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Agenda 07-05-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 5, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large William Orlove Vice Mayor – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk 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 332 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim July as Parks & Recreation Month. 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 Lorrie Scott, a regular member of the Code Compliance Board 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 recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach’s One Year Action Plan for FY 2011/2012. The anticipated 2011/2012 Community Development Block Grant allocation is $479,344. B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the eight (8) month period ended May 31, 2011. 3 of 332 PROPOSED RESOLUTION NO. R11-069 C. - Approve renewal of the City's Vision Plan with Humana CompBenefits for the renewal period October 1, 2011 to September 30, 2013 PROPOSED RESOLUTION NO. R11-070 D. - Approve a Five-Year Agreement with The Family Vending Co. Inc. of Coral Springs, FL for providing vending machines at various City locations, RFP #053-1410-11/CJD. The Agreement calls for the awarded vendor to pay the City a commission based on sales. E. Approve the minutes from the City Commission meeting held on June 21, 2011 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R11-071 A. - Approve renewal of the City's Life and Disability Insurance Plans with Hartford Life for the Fiscal Year 2011/2012 PROPOSED RESOLUTION NO. R11-072 B. - Approve a one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2011 through September 30, 2012 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach 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 Loc al Planning Agency and City Commission. None 10. CITY MANAGER’S REPORT A. Provide direction to staff regarding the Old High School RFP elements including proposed use, land disposition and preliminary engineering / architectural work. B. Update on staff research regarding potential city ownership of the Women's Club. C. Discuss the format for the FY2011/2012 Budget Workshops being held July 11, 12 & 13, 2011. 11. UNFINISHED BUSINESS A. Request to consider amendment to City Code on temporary banners. B. Follow-up to the Ad Hoc Special Events Committee Staff Liaison and Appointment Process 4 of 332 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 11-018 - SECOND READING A. - Approve amendments to the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development Districts (PID). Applicant: City-initiated. B. Lobbyist Registration Ordinance - David Katz 14. FUTURE AGENDA ITEMS A. Discuss the request by Ms. Lonergan of the Meadows HOA to allow the HOA to assume maintenance of the City vacant park land located at the Southwest Corner of Meadows Boulevard and Springfield Boulevard (extended) - 7/19/11 B. Economic Development Plan - 7/19/11 C. Modification to City's lobbying registration ordinance - 7/19/11 D. Contractual Agreement between the City of Boynton Beach and Sharyn Goebelt - 7/19/11 E. Update by Utilities on the Seacrest Corridor Project - 7/19/11 F. Follow-up to City/CRA workshop - 8/02/11 G. Veteran's Park on Ocean Ave - 08/16/11 H. City Manager Search - 8/16/11 I. Recommendation from the “review committee” to rename the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD J. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT 5 of 332 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 332 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Proclaim July as Parks & Recreation Month. EQUESTED CTION BY ITY OMMISSION ER: National Parks & Recreation Month is scheduled for July. It is XPLANATION OF EQUEST always a great time to enjoy many of the great activities being organized by the Recreation & Parks Department. The U.S. House of Representatives has designated July as Parks and Recreation Month. By making this proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits derived from quality public recreation. H? The proclamation will help promote Parks OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and Recreation in our community. FI: N/A ISCAL MPACT A: Do not proclaim July as Parks & Recreation Month. LTERNATIVES 7 of 332 P R O C L A M A T I O N WHEREAS public parks and lands provide for the critical “green” infrastructure that collectively enhance both community spaces and wild places making the great State of Florida, the best place to live in the country; WHEREAS local parks and recreation experiences enhance the citizens of Boynton Beach’s quality of life by contributing to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills, and providing places for enjoyment; and WHEREAS , parks and recreation programs, tournaments and events boost the economy, enhance property values, attract new business, increase tourism, and reduce crime; and WHEREAS, opportunity for recreation builds family unity, strengthens neighborhood involvement, provides for social interaction, enhances education, develops creativity, and promotes cultural diversity; and, WHEREAS, Boynton Beachparks and trails ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water, preserve plant and animal wildlife, and WHEREAS participation in recreation and outdoor activities provides education and therapy for stress relief, improved health and are essential to the rehabilitation of individuals who have been ill or disabled; and WHERAS , Boynton Beach recognizes the benefits derived from quality public and private park and natural land resources at the local and regional level; and WHEREAS, the National Recreation and Park Association and the Florida Recreation and Park Association designated July as Park and Recreation Month; NOW THEREFORE , I, Jose Rodriguez, Mayor of the City of Boynton Beach, proclaim July 2011, as Park and Recreation Month and encourages residents and visitors to enjoy using the parks, trails, programs and special places that enhance the quality of life of our community. In witness thereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be . affixed at Boynton Beach Florida, this 5th day of July in the year 2011 Attest: ____________________________________ Jose Rodriguez, Mayor ____________________________ Janet M. Prainito, MMC (Corporate Seal) 8 of 332 5. A ADMINISTRATIVE July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 9 of 332 10 of 332 11 of 332 12 of 332 13 of 332 14 of 332 15 of 332 16 of 332 17 of 332 5. B ADMINISTRATIVE July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 Lorrie Scott, a regular member of EQUESTED CTION BY ITY OMMISSION the Code Compliance Board ER: Lorri Scott has submitted an email resigning as a regular member XPLANATION OF EQUEST of the Code Compliance Board due to a conflict of interest. H? The Code Compliance Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 18 of 332 19 of 332 6. A CONSENT AGENDA July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 recommendations of the Community EQUESTED CTION BY ITY OMMISSION Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach’s One Year Action Plan for FY 2011/2012. The anticipated 2011/2012 Community Development Block Grant allocation is $479,344. EXPLANATION: The City Of Boynton Beach is in its fifteenth year as an entitlement community for receiving Federal Grant Funds. The Acton Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one “whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low-income areas”. City activities that are taken on by a municipality must meet three (3) national objectives:  Benefit low and moderate-income persons  Address slum and blight  Meet a particular urgent community development need The following is a list of types of eligible activities: Property acquisition and disposition  Clearance and demolition  Interim assistance to arrest severe deterioration or alleviate emergency conditions – e.g.,  hurricane, earthquakes, flooding 20 of 332 Completion of urban renewal projects  Relocation assistance  Loss of rental income (related to relocation)  Code Enforcement  Construction of New Housing  Housing Rehabilitation  Public Facilities and Improvements  Public Services  Relocation  Removal of Architectural Barriers  Homeownership assistance (e.g., down payment assistance, interest subsidies)  Technical assistance to public or nonprofit entities to increase the capacity of such entities to  carry out eligible neighborhood revitalization or economic development activities Lead-based paint testing and abatement  Public Facilities and Improvements Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer lines,  streets and sidewalks Acquisition, construction or rehab of neighborhood facilities and facilities for persons with  special needs (e.g., homeless shelters, group homes and halfway houses) Public Services Job training and employment services  Health care and substance abuse services  Child care  Crime Prevention  Fair housing counseling  Proposals were received as a result of public advertisement, with a workshop held for the purpose of explaining the program, eligibility requirements, and public input. The following represents the committee members that reviewed the applications: Beverly Agee - Attorney, Member of the City’s Building Board of Adjustment and Appeals Brian Edwards - Planner – Palm Beach County EMC Angela Girtman - Teacher PROGRAM IMPACT: As described above, the Community Development Block Grant (CDBG) Program’s purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. To this end, six (6) proposals were received and evaluated by the committee and the results are as follows: Aid to Victims of Domestic Abuse, Inc . –To provide funding for one-half of the salary and benefits of an intervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measurable results, and will provide individual and group counseling to children as needed. *Funding Request $23,000 Committee Recommendation $17,500 (*Public Service) Boynton Beach Faith-Based Community Development Corporation – The Boynton Beach Faith-Based CDC is a state recognized Community Housing Development Organization (CHODO). 