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Agenda 01-18-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JANUARY 18, 2011 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 387 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Iman C. B. Hanif 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. Allow presentation of Legislative Update by Senator Chris Smith, District # 29. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation of Glenn Jergensen, a regular member of the Financial Advisory Committee B. Accept the resignation of Victoria Castello, a regular member of the Financial Advisory Committee C. Accept the resignation of Richard Kurtz, a regular member of the Building Board of Adjustment and Appeals D. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 3 of 387 A. Approve the Minutes from the City Commission meeting held on January 4, 2011 and the Special City Commission Minutes from September 27, 2010 PROPOSED RESOLUTION NO. R11-003 B. - Approving and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of TABLED ON 01/04/11 Boynton Beach. PROPOSED RESOLUTION NO. R11-005 C. - Approval of an Interlocal Agreement between Palm Beach County, the City of Boynton Beach, the City of Delray Beach and the City of Boca Raton for the use of specific components of the 800 MHz radio TABLED ON 01/04/11 communications system shared and used by the signatories. PROPOSED RESOLUTION NO. R11-015 D. - Approve the Willis Retirement Services (SageView Advisory Group) Consulting Program & Agreement to provide a complimentary review of the current plan cost and investments offered in the ICMA and Nationwide 457b platforms for employee retirement savings plans at no cost to the City of Boynton Beach. PROPOSED RESOLUTION NO. 11-016 E. - Authorize the publication of a Notice of the General Election to be held on March 8, 2011, requesting the Palm Beach County Supervisor of Elections to conduct the election and delegating certain duties to the Supervisor of Elections PROPOSED RESOLUTION R11-017 F. - Approval of a second amendment to the interlocal agreement between Palm Beach County and the City of Boynton Beach for the use of T-1 telephone/data lines on Palm Beach County's digital microwave system. G. Accept the written report to the Commission for purchases over $10,000 for the months of November and December 2010 H. Review and accept the Budget Status Report of the General Fund and the Utility Fund for the three month period ended December 31, 2010. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R11-018 A. - Award Contract for “BOYNTON BEACH CHILDREN'S MUSEUM RENOVATION” Bid # 009-2413-11/CJD to ATLANTIC ICON CORPORATION of Hollywood, Florida, the lowest, most responsive, responsible bidder who met all specifications in the amount of $332,745.57 plus alternate #2 $61,305.00, total $394,050.57 with an additional 20% contingency of $78,810.11 for a total expenditure of: $472,860.68. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $10,000 in Kenel Derilus v. City of Boynton Beach B. Approve negotiated settlement of $10,000 in Odinel Louis v. City of Boynton Beach. 4 of 387 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 Loc al Planning Agency and City Commission. A. Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on-premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company 10. CITY MANAGER’S REPORT A. Review and accept staff report on canal maintenance activities for calendar year 2010; and provide any further recommendation on continuing maintenance or other canal activities. 11. UNFINISHED BUSINESS A. Consider staff review of, and alternatives to program recommendations by Ad hoc Committee for Historic Preservation B. Further discussion regarding process/timeline for Independent CRA Board appointments 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE 11-001 - SECOND READING A. . Approve the abandonment of a Utility Easement for The Peninsula at Boynton Beach project at 2660 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. B. Discussion on creation of Charter Review Committee to review the City Charter to make recommendations to the City Commission as to whether a provision should be changed, remain the same, be deleted, or new provisions added. 14. FUTURE AGENDA ITEMS A. Consider recommendation of Advisory Committee for renaming of Jaycee Park - 02/01/11 B. Appoint members to 7-member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 02/01/11 C. Amendment to Police Officers' Pension Trust Fund - 02/01/11 D. Contract award for construction of Congress Avenue Barrier Free Park - 02/01/11 5 of 387 E. Interlocal Agreement with the Town of Hypoluxo for Fire and Rescue Services - 02/15/11 F. Discussion of local transportation options - 03/01/11 G. Police Complex - Discussion of project timing, scope, location and funding alternatives available (TBA) H. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) I. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) J. Geographic boundaries for City of Boynton Beach voting districts - (TBD) K. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 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. 6 of 387 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Allow presentation of Legislative Update by Senator Chris EQUESTED CTION BY ITY OMMISSION Smith, District # 29. ER: Senator Chris Smith requested to be placed on the agenda to give XPLANATION OF EQUEST a legislative update to the Boynton Beach City Commission and citizens of Boynton Beach. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow presentation. LTERNATIVES 7 of 387 8 of 387 9 of 387 10 of 387 11 of 387 5. A ADMINISTRATIVE January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: JANUARY 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Glenn Jergensen, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: Mr. Jergensen submitted a letter of resignation stating his reason XPLANATION OF EQUEST for the request. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position as a result of this resignation. FI: None ISCAL MPACT A: None LTERNATIVES 12 of 387 13 of 387 5. B ADMINISTRATIVE January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: JANUARY 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Victoria Castello, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: Ms. Castello submitted an e-mail of resignation stating her reasons XPLANATION OF EQUEST for the request. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position as a result of this resignation. FI: None ISCAL MPACT A: None LTERNATIVES 14 of 387 15 of 387 5. C ADMINISTRATIVE January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: JANUARY 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Richard Kurtz, a regular member EQUESTED CTION BY ITY OMMISSION of the Building Board of Adjustment and Appeals ER: Richard Kurtz has submitted an email resignation stating his XPLANATION OF EQUEST reason for the request. H? The Building Board of Adjustment and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Appeals will have a vacant position as a result of this resignation. FI: None ISCAL MPACT A: None LTERNATIVES 16 of 387 17 of 387 5. D ADMINISTRATIVE January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS 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 18 of 387 19 of 387 20 of 387 21 of 387 6. A CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on January 4, 2011 and the Special City Commission Minutes from September 27, 2010 The City Commission met on January 4, 2011 in a regular meeting and on September 27, 2010 in a special meeting and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 22 of 387 23 of 387 24 of 387 25 of 387 26 of 387 27 of 387 28 of 387 29 of 387 30 of 387 31 of 387 32 of 387 33 of 387 34 of 387 35 of 387 36 of 387 37 of 387 38 of 387 39 of 387 40 of 387 41 of 387 42 of 387 43 of 387 6. B CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-003 - Approving EQUESTED CTION BY ITY OMMISSION and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. TABLED ON 01/04/11 ER: In 2009, the Supervisor of Elections advised that she would no longer XPLANATION OF EQUEST participate in the municipal election process since this was not a requirement under Florida State Statute. She returned the responsibility to the Municipal Clerks. After numerous meetings of an ad hoc committee consisting of the Palm Beach County League of Cities, representatives of municipalities, attorneys and the Palm Beach County Supervisor of Elections, the Supervisor of Elections put together a list of services her office would provide along with associated costs. An Interlocal agreement was developed that spells out all of the duties, responsibilities and fees associated with hosting municipal elections. The Supervisor is willing to provide those services spelled out in the agreement even though State law may not require her to do so. H? Continued cooperation with the Supervisor of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Elections Office will assure smooth election cycles now and in the future. FI: The fiscal impact to the City is minimal for the March 2011 election. In March 2010, ISCAL MPACT when we had a City-wide election, the cost for services rendered by the SOE was $13,879.25. It is anticipated the cost for services rendered will be less than half that amount due to the fact this election will be in only two districts of the City. Anticipated costs are budgeted under line item 001-1310-512-49- 15 in the FY2011 Budget. A: If this agreement is not approved, we would have to conduct our own election and we LTERNATIVES are not prepared to do that without assistance from the Supervisor of Elections. 44 of 387 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO PROVIDE FOR A MUNICIPAL ELECTION AND TO ALLOCATE CERTAIN RESPONSIBILITIES BETWEEN THE PARTIES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; DESIGNATING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND ONE PALM BEACH COUNTY COMMISSIONER TO ACT AS THE CITY’S CANVASSING BOARD AND CANVAS ALL CITY ABSENTEE BALLOTS FOR THE MARCH 8, 2011, GENERAL ELECTION, AND IF IT BECOMES NECESSARY, A RUN-OFF ELECTION, WHICH WILL BE HELD ON MARCH 22, 2011, AND CERTIFY ELECTION RESULTS; AUTHORIZING THE CITY CLERK TO NOTIFY THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS OF HER APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, March 8, 2011, as the date for the next General Election, and if it becomes necessary, a run-off election which will be held on March 22, 2011; and WHEREAS, the City and the Supervisor of Elections desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS , the Supervisor of Elections and the City wish to enter into this Agreement to set out the terms of this coordinated program; and WHEREAS, the City Commission of the City of Boynton Beach desires to designate and appoint the Palm Beach County Supervisor of Elections and one Palm Beach County Commissioner to act as the City’s Canvassing Board to handle and canvas all city absentee ballots, certify election results, at all logic and accuracy tests to be held prior to the March 8, 2011, General Election and if it becomes necessary, a run-off election which will be held on March 22, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 45 of 387 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 hereby approves the Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of Elections and authorizes the Mayor and the City Clerk to execute said Agreement, a copy of which is attached hereto as Exhibit “A” Section 3. The City Commission of the City of Boynton Beach, Florida does hereby designate and appoint the Palm Beach County Supervisor of Elections and one Palm Beach County Commissioner to act as the City’s Canvassing Board and canvas all city absentee ballots for the March 8, 2011, General Election, and if becomes necessary a run-off election which will be held on March 22, 2011, at all logic and accuracy tests, and certify election results. Section 4. The City Commission hereby authorizes the City Clerk to notify the Palm Beach County Supervisor of Elections of her and one Palm Beach County Commissioner’s appointment to act as the City’s Canvassing Board and canvas all city absentee ballots and at all logic and accuracy tests to be held prior to the election. Section 5. That this Resolution shall become effective immediately upon passage. 46 of 387 PASSED AND ADOPTED this _____ day of _____________________, 2011. 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) 47 of 387 48 of 387 49 of 387 50 of 387 51 of 387 52 of 387 53 of 387 54 of 387 55 of 387 56 of 387 57 of 387 58 of 387 59 of 387 6. C CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-005 - Approval of EQUESTED CTION BY ITY OMMISSION an Interlocal Agreement between Palm Beach County, the City of Boynton Beach, the City of Delray Beach and the City of Boca Raton for the use of specific components of the 800 MHz radio communications system shared and used by the signatories. TABLED ON 01/04/11 ER: Palm Beach County, Boynton Beach, Delray Beach and Boca XPLANATION OF EQUEST Raton comprise the South Palm Beach County Public Safety Communication Cooperative pursuant to an interlocal agreement originally signed in 1999 when the interoperable radio system was installed. The system provides radio communications for each city and the county through the use of shared components such as cables, radio towers and microwave installations. This arrangement facilitates county wide (and beyond) coverage for our radio equipment and the ability to talk with the other public safety agencies in times of disaster and joint operations. A key piece of equipment is the SmartZone TM Controller that operates the system through the manipulation of trunked signals through the various radio towers and the Digital Microwave Communications System. Pursuant to the agreement, the county will maintain the common components, SmartZone Controller and the Digital Microwave system in order to keep the system functional. The cities will pay a proportionate share of the maintenance costs which have been calculated at $62,500.00 per year/per city. The cities pay only a portion of that amount based on the number of talk groups operated. The remainder is paid through 911 fees received by the county. Our yearly contribution for component maintenance is $24,375.00. The agreement also provides procedures and regulations regarding the use of common area talk groups. 60 of 387 H? Interoperability of the radio system OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES between the three municipal and the county public safety agencies is crucial in cases of mutual aid or combined response to an incident of regional significance. FI: Budget line item 001-1810-519.4620 Equipment Maintenance holds the ISCAL MPACT necessary funds required by the interlocal agreement. A: No alternatives are available other than acquiring another radio LTERNATIVES communications system. 