also enables the City to move towards a more paperless process. Our return on investment is
evident year after year as staff researches effectively manages millions of federal, state and
local grant dollars using eCivis Grants Network.
FISCAL IMPACT:IN FY 2010, 27 grant awards totaling $11,466,715 were managed by
departments using eCivis’ Grants Network. In addition to preparing grant applications, staff
closed out 12 federal, state and local grants worth $3,925,321 as projects were completed.
The City of Boynton Beach receives substantial discounts due to our long standing relationship
in testing grant research and management products with eCivis. The renewal rate has not
increased since FY 2008/09. The total cost for Grant Network Research, Tracking & Reporting,
and KnowledgeBase service is $27,506.85. This expense is included in the adopted
FY2011/2012 General Fund budget and will be taken from the Grants Team account #001-
1210-512-64.14.
ALTERNATIVES: Not renew the License and Service Agreement and dramatically decrease our
ability to efficiently and effectively seek and manage grants citywide.
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6. F
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Accept the written report to the Commission for purchases
over $10,000 for the month of September 2011.
EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for July 2011:
Purchase Order Vendor Amount
110933 Gator Court Construction $ 10,400.00
110952 Ranger Construction $ 16,800.00
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
FISCAL IMPACT:This Ordinance provides the impact of reducing paperwork by streamlining
processes within the organization. This allows administration to maintain internal controls for
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
ALTERNATIVES:None
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6. G
CONSENT AGENDA
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Approve an Audit Committee comprised of the Director of
Financial Services, Deputy Director of Financial Services and Budget Manager for the purpose of
recommending a CPA Firm to conduct the annual audit of the City's financial statements.
EXPLANATION OF REQUEST: The City had a contract with Nowlen, Holt and Miner, P.A. to
perform the annual audit for the fiscal years ending September 30, 2006, 2007, 2008, 2009
and 2010. Therefore it is necessary to solicit proposals fro auditing services for the fiscal year
ending September 30, 2011 and beyond. The Florida Statutes, Title XIV, Chapter 218.391
requires municipalities to establish an audit committee for the primary purpose of assisting the
governing body in selecting an auditor to conduct the annual financial audit. Upon approval of
Audit Committee, the Finance Department will send out a formal Request for Proposal for a
“Five Year Contract for Financial Auditing Services” to cover the fiscal years ending September
30, 2011, 2012, 2013, 2014 and 2015. The Audit Committee will rank and recommend, in
order of preference, no fewer than three firms deemed to be the most highly qualified to
perform the required scope of services.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The commission had previously
established an Audit Committee on March 7, 2006 consisting of positions and individual staff
names. This committee would continue except for the inclusion of staff names. The staff that
comprised the Audit Committee as approved on March 7, 2006, no longer work for the City and
thus requires the Commission to establish a new Audit Committee. Staff is recommending that
the makeup of this committee be by position title only and not individual names.
FISCAL IMPACT: NONE
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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ALTERNATIVES: Approve an Audit Committee comprised with different staff positions.
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7. A
BIDS AND PURCHASES OVER $100,000
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: (1) Disposition of bid protest appeal (2) Reject the seven
(7) highest bids the City received in response to the Invitation to Bidders
(3) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional
Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also
approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of
$893,200.- (TABLED 8/16/11 & 9/6/11 & 9/20/11 & 10/4/11)
EXPLANATION OF REQUEST: Ten (10) bids were received and opened by Procurement Services
on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department
and the City’s Design Professional for this project, the Wantman Group, Inc. (WGI) for review
and evaluation.
After having performed an initial administrative evaluation of the 10 bids received, the Utilities
Department is recommending, in accordance with the Instruction To Bidders, Section 25
RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids
based on price. The seven (7) bids were received from the following bidders:
Bidders Bid Value
GlobeTec Construction, LLC $890,025.00
Centerline Utilities, Inc.$983,075.00
TLC Diversified, Inc.$1,073,925.00
Cardinal Contractors, Inc.$1,108,512.00
Murray Logan Construction $1,168,000.00
H. A. Contracting, Corp.$1,207,672.00
Lanzo Construction, Co.$1,212,825.00
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria
identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1
through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders
as follows:
Bidders Bid Value
Hinterland Group, Inc.$784,738.00
Wharton-Smith, Inc.$812,000.00
Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and
$65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid
Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty
Engineering, Inc. with a bid value of $877,725.00.
