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Agenda 03-01-11 Searchable The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 Boynton Beach Boynton Beach TUESDAY, MARCH 1, 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 448 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of this season's series of concerts at the Civic Center by the James E. Buffan Gold Coast Band and the Bob Roberts Society Orchestra B. Present Proclamation to the Boynton Beach Firefighters in appreciation of their work on behalf of the Muscular Dystrophy Association and announcement of Firefighter Appreciation Month – March 2011. C. Announcing the Movies on the Ave film for March 4, 2011 D. Announcing the Ocean Avenue Concert for March 18, 2011 E. Announce the 2nd Annual Mayor's Challenge Run/Walk on March 19, 2011 F. Presentation of Tribute to Lena Rahming for her commitment to improving the quality of life for her community. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Accept the resignation of Candace Killian, a regular member of the Planning and Development Board 3 of 448 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on February 1, 2011. B. Approve proposed expansion of the Memorial Brick Area at Veterans' Bicentennial Park. C. Review and accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the four (4) month period ended January 31, 2011. D. Approve the “OCEAN BREEZE WEST” Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper) and provide direction regarding Park Impact Fee collection. E. PROPOSED RESOLUTION NO. R11-032 - Approve and authorize the City Manager to sign Amendment No. 1 for a Change in Scope to Task Order #U07-15-14 with AECOM USA, Inc. F. PROPOSED RESOLUTION NO. R11-033 - Approve renewal of Agreement with Federal Property Registration Corporation (F.P.R.C.) for administration of the City's Vacant Property Registration Ordinance to include a registration fee increase from $150 to $200. G. PROPOSED RESOLUTION NO. R11-034 - Designate the City of Boynton Beach Canvassing Board for the General Election to be held on Tuesday, March 8, 2011 H. PROPOSED RESOLUTION NO. R11-035 - Approve the first Amendment to the Interlocal Agreement (ILA) between the City of Boynton Beach and Palm Beach County to amend the original ILA (R09-021) for the lease of four (4) transit coaches extending the term from January 1, 2013 to January 1, 2016, replacing the existing buses, and increasing the total lease fee from $40 to $70. I. Appoint a committee to review renaming requests for Veterans Park, Veterans Bicentennial Park and Boat Club Park, and then forward their recommendation back to the Commission J. Appoint review committee to consider nomination to re-name Boynton Beach Child Care Center after Lena Rahming. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-036 - Award for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID #021-2821-11 to Allied Universal Corporation of Miami, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $350,000. CONTRACT PERIOD: March 2, 2011 through March 1, 2012 4 of 448 B. PROPOSED RESOLUTION NO. R11-037 - Award a one (1) year extension to the "Annual Contract for Medical and Drug Supplies", Bid No. 025-1412-10/JA to three vendors. This is a joint bid with the City of Delray Beach, (Bid No. 2009-04). The projected annual expenditure for these Warehouse stocked supplies is $118,000. This is for medical supplies used by BBFRD EMS. CONTRACT PERIOD: February 18, 2011 through February 17, 2012. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. B. PROPOSED ORDINANCE NO. 11-011 - FIRST READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers’ Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. 10. CITY MANAGER’S REPORT A. Inform the Commission regarding the recommendation from the Recreation & Parks Advisory Board to not convert Pence Park into a dog park. B. Discussion of re-districting the geographic boundaries for the City of Boynton Beach voting districts C. Project update on Amendment to Department of Energy EECBG application D. Follow-up discussion on red light camera enforcement program 11. UNFINISHED BUSINESS None 5 of 448 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-002 - SECOND READING - Approve the establishment of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean Avenue, between the F.E.C. Railroad and Seacrest Boulevard, modifying the Land Development Regulations by establishing revised development standards and uses consistent with, and implementing the vision contained within the Downtown Master Plan. Applicant: City initiated B. PROPOSED ORDINANCE NO. 11-009 - SECOND READING - Establishing a CRA Board comprised of the members of the City Commission plus two other members appointed by the City Commission C. PROPOSED ORDINANCE NO.11-010 - SECOND READING - Appointing two (2) additional members to the Boynton Beach Community Redevelopment Agency Board D. PROPOSED ORDINANCE NO. 11-012 - FIRST READING - Amending attendance requirements of the Financial Advisory Committee 14. FUTURE AGENDA ITEMS A. Discussion of local transportation options including review of Wellington alternative transportation program - 03/15/11 B. Charter Review Committee timeline and scope of work - 3/15/11 C. Recommendation from Purchasing for Engineering Task Order RFQ - 3/15/11 D. Configuration of Special Events Committee, scope, opportunities to consolidate coordination, timeline and expected gains - 3/15/11 E. Follow-up on Joint City/CRA Downtown Workshop of 2/17/11 - Tentative April 5, 2011. F. City of Boynton Beach Green Building Program Ordinance - 4/05/11 G. Climate Action Plan Implementation Status Report - 4/05/11 H. Sister Cities Presentation - 4/05/11 I. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 4/19/11 J. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11 K. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 6 of 448 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. 7 of 448 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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:Announcement of this season's series of concerts at the EQUESTED CTION BY ITY OMMISSION Civic Center by the James E. Buffan Gold Coast Band and the Bob Roberts Society Orchestra ER: The Recreation & Parks Department is proud to announce the XPLANATION OF EQUEST upcoming series of concerts at the Civic Center by two great musical groups. The Gold Coast Band is a musical orchestra comprised of more than 70 musicians of all ages. The band performs Broadway tunes, marches and popular music programs. Their concerts will be held on March 10, April 14 and May 12 beginning at 7:30. Admission is $7 at the door. The Civic Center also hosts the Bob Roberts Society Orchestra, which features music to dance by from the 20’s, 30’s and 40’s. The community can enjoy this great 16 piece band on Fridays from 1:30 – 3:30 through April. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: These programs are funded within the Recreation & Parks Department ISCAL MPACT Program Revenue Fund. Expenses are covered by revenue/fees collected. A: Do not make the announcement. LTERNATIVES 8 of 448 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 03/01/2011 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:Present Proclamation to the Boynton Beach Firefighters in EQUESTED CTION BY ITY OMMISSION appreciation of their work on behalf of the Muscular Dystrophy Association and announcement of Firefighter Appreciation Month – March 2011. ER: The Muscular Dystrophy Association has requested a XPLANATION OF EQUEST Proclamation in appreciation for the work of the Boynton Beach Fire Rescue Department, which each year raises funds for MDA through their “Fill the Boot” campaign. In 2010, the Boynton Beach Firefighters, Local 1891, collected $26,281 for those affected by neuromuscular diseases. Brandy Miller, from Muscular Dystrophy Association, will represent the organization. This is a Proclamation that the City has presented annually. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the invaluable work preformed by the Boynton Beach Fire Rescue Department on behalf of the Muscular Dystrophy Association. In addition, it will raise awareness that Firefighters across the country collect millions of dollars each year for MDA research and associated programs with their annual “boot drives”. FI: None ISCAL MPACT A: Do not present this Proclamation LTERNATIVES 9 of 448 Proclamation Whereas, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens, and Whereas , in addition to their daily service to our communities, firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 57 years in the fight against neuromuscular diseases, and Whereas , since our nation’s firefighters’ involvement began in 1954 they have raised over $275 million nationwide--including over $26,000 in Boynton Beach with their 2010 “Fill-the-Boot” campaign for the MDA--again making America’s firefighters the MDA’s largest source of funding, and Whereas, the Muscular Dystrophy Association is extremely grateful to Boynton Beach firefighters for their support and dedication, and Whereas , the funds collected by the Boynton Beach firefighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families, and Whereas , in honor of the efforts of the Boynton Beach Fire Rescue Local 1891, the Muscular Dystrophy Association is sponsoring “Boynton Beach Firefighter Appreciation Month,” and Whereas , it is appropriate for all Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. Now, therefore be it resolved that the City of Boynton Beach does hereby proclaim the month of March as BOYNTON BEACH FIREFIGHTER APPRECIATION MONTH And commend all of Boynton Beach for their efforts on behalf of the Muscular Dystrophy Association. 10 of 448 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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:Announcing the Movies on the Ave film for March 4, 2011 EQUESTED CTION BY ITY OMMISSION ER: Friday, March 4, 2011 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST THE SOCIAL NETWORK Boynton Beach will present a Movies on the Ave film screening, featuring PG-13. This FREE event will take place from 6:00 to 8:00 at the Ocean Avenue Amphitheatre PM PM next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 11 of 448 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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:Announcing the Ocean Avenue Concert for March 18, EQUESTED CTION BY ITY OMMISSION 2011 ER: Friday, March 18, 2011 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST WILDFIRE playing a variety of Boynton Beach will present an Ocean Avenue Concert, featuring Reggae, Calypso and Island Music . This FREE concert will take place from 6:00 to 9:00 at the PM PM Ocean Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and Drinks will be available for purchase. Please bring your folding chairs and be prepared to dance the night away. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 12 of 448 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 nd RACC:Announce the 2 Annual Mayor's Challenge Run/Walk on EQUESTED CTION BY ITY OMMISSION March 19, 2011 nd ER: On Saturday, March 19, 2011 Boynton Beach will host the 2 XPLANATION OF EQUEST Annual Mayor’s Challenge Run/Walk. Registration begins at 7:30 AM at 129 East Ocean Avenue right next to the Schoolhouse Children’s Museum. Register early and receive a free event t-shirt. Continental breakfast provided by Two Georges Waterfront Grille after the run/walk. Activities include; a family sidewalk chalk contest, Jazzercise warm-up, vendors with free give-a ways, Steele Drum band and lots of fun for the entire family. Ample free parking onsite. No pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Funding provided by CRA, and several community sponsors. ISCAL MPACT A: LTERNATIVES 13 of 448 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 2001 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:Presentation of Tribute to Lena Rahming for her EQUESTED CTION BY ITY OMMISSION commitment to improving the quality of life for her community. ER: This tribute is to honor the life and passing of Lena Rahming, who XPLANATION OF EQUEST in her lifetime, has made valuable contributions to society. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow presentation LTERNATIVES 14 of 448 15 of 448 5. A ADMINISTRATIVE March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 16 of 448 Appointment Length of Term To Be Made Board Expiration Date II Hay Arts Commission Alt 1 yr term to 12/11 III Holzman Bldg. Bd. of Adj & Appeals Alt 1 yr term to 12/11 Tabled (3) IV Ross Bldg. Bd. Of Adj & Appeals Reg 3 yr term to 12/12 Tabled (3) II Hay Cemetery Board Reg 3 yr term to 12/13 Tabled (3) III Holzman Cemetery Board Alt 1 yr term to 12/11 II Hay Community Relations Board Alt 1 yr term to 12/11 Tabled (3) III Holzman Community Relations Board Alt 1 yr term to 12/11 Tabled (3) II Hay Education & Youth Advisory Board Stu 1 yr term to 12/11 Tabled (2) I Orlove Education & Youth Advisory Board Stu N/V 1 yr term to 12/11 Tabled (2) I Orlove Financial Advisory Committee Alt 1 yr term to 6/11 Tabled (3) II Hay Financial Advisory Committee Alt 1 yr term to 6/11 IV Ross Firefighters Pension Trust Fund Reg 4 yr term to 12/14 Tabled (3) I Orlove Library Board Alt 1 yr term to 12/11 Mayor Rodriguez Planning and Development Board Alt 1 yr term to 12/11 Tabled (3) I Orlove Planning and Development Board Alt 1 yr term to 12/11 IV Ross Recreation & Parks Board Alt 1 yr term to 12/11 Tabled (3) I Orlove Veterans Commission Alt 1 yr term to 12/11 Tabled (3) II Hay Veterans Commission Alt 1 yr term to 12/11 Tabled (3) S:\CC\WP\BOARDS\APPMENTS\Board Year 2011\Appointments 01-18-11.doc 17 of 448 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 03/01/11 stndrd Last Name First Name 1 Choice 2 Choice 3 Choice NONE 18 of 448 5. B ADMINISTRATIVE March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 Candace Killian, a regular EQUESTED CTION BY ITY OMMISSION member of the Planning and Development Board ER: Candace Killian has submitted her resignation stating the reason XPLANATION OF EQUEST for the request. H? The Planning and Development Board will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 19 of 448 20 of 448 6. A CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 February 1, 2011. The City Commission met on February 1, 2011 in a regular meeting and minutes were prepared from the notes taken at the meeting. 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 21 of 448 22 of 448 23 of 448 24 of 448 25 of 448 26 of 448 27 of 448 28 of 448 29 of 448 30 of 448 31 of 448 32 of 448 33 of 448 34 of 448 35 of 448 36 of 448 37 of 448 38 of 448 39 of 448 40 of 448 6. B CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 proposed expansion of the Memorial Brick Area EQUESTED CTION BY ITY OMMISSION at Veterans' Bicentennial Park. ER: The Boynton Veterans’ Advisory Commission voted on January 12, XPLANATION OF EQUEST 2011, to recommend to the City Commission to expand the Memorial Brick Area at Veterans’ Bicentennial Park, by 100 bricks. H? No direct impact to City Programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Services. Recreation and Parks Department is currently maintaining this park. FI: The Boynton Veterans’ Council has agreed to fund this project at no cost to ISCAL MPACT the City. The Boynton Veterans’ Council will obtain funding for this project through the sale of memorial bricks to individual purchasers. The original bricks were purchased, as part of the park development, by the City. The Boynton Veterans’ Council replaced the original bricks with engraved memorial bricks. With this expansion, the Boynton Veterans’ Council will purchase memorial bricks to be sold and placed in the newly expanded area. The memorial bricks are replacing bricks of a different dimension. The Boynton Veterans’ Council will assume the cost of replacing the bricks. A: Reject the offer of the Boynton Veterans’ Council LTERNATIVES 41 of 448 42 of 448 43 of 448 44 of 448 6. C CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 FY 2010 -11 Budget Status Report EQUESTED CTION BY ITY OMMISSION of General Fund & Utility Fund Revenues & Expenditures for the four (4) month period ended January 31, 2011. ER: As in prior monthly reports, we are summarizing and providing this XPLANATION OF EQUEST analysis of actual revenues and expenditures of the City’s General Fund and Utility Fund for the four month period ended January 31, 2011 (33% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management, FI: The fiscal impact of the actual budgetary results to date for the General Fund ISCAL MPACT and the Utility Fund follow. GENERAL FUND The FY 2011 annual budget of $68.5 million represents a 3% 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 fund balance appropriation of $59 thousand and 45 of 448  Transfers from other funds of $27.0 million representing 39% of all fund sources. For the four months in FY 2011,  Revenues and transfers realized are $34.6 million (51%) of the budget estimate.  Expenditures incurred are $23.1 million (34%) of the annual appropriated budget. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 34,66051%$ 70,517$ 36,370 52%-3%-5% Expenditures$ (68,551)$ (23,179) 34%$ (70,517)$ (21,478)30%-3%8% Excess (Deficit)$ -$ 11,481$ -$ 14,892 The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $34.6 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. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the 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 proportionally 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 Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. 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 $ 23.1 million (34%) of the $68.5 million expenditure appropriation for FY 2011. The current appropriation represents a 3% decrease of $2 million compared to FY 2010. The graph at the bottom of Exhibit B displays actual expenditures of $23.1 million are moderately ahead with the budget compared to the $21.4 million actual spending levels in FY 2010 for this same period. Police and Fire spending levels are the major cause of the higher spending levels in total. At the 33% part of the fiscal year behind us, their spending levels in FY 2011 compared to FY 2010 are”  Police FY 2011 = 35% expended compared to 31% at this same point in FY 2010  Fire FY 2011 = 35% expended compared to 30% at this same point in FY 2010 46 of 448 . Staff has been alerted to this comparison and is looking into the reasons. UTILITY FUND The FY 2011 annual expenditure budget of $31.9 million represents 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 for the year based on the approved budget. For the four months in FY 2011,  Revenues realized are $11.2 million (35%) of the annual budget estimate.  Expenditures incurred are $10.6 million (33%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $0.6 million. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967 $ 11,290 35%$ 32,465 $ 11,085 34%-2%2% Expenditures$ (31,967)$ (10,673)33%$ (32,465)$ (10,005)31%-2%7% Excess (Deficit)$ -$ 617 $ -$ 1,080 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $11.2 million in FY 2011 revenues and fund balance increase substantially equals the $11.0 million to date in FY 2010, because of two factors:  Water Sales - $5.9 million equivalent to 35% of the annual estimate, compared to $5.5 million (36%) at this point in FY2010.  In FY2011, $4.3 million is being recognized as added revenues to fund balance, compared to added revenues of $2.4 million in FY2010. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $10.6 million or 33% of the annual appropriation compared to expenditures of $10.0 million or 31% for the prior fiscal year. Early Cost Savings Projection for Hiring Limitations and 2011 Voluntary Separation Program: The City has deployed an amended hiring freeze since February 2007. The program requires detailed justification for hiring replacement staff. There are exceptions to this: police officers, firefighter/paramedics and communications operators. All other positions are subject to limitations on hiring. In some cases, full-time positions have been replaced with part-time personnel or in other cases, the positions remain unfilled. In FY 2009-2011, the total savings with this program for full-time personnel was $ 1.98M For the same year, the savings for limitations of part-time hiring was $ 143,000. Early projections for 2010-11 (based on vacancies as of February 2011) show a possible savings of $600,000 for full-time personnel and $74,000 for part-time personnel. In addition, staff will be assessing the savings from the 47 of 448 2011 Voluntary Separation Program (VSP) which commences on April 1, 2011. In 2009-10, the City saved $ 250,000 in future salary and benefits from this program. This was based on 14 employees participating in the 2010 program. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 48 of 448 49 of 448 50 of 448 51 of 448 52 of 448 6. D CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 “OCEAN BREEZE WEST” Record Plat EQUESTED CTION BY ITY OMMISSION conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper) and provide direction regarding Park Impact Fee collection. ER: The record plat review for this task commenced on August 30, 2010 to XPLANATION OF EQUEST which the second and final review was completed on December 14, 2010. Noted plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented, subject to final signatures by the City Engineer and the Mayor. This plat will consist of 21 single family lots, replacing those “Boynton Terrace West” apartments that were damaged and removed after Hurricane Wilma. Park and Recreation Impact Fees Chapter 2, Article VI of the City’s current 2010 Land Development Regulations requires the payment of Park and Recreation Impact Fees, or a donation of land in lieu, for any new residential dwelling units. This provision of the Land Development Regulations dates originally to Ordinance 02-016 when the fees were first implemented. The current rate for single family units as adopted by Ordinance 06-057 is $1,418 per dwelling unit yielding a total cost of $29,778. City Code further allows for a credit for fees paid for dwelling units that may have existed prior to the current regulation. However, there can be no fee credits in this scenario because the Boynton Terrace Apartments provided on site playgrounds and did not pay a Park and Recreation Impact Fee (no such fee existed in 1980 when Boynton Terraces were approved). According to current City Code, the Park and Recreation Impact Fee must be collected prior to the issuance of a building permit or prior to approval of a plat, whichever occurs first. The City Commission 53 of 448 can waive the developer/property owner payment of these fees but to do so the City assumes that duty and “shall pay from legally available funds the amount of such impact fees..”. This plat approval will require that Impact Fee payment be made. Please note that the final plat is not fully approved until the such time that the City Commission approves this requested action, all signatures are placed on the plat and final recordation with the County occurs. Therefore, the plat can be approved by the Commission now, and final recording withheld pending determination of the payment of Park and Recreation Impact Fees. City Staff finds the following options regarding Park and Recreation Impact Fee payment; 1.The CRA shall be required to pay the Park and Recreation Impact Fees in the amount of $29,778 prior to final recording of the plat, or 2.The City shall waive the fee and identify $29,778 in the current City budget to pay the fees as required by City Code prior to final recording of the plat, or H? The City will be providing utility support OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services to this project that the Community Redevelopment Area (CRA) is generating to add much needed housing to the area. However, no building permits can be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. FI: None. ISCAL MPACT A: Leave the land area vacant. LTERNATIVES 54 of 448 55 of 448 56 of 448 57 of 448 58 of 448 6. E CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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. R11-032 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the City Manager to sign Amendment No. 1 for a Change in Scope to Task Order #U07-15-14 with AECOM USA, Inc. ER: On September 3, 2008 the City assigned a Task Order to AECOM XPLANATION OF EQUEST USA, Inc. to provide a range of services related to the preliminary design of an anion exchange treatment system (pre-treatment) and raw water pumping station to be located at the West Water Treatment Plant site, as part of the City’s long-term plan for providing an adequate water supply to the service area. The chemical property of raw water in the west well fields is different that the raw water in the east plant area. This activity is a critical part of the project that will pre-treat water from the western wellfield, and transmit it to the East Water Treatment Plant for treatment and distribution to the City’s customers. The decision to proceed with connecting the two well fields was made based upon the Business Case Evaluation of 2006, which forecast the capital cost of the entire project (pipelines, anion exchange units, and pumping station) to be $26.6 million, with the anion exchange and pump station components comprising $12.14 million of that total project. The most recent planning cost estimate for these two components, based upon AECOM’s research to date, is $10.98 million. At the time the original task order was developed, several facts needed for the actual design of this system were not available, and therefore the task order included a number of tasks and sub-tasks to test, research and analyze several factors that could significantly impact the design. Some of those factors were: 59 of 448  Analyzing sand production from the western wellfield, and pilot testing two brands of filter strainers to effectively remove that sand before pre-treatment by the anion exchange units  Pilot testing two different types of anion exchange units to evaluate their effectiveness in achieving the desired contaminant removal levels  Determine size and hydraulic characteristics of the raw water pumping station  Review regulatory requirements that would impact the location and permitting of the new facilities  Provide reports discussing findings and conclusions on these factors The findings of the pilot tests for the filter strainers and anion exchange units, and discussions with the local regulatory agencies have allowed the consultant to issue a design report, dated March 4, 2010, which describes the type of system that should be built and provides a supporting rationale for that choice. With this information now available, we are able to revise the existing task order to include the following deliverable items: 1. Development of a design criteria package 2. Development of preliminary plans for the anion exchange units, process and pumping station 3. Development of the preliminary civil design for the site, including drainage layout and calculations 4. Development of preliminary electrical instrumentation and control system plans Development of the four items listed above will allow the department to issue a request for proposal (RFP) to construct these improvements through the “design-build” procurement method, which will in turn allow the City to meet it’s timeline for completing this work by January 2013, in accordance with its Water Use Permit from the South Florida Water Management District. Although this task order amendment re-defines the scope of work and the deliverables, it does not alter the total price of the existing the task order. H? This project will assure that the City has a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES reliable water supply in the near term and for the foreseeable future. FI: None. There is no change to the original value previously approved for this ISCAL MPACT task order. A: The anion exchange system and pumping station is a critical portion of the LTERNATIVES City’s program for water supply, as determined by the Business Case Evaluation. We see no reasonable alternative to constructing these systems within the time available in order to meet the requirements of the Water Use Permit. 60 of 448 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. U07-15-04 WITH METCALF AND EDDY, FOR ROUTE EVALUATION OF SECTION A OF THE WELLFIELD INTERCONNECTION LINE IN THE AMOUNT OF $515,406.00 PLUS A 10% OWNERS CONTINGENCY IN THE AMOUNT OF $51,541.00 FOR A TOTAL BUDGET APPROPRIATION OF $566,947.00; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on October 21, 2008, the City Commission of the Cityof Boynton Beach authorized the City Manager to execute Task Order #U07-15-04 with Metcalf and Eddy (k/n/a AECOM) to provide a range of services related to the preliminary design of an anion exchange treatment system and raw water pumping station to be located at the West Water Treatment Plant site; and WHEREAS, it is necessary to revise the existing Task Order to re-define the scope of work and the deliverables without altering the total price of the existing Task order; 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 authorize execution of Amendment No. 1 to Task Order U07-15-04 with AECOM (formerly Metcalf and Eddy). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve, authorize and direct the City Manager to execute Amendment No. 1 to Task Order U07-15-04 with AECOM (formerly Metcalf and Eddy), for a change in scope, 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 March, 2011. CITY OF BOYNTON BEACH, FLORIDA 61 of 448 ______________________________ 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) 62 of 448 63 of 448 64 of 448 65 of 448 66 of 448 67 of 448 68 of 448 69 of 448 70 of 448 71 of 448 72 of 448 73 of 448 74 of 448 75 of 448 76 of 448 77 of 448 78 of 448 79 of 448 80 of 448 81 of 448 82 of 448 83 of 448 84 of 448 85 of 448 86 of 448 87 of 448 88 of 448 89 of 448 90 of 448 91 of 448 92 of 448 93 of 448 94 of 448 95 of 448 96 of 448 97 of 448 98 of 448 99 of 448 100 of 448 6. F CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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. R11-033 - Approve EQUESTED CTION BY ITY OMMISSION renewal of Agreement with Federal Property Registration Corporation (F.P.R.C.) for administration of the City's Vacant Property Registration Ordinance to include a registration fee increase from $150 to $200. ER: As the housing foreclosure debacle continues to impact our XPLANATION OF EQUEST neighborhoods staff respectfully requests authorizing the City Attorney’s Office to draft a new Resolution and Agreement to partner with F.P.R.C. for another year. The purpose of the registration program is to provide a more effective way for the City to manage foreclosed properties without adding staff to Code Compliance. The program has been a success in that the City has a more effective method of requiring lending institutions to maintain empty homes so as to reduce incidence of neighborhood blight. The City of Boynton Beach was the first City in Palm Beach County to adopt this type of legislation requiring lenders (mortgagees’) to register vacant property to include maintenance at the time of foreclosure filing (lis pendins). Enclosed is Resolution 10-004 (Exhibit “A”) that includes the Agreement. The fee under the Agreement set forth in Resolution 10-004 is $150.00 that is split evenly between the City of Boynton Beach and F.P.R.C. In addition to Code Compliance finding properties in foreclosure as the result of Code violations F.P.R.C. routinely scans the public records and notifies the mortgagees’ of the need to register the properties thereby providing a “pro-active” tool in managing this program. This partnership is very successful and has resulted in the following benefits to the City of Boynton Beach:  FY 2009/10 Revenue: $100,200.00 101 of 448  October – January FY 2011 Revenue: $33,300.00  Registration of over 1480 vacant foreclosure properties  Significant voluntary compliance with our Codes It should be noted in meeting with F.P.R.C. in preparation for this request that staff is proposing an increase in the property registration fee from $150.00 up to $200.00. I’ve enclosed correspondence (Exhibit “B”) from Mr. Thomas Darnell of F.P.R.C. outlining the justifications for raising the registration fee. I believe you will find the fee increase is reasonable given the scope of work involved both by F.P.R.C. and the City of Boynton Beach. It should be noted the current agreement and contract contain conflicting language with respect to amending the registration fees. Legal recommended moving this item forward to confirm and clarify that the language in the contract is the determining factor in this conflict and provides the ability to amend the registration fees. H? Continuing our relationship with F.P.R.C. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides Code Compliance the tools necessary to manage vacant properties in foreclosure in the most efficient manner possible without the need for additional staffing. FI: The following is a breakdown indicating of budget revenue projections and ISCAL MPACT actual revenue generated: FY Year Projected Revenue Actual Revenue # Registrations 2009/2010 N/A $100,200.00 1,036 2010/2011 $65,000.00 $33,300.00 (to date) 444 Given the above and the following numbers of foreclosures in Boynton Beach as provided to us by F.P.R.C. we fully expect to meet our somewhat conservative projection of $65,000.00 this year and most likely will surpass that figure in FY 2011/2012. F.P.R.C. Foreclosure Statistics as of February 2, 2011 for Boynton Beach: Pre-foreclosure: 2023 Foreclosures: 900 Bank Owned: 741 Total 3664 A: Direct staff to renegotiate the terms and conditions with F.P.R.C. or LTERNATIVES discontinue enforcement of our Ordinance requiring the registration of vacant foreclosed properties. 102 of 448 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FEDERAL PROPERTY REGISTRATION CORP., FOR THE ADMINISTRATION OF THE CITY’S ABANDONED PERSONAL AND REAL PROPERTY ORDINANCE 09-040; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to an overwhelming number of mortgage foreclosures on residential and commercial properties that are in violation of the City’s Code of ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach; and WHEREAS, on January 5, 2010, the City Commission approved and authorized the execution of an Agreement which reduced time spent by staff contacting various lenders in an attempt to get them to register their property and comply with the City’s Codes; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute a First Amendment to Agreement for Property Registration Services between the City of Boynton Beach and Federal Property Registration Corporation for the continued administration of the City’s Abandoned Personal and Real Property Ordinance 09-040. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize and direct the City Manager and City Clerk to execute a First Amendment to Agreement for Property Registration Services between the City of Boynton Beach and Federal Property Registration Corporation for the continued administration of the City’s Abandoned Personal and Real Property Ordinance 09-040, a copy of which First Amendment is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of March, 2011. CITY OF BOYNTON BEACH, FLORIDA 103 of 448 ______________________________ 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) 104 of 448 FIRST AMENDMENT TO AGREEMENT FOR PROPERTY REGISTRATION SERVICES THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this ______ day of ______________, 2011, between THE CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “City”, and FEDERAL PROPERTY REGISTRATION CORPORATION, INC. (hereinafter referred to as “FPRC”). In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and FPRC agree as follows: 1. The Original Agreement for the Provision of Supplemental Police Services, entered into on January 10, 2010 and approved by the City’s Commission pursuant to Resolution R10-004, shall remain in full force and effect except as specifically amended hereinbelow: 1.C. FPRC will charge a fee of Two Hundred and 00/100 Dollars ($200.00) per applicant to register all mortgagees who comply with the City’s Ordinance (Registration Fee”). FPRC shall remit fifty percent (50%) of the Registration Fee to the City in consideration of the services provided. FPRC shall forward payment of the City’s th portion of the Registration Fee to the City’s Finance Department no later than the 5 day of the month during the term of this Agreement. nunc pro 2. The term of the Original Agreement shall be renewed commencing January 10, 2011, tunc, up through and including January 9, 2012. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. Signed and Seal and Witnessed in the presence of: CITY OF BOYNTON BEACH, a Florida municipal corporation _____________________________ ____________________________ Witness City Manager _____________________________ Witness ____________________________ City Attorney ATTEST: _____________________________ City Clerk Signed and Seal and Witnessed in the presence of: FPRC _____________________________ ____________________________ Witness Chair _____________________________ Witness S:\CA\AGMTS\First Amendment to FPRC Agreement (2011).doc 105 of 448 106 of 448 107 of 448 108 of 448 109 of 448 110 of 448 111 of 448 112 of 448 113 of 448 114 of 448 115 of 448 116 of 448 117 of 448 118 of 448 119 of 448 6. G CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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. R11-034 - Designate EQUESTED CTION BY ITY OMMISSION the City of Boynton Beach Canvassing Board for the General Election to be held on Tuesday, March 8, 2011 ER: The Supervisor of Elections has notified the municipalities within Palm XPLANATION OF EQUEST Beach County of the need to adopt an amendment to Resolution No. 11-016 designating the City of Boynton Beach Canvassing Board. In accordance with our contract with the Supervisor of Elections, the City may include the Supervisor of Elections as a member of our Canvassing Board; however, it is required that at least one other member be appointed. It will be necessary for the Canvassing Board members to be present on Election night when the ballots are counted. Additionally, at a date to be determined, the Canvassing Board must be present at the Supervisor of Elections Warehouse in Riviera Beach for an audit of our election. H? In the past, the Supervisor of Elections OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES accepted handling and canvassing our ballots. There was no need for the Canvassing Board to be present. As a result of issues raised by other municipalities, the Supervisor of Elections is no longer assuming full responsibility for that task. FI: In the past, when the audit was done of the ballots, only one municipality was ISCAL MPACT subjected to that audit. Beginning this year, there will be audits of each municipality and the municipalities will be responsible for the administrative costs associated with the audit. A: The alternative to the City Commissioners serving as the Canvassing Board LTERNATIVES would be to designate a staff member to serve with the Supervisor of Elections as the Canvassing Board. At the direction of the Commission, the City Clerk is available to serve in this position. 120 of 448 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE CITY OF BOYNTON BEACH CANVASSING BOARD FOR THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011,; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Supervisor of Elections has notified the City of Boynton beach of the need to adopt an amendment to Resolution No 11-016 designating the City’s Canvassing Board for the General Election to be held on the second Tuesday in March, 2011; and WHEREAS, in accordance with the Contract between the City of Boynton beach and the Supervisor of Elections, the City may include the Supervisor of Elections as a member of its Canvassing Board; however, the City is required to appoint at lease one other member. 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 shall convene its own Canvassing Board consisting of the Supervisor of Elections, along with the City Clerk and _____________________________, a member of the City Commission. Section 7. That this Resolution shall become effective immediately upon passage. 121 of 448 PASSED AND ADOPTED this _____ day of March, 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) 122 of 448 6. H CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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. R11-035 - Approve the EQUESTED CTION BY ITY OMMISSION first Amendment to the Interlocal Agreement (ILA) between the City of Boynton Beach and Palm Beach County to amend the original ILA (R09-021) for the lease of four (4) transit coaches extending the term from January 1, 2013 to January 1, 2016, replacing the existing buses, and increasing the total lease fee from $40 to $70. ER: In February 2009 the City entered into an agreement with the XPLANATION OF EQUEST County to continue leasing and operating four (4) transit coaches/buses. The County receives funding to purchase the buses from a U.S. Department of Transportation Transit Administration Grant. The buses are used to operate the City’s Shopper Hopper program. The original agreement allows the City to operate the transit coaches till the expiration of the term on January 1, 2013. However, as the buses are nearing the end of their useful life, the County is replacing the buses and extending the term of the agreement for an additional three years. In the event that the Transportation Program is discontinued, we may terminate the agreement at any time by giving the County at least sixty (60) days notice. This is noted on the original ILA, page 9, Section 26 – Default and Termination. H? No significant affect. The amendment is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES replacing the existing buses with new ones and extending the term of the agreement. FI: The lease fee is increasing from $40 to $70 for all four (4) buses for the entire ISCAL MPACT term of the agreement. A: Do not approve the amendment to the ILA. LTERNATIVES A: TTACHMENTS 123 of 448  AIA MENDED NTERLOCAL GREEMENT  OIA RIGINAL NTERLOCAL GREEMENT 124 of 448 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 AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA, EXTENDING THE TERM TO JANUARY 1, 2016, REPLACING THE EXISTING BUSES AND INCREASING THE TOTAL LEASE FEE FROM $40 TO $70; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in February, 2009, the parties entered into an Interlocal Agreement under which the County leased to the City four (4) transit coaches purchased through a United States Department of Transportation Federal Transit Administration grant; and WHEREAS, the County is replacing the buses currently leased to the City and extending the term of the agreement for an additional three years; and WHEREAS, the County is increasing the lease fee from $40.00 to $70.00; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into Amendment No. 1 to Interlocal Agreement between the City of Boynton Beach and Palm Beach County, Florida, said Agreement being attached hereto as Exhibit "A". 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 Mayor and City Clerk to execute Amendment No. 1 to Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the City to continue to lease four (4) transit coaches at the lease fee of Seventy ($70.00) dollars, extending the term from January 1, 2013 to January 1, 2016, a copy of Amendment No. 1 to Interlocal Agreement being attached hereto as Exhibit "A". 125 of 448 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of March, 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) S:\CA\RESO\Agreements\Reso - PBC Transit Coach (1st Amendment) 2011.doc 126 of 448 127 of 448 128 of 448 129 of 448 130 of 448 131 of 448 132 of 448 133 of 448 134 of 448 135 of 448 136 of 448 137 of 448 138 of 448 139 of 448 140 of 448 141 of 448 142 of 448 143 of 448 144 of 448 145 of 448 146 of 448 147 of 448 148 of 448 149 of 448 150 of 448 151 of 448 152 of 448 6. I CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 a committee to review renaming requests for EQUESTED CTION BY ITY OMMISSION Veterans Park, Veterans Bicentennial Park and Boat Club Park, and then forward their recommendation back to the Commission ER: The City has received a request from the Recreation and Parks XPLANATION OF EQUEST th Advisory Board for consideration of renaming Veterans Park located on 100 NE 4 Street in honor of Harvey E. Oyer Jr., and renaming Veterans Bicentennial Park located at 411 N. Federal Hwy. to Veterans Park to avoid the duplicated name. A member of the City Commission recommended renaming Boat Club Park in honor of Mr. Oyer. Comments from the Oyer family are included as back up material. Ordinance 06-078 provides a policy for a systematic and consistent approach for the official naming of streets, parks and buildings, etc. The policy is to name facilities through an adopted process utilizing established criteria emphasizing “community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community.” The request for naming of a facility shall be initiated by the City Manager or a City Commissioner. Then City staff reviews the request to see if it meets stated criteria as outlined in Ordinance -6-078. Staff reviewed these requests and finds them to be consistent with the criteria. 153 of 448 The next step requires the City Commission to appoint an advisory/review committee to review the proposed requests. The Committee shall then forward their recommendation to the Commission for a final decision. Previously, the City Commission utilized this process for the renaming other parks, which included appointing a review committee consisting of members from various existing advisory boards, i.e. one to two members from each of the following Boards: Education and Youth Advisory Board, Recreation and Parks Advisory Board; Senior Advisory Board and the Community Relations Board. H? None at this time. Depends on OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES recommendation and final action of the Commission. FI: None at this time. Should a decision be made to change the park name, then ISCAL MPACT there will be a fiscal impact of changing signs, printed materials, etc. Staff will develop a cost estimate as part of the review process A: Do not appoint committee to review the recommendations. LTERNATIVES 154 of 448 155 of 448 156 of 448 6. J CONSENT AGENDA March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 review committee to consider nomination to re- EQUESTED CTION BY ITY OMMISSION name Boynton Beach Child Care Center after Lena Rahming. ER: Earlier this month, long-term Boynton Beach Head Start Center XPLANATION OF EQUEST Manager, Lena Rahming passed away. Ms. Rahming has served with the Head Start program for over 40 years and was a community leader in Boynton Beach for many years. The Head Start program has been a portal for success for many Boynton Beach children over the years. Ms. Rahming’s leadership at the Boynton Beach Head Start Program has been a significant factor in making the Boynton Beach Head Start Program the best in the County. Vice Mayor Marlene Ross has requested consideration of naming the City-owned building at rd 909 N.E. 3 Street as the “Lena Rahming Head Start Facility.” Ordinance 06-078 provides a policy for a systematic and consistent approach for the official naming of streets, parks and buildings, etc. The policy is to name facilities through an adopted process utilizing established criteria emphasizing “community values and character, local history, geography, environmental, civics, monetary support and service to the Boynton Beach community.” The request for naming of a facility shall be initiated by the City Manager or a City Commissioner. Then City staff reviews the request to see if it meets stated criteria as outlined in Ordinance 06-078. Staff reviewed this request and finds it to be consistent with the criteria. The next step requires the City Commission to appoint an advisory/review committee to review the proposed requests. The Committee shall then forward their recommendation to the Commission for a final decision. 157 of 448 Earlier on tonight’s agenda, the Commission will consider a renaming request for Veteran’s Bicentennial Park and Veteran’s Park. Staff recommended the request be referred to a review committee comprised of one to two representatives from several existing advisory boards, i.e. Education and Youth Advisory Board, Recreation and Parks Advisory Board; Senior Advisory Board and the Community Relations Board. This committee structure has been utilized in the past and works well. Staff recommends this request be referred to the same committee for consideration and recommendation. H? No impact OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Incidental costs of less than $500 for signage at the building if re-naming is ISCAL MPACT recommended by the review committee and approved by the City Commission. A: Do not request convening of the review committee. LTERNATIVES 158 of 448 7. A BIDS AND PURCHASES OVER $100,000 March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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. R11-036 - Award for the EQUESTED CTION BY ITY OMMISSION "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID #021-2821-11 to Allied Universal Corporation of Miami, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $350,000. CONTRACT PERIOD: March 2, 2011 through March 1, 2012 ER: XPLANATION OF EQUEST Why we use this material: Raw water to the West Water Treatment Plant has a high pH and contains the dissolved gas hydrogen sulfide. Sulfuric acid is therefore added to the raw water before the membrane filtration system to lower the pH, thereby aiding in reducing the formation of calcium carbonate scale. However, this produces carbon dioxide which, along with hydrogen sulfide, remains dissolved in the water and is not separated out by the membrane system. During the degasification process that follows, sodium hydroxide is added to the system to neutralize the corrosion and noxious odors associated with the release of hydrogen sulfide to the atmosphere. This addition also raises the pH which prevents scaling of the pipelines to the consumer. On January 26, 2011, Procurement Services received and opened two bid proposals for the supply of sodium hydroxide. The bids were solicited based on the total estimated purchase for the year using 80 dry tons of 25% solution and 207 dry tons of 50% solution with important chemical criteria specified. The two bid proposals were: Allied Universal Corporation $834.90/per dry ton for 25% solution $502.40/per dry ton for 50% solution 159 of 448 K.A. Steel Chemical, Inc. $857.34/per dry ton for 25% solution $588.07/per dry ton for 50% solution Based on the bid submittals, Utility Department Staff recommends that the bid be awarded to Allied Universal Corporation. The bid provides a renewal option to extend the contract at the same terms, conditions and price for two (2) additional one year periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City of Boynton Beach. H? Water quality is of utmost importance to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the Water Treatment Plants. Minimal adjustment of pH or no removal of hydrogen sulfide would pose great risks to the City’s infrastructure and to public health. FI: Funds are available in account number 401-2811-536-52-35. ISCAL MPACT Actual Expenditure for Sodium Hydroxide in FY 2009/2010: $336,275.00 Projected Expenditure for Sodium Hydroxide FY 2010/2011: $350,000.00 The slight increase in the projected expenditure is due to anticipated higher fuel costs. A: Utilities was authorized by the Commission in October of fiscal year 2009/10 to LTERNATIVES utilize an antiscalant designed by Nalco. Tests of the product, which results in an increase in pH, are currently underway. Thus, if successful, there may be a significant reduction in the amount of sodium hydroxide used in addition to the intended reduction in sulfuric acid usage. The use of other neutralizing agents or anti-scalants could be further explored but this may lead to higher water treatment costs or possible water quality infractions. 160 of 448 RESOLUTION NO. R 11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF THE “ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)” BID NO. 021-2821-11/JMA), TO ALLIED UNIVERSAL CORPORATION OF MIAMI, FLORIDA WITH THE ESTIMATED ANNUAL EXPENDITURE OF $350,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on January 26, 2011, Procurement Services received and opened two bid proposals for the supply of sodium hydroxide; and WHEREAS, all proposals were reviewed by Procurement and the Utilities Department staff and it was determined that Allied Universal Corporation was the lowest, most responsive responsible bidder who met all specifications; and WHEREAS , the bid provides for a renewal option to extend the contract at the same terms, conditions and price for two (2) additional one year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City of Boynton Beach; 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 the award for the “Annual Supply of Sodium Hydroxide (Liquid Caustic Soda)” Bid #021-2821-11/JMA to Allied Universal Corporation of Miami, Florida with an estimated annual expenditure of $350,000.00 from March 2, 2011 through March 1, 2012. 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, hereby approves the award for the “Annual Supply of Sodium Hydroxide (Liquid Caustic Soda)” Bid #021-2821-11/JMA to Allied Universal Corporation of Miami, Florida with an estimated annual expenditure of $350,000.00 161 of 448 from March 2, 2011 through March 1, 2012 and approves the renewal option for two (2) additional one year periods subject to vendor acceptance, satisfactory performance and determination by City staff that renewal will be in the best interest of the City of Boynton Beach. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay ATTEST: _______________________________ Commissioner – Steven Holzman _____________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Reso - Bid Award -Sodium Hydroxide - Allied.doc 162 of 448 163 of 448 164 of 448 165 of 448 166 of 448 167 of 448 168 of 448 169 of 448 170 of 448 171 of 448 172 of 448 173 of 448 174 of 448 175 of 448 176 of 448 177 of 448 178 of 448 179 of 448 180 of 448 181 of 448 182 of 448 183 of 448 184 of 448 185 of 448 186 of 448 187 of 448 188 of 448 7. B BIDS AND PURCHASES OVER $100,000 March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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. R11-037 - Award a one EQUESTED CTION BY ITY OMMISSION (1) year extension to the "Annual Contract for Medical and Drug Supplies", Bid No. 025-1412-10/JA to three vendors. This is a joint bid with the City of Delray Beach, (Bid No. 2009-04). The projected annual expenditure for these Warehouse stocked supplies is $118,000. This is for medical supplies used by BBFRD EMS. CONTRACT PERIOD: February 18, 2011 through February 17, 2012. ER: XPLANATION OF EQUEST This was a multi-award bid for the purchase of medical and drug products used by the Fire Department’s EMS. The City of Delray Beach is the lead agency on this joint bid that was approved by our City of Boynton Beach Commission on April 7, 2009, with an estimated annual expenditure of $155,000. Bound Tree Medical, Henry Schein Matrix Medical and Quadmed, Inc. were the awarded vendors. The term of the contract was February 18, 2009 through February 17, 2010 with the option for an additional one year extension at the same terms and conditions. At the recommendation of the City of Delray Beach Fire Department, and with the approval of the City Manager of Delray Beach, this bid was extended for a second one (1) year period of February 18, 2010 through February 17, 2011 at the same terms and conditions and pricing. This award extends the contract through February 17, 2012. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Bound Tree Medical, Henry Schein Matrix Medical and Quadmed, Inc. are the largest medical supply companies for EMS products. They provide the most competitive pricing for all medical and drug supplies used by the City. FI: ISCAL MPACT Actual expenditure for Medical and Drug Supplies in FY 2008/2009: $89,886 189 of 448 Actual expenditure for Medical and Drug Supplies in FY 2009/2010: $103,540 Anticipated expenditure for Medical and Drug Supplies FY 2010/2011: $118,000 The actual expenditure for medical and drug supplies from October 1, 2010 thru February 4, 2011 is $30,824. A: LTERNATIVES The City of Boynton Beach could issue their own bid, but broadcasting a joint bid with another municipality increases quantities, which typically results in lower per item prices and therefore is more cost effective. 190 of 448 RESOLUTION NO. R-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A ONE YEAR EXTENSION TO THE “ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES” BID NO. 025-1412-10/JA WITH THREE VENDORS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 7, 2009, the City Commission approved the award of a joint bid with the City of Delray Beach for the Annual Contract for Medical and Drug Supplies with an estimated annual expenditure of $155,000.00; and WHEREAS , the term of the contract was February 18, 2009 through February 17, 2010 with the option for an additional one year extension at the same terms and conditions; and WHEREAS , the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to award the one year extension of the “Annual Contract for Medical and Drug Supplies”, Bid No. 025-1412-10/JA for a contract period from February 18, 2011 through February 17, 2012. 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 approves the one year extension of the “Annual Contract for Medical and Drug Supplies”, Bid No. 025-1412-10/JA for a contract period from February 18, 2011 through February 17, 2012. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of March, 2011. CITY OF BOYNTON BEACH, FLORIDA 191 of 448 ______________________________ 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) 192 of 448 193 of 448 194 of 448 195 of 448 196 of 448 197 of 448 198 of 448 199 of 448 9. A PUBLIC HEARING March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 NO. 11-008 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. ER: THIS ITEM IS TABLED TO APRIL 19, 2011 to allow time to further discuss XPLANATION OF EQUEST and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. A late discovery in the review of this item is the use by a resident of one of the properties along the unimproved alley for accessing a rear detached dwelling unit existing accessory to the principal home at 222 W. Ocean Avenue. At the first hearing of the Planning & Development Board, the affected property owner voiced concerns over losing access to this unit, therefore leading the Board to consider preserving access through an access easement extending the short distance between the side street and the accessory unit which is on the second lot in nd from SW 2 Street. This option then lead to the concern by the other potentially affected property owner (located opposite the accessory unit), over maintenance and liability attributed to the access easement being placed over a portion of the abandoned alley which the property owner would then own following abandonment. Given the potential impact on those four properties that abut this portion of the alley, and to ensure that all are aware of the pending action, staff is offering to meet with them and discuss potential scenarios and impacts and answer any related questions. Invitations were mailed to each of them and the meeting will be 200 of 448 held Thursday the 24th at 5:00 pm. The item will then return to the Planning & Development ndth Board at their March 22 meeting, and then reviewed by the Commission on April 19. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 201 of 448 202 of 448 203 of 448 204 of 448 9. B PUBLIC HEARING March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 NO. 11-011 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers’ Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. ER: The Board of Trustees (“Board”) of the Police Officers’ Pension XPLANATION OF EQUEST Fund (“Fund”) has approved and is recommending that the City Commission approve an amendment to Article III, Municipal Police Officers’ Retirement Trust Fund Pension Plan Ordinance. The amendment changes two (2) sections of the Code. 1. Section 18-172. Buy back of service (Page 2) Allowing re-hired former City Police Officers to finance the repurchase of years of service that the Officer lost when they (a) withdrew their personal contributions from the Fund when they left City employment and therefore (b) lost their credited service. The Board is requesting that all such members, who are rehired by the Police Department after (a) withdrawing their contributions and (b) losing their credited service, be afforded the opportunity to repay their contributions previously withdrawn in either (1) a lump sum or (2) in installments over a period of time not to exceed five (5) years. No credit will be given for any service until all repurchased years of service have been repurchased. The total time that a member is employed by the Department (time after rehired plus time repurchased) shall count for vesting. 205 of 448 Except for time counted for vesting, this is the same as the provision already in the plan allowing for the member to buy back other time (which does not count for vesting) as a police officer elsewhere or time served in the military. To repurchase this service, the member must pay an 8% rate of interest on the withdrawn amount from the date of withdrawal through the date of full repayment. The 8% rate is the actuarially assumed rate of return of the Fund on the most recent actuarial valuation. The Plan’s actuary will calculate the repayment amounts including interest over the repayment period. Current Plan Provision: As required by State law, members are permitted to repurchase this time. Members who are repurchasing this time must do so in a lump sum within six (6) months of being rehired. This contrasts with the current provisions in the Plan for Officers who are buying time that they worked with another agency as a police officer or served in the military. Officers purchasing this time may pay in either (1) a lump sum within six (6) months of hire or (2) finance the purchased service over a period not to exceed five (5) years. Cost: There is no cost impact to the Plan. Rehired members repay contributions previously made and withdrawn from the Plan plus 8% interest on the contribution amount withdrawn for the time that the money was out of the Fund. While member contributions must be repaid to the Plan, the City’s contribution that were made for the member remained in the Plan and continued to be invested with other pension fund dollars for the full time the member was gone. 2. Section 18-175. Deferred retirement option plan (Page 4) adding an option for the member to choose to withdraw Deferred Retirement Option Plan (“DROP”) funds as a partial withdrawal. This option allows members the flexibility and an additional means in the withdrawal of their DROP assets. It is a partial lump sum withdrawal which would allow the members to withdraw part of their assets from the DROP. The Board will approve this partial lump sum withdrawal in the same manner that they approve all other withdrawal options. Current Plan Provision: Members may withdraw in a lump sum, annual installments, or as a monthly installment. Cost: There is no cost impact to the Plan. All withdrawals are taken from individual member accounts. 206 of 448 Collective Bargaining: As collective bargaining representative for the three (3) bargaining units within the Police Department, the Palm Beach County Police Benevolent Association, Inc. has agreed to waive bargaining over the foregoing amendments as set forth in the attached Agreement. The City Commission must also waive collective bargaining. H? Not applicable. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: In the opinion of the Pension Plan’s actuary (see the attached December 14, ISCAL MPACT 2010 letter), the amendment will have no actuarial impact on the Plan as interest accrues at the same rate as the assumed rate of return on Plan investments. A: Not approve the amendment to the Pension Plan Ordinance and defer LTERNATIVES consideration to the next round of collective bargaining when the subject can be addressed by the City and the PBA. 207 of 448 ORDINANCE 11-____ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED “MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND;” AMENDING SECTION 18-172 PROVIDING FOR BUY BACK OF SERVICE; AMENDING SECTION 18-175 PROVIDING FOR DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS , the Boynton Beach Police Officers’ Pension Fund Plan Document (“Plan) permits members to purchase years of service in the Plan for which the member was previously employed as a police officer with the City of Boynton Beach (“City”) and withdrew those contributions by repaying the Fund for the contributions that were withdrawn in a lump sum; WHEREAS , the Board of Trustees of the Boynton Beach Police Officers Pension Fund (“Fund”) recommends an amendment to the Plan to allow members to repay the withdrawn contributions over time with interest rather than in a lump sum; and fied pension plans to provide certain benefits; and WHEREAS , the City Commission of the City of Boynton Beach, Florida, desires to revise its Police Officers' Plan in order to provide this administrative change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA : Section 1. The foregoing “WHEREAS” clauses are hereby certified as being true and correct and are incorporated herein by this reference Section 2. Section 18-172 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-172. Buy back of service. Re-employment (a) . When any former police officer of the city is re-employed, he or she will become a member of the plan upon re-employment as a full time permanent 208 of 448 police officer. When a former police officer of the city is re-employed and had withdrawn the contributions previously made to the plan, he or she may reinstate his previous service provided the plan is paid the total amount previously withdrawn (consisting of accumulated member contributions plus any interest previously paid by the plan on those in a lump sumor, effective contributions) within six months of re-employment November 9, 2010, in installment payments over a period of up to five years and the installment payments must begin within six months of re-employmentThe . This total amount is brought forward with interest for the total number of months from the date of withdrawal to the date of repayment, calculated to the nearest month. This calculated If the member amount equals the amount to be repaid to the plan in a lump sum. chooses to pay over time, interest will continue to accrue during the period of repayment. The interest to bring forward the total amount will be at the equivalent compound monthly rate derived from the earning rate assumed by the actuary in the most recent actuarial valuation submitted to the Division of Retirement pursuant to F.S. No credit shall be given for any service until all years of Chapter 112, Part VII. service which are to be repurchased, have been repurchased. Prior police officer service (b) . Unless otherwise prohibited by law, the years or fractional parts of years that a police officer previously served as a police officer for any other municipal, county, state or federal police department or service in the military shall be added to the years of credited service provided that: (1) The police officer contributes to the fund the sum that would have been contributed, based on the police officer’s salary and the employee contribution rate in effect at the time that the credited service is requested, had the police officer been a member of this system for the years or fractional parts of years for which the credit is requested plus amount actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of 209 of 448 costs for all professional services rendered to the Board in connection with the purchase of years of credited service. (2) Payment by the police officer of the requirement amount may be made within six months of the request for credit and in one lump sum payment, or the police officer can buy back this time over a period equal to the length of time being purchased or five years, whichever is greater, at an interest rate which is equal to the fund’s actuarial assumption. A police officer may request to purchase a maximum of five years of service. No credit shall be given for any service until all years of service which are to be repurchased, have been repurchased. (3) The credit purchased under this section shall count for benefit computation purposes, but not for vesting. (4) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state police department, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan. This subparagraph does not apply to military service. Section 3. Section 18-175 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-175. Deferred retirement option plan . * * * (j) Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: * * * (2) Payments may be made in the following ways: Lump sum a. . The entire account balance will be paid or on behalf of to the retirant upon approval of the Board of Trustees. 210 of 448 Installments b. . The account balance will be paid out to the retirant in five equal annual payments paid over five years, the first payment to be made upon approval of the Board of Trustees. Monthly installments c. . The account balance will be paid out to the retirant on a monthly basis until the account balance is paid out based on actuarial tables provided by the actuary. d. Partial lump sum withdrawals. Part of the account balance will be paid to or on behalf of the retirant upon approval of the Trustees. Section 4. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article” or such other word or phrase in order to accomplish such intention. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 7. This Ordinance shall become effective when the following have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; (b) when the foregoing changes to the pension plan investment policy benefits have been accepted by the collective bargaining unit(s) representing the Police Officer Employees, or their successor, and documentation has been received evidencing no objection thereto; and 211 of 448 (c) when the amendments have been sent to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING THIS DAY OF , 2010. SECOND, FINAL READING and PASSAGE THIS DAY OF , 2010 CITY OF BOYNTON BEACH, FLORIDA Mayor – Jose Rodriguez Vice Mayor – Marlene Ross Commissioner – William Orlove Commissioner – Woodrow L. Hay Commissioner – Steven Holzman ATTEST: Janet M. Prainito, MMC, CITY CLERK (Corporate Seal) 212 of 448 213 of 448 214 of 448 215 of 448 10. A CITY MANAGER’S REPORT March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Inform the Commission regarding the recommendation EQUESTED CTION BY ITY OMMISSION from the Recreation & Parks Advisory Board to not convert Pence Park into a dog park. ER: At the November 3, 2010 City Commission meeting staff was XPLANATION OF EQUEST directed to present the option of converting Pence Park into a Dog Park to the Recreation & Parks Advisory Board for their evaluation. The Advisory Board discussed this item at their January 24, 2011. Signs were posted around the Park prior to the meeting to invite the public for comment and feedback. A courtesy reminder about the Advisory Board meeting was sent to each Commissioner by email. Along with Commissioners Orlove and Hay, two residents attended the meeting. One resident stated that he has observed a much greater volume of activity on the field over the past year, and although he thinks Boynton needs a dog park, he felt Pence was not an ideal location. The other resident stated that she participates in the adult kick ball league that meets at Pence Park on Wednesday evenings, and they are planning to expand their program to at least one more evening due to popular demand. The Advisory Board did not support the conversion of Pence Park for these and several other reasons, and suggested that the undeveloped park space on the NE corner of Old Boynton Beach Blvd. and Congress Avenue (behind Best Buy) would be a much more appropriate option. H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No fiscal impact. ISCAL MPACT A: LTERNATIVES 216 of 448 Accept recommendation from the Recreation & Parks Advisory Board and take no further action at this time. Accept recommendation from the Recreation & Parks Advisory Board and direct staff to research possible alternative locations and costs. Do not accept recommendation from the Recreation & Parks Advisory Board. Attachments:  Agenda Item Request Form (Included projected costs/expenses) – November 3, 2010 City Commission Meeting  Meeting Minutes – November 3, 2010 City Commission Meeting  Dog Park Budget – Mizner Bark Park (Boca Raton)  Dog Park Budget – Lake Ida Dog Park ( Palm Beach County)  Photo – Undeveloped Park Space Congress Ave./Old Boynton Beach Blvd.  Photo – Pence Park facing SE  Photo – Pence Park Basketball Court  Photo – Pence Park facing NE  Photo – Pence Park Swing Set  Photo – Pence Park Play Ground 217 of 448 218 of 448 219 of 448 220 of 448 221 of 448 222 of 448 223 of 448 224 of 448 225 of 448 226 of 448 227 of 448 228 of 448 229 of 448 10. B CITY MANAGER’S REPORT March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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 re-districting the geographic boundaries for EQUESTED CTION BY ITY OMMISSION the City of Boynton Beach voting districts 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. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter”. The major redistricting of the City occurred in 2000 with the establishment of single-member districts. On October 16, 2001 the City Commission approved a resolution to contract with Reapportionment Group 2000 LLC in collaboration with Lance deHaven-Smith of Florida State University, to prepare proposed Commission district boundary maps; based on the 2000 Census. Then on May 17, 2005 the City Commission approved a resolution to contract with the Metropolitan Center at Florida International University to prepare proposed Commission district 230 of 448 boundary maps, based on the 2000 Census, in accordance with the City Charter. The following is a chronology of actions taken by the City Commission regarding geographic boundaries of voting districts: October 31, 1980: The City Council approved Ordinance No. 80-46 providing for five  (5) separate districts from which the five (5) City Council members must each qualify in a different district from the other and each elected by a city-wide vote. The candidate must have resided within the boundaries of said district. (Ord. No. 80-46, district boundaries and minutes attached as Exhibit A) December 17, 1991: The City Commission approved Ordinance No. 091-22 providing  for the reapportionment of the City’s four (4) voting districts and amending the district boundaries on the basis of Census population information in order to accommodate growth in the four (4) districts. (Ord. No. 091-22 attached as Exhibit B) August 15, 2000: The City Commission approved Ordinance No. O00-43 instituting  four (4) single-member voting districts. The ordinance also established that geographic boundaries for each voting district shall be designated, prepared and identified no later than the first day of January, 2002, and every four (4) years thereafter. (Ord. No. O00- 43 and minutes from first and second reading attached as Exhibit C). January 2, 2002: The City Commission approved Resolution No. 02-005, determining  the district boundaries establishing voting districts of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The voting districts were reviewed and re-designed with the assistance of outside consultants and public hearings for citizen input. The Commission approved with a 3-2 vote, the four quadrants option which divides the City into four quadrants with an east/west division along I-95 and north/south along Boynton Beach Boulevard. (Ord. No. 02-005 with district boundaries and meeting minutes attached as Exhibit D). August 20, 2002: The City Commission approved Ordinance No. 02-035 to amend the  voting districts and revise the redistricting boundary map as established by adopted Resolution No. 02-005. (Ord. No. 02-035 and meeting minutes attached as Exhibit E). December 6, 2005: On December 6, 2005 the City Commission decided on a 3-2 vote  not to make any changes to the voting districts and wait for the new Census. The Commission also approved by unanimous vote, for the City Attorney to draft an ordinance calling for a referendum changing the language of the City Charter to require a geographic review of the voting districts every 10 years (to coincide with the Census) as opposed to the current 4 year requirement. H? The City Charter currently requires that a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES geographic review of voting districts occur every 4 years. In 2005 the City Commission voted to wait and conduct the review after the new (2010) Census. It is anticipated that the final Census data will be available early March 2011. City staff is looking for direction from the City Commission for going forward with the geographic review. The City Charter calls for a “ 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 Although staff recommends that we keep this language in the City of Boynton Beach, Florida”. the Charter and contract out the geographic review, the other option is to purchase re- districting software and perform the review in-house. Because the language requiring the use of a universtiy is in the City Charter, any changes must be put to voter referendum. Changing to a 10 year review cycle to match the US Census is recommended as there the block data needed to perform the re-districting review is currently available as part of the US Census every 10 years. The 2005 project was based on estimates from building activity and the 2000 231 of 448 census. In short, it can be done but the accuracy of population data is not as precise between the US Census reports. FI: The last re-districting project was done in 2005 by the Florida International ISCAL MPACT University Metropolitan Center at a cost of $35,200 (including all travel). There are two re-districting software products currently available:  AutoBound is based on ArcView GIS software. License for 1 user: $4,300 o Online technical support: free o Consultant on-site visits, if necessary: $1,500 per day (plus travel cost) o One-year technical support: $2,300 (support technician links to the user’s o computer)  DISTRICTSolve is a software by ARCBridge. License per user is $2500 (10% discount on additional licenses) o Technical support: $500 per user, per year o Support provided via email, phone, connection with user computer. o No on-site visits. o The company will provide assistance with processing the PL94-171 data and o prepare it for use with 2010 geography files. A: LTERNATIVES 1.) Staff recommends that the city contracts with a university or educational research institution to conduct a geographic review of voting districts utilizing the final 2010 Census data, in compliance with the current City Charter. 2.) Staff also recommends that an ordinance be drafted to amend the Charter language by referendum to require redistricting only after the decennial Census. This recommendation was also made by Lance deHaven-Smith in 2001 and the Metropolitan Center at FIU in 2005. This can be work agenda item for the Charter Review Committee. A scope report for the committee is scheduled for the March 15, 2011 City Commission meeting. 3.) The other alternative is to prepare an ordinance to amend the Charter language by referendum to allow in-house review; and (This is an option that the Charter Review Committee could also evaluate.) 4.) Not amend the Charter language by referendum to require 10-year review, opposed to 4-year review. This would preserve the four-year cycle review using interim population data. 232 of 448 233 of 448 234 of 448 235 of 448 236 of 448 237 of 448 238 of 448 239 of 448 240 of 448 241 of 448 242 of 448 243 of 448 244 of 448 245 of 448 246 of 448 247 of 448 248 of 448 249 of 448 250 of 448 251 of 448 252 of 448 253 of 448 254 of 448 255 of 448 256 of 448 257 of 448 258 of 448 259 of 448 260 of 448 261 of 448 262 of 448 263 of 448 264 of 448 265 of 448 266 of 448 267 of 448 268 of 448 269 of 448 270 of 448 271 of 448 272 of 448 273 of 448 274 of 448 275 of 448 276 of 448 277 of 448 278 of 448 279 of 448 280 of 448 281 of 448 282 of 448 283 of 448 284 of 448 285 of 448 286 of 448 287 of 448 288 of 448 289 of 448 290 of 448 291 of 448 292 of 448 293 of 448 294 of 448 295 of 448 296 of 448 297 of 448 298 of 448 299 of 448 300 of 448 301 of 448 302 of 448 303 of 448 304 of 448 305 of 448 306 of 448 307 of 448 308 of 448 309 of 448 310 of 448 311 of 448 312 of 448 313 of 448 314 of 448 315 of 448 316 of 448 317 of 448 318 of 448 319 of 448 320 of 448 321 of 448 322 of 448 323 of 448 324 of 448 325 of 448 326 of 448 327 of 448 328 of 448 329 of 448 330 of 448 331 of 448 332 of 448 333 of 448 334 of 448 335 of 448 336 of 448 337 of 448 338 of 448 339 of 448 10. C CITY MANAGER’S REPORT March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Project update on Amendment to Department of Energy EQUESTED CTION BY ITY OMMISSION EECBG application ER: At the February 1, 2011 City Commission meeting, the city’s XPLANATION OF EQUEST Sustainability Team brought forward several potential projects for the Commission to review and approve for submittal as an amendment to the original Department of Energy EECBG grant application. In a motion that passed 4-1, the Commission directed staff to submit project 1.) Schoolhouse Children’s Museum HVAC Upgrade; and 7.) Other quick retrofit projects involving solar or other alternative energy sources. (This project was an alternative suggested by Commissioner Orlove). The Schoolhouse Children’s Museum HVAC Upgrade will consist of replacement of two (2) thirteen year old 15 ton condensing units, cooling coils, and hot gas reheat coils. The project is estimated to cost $26,226.00. As part of the project, city staff will be installing the equipment. The existing condensing units have an energy efficiency rating (EER) of 10.3. The new condensing units have an EER of 12.6. The new condensing units will be 22% more energy efficient. Cost savings are direct to the City as we currently pay the power costs for the museum In order to identify a retrofit project involving alternative energy, city engineers Jeff Livergood, Chris Roschek and Andrew Mack met with a local solar vendor; Abundant Energy of Jupiter, Florida, to tour city facilities and determine the feasibility of solar retrofit projects. The consensus was to proceed with a Solar Heating and Photovoltaic retrofit at Fire Station #5. The project will consist of the retrofit of two (2) existing gas water heaters to be powered by two (2) solar water heating systems. The project will also consist of the installation of sixteen (16) 245 watt photovoltaic panels to provide solar power generation to help offset the buildings electric consumption. Both of these projects at Fire Station #5 will be tied into the city’s website to provide real-time monitoring of the energy production and savings as well as project photos and information to help educate and inform the public regarding the benefits of solar water heating and photovoltaic energy 340 of 448 production. The City will also provide an on-site kiosk/monitoring system to provide visitors the information while touring the facility. The project is estimated to cost $32,000.00 dollars and will utilize an outside contractor to perform the design and installation. The solar water heating systems should save the City approximately 75%-80% of the current cost to heat water and the photovoltaic panel system production will offset approximately $90.00 per month of the buildings electric costs. Upon further investigation, the city engineers decided it was not cost efficient to pursue a solar project in the Utilities Department for trickle charging batteries. The remote lift stations and water supply wells have a battery backup for the control panel and programmable logic controller (PLC) at each site. Emergency backup diesel generators are tested and run monthly to ensure that each generator is operating properly. As part of this monthly testing, the batteries are kept charged. Therefore, there is not a significant need to trickle charge the batteries. Since the power demand is low, the pay back period would be long. Another concern is possible damage to the solar panels during a storm, so portable systems that can be installed after a storm would be preferred. This option would not provide an opportunity to showcase the solar technology to the public. Rather, a roof-mounted photovoltaic (PV) panel system that provides power during the day to help offset the entire facility’s electric consumption via net metering (at Fire Station #5) maximizes the amount of electricity generated on site and provides the greatest return on investment. Based upon approval by the Department of Energy for both the HVAC project and the solar retrofit project, and in lieu of the contingency funds for the Hester Center Sports Lighting project not being fully utilized, city staff will also be submitting the Motion Sensor Lighting Retrofits project for multiple city facilities. This project was originally estimated at a cost of $65,562.00 for a total installation of 539 motion sensors at various city facilities. Because this is a “scalable” project that can be reduced in scope and cost, whatever funds are remaining can be used to install motion sensors in “high traffic” areas to reap the greatest energy savings. H? Submitting a Project Amendment to the DOE OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for consideration of funding will further the implementation of the Climate Action Plan without affecting the city’s general fund and utilize the remaining allocation of EECBG funding. FI: Based upon approval by the DOE, the city could allocate additional grant funding from ISCAL MPACT the EECBG to complete additional projects at no cost to the city, with the exception of staff hours. A: Not accept informational update. LTERNATIVES 341 of 448 CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION PROJECT NAME: SCHOOLHOUSE CHILDREN'S MUSEUM AND LEARNING CENTER AIR CONDITIONING REPLACEMENT & UPGRADE PROJECT DESCRIPTION: THE PROJECT WILL CONSIST OF THE REPLACEMENT OF 13 YEAR OLD CONDENSING UNITS, COOLING COILS, AND HOT GAS REHEAT COILS. THE INSTALLATION AND HOOK UP OF THE NEW EQUIPMENT WILL BE PERFORMED BY CITY STAFF. PROJECT ESTIMATED COSTS: AC REPLACEMENT COSTS: $23,736.00 CRANE RENTAL: $1,500.00 MISCELLANEOUS MATERIALS: $1,000.00 TOTAL ESTIMATED COSTS: $26,236.00 PROJECTED ENERGY SAVINGS: THE EXISTING CONDENSING UNITS HAVE AN ENERGY EFFICIENCY RATING (EER) OF 10.3. THE NEW CONDENSING UNITS HAVE AN EER OF 12.6. THE NEW CONDENSING UNITS WILL BE 22% MORE ENERGY EFFICIENT. ANNUAL ENERGY COSTS: $25,650.00 HVAC REPRESENTS 70%: $17,955.00 22% REDUCTION IN HVAC: $3,950.10 For additional information please contact Mr. Andrew P. Mack, P.E., LEED AP, Interim Building Official / Engineer in the Building & Engineering Divisions at 561.742.6366. 342 of 448 343 of 448 344 of 448 CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT PROJECT NAME: Facilities Occupancy Sensor Installation PROJECT DESCRIPTION: Install 539 Occupancy Sensor Switches in various building and parks restrooms throughout the City. The sensor switches will be installed contractually. PROJECT ESTIMATED COSTS: 539 switches @ $110.00/ea. = $59,290 15 ceiling sensors @ $210.00/ea. = $3,150 Subtotal Cost: $62,440.00 5% contingency: $ 3,122.00 Total Est. Cost: $65,562.00 PROJECTED ENERGY SAVINGS: $5,957.00 per year 345 of 448 10. D CITY MANAGER’S REPORT March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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:Follow-up discussion on red light camera enforcement EQUESTED CTION BY ITY OMMISSION program ER: A member of the City Commission has requested an update on the XPLANATION OF EQUEST installation of the cameras for the Boynton Beach and discussion on the recent press coverage concerning litigation over the red light camera enforcement program in other jurisdictions. In addition to staff, a representative of the camera service provider will be present at the meeting to help address questions. H? This is a status report and information. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Please see the following exhibits: Exhibit A: Project Status Report from Boynton Beach Police Department. Exhibit B: Memo from City Attorneys dated February 22, 2011 Exhibit C: Article from February 19, 2011, Sun-Sentinel on Red Light Camera Program Experience from other municipalities. Exhibit D: Press Release concerning recent study released showing benefits of red light camera programs in accident reduction. Exhibit E: February 2011 Red Light Camera Research Study FI: Information ISCAL MPACT A: Information LTERNATIVES 346 of 448 347 of 448 348 of 448 349 of 448 350 of 448 351 of 448 352 of 448 353 of 448 354 of 448 355 of 448 356 of 448 357 of 448 358 of 448 359 of 448 360 of 448 361 of 448 362 of 448 363 of 448 364 of 448 365 of 448 366 of 448 367 of 448 368 of 448 369 of 448 370 of 448 371 of 448 372 of 448 373 of 448 374 of 448 375 of 448 376 of 448 377 of 448 13. A LEGAL March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 NO. 11-002 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve the establishment of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean Avenue, between the F.E.C. Railroad and Seacrest Boulevard, modifying the Land Development Regulations by establishing revised development standards and uses consistent with, and implementing the vision contained within the Downtown Master Plan. Applicant: City initiated ER: A staff team, including CRA staff, collaborated on a list of XPLANATION OF EQUEST appropriate uses and development regulations to implement the vision contained within the to create a Public Art and Cultural Corridor on Ocean Avenue, Downtown Master Plan between the marina/waterfront attractions to the east and the cultural/civic activities to the west. The plan envisions the adaptive reuse of existing buildings and the relocation of historic structures to vacant parcels along Ocean Avenue, in order to accommodate a mix of uses, including small shops and restaurants, arts related businesses and residential uses at a pedestrian scale, which contributes to a pedestrian friendly atmosphere and creates a sense of place.The outcome of these meetings resulted in the proposed overlay zone, defined as the area bounded on the east by the F.E.C. Railroad, on the west by Seacrest Boulevard, on the ststst south by SE 1 Avenue and on the north by NE 1 Avenue, except between NE 1 Street and rdst NE 3 Street, where the north boundary would be the alley between NE 1 Avenue and Boynton Beach Boulevard. Staff believes that the proposed amendments to Land Development Regulations to create the Ocean Avenue Overlay Zone will further the goals of the Downtown Master Plan and support current CRA initiatives. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 378 of 448 FI: N/A ISCAL MPACT A: Not approve the subject request or modify the proposed regulations as LTERNATIVES desired. 379 of 448 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS CREATING THE OCEAN AVENUE OVERLAY ZONE BY AMENDING CHAPTER 1,, ARTICLE II, DEFINITIONS; AMENDING CHAPTER 2, ARTICLE I, OVERVIEW; AMENDING CHAPTER 2, ARTICLE II, PLANNING & ZONING DIVISION SERVICES; AMENDING CHAPTER 3, ARTICLE III, ZONING DISTRICTS AND OVERLAY ZONES; AMENDING CHAPTER 3, ARTICLE IV, USE REGULATION; AMENDING CHAPTER 4, ARTICLE II, LAND USE DESIGN AND BUFFERING STANDARDS; AMENDING CHAPTER 4, ARTICLE III, EXTERIOR BUILDING AND SITE DESIGN STANDARDS; AMENDING CHAPTER 4, ARTICLE V, MINIMUM OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) involving the creation of a zoning overlay zone for Ocean Avenue to further the vision contained within the Downtown Master Plan and support the current CRA initiatives; and WHEREAS , the City Commission of the City of Boynton beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to create the Ocean Avenue Overlay Zone and further the goals of the Downtown Master Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Definitions, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 1, Article II Definitions ARTS CAMPUS – Various principal and accessory components of the art creation process, including art production, education, residences for the artists and / or students, and display space, concentrated within two (2) or more buildings within a single geographic area. BUILD-TO LINE – A line delineating the maximum allowable distance that a building may be constructed from a property line. In instances where a build-to line is required, the space 380 of 448 between the building and property line is typically referred to as the “reduced building setback” area. No building may be constructed outside the reduced building setback area when the zoning code stipulates multiple build-to lines. COMMUNITY FACILITIES – A governmental use, including public parking facilities established primarily for the benefit and service for the population of the community in which it is located. INTERIOR DECORATOR STUDIO - A commercial establishment from where professional home interior decorating services are provided. This business may provide cloth, wallpaper, paint samples and the like, as part of the design services, but not on-site sales of furniture or other home furnishings. Section 3. Chapter 2, Article I, Overview, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 2, Article I, Section 2.A. APPLICATION TYPECODE REVIEWIAPPROVIPUBLIC SECTIONG NG HEARING N AUTHORIAUTHORIREQUIRE TY TY D? (STAFF) ARTICLE II. PLANNING AND ZONING DIVISION SERVICES continued Relief Applications Art II, Director of See Site See Site Section Waiver P&Z Plan Review Plan Review 4.E Section 4. Chapter 2, Article II, Planning & Zoning Division Services, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 2, Article II, Section 4.E. E. Waiver (Ocean Avenue Overlay Zone). 