61 of 387 RESOLUTION NO. R11-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY AND THE CITIES OF BOCA RATON AND DELRAY BEACH FOR THE USE OF SPECIFIC COMPONENTS OF THE 800 MHZ RADIO COMMUNICATION SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County, Boynton Beach, Delray Beach and Boca Raton comprise the South Palm Beach County Public Safety Communication Cooperative pursuant to an Interlocal Agreement originally signed in 2999 when the interoperable radio system was installed; and WHEREAS , the system provides radio communications for each city and the county through the use of shared components such as cables; radio towers and microwave installations; and WHEREAS, this arrangement enables county wide coverage for the radio equipment and the ability to talk with other public safety agencies in times of disaster and joint operations; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach, Palm Beach County and the Cities of Boca Raton and Delray Beach for the use of specific components of the 800 MHz radio communications system. 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 does hereby approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach, Palm Beach County and the Cities of Boca Raton and Delray Beach for the use of 62 of 387 specific components of the 800 MHz radio communications system, a copy of said Interlocal Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2011. 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) 63 of 387 64 of 387 65 of 387 66 of 387 67 of 387 68 of 387 69 of 387 70 of 387 71 of 387 72 of 387 73 of 387 74 of 387 75 of 387 76 of 387 77 of 387 78 of 387 79 of 387 80 of 387 81 of 387 82 of 387 83 of 387 84 of 387 85 of 387 86 of 387 6. D CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-015 - Approve the EQUESTED CTION BY ITY OMMISSION Willis Retirement Services (SageView Advisory Group) Consulting Program & Agreement to provide a complimentary review of the current plan cost and investments offered in the ICMA and Nationwide 457b platforms for employee retirement savings plans at no cost to the City of Boynton Beach. ER: Willis Retirement Services (SageView Advisory Group) is XPLANATION OF EQUEST proposing to examine the City plans and provide feedback on the investments offered to employees as well as the fees charged to participants and the City. They will provide a report with recommendations for any potential opportunity to reduce those fees or improve the quality of the investments offered in the plan. The Agreement contains two provisions not favored by the City Attorney or the Risk Manager; the hold harmless (indemnification) clause under "Limitation of Liability" and the Arbitration clause. With respect to the indemnification clause, prior to 2005 it was generally accepted that a City could not agreement to indemnify a third party. However, in 2005 a Florida Supreme Court held (as to municipalities) otherwise and noted that: In contrast to limitations on the State, “that municipality may exercise any power for a municipal purpose “except when expressly prohibited by law.” See, e.g., City of Ocala v. Nye, 608 So.2d 15, 16-17 & n. 3 (Fla.1992); City of Boca Raton v. Gidman, 440 So.2d 1277, 1280 (Fla.1983); see also Hargrove v. Town of Cocoa Beach, 96 So.2d 130, 133 (Fla.1957) (noting that “[t]he modern city is in substantial measure a large business institution”).FN4 In executing contracts, municipalities are presumed to be acting within the broad scope of their authority.” (American Home Assurance Company v. National Railroad Passenger Corporation, 908 So.2d 459, Fla. 2005. 87 of 387 Notwithstanding that authority, contractual indemnification opens the City to potentially broad and unfunded liability. Hence, it is the position of the City Attorney and the Risk Manager that the City only agree to indemnification clauses in very limited circumstances. As to the Arbitration Clause, the SEC arbitration option offers no less an involved or costly alternative to a local court proceeding. That being said, the fact that the scope of services is so narrow and that they are being provided at no cost significantly diminish the likelihood of dispute. H? There is no impact to City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. This review will provide an analysis of the City and participant plan cost and provide recommendations in the best interest of the City and employees. The review may provide an opportunity to reduce the plan costs to the City and the City employees and/or improve the investments offered within the plans. FI: There is no fiscal impact since this is a complimentary review. ISCAL MPACT A: Do not approve review of the City’s plans. LTERNATIVES 88 of 387 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAGEVIEW ADVISORY GROUP, INC., TO PERFORM A NO-COST CONSULTING PROGRAM TO REVIEW THE 457B PLATFORMS OF NATIONWIDE AND ICMA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Willis Retirement Services (SageView Advisory Group) is proposing to review, at no cost to the City, the City’s 457b plans and provide feedback on investments offered to employees as well as the fees charged to participants and the City; 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 enter into a no-cost Agreement with SageView Advisory Group, Inc., to perform a complimentary review of the current plan costs and investments offered in the ICMA and Nationwide 457b platforms for employee retirement savings plans. 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 hereby approves and authorizes the City Manager to enter into a no-cost Agreement with SageView Advisory Group, Inc., to perform a complimentary review of the current plan costs and investments offered in the ICMA and Nationwide 457b platforms for employee retirement savings plans, a copy of the Agreement is attached hereto as “Exhibit A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross 89 of 387 ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 90 of 387 SageView Advisory Group, Inc. Consulting Program & Agreement ` ``````` This agreement (“Agreement”) is entered into this ________ day of _______ 2010, by and between SageView Advisory Group, Inc., (“SageView”), having its principal offices at 2010 Main Street, Suite 1220, Irvine, CA 92614, (hereinafter the “Consultant”) and The City of Boynton Beach, having its principal offices at 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 (hereinafter the “Client”) . SCOPE OF SERVICES  Review the 457b platforms of Nationwide & ICMA.  Evaluate the investments offered under each provider  Review plan costs associated with each provider PROFESSIONAL FEES a.SageView will perform these services at no cost to the City of Boynton Beach or the Plan. EXPENSES SageView shall bear the cost of all expenses associated with fulfilling its obligations hereunder. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall become effective upon execution and terminate after 6 months or upon completion of the project. This agreement may be cancelled by either party with 30 days written notice. BOOKS AND RECORDS Client is entitled to copies of reports and/or documents relating to its account. However, SageView will not retain files (other than contracts) for more than five years. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements executed and to be performed entirely within Florida, without regard to its conflicts of law provisions. While performing services on site, SageView, and all of its employees, agree to abide by and comply with Client’s safety and security policies, as well as Client’s code of conduct. All services performed by SageView will be conducted by experienced workers, and will be performed in a diligent and professional manner. All services will conform to the provisions of this agreement. LIMITATION OF LIABILITY 91 of 387 Client acknowledges that the services rendered under this Agreement are advisory in nature and Client expressly agrees that the Consultant shall not be held liable relating to the performance of the services hereunder, as long as those services are rendered in good faith and in accordance with applicable federal and state securities laws and rules and regulations thereunder and prevailing professional standards within the industry. Client releases and holds the Consultant and their respective officers, directors, employees, and affiliates harmless against any losses, expenses (including reasonable attorney’s fees and costs) and liabilities incurred as a result of investment advisory services provided by the Consultant except where those services are: negligent, involve willful misconduct, or a fiduciary breach. For purposes of this agreement negligence will be deemed to mean failure to act in accordance with the professional standards of a reasonably prudent investment advisor within the investment industry. Nothing in this section is intended to be a waiver of any right of action Client may have under applicable securities laws or of Client’s rights in the event the Consultant breaches any fiduciary duty owed to Client. ARBITRATION CLAUSE This agreement contains an arbitration clause. By signing an arbitration agreement the parties agree as follows: (A) All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. (B) Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. (C) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. (D) The arbitrators do not have to explain the reasons(s) for their award. (E) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. (F) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. (G) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement. Client agrees that any dispute between Consultant and Client arising out of this agreement shall be submitted to arbitration conducted under the then applicable provisions of the code of arbitration procedure of the SEC. Arbitration must be commenced within the applicable statute of limitations. The arbitration award shall be final and judgment may be entered on the award in any court, state or federal, having jurisdiction. MISCELLANEOUS This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, superseding all prior agreements, understandings and negotiations with respect to such matters. This Agreement may be modified or otherwise amended and the observance of any term of this Agreement may be waived, only if such modification, amendment or waiver is in writing and signed by the party agreeing to the modification. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors. Neither party shall have any liability for any failure or delay in performance of its obligations under this Agreement because of circumstances beyond its reasonable control, including without limitation, acts of God, fires, floods, earthquakes, acts of war or terrorism, civil disturbances, sabotage, accidents, unusually severe weather, governmental actions, power failures, computer/network viruses that are not preventable through generally available retail products, catastrophic hardware failures or attacks on its server. CONFIDENTIAL INFORMATION 92 of 387 SageView will preserve as confidential all information pertaining to Client’s accounts, and shall only disclose such information after receiving Client’s written permission to disclose. SageView will not use Client’s account information for any purpose other than services disclosed under this agreement. EXECUTION If the terms of this Agreement are acceptable to Client, and the above services are in accordance with your understanding, please sign and return the Agreement to SageView Advisory Group. SageView will send you a fully executed copy promptly. SageView appreciates this opportunity to serve Client, under SageView’s Consulting Program pursuant to this agreement, and will strive to provide you quality service. SageView Advisory Group, Inc. is a Registered Investment Advisor, registered with the Securities and Exchange Commission. Client will receive an updated copy of the form ADV, Part II. Client has the ability to cancel this agreement within 5 days of its execution. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date first written above. By: _________________________________________ Date: ______________________ Randy Long Chief Executive Officer SageView Advisory Group, Inc. ACCEPTED AND AGREED: By: _________________________________________ Date: ______________________ 93 of 387 6. E CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. 11-016 - Authorize the EQUESTED CTION BY ITY OMMISSION publication of a Notice of the General Election to be held on March 8, 2011, requesting the Palm Beach County Supervisor of Elections to conduct the election and delegating certain duties to the Supervisor of Elections ER: On March 8, 2011, a general election will be held to fill Commission seats in Districts XPLANATION OF EQUEST II and IV. The approval of this Resolution will permit the publication of the Notice of General Election which will name the date, time, and place where the election will be held. It will also declare the offices to be filled. This Resolution will request the Palm Beach County Supervisor conduct the election and will delegate certain duties to the Supervisor. There is currently a tabled agenda item covering the approval of a contract with the Supervisor of Elections. There are some outstanding issues with the contract that are being reviewed by the Florida League of Cities. This item will return to the Commission for approval once the issues are resolved. In the meantime, this Resolution will allow us to move forward with publication of our Notice of Election and our request for the Supervisor of Elections to conduct the election on our behalf. H? Florida State Statute 100.021 requires the publication of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a Notice of Election prior to the opening of qualifying. This year, qualification opens at noon on Tuesday, January thth 25 and closes at noon on February 8. FI: None ISCAL MPACT A: If this approval is not granted, we will not be able to meet the requirements of Florida State LTERNATIVES Statute and will be prohibited from holding the election on March 8, 2011. 94 of 387 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE GENERAL ELECTION TO BE HELD ON MARCH 8, 2011; NAMING THE TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD; DECLARING THE OFFICES TO BE FILLED AT SUCH ELECTION; REQUESTING THAT THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION AND DELEGATING CERTAIN DUTIES TO THE SUPERVISOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Charter of the City provides for a General Election to be held on the second Tuesday in March, 2011; and WHEREAS, there are two offices to be filled at the General Election to be held in the City on March 8, 2011. 