The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for
this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is
$1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below
the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project.
In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders,
the City has received the Bid Evaluation – Due Diligence review documentation and
recommendation of award from the Wantman Group, Inc.
As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group
on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc.
appears to be a “very good contractor”. However during the due diligence review of their
previous experience in performance of similar projects, the Wantman Group learned that the
bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the
full scope construction of a large, deep and technologically advanced regional or sub-master
lift station.
Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation
of the Wantman Group, Inc. recommendation of award package, the Utilities Department
concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith,
Inc. as the lowest, most responsive, responsible bidder who meets all contract document
requirements and whose bid represents the most advantageous bid to the City, price and other
factors considered.
A bid protest appeal has been made and the City Commission must first consider and
act on the appeal.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project’s scope consists of the
construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary
sewer gravity line on SE 6TH Avenue, to collect and to pump the wastewater to the South Central
Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines
constructed in 2010 and 2011.
FISCAL IMPACT:Funds are available as follows:
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Account Number Project Number Allocation
404-5000-590-96-03 SWR114 100%
ALTERNATIVES:None, the Regional Lift Station at Pence Park represents the third and final
component of the Regional Force Main project.
The first component of this project was the Jack and Bore installations under I-95, Woolbright
Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project
component was completed in December 2010.
The second component of this project was the Open Cut installation of over 20,000 linear feet
of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main
pipeline system. This pipeline work stretched from the South Central Regional Wastewater
Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut
Regional Force Main project pipeline component is nearing its Substantial Completion date of
August 9, 2011.
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7. B
BIDS AND PURCHASES OVER $100,000
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Approve changes to the Annual Bid for Landscape
Maintenance, original Bid #054-2730-08/JA, to redistribute maintenance locations and tasks to second
lowest bidders, due to the closing of one of the awarded vendors - TABLED ON 10/4/11
EXPLANATION OF REQUEST: On September 18th, 2008, the City Commission awarded the
Annual Bid for Landscape Maintenance, Bid #054-2730-08/JA for the purpose of providing
landscape maintenance to various City and Park locations. The vendors awarded were First
Genesis Lawn Services, Latona View Lawn, Novo Arbor, Superior Landscaping and Vila & Son
Landscaping. The Bid was awarded for a one (1) year period (October 1, 2008 – September
30, 2009) with the option for three (3) annual renewals. The current renewal period expires on
September 30, 2012. This contract will be advertised for bid in the summer of 2012.
The major maintenance locations and tasks were assigned to Vila & Son Landscaping
Corporation in the amount of $111,537 for FY2011/12 (see attached break down of service
areas and costs). On August 5, 2011, Vila & Son Landscaping Corporation notified the City
(see attached letter) that they had stopped operating as a business.
Staff contacted the second lowest bidder(s) for the locations that were serviced by Vila & Son
Landscaping to determine if they would honor their original pricing. All vendors agreed to honor
their pricing from their bid.
As a result, the maintenance locations need to be redistributed to the second lowest bidder(s)
for the 2011/12 fiscal year. The distribution of services and costs are as follows:
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
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Superior Landscaping $ 329,473
First Genesis Lawn Service Inc. 70,548
Latona View Lawn Care Inc 11,246
Novo Arbor 24,390
TOTAL $435,657
The projected FY2011/12 budget for landscape maintenance is $498,526. Redistributing the
service along with maintenance reductions that were planned will still allow the Forestry &
Grounds Division to meet the projected budget. Maintenance reductions include cutting
service frequencies (from 44 mowings per year to 37), elimination of pesticide to general
areas, elimination of annual mulching and elimination of palm pruning.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Only affect will be different vendors
providing service.
FISCAL IMPACT: Projected FY2011/12 budget for landscape maintenance is $498,526 in
account number 001-2730-572-46-98. No increase is needed as maintenance services were
eliminated as indicated above. Additional expenditures are budgeted in the same account for
the Quantum Maintenance Agreement pending Commission approval.
ALTERNATIVES: Continue with emergency services until new Bid can be awarded.