21 of 332 The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development initiatives. They are also a Community Based Development Organization (CBDO) which offers the city more flexibility in achieving its Community Development Objectives. Funding Request $186,210 Committee Recommendation $100,000** **This amount is based on the belief that the Faith-Based CDC will partner with Habitat for Humanity in assisting in the development of the Ocean Breeze West Project. Should they choose not to partner with Habitat, the recommendation for funding is $65,000. Community Caring Center dba “Ocean Avenue Green Market” – The Community Caring Center is facilitating a not-for-profit cooperative/incubator/grocery store. The program includes creating awareness & educating the public by involving the faith community and creating a business incubator focusing on entrepreneurs whose businesses are related to the food industry. Funding Request $25,000 Committee Recommendation $25,000 (Economic Development) Community Caring Center – Agency requests funding to provide for staffing costs and other administrative costs related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage and rent payments, medication assistance, food and food vouchers, and direct emergency social services to seniors, to name just a few. *Funding Request $55,000 Committee Recommendation $45,400 (*Public Service) Girl Scouts of Southeast Florida –To provide funding in the form of scholarships for program supplies for up to 250 girls to attend one of three - six (6) week courses with lessons in personal safety, life skill development, health & wellness, leadership skills and over all esteem building. Recruitment of the participants and the location[s] of the activity are pending funding approval. *Funding Request $10,000 Committee Recommendation $-0- (*Public Service) Unlimited Dance & Art Enrichment, Inc . – To provide funding for participants in the program for event tickets, trips, incentives, and equipment, as well as for upkeep of their website, application fee for non-profit status, and various fees for guest facilitators. The City of Boynton Beach provides meeting space at the Carolyn Sims Recreation Center, and additional funding through its Youth Violence Prevention Project (YVPP). The program provides educational opportunities and enrichment through the Arts for participants to experience cultural and social events. *Funding Request $10,000 Committee Recommendation $-0- (*Public Service) City of Boynton Beach Recreation Department – Provide summer camp scholarships for low income students eligible for free and reduced lunches. Staff Recommendation $9,000 (*Public Service) Summary: Sub-grantee funding...........................................................................................$187,900 [Public Service funding of sub-grantees = 62,900] 22 of 332 City of Boynton Beach Recreation Department [*Public Service].............................9,000 Planning & Grant Administration.............................................................................95,868 Housing Rehabilitation & Delivery........................................................................186,576 TOTAL................................................................................................................$479,344 FISCAL IMPACT: The City Of Boynton Beach’s CDBG allocation for FY 2011/2012 is $479,344, which is a 16.3% decrease from FY 2010/2011. Twenty percent or $95,868 will be used for the administration of the CDBG program. Fifteen percent or $71,901 of the funds will be used to provide public services to the residents of the City of Boynton Beach. ALTERNATIVES: The City Of Boynton Beach would have to use General Fund dollars, or discontinue its revitalization efforts. 23 of 332 24 of 332 25 of 332 26 of 332 27 of 332 28 of 332 29 of 332 6. B CONSENT AGENDA July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 FY 2010 -11 Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Fund Revenues & Expenditures for the eight (8) month period ended May 31, 2011. ER: This report analyzes actual revenues and expenditures of the City’s XPLANATION OF EQUEST General Fund and Utility Fund for the eight (8) month period ended May 31, 2011 (67% 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 actual budgetary results to date for the General Fund and the Utility Fund ISCAL MPACT follow. 30 of 332 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  Transfers from other funds of $27.0 million representing 40% of all fund sources. For the eight months in FY 2011,  Revenues and transfers realized are $ 52.8 million (77%) of the budget estimate, but slightly behind the dollar amount and percent of revenue realized to date compared to FY 2010.  Expenditures incurred are $ 46.3 million (68%) of the annual appropriated budget, but ahead of FY 2010 with $41.8 million (59%). FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 52,83677%$ 70,517$ 54,655 78%-3%-3% Expenditures$ (68,551)$ (46,306)68%$ (70,517)$ (41,787)59%-3%11% Excess (Deficit)$ -$ 6,530$ -$ 12,868 The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $52.8 million received to date, the funding sources are behind by $1.8 million; 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. To date net property taxes actually received is $20.7 million for FY 2011, the City actually levied a $4.5 million tax reduction in FY 2011 reducing property taxes from $30.0 million in FY 2010 to $25.5 million in FY 2011. 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. Franchise fees are down from 62% collected at this point last year to 58% in FY 2011 100% - $ 68.5 M – Total funding sources 31 of 332 Expenditures (Exhibit B) – General Fund expenditures for the eight month period ended May 31 (67% of the fiscal year) are $ 46.3 million (68%) 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 table at the top of Exhibit B displays actual expenditures of $ 46.3 million. We are ahead in spending compared to the $ 41.7 million actual spending levels in FY 2010 for this same period. Police and Fire spending levels impact the overall total of FY 2011 higher spending levels. At the 67% part of the fiscal year behind us, their spending levels in FY 2011 compared to FY 2010 are:  Police FY 2011 = 70% expended compared to 59% at this same point in FY 2010  Fire FY 2011 = 69% expended compared to 58% at this same point in FY 2010 . The major reason results from the fact that the City’s Annual Required Contribution (ARC) to the pension plans that are a major expenditure of these two departments are made monthly this year in order to save interest. Last year the ARC was paid at the end of FY 2010. 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. The operational forecast may yield an estimated $4.3 million fund balance increase for the year based on the budget. For the eight months in FY 2011,  Revenues realized are $ 22.8 million (72%) of the annual budget estimate.  Expenditures incurred are $21.1 million (66%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $ 1.7 million. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967 $ 22,875 72%$ 32,465 $ 22,370 69%-2%2% Expenditures$ (31,967)$ (21,154)66%$ (32,465)$ (19,898)61%-2%6% Excess (Deficit)$ -$ 1,721 $ -$ 2,472 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $ 22.8 million in FY 2011 revenues and fund balance increase are slightly ahead of the $ 22.3 million to date in FY 2010, because of two factors:  Water Sales - $ 12.0 million equivalent to 71% of the annual estimate, compared to $ 11.1 million (72%) at this point in FY2010.  In FY 2011, $ 4.3 million is being recognized as an added increase to fund balance, compared to an added increase of $ 2.4 million in FY2010. These factors should provide for adequate bond debt service coverage. 32 of 332 Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $ 21.1 million or 66% of the annual appropriation compared to expenditures of $ 19.9 million or 61% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 33 of 332 34 of 332 35 of 332 36 of 332 37 of 332 6. C CONSENT AGENDA July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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. R11-069 - Approve EQUESTED CTION BY ITY OMMISSION renewal of the City's Vision Plan with Humana CompBenefits for the renewal period October 1, 2011 to September 30, 2013 PARP: October 1, 2011 thru September 30, 2013 ROVIDER GREEMENT ENEWAL ERIOD ER: On August 4, 2009 the Commission awarded a Provider XPLANATION OF EQUEST Agreement for RFP #056-1610-09/CJD. Per Resolution R09-109, dated August 4, 2009 the City entered into a Provider Agreement with Humana CompBenefits for a Vision Plan for a one year term 10/01/09 – 09/30/10, with three additional one (1) year renewal options for all City employees. On July 20, 2010 the City passed Resolution R10-096 approving renewal of the Vision Plan with Humana CompBenefits for a period of one year, 10/01/10 – 09/30/11, at the same terms, conditions and rates as allowed by the Provider Agreement. After discussions between Willis of Florida (the City’s Benefits Consultants) and Humana CompBenefits, Humana CompBenefits has extended the renewal offer for the remaining two (2) renewal periods with a reduction in rates of 2% for the period 10/01/11 – 09/30/13. The City’s Insurance committee met on Wednesday, May 18, 2011 at a publically noticed meeting and was updated by Willis as to the renewal offer from Humana CompBenefits, the Insurance committee agreed to recommend the renewal of this plan to take advantage of the 2% rate reduction. 38 of 332 This two year provider agreement will be the remaining renewal periods under this RFP and staff intends to issue another RFP for this coverage at the end of this agreement period. The current and renewal monthly rates are as follows: Current Rates Renewal Rates Employee $ 3.92 $ 3.84 Family $16.94 $16.60 The annual expenses for the Vision Plan for the current and previous fiscal years are as follows: FY 2008/2009 $ 42,726.42 FY 2009/2010 $ 35,243.78 FY 2010/2011(to date) $ 27,408.64 H? Providing the vision plan as part of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City’s overall benefit package to employees assists in recruiting and maintaining employees. FI: The fiscal impact would be a 2% reduction in the City’s monthly premiums for ISCAL MPACT the next two fiscal years. The anticipated 2% reduction in monthly premium has been taken into account during the FY 2011/2012 budget preparation. A: Do not renew Provider Agreement for the City’s Vision Plan with Humana LTERNATIVES CompBenefits and issue a bid for the City’s Vision Plan. The City’s Benefits Consultant (Willis of Florida) and staff recommend renewing the City’s current Vision Plan. 39 of 332 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING RENEWAL OF THE VISION PLAN WITH HUMANA COMP BENEFITS FOR A PERIOD OF TWO YEARS FROM OCTOBER 1, 2011 TO SEPTEMBER 30, 2013; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on August 4, 2009, the City Commission of the City of Boynton Beach awarded a Provider Agreement via Resolution 09-109 to Humana “CompBenefits” for a vision plan; and WHEREAS , the Provider Agreement approved by the City Commission provided for three (3) additional one (1) year extensions; and WHEREAS , on July 20, 2010, the City Commission approved renewal of the Vision Plan with Humana ComBenefits for a period of one year at the same terms, conditions and rates as allowed by the Provider Agreement; and WHEREAS, Humana CompBenefits has extended the renewal offer for the remaining two (2) additional renewal periods with a reduction in rates of 2% for the period October 1, 2011 to September 30, 2013; 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 two year renewal of the Provider Agreement with Humana CompBenefits vision plan commencing October 1, 2011 to September 30, 2013 for all city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the two year renewal of a Provider Agreement with Humana CompBenefits vision plan commencing October 1, 2011 through September 30, 2013, for all city employees, a copy of the Provider Agreement 40 of 332 is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 