1. General. a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 as they pertain to the Ocean Avenue Overlay Zone (OAOZ). The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a 381 of 448 departure from the code upon demonstration that the subject request satisfies the intent of the review criteria contained herein. b. Applicability. For property located within the OAOZ, the waiver process shall be available for deviations from any development and design standards of Chapter 3, Article III, Section 8.D. 2. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 3.E.3 below, in addition to submitting any plans and exhibits required by the accompanying site plan, whenever applicable. 3. Review Criteria. The applicant shall justify each waiver request as part of the application for site plan or site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The City may request additional information and documentation from the applicant, such as a shared-parking study, or other type of performance related analysis that further justifies the waiver request. The burden of proof shall be on the applicant to present a superior design alternative and demonstrate that the application would further the purpose and intent of the OAOZ and not have any detrimental impact on adjacent properties or the surrounding area. 4. Approval Process. A waiver request may be approved by staff if the subject request is reviewed concurrently with a minor site plan modification application, and such application requires administrative review pursuant to the review criteria of Section 2.F above. Otherwise, the waiver application requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of the same or similar application affecting the same property or any portion thereof; however, this restriction shall not apply to applications which further the City’s economic development, workforce housing, or green building programs. 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or site plan modification approval remains in effect, or unless there is any amendment to the original waiver. Any amendment to the original approval shall require application for, and approval of, a new waiver. Section 5. Chapter 3, Article III, Zoning Districts and Overlay Zones, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: 382 of 448 Chapter 3, Article III, Section 8.D D. OCEAN AVENUE OVERLAY ZONE (OAOZ). 1. Purpose and Intent . The Ocean Avenue Overlay Zone (OAOZ) is comprised of multiple properties containing varying Future Land Use Map (FLUM) classifications and zoning districts. As such, the densities of developments shall correspond with the respective FLUM classifications. For new developments however, the maximum allowable density shall be 11 dwelling units per acre for projects on properties with single lot depth. Up to 20 dwelling units per acre may be allowed for when reclassifying lots with double depth to Mixed Use (MX), and where such project creates a through lot between two (2) or more streets. The purpose and intent of the OAOZ are as follows: a. Provide for a mix of selected commercial, residential, office, and entertainment activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re-use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian and historic scale of the area; b. Encourage the location of specialty retail, artist related uses and entertainment establishments in concentrations that will enable and encourage pedestrian movements between businesses, and between the marina / waterfront attractions to the east and the cultural / civic activities to the west; c. Initiate implementation of various recommendations contained within approved redevelopment plans; d. Stimulate greater awareness and pride in the City’s architectural, historical, and cultural heritage; and e. Improve overall livability of the general area and stabilize and improve property values. 2. Defined. The Ocean Avenue Overlay Zone (OAOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the st west by Seacrest Boulevard, on the south by Southeast 1 Avenue, and on stst the north by Northeast 1 Avenue, except between Northeast 1 Street and rd Northeast 3 Street, the north boundary shall be the alley between st Northeast 1 Avenue and Boynton Beach Boulevard. 3. Conflict. In the event of any conflict between the provisions of the Ocean Avenue Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws; and / or any rezoning of lands to a Mixed-Use zoning district. 383 of 448 4. Uses Allowed . See “Use Matrix Table 3-28” in Chapter 3, Article IV, Section 3.D. Additionally, no existing use shall be deemed non-conforming. 5. Building and Site Regulations (Table 3-27). Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: BUILDING / SITE REGULATIONS 1 Ocean Avenue Overlay Zone (Single Lot Depth) 5,000 s.f. Minimum lot area: 50 feet Minimum lot frontage: Maximum build-to line: 2 Front: 5 ft – 15 ft 2 Corner side: 5 ft – 15 ft Minimum yard setbacks: Rear: 10 feet 3 Abutting: Residential district: 20 feet 4 Interior side: 7.5 feet Abutting: Historic structures: 10 feet Maximum lot coverage: 65% 5 Maximum structure height: 35 feet (Double Lot Depth) All new developments with double lot depth shall be constructed in accordance with the Mixed-Use Low Intensity (MU-L1) zoning district building and site regulation Table 3-21 in Section 5.C above, except as contained herein. See “Single-Lot Depth” above for all proposed expansions or additions to existing structures. 5 35 feet Maximum structure height: 1 No existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height. 2 A paver plaza or “streetscape” design shall be required within the reduced building setback area where buildings are constructed in excess of five (5) feet from the property line. 3 Excluding property boundaries that abut rights-of-way. In these instances, the required setback shall be 10 feet. 4 The minimum side interior setback shall be five (5) feet for lots with 50 feet of frontage (but less than 75 feet). 384 of 448 5 Not to exceed three (3) stories. 6.Accessory Structures. a. Fences along the front of the property are discouraged. Any fence that is proposed however, shall be decorative in nature, opaque, and not exceed three (3) feet in height. Walls, chain link, board on board, shadowbox, and similar types of fences are expressly prohibited. b. All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view. 7. Parking. aMinimum Number of Required Spaces. . The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 above; however, the total number of required spaces may be reduced by up to 50% for all new developments, excluding multi-family residential projects. When two (2) or more adjacent property owners combine their off-street parking in accordance with the code and construct a shared parking facility with common access drives, the total number of required off-street parking spaces may be reduced by an additional 10%. b.Allowable Location of Off-Street Spaces. (1) The intent of the OAOZ is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. It is therefore, a requirement to locate off-street parking areas within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. Only existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off-street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, or a combination thereof, provided that such hedge and / or fencing would be compliant with the intent of the OAOZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2, Article II, Section 4.E. 385 of 448 (2) If 100% of the required off-street parking spaces cannot be provided on-site, they may be provided at an off- site location provided the following conditions are met: 1) the proposed location is not farther than 500 feet from the subject property as measured by a straight line from a point on the boundary of the property to the closest boundary line of the property to be leased; and 2) the off-site location is owned or leased by the owner or operator of the subject business or property owner. Any lease agreement must be approved by the City Commission. The parent business property shall be posted with signage indicating the location of the off-site parking spaces. All spaces provided by the property / business owner on and off-site shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A for additional provisions regarding exceptions to providing required off-street parking. 8.Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5 for additional regulations regarding required landscaping and streetscape design. 9. Building Design. a. New Buildings. All new buildings used for non- residential purposes shall be designed to be residential in character. The building design is encouraged to utilize sloped roofs, gables, porches, residential style windows and other elements normally associated with the typical frame vernacular buildings found in the City and throughout South Florida, and those of historic structures anticipated to be relocated to the area. New structures shall be constructed with the building entry oriented towards the street and shall be sensitive to the scale, massing and design envisioned in the Downtown Master Plan. b. Additions to Existing Buildings and Structures. All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions. Original materials and details, as well as distinctive form and scale features, which contribute to the character of the building and/or surroundings, shall be preserved to the maximum extent feasible. Rehabilitation work shall not destroy the distinguishing quality or character of the property or its environment. For historic structures, any new additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the structure. The new work shall be differentiated 386 of 448 X = Prohibited *N √√ (see Legend) √ (see Legend) * (see Legend) from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic structure and its environment would be unimpaired. 10. Signage and Exterior Lighting Standards. a. Signs allowed within the Ocean Avenue Overlay Zone shall be externally illuminated only, and consist of the prototypical monument sign designed for the area, wall mounted, and / or a projecting sign. b. The size of wall mounted signs shall be calculated at one- half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed six (6) square feet in size. d. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed 15 feet, be decorative in nature and compatible with the color and architecture of the building. Section 6. Chapter 3, Article IV, Use Regulations, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 3, Article IV, Section 3.D P = Permitted Residential Commercial Mixed-Use Indus Misc S O C = Conditional TE A = Accessory 387 of 448 AAB AA √√ √ L1L2L3 H IPUD A SMU MHPPID CBD PUD- PCD---REC --- 1 MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC RESIDENTIAL & LODGING 16 Accessory PPPPPP 14 Dwelling Unit * * * * * * 17 17 CCCCPC Bed & Breakfast C 14 * * * * * * 18 Dwelling, 15 PPPPPPPPPPA A Single-family 14 * * * * * * * * * * * * (detached) 16 15 18 Dwelling, Two-PPPPPPCPPPPPCA A 14 Family (duplex) * * * * * * * * * * * * * * * 16 19 15 19 Dwelling, PPPPPCPPPPPPA A 14 Multi-Family * * * * * * * * * * * * * * 16 20 15 Dwelling Units 20 PPPPPPPPA A in Mixed-Use 14 * * * * * * * * * * Buildings 16 21 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3 √√ √ * (see Legend) H IPUD A MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) RESIDENTIAL & LODGING continued Group Home PPPPPP21 Type 1 (6 or less * * * * * * 22 residents) Group Home C PP21 Type 2 (7 to 14 * * * 22 residents) Group Home CCCPP21 Type 3 (15+ * * * * * 22 residents) Group Home Type 4 (special CC21 * * 22 care, 7+ residents) PPPPCC C C P22 Hotel & Motel * * * * * * * * * 23 Live-Work PPPPP23 Units * * * * * 24 Manufactured P15 Home * 16 15 PPPPPCPPPPPP A A Townhouse 14 * * * * * * * * * * * * * * 16 COMMERCIAL Retail Sales 388 of 448 4 Art, Book, 5 Craft, Hobby, PPPPPPPPAA P P P 24 Music, Sporting * * * * * * * * * * 14 Goods, & Toys 25 8 Auto Dealer, PP 25 New * * 26 8 Auto Dealer, PP 26 Used * * 27 5 Beer, Wine, & PPPPPPPP 27 Liquor Store * * * * * * * * 28 8 Boat Dealer / CA 28 Rental * * 29 2 Clothing & PPP PPPPP 4 P P P Accessories * * * * * * * * 5 14 1 3 Convenience PPPPPPPPPPPP5 Store * * * * * * * * * * * * 11 29 30 1 2 PPPPPPPPP Florist P P P P 5 * * * * * * * * * 11 14 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3√√ √ * (see Legend) H IPUD A MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) COMMERCIAL Retail continued 2 Furniture & 4 PPPPPPPP Home P P P P 5 * * * * * * * * furnishing 11 14 8 CCCCCC Gasoline Station 30 * * * * * * 31 389 of 448 4 PCPPP5 Grocery Store P P P * * * * * 31 32 3 5 PPPPPPPP Hardware Store P P P 11 * * * * * * * * 32 33 Health & Personal Care 5 PP PPPPPP (Eyeglass, P P P P P 11 * * * * * * * * Medical 14 Supplies, Hearing-Aids) Jewelry, 2 PPPPPPP Luggage, & P P P P 5 * * * * * * * Leather Goods 14 2 5 Marine PPPPPPPPPPP 11 Accessories * * * * * * * * * * * 33 34 2 Merchandise, 5 PPPPPPPPPPP Used (Antique 34 * * * * * * * * * * * Shop) 14 35 Merchandise, PPP 35 Used (Other) * * * 36 Mobile Vending PPPPPPPPPP36 Unit (MVU) * * * * * * * * * * 37 Multiple-PPP37 Vendor Market * * * 38 Novelty, Gift, 2 PPPP PPPAA Souvenir, & P P P P 5 * * * * * * * * * Miscellaneous 14 3 Nursery, Garden PPPPP11 Ctr, & Farm * * * * * 38 Supply 39 3 Pharmacy & PPPPPPPPPPP5 Drug Store * * * * * * * * * * * 39 40 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3 √√ √ * (see Legend) H IPUD A MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) COMMERCIAL Retail continued 3 5 PAPPP PPPPP PPPAA Restaurant 40 * * * * * * * * * * * * * * * 14 41 390 of 448 1 3 Restaurant, PPPPP PPPPPPPPAA5 Take-out * * * * * * * * * * * * * * * 41 14 42 3 Specialty Food PPPPPPP P P P P 6 Store * * * * * * * 14 COMMERCIAL Services Auto / Car 10 Wash AC CC C11 (Polishing, * * * * * 42 Waxing, 43 Detailing) 8 Automobile APCPP 43 Rental * * * * * 44 Automotive, ACPCP44 Minor Repair * * * * * 45 13 Automotive, P 45 Major Repair * 46 Automotive Window Tinting ACPCP46 / Stereo * * * * * 47 Installation / Alarms 8 CCCC Bar & Nightclub C C C C 47 * * * * 48 PPP48 Check Cashing * * * 49 1 3 PPPPPPPPPPPP5 Dry Cleaner * * * * * * * * * * * * 11 49 50 8 PPPCCCA Funeral Home C C 50 * * * * * * * 51 Interior 9 PPPPPPPP P P P P Decorator 11 * * * * * * * * Studio 14 Mobile Vending PPPPPPPPPP36 Unit (MVU) * * * * * * * * * * 37 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3√√ √ * (see Legend) H AIPUD MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) COMMERCIAL Services continued 391 of 448 1 2 Personal Care 5 PPPPPPPPPPPPP (Beauty, Hair, 11 * * * * * * * * * * * * * Nails) 51 14 52 8 Pet Care 10 ACCCCCCCP (Boarding and 11 * * * * * * * * * Daycare) 52 53 AA5 Photography PP PPPPPP P P P P P * * 11 Studio * * * * * * * * 14 2 8 Postal / Mail APPPPPPPPPPP 11 Center * * * * * * * * * * * * 53 54 Repair, Rental, 11 & Maint of PP P P 54 Home / Garden * * * 55 Tools 2 5 PP PPP PPPP11 Travel Agency P P P P * * * * * * * * * 55 14 56 OFFICE & HEALTH CARE 1 7 Business or 8 PPP PPPPPP Professional P P P P P 11 * * * * * * * * * Office 56 14 57 13 PPPPPPP Call Center P P P P P 57 * * * * * * * 58 P58 Hospital * 59 Real Estate PP PPPPP 8 P P P P P Business * * * * * * * 14 PUBLIC & CIVIC USES AAAAAAAA59 Cemetery P * * * * * * * * 60 14 CCCCCCPPPPP15 Church P P P P P P P * * * * * * * * * * * 60 61 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3√√ √ * (see Legend) H AIPUD MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) 392 of 448 PUBLIC & CIVIC USES continued 61 Community PPPPPPPPPPPPPPPPPPPPP P P P 14 Facilities * * * * * * * * * * * * * * * * * * * * * * 62 Essential PPPPP62 P P P P P P P P P P P P P P P P P P P Services * * * * * 63 6 Organization, PPPPCCCCP11 Civic & * * * * * * * * * 63 Fraternal 64 ARTS, ENTERTAINMENT & RECREATIONAL 13 Adult CCCP 64 Entertainment * * * * 65 65 PPPPPPPPPPPAA Artist Studio P 14 * * * * * * * * * * * * * 66 PPP Arts Campus 14 * * * 2 6 Entertainment, PPPPPPP9 P P P P Indoor * * * * * * * 11 66 67 Entertainment, CC67 Outdoor * * 68 2 6 Indoor Athletic PPPPPPPP9 P P P Instruction * * * * * * * * 11 68 69 Marina, 9 PPPPPP (including 69 * * * * * * Yacht Club) 70 Museum, PPP P Historical & P P P P P P P P P 14 * * * * Cultural Rentals, 6 Recreational PPPPP 9 (bicycles, P P P P * * * * * 70 canoes, personal 71 watercraft) 9 Sightseeing & PPPPPPPPPPP 71 Scenic Tours * * * * * * * * * * * 72 PP9 PPPPPP PCPP* * 72 Theater * * * * * * * * * * 14 73 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3√√ √ * (see Legend) H AIPUD MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) 393 of 448 EDUCATIONAL 1 6 9 CCCCCCPCPPPPPP 11 Day Care C C C C C * * * * * * * * * * * * * * 14 15 73 74 14 School, Primary CCCCP15 C C P and Secondary * * * * * 74 75 INDUSTRIAL Storage, Distribution & Wholesale Trade Storage, Boats / 13 Motor / AAAAP 75 Recreational * * * * * 76 Vehicles 9 Storage, Self-CCCCP 76 Service * * * * * 77 12 CP Warehousing 77 * * 78 10 Wholesale CP12 Trade * * 78 79 INDUSTRIAL Services 13 P Boat Repair 79 * 80 Carpet and 11 Upholstery PPPP 80 Cleaning * * * * 81 Services 12 PP Contractor 81 * * 82 Dry Cleaning P10 Plant * 13 13 Exterminating P 82 and Pest Control * 83 Lawn 13 Maintenance & PP 83 * * Landscaping 84 Service Radio & TV PPPPPPP84 Broadcasting * * * * * * * 85 Rental / Leasing, 13 P Industrial & 85 * Commercial 86 Equipment 394 of 448 P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3√√ √ * (see Legend) H AIPUD MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) INDUSTRIAL Services continued Repair / 13 Maintenance, 16 P Industrial & 17 * Commercial 86 Equipment 87 Research & Development, P87 Scientific / * 88 Technological P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional A = Accessory X = Prohibited NOTES * AAB AA L1L2L3 √√ √ * (see Legend) H IPUD A MHPSMU PID CBD PUD PCDREC ---- --- 1 √ (see Legend) MUMUMUMU 1111231234 PU - ---------- M RRRRRRCCCC √√ (see Legend) INDUSTRIAL Services continued Sewer / Septic 13 P & Waste Mgmt 88 * Cleaning 89 2 Taxi, Limo, PPPCPP13 Charter Bus * * * * * * 89 90 10 Towing, Motor P13 Vehicle * 16 17 AGRICULTURAL Community PPPPPPPPPPPPPPPP PPPP90 Garden * * * * * * * * * * * * * * * * * * * * 91 E. Use Matrix Notes and Restrictions. 