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9. A
PUBLIC HEARING
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: OCTOBER 18, 2011
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11-026 - SECOND
READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and
Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael
Campbell
EXPLANATION OF REQUEST:This request applies to the currently undeveloped 1.02 acre parcel,
located at SW 6th Avenue and SW 1st Street. Originally the eastern portion of the First
Presbyterian Church property, it was purchased by Habitat for Humanity of South Palm Beach
in 2010. Habitat will transfer the property to its Community Land Trust to establish a six-lot
single-family subdivision, with five lots to be platted for single-family homes and one
designated for green open space.
The proposed land use classification of Moderate Density Residential (MoDR) allows for
slightly higher maximum density (7.5 dwelling units per acre) than the maximum of 5 units
allowed in the Low Density Residential classification prevailing in the surrounding single-family
neighborhoods. However, the subject request is not motivated by Habitat’s need for a higher
density. Rather, the MoDR classification corresponds with the R-1 zoning designation, which
accommodates the targeted lot size the applicant requires for the proposed project. The
resulting overall density for the project would be only 4.9 units per acre. A request for rezoning
the property to R-1 is being processed concurrently.
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on September 27, 2011 and forwards it with the recommendation of
approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?N/A
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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FISCAL IMPACT
Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated
$560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate
$4,144. Other annual revenues would include water, stormwater and sewer fees, at $691,
refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual
revenue of $5,091.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
ALTERNATIVES: Deny subject request, and maintain the land classified as PPGI.
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9. B
PUBLIC HEARING
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: OCTOBER 18, 2011
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11-027 -SECOND
READING -Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-
family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell
EXPLANATION OF REQUEST: This is a rezoning request that accompanies the request for a land
use amendment by Habitat for Humanity of South Palm Beach for the currently undeveloped
1.02 acre parcel, located at SW 6th Street and SW 1st Avenue. Originally an eastern portion of
the First Presbyterian Church property, it was purchased by Habitat in 2010. Habitat will
transfer the property to its Community Land Trust to establish a six-lot single-family
subdivision, with five lots to be platted for single-family homes and one designated for green
open space.
The request is to rezone the subject parcel to an R-1 zoning designation from its current
designation of R-1-A, as the district prevailing throughout the surrounding single-family
neighborhoods. The requested designation accommodates the targeted lot size the applicant
requires for the proposed project.
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on September 27, 2011 and forwards it with the recommendation of
approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT:
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated
$560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate
$4,144. Other annual revenues would include water, stormwater and sewer fees, at $691,
refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual
revenue of $5,091.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
ALTERNATIVES: Deny subject request, and maintain existing R-1-A zoning on the property.
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11. A
UNFINISHED BUSINESS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Accept the Draft City of Boynton Beach Economic
Development Program.
EXPLANATION OF REQUEST: Pursuant to a discussion at its meeting of June 7, 2011, the City
Commission requested that staff provide information to create a plan for economic growth in the city.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Adoption of the Draft Economic
Development Program will set in motion a series of cumulative steps leading to the
identification of specific target industries for the City; the establishment of a marketing budget
to coincide with the Branding efforts; initiation of a staff Economic Development Team to begin
implementation; and the hiring of an Economic Development Professional to implement the
City’s Economic Development Program.
FISCAL IMPACT: The Draft Economic Development Program has a number of
recommendations that require funding and will be tailored to meet the Commission’s priorities
for expenditure of the $100,000 budget approved in September, 2011.
ALTERNATIVES: Do not accept the Draft Economic Development Program.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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11. B
UNFINISHED BUSINESS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Discussion of the City's Branding Initiative and future
development.
Authorize the utilization of up to $10,000 of Economic Development Incentive funding for professional
marketing services to faciliate completion of the brand development process.
EXPLANATION OF REQUEST: With city revenues declining, small businesses closing and
consumer spending waning, cities across the nation have begun to strategically reposition their
approach to economic development. Many cities are using Branding as a way to unite the
community around a new competitive identity and to communicate their fresh approach to the
outside world.
The Palm Beach County Convention & Visitors Bureau (PBC CVB) recently completed its own
Brand Assessment Process to establish a new Promise for the destination. This Promise is
now being used as the foundation of the organization’s ongoing and future marketing plans.