41 of 332 42 of 332 43 of 332 44 of 332 45 of 332 46 of 332 47 of 332 48 of 332 49 of 332 50 of 332 51 of 332 52 of 332 53 of 332 54 of 332 55 of 332 56 of 332 57 of 332 58 of 332 59 of 332 60 of 332 61 of 332 62 of 332 63 of 332 64 of 332 65 of 332 66 of 332 67 of 332 68 of 332 69 of 332 70 of 332 71 of 332 72 of 332 73 of 332 74 of 332 75 of 332 76 of 332 6. D CONSENT AGENDA July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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. R11-070 - Approve a EQUESTED CTION BY ITY OMMISSION Five-Year Agreement with The Family Vending Co. Inc. of Coral Springs, FL for providing vending machines at various City locations, RFP #053-1410-11/CJD. The Agreement calls for the awarded vendor to pay the City a commission based on sales. AP:A1,201131,2016 GREEMENT ERIOD UGUST THROUGH JULY ER: The existing Agreement for beverage and snack machines for XPLANATION OF EQUEST various City locations with Coca-Cola Beverage and Steve’s Vending expired on June 30, 2011. Procurement issued Requests for Proposals and advertised for vendors to provide vending machines and services at various City locations. Three (3) proposals were received and opened on June 7, 2011. It is the intent of the RFP to award both the cold drinks and snack vending services to a single vendor in order to have a single point of contact for services needed throughout the agreement period. The current snack vendor did not submit a proposal and the current cold drink vendor submitted a proposal only to continue providing cold drinks. An evaluation team consisting of Wally Majors, Recreation & Parks Director, Julie Alibrandi, Buyer, and Tim Howard, Deputy Director of Finance evaluated the proposals. As explained in the RFP, the evaluation categories consisted of experience of contact person, technical approach, experience and qualifications of company and price proposal. After each member evaluated the proposals and assigned numerical scores to the individual areas an overall ranking was generated based on the highest numerical score being number one and the 77 of 332 lowest being number three. The results of the evaluation team’s individual rankings were then combined to determine the number one ranked firm. The result was that The Family Vending Co. Inc. of Coral Springs was ranked number one. The provisions of the RFP and the Agreement provide for a five (5) year term with the provision that the Agreement can be renewed for three (3) additional one (1) year terms at the sole discretion of the City. The Agreement provides a commission of 25% of the selling price to the City on a monthly basis. The vendor is required to submit the payment monthly along with reports showing the volume and calculation of the commission per machine. The Agreement allows the Finance Department to review with the vendor the performance of the machines and determine if any price adjustments are warranted to the selling price or if any additional machines are desired by the City at other locations. The City will need to notify the current vendors of the change in vendors and allow them time to remove their machines and also coordinate with the new vendor for placement of new machines. Staff is requesting that the new Agreement become effective on or about August 1, 2011. H? The purpose of this RFP was to seek a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES sole vendor to provide drink and snack machines at various locations throughout the City and for the City to receive commissions based on sales. The machines are utilized by employees and the public. FI: There is no expense to the City as a result of this Agreement. The Agreement ISCAL MPACT provides for the vendor to pay the City a commission monthly based on gross sales. The estimated annual commission the City receives is $5,000. Historically, these funds have been used to partially subsidize an annual employee party. For this contract period staff recommends these funds be deposited in miscellaneous revenues in the General Fund. A: Do not award the Agreement and remove existing machines from all locations LTERNATIVES or re-issue RFP. 78 of 332 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #053-1410-11/CJD TO THE FAMILY VENDING CO., INC., PROVIDING FOR A FIVE YEAR AGREEMENT FOR SNACK AND COLD DRINK VENDING MACHINES; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the existing agreement for beverage and snack machines at various City locations with Coca-Cola Beverage and Steve’s Vending expired on June 30, 2011; and WHEREAS , on June 7, 2011, Procurement received and opened three (3) proposals in response to the RFP #053-1410-11/CJD WHEREAS, after review and evaluation it has been determined appropriate by staff to recommend award of this agreement to The Family Vending Co., Inc., of Coral Springs, Florida whose proposal was overall responsive and responsible proposer; and WHEREAS , upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFP #053-1410-11/CJD to The Family Vending Co., Inc., of Coral Springs, Florida. 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 of RFP #053-1410-11/CJD to The Family Vending Co., Inc., of Coral; Springs, for a Five Year Agreement for Snack and Cold Drink Vending Machine Services. Section 3. That the Interim City Manager is hereby directed to execute an Agreement between the City of Boynton Beach and The Family Vending Co., Inc., of Coral Springs, Florida, a copy of which is attached hereto. 79 of 332 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of July 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 80 of 332 AGREEMENT BETWEEN THE FAMILY VENDING CO., INC. AND THE CITY OF BOYNTON BEACH, FLORIDA REQUEST FOR PROPSOSAL #053-1410-11/CJD THIS AGREEMENTThe Family Vending Co., Inc., VendorCITY OF between () and the BOYNTON BEACH, FLORIDACity () is made this _____ day of ___________, 2011. W I T N E S S E T H : WHEREASVendorCity , and the wish to enter into an agreement to incorporate the terms and conditions of RFP #053-1410-11/CJD regarding the provision of Vending Machine Service specified in such RFP, including but not limited to cold food, snacks, and beverages. NOW, THEREFORE , for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitations set forth above are incorporated as if fully set forth herein. 2. The term of this Agreement shall commence on or about _______ , 2011 and extend until ___________________________, 2016. This Agreement may be renewed for three (3) additional terms at (1) year intervals (not to exceed (3) years) by the City, in its sole discretion. 3Vendor . shall provide the full service Cold Food/Snacks/Beverages vending placements Vendor as specified by RFP #053-1410-11/CJD, attached hereto and incorporated herein. shall provide 24 hour, 7 days a week priority service for all mechanical problems with its equipment. Response time shall be within 24 hours of the service call. Vendor 4. shall provide the brand names of the Product as set forth in RFP #053-1410- 11/CJD. The Cold Food/Snacks/Beverages vending machines shall be filled by a full service Vendor. driver employed by Vendor City 5. shall reimburse the the amounts, as provided in RFP #053-1410-11/CJD from the sales it incurs from the Cold Food/Snacks/Beverages vending machines. 81 of 332 Vendor 6. shall provide on an annual basis throughout the 5 year term, and any renewal periods, of this Agreement all of the items that were set forth in RFP #053-1410-11/CJD. 7. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 8. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Boynton Beach Finance Department 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 As to Vendor: The Family Vending Co., Inc. th 3651 NW 120 Avenue Coral Springs, FL 33065 ATTN: John F. Brewster VendorCity 9. shall not, without prior written consent of the , assign any portion of its Vendor interest under this contract and, specifically, shall not assign any moneys due or to City become due without the prior written consent of the . CityVendor 10. The and each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Vendor 11. , for good and valuable consideration shall indemnify, defend and save harmless City the , its officer’s agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided pursuant to this Agreement; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on Vendor account of any act or omission of or its subcontractors, agents, servants or employees. VendorCity agrees to defend, indemnify and save harmless the itsofficers, agents and 82 of 332 employees, against any liability arising from or based upon the violation of any federal, state, Vendor county or city laws, by-laws, ordinances or regulations by , its subcontractors, agents, servants or employees. VendorCity further agrees to defend, indemnify and save harmless the , its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every City name and description that may be brought against the or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all City suits and actions that may be brought against the , its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. Vendor The indemnification provided above shall obligate to defend at its own expense City's or to provide for such defense, at the option, any and all claims or liability and all suits City and actions of every name and description that may be brought against the , its officers, agents, or employees which may result from the operations and activities under this agreement Vendor whether the work be performed by , its subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney’s fees and costs at trial and appellate levels. Vendor 12. This Agreement shall be considered null and void unless signed by both and the City . This Agreement may be executed in counterparts. 13. The contract documents, including RFP #053-1410-11/CJD, constitute the entire CityVendor agreement between the and and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: CITY OF BOYNTON BEACH By: ___________________________ By: _______________________________ 83 of 332 City Clerk Lori LaVerriere, Interim City Manager Approved as to legal sufficiency and form: By: __________________________ City Attorney VENDOR WITNESSES: : THE FAMILY VENDING CO., INC. ___________________________ By: _______________________________ ___________________________ ___________________________________ (Print or Type Name) (Print or Type Name) WITNESSES: (SEAL) ___________________________ ___________________________ (Print or Type Name) STATE OF FLORIDA COUNTY OF ______________ The foregoing instrument was acknowledged before me this _____ day of ___________, BARRY FRANKEL, President 2011, byasof The Family Vending Co., Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced _______________________ (type of identification) as identification. ___________________________________ Notary Public – State of Florida 84 of 332 85 of 332 86 of 332 87 of 332 88 of 332 89 of 332 90 of 332 91 of 332 92 of 332 93 of 332 94 of 332 PRESENT CITY OF BOYNTON BEACH VENDING MACHINES/LOCATIONS LOCATION ADDRESSMACHINE INFORMATION Utilities Admin. Building 124 E. Woolbright Rd. Coke/Snack machines East Water Treatment Plant 124 E. Woolbright Rd. Coke machine West Water Treatment Plant 5469W. Boynton Beach Blvd. None/to be considered Art Center 125 E. Ocean Ave. Coke machine Tennis Center 3111 S. Congress Ave. Coke machine Civic Center 128 E. Ocean Ave. Coke/Snack machines Hester Center 1901 N. Seacrest Blvd. Coke/Snack Machines West Wing City Hall 100 E. Boynton Beach Blvd. Coke Machine th Public Works/Prks Forestry 222 N.E. 9 Avenue Coke/Snack th Sims Center 225 NW 12 Ave. Coke/Snack City Hall Employees Lounge 100 E. Boynton Beach Blvd. Coke/Snack/Cold Food 95 of 332 NATURE OF SERVICES REQUIRED PART II 2-1WORK OBJECTIVE The City of Boynton Beach desires to have a single Vendor provide Product through machines provided at the Vendor’s sole expense at designated locations on City property. A current list of the location of the vending machines is attached in Appendix A. These locations may be deleted or added to by the Vendor upon approval of the City. The City of Boynton Beach has four (4) specific goals for this proposal: 1.Assurance that the public health and safety are well guarded. 