14. Ocean Avenue Overlay Zone (OAOZ). 395 of 448 a. Any proposed non-residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. b. Any allowable use (as indicated in the Use Matrix of Section 3.D above) is considered permitted by right, provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non-conforming. c. The below table shall be used to supplement the Use Matrix of Section 3.D above, including any notes and restrictions that are applicable to the subject use. Whenever the restrictions of this subsection conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated. PROPOSED USE R-3 C-2 PU REC Residential & Lodging AU 1 1 2, 3 2, 3 CCESSORY DWELLING NIT B&B 2 ED REAKFAST D,S-F() 1 1, 2 2, 3 2, 3 WELLING INGLEAMILY DETACHED D,T-F() 1 1, 2 2, 3 2, 3 WELLING WOAMILY DUPLEX D,M-F 1 1, 2 2, 3 2, 3 WELLING ULTIAMILY DUM-U WELLING NITS IN IXEDSE 1, 2 1, 2 2, 3 2, 3 B UILDINGS T 1 1, 2 2, 3 2, 3 OWNHOUSE Commercial - Retail A,B,C,H,M, RT OOK RAFT OBBY USIC 2 2, 3 2, 3 SG,&T PORTING OODS OYS C&A 2 LOTHING CCESSORIES F 2 LORIST F&HF 2 URNITURE OME URNISHING H&PC(E, EALTH ERSONAL ARE YEGLASS 2 MS,HA) EDICAL UPPLIES EARING IDS J,L,&LG 2 EWELRY UGGAGE EATHER OODS MU(AS) 2 ERCHANDISE SED NTIQUE HOP N,G,S,& OVELTY IFT OUVENIR 2 2, 3 2, 3 M ISCELLANEOUS R 2 2, 3 2, 3 ESTAURANT R,T-O 2 2, 3 2, 3 ESTAURANT AKEUT SFS 2 PECIALTY OOD TORE Commercial - Services IDS 2 NTERIOR ECORATOR TUDIO PC(B,H,N) 2 ERSONAL ARE EAUTY AIR AILS PROPOSED USE R-3 C-2 PU REC 396 of 448 Commercial – Services continued PS 2 2 2, 3 2, 3 HOTOGRAPHY TUDIO TA 1, 2 1 RAVEL GENCY Office & Health Care BPO 1, 2 1 USINESS OR ROFESSIONAL FFICE REB 1, 2 1 EAL STATE USINESS Public & Civic Uses CF 4 4 4 4 OMMUNITY ACILITIES Arts, Entertainment, & Recreational AS 2 2 2, 3 2, 3 RTIST TUDIO AC 2 2 2 RTS AMPUS M,H&C 2 2 2 USEUM ISTORICAL ULTURAL T 2 2 2, 3 2 HEATRE 1 Prohibited on the ground level of buildings that front on Ocean Avenue. 2. When proposed in this zoning district, the subject use shall only be allowed on property located within the OAOZ. 3 Only allowed as an accessory use to an AC RTS AMPUS located in the OAOZ. 4 Community facilities, other than public parking, shall be restricted to the area of Ocean Avenue between Seacrest Boulevard st and Northeast 1 Street. 15.Non-Residential Uses in Single-family Residential 14. Zoning Districts. a. R-1-AAB district, R-1-AA district, R-1-A district, and R-1 district. The following applies to facilities to be located within zoning districts limited to single-family homes. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. (2) Lot size. One (1) acre for all non-residential uses, except for DC establishments, which shall be AY ARE regulated in accordance with Section 3.E.74 76 below. (3) Frontage. Except for DC AY ARES establishments, a minimum frontage of 150 feet for all non- residential uses. (4) Landscaping.A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all 397 of 448 parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. (5) Design. Building design shall be consistent with surrounding residential styles. (6) Separation. Distances between residential properties and outdoor play areas shall be maximized. 16.Home Occupation… 15. 17. Accessory Dwelling Unit… 16. 18.Bed & Breakfast… 17. 19.Dwelling, Two-Family (Duplex)… 18. 20.Dwelling, Multi-Family… 19. 21.Dwelling Units in Mixed-Use Buildings… 20. 22.Group Home Types 1 through 4… 21. 23.Hotel & Motel (includes Boutique, Extended-stay, 22. Apartment, Timeshare Apartment)… 24. Live-Work Units… 23. 25.Art, Book, Craft, Hobby, Music, Sporting Good, & Toy 24. Store… 26.Auto Dealer, New… 25. 27.Auto Dealer, Used… 26. 28.Beer, Wine, & Liquor Store… 27. 29.Boat Dealer / Rental… 28. 30.Convenience Store… 29. 31.Gasoline Station… 30. 32.Grocery Store… 31. 33.Hardware Store… 32. 34.Marine Accessories… 33. 35.Merchandise, Used (Antique Shop)… 34. 398 of 448 36. Merchandise, Used (Other)… 35. 37.Mobile Vending Unit (MVU)… 36. 38.Multiple-Vendor Market… 37. 39.Nursery, Garden Center, & Farm Supply… 38. 40.Pharmacy & Drug Store… 39. 41.Restaurant… 40. 42.Restaurant (Take-Out)… 41. 43.Auto / Car Washes (Polishing, Waxing, Detailing)… 42. 44.Automobile Rental… 43. 45.Automotive, Minor Repair… 44. 46.Automotive, Major Repair… 45. 47.Automotive Window Tinting / Stereo Installation / 46. Alarms… 48.Bar & Nightclub… 47. 49.Check Cashing… 48. 50.Dry Cleaner… 49. 51.Funeral Home… 50. 52.Personal Care (Beauty, Hair, Nails)… 51. 53.Pet Care (Boarding and Daycare)… 52. 54.Postal / Mail Center… 53. 55.Repair, Rental, & Maintenance of Home / Garden 54. Tools… 56.Travel Agency… 55. 57. Business or Professional Office… 56. 58.Call Center… 57. 59.Hospital… 58. 60.Cemetery… 59. 399 of 448 61.Church… 60. 62. Community Facilities. 61. 63.Essential Services… 62. 64.Organization, Civic & Fraternal… 63. 65.Adult Entertainment… 64. 66.Artist Studio… 65. 67. Entertainment, Indoor… 66. 68.Entertainment, Outdoor… 67. 69.Indoor Athletic Instruction… 68. 70.Marina, including Yacht Club… 69. 71.Rentals, Recreational (Bicycles, Canoes, Personal 70. Watercraft)… 72.Sightseeing & Scenic Tours… 71. 73.Theater… 72. 74.Day Care… 73. 75.School, Primary and Secondary… 74. 76.Storage, Boats / Motor / Recreational Vehicles… 75. 77.Storage, Self-Service… 76. 78. Warehousing… 77. 79.Wholesale Trade… 78. 80.Boat Repair… 79. 81.Carpet and Upholstery Cleaning Services… 80. 82.Contractor… 81. 83.Exterminating and Pest Control… 82. 84. Lawn Maintenance & Landscaping Service… 83. 85.Radio & TV Broadcasting… 84. 400 of 448 86.Rental / Leasing, Industrial & Commercial 85. Equipment… 87. Repair & Maintenance, Industrial and Commercial… 86. 88.Research & Development, Scientific / Technological… 87. 89. Sewer / Septic & Waste Mgmt Cleaning… 88. 90. Taxi, Limo, Charter Bus… 89. 91.Community Garden… 90. Section 7. Chapter 4, Article II, Landscape Design and Buffering Standards, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 4, Article II, Section 4.B.5. 5. Streetscape Design. The “Urban Landscape Code” contains special landscape standards related to streetscape design. a. Applicability. This subparagraph shall apply to the following: (1) All properties currently zoned Central Business District (CBD); (2) Any property located within the Mixed Use (urban) districts (see Chapter 3, Article III, Section 5); (3) Any property located within the Ocean Avenue Overlay Zone (see Chapter 3, Article III, Section 8.D); (4) Any commercially-zoned property located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, Section 8); (5) Any property zoned Infill Planned Unit Development (IPUD) with frontage along Federal Highway (US1). This subparagraph shall apply to all properties currently zoned Central Business District (CBD), any properties located within the Mixed Use (urban) districts (see Chapter 3, Article III, Section 5), any commercially-zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, 401 of 448 Section 8), or properties zoned Infill Planned Unit Development (IPUD) with frontage along Federal Highway (US1). b. General Rules. The“streetscape” is generally considered to be the area located within the reduced building setback area in front and side corner yards in conjunction with the sidewalk area within abutting rights-of-way. Therefore, streetscape design encompasses both the private and the public domain. Trees located within sidewalk areas of public and / or private rights-of-way are considered “street trees.” c. Standards. The following standards are applicable to streetscape design and landscape material must comply with the following: (1). Trees.All new construction shall include shade trees in the streetscape. The trees selected shall be consistent with the established theme of the street, where appropriate. Trunks shall be a minimum four (4)-inch caliper and provide eight (8) feet of vertical clearance for cross-visibility and safe sight requirements. In instances where canopies or overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (2) Tree Spacing. Trees shall be regularly spaced between 20 - 25 feet on center. Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. Tree placement shall match the existing pattern, where appropriate. Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3). Flower Containers. Where practical, areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. Window boxes and entry walk plantings shall be incorporated into the overall landscape design theme. See Section 6.B. for additional regulations regarding foundation landscaping areas. (4) Any property owner requesting a change of use would be required to meet the minimum landscape requirements to the maximum extent feasible. Where deficiencies occur, other methods of landscaping (e.g., landscape cut-outs; planter pots; hanging baskets; etc.) shall be incorporated into the design. d. Miscellaneous. The landscape material proposed within the right-of-way must comply with Section 4.A.11above (Within Rights-of-Way) and with cross visibility and safe sight 402 of 448 requirements of Section 4.A.14 above and Chapter 3, Article II, Section 6. Section 8. Chapter 4, Article III, Exterior Building and Site Design Standards, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 4, Article III, Section 3.G G. Use Matrix Notes and Restrictions. The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.E., contain special standards related to exterior building and site design: 1. Group Home Type 1 (Note # 22 )… 21 2. Auto Dealer, New (Note #26 )… 25 3. Auto Dealer, Used (Note #27 )… 26 4. Gasoline Stations (Note #31 )… 30 5. Automobile Rental (Note #44 )… 43 6. Marina, Including Yacht Club (Note #70 )… 69 7. Day Care (Note # 74)… 73 8. Storage, Self-Service (Note #77 )... 76 Section 9. Chapter 4, Article V, Minimum Off-Street Parking Requirements, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 4, Article V, Section 3.F. F.Ocean Avenue Overlay Zone. See Chapter 3, Article III, Section 8.D for specific off-street parking provisions regarding the Ocean Avenue Overlay Zone. Section 4.A 1. Applicability . For existing structures within the Central Business District (CBD) or subsequent zoning districts established to supplement or 403 of 448 replace the CBD, and any parcel or parcels of land assembled by unity of title located within the Ocean Avenue Overlay Zone (OAOZ) that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard, no additional parking shall be required where: a. The structure is enlarged in a manner not exceeding one hundred percent (100%) of the gross floor area; or b. The capacity of the structure is increased by adding dwelling units, floor area, or seats; or c. The use of a structure is changed. 2. Ineligible Uses Exemptions.The following uses are exempt from the provisions of this subsection and shall be otherwise required to satisfy the parking requirements of this article: The provisions of this subsection do not apply to the following uses: a. Multi-family residential uses and structures. b. Churches, temples and other places or worship. c. Theaters, auditoriums, meeting halls, and other places of assembly. d. Clubs, lodges and fraternal organizations. Section 10. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 11. Authority is hereby given to codify this Ordinance. Section 12. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2011. 404 of 448 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) 405 of 448 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-073 Mayor and City Commission TO: Ed Breese FROM: Principal Planner Michael Rumpf THROUGH: Planning and Zoning Director January 11, 2010 DATE: RE: Ocean Avenue Overlay (CDRV 11-001) NATURE OF REQUEST Staff is proposing amendments to the Land Development Regulations (LDR) involving the creation of a Downtown Master zoning overlay zone for Ocean Avenue to further the vision contained within the Plan and support current CRA initiatives. BACKGROUND A staff team, including CRA staff, collaborated on a list of appropriate uses and development Downtown Master Plan regulations to implement the vision contained within theto create a Public Art and Cultural Corridor between the marina/waterfront attractions to the east and the cultural/civic activities to the west on Ocean Avenue. The plan envisions the adaptive reuse of existing buildings and the relocation of historic structures to vacant parcels along Ocean Avenue, in order to create a mix of uses which create a sense of place with small shops and restaurants, arts related businesses and residential uses, all at a pedestrian scale, and contributing to a pedestrian friendly atmosphere. The meetings with CRA staff has resulted in the creation of a defined area to be subject to the overlay zone, which is defined as the area bounded on the east by the F.E.C. Railroad, on the west by Seacrest ststst Boulevard, on the south by SE 1 Avenue and the north by NE 1 Avenue, except between NE 1 Street rdst and NE 3 Street, the north boundary shall be the alley between NE 1 Avenue and Boynton Beach Boulevard. Development regulations were then created to support the enhancement of the pedestrian and historic scale of the area, and a list of uses proposed that further the arts and cultural concept envisioned Downtown Master Plan. in the Staff was careful to ensure that no existing building or structure would be deemed to be non-conforming under these new regulations involving setbacks, lot coverage and building height and that no existing use would be deemed non-conforming. These regulations are also sensitive to any existing historic structures located within the overlay zone and any others that may be relocated into the zone in the future. Lastly staff proposes a waiver provision to the development and design standards to provide flexibility and relief and allow the applicant to submit a superior design that furthers the purpose and intent of the overlay zone without any detrimental impact on surrounding properties. PROPOSED AMENDMENTS 406 of 448 Existing regulations: The area within the proposed overlay zone consists of Neighborhood Commercial (C-2) and Multi- Family (R-3) zoning on primarily small and moderate size lots. Proposed regulations: As part of its analysis, staff reviewed the existing zoning of the properties and concluded that the zoning Downtown Master Plan. in place would likely not encourage the type of development envisioned in the The vast majority of the area is zoned Multi-family (R-3) which does not allow for the mixture of uses Plan. being promoted in the Additionally, the long range vision for the area, Mixed Use Low 1 (MU- L1), did not appear to accommodate the existing small parcels well, catering more to the assembly of lots for a larger project. Also, the MU-L1 regulations were not very compatible with the existing, Downtown Master Plan. smaller scale development already in place and promoted to remain under the As a result, staff recommends the creation of the Ocean Avenue Overlay Zone and the following amendments to the Land Development Regulations:  Chapter 1, Article II Definitions;  Chapter 2, Article II Planning & Zoning Division Services;  Chapter 3, Article III Zoning Districts and Overlay Zones;  Chapter 3, Article IV Use Regulations;  Chapter 4, Article II Landscape Design and Buffering Standards; and  Chapter 4, Article V Minimum Off-Street Parking Requirements, in order to add provisions for selected uses and development regulations for the Ocean Avenue Overlay Zone, as detailed in “Exhibit A” attached hereto. RECOMMENDATION Staff recommends that the proposed amendments to Land Development Regulations to create the Ocean Downtown Master Plan Avenue Overlay Zone and further the goals of the be approved. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-001 Ocean Avenue Overlay.doc 407 of 448 408 of 448 409 of 448 410 of 448 411 of 448 412 of 448 413 of 448 414 of 448 415 of 448 416 of 448 417 of 448 13. B LEGAL March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 NO. 11-009 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Establishing a CRA Board comprised of the members of the City Commission plus two other members appointed by the City Commission ER: This is the implementing Ordinance to establish a CRA Board XPLANATION OF EQUEST comprised of five City Commissioners and two appointees. Direction for this CRA Board configuration was provided by the City Commission at the February 1, 2011 City Commission meeting. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: None. LTERNATIVES 418 of 448 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE NO. 09-030 WHICH CREATED A SEVEN MEMBER CRA BOARD AND DELETING IN ITS ENTIRETY SECTION 2-13.2 OF THE CODE OF ORDINANCES; AMENDING CHAPTER 2. ADMINISTRATION TO ADD A NEW SECTION 2-13.2 PROVIDING FOR A COMMUNITY REDEVELOPMENT BOARD COMPRISED OF THE MEMBERS OF THE CITY COMMISSION PLUS TWO (2) ADDITIONAL MEMBERS APPOINTED BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach has determined that it is in the best interests of the citizens and residents of the City to add establish a Community Redevelopment Agency Board comprised of the members of the City Commission plus two additional members to the Community Redevelopment Agency, as permitted by Chapter 163.357(1)(c); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 2. Administration, Section 2-13.2 shall be amended by adding the words and figures in underlined type, as follows: Sec. 2-13.2. Governing body of community redevelopment agency. (a) The Community Redevelopment Agency Board shall consist of the five members of the City Commission plus two additional members appointed by the City Commission. (b) The terms of office of the additional Board members shall be for 4 years, except that the first person appointed shall initially serve a term of 2 years. (c) Any person may be appointed as Board Member if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation of the City of Boynton Beach. (d) A certificate of the appointment or reappointment of any Board Member shall be filed with the City Clerk, and such certificate is conclusive evidence of the due and proper appointment of such Board Member. Section 2. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. 419 of 448 Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. 