A brand is not something that can be purchased or even created from scratch; rather it is
crafted over time through a deliberate, strategic process and understanding of what the
community is where it came from and what it wants to be.It begins with the development of a
Brand Promise which delivers an experience and guides an organization in everything it does.
The primary purpose of a Brand Promise is to clearly communicate what the brand stands for
to every stakeholder including residents, businesses, visitors and employees and becomes the
cornerstone for all strategic planning, actions and future decision making.
The Brand Promise should be based on the assets and strengths of the city, its history and
culture, the objectives of the broader economic development strategy and the collective vision
and goals of residents, businesses and other community stakeholders.
When a city is able to differentiate itself, build upon and showcase its local assets and present
a unified front, businesses and consumers are more likely to be attracted to and invest in the
community.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
AGENDA ITEM
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
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At the October 5, 2010 City Commission meeting, the Arts Commission presented its Visioning
Plan which made reference to the need for development of the city’s brand. The Commission
then asked staff to evaluate the city’s image and tagline and bring back a recommendation.
A Branding Committee including city staff, and representatives from the Chamber of
Commerce and the CRA was formed to supervise a city-wide “re-branding” campaign.Its goal
is to:
Position the town as a desirable, year round destination.
Increase the number of visits to the area.
Positively impact Boynton Beach’s business partnerships, merchandizing,
organizations, events, culture, and education, all while generating a ‘buzz”.
The first step to creating a Brand Promise (according to BrandStrategy Inc. – the consultant
that put together the campaign for the PBC CVB) is the Brand Assessment. BrandStrategy,
Inc. has broken the branding process into four phases to success*:
Brand Assessment
Brand Promise
Brand Blueprint
Brand Culturalization
The Branding Committee began the Assessment process with a review of our current brand,
logos and tagline and researched all collateral documents created through workshops and
vision planning in the City. These documents included:
Boynton Beach 20/20 Redevelopment Master Plan (Sept. 1998)
Heart of Boynton Community Redevelopment Plan (Nov. 2001)
Boynton Beach Assembly: Committing to Our Future (Oct. 2006)
City of Boynton Beach Downtown Vision & Master Plan (Jan. 2009)
City of Boynton Beach Climate Action Plan (July 2010)
Art in Public Places Visioning Plan Executive Summary (Aug. 2010)
Through the research of these existing documents, an Executive Summary was created
capturing key elements related to Boynton Beach’s identity. (Exhibit A)
Next, a branding survey based on an analysis of existing Best Practices was created and
published in February 2011 on the websites of the Palm Beach Post, CRA, City of Boynton
Beach, Boynton Beach Chamber of Commerce and Palm Beach County. Hard copies of the
survey were also made available at Boynton Beach City Hall and the Boynton Beach Library
(Exhibit B). From this survey the committee was able to identify both the tangible and
intangible attributes of the city. The current tagline “Gateway to the Gulf Stream” was also
evaluated in this process.
In order to solidify the conceptual nature of the city’s attributes, the committee solicited quotes
from several marketing/branding companies and chose Sack Lunch to assist with the creation
of visual representations of the City’s four key conceptual attributes (as identified by the staff
research and completed Surveys). The key attributes are now identified as the Marina District,
Green Living, Dining & Shopping and Arts & Culture (Exhibit C). Initially Arts & Culture was
presented as Arts & History but was changed by suggestion to better represent the diversity of
our Community.
From April 2011 through September 2011 members of the Branding Committee presented
these four key conceptual attributes to several stakeholders throughout the city including the
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Greater Boynton Beach Chamber of Commerce Board of Directors, as well as the Chamber
membership during the August 2011 Chamber luncheon. Presentations were also made to the
Greater Boynton Beach Foundation Board, the Arts Commission, the PBC Convention and
Visitors Bureau and the PBC Business Development Board for comments and feedback.
The “Gateway to the Gulfstream” tagline was well received. Boynton Beach is the closest
point in the United States to the Atlantic Gulf Stream which affords our community good
weather, marine and water related activities and provides a strong metaphor evoking images
of the tropics and a connection with the natural energy of the ocean environment. It also lends
itself to being the “Gateway” to our four key attributes. Anyone who Googles “Gateway to the
Gulfstream” will find the first five (5) pages referencing Boynton Beach, FL. The four key
attributes were also endorsed by the stakeholders as encompassing the best that Boynton
Beach has to offer.