2.Assurance of full compliance with all Federal, State, and Local laws that regulate food and beverage vending services. 3.Provide the best quality Cold Food/Snacks/Beverages Vending Machine service at the lowest cost to the taxpayers and employees of the City. 4.Pay a commission to the City. 2-2 SCOPE OF WORK TO BE PROVIDED A. Provision of Machines, Maintenance, and Stocking The successful Vendor shall be solely responsible for the placement of machines at locations designated by the City on City owned or leased property. The Vendor shall be responsible for keeping all equipment in a clean and sanitary condition. The Vendor shall be solely responsible for their upkeep and repair to ensure they are in good working order at all times. Machines that are damaged or unsightly shall be removed within five (5) workdays of notice from the City. Stocking of new, fresh Product shall be the sole responsibility of the successful Vendor. All dated Product must be fresh, with un-expired dates of sale at all times. Vendor shall remove all expired Product not later than the printed expiration date if not sold. Sale of expired Product shall be a basis for default of the contract. Vendor shall be responsible for stocking and restocking Product on a regular basis based on sales volume. Repeated out of stock conditions in one or more machines shall provide a basis for contract default. B. Specifications for Cold Food/Snacks /Beverage Vending Machine/Equipment Machine/Equipment Description 1.Vendors must thoroughly describe all machines covered in their proposal, including the following data: a. Physical size, make, model, year 96 of 332 b. Number of food products dispensed c. Electrical requirements d. Plumbing requirements e. Ability to change item prices f. Coin change capacity 2.All vending machines must be of current manufacture, no older than five (5) years, and in excellent physical and mechanical condition. Machines that do not meet these requirements will not be acceptable for placement. Machines should be attractive and clean. Proposer must include pictures of machines to be used. C. Product in Machines Vendor must provide actual product brand names in Proposal Worksheets (pages 23-26). Once products are approved, no substitutions are allowed without prior approval from the City. Candy and Cold Food/Snack Machines: All machines in this category must provide healthy choices along with candy, gum, snacks, bagged cookies, chips, popcorn and crackers that do not require refrigeration. Beverages: All machines must provide choices along with decaffeinated soda in bottles and cans. A broad assortment must be furnished in each machine. Products furnished must be a recognized name brand approved by the City. All machines in this category must be equipped with dollar bill and coin changers. 2-3 VENDOR REQUIREMENTS The Vendor must meet the following requirements on a continuous basis during the contract period and any extensions, or it shall be cause for the City to hold the Vendor in default. 1.The Vendor shall provide all machines in those locations as specified in Appendix A to this solicitation, or as approved by the City. Machine service equipment shall be operational at all times except in cases beyond the control of the vendor (example – during periods of electrical power outages). 2.Vending machines equipment shall be maintained in an excellent state of repair by the Vendor and shall be repaired or replaced to a standard acceptable to the City, within 24 hours of verbal notification of a deficiency. 3.Vending machines shall be added or removed from a location only as requested by or approved by the City. Valid reasons for removing a machine shall include documented excess vandalism or low sales that result in the vending machine being uneconomical to 97 of 332 the Vendor. The City will evaluate each request and removal permission shall not be unreasonably withheld. Removal for isolated cases of vandalism or seasonable slowdown of sales will not be accepted. Additional machines will be added at the City’s request based on new facilities, increased usage or high sales that merit additional machines. The Vendor may suggest the addition of machines, but must obtain City approval before installation of the additional machine. Pricing of products must be accomplished as part of the successful contractor’s bid proposal. Price changes may be requested by Vendor during the term of the contract. All price changes must be reasonable and shall be submitted to the City for review and approval. The City may deny the price change in its sole discretion. Contractor shall provide both dollar bill and coin changer on all machines. The ability to change larger denomination bills than a $1 bill will be favorably considered. Contractor shall collect all sales revenue from each machine on a regular basis, at least once each ten (10) calendar days, to reduce the risk of pilferage. The contractor shall be solely responsible for any loss of proceeds through fraud, theft, pilferage or embezzlement. Remittance of City commissions shall be made MONTHLY by check made payable to the City of Boynton Beach. Such remittance must be received by the City not later than ten (10) calendar days following the month for which commissions are due. Any products and short-changes which result in consumer complaint (including past dated merchandise) must be resolved by immediate refund. Contractor will provide and maintain a $25.00 petty cash fund to a designated City employee. The contractor will supply refund slip envelopes. 2-4 MONTHLY STATEMENTS/ AUDIT OF COLLECTIONS – Submit with proposal a sample report of commission remittance of current customers The Vendor agrees to compute, report, and pay monthly commission to the City due from gross vending receipts of the previous month in accordance with the agreed upon percentage as indicated on the Proposal Worksheet on pages 26-31 of this RFP. The percentage of commission paid to the City shall be calculated on gross sales less applicable sales tax. Accompanying the check representing payment of commission due, a statement of sales with the following information will be forwarded to the City: 1.Machine Number 2.Counter reading (beginning and ending) 3.Gross receipts as determined by counter 4.Actual cash taken from machines 5.Taxable receipts (gross receipts less refunds) 6.Florida Sales Tax deduction 7.Net receipts applicable to commission 8.Commission due The City has the option of spot-checking collections as required to ensure accurate reporting of income and commissions. OTHER CONSIDERATIONS PART III 98 of 332 3-1 CITY PROVIDED SERVICES TO THE VENDOR The City will provide the following services to the Vendor to assist in maximizing sales of vended products: 1.The City will attempt to locate vending machines in areas that will maximize visibility to the intended customers. For example, machines targeted at employees will be located in employee break rooms or in locations easily accessible to employees. Machines targeted at the general public will be located where good exposure will be provided to the users of the facility. If a conflict arises over location of a machine, the City Contract Administrator will have final authority to settle the disputed location. 2.The City shall provide electrical service to operate the vending machines, at no cost to the vendor, from existing outlets. Any construction to expand existing electrical outlet locations will be provided by the City to the Vendor at the actual cost to the City, if it is in the mutual interest of the City and the Vendor. 3.The City will provide the Vendor with the exclusive right to vend through machines the products as defined in the machine categories in Section 2-2 on City property. This shall include any new buildings, parks and facilities owned or leased by the City during the term of this contract and its extensions. Exceptions to this agreement include the “Links of Boynton Beach Golf Course”, the Library and “Oceanfront Park” Concessions which are separate contracts. 3-2 VANDAL PROTECTION The Vendor shall be responsible for equipping all machines located outdoors, and therefore available to the public, with vandal-proof enclosures or cages. Approval of the protective devices used must be obtained from the City. 3-3 CITY CONTACT Tim Howard, Deputy Finance Director, or designee, The City contact for this project will be Monday through Friday from 7:00 A.M. to 6:00 P.M. at (561) 742-6310, or e-mail howardt@bbfl.us. After Notice to Proceed is issued, all communications and correspondence shall be Tim Howard, Deputy Finance Director directed to at the address above. 99 of 332 100 of 332 101 of 332 102 of 332 103 of 332 104 of 332 105 of 332 106 of 332 107 of 332 108 of 332 109 of 332 110 of 332 111 of 332 112 of 332 113 of 332 114 of 332 115 of 332 116 of 332 117 of 332 118 of 332 119 of 332 120 of 332 121 of 332 6. E CONSENT AGENDA July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 June 21, 2011 The City Commission met on June 21, 2011 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. 