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. That a General Election shall be held, and is hereby declared to be held, in the City of Boynton Beach, Palm Beach County, Florida, between the hours of 7:00 a.m. and 7:00 p.m. on the 8th day of March, 2011, for the purpose of electing members to the City Commission to fill such offices in Districts II and IV for a period of three years each. Section 3. The City Clerk is hereby ordered and directed to cause a notice of said election to be published in the Palm Beach Post at least fifteen days prior to said election. Said notice shall be substantially in the following form: NOTICE OF GENERAL ELECTION MARCH 8, 2011 TO ALL QUALIFIED ELECTORS RESIDING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA: 95 of 387 By order of the City Commission of the City of Boynton Beach, Florida, notice is hereby given that a General Election will be held in said City on the 8th day of March, 2011, for the purpose of electing Commissioners for the following offices, to wit: City Commissioner, District II (3-year term) City Commissioner, District IV (3-year term) Notwithstanding the foregoing, should the polling locations change subsequent to the adoption of this Resolution, the City Clerk is hereby authorized and directed to advertise the correct locations in the notice without the necessity of amending this Resolution. Section 4. The offices for which said candidates shall be elected at the General Election are: City Commissioner, District II (3-year term) City Commissioner, District IV (3-year term) Section 5. The City Clerk and election officials are hereby directed to arrange for the use of voting machines at said General Election, and the form of the ballot shall be such as is consistent with the use of voting machines. The City Clerk shall coordinate and arrange for ballots, including absentee ballots, with the Supervisor of Elections. Section 6. The City Commission hereby requests that the Palm Beach County Supervisor of Elections conduct the City’s General Election, including runoffs as necessary. The Supervisor of Elections shall conduct a Logic and Accuracy test for the tabulation of all ballots, including absentee ballots. The City Commission hereby authorizes the Supervisor of Elections to tabulate and canvass all ballots cast during the General Election, including runoffs. The City Commission authorizes the County Canvassing Board to serve as the City’s canvassing board. Should it be necessary for the City to convene its own canvassing board, the City Commission hereby authorizes the Supervisor of Elections to serve as a member of such board, along with the City Clerk and City Attorney. Section 7. That this Resolution shall become effective immediately upon passage. 96 of 387 PASSED AND ADOPTED this _____ day of January, 2011. 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) 97 of 387 6. F CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION R11-017 - Approval of a EQUESTED CTION BY ITY OMMISSION second amendment to the interlocal agreement between Palm Beach County and the City of Boynton Beach for the use of T-1 telephone/data lines on Palm Beach County's digital microwave system. ER: Palm Beach County, Boynton Beach, Delray Beach and Boca XPLANATION OF EQUEST Raton comprise the South Palm Beach County Public Safety Communication Cooperative pursuant to an interlocal agreement originally signed in 1999 when the interoperable radio system was installed. The system provides radio communications for each city and the county through the use of shared components such as cables, radio towers and microwave installations. This arrangement facilitates county wide (and beyond) coverage for our radio equipment and the ability to talk with the other public safety agencies in times of disaster and joint operations. Radio messages are passed over the airwaves by transceivers and then from tower to tower and to the dispatch centers by use of the Digital Microwave Communications System. The Microwave Communications System uses T-1 fiber optic telecommunications lines to get the signals from the dispatch centers to the towers for transmission and reception. A total of six T-1 lines are shared by radio system subscribers mentioned above and the costs for use and maintenance are apportioned accordingly. Our portion of the use and maintenance costs is $4,737.00 annually which reflects what we are currently paying with no price increase. The duration of the agreement will be from February 2011 to February 2016. H? This agreement provides for access to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES T-1 telecommunications lines which are necessary to facilitate radio communications for public safety and local government personnel. 98 of 387 FI: Budget line item 1810-519.4620 Equipment Maintenance holds the necessary ISCAL MPACT funds required by the interlocal agreement. A: No alternatives are available other than acquiring another radio LTERNATIVES communications system. 99 of 387 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL AGREEMENT TO FEBRUARY 5, 2016 AND CHANGING THE ADDRESS FOR PAYMENT AND NOTIFICATION TO THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2006, the City Commission authorized the Mayor and City Clerk to enter into a First Amendment to Interlocal Agreement with Palm Beach County outlining the City’s use of the County’s digital microwave system, which extended the expiration date of the Interlocal Agreement to February 6, 2011; and WHEREAS, the parties would like to extend the duration of the Interlocal Agreement until February 5, 2016 along with updating the address for payment and notification to the County; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into a Second Amendment to Interlocal Agreement with Palm Beach County, which extends the expiration date of the Interlocal Agreement to February 5, 2016. 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 authorizes and directs the Mayor and City Clerk to execute a Second Amendment to Interlocal Agreement between the City of Boynton Beach and Palm Beach County extending the expiration date of the Interlocal Agreement to February 5, 2016, changing the address for payment and notification to the County, a copy of which is attached hereto as Exhibit “A”. 100 of 387 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2011. 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) 101 of 387 102 of 387 103 of 387 104 of 387 105 of 387 106 of 387 107 of 387 108 of 387 109 of 387 6. G CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the months of November and December 2010 ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST 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. H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 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. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 110 of 387 111 of 387 112 of 387 113 of 387 114 of 387 115 of 387 116 of 387 117 of 387 118 of 387 119 of 387 120 of 387 121 of 387 122 of 387 123 of 387 124 of 387 125 of 387 126 of 387 127 of 387 128 of 387 129 of 387 130 of 387 131 of 387 132 of 387 133 of 387 134 of 387 135 of 387 136 of 387 137 of 387 138 of 387 139 of 387 140 of 387 141 of 387 142 of 387 6. H CONSENT AGENDA January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review and accept the Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund and the Utility Fund for the three month period ended December 31, 2010. ER: XPLANATION OF EQUEST This is the first quarterly report of the new fiscal year ending September 30, 2011. As in prior monthly reports, we are summarizing and providing this analysis of budgeted and actual revenues and other funding sources compared to expenditures of the City’s General Fund and Utility Fund for the three month period ended December 31, 2010. The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The report is one of the financial reporting services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FI: ISCAL MPACT The fiscal impact of the actual budgetary results to date for the General Fund and the Utility Fund follow. 143 of 387 GENERAL FUND The FY 2011 annual budget of $68.5 million represents a 2% decrease from the FY 2010 budget of $70.5 million. However, in order to balance the budget in FY 2011, it required the following two non-revenue funding sources.  A General Fund appropriation of available fund balance of $59 thousand and  Transfers from ten (10) other funds totaling $27.0 million. Looking Ahead to FY 2012 The $27.0 million of transfers from other funds is unusually high amount and represents 40% of our total FY 2011 General Fund budget. It is higher than the 37% from non-revenue sources in FY 2010. Of the $27.0 million of transfers that were available from other funds this year to balance the budget, $9.5 million will not be available next year as fund balance reserves from other funds have been exhausted. Therefore, without any property tax adjustments, property valuation decreases or inflationary increases of expenditures, we are facing a $9.5 million deficit in FY 2012. The Budget Team and the Financial Advisory Committee have been meeting to develop strategies to deal with this anticipated gap. Please note that this deficit does not include any anticipated drop in taxable value for 2011. The financial models we are using will include a decline between 6 and 10% in taxable value for Boynton Beach in 2011. For the Three Months in FY 2011 Now, looking at the current year, it is vitally important that we monitor and stay within our budget for FY 2011. To date, the results are –  Revenues and transfers realized this year are $30.0 million (44%) of the budget estimate and slightly behind last year to date.  Expenditures incurred this year are $17.7 million (26%) of the annual budget and slightly ahead of last year. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 30,05244%$ 70,517$ 31,669 45%-3%-5% Expenditures$ (68,551)$ (17,765)26%$ (70,517)$ (16,670)24%-3%7% Excess (Deficit)$ -$ 12,287$ -$ 14,999  The net operating results to date in FY 2011 shows a decline of approximately $2.7 million ($14.888 million less $12.287 million) compared to FY 2010. The following summarizes the major revenues and expenditures to date. 144 of 387 Revenues & Transfers (Exhibit A) Overall, with $30 million received to date, we are slightly behind, but generally on track for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources other than property taxes. The percentage (81%) of property taxes received to date this year is greater than the 79% received same period in FY 2010. However, the dollar amount is $2.3 million less since an overall tax reduction was approved by the Commission by maintaining a consistent 6.7626 millage rate, but applied to a property valuation reduction of approximately 16%. In the current year, funding sources can be summarized into three major groups making up the total 100% of the $68.5 million budget: 1. 32% - $ 22.1 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 40% - $ 27.0 M – Transfers from other funds and General Fund balance Current practice is to make 1/12 of these funding sources available to the General Fund each month. 3. 28% - $ 19.4 M – We monitor all other revenues closely comparing to last year. 100% - $ 68.5 M – Total funding sources Expenditures (Exhibit B) General Fund expenditures to date are $17.7 million (26%) of the total $68.5 million expenditure appropriation for FY 2011. While the current appropriation represents nearly a 3% decrease of $2 million compared to FY 2010, the actual expenditures to date have increased approximately $1.1 million ($17.7 million less $16.7 million). The chart on Exhibit B displays that Police and Fire fully account for this $1.1 million increase over FY 2010. All other departments are operating proportionally within their budget for the first quarter. 145 of 387 UTILITY FUND The FY 2011 annual expenditure budget of $31.9 million represents nearly a 2% decrease from the FY 2010 budget of $32.4 million. At the same time, the operational forecast may yield an estimated $4.3 million fund balance increase. This is important as we are planning an additional bond issue in the current year and the increase is needed for an increase in debt service for FY 2012. For the three months in FY 2011,  Revenues realized are $8.3 million (26%) of the annual budget estimate.  Expenditures incurred are $8.0 million (25%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $285 thousand. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967 $ 8,374 26%$ 32,465 $ 8,357 26%-2%0% Expenditures$ (31,967)$ (8,089)25%$ (32,465)$ (7,513)23%-2%8% Excess (Deficit)$ -$ 285 $ -$ 844 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) The $8.3 million in FY 2011 revenues and fund balance increase substantially equals the $8.3 million to date in FY 2010, because of two factors:  Water Sales - $4.4 million = 26% of the annual estimate, compared to $4.2 million at this point in FY 2010.  In FY 2011, $1.0 million is being recognized as an added increase to fund balance, compared to $0.6 million in FY2010. Expenditures (Exhibit D) FY 2011 expenditures to date are $8.0 million or 25% of the annual appropriation compared to expenditures of $7.5 million or 23% for the prior fiscal year. A: LTERNATIVES Discuss this Budget Status Report or request clarification at the City Commission meeting. 146 of 387 147 of 387 148 of 387 149 of 387 150 of 387 7. A BIDS AND PURCHASES OVER $100,000 January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R11-018 - Award EQUESTED CTION BY ITY OMMISSION Contract for “BOYNTON BEACH CHILDREN'S MUSEUM RENOVATION” Bid # 009-2413-11/CJD to ATLANTIC ICON CORPORATION of Hollywood, Florida, the lowest, most responsive, responsible bidder who met all specifications in the amount of $332,745.57 plus alternate #2 $61,305.00, total $394,050.57 with an additional 20% contingency of $78,810.11 for a total expenditure of: $472,860.68. th ER: On April 20, 2010 the City Commission approved the interlocal XPLANATION OF EQUEST agreement between the City and the CRA to allow the City to utilize grant funding from the U.S. Department of Housing and Urban Development (HUD) to replace the windows and doors at the Schoolhouse Children’s Museum with impact resistant material. In order to maximize funding for the project it was broken down into a base bid, with two (2) alternates. The base bid includes the replacement of the windows and doors for the entire building with impact resistant materials; Alternate 1 includes the repair and refinishing of 1,000 square feet of flooring; and Alternate 2 includes the repair of 1,000 square feet of flooring and refinishing the entire building floor area. th On December 14, 2010 Procurement Services received and opened six (6) bid proposals for the project. The average bid price including alternate 2 was $467,091.84. The bid proposals including alternate 2 were as follows:  Atlantic Icon Corporation $394,050.57  Contracting Specialists Inc. SE $452,735.70  Cedars Electro Mechanical Inc. $466,425.25  Randolph & Dewdney Construction, Inc. $500,136.70  E.O. Koch Construction Co. $522,111.00 151 of 387  Railco, Inc. NONRESPONSIVE Staff and the City’s consultant REG Architects have reviewed the bid proposals and recommends awarding the contract to Atlantic Icon Corporation as the lowest, most responsive, responsible bidder. Atlantic Icon Corporation’s work record was checked and their references provided positive feedback in regards to their workmanship and business acumen. Although staff does not anticipate any change orders; due to the nature of the proposed work a 20% contingency is requested to cover any unforeseen repairs to structural members that may be uncovered during the construction process. H? The addition of hurricane impact windows OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and doors is essential to secure the building of interior damage during a hurricane event. Renovations will help ensure the continuation of museum and educational services to the community. FI: Project is budgeted in the FY10/11 Capital Improvement Plan (CIP) in the ISCAL MPACT amount of $494,000 for construction costs. The City will be reimbursed $294,000 from the CRA as a result of a HUD Appropriation Grant for this project. The construction costs are budgeted in account 302-4228-573-62-02. A: Do not to replace the windows, doors, and flooring in the Schoolhouse LTERNATIVES Children’s Museum and allow the grant funding from HUD to lapse. 