Recently, the Palm Beach County CVB selected the City of Boynton Beach as their “Beta
Location” for its soon-to-be launched campaign. The national/internationally distributed
campaign, which focuses on the many unique municipalities within Palm Beach County, was
unveiled featuring the newly created “Breeze into Boynton” icon. Thanks to this community-
focused cooperative campaign, we are now better able to cost effectively increase the reach of
marketing initiatives.
The next step in the on-going process is to create a Brand Promise.
A Brand Promise is not the advertising message, vision or mission statement, but
rather the essence (heart, soul and spirit) of the benefits (functional and emotional) that
residents, businesses and guests receive when experiencing Boynton Beach. The
Promise is our community’s internal commitment for the kind of positive experiences
we want our visitors and stakeholders to enjoy, thereby creating enormous competitive
advantages.
The City’s Brand Promise development begins with the establishment of the Boynton Beach
Brand Promise Committee. This committee will be comprised of those who can “…make
decisions on behalf of their constituencies and working together as a unit for the benefit of the
community.”*
We thank the initial Branding Committee for successfully bringing the brand process to this
point…they conducted the research and initial assessment. Now it is time for the City staff to
pass the baton to the Boynton Beach Brand Promise Committee (BBBPC) and let these
community leaders, using the tools developed by the initial Branding Committee, develop our
community’s Brand Promise.
The BBBPC will consist of members of the organizations that represent our Community,
including the Heart of Boynton, COWBRA, the Realtors Association, PB County Business
Development Board, Bethesda, Boynton Mall, Chamber of Commerce, the CRA, the Marine
Industries in the Boynton Area, PBC Commissioner Shelly Vanna’s office, and a member of
the City Commission as well as several Boynton Advisory Boards. It is our recommendation
that the committee would work with the assistance of a third party facilitator and a staff liaison,
as was the case with the PBC CVB and our Boynton Beach Climate Action Plan.
Once the new Brand Promise has been approved by the City Commission, the Brand Blueprint
(a written action plan) will be created for the brand communication. This includes “developing
the brand’s name, graphic representation, byline, tag line, brand story and messages. It will
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ensure that all brand messages are consistent with what the brand stands for and the desired
perceptions.”*
And finally, Brand Culturalization takes place, “integrating the Promise doctrine into every
aspect of the community and encouraging businesses and organizations in Boynton Beach to
utilize the Brand for a cohesive image of our Community’s promise of experience.”*
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A distinctive, compelling brand will
capitalize on our uniqueness, diversity and showcase the city’s eclectic energy. Partnering
with the PBC CVB, the BDB and other stakeholders, we can cost-effectively create a cohesive,
attractive image for the City that will enhance economic development and build Boynton
Beach’s awareness in key local, national and international markets. Our Community’s
businesses, residents and other interested parties will also be invited to incorporate elements
of the Promise into their existing promotional plans and collateral. This collective image and its
integration will help to influence the decision of businesses and individuals to live, invest or
visit in Boynton Beach.
FISCAL IMPACT:To date, the city has spent $2,300 to Sack Lunch Marketing to create visual
representations of Boynton Beach’s four key attributes, helping stakeholders to conceptualize
how the attributes can be represented and tied into a brand image. Going forward, staff is
requesting the City Commission to authorize the utilization of up to $10,000 of Economic
Development Incentive funding for professional marketing services to facilitate completion of the brand
development process successfully completed by the CVB. Artwork for the brand graphic
representation would need to be contracted separately.
ALTERNATIVES:
1.Not to go forward with the proposed branding process as an integral piece of the
Economic Development Plan and direct staff to create an alternative branding process.
2.Discontinue the branding process.
Attachments:
Exhibit A: Executive Summary regarding Boynton Beach’s identity
Exhibit B: Initial Branding Survey
Exhibit C: Four Key Conceptual Attributes
* Note: Information borrowed from Destination BrandScience, by BrandStrategy, Inc.
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11. C
UNFINISHED BUSINESS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Review the Florida Atlantic University (FAU) Consultant
Report on redistricting alternatives for City Commission Districts within the City of Boynton Beach,
Florida and direct staff to prepare a redistricting ordinance from one of the alternative district
configurations for the November 1, 2011 City Commission meeting.