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 122 of 332 123 of 332 124 of 332 125 of 332 126 of 332 127 of 332 128 of 332 129 of 332 130 of 332 131 of 332 132 of 332 133 of 332 134 of 332 135 of 332 136 of 332 137 of 332 138 of 332 139 of 332 140 of 332 141 of 332 142 of 332 143 of 332 144 of 332 145 of 332 146 of 332 147 of 332 148 of 332 149 of 332 7. A BIDS AND PURCHASES OVER $100,000 July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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. R11-071 - Approve EQUESTED CTION BY ITY OMMISSION renewal of the City's Life and Disability Insurance Plans with Hartford Life for the Fiscal Year 2011/2012 PARP: October 1, 2011 thru September 30, 2012 ROVIDER GREEMENT ENEWAL ERIOD ER: On September 18, 2008 the Commission awarded a Provider XPLANATION OF EQUEST Agreement for RFP #062-1610-08/JA. Per Resolution R08-111, dated September 18, 2008 the City entered into a Provider Agreement with Hartford Life and Accident Insurance Company for Life and Disability Insurance Plans for a two year term 10/01/08 – 09/30/10, with two additional one (1) year renewal options for all City employees. On July 20, 2010 the City passed Resolution R10-097 approving renewal of the Life and Disability Insurance Plans with Hartford Life and Accident Insurance Company for a period of one year, 10/01/10 – 09/30/11, at the same terms, conditions and rates as allowed by the Provider Agreement. After discussions between Willis of Florida (the City’s Benefits Consultants) and Hartford Life and Accident, Hartford has extended the renewal offer for the last remaining renewal period with various reductions in rates for the contract period 10/01/11 – 09/30/12. The current and renewal monthly rates are included in the attached May 1, 2011 renewal letter from Hartford Life and Accident Insurance Company. The amount of reduction varies depending upon coverage, but overall the City will most likely see an average of a 5% reduction in monthly premiums for the agreement period. The City’s Insurance Committee met on Wednesday, May 18, 2011 at a publically noticed meeting and was updated by Willis as to the renewal specifics from Hartford Life and Accident. 150 of 332 The Insurance Committee agreed to recommend the renewal of this Plan for the fiscal year 2011/2012 at the renewal offer extended by Hartford Life and Accident Insurance Company. This will be the final renewal period for this Provider Agreement and staff intends to issue another RFP for this coverage for the 2012/2013 fiscal year. The annual expenses for the Life and Disability Insurance Plan for the current and previous years are as follows: FY 2008/2009 $ 169,772.92 FY 2009/2010 $ 174,693.49 FY 2010/2011(to date) $ 118,992.61 H? The purpose of this program is to provide OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES group insurance coverage to all full-time employees by an insurance carrier for Group Basic Life and Accidental Death and Dismemberment Insurance (AD & D), Group Optional Life and Accidental Death and Dismemberment Insurance, Group dependent life insurance, and Group long-term disability insurance (LTD) plans. FI: The fiscal impact would be a reduction in the City’s monthly premiums for the ISCAL MPACT next fiscal year. The anticipated reduction in monthly premium has been taken into account during the FY 2011/2012 budget preparation. A: Do not renew Provider Agreement for the City’s Life and Disability Insurance LTERNATIVES Plan with Hartford Life and Accident Insurance Company and issue an RFP for the City’s Life and Disability Insurance Plan. The City’s Benefits Consultant (Willis of Florida) and staff recommend renewing the City’s current Life and Disability Insurance Plan. 151 of 332 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE ONE YEAR RENEWAL OF THE CONTRACT FOR LIFE AND DISABILITY INSURANCE WITH HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY FROM OCTOBER 1, 2011 TO SEPTEMBER 30, 2012; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on September 18, 2008, the City Commission of the City of Boynton Beach, via resolution 08-111, approved a Two Year Contract for Life and Disability Insurance Plans with Hartford Life and Accident Insurance Company; and WHEREAS , the contract approved by the City Commission provided for two (2) additional one (1) year extensions; and WHEREAS, on July 20, 2010, the City Commission approved a one year renewal of the Life and Disability Insurance Plans with Hartford Life and Accident Insurance Company at the same terms, conditions and rates as allowed by the Provider Agreement; 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 one year renewal of the Contract for Life and Disability Insurance with Hartford Life and Accident Insurance Company from October 1, 2011 to September 30, 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 does hereby approve the one year renewal of the Contract for Life and Disability Insurance with Hartford Life and Accident Insurance Company from October 1, 2011 to September 30, 2012, a copy of the original Contract previously approved) is attached hereto as Exhibit “A”. 152 of 332 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 153 of 332 154 of 332 155 of 332 156 of 332 157 of 332 158 of 332 159 of 332 160 of 332 161 of 332 162 of 332 163 of 332 164 of 332 165 of 332 166 of 332 167 of 332 168 of 332 169 of 332 170 of 332 171 of 332 172 of 332 173 of 332 174 of 332 7. B BIDS AND PURCHASES OVER $100,000 July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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. R11-072 - Approve a EQUESTED CTION BY ITY OMMISSION one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2011 through September 30, 2012 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach PROVIDERAGREEMENTPERIOD:OCTOBER1,2011THROUGHSEPTEMBER30,2012 ER: A Request for Proposal (RFP) 046-1610-10/CJD was issued for XPLANATION OF EQUEST Group Benefits Medical Claims Administration (TPA) Services - a Fully Insured Medical Plan by Procurement Services. The Proposals were opened on June 2, 2010 with five healthcare companies responding to this RFP. The City’s Human Resources staff (Review Committee) ranked the proposals based on criteria stated in the RFP. CIGNA received the highest ranking with a score of 95 out of a possible 100 points. The City’s Insurance Committee, a cross functional team with representation from the Unions and general employees met to review the proposals. The Insurance Committee and the Review Committee recommended awarding the medical insurance agreement for the period October 1, 2010 through September 30, 2011 to CIGNA Healthcare as the most responsive, beneficial healthcare plan. On July 20, 2010, Commission approved Resolution No. R10-094 authorizing the City Manager and City Clerk to execute the Provider Agreement with CIGNA Healthcare. Under the Term of the Provider Agreement, the City has the option to extend for three additional one-year periods. CIGNA Healthcare has agreed to extend the Agreement for one year at the existing rates, with minor benefit changes. (Attached Letter dated June 3, 2011.) In the Provider Agreement, the Scope of Services states “No modifications will be made to the original scope of work without the written approval of the City Manager or his designee.” For 175 of 332 CIGNA to extend a renewal offer with no increase to the current rates, some benefit changes were necessary as outlined in the letter from CIGNA. This offer was a result of discussions with Willis of Florida (the City’s Benefits Consultants) and reviewing the City’s claims experience and various factors that are utilized to determine a plan’s rate structure. In addition, CIGNA had available to them investment accounts that can be utilized to continue partnerships with existing clients and apply them to the plan so there was not an increase in rates. Willis explained that there are rules governing how insurance carriers can use the investment funds. CIGNA was able to utilize them in their renewal offer, but cautioned Willis that they would not be able to utilize them to respond to an RFP. After reviewing the City’s claims experience and CIGNA’s renewal offer, it was the opinion of Willis that it would be to the City’s benefit to accept CIGNA’s renewal offer instead of issuing a RFP for Health Insurance for the plan year October 1, 2011 thru September 30, 2012. The City’s Insurance Committee met on Wednesday, May 18, 2011 at a publically noticed meeting and was updated by Willis as to the renewal offer from CIGNA. It was explained that in order to maintain the current monthly premiums there were minor changes that needed to be made to the plan including increase in deductible for in-network, minor increases in co-pays for physician visits, emergency room, urgent care centers, and prescription drugs. The Insurance Committee agreed to recommend the renewal of the CIGNA plan with the minor changes in order to maintain the current premiums. The annual expenses for the Health Insurance Plan for the current and previous fiscal years are as follows: FY 2008/2009 $5,063,650.27 FY 2009/2010 $4,731,949.85 FY 2010/2011(to date) $4,027,683.47 H? An extension of the current Provider OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Agreement for healthcare services will provide continued health coverage for City employees and dependents. FI: The City will maintain the Fiscal Year 2010-2011 monthly health benefit ISCAL MPACT expenditures for the upcoming 2011-2012 Fiscal Year. A: Do not extend current agreement and issue new RFP for Health Insurance LTERNATIVES program for the upcoming year. 176 of 332 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, AWARDING A PROVIDER AGREEMENT FOR RFP #046-1610-10/CJD “GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLANS” WITH CIGNA CORPORATION, FOR MEDICAL INSURANCE FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on July 20, 2010, the City Commission of the City of Boynton Beach approved the award of a Provider Agreement to CIGNA HealthCare for Group Benefits Medical Claims Administration Services and/or Fully Insured Plan for the one year term from October 1, 2010 to September 30, 2011; and WHEREAS, the Provider Agreement had the option to extend the Agreement for three additional one-year periods; 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 one year extension of a Provider Agreement with CIGNA HealthCare for the medical insurance plan for a term commencing October 1, 2011 to September 30, 2012, for all city employees. 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 a one year extension of the Provider Agreement to CIGNA HealthCare for the medical insurance plan for a one year term commencing October 1, 2011 to September 30, 2012, for all city employees, a copy of which is attached hereto as Exhibit “A”. 177 of 332 Section 3. The Interim City Manager and City Clerk are authorized to execute the Provider Agreement with CIGNA HealthCare. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 178 of 332 179 of 332 180 of 332 181 of 332 182 of 332 183 of 332 184 of 332 185 of 332 186 of 332 187 of 332 188 of 332 189 of 332 190 of 332 191 of 332 192 of 332 193 of 332 194 of 332 195 of 332 196 of 332 197 of 332 198 of 332 199 of 332 200 of 332 201 of 332 202 of 332 203 of 332 204 of 332 205 of 332 206 of 332 207 of 332 208 of 332 209 of 332 210 of 332 211 of 332 212 of 332 213 of 332 214 of 332 215 of 332 216 of 332 217 of 332 10. A CITY MANAGER’S REPORT July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Provide direction to staff regarding the Old High School EQUESTED CTION BY ITY OMMISSION RFP elements including proposed use, land disposition and preliminary engineering / architectural work. ER: XPLANATION OF EQUEST At its May 17 meeting, the City Commission heard a presentation from the IBI Group and REG Architects (consultants) regarding the potential redevelopment of the Old High School located on Ocean Avenue. This presentation was the culmination of a month’s long analysis of potential uses of the school. Significant public input was received and the extended history of analyses was considered. At the close of Commission review, the Commission directed City Staff to act upon the recommendations of the consultants and prepare a Request For Proposals from the private sector that are responsive to the findings of the consultant. The ultimate goal is to accept and review proposals with the intent of determining the proposal that best accomplishes the City’s goal to save a historic structure in a manner than continues to serve the community for many years to come. City staff has begun the task of preparing an RFP that addresses all issues. However, prior to submitting this RFP publicly, City staff has identified five policy areas requiring further direction from the City Commission. These areas include 1) Building Use, 2) Land Disposition, 3) Engineering and Architectural Services, 4) Permit Fees / Tax Relief, and 5) Funding Participation. Further discussion of each of these issues follows. Building Use 218 of 332 The consultant has suggested that three uses would most likely be supported by the commercial market. These uses are as follows: 1. Education or banquet uses as single user/tenants. 