152 of 387 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACT WITH ATLANTIC ICON CORP., FOR BID #009-2413-11/CJD, FOR THE “BOYNTON BEACH CHILDREN’S MUSEUM RENOVATION”, IN THE AMOUNT OF $332,745.57 PLUS ALTERNATE #2 IN THE AMOUNT OF $61,305.00 WITH A CONTINGENCY OF 20% IN THE AMOUNT OF $78,810.11 FOR A TOTAL EXPENDITURE OF $472,860.68; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on December 14, 2010, Procurement Services received and opened six (6) bid proposals in response to #009-2413-11/CJD for “Boynton Beach Children’s Museum Renovation”; and WHEREAS, the City’s consultant, REG Architects and staff reviewed the bid proposals and recommend awarding the contract to Atlantic ICON Corp., of Hollywood, Florida as the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract to Atlantic ICON Corp., for Bid #009-2413-11/CJD “Boynton Beach Children’s Museum Renovation”, in the amount of $332,745.57 plus Alternate #2 in the amount of $61,305.00 with a contingency of 20% in the amount of $78,810.11 for a total expenditure of $472,860.68. 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 the award and authorizes the City Manager and City Clerk to execute a contract with Atlantic ICON Corp., for Bid #009-2413-11/CJD “Boynton Beach Children’s Museum Renovations”, in the amount of $332,745.57 plus Alternate #2 in the amount of $61,305.00 with a contingency of 20% in the amount of 153 of 387 $78,810.11 for a total expenditure of $472,860.68, 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 January, 2011. 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) 154 of 387 155 of 387 156 of 387 157 of 387 158 of 387 159 of 387 160 of 387 161 of 387 162 of 387 163 of 387 164 of 387 165 of 387 166 of 387 167 of 387 168 of 387 169 of 387 170 of 387 171 of 387 172 of 387 173 of 387 174 of 387 175 of 387 176 of 387 177 of 387 178 of 387 179 of 387 180 of 387 181 of 387 182 of 387 183 of 387 184 of 387 185 of 387 186 of 387 187 of 387 188 of 387 189 of 387 190 of 387 191 of 387 192 of 387 193 of 387 194 of 387 195 of 387 196 of 387 197 of 387 198 of 387 199 of 387 200 of 387 201 of 387 202 of 387 203 of 387 204 of 387 205 of 387 206 of 387 207 of 387 208 of 387 209 of 387 210 of 387 211 of 387 212 of 387 213 of 387 214 of 387 215 of 387 216 of 387 217 of 387 218 of 387 CONTRACT THIS AGREEMENT, made and entered into this _______ day of ________________, A.D. 20__, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “City” and ATLANTIC ICON, CORPORATION. a Florida Corporation (X ) Check One a Florida General Partnership (____) a Florida Limited Partnership (____) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of $394,050.57, submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0AGREEMENT 1.1The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the th CONTRACTOR, dated December 14, 2010, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: Boynton Beach Children’s Museum Renovation Bid Number: 009-2413-11/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR’S bid totaling $394,050.57. 219 of 387 2.0SCOPE OF SERVICES 2.1CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 220 of 387 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under “authority of the engineer” shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0COMMENCEMENT OF WORK 3.1CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written “Notice to Proceed” of the CITY and to fully complete the 180 project within calendar days following the commencement date as specified in same. 221 of 387 3.2Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ an that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0LIQUIDATED DAMAGES $2,000.00 4.1The CONTRACTOR further agrees to pay per day as liquidated damages, for failure to begin within ten (10) days of “Notice to Proceed” or failure to complete the 180 work within calendar days from the commencement date to be indicated in the written “Notice to Proceed”. 5.0PROTECTION OF EXISTING FACILITIES 5.1The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 222 of 387 5.2The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0INDEMNIFICATION 6.1The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney’s and appellate attorney’s fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY’S and CONTRACTOR’S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment “A” herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0PAYMENT BY CITY 7.1The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0CHANGES IN THE WORK 8.1The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted 223 of 387 accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4Changes in the work directed in writing by the CITY’S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY’S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all 224 of 387 labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR’S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 225 of 387 8.4.3.5In no case shall the CONTRACTOR and Subcontractors’ general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6In no case shall the CONTRACTOR’S cost for administering subcontracts exceed five (5) percent of the subcontractors’ cost not including subcontractors’ profit. 8.4.3.7For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, “Rental Rates for Construction Equipment”. Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field change Directive or Change Order. 226 of 387 9.0PROJECT ARCHITECT 9.1The project Architect shall be REG Architects, Inc – 307 Evernia St., Ste 400 – West Palm Beach, FL 33401 – Contact: Al Phillips – Phone 561-659-2383. 9.2The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0INSURANCE 10.1The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR’S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment “A”. 10.2Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 227 of 387 GUARANTEE AND WARRANTIES 10.4All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0TERMINATION OF CONTRACT 12.1If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days’ written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY’S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1Complete the contract in accordance with its terms and conditions, or 12.1.2Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0CONTRACT CONTROLS 13.1The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 228 of 387 14.0TIME OF ESSENCE 14.1Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0REMEDY FOR DELAY 15.1In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4For the purpose of this section the phrase “the CITY, its agents and employees” shall include but shall not be limited to the architect, project manager and consulting engineers. 229 of 387 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney Signed, sealed and witnessed Contractor in the presence of: _____________________________ ______________________________________ President or the Vice President _____________________________ ______________________________________ Attest as to Contractor 230 of 387 State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me duly authorized to administer oaths ______________________________________________ to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. _____________________________________________________ Notary Public My Commission Expires: ________________________________ 05/04/01 ktr 231 of 387 232 of 387 233 of 387 234 of 387 235 of 387 236 of 387 237 of 387 238 of 387 239 of 387 240 of 387 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement of $10,000 in Kenel Derilus EQUESTED CTION BY ITY OMMISSION v. City of Boynton Beach ER: XPLANATION OF EQUEST Defense Counsel: None Plaintiff Counsel: Brock DeLorenzo, Shiner Law Group Incident: Motor vehicle accident on March 25, 2010. City police officer was traveling southbound on N. Federal Hwy, turning left onto Manatee Bay Dr., and failed to yield right of way to Plaintiff traveling northbound on N. Federal Hwy. Plaintiff suffered injuries to neck and back. Current medicals and lost wages are in excess of $14,000. Medicals are ongoing. H? Recommendations for settlements of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES claims of this nature are part of the ongoing responsibilities of the Risk Management Dept. FI: Settlement of $10,000 will be charged to the Risk Management budget ISCAL MPACT expenses line item 522-1710-519-49.21, Self-Insured Losses, for third party automobile liability self-insured losses. A: Failure to approve settlement will result in claim being litigated. Value of this LTERNATIVES case at trial is estimated at in excess of $40,000. Defense trial legal costs are estimated at $20,000. CJM/Claimaut/DerilusK01.doc 241 of 387 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Lori Laverierre Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: December 20, 2010 SUBJECT: Kenel Derilus v. City of Boynton Beach Date of Loss: March 25, 2010 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 25,000 Expenses: $ 20,000 Demand : Original: $ 88,000 Final: $ 20,000 Offer : Original: $ 3,500 Final: $ 10,000 SETTLEMENT$ 10,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ 1,995 $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 20,000 : $ 40,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Motor vehicle accident on March 25, 2010. City police officer was traveling southbound on N. Federal Highway, turning left onto Manatee Bay Drive, and failed to yield right of way to Plaintiff traveling northbound on N. Federal Highway. Plaintiff suffered injuries to neck and back. Current medicals and lost wages are in excess of $14,000. Medicals are ongoing. Cjm/Claimaut/DerilusK02.doc 242 of 387 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement of $10,000 in Odinel Louis EQUESTED CTION BY ITY OMMISSION v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: None Plaintiff Counsel: Brock DeLorenzo, Shiner Law Group Incident: Motor vehicle accident on March 25, 2010. City police officer was traveling southbound on N. Federal Hwy, turning left onto Manatee Bay Dr., and failed to yield right of way to Plaintiff passenger traveling northbound on N. Federal Hwy. Plaintiff suffered injuries to neck and back. Current medicals and lost wages are in excess of $13,000. Medicals are ongoing. H? Recommendations for settlements of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES claims of this nature are part of the ongoing responsibilities of the Risk Management Dept. FI: Settlement of $10,000 will be charged to the Risk Management budget ISCAL MPACT expenses line item 522-1710-519-49.21, Self-Insured Losses, for third party automobile liability self-insured losses. A: Failure to approve settlement will result in claim being litigated. Value of this LTERNATIVES case at trial is estimated at in excess of $30,000. Defense trial legal costs are estimated at $15,000. CJM/Claimaut/LouisO01.doc 243 of 387 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Lori Laverierre Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: December 20, 2010 SUBJECT: Odinel Louis v. City of Boynton Beach Date of Loss: March 25, 2010 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 25,000 Expenses: $ 20,000 Demand : Original: $ 88,000 Final: $ 20,000 Offer : Original: $ 3,500 Final: $ 10,000 SETTLEMENT$ 10,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 15,000 : $ 30,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Motor vehicle accident on March 25, 2010. City police officer was traveling southbound on N. Federal Highway, turning left onto Manatee Bay Drive, and failed to yield right of way to Plaintiff passenger traveling northbound on N. Federal Highway. Plaintiff suffered injuries to neck and back. Current medicals and lost wages are in excess of $14,000. Medicals are ongoing. Cjm/Claimaut/LouisO02.doc 244 of 387 9. A PUBLIC HEARING January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve conditional use for Boynton Town Center Dry EQUESTED CTION BY ITY OMMISSION Cleaner (COUS 11-001 ) with on-premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company ER: Mr. Mike Hagen with The Sembler Company, representing a XPLANATION OF EQUEST potential lessee, is seeking conditional use approval to allow a dry cleaner with on-premises cleaning and laundering capabilities. Mr. Hagen considers the proposed lessee to be a “green dry cleaning and laundering facility” because no petroleum products (e.g., perchlorothylene – PERC) would be used in its operations. The lessee would occupy a vacant bay that is approximately 1,500 square feet, which would comply with the maximum allowable size allowed in the SMU district. Although no time table was given, it is understood the business would commence immediately upon City approval; after execution of a lease agreement; and after interior build-out is complete. According to the conditional use application, the only proposed exterior building modification would be the addition of roof hoods and vents for the cleaning equipment, and such hoods and vents would not be visible above the existing parapet wall. The Planning & Development Board reviewed this request on December 28, 2010 and forwards this item to the Commission with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 245 of 387 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-072 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner II DATE: December 20, 2010 PROJECT: Boynton Town Center Dry Cleaner (COUS 11-001) REQUEST: Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on-premises cleaning and laundering, to occupy existing retail space in the SMU district. ___________________________________________________________________________ ________ PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: The Sembler Company / Mike Hagan Agent: The Sembler Company / Mike Hagan Location: 910 North Congress Avenue (see Exhibit “A” – Location Map) Existing Land Use/Zoning: Mixed Use Suburban (MXS) / Suburban Mixed Use (SMU) Proposed Land Use/Zoning: Mixed Use Suburban (MXS) / Suburban Mixed Use (SMU) Proposed Use: Dry Cleaner with on-premises cleaning and laundering Project Size: 1,500 square foot store front on a 15.423-acre parcel Adjacent Uses: North: Undeveloped land approved for a residential condominium classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); South: Existing off-street parking area for retail building classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); 246 of 387 East: Undeveloped land approved for residential townhouses classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU), still farther east is right-of-way for Renaissance Commons Boulevard; and West: Existing retail building classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); still farther west is right-of- way for Congress Avenue. BACKGROUND The subject site and surrounding buildings are located along the “main street” (center portion) of the Boynton Town Center project, which is zoned SMU. The newly constructed buildings are occupied by a variety of retail and commercial service uses. Until recently, dry cleaning establishments located in the SMU district were prohibited from cleaning or laundering clothing and garments on-site; they were restricted to serving as drop-off facilities only. Earlier this year however, the City passed Ordinance 10-020, which removed the prohibition of on-site cleaning or laundering for properties located within the SMU as well as the other mixed use districts. The ordinance allows for cleaning and laundering activities on-premises contingent upon conditional use approval, and it restricts the establishment to a maximum allowable size of 2,000 square feet. PROPOSAL Mr. Mike Hagen with The Sembler Company, representing a potential lessee, is seeking conditional use approval to allow a dry cleaner with on-premises cleaning and laundering capabilities. Mr. Hagen considers the proposed lessee to be a “green dry cleaning and laundering facility” because no petroleum products (e.g., perchlorothylene – PERC) would be used in its operations. The lessee would occupy a vacant bay that is approximately 1,500 square feet, which would comply with the maximum allowable size allowed in the SMU district. Although no time table was given, it is assumed the lessee would move in immediately upon City approval and after interior build-out is completed. According to the conditional use application, the only proposed exterior building modification would be the addition of roof hoods and vents for the cleaning equipment, and such hoods and vents would not be visible above the existing parapet wall. The LDR defines a Conditional Use as a use that would not be appropriate generally, or without restriction, throughout a zoning district, however, if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the City. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division’s evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens’ general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of 247 of 387 the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site and surrounding buildings have been approved for retail and commercial service uses and were designed as such with points of ingress / egress along North Congress Avenue, Old Boynton Road, and Renaissance Commons Boulevard. Existing sidewalks are present throughout the site to provide safe pedestrian access to the building. No changes to vehicular circulation, traffic flow and control, or pedestrian access are being made with this request for conditional use approval. 2. Off-street parking and loading areas where required, with particular attention to the items in standard 1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The original Boynton Town Center project was approved with a mix of residential, retail, restaurant, and office uses. The required parking for commercial uses was based on a “shopping center” rate, which is one (1) space per 200 square feet. A dry cleaning establishment would fit under this category and thus, comply with the City’s off-street parking requirements. No changes to the site (e.g., off-street parking, vehicular use areas, etc.) are being proposed with this request for conditional use approval. According to the applicant, the lessee “does not have plans to service other drop off locations at this time, but if in the future this becomes a possibility, we anticipate that the only associated external activity would be a single van drop off in the morning around 9:00am and a van pick up at 4:00pm. As such, we anticipate delivery truck impacts to actually be less than would be expected from other already permitted retail / commercial uses within the zoning district.” No glare is expected from the proposed use. Any external noise generated from the building would be similar to other permitted uses allowed in the zoning district. The applicant states the expected external noise would be limited to “the sound of a roof mounted compressor and exhaust fans typical of those found on many retail stores, restaurants, etc.” 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The proposed dry cleaner use does not require additional refuse or service areas above that which was already approved and constructed as part of the Boynton Village project. The intent is to utilize the existing dumpster that is shared amongst the tenants of the building. During the time when staff was conducting the research which led to the creation and drafting of Ordinance 10-020, an interview was conducted with an owner / operator of an existing dry cleaner establishment, which revealed the following: “Chemical waste generated by the establishment is regulated by the Florida Department of Environmental Protection (FDEP). The waste is collected using keg- sized containers and removed from the premises by licensed hazardous waste 248 of 387 haulers. Establishments typically generate two (2) containers of waste every six (6) to 10 weeks. Waste hauler trucks are there for about a half-hour each time they visit.” With respect to the above-captioned information, staff does not anticipate any issue with refuse or service areas related to the proposed dry cleaner. The conditional use application states that deliveries will be made at the dedicated rear service doors to the suite. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available and unaffected by the addition of the proposed use. Any required interior plumbing fixtures, sanitary drains, or other utility- related upgrades will be addressed when the lessee submits plans to the Building Division for tenant build-out. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. As previously stated, no exterior modifications are proposed, except for required vents and fans, which are typically installed on top of the roof. The applicant indicates that all this necessary equipment would be placed on top of the roof and screened by the existing parapets. No landscaping or buffering would be affected or changed as a result of the proposed dry cleaner use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed dry cleaner would not have any additional signage above that which is allowed by code. It is anticipated the prospective tenant would request a permit for wall signage, and any such signage would have to comply with the development’s sign program. The photometric levels of the exterior parking lot lighting would not change as a result of the proposed dry cleaner use. The existing building is surrounded by other commercial buildings, and a dry cleaner would be compatible and in harmony with the abutting commercial uses. 7. Required setbacks and other open spaces. The proposed dry cleaner use would have no impact on approved setbacks or open spaces. 8. General compatibility with adjacent properties and other property in the zoning district. As previously mentioned, the existing building is surrounded by other commercial buildings, and a dry cleaner use would be compatible and in harmony with abutting commercial uses. The Boynton Town Center project is a master planned development and all commercial buildings were designed to compliment each other. It is logical, therefore, and very much expected that this type of development would attract a dry cleaner as a prospective tenant. In many ways, a 1,500 square foot dry cleaning establishment would be less intensive than other commercial uses (e.g., restaurant), which are allowed by-right in the SMU zoning district, and would ultimately represent the convenience-type business that would serve future residents of this development. 249 of 387 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. Dry cleaners which conduct cleaning or laundering activities on-premises are required to comply with ventilation regulations of the Florida Building Code. To meet these requirements, operators typically install fans outside the building, either on the sides or on the roof. The applicant would have to prove that the roof could support the additional load (weight) of any new rooftop equipment. This type of information would be required at the time of permitting. The existing building was previously designed with parapet walls, and the applicant is required and promises to conceal any required rooftop equipment with such walls. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Dry cleaning establishments are common in commercial settings such as this, and on-site cleaning and laundering activities are not expected to have a negative effect on neighboring properties or the city as a whole. The applicant has indicated that the establishment would utilize “green” cleaning methods, which is certainly welcomed by the City. With respect to the subject property, the economic benefit to the City is expected to result in a yearly increase of $400 of additional revenues, consisting of a negligible increase in tax revenue as well as the collection of business tax receipts and fire assessment fees. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City’s Land Development Regulations. Not applicable. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City’s Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. In the application, the applicant indicates the proposed use would operate in complete compliance with all applicable nuisance and hazard performance standards. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment. c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors 250 of 387 and insulation to be used. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. Not applicable. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit “D” – Conditions of Approval. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit “C” accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a Business Tax Receipt. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COUS Staff Report1.doc 251 of 387 252 of 387 253 of 387 254 of 387 255 of 387 EXHIBIT "C" Conditions of Approval Project name: Boynton Town Center Dry Cleaner File number: COUS 11-001 Reference: See Exhibit “B” DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Pursuant to Chapter 4, Article III, Section 3.A.9, all rooftop equipment, including fans which may be required because of the dry cleaner, shall be X completely screened from view at a minimum distance of 600 feet. 256 of 387 DEPARTMENTS INCLUDE REJECT 2.Pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is to be set X within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a Business Tax Receipt. PLANNING AND DEVELOPMENT BOARD Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COA.doc 257 of 387 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Town Center Dry Cleaner APPLICANT/AGENT: Mr. Mike Hagan with the Sembler Company APPLICANT’S ADDRESS: 1450 South Johnson Ferry Road, Atlanta, GA 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 18, 2011 TYPE OF RELIEF SOUGHT: Request conditional use approval for a dry cleaner in the SMU district with on-premises cleaning and laundering. LOCATION OF PROPERTY: 910 North Congress Avenue DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\DO.doc 258 of 387 10. A CITY MANAGER’S REPORT January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review and accept staff report on canal maintenance EQUESTED CTION BY ITY OMMISSION activities for calendar year 2010; and provide any further recommendation on continuing maintenance or other canal activities. ER: At the Commission meeting of November 17, 2009, the XPLANATION OF EQUEST Commission accepted a global report on canal and waterway ownership, dedication and maintenance within the City limits of Boynton Beach. The Commission also found that intrusion of aquatic vegetation in the fresh water canals constitutes a health, safety and welfare concern. The Commission directed staff to implement a program for fresh water canal maintenance funded by a twenty five cent per ERU ($0.25/ERU) monthly storm water utility fee, but directed a delay in maintenance of private canals until legal access could be obtained from adjacent property owners. The Commission also directed staff to provide analysis and feedback regarding the dredging of tidal canals and establishment of a fund for such activity by imposing a fifty cent per ERU ($0.50/ERU) monthly storm water utility fee surcharge. At the Commission meeting of December 15, 2009 the City Commission approved Ordinance 09-047 for a $.25/ERU increase to the Storm water Utility Fee for a period of two years commencing on January 1, 2010 for fresh water canal aquatic weed control maintenance. The Commission also declined to add a $.50 surcharge for a tidal canal dredging program. A list of canals that qualified for maintenance based on the report includes the following areas: Public Canals not under any other jurisdiction 259 of 387 Chapel Hill Venetian Isles Treasure Isles Big Bass/Lazy Lakes Private Canals that require temporary access agreements Lake Shore Haven Lake Eden A two step approach was taken to eliminate and control aquatic vegetative growth in these canal systems. Harvesting of large amounts of existing vegetative growth was accomplished; details are listed in the report for each canal area. The time line for harvesting commenced in January 2010 and was completed in July 2010. A bid for harvesting services had to be developed due to the large amounts of vegetation and the monetary level that was expended. Once harvesting was complete in an area, a monthly spray program was initiated. Currently all the listed canals are included in the monthly spray program, which is proving very effective. There are two canal areas within the listed canals that present continuing issues. The first is the Lake Shore Haven canal that runs north and south paralleling I-95 in the Mission Hill area. The south end of this canal is open to Lake Ida and the north end of the canal is limited by a culvert. The one-way opening allows this canal to “trap” any floating vegetation in the Lake Ida area. A best outcome in terms of cost would be for Palm Beach County to maintain a successful mitigation program for Lake Ida to minimize or eliminate floating vegetation in Lake Ida. The other area presenting a continuing issue is a section in the Venetian Isles area. There is an area in this section that is very shallow, less than 20”. This area is not navigable by any means. This area was harvested manually, and is sprayed monthly, but it is an area that collects trash and other floating debris. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Continuous monthly spraying of the canals will minimize vegetative growth and keep the canals free to flow thus meeting the goal of minimizing or eliminating any health, safety or welfare concern. The subject canals are part of a larger storm water management system that is overseen by other governmental or quasi-governmental agencies. A secondary benefit to maintaining a flowing canal system, for those that are now navigable, is the recreational aspect of fishing, boating and water activities. FI: ISCAL MPACT The initial harvesting expenditure totaled $82,570.50 and was done in two stages to meet procurement policies. Annualized spraying costs were $19,440.36 and have been reduced to $15,607.80 due to favorable quote conditions. The total for the calendar year 2010 is $94,139.88. This includes the initial harvesting and the spraying per month with the previous and new monthly spraying costs based on commencement of spraying. 