EXPLANATION OF REQUEST: This report from Florida Atlantic University’s Department of
Geosciences (attached) transmits several alternative considerations for revised Commission
Districts for the City of Boynton Beach, Florida. All of the alternative district configurations
presented for consideration meet required criteria as stipulated in the City Charter: “The
election districts shall be of equal population, compact, proportional and logically related to the
natural internal boundaries of the neighborhoods within the city. The principal of non-
discrimination and one man/one vote shall be adhered to strictly”.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT:None
ALTERNATIVES: Reject report and resume study of district boundaries.
Attachments:
□Boynton Beach Redistricting Alternatives Report
□Redistricting Existing Map
□Redistricting Alternative A Map
□Redistricting Alternative B Map
□Redistricting Alternative C Map
□Redistricting Alternative D Map
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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12. A
NEW BUSINESS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Discuss cancellation of the December 20th, 2011, City
Commission meeting in observance of the Jewish celebration of Hanukkah
EXPLANATION OF REQUEST: City Commission meetings are held on the 1st and 3rd Tuesday of
each month throughout the year. The December meetings would be held on December 6th
and December 20th, 2011. The Jewish holiday, Hanukkah, begins at sundown on December
20, 2011 through December 28, 2011.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City Commission will have only one
meeting in the month of December
FISCAL IMPACT:
ALTERNATIVES: 1) Reschedule the meeting
2) Proceed with the meeting as scheduled
3) Cancel the meeting
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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12. B
NEW BUSINESS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Appoint a five-member committee to review the
recommendation by the City Manager to rename Veterans' Bicentennial Park to Veterans' Memorial
Park.
EXPLANATION OF REQUEST: On September 14, 2011, the Veterans’ Advisory Commission voted
unanimously to recommend renaming the current Veterans’ Bicentennial Park to Veterans’
Memorial Park. The Recreation & Parks Board had previously requested the Veterans’
Advisory Commission to review this matter and make recommendations as appropriate.
The City Manager’s designee has reviewed the criteria per Ordinance No. 06-078 (see
attached) and has determined that the request adheres to criteria #3: A person or place of
historical or cultural significance; and criteria #4: A person group or feature particularly
identified with the land or facility; and criteria #5: Commitment for monetary sponsorship.
The Veteran’s Bicentennial Park is the home to numerous war memorial monuments, many of
which have been purchased and placed by the Veterans’ Advisory Commission. Therefore the
City Manager recommends the name change to the City Commission. Per Ordinance No. 06-
078, the City Commission appoints a five-member committee to review the recommendation
and the committee will forward their recommendation back to the Commission for final
approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? All future identification of parks will need
to be changed to the names approved by the City Commission.
FISCAL IMPACT: New signage will need to be placed at the newly renamed park. Anticipate
cost not to exceed $1,000.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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ALTERNATIVES: Do not appoint a review committee and not re-name the park.
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13. A
LEGAL
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11-028 - SECOND
READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109,
Laws of Florida, which preempts firearm laws and regulation to the State.
EXPLANATION OF REQUEST: The City Attorney’s Office recommends amending and
repealing sections of the City’s Code of Ordinances to eliminate any reference to firearms and
ammunition.
Effective October 1, 2011, Florida law was amended to provide that the entire field of
the regulation of firearms and ammunition is preempted to the state, specifically to the
exclusion of any city or county ordinances, regulations or rules. As of the effective date, all
local ordinances, rules, and regulations pertaining to firearms and ammunition were null and
void as a matter or law. Our office recommends repealing these provisions to prevent
inadvertent citation to or enforcement of these void laws.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The regulation of ammunition or firearms
is preempted to the state. All local laws and regulations are void as a matter of law. The
regulation of firearms must be accomplished through the enforcement of state law.
FISCAL IMPACT: N/A
ALTERNATIVES: Failure to adopt this ordinance will mean that inadvertent citation to or
enforcement of invalid local firearms regulations may occur. Enforcement of the invalid local
laws may result in a fine of up to $5,000 against the violating party; loss of employment, or
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
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ADMINISTRATIVE NEW BUSINESS
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removal from office of the violating party; and will subject the city to liability for actual damages,
incurred by the party challenging enforcement, of up to $100,000.