2. Jobs Based, Multi Tenant model. In this scenario a single operator/landlord would lease space to smaller tenants and users for office type purposes, primarily for executive office space that is shared. This space utilization is compatible with other uses such as small fitness centers, day care, cafés all with the gymnasium potentially available for conference space, etc. Each of these uses would be expected to support each other. 3. Art and Culture Based Users. The consultant believes that a multi-user facility based upon Art and Culture may be marketable. Users could include artist studios with further use of the gymnasium for meetings, events, and exhibits as complimentary elements. As noted above, the consultant has identified specific uses that they believe the private market would support. It is important that the RFP provide clear direction to the proposer regarding uses, preferred or otherwise. The City need not solicit proposals for uses that the City would, under no terms, consider. Staff Recommendation: The RFP should be limited to the three specific use categories only as identified by the consultant. Land Disposition Proposers will be expected to comment on the acquisition or lease of the building and land from the City. The Consultant commented that either land disposition scenario, sale or lease, would be viable. However, staff believes it wise to tell RFP respondents up front in the RFP what the preferred City method is for use of the property and what the lease and/or sale terms would be. Assuming a for-profit use, the land will likely generate future property tax. Recommendation: Staff recommends that the City make the old high school building and land available to the respondents via either sale or lease. Staff further recommends that land immediately west of the school to Seacrest Blvd. be made available to respondents under similar terms for parking purposes associated with the proposed use. Respondents shall propose said terms. Engineering and Architectural Services The consultant recommended that the City begin immediate engineering and architectural design services for stabilization of the core and shell of the building. By doing so, the City shows commitment to the project. Staff anticipates that this would cost around $250,000. Funding in the City’s CIP would need to be identified by eliminating other capital projects or transferring other general funds to the CIP. Staff has included this funding in the CIP documents as part of FY 2011/12 Budget. Permit Fees The consultant recommended that the City package any monetary waivers of taxes and fees into the RFP. 219 of 332 Question: Shall the City waive and pay Building Permit and Arts Fees for the final selected project? Assuming a project is valued at $5.0M, the total waived permits and fees would be $165,000. These monies must be budgeted as both an expenditure and revenue in the City budget. Recommendation: City Staff recommends that the City waive and pay all City generated fees up to $100,000. Funding Participation and Incentives The consultant recommended that the City structure public funding and financing mechanisms into the RFP. These sources can include City, CRA, County, State and Federal. These resources can be difficult to identify and obtain confirmation of financial participation in a timely manner. The purpose of the Boynton Beach Community Redevelopment Agency (CRA) is to encourage redevelopment within it designated area. The CRA may elect to negotiate a Tax Increment Finance Agreement with a successful proposer if the successful proposer is a for-profit entity. The CRA also offers a number of economic development programs that can be used for the redevelopment of the Old High School. Therefore, the RFP shall specifically direct respondents to the Boynton Beach CRA. The CRA Economic Development Programs can be viewed at the CRA website at: http://www.boyntonbeachcra.com/businesses/. “ Question: Does the City Commission wish to incorporate all potential public funding into the RFP, recognizing that this will delay publication of the RFP for several months? Staff believes that much of this research is the responsibility of the respondent. Question: Does the City Commission wish to commit City funding for the project over and above referenced land and fee matters and if so, how much? H? Depending upon direction, City funds may OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES need to be identified for capital design services, fee waivers, etc. Reallocation of dollars for these purposes may mean modification or elimination of other capital projects or general City services. Further budget discussion is necessary. FI: TBD ISCAL MPACT A: Not proceed with an RFP for redevelopment of the old high school as LTERNATIVES recommended. 220 of 332 221 of 332 222 of 332 223 of 332 224 of 332 225 of 332 226 of 332 227 of 332 228 of 332 229 of 332 230 of 332 231 of 332 232 of 332 233 of 332 234 of 332 235 of 332 236 of 332 237 of 332 238 of 332 239 of 332 240 of 332 241 of 332 242 of 332 243 of 332 244 of 332 245 of 332 246 of 332 247 of 332 248 of 332 249 of 332 250 of 332 251 of 332 252 of 332 253 of 332 254 of 332 255 of 332 256 of 332 257 of 332 258 of 332 10. B CITY MANAGER’S REPORT July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Update on staff research regarding potential city ownership EQUESTED CTION BY ITY OMMISSION of the Women's Club. ER: At its May 3rd meeting, the City Commission directed City staff to XPLANATION OF EQUEST conduct due diligence regarding the potential for the City to assume ownership of the Boynton Beach Woman’s Club and the associated land. Staff provides this update to the Commission regarding progress to date. This action builds further upon Commission reviews in 2002 and 2004 as shown in the attached exhibits. On June 21, Mayor Rodriguez and City and CRA Staff met with representatives from the Woman’s Club to begin the due diligence process necessary to make an informed decision about the future of the Woman’s Club. All parties agreed that the long term goal is to ensure that the historic Mizner structure continues to serve the needs of future City residents, yet do so as a constant reminder of the genesis of the building and the unique role the building has played in the history of Boynton Beach. Discussion centered on the following topics: 1. Building condition: City staff believes it necessary to conduct an architectural assessment of the structure. The evaluation conducted in 2002 is no longer valid. A new assessment should be conducted to evaluate the integrity of a number of building components such as structure, HVAC, electrical, plumbing and accessibility, to name a few. It is important that the City identify future maintenance needs prior to any possible deed transfer so that we do not incur unexpected costly maintenance expense that could have an impact on other future City capital initiatives. More importantly, staff wishes to identify all critical historic architectural elements where maintenance expense 259 of 332 will be imminent. Staff firmly believes that if the City is to take responsibility for this building then we must do so in a manner respectful of the many historic elements. Staff has discussed an architectural/historic assessment with a local architect. It appears that a study of this sort would cost from $15,000 to $25,000. Staff recommends that the City Commission authorize staff to seek proposals from qualified architects to conduct this analysis. It would take around 90 to 120 days to complete this process. This procedure is necessary to comply with City Purchasing requirements. 2. Space Programming. Aside from a shared desire to save this historic structure, should the City be an active participant in the building’s future then it is critical that we identify how the building will be used. We need to ensure that any City operated programming and private rental of the facility do not negatively impact other City facilities and programs. For example, Intracoastal Park Clubhouse is likely most similar to the Woman’s Club in its operation and design and we know that we have not utilized that facility to its full potential for private rentals. We also know that service hours and programs at a number of our existing buildings (Sims Center, Hester Center, and the Senior Center) will be reduced next year as a result of diminished staff levels overall in the Recreation Department. Therefore, adding new building space to the City inventory must be done in consideration of these other external issues. Furthermore, there is a separate initiative to re-use the Old High School for unknown future uses which may compete with the uses of the Woman’s Club. During our meeting with the Woman’s Club staff, it became apparent that they do seek private rental use of the building and have had some success in this endeavor. Those who use the building love it. However, we learned through the Woman’s Club that they have little time or financial capability to market the availability of the building. For example, they rely on word of mouth of many prior users, weddings in particular. Staff believes that a marketing initiative is critical to the future success of the Woman’s Club building. In fact, marketing may play such an important role in future efforts that it may be possible for the Woman’s Club to continue ownership. Staff recommends that City staff and Woman’s Club Representatives explore marketing options. To that end, Staff recommends the CRA/City actively seek marketing options with the Woman’s Club as part of the City’s redevelopment efforts. These efforts would be necessary regardless of whether or not the City assumes control of the building. As part of the marketing analysis, it may be appropriate to consider private management and marketing of the building with either the City or Woman’s Club as owner of the building 3. Parking Parking is likely the most critical issue. Larger events easily demand parking far greater than can be accommodated on site. This is true regardless of ownership of the building. However, should the City own the property, there will be a higher expectation to accommodate shared parking with the Senior Center, a location that is convenient to the Woman’s Club, but unfortunately is separated by a high volume arterial roadway (Federal Highway). Should the City assume an ownership role, staff would recommend pursuing either a pedestrian crossing signal or fully actuated traffic signal on Federal Highway. Cost for this could approach $300,000 or more depending upon whether 260 of 332 intersection reconstruction would be required by the Florida Department of Transportation. As an alternate, it may be possible to consider less costly shuttle services but that is a subject of a more in depth analysis. Based upon Commission input, staff will continue the due diligence evaluation. H? Programming uses must be identified. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Long range maintenance costs must be properly planned and budgeted. FI: Unknown at this time. ISCAL MPACT A: Direct staff to cease consideration of Woman’s Club alternatives. LTERNATIVES 261 of 332 262 of 332 263 of 332 264 of 332 265 of 332 266 of 332 267 of 332 268 of 332 269 of 332 270 of 332 271 of 332 272 of 332 273 of 332 274 of 332 275 of 332 276 of 332 277 of 332 278 of 332 279 of 332 280 of 332 281 of 332 282 of 332 283 of 332 284 of 332 285 of 332 286 of 332 287 of 332 288 of 332 289 of 332 290 of 332 291 of 332 292 of 332 293 of 332 294 of 332 295 of 332 296 of 332 297 of 332 298 of 332 10. C CITY MANAGER’S REPORT July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Discuss the format for the FY2011/2012 Budget EQUESTED CTION BY ITY OMMISSION Workshops being held July 11, 12 & 13, 2011. ER: Staff is looking for direction regarding the preferred format for the XPLANATION OF EQUEST three (3) days of budget workshops. Does the Commission want to utilize the same process as last year, beginning the workshop with an overview of the budget and then continuing with individual departmental presentations? The departments would be scheduled for a specific date and time, while being flexible to changes in the scheduling. The department would be contacted and invited to attend prior to their presentation, based on the informational needs and timeframe of the Commission H? By determining the format of the budget OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES workshops ahead of time, it will facilitate a smoother, more productive work environment for the Commission. FI: N/A ISCAL MPACT A: Not utilize the same format as last year and recommend alternative format(s) LTERNATIVES for staff to implement. 299 of 332 11. A UNFINISHED BUSINESS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Request to consider amendment to City Code on EQUESTED CTION BY ITY OMMISSION temporary banners. th ER: This item is in follow-up to the discussion held at the June 7 XPLANATION OF EQUEST Commission meeting. Staff was directed to meet with the two owners of local businesses who where present and addressed the Commission, to determine how other cities regulate banners, and to propose possible amendments for Commission consideration including provisions for a “feather”-style banner. A “feather” banner is construed to be a banner oriented vertically and mounted on one side to a pole enabling it to move, either swivel around the pole, or “wave” freely and rotate, depending on the design and wind strength and direction. The industry has various labels for these types of signs or banners, which should be understood as the magnitude and type of movement is a factor of material and design (or shape and framing). Although some terms are interchangeable and there was not total consistency found throughout various manufacturer or vendor websites, staff understands the different styles to be described as follows:  “Feather” or “bow” banner appear to be general terms for a lightweight, vertically- oriented banner with minimal framing that curves outward at the top to match the curved shape of the fabric (similar to a bow from a bow and arrow);  Vertical flag-style banner is similar to the bow banner but rectangular in shape with a top horizontal bracket and lose bottom to allow moderate free motion and reasonable visibility of the printed information;  “Teardrop” is a feather or bow banner except that the banner is shaped like a teardrop with a taut outside edge to restrict free or waving movement and maximize visibility to 300 of 332 the text or message on the banner. Movement is uniform facilitated by the pole base which swivels with the wind direction; and  Feather banner “flag” appears to be very light weight and with minimal framing to allow maximum free movement. May or may not contain text or copy, with an emphasis on the free waving motion rather than visibility of printed information. Staffs presentation of this item will include a slide show of digital images of the banners and other signs described in this report. Current Regulations The current regulations read as follows: 4. Banner. a. New Development. (1) A temporary banner, not to exceed 20 square feet, is allowed for a maximum of one (1) year for a new multi-family residential development or non-residential use. The permit to allow for such banner shall only be issued once a certificate of occupancy has been approved for the project. (2) For multi-family residential developments and projects located in mixed-use zoning districts, an additional banner of equal size and shape may be allowed, provided that both are placed at the main point of vehicular ingress / egress. This placement and symmetry may be repeated at one (1) project entrance per frontage with a maximum number of two banners per entrance and maximum height of 15 feet. b. Existing Development. A temporary banner, not to exceed 20 square feet, is allowed for existing multi-family developments and non-residential uses. This banner is allowed for a maximum of 90 days within a one (1)-year period. c. Landscaping. Banners, if placed within the landscape strips abutting rights of way or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances, banners shall be placed behind the shrub line and their location must comply with the cross visibility and safe sight standards of Section 4.A.3 above. d. Miscellaneous. All banners, regardless of location, shall be removed within 12 hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the following types of temporary signage; 1) project development signs; 2) construction sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Recreation and Parks Special Event Sign. The provisions of this subsection do not apply to the aforementioned type of temporary signs. See the appropriate subsections of code and their respective regulations for each type of aforementioned sign. The above-described standards and provisions are summarized as follows:  One, 20 square foot banner to be displayed up to one year at a new multi-family development or at any new, non-residential development;  Two, 20 square foot banners to be displayed at one driveway per project frontage for up to one year at a new mixed-use development; 301 of 332  One 20 square foot banner to be displayed for a cumulative maximum period of 90 days for an existing business or development; and  Banners may be displayed either on a building façade or mounted on posts and placed on the subject property, except such placement shall not block views at corners and if placed in the landscape buffers, said banners shall be placed behind the “shrub line” and not be attached to any trees. It should also be explained that current regulations are intended to prevent signs from moving and creating inordinate distractions or a cluttered appearance along a roadway corridor. The sign regulations (Ch. 4, Art. 4, Sec. 3) prohibit any signs that flutter or are animated, as well as specifically prohibit pennants and streamers. Therefore, the sign regulations are interpreted to require banners to be mounted so that they do not wave or move freely in the wind, and therefore preclude the use of a feather banner. Feedback from Two Local Businesses As directed, staff met with the operators of two businesses that brought this issue to the Commission, and who currently operate within the Marathon Music Center located on the west side of N. Congress Avenue in front of the Boynton Mall. Staff informed them of the current regulations and in particular, that banners may be displayed along Congress Avenue as well as mounted to the building façade. Staff also listened to their respective advertising objectives, and ideas for increasing the City’s sign provisions. Both operators have purchased a feather banner. Whereas one operator desires to place the banner along Congress Avenue, the other operator accepts the potential negative visual impacts of that location, and in contrast, prefers to display the banner at the northern property line which is along the mall entrance road. This same operator, after realizing the benefit to business activity from displaying the feather banner, desires to be allowed to display the feather banner year-round. The operator recognizes that too many banners simultaneously displayed would be a detriment to the streetscape, but opines that regulations could prevent that circumstance, as well as ensure equity between different businesses within a multi-tenant center. Comparable Banner Regulations Staff researched other codes to find that several comparable cities in the area allow banners to be temporarily displayed; however, most Cities sampled limit this provision to the grand opening of a business and not a pre-existing business, and three of the seven codes researched allow “feather” banners. This information, in addition to the maximum display period and mounting restrictions, are summarized in the table below: Boca Delray Lantana Lake W. Palm WellingtonJupiter Raton Beach WorthBeach Only until New New New Non-profits New New Allowed? permanent businesses businesses, businesses, businesses businesses sign is holiday community or or special or special installed, or period, or special event, event. event. for special special or end of event. event. business sale. 1 1 3 2 4 per street 1 1 Max. No. frontage 302 of 332 32 sq.ft. 50 sq.ft. 24 sq.ft. 12 sq.ft. 40 sq.ft. 12 sq.ft. 32 sq.ft. Max. Size: 60 days 4 weeks 14 days 15 days 37 days 7 days 14 days Duration: (eligible for 30-day ext.) No No Yes No No Yes* Yes Feather Banner?: Only Limited to Affixed to Not mounted Mounted Other placed twice / year. light poles, to to 2 posts Reqts. - on bldg, - Not attached to min. 5 ft. structure or or bldg, no utility poles or setback. landscaping. Not to higher landscaping. Min. of 5’ plants. than 15’. setback. Of the cities surveyed, West Palm Beach allows the greatest display period, which totals 67 days (37 days plus a 30-day extension option), and Boca Raton allows 60 days. Other Information and Observations Code History – This section of the Land Development Regulations remained unchanged for many years, and allowed a new business to display a fixed banner for a maximum period of 90 days, and allowed an existing business to display a banner for a maximum of 14 days (essentially allowing