260 of 387 Revenues are put into the storm water revenue account. An analysis shows an additional $39,800 was earned for 2010. At $5.00 per ERU the Stormwater Revenue Account received 2005 $3,221,653 2006 $3,267,522 2007 $3,277,967 2008 $3,320,147 2009 $3,336,377 2010 $3,376,209 ($0.25/ERU increase – 9 months) Looking forward, a 12-month estimate of $49,790 would be collected for the $0.25/ERU/month. A two year revenue projection would be $99,580 and a two year expenditure projection is $109,747.68. This creates a short fall of $10,167.68 A: 1. Maintain the status quo with the spraying program and run a deficit for the LTERNATIVES 2 year program at ($10,167.68). This will not provide any additional services to the areas, and the two areas with concerns will remain. 2. Another alternative is to increase the fee slightly, $0.05, to eliminate the deficit and keep the services status quo. 3. This program is set to end December 2011. To avoid any reoccurrence in deterioration of canals it is recommended to continue the spraying program, and adopt $.030 as a permanent addition to the storm water fee. This increase would also allow for periodic harvesting to be funded. 4. Formally request Palm Beach County to increase aquatic control in the Lake Ida waterway, which will help the Lake Shore Haven canal, and keep the City’s costs level. 5. The Venetian Isle Canal serves as a storm water canal, and it is not recommended to create a navigable recreation canal. However, debris is a problem; staff can be directed to research further on possibilities to improve the situation. Attachments: 1. Detailed Canal Maintenance/Harvesting Report 2009 to Present. 2. Original Canal Inventory Report from 2008 Showing Location of Canals and Ownership Information. 3. Map prepared in 2008 showing location of all canal reaches in the City. 261 of 387 Report to the City of Boynton Beach Commission on the Canal Harvesting & Maintenance Operations. On December 15, 2009 the City Commission approved Ordinance 09-047 that added $.25 to the stormwater utility fee for a period of two years for fresh water canal aquatic weed control maintenance. The list of canals that qualified for maintenance is Chapel Hill, Venetian Isles, Treasure Isles, Big Bass/Lazy Lakes, Lake Shore Haven and Lake Eden. These canals qualify as public canals within the City of Boynton Beach that are not under the jurisdiction of any other governmental or quasi- governmental agency. A comprehensive canal report was prepared and accepted by the Commission on November 17, 2009. Due to the length of time that the canals had not been maintained it was recognized that quite a bit of aquatic material had grown, and collected in the canal system. A two step approach was developed to eliminate the aquatic material. The two steps are harvesting and follow up with regularly scheduled spraying. A one time harvesting of material was accomplished beginning in January 2010 and finishing in July 2010. The reason for the extensive time included bid processes, collection of easement accesses, and harvesting equipment size and malfunctions. Following the harvesting a regular monthly spray schedule was implemented. The areas mentioned have been completely cleared. Following are summary details for each canal area and the on-going issues are documented. SUMMARY OF CANAL OPERATIONS Lake Shore Haven Canal The Lake Shore Haven canal was cleared by canal harvesting on 07/20/2010, however, since the completion of the harvesting project the Stormwater Division has had to manually remove water hyacinths due to additional ingress of floating vegetation. Currently the Lake Shore Haven Canal Waterway is clear and monthly spraying is being done. These problems with floating vegetation have persisted due to the prevailing water flow from Lake Ida. The south end of Lake Shore Haven canal is connected to Lake Ida, the north end of the canal is connected to the E-4 canal by a concrete covert. When the current flows to the north, water hyacinths and subsurface floating vegetation are pulled into the Lake Shore Haven canal. This has caused ongoing concerns with the local residents. The best outcome in terms of cost would be for Palm Beach County to maintain a successful mitigation program for Lake Ida. If this does not occur then we may have to incur additional expense in order to meet the aspirations of the residents. Lake Eden Four Finger Canal System This system was harvested within four days, removing 72 tons of floating invasive vegetation which encompassed 4.95 acres of waterway. Maneuvering around boat docks and water vessels created a degree of difficulty; however, the area was 100% harvested. Since the harvesting of the waterway, monthly spray applications have been performed and there is no vegetation present. Chapel Hill Waterway 262 of 387 Chapel Hill waterway was inundated with 2.23 acres of floating invasive vegetation impeding water vessels from launching for recreation boating use. This area commenced harvesting on 1/11/2010 and completed 1/15/2010. During the process 24.50 tons of vegetation was removed. The monthly aquatic spray application has been instrumental in managing the weed growth in the Chapel Hill Waterway. Lazy Lakes/Big Bass Waterway Lazy Lake/Big Bass Waterway was heavily inundated with 8.84 acres of floating invasive vegetation. The harvesting commenced on 02/04/2010 and was completed on 02/08/2010. During the process 45 tons of floating materials were removed within a four day span. Immediately upon completion, monthly spray application began and there is no vegetation present within the Lazy Lakes/Big Bass Waterway. Treasure Isles This system comprises 3.95 acres of waterway, but was almost completely blocked with floating invasive vegetation. Harvesting operations commenced on 6/28/2010 and were completed on 7/15/2010, and 548.1 tons of vegetation was removed. Since the completion of the project there have been no residential complaints and monthly spraying is ongoing. Venetian Isles The Venetian Isles Waterway System commenced on 1/13/2010 and completed on 1/27/2010. The harvesting project removed 65.37 tons of floating invasive vegetation. During the removal, shallow depth became an issue whereas the harvesting equipment could not perform its design function. Therefore, 75 yards of floating debris had to be manually removed. Since the completion of the harvesting project despite monthly spraying there have been issues in Venetian Isles regarding floating trash debris and non-submersible weed growth, which are collecting in the extremely shallow areas of the waterway of around 20in in depth. This will continue to be an ongoing problem. 263 of 387 Cost of Harvesting and Spray Maintenance Harvesting was completed in two stages. Initially we worked off three quotes at a cost of $3,500 per day, but the level of work was underestimated, and the difficulties in gaining access to some of the locations warranted us to temporarily halt operations to allow for a bidding process to complete the work on a fixed price basis. The following tables detail the two operations. Phase One Harvesting Project Daily Tonnage Report 1 Name of Date of Date of Contractor Amount of Total Cost System Inception Completion Material of Project Removed (Tonnage) Chapel Hill 1/11/2010 1/13/2010 Aquagenix 24.50 ton $10,500.00 Waterway Venetian Isles 1/14/2010 1/27/2010 Aquagenix 65.69 ton $14,070.50 Big Bass/Lazy 2/4/2010 2/8/2010 Aquagenix 45.00 ton $14,000.50 Lakes Total Total 114.50 ton $38,570.50. 1 Based on a Unit Cost of $3,500/day Phase Two Harvesting Project Daily Tonnage Report Name of Date of Date of Contractor Tonnage Total Cost System Inception Completion Amount of Project Treasure Isle 6/28/2010 7/11/2010 Santee 548.1 ton $25,000.00 Modular Lake Eden 7/12/2010 7/15/2010 Santee 86.00 ton $10,000.00 Modular Lake Shore 7/16/2010 7/20/2010 Santee 72.00 ton $9,000.00 Haven Modular Total 706.1 ton 44,000.00 264 of 387 The original pricing for spray maintenance was $19,440.36/annum, and services were provided by Aquagenix Incorporated. The City has changed vendors due to a new solicitation for quotes. For the upcoming year the new vendor is Aquatics Vegetation Control Inc. and their pricing for the year is $15,607.80, which is a savings of $3,832.56 over the previous contract. Maintenance Spray Report (Aquagenix) Name of System Date of Date of Contractor Acreage of Cost per Inception Completion Waterway canal/month Treasure Isle 08/2010 Ongoing Aquagenix 3.95 $263.92 Lake Eden 08/2010 Ongoing Aquagenix 4.95 $217.50 Lake Shore 08/2010 Ongoing Aquagenix 4.86 $217.50 Haven Venetian Isles 04/2010 Ongoing Aquagenix 3.87 263.92 Big Bass/Lazy 04/2010 Ongoing Aquagenix 8.84 422.41 Lakes Chapel Hill 04/2010 Ongoing Aquagenix 2.23 247.77 Total $1,620.03 Total/Yr. 19,440.36 Maintenance Spray Cost Report (Aquatic Vegetation Control) Name of Date of Date of Contractor Acreage of Cost per System Inception Completion Waterway canal/month Treasure Isle Third Week Ongoing Aquatic Vegetation 3.95 $217.50 of 12/10 Control Lake Eden Third Week Ongoing Aquatic Vegetation 4.95 $222.75 of 12/10 Control Lake Shore Third Week Ongoing Aquatic Vegetation 4.86 $218.70 Haven of 12/10 Control Venetian Isles Third Week Ongoing Aquatic Vegetation 3.87 $232.20 of 12/10 Control Big Bass/Lazy Third Week Ongoing Aquatic Vegetation 8.84 $309.40 Lakes of 12/10 Control Chapel Hill Third Week Ongoing Aquatic Vegetation 2.23 $100.35 of 12/10 Control Total $1,300.65 Total/Yr. $15,607.80 Conclusion The condition of the canals prior to the harvesting operation was a direct consequence of the cessation of the spraying operations a few years ago. Now that the situation has been brought under control it should 265 of 387 be possible to maintain the canals in good condition. There may at times be minor evidence of growth, especially during periods of warmer weather, but this will be a temporary situation. 266 of 387 267 of 387 268 of 387 269 of 387 270 of 387 271 of 387 272 of 387 11. A UNFINISHED BUSINESS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider staff review of, and alternatives to program EQUESTED CTION BY ITY OMMISSION recommendations by Ad hoc Committee for Historic Preservation ER: On December 7, 2010 the City Commission heard the presentation XPLANATION OF EQUEST and final recommendations by the Ad Hoc Committee for Historic Preservation. The recommendations included all major tasks necessary to implement the City’s new historic preservation program, with major tasks and program administration to be the responsibility of a new, full-time historic preservation specialist. City staff was directed to review the recommendations and report back to the Commission. This item presents the findings of the review and alternative options for consideration. The emphasis of the review was on identifying options for program administration and feasibility of using existing city staff to minimize program costs. Sources for this information included the State Bureau of Historic Preservation, the City’s former consultant for site inventorying (Research Atlantica, Inc.), Janus Research Inc., the historic preservation staff of the Cities of West Palm Beach and Delray Beach, and various other cities throughout the state with historic preservation programs. Not all cities have responded to our inquiries; however, it would appear that most cities use existing full-time planning staff or a full-time staff specialist to administer their respective programs, most likely with major tasks such as site inventorying being accomplished using contracted services. A few of the other cities with programs who were contacted as part of staffs research included Daytona Beach, Ft. Pierce, Melbourne, Lake Wales, Deland, Kissimee, Leesburg, and Pompano Beach. In addition to assisting with compiling information from real experiences, this exercise has also expanded staffs network of resources for future use once the program is established. The alternative options for consideration are explained below, within the attached write-up from the Chair of the Ad Hoc Committee, and within two attached tables that summarize the principal program tasks, timing, and costs associated for each option. The second table is a cost summary for the first three (fiscal) years of program implementation. 273 of 387 Alternative #1: Full time preservation planner (Ad Hoc Committee recommendation). Pursuant to the recommendation of the Ad Hoc Committee, program administration, including all major tasks, would be the responsibility of a new, full-time person with expertise in historic preservation. The duties and responsibilities, and cost (salary) is detailed in the report from the Committee that was presented by the Committee Chair to the City Commission on December 7, 2010 (see attachment). As summarized above, many cities with existing programs have staff, who have experience and/or educational backgrounds in historic preservation. Our local examples include the Cities of Delray Beach and West Palm Beach. Although at a net cost, the principal benefit of this option is to have a full-time person dedicated to the program, particularly during the first few years of program set-up and implementation. However, depending on the level of engagement by the community, the work load, after initial program implementation, may be less than necessary to justify a full-time specialist, particularly during times of budget crisis and opportunity cost. Selection of this alternative should include directing staff to identify corresponding funds and to initiate the notification and hiring process needed to identify and select a preservation specialist. – See Historic Preservation Implementation Matrix attached – Projected cost is $71,400. Alternative #2: Part-time preservation planner (contractual) and in-house planning staff. This option for program administration also relies upon a historic preservation specialist; however, the position would be a contracted, part-time position. One example of this system of program management is in the Town of Palm Beach. This option is tailored to also include contribution by in-house staff. The responsibilities would be shared with in-house staff, and costs of major tasks would spread out over 2 to 3 years. Staff would minimize the costs of consultant services by assisting with basic administrative duties such as updating State records, processing of Certificates of Appropriateness, board agenda preparation and reporting, completing and filing grant applications, research and coordination, as well as provide assistance with the major program tasks such as the survey update. The benefit of this option is that it provides experienced staffing to the program during the more intense implementation years but can be modified over time to reflect actual program needs following start-up. Further, in-house staff contribution minimizes program costs and facilitates staff training enabling possible future solo management responsibility. Selection of this alternative should include directing staff to identify the corresponding funds and to initiate the RFQ process needed to identify and select an outside preservation professional. . – See Historic Preservation Implementation Matrix attached – Projected cost is $81,200. Alternative #3: In-house planning staff only. Under this option, the Planning & Zoning Division would administer the historic preservation program with existing staff. Work efforts would begin with the establishment of the board and applying for Certified Local Government (CLG) status. The survey update would be incremental and possibly timed with staff and intern availability, and grant availability and cycle timing. Other work would include completing designation