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) 420 of 448 13. C LEGAL March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 NO.11-010 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Appointing two (2) additional members to the Boynton Beach Community Redevelopment Agency Board ER: At the City Commission meeting on February 1, 2011, the City XPLANATION OF EQUEST Commission approved the appointment of two additional members to the CRA Board, specifically James Buchanan and Mark Karageorge. This Ordinance formally implements those appointments and establishes terms of office for each of the two appointees. At the City Commission meeting of February 15, 2011, the City Commission determined the following terms: James Buchanan 2 Year Term Mark Karageorge 4 Year Term H? No affect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 421 of 448 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING TWO (2) ADDITIONAL MEMBERS TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT BOARD, ESTABLISHING TERMS OF APPOINTMENT, AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach has determined that it is in the best interests of the citizens and residents of the City to appoint two additional members to the Board of Commissioners of the Community Redevelopment Agency; and WHEREAS, the City Commission has selected two (2) individuals for appointment to the Community Redevelopment Agency Board; and WHEREAS, Florida Statute §163.356 requires appointment and designation of terms of office to be by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. The following individuals are hereby appointed to service on the Board of the Boynton Beach Community Redevelopment Agency for the term of office indicated next to their name: 1.James Buchanan 2 year Term 2.Mark Karageorge 4 year Term Section 3. This Ordinance shall be effective immediately after adoption. FIRST READING this 15th day of February, 2011. SECOND, FINAL READING AND PASSAGE this 1st day of March, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez 422 of 448 _____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay ATTEST: _____________________________ Commissioner – Steven Holzman _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 423 of 448 13. D LEGAL March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 1, 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 NO. 11-012 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amending attendance requirements of the Financial Advisory Committee ER: The Financial Advisory Committee has requested that the City XPLANATION OF EQUEST Commission consider an amendment to the current attendance requirement which reads as follows: (More than four meetings per year). 2-243 (d) Reappointment, Removal, Vacancy. All members may be reappointed without limitation as to the number of terms served. Members may at the discretion of the City Commission be removed with or without cause. A member shall be removed without action of the City Commission for missing more than four 4 meetings per year. Members that have been removed for cause may not be reappointed for a period of thirty six 36 months. If there is a vacancy in the membership the City Commission shall appoint a new member to fill the vacancy Inasmuch as the Financial Advisory Committee has opted to meet more than monthly (they have been meeting bi-weekly) the members of the Committee feel that the current attendance requirement of four meetings per year is restrictive. They have suggested two alternatives that would provide better flexibility, especially if the Financial Advisory Committee opts to continue more frequent meetings than monthly. The draft language maintains the current default language in the event the Financial Advisory Committee reverts to monthly meetings and also provides more flexibility in the event that the Financial Advisory Committee opts to maintain a more frequent schedule. Two individual versions of the Ordinance proposing the changes are attached. The revision option which is chosen will be read on second reading. 424 of 448 Proposed – Alternate based on shifting to consecutive absences or six total in the event the FAC meets more than monthly. 2-243 (d) Reappointment, Removal, Vacancy. All members may be reappointed without limitation as to the number of terms served. Members may at the discretion of the City Commission be removed with or without cause. Based on a monthly meeting schedule, a member shall be removed without action of the City Commission for missing more than four (4) three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets more frequently than once a month, a member will be removed without action of the City Commission for missing the greater of three (3) consecutive meetings or six meetings total in a calendar year. Members that have been removed for cause may not be reappointed for a period of thirty six 36 months. If there is a vacancy in the membership the City Commission shall appoint a new member to fill the vacancy. Proposed – Alternate based on percentage of absence 2-243 (d) Reappointment, Removal, Vacancy. All members may be reappointed without limitation as to the number of terms served. Members may at the discretion of the City Commission be removed with or without cause. Based on a monthly meeting schedule, a member shall be removed without action of the City Commission for missing more than four (4) three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets bi-monthly or more, a member will be removed without action of the City Commission for missing the greater three (3) consecutive meetings or 30% of a bi-monthly meeting schedule. Members that have been removed for cause may not be reappointed for a period of thirty six 36 months. If there is a vacancy in the membership the City Commission shall appoint a new member to fill the vacancy. H? As part of the City staff research on this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES matter, we determined that the attendance requirement for advisory boards is not consistent. Please see a supplemental report showing what other boards must comply with. There is a default ordinance that governs many advisory boards if there is no specific language in the code. The proposed amendment would, in the view of the Financial Advisory Committee, help them more effectively serve the City while providing greater flexibility. FI: None ISCAL MPACT A: Leave the code as is; or one of the two alternatives above. LTERNATIVES 425 of 448 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, "ADMINISTRATION," ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-243(d) OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES AMENDING THE ATTENDANCE REQUIREMENTS OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida established a Financial Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget; and WHEREAS , the Financial Advisory Committee has opted to meet more frequently than a monthly basis (bi-weekly) and the Committee feels that the current attendance requirement of four meetings per year is too restrictive; and WHEREAS , the Financial Advisory Committee has suggested alternate language that would provide better flexibility but would also retain current language in the event the Financial Advisory Committee reverts back to having monthly meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-243(d) of the Boynton Beach Code of Ordinances is hereby amended as follows: ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE Sec. 2-243 Committee Appointment and Membership … 426 of 448 Reappointment, Removal, Vacancy. (d) All members may be reappointed, without limitation as to the number of terms served. Members may, at the discretion of the City Deleted: A Commission, be removed with or without cause. Based on a monthly meeting schedule, a Deleted: four (4) member shall be removed without action of the City Commission for missing more than three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets more frequently than once a month, a member will be removed without action of the City Commission for missing the greater of three (3) consecutive meetings or six (6) meetings total in a calendar year.Members that have been removed for cause may not be reappointed for a period of thirty- six (36) months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. Deleted: FIRST READING this ___ day of ______________, 2011. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Column Break Vice Mayor – Marlene Ross ______________________________ 427 of 448 Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 428 of 448 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, "ADMINISTRATION," ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-243(d) OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES AMENDING THE ATTENDANCE REQUIREMENTS OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida established a Financial Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget; and WHEREAS , the Financial Advisory Committee has opted to meet more frequently than a monthly basis (bi-weekly) and the Committee feels that the current attendance requirement of four meetings per year is too restrictive; and WHEREAS , the Financial Advisory Committee has suggested alternate language that would provide better flexibility but would also retain current language in the event the Financial Advisory Committee reverts back to having monthly meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-243(d) of the Boynton Beach Code of Ordinances is hereby amended as follows: ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE Sec. 2-243 Committee Appointment and Membership … 429 of 448 Reappointment, Removal, Vacancy. (d) All members may be reappointed, without limitation as to the number of terms served. Members may, at the discretion of the City Deleted: A Commission, be removed with or without cause. Based on a monthly meeting schedule, a Deleted: four (4) member shall be removed without action of the City Commission for missing more than three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets bi-monthly or more, a member will be removed without action of the City Commission for missing the greater of three (3) consecutive meetings or thirty percent (30%) of a bi-monthly meeting schedule.Members that have been removed for cause may not be reappointed for a period of thirty-six (36) months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. Deleted: FIRST READING this ___ day of ______________, 2011. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Column Break Vice Mayor – Marlene Ross ______________________________ 430 of 448 Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 431 of 448 432 of 448 433 of 448 434 of 448 435 of 448 14. A FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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 including review EQUESTED CTION BY ITY OMMISSION of Wellington alternative transportation program - 03/15/11 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 436 of 448 14. B FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Charter Review Committee timeline and scope of work - EQUESTED CTION BY ITY OMMISSION 3/15/11 ER: At the February 1, 2011 City Commission meeting, the XPLANATION OF EQUEST Commission directed city staff to bring back for review a suggested timeline and scope of work for the Charter Review. This matter is scheduled to come back to the City Commission on 3/15/11. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 437 of 448 14. C FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Recommendation from Purchasing for Engineering Task EQUESTED CTION BY ITY OMMISSION Order RFQ - 3/15/11 ER: The Utilities Department along with the Recreation/Parks XPLANATION OF EQUEST Department have solicited an RFQ to consultant firms, having a favorable local and/or national reputation to provide general Consulting and Engineering Services to the City for assignments logically tied to the development, operation, and maintenance of the City. This work may include design services, design-build services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission, and reclaimed water transmission and distribution; and Civil works. In addition, the work may include architectural and landscape design services for parks, public spaces, and recreation facilities. The City expects to select and negotiate a contract with only the most highly qualified firm, as determined through this selection process, for each scope of work as follows:  SCOPE A: WATER PLANT MODIFICATIONS AND CAPACITY EVALUATION WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES  SCOPE B: INFRASTRUCTURE IMPROVEMENTS  SCOPE C: ANCILLARY STUDIES AND SERVICES  SCOPE D: MAPPING AND SURVEYING SERVICES  SCOPE E: ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 438 of 448 FI: ISCAL MPACT A: LTERNATIVES 439 of 448 14. D FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Configuration of Special Events Committee, scope, EQUESTED CTION BY ITY OMMISSION opportunities to consolidate coordination, timeline and expected gains - 3/15/11 ER: There are three (3) options with regard to a Special Events XPLANATION OF EQUEST Advisory Board or Ad Hoc Committee. Create a new Special Events advisory board to make recommendations to City 1. Commission of fundraising opportunities, special event opportunities, and other activities and opportunities throughout each fiscal year. 2. Create an ad hoc Special Events committee comprised of one member each from the following, existing advisory boards to make City Commission aware of fundraising opportunities, special event opportunities and other activities and opportunities throughout each fiscal year: Education & Youth; Recreation & Parks, Community Relations Board, Library Advisory Board, Arts Commission, Veterans Advisory Board, Senior Advisory Board. 3. Maintain status quo; neither create a new advisory board nor an ad hoc committee. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 440 of 448 14. E FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Follow-up on Joint City/CRA Downtown Workshop of EQUESTED CTION BY ITY OMMISSION 2/17/11 - Tentative April 5, 2011. ER: As a follow-up to the February 17, 2011 workshop, City and CRA XPLANATION OF EQUEST staff will be working (with Chamber of Commerce involvement) on development of an options matrix or other decision tool for City Hall, Old High School, Police Facility. Staff will be following up also with the HOB presentation and the visual arts presentation. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 441 of 448 14. F FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:City of Boynton Beach Green Building Program Ordinance EQUESTED CTION BY ITY OMMISSION - 4/05/11 ER: The proposed Green Building Program furthers the approved XPLANATION OF EQUEST Climate Action Plan initiatives 4.5.2 Sustainable Construction, and 4.5 Land Use and Development, by incentivizing Commercial and Residential properties within the City limits of Boynton Beach to voluntarily participate in the program, achieving greater energy and water conservation efficiencies than required by the current Florida Building Code. The program will be administered through the Department of Development. This program will achieve both Community-wide and City Operations energy and water reduction benefits. Water and wastewater conservation efforts will forestall the construction of projected water generation and waste water purification needs, and reduce the overall cost of water energy delivery to the Citizens of Boynton Beach. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 442 of 448 14. G FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Climate Action Plan Implementation Status Report - EQUESTED CTION BY ITY OMMISSION 4/05/11 ER: Per section 4.1.5 of the Climate Action Plan, adopted by the City XPLANATION OF EQUEST Commission through Resolution No. R10-150, the Sustainability Team will meet quarterly to evaluate the effectiveness of the City’s operations and policies (implementation strategies) on energy conservation and sustainability and provide a status report to the City Commission, on a quarterly basis. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 443 of 448 14. H FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Sister Cities Presentation - 4/05/11 EQUESTED CTION BY ITY OMMISSION ER: Follow-up presentation by the Committee to the City Commission XPLANATION OF EQUEST on accomplishments, plans and level of participation requested of City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 444 of 448 14. I FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Report and recommendation on Old High School EQUESTED CTION BY ITY OMMISSION Feasibility Study by REG Architects and Staff - 4/19/11 ER: XPLANATION OF EQUEST Program Update: Staff to develop project website by 2/25/11: Website to contain: 1) background/history of project; 2) document archives (reports relating to project); 3) announcements and events relating to the project; 4) link to the survey; and 5) post public engagement session information. Launch project survey by 2/25/11- to be available on line and in paper form – survey will be available to public for 30 days for completion. Preliminary Building Assessment Report received by REG – report identifies initial stabilization costs – report will be posted on new project website by 2/25/11. Public Engagement Session date set for Saturday, March 26, 2011 – Library Program Room, 10am-3pm; event will be posted on website in addition to press release. March, 2011 – analyze survey results; conduct public engagement session, identify prospective uses, evaluate funding mechanisms; develop business plan and present to City Commission in April, 2011. 445 of 448 REG Anticipates presenting final report and business plan to City Commission in April, 2011. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 446 of 448 14. J FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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:Bids for replacement of Intracoastal Sanitary Sewer Force EQUESTED CTION BY ITY OMMISSION Main - 5/03/11 ER: The utility has a force main running from the St Andrews site under XPLANATION OF EQUEST the Intracoastal to Jaycee Park. The main was originally installed in 1983 but in January 2009 we had a break in the line near the surface on the east side by St Andrews. There have been two subsequent smaller breaks with the last being in January of this year. The City has engaged an engineering firm, Brown & Caldwell, to design and permit a replacement line. Design and bid documents have been completed. Staff expects to put the project out to bid around March 1, 2011 with a possible request for Commission approval on April 15, 2011. Staff is still waiting for St Andrews to grant us a construction easement as they wish to avoid disruption on the golf course during their peak season. Florida Department of Environmental Protection (FDEP) is requesting detailed information on the progress of this project as they would like it to be completed as soon as possible. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 447 of 448 14. K FUTURE AGENDA ITEMS March 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 01, 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 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 448 of 448