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13. B
LEGAL
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11-029 - SECOND
READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance.
EXPLANATION OF REQUEST: At the July 19, 2011 City Commission meeting the City Commission
directed the City Attorney to revise the City’s Lobbyist Registration Ordinance. The attached Ordinance
incorporates changes to the definition of Lobbying and Lobbyist to conform to Palm Beach County
definitions. Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance will be
forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to
investigate (at their respective discretion) and determine if any violation of the County ethics or
procurement standards have occurred. The Ordinance retains but simplifies language regarding the
Cone of Silence.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is limited administrative oversight
required; City Clerk will maintain a registered lobbyist list in the same manner as is currently occurring.
FISCAL IMPACT:Following referral of a complaint to the Commission on Ethics or Office of Inspector
General the City should not anticipate any cost other than the City’s annual proportionate share. The
City is obligated to pay the Palm Beach County Inspector General $91,379 for the 2011-2012 fiscal
year. The City will be billed in October for June through September 2011 in the amount of $28,126.
ALTERNATIVES:1.Continue with the current Lobbyist Registration Ordinance without modification.
2.Modify the current Lobbyist Registration Ordinance to a different degree.
3. Provide no provisions for City regulations of Lobbyist and rely on countywide
ethical regulations and Office of Inspector General oversight of procurement
activity.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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14. A
FUTURE AGENDA ITEMS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Request to consider amendment to City Code regarding
temporary banners to allow "feather" banners. 11/01/11
EXPLANATION OF REQUEST: The City Commission previously reviewed this item on July 5th,
and acted to support the modification of the City's sign regulations to allow "feather-style"
banners in addition to the static banner that is currently allowed by the LDR for temporary
display purposes. The Commission directed staff to return with an ordinance containing the
corresponding amendments to accommodate said temporary signs, including provisions or
standards that address maximum size and the anticipated locational and quantity issues. Staff
is also to prepare to implement administrative processes that resolve the anticipated
processing and monitoring challenges. Staff currently plans to place this item on the
Commission's November 1st agenda.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: An increase in demand for zoning permits is anticipated but the magnitude of
increase is difficult to estimate.
ALTERNATIVES: Approve code amendments ultimately to be presented by staff or modify as
necessary.
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
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ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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14. B
FUTURE AGENDA ITEMS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Revisions to restrictions for vehicle size in residential
districts - 11/01/11
EXPLANATION OF REQUEST: Development staff will provide draft ordinance revisions for
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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14. C
FUTURE AGENDA ITEMS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: CIP Utility Fund Report. 11/01/11
EXPLANATION OF REQUEST: At the October 4, 2011 City Commission meeting, staff was
directed to bring back to Commission a report on the Utilities CIP Fund Balance. This report
will be on the November 1st meeting.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
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14. D
FUTURE AGENDA ITEMS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Review three (3) alternate proposals for leasing,
construction and maintenance of a billboard on property owned by the City. 11/15/11
EXPLANATION OF REQUEST: Pursuant to the Settlement Agreement dated October 5, 2001,
Wilton Manors Street Systems, Inc. will be presenting three (3) alternate proposals to the City
in regards to the leasing, construction and maintenance of a billboard they want to erect on the
City owned property known as Rolling Green located at 515 NW 15th Ave., Boynton Beach, FL.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
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14. E
FUTURE AGENDA ITEMS
October 18, 2011
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: October 18, 2011
REQUESTED ACTION BY CITY COMMISSION: Review process and timeline for the sale of City owned
real property - three sites. 11/15/11
EXPLANATION OF REQUEST: At the October 4, 2011 City Commission meeting the City
Commission directed staff to list three parcels of city owned land for sale: High Ridge Site, Fire
Station #2 site and Leisureville site.
Staff will prepare a process timeline and cost estimate of the process and present to the
Commission at the November 15, 2011 Commission meeting.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
OPENINGS PUBLIC HEARING
OTHER CITY MANAGER’S REPORT
ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS
ADMINISTRATIVE NEW BUSINESS
CONSENT AGENDA LEGAL
BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS
NATURE OF
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SETTLEMENTS