reports and Florida Master Site Files, creating Design Guidelines, seeking grants and being the liaison to the Historic Resources Preservation Board. No additional dollars would be required in the budget, other than costs associated with additional staff development and training opportunities using available publications, resources from the State or from local or regional academic institutions. While this option offers the program administration at the lowest net increase to the budget, it would produce the slowest implementation schedule (see attached summary table). While existing staff has had some limited experience in administering a similar program, the projected time needed to complete the tasks is a factor of both the demands of each task as well as anticipated competing work load. Since there is not a staff surplus enabling the devotion of a body solely to this program, staff time is a factor of other work loads such as development activity and special projects delegated from time to 274 of 387 time. This explains the lengthy time period projected to complete the update of the City’s Historic Site Survey. Whenever possible, planning staff would use other city staff, volunteers and/or interns to assist with major projects such as the inventory update, identifying and completion of grant applications, and drafting of the design guidelines. Staff would also use whenever possible, state grants for planning projects such as inventories, design guidelines and educational promotions. As for training opportunities, the state will be increasing its training program with the recently awarded Preserve America Grant. This grant includes $200,000 to be used throughout the state within a 2-year period, in part for advancing historic preservation programs. Of course in addition to implementation timing, a principal criticism of this option is that the program will only grow with the advancement of staff on the learning curve. However, others cities with such programs have endured the same implementation and management pains with in-house staff. Just a couple examples include the City of Kissimmee and City of Daytona Beach. It is also noteworthy that an updated survey is not a prerequisite for CLG status. In fact, one objective of the CLG program is to assist cities with the laborious and potentially costly task of site surveying. . – See Historic Preservation Implementation Matrix attached – Projected cost is $-0-. Alternative #4: In-house planning staff and consultant for re-survey. The Planning Division would again administer the program using existing staff, with the only difference from Alternative #3 being that a consultant would conduct the re-survey and update of the inventory of historic properties (i.e. structures built prior to 1960). In this option, the survey is completed in approximately one-third the time. The cost for the re-survey is estimated to be approximately $50,000. Although two current estimates for this work range between $50,000 and $80,000, the original inventory was conducted by a local historic preservation consultant for $20,000. Staff assumes that if necessary to minimize costs to meet budget limitations, the study area could be limited to a subset of the City to minimize the total number of sites, and to avoid the unnecessary cost of inventorying homes not meeting the age threshold. This cost may be further off-set with a historic preservation planning grant (matching); however, the next grant application cycle is November 1, 2011, and if funded, grant dollars would not be available until July 1, 2012, approximately 18 months from now. As indicated above under Alternative #3, a current survey is not a prerequisite for program start-up, and could be phased in conjunction with staff or budget availability. As indicated above, staff understands that many surveys, conducted in cities with programs managed by in-house staffing, are prepared by outside sources. Just a few examples of cities with this arrangement include the Lake Wales, Daytona Beach, and Delray Beach. It should also be noted that Lake Wales and Daytona Beach have programs managed by staff with both HP and general planning duties. . – See Historic Preservation Implementation Matrix attached – Projected cost is $50,000. Alternative #5: In-house planning staff and consultant for resurvey and as needed basis. In this option, the Planning Division would administer the historic preservation program with existing staff, with consultants conducting the re-survey of historic structures as well as providing technical expertise on an “as needed” basis. Examples of such technical support could consist of reviewing difficult requests for certificate of appropriateness or for expert witness service to support ordinance enforcement. Similar to Alternative #4, the cost for the re- survey is estimated to be approximately $50,000. Again, this cost may be off-set with a preservation grant; however, the timing of such awards is based on state budgeting and grant cycles, resulting in funding availability in mid-2012. An additional $5,000 dollars is again projected for consultant services for “as needed” support as described above. A private consultant or staff from a sister city may provide such services on a contractual basis. Although availability (weekly hours) would vary, staff has confirmed two possible resources 275 of 387 which would provide such services for $60 and 70$ per hour (Research Atlantica, Inc. and the City of West Palm Beach for example). Selection of this alternative should include directing staff to identify the corresponding funds (for as needed consulting) and to initiate the selection process needed to retain outside professional services. . – See Historic Preservation Implementation Matrix attached – Projected cost is $55,000. In addition to deciding the preferred route of program administration, the City Commission should also take action relative to other program implementation matters:  Status of the Ad Hoc Committee - Recall that one of the Committee’s recommendations was to keep the entity in tact until establishment of the Historic Resources Preservation Board to assist with Board member selection and public education efforts fueled by the National Trust grant.  Tax abatement provisions – An important component to most historic preservation programs is the tax incentive to preservation. This component is included in the city’s preservation regulations adopted in December and will require an interlocal agreement with the County as well as a local ordinance. Regardless of the preferred administration option, steps can be initiated now toward establishing this provision and implementing the adopted regulations.  Preservation Public Service Announcement (PSA) – This PSA was intended to promote public awareness and would benefit program implementation. The Committee recommends that this PSA begin airing on the City’s local television channel. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Alternative selection will continue implementation of the historic preservation ordinance th adopted on December 7 as part of the LDR rewrite. FI: Depending on option selected and action taken. See attached Historic ISCAL MPACT Preservation Program Implementation Matrix for description and estimates of cost for each option. Note that there currently is no appropriation of funds for this program in the 2010-11 Budget. Authorization to proceed will require an appropriation of funds also. A: Suspend action while further information is obtained, or take no action thereby LTERNATIVES halting implementation of the program. The decision to halt program implementation may warrant the reconsideration or rescinding of the historic preservation regulations adopted on th December 7 as part of the LDR rewrite. 276 of 387 10. 1 HISTORIC PRESERVATION PROGRAM IMPLEMENTATION Full time Part time Preservation In-house planning In-house planning staff In-house planning staff Task List Preservation Planner Planner (contract) & in-staff only & consultant for re-& consultant for re- (Ad Hoc Comm. house planning staff survey survey and as-needed recommendation) basis . Compile a history of the City, 0 weeks 0 weeks 2 weeks 0 weeks 0 weeks its development, and *would be part of *would be part of *contained within *would be part of consultant re-surveyconsultant re-survey architectural styles. previous survey consultant re-survey Survey, research, complete 12 weeks20 weeks 68 weeks 20 weeks 20 weeks reports for creating historic (re-survey +/- (re-survey +/- (re-survey +/- districts. $50,000) $50,000) $50,000) Survey, research, complete 12 weeks12 weeks 12 weeks 20 weeks 12 weeks National Register designations. Compile Design Guidelines. 16 weeks20 weeks 24 weeks24 weeks 24 weeks Grant applications. 6 weeks6 weeks 6 weeks6 weeks 6 weeks Prepare and submit Florida 2 weeks2 weeks 2 weeks 8 weeks 8 weeks Master Site File forms. 7. Working towards Certified 8 weeks8 weeks8 weeks8 weeks 8 weeks Local Government (CLG) status. 8. Compiling information for 4 weeks4 weeks 6 weeks 6 weeks6 weeks preservation section on City website. Preparation of application 2 weeks2 weeks 2 weeks2 weeks 2 weeks forms for alterations, waivers, etc. Meeting with other City 2 weeks2 weeks 2 weeks2 weeks2 weeks departments to describe the preservation program. Total weeks 66 weeks 76 weeks 144 weeks 88 weeks 82 weeks 12 Contract services n/an/an/a $31,200$5,000 3,4 $81,200 3,43,4 Net Budget Increase $71,400 None $50,000 $55,000 (contract cost & st3 (1 full year) (Salary + benefits) (Training/Classes) $50,000 for re-survey) 1Part-time contract work based upon 10 hours per week for 52 weeks at $60 per hour 2$5,000 proposed for technical expertise for difficult Board cases or when expert witness is necessary. 3Excludes costs associated with classes, workshops, seminars and other training opportunities necessary for staff. 277 of 387 4$50,000 is the estimated consultant fee for a historic survey update. Cost may be off-set with historic preservation matching grant; the next application cycle is 11/1/2011, with dollars being available 7/1/12. * Costs are estimates only and exclude related ancillary costs, such as supplies. 278 of 387 HISTORIC PRESERVATION PROGRAM IMPLEMENTATION Full time Part time Preservation In-house planning In-house planning staff In-house planning staff COST Preservation Planner Planner (contract) & in-staff only & consultant for re-& consultant for re- (Ad Hoc Comm. house planning staff survey survey and as-needed recommendation) basis 1 YEAR 1 $10,400 None 12 $23,800 None $5,000 3 YEAR 2$71,400 $81,200 4 None$50,000 $55,000 YEAR 3 $71,400 $31,200 $5,000 NoneNone $166,600 5555 TOTAL $122,800 None $50,000 $65,000 (for first 3 years) 5Cost based upon only 4 months, assuming a June 1, 2011 start date. 6$5,000 proposed for technical expertise for difficult Board cases or when expert witness is necessary. 7This figure consists of the $50,000 that is estimated for the consultant fee for a historic survey update, plus the contract cost for part-time preservation planner services. 8$50,000 is the estimated consultant fee for a historic survey update. This cost has been placed in the second fiscal year to coincide with potential matching grant opportunities to help off-set the City’s cost. The next application cycle is 11/1/2011, with dollars being available 7/1/12. 9Excludes costs associated with classes, workshops, seminars and other training opportunities necessary for staff. * Costs are estimates only and exclude related ancillary costs, such as supplies. ** Salaries & Contracts assume no increases in wages. 279 of 387 11. B UNFINISHED BUSINESS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Further discussion regarding process/timeline for EQUESTED CTION BY ITY OMMISSION Independent CRA Board appointments. ER: Please see the attached email from Mayor Rodriguez requesting this item XPLANATION OF EQUEST come before the Commission for further discussion. On 1/6/11 staff sent an email to the Commission requesting completion of the CRA ranking form in accordance with the Commission’s direction on December 7, 2010. The motion was as follows: “Commissioner Holzman moved to direct staff to order for selection purposes, rank the individuals one st through ten, collected by staff, calculated, returned and put up for motion at the February 1 meeting. th Commissioner Hay seconded the motion. Commissioner Orlove amended the month to January 18, before the Commission meeting. Mayor Rodriguez clarified on January 18, 2011, the Commission would have the rankings into the City Manager’s office and individual motions for approval, based on the rankings and to invite the candidates to the downtown planning session, and then rank them on the first of February. The motion passed.” Due to the change in the workshop date to February 17, 2011, Mayor Rodriguez is requesting the City Commission delay their rankings until after this date. Attached please find the CRA Ranking Form and the Joint CRA/City Commission Workshop Agenda. H? Depending on Commission action, possible OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES change in CRA appointment process/timeline. FI: n/a ISCAL MPACT 280 of 387 A: Do not discuss/take no action; revise appointment timeline; LTERNATIVES 281 of 387 CRA Candidate Ranking Form 1/12/2011 Candidate Nam: Rank (1-10) (nams listed alphabetically) James Buchanan Edward Cairo R. Ree Daniel Michael Grosh Nancy Hogan Mark Karageorge Revia Lee David Madigan Martha Meeks-Light Genevieve Morris For example: 1 = Your first choice 2 = Your second choice 3 = Your third choice - and so forth - please fill in all of the boxes 282 of 387 283 of 387 13. A LEGAL January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE 11-001 - SECOND EQUESTED CTION BY ITY OMMISSION READING. Approve the abandonment of a Utility Easement for The Peninsula at Boynton Beach project at 2660 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. ER: The applicant is requesting abandonment of a platted utility XPLANATION OF EQUEST easement at The Peninsula at Boynton Beach project located at the City’s northern limits. The Peninsula was approved on July 5, 2005 for 30 townhomes and 40 condominiums. In November, 2007, the Plat of Peninsula IPUD was approved, and recorded into public record in January, 2008. All easements indicated on the plat were dedicated to the City for public purposes. The plat also includes a pre-existing utility easement located on the east side of the site that previously served a lift station for the former mobile home park use on the property. The ten (10) foot-wide utility easement generally runs in a north-south direction then curves to the east, and contains approximately 1,422 square feet.A newly built 5-story condominium building encroaches the subject utility easement. Staff has determined that the utility easement does not contain any utilities and will not contain any utilities in the future, and therefore does not serve a public purpose. All utility companies have been notified and there were no objections to the requested abandonment. Engineering staff noted it is far simpler to approach this easement abandonment as submitted than to seek to re-plat the property. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 284 of 387 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 10 FOOT WIDE BY 135 FEET LONG UTILITY EASEMENT, LOCATED AT 2660-2700 NORTH FEDERAL HIGHWAY, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Manuel Martinez of The Altman Companies, Inc., as agent for Boynton Real Estate, LLP, is requesting that the City abandon a 10 foot wide by 135 feet long utility easement located at 2660-2700 North Federal Highway, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning & Zoning Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the utility easement does not contain any utilities and will not contain any utilities in the future and, therefore no longer serves a public purpose, and the City Commission adopts that finding. 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 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide by 135 feet long utility easement located at 2660-2700 North Federal Highway in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: Utility Easement approximately 135 feet in length and 10 feet in width located on parcels “G” and “J” of the plat of Peninsula IPUD, recorded in Plat Book 111, Page 15, of the Public Records of Palm Beach County, Florida Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 1,422 square feet more or less. A location map is attached hereto as Exhibit “A.” Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. 285 of 387 FIRST READING this ____ day of , 2011. SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2011. 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) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 10 foot wide by 135 feet long utility easement located at 2660-2700 North Federal Highway in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: Utility Easement approximately 135 feet in length and 10 feet in width located on parcels “G” and “J” of the plat of Peninsula IPUD, recorded in Plat Book 111, Page 15, of the Public Records of Palm Beach County, Florida Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 1,422 square feet more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2011. ATTEST: CITY OF BOYNTON BEACH, FLORIDA 286 of 387 ___________________ _________________________ Janet M. Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Kurt Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2011. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 287 of 387 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-071 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: November 15, 2010 SUBJECT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. NATURE OF REQUEST Manuel Martinez of The Altman Companies, Inc., as agent for Boynton Real Estate, LLLP, property owner, is requesting to abandon a platted utility easement at 2660-2700 North Federal Highway. The subject property is classified Special High Density Residential (SHDR) land use and zoned Infill Planned Unit Development (IPUD). The Peninsula at Boynton Beach project was approved for 30 townhome units and 40 condominium units. The project is partially completed due to foreclosure, however the subject property has recently been purchased and further construction is planned. The location map attached as Exhibit "A” shows the general vicinity of the subject property at the City’s northern limits. The plat of Peninsula IPUD depicts the location of the utility easement on the subject property (see Exhibit “B”). The ten (10) foot-wide utility easement generally runs in a north-south direction then curves to the east, and contains approximately 1,422 square feet. A sketch and legal description of the subject utility easement is attached as Exhibit “C”. The easement requested to be vacated lies within platted parcels “G” and “J” on the east side of the subject property. The application submitted provides the following justification for the abandonment: “the platted easement is being vacated because it does not have any public utilities and will not have any public utilities in the future. The easement serves no public purpose. Further, a newly built 5-story building encroaches on this easement”. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Developed commercial property (Gateway Marina) within the Town of Hypoluxo, classified Residential-Multiple Family (RH) land use and zoned Commercial Marine (CM); South: Vacant property classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD) with an approved master plan for a marina use (Casa del Mar Yacht Club); East: Right-of-way for the Intracoastal Waterway; and 288 of 387 West: Right-of-way for U.S. 1 and then right-of-way for Florida East Coast Railroad. BACKGROUND The project known as The Peninsula at Boynton Beach was approved on July 5, 2005 for 30 townhomes and 40 condominiums. In November, 2007, the Plat of Peninsula IPUD was approved, and recorded into public record in January, 2008. All easements indicated on the plat were dedicated to the City for public purposes. The plat includes pre-existing utility easements along the north and south property lines, as well as a pre-existing utility easement located on the east side of the site. The subject request is for abandonment of the easternmost utility easement shown on the plat. There are no existing utilities within the subject utility easement, and there are no utilities are planned, therefore it does not serve any public purpose. In addition, the existing 5-story condominium building encroaches the subject utility easement. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. All utility companies have been notified and the abandonment request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection (It is far simpler to approach this easement abandonment/vacation as submitted than to seek to replat the property). Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection AT & T - No objection Florida Public Utilities - No objection Comcast - No objection RECOMMENDATION Staff has determined that the subject utility easement does not contain any utilities and will not contain any utilities in the future and therefore does not serve a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon the subject 10-foot wide utility easement. Staff does not recommend any comments in Exhibit “D” - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\ABAN 11-001\Staff Report.doc 289 of 387 290 of 387 291 of 387 292 of 387 293 of 387 EXHIBIT "D" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: ABAN 11-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None 294 of 387 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Peninsula@Boynton Beach\ABAN 11-001\COA.doc 295 of 387 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Peninsula at Boynton Beach Abandonment of Utility Easement (ABAN 11- 001) APPLICANT’S AGENT: Manuel Martinez, The Altman Companies, Inc. AGENT’S ADDRESS: 1515 S Federal Hwy, Suite 300, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 4, 2011 and January 18, 2011 TYPE OF RELIEF SOUGHT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 2660-2700 N Federal Hwy DRAWING(S): SEE EXHIBITS “B” AND “C” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 296 of 387 S:\Planning\SHARED\WP\PROJECTS\Peninsula@BoyntonBeach\ABAN 11-001\DO.doc 297 of 387 13. B LEGAL January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion on creation of Charter Review Committee to EQUESTED CTION BY ITY OMMISSION review the City Charter to make recommendations to the City Commission as to whether a provision should be changed, remain the same, be deleted, or new provisions added. ER: At the January 4, 2011 City Commission meeting, the City Commission XPLANATION OF EQUEST requested information related to the process of establishing a Charter Review Committee to review the City's Charter and recommend amendments to the Charter. Boynton Beach does not have a specific requirement for the establishment of a charter review committee. Several of the communities that we researched have, as part of their charter, a provision that establishes a charter review committee. Prior changes to the Boynton Beach Charter were discussed at the City Commission level. The proposal is for a Committee to undertake review of the current Charter and make recommendations to the City Commission for consideration. Those amendments which the City Commission desires to enact, are then presented to the registered electors within the City for consideration at a referendum election. If a majority of the registered electors vote in favor of the amendment, the amendment is approved and the City's Charter would be amended accordingly. Based on our research, typically a Charter Review Committee for a municipality consists of five or seven members who serve by appointment of the City Commission. The Charter Review Committee meets once or twice a month for a period of time which will allow the Charter Review Committee members to review, discuss, and then forward recommendations for amendments to the City Charter to the City Commission. The City Commission must receive the recommendations at a time that allows the City Commission to discuss, review, and then place the items before the electors at a referendum through the adoption of a Resolution. The referendum election is usually held in conjunction with a municipal election since the City would otherwise incur significant costs for a special election. 298 of 387 A copy of the Current City Charter, summary of the last Charter Amendments approved in the November 2002 referendum, copies of the minutes of Commission meetings when the amendments were discussed, and the authorizing Ordinances are attached for your review and to provide insight on how the process last occurred. . H ? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The Charter Review Committee will be subject to Sunshine Law therefore Notices of ISCAL MPACT meetings will be published and the attendance of a recording secretary to prepare minutes will be required. Those requirements add administrative costs. A: 1. Take no action and amendment charter on an as needed basis. LTERNATIVES 2. Administrative review and recommendation of Charter Amendments. 3. City Commission review of Charter without assistance of committee. Attachments: a. Current Boynton Beach Charter b. Charter Review Committee Information from other Communities including: 1) City of North Miami Beach – web page and Resolution 2008-10 2) City of Tallahassee – web page and Section 134 of their Charter 3) City of North Port – web page and copies of Ordinances 89-23, 92-3 and 92- 17 creating and amending the Charter Review Advisory Board 4) City of West Palm Beach – Charter Review Committee web page 5) City of Parkland – Charter Review Board web page 6) City of Crystal River – Charter Review Committee web page c. Historical information on the actual charter changes in Boynton Beach in 2002, including: 1) Agenda and minutes from the August 20, 2002 City Commission meeting where the second reading of the Ordinances were read and approved. 2) Summary of each issue placed on the ballot 3) Copies of agenda cover sheets and Ordinances for Charter Amendments in 2002 299 of 387 300 of 387 301 of 387 302 of 387 303 of 387 304 of 387 305 of 387 306 of 387 307 of 387 308 of 387 309 of 387 310 of 387 311 of 387 312 of 387 313 of 387 314 of 387 315 of 387 316 of 387 317 of 387 318 of 387 319 of 387 320 of 387 321 of 387 322 of 387 323 of 387 324 of 387 325 of 387 326 of 387 327 of 387 328 of 387 329 of 387 330 of 387 331 of 387 332 of 387 333 of 387 334 of 387 335 of 387 336 of 387 337 of 387 338 of 387 339 of 387 340 of 387 341 of 387 342 of 387 343 of 387 344 of 387 345 of 387 346 of 387 347 of 387 348 of 387 349 of 387 350 of 387 351 of 387 352 of 387 353 of 387 354 of 387 355 of 387 356 of 387 357 of 387 358 of 387 359 of 387 360 of 387 361 of 387 362 of 387 363 of 387 364 of 387 365 of 387 366 of 387 367 of 387 368 of 387 369 of 387 370 of 387 371 of 387 372 of 387 373 of 387 374 of 387 375 of 387 376 of 387 14. A FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider recommendation of Advisory Committee for EQUESTED CTION BY ITY OMMISSION renaming of Jaycee Park - 02/01/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 377 of 387 14. B FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 02/01/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 378 of 387 14. C FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Amendment to Police Officers' Pension Trust Fund - EQUESTED CTION BY ITY OMMISSION 02/01/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 379 of 387 14. D FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Contract award for construction of Congress Avenue EQUESTED CTION BY ITY OMMISSION Barrier Free Park - 02/01/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 380 of 387 14. E FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Interlocal Agreement with the Town of Hypoluxo for Fire EQUESTED CTION BY ITY OMMISSION and Rescue Services - 02/15/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 381 of 387 14. F FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of local transportation options - 03/01/11 EQUESTED CTION BY ITY OMMISSION ER: Status report on comparative research done with the Wellington XPLANATION OF EQUEST Para-Taxi Program, the current Shopper Hopper and other program options related to transportation coordination with Palm-Tran, Tri-Rail and other transportation services funded by non-profits. H? Budget constraints require that the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Shopper Hopper program be evaluated for effectiveness each year. Other communities have been experimenting with taxi subsidy programs and other specialized transportation programs to meet the needs of citizens that might not be available through conventional means. FI: ISCAL MPACT A: LTERNATIVES 382 of 387 14. G FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS 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 383 of 387 14. H FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 384 of 387 14. I FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 385 of 387 14. J FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Geographic boundaries for City of Boynton Beach voting EQUESTED CTION BY ITY OMMISSION districts - (TBD) ER: The Boynton Beach City Charter, Article II. City Commission, Sec. XPLANATION OF EQUEST 17(g) Composition, election, terms, vacancies states that “Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. 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.” The last re-districting project was done in 2005 by the Florida International University Metropolitan Center at a cost of $35,200. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 386 of 387 14. K FUTURE AGENDA ITEMS January 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 18, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of a proposed committee to be assigned to EQUESTED CTION BY ITY OMMISSION explore a Green Market for the City of Boynton Beach in 2011 - TBD ER: The City Commission originally discussed this matter at the XPLANATION OF EQUEST November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market th Program outlined at their meeting of December 14. The CRA Board authorized the use of a consultant for a limited feasibility study with active participation of City and CRA staff in data gathering and discussion. H? Unknown at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth ISCAL MPACT and Port St. Lucie Green Markets should be obtained. A: Information LTERNATIVES 387 of 387