for the promotion of one or two sales events per calendar year). In early 2009, the City Commission amended these regulations to allow existing businesses the same 90-day display period as new businesses, and the ordinance adopting these amendments was only in effect for 1 year. As no measureable impacts upon the city were realized during this test period, these standards were re-adopted within the LDR Rewrite in December of 2010; Observation – The current banner provisions for new and existing businesses appears to be under-used. Staff conducted a very simple “windshield” survey of selected corridors with a concentration of commercial businesses to find very few businesses displaying a permitted banner. It is not known whether this circumstance is due to the lack of familiarity with the City’s sign provisions, or if such permitted “static” banners are not as visible and therefore not worth the effort required to obtain the banner and necessary approvals; Observation – In the few areas viewed by staff, more feather banners were observed being displayed than the standard, code-compliant static banners; Observation – Various methods of attracting attention to businesses was observed, and most techniques are contrary to the City’s sign regulations. Two of the most visible methods include window advertising, commercial vehicle signage, and other forms of signage including snipe signs and small “A”-frame signs. Window signage is the most visible form of advertising, and examples include New York Carpet and Tile and Cort Furniture stores. Window signage is allowed by the new LDR; and even encouraged to create the traditional storefront image; however, window signage is limited to either 20% or 3 square feet of the window area, depending on the location of the window in proximity to the business entrance, and is not intended to be large enough to be visible to passing motorists. As for vehicle signage, vehicles were observed being parked intentionally within spaces located nearest to the street. The new LDR also prohibits the parking of such vehicles with visible signage, within 25 feet from the front property line for more than 4 hours within a 24-hour period; and Permit activity – Development Department records indicate that 10 businesses have been issued one or more banner permits during the past 6 months. 303 of 332 Alternatives Option #1: Status quo – The relatively low use of the City’s banner permit option may not justify a change in current regulations, leaving the type of banner and duration of display to a properly mounted static banner and 90 days, respectively. Option #2: Increase display period – This could be done for either a temporary test period similar to Ordinance 09-13 which “sunsetted” after 1 year, or without a sunsetting provision. The display period could be increased to a period desired by the Commission, whether it be for 180 days (the doubling of the current 90-day display provision), or for a greater period. A variation of this could be to maintain the current standard of 90 days, but as a base period that may be extended for additional periods (i.e. 30-day increments with a corresponding fee for each extension). Option #3: Allow feather banners – This scenario would only include a simple code amendment allowing the feather banner in addition to the current static banner, but without any change in the maximum display period. Given the uncertainty of the magnitude of use and visual impacts upon the streetscape, staff would recommend that such an amendment be evaluated for a period of 1 year, as a checkpoint for determining impacts and benefits, and the net value of such provisions. As an option, the adopting ordinance could contain a sunsetting clause so that it naturally expires unless there are no negative findings and extended by separate action by the Commission. However, by introducing signs which are now allowed some movement, caution should be given to the exact wording, the terms and definitions, and prohibitions to maintain the integrity and defensibility of the City’s sign regulations. Option #4: Allow feather banners w/density limit – To address the concern regarding possible proliferation of banners and a degraded streetscape, the City could include in the amendments a density limit so that only a set number of banners are simultaneously allowed on a given property (e.g. based on linear street frontage). This would require the establishment of a rather arbitrary standard such as a maximum of 1 or 2 banners per 300 feet of street frontage. Under this standard, and without a limit on parcels with multiple frontages, the Marathon Music Center would be allowed either 3 or 6 banners at any one time (the northern boundary is approximately 600 feet and the eastern boundary along Congress Avenue is 295 feet). In addition to this center, the frontage dimensions for other properties in the area, along with anticipated banner allowances, are as follows: 4 Business/Property Frontage (ft.) 1 per 300 ft. 2 per 300 ft. 295/600 3 5 Marathon Music Ctr 215 1 1 Brus Room 294 1 1 Toys R Us 170 1 1 Olive Garden 279 1 1 U-Haul 157 1 1 KFC (west store) 1 519 1 1 Dick’s 22 1 1,700 Mall 5/1 10/1 3 4,500 15 30 Sports Auth./B&N 1 - . Old Boynton Road frontage only 2 – If the Mall is construed to be a single property/owner, then only one (1) may be allowed per frontage. 3 - Includes 3 frontages. 1 frontage is appx. 1,500 ft. or 5 banners. 304 of 332 4 - 1 per property minimum regardless of dimension of frontage; 1 per single occupant parcels; not to exceed 1 / 300 ft. for multiple tenant properties. Shall not exceed the total business on the property. Of course this option operates on the principle of first-come, first-served. It would also include a provision that allows 1 banner per single-occupant properties, regardless of linear frontage. Other notable aspects of this option include the increase in the complexity of the City’s monitoring process, the increased competition for banner permits during holiday or other commonly recognized days of the year, a positive impact on permit revenues, and the increased obligation to conduct site inspections. The owner of the Marathon Music Store recommended that the duration for displaying banners be unrestricted, and that the issue of equity be handled through a rotational provision in the regulations. Meaning, if the maximum banners are permitted, the next banner permit application filed with the City is placed in a queue in the order of it being received, which would then “bump” the displayed banner that has been displayed the longest. The banner that is bumped can then be the subject of a new application and be placed in the queuing sequence (and so on). This option would represent a further intensification of the City’s administrative and enforcement processes, and possibly result in the permanent display at the streetscape of waving banners of various colors and shapes. Recommendation If the Commission desires to increase the advertising mechanisms and visibility for businesses, while minimizing the overall potential impacts on the streetscape, staff recommends that the sign regulations be amended to consider the following: 1. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height standards and type of banners allowed and discouraged; 2. Establishment of a density standard to set a limit on the number of banners to be simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage); Optionally, because this provision could represent a net reduction in total 3. banners allowed at any one time (compared to current regulations), the density limit could be written to only apply to those banners placed adjacent to the roadway, and all other banners would either be required to be placed a maximum distance from the roadway or property line and subject to a separate density ratio) ; 4. Currently prohibited signs and provisions that allow limited sign movement; 5. A minimum of 1 banner would be allowed regardless of linear frontage; 6. The maximum display period remains at 90 days; 7. A sunsetting provision to ensure the impacts are monitored and ordinance extended only if minimal negative effects and net benefit to the area businesses; 8. Impacts on visibility particularly at intersections and driveways, and on views to traffic or pedestrian signage, bus stops, transportation information signage, emergency signage, or to other signage or information that is intended to direct or inform the public; 9. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and restrictions regarding uniform size and design, location, and pedestrian scale and purpose; 10. Needed amendments to the application fee schedule to account for anticipated increases in processing and monitoring time and costs. As indicated above, staff would evaluate the impacts and benefits from the subject amendments over the first 12 months, and advise the Commission as to whether the ordinance should sunset or be extended. 305 of 332 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The magnitude of increase in temporary banner permit revenues is difficult to ISCAL MPACT estimate, and would vary depending on the ultimate action taken. A: As described in the above staff analysis. LTERNATIVES 306 of 332 11. B UNFINISHED BUSINESS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 to the Ad Hoc Special Events Committee Staff EQUESTED CTION BY ITY OMMISSION Liaison and Appointment Process ER: At the June 7, 2011 City Commission meeting, the Commission XPLANATION OF EQUEST approved Resolution No. R11-059 establishing an Ad Hoc Special Events Advisory Committee. The Commission also requested that the City Manager and CRA Director appoint a staff liaison to the committee. After meeting with staff, it was determined that the staff liaison duties would be shared between Kathy Biscuiti of the CRA and Ginny Shea from the City’s Recreation Department. At this juncture we are ready to start the recruitment of applicants and would like direction from the Commission. Similar to the Green Community Alliance and Historical Preservation Advisory Committee, specific qualifications are desired for the members of the Ad Hoc Special Events Advisory Committee. Staff will advertise for applicants through the usual venues and the City Clerk’s Office will collect the applications. Staff recommends the Commission allow the initial work group that developed this program (Carisse LeJeune, Kathy Biscuiti, and Ginny Shea) screen the applications for qualified candidates then forward a list to the Commission for consideration of appointment? H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT 307 of 332 A: Review all applications, regardless of qualifications, or allow staff to conduct LTERNATIVES the screening process so that only qualified candidates will be forwarded to the Commission for consideration of appointment. 308 of 332 309 of 332 310 of 332 311 of 332 312 of 332 313 of 332 13. A LEGAL July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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. 11-018 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development Districts (PID). Applicant: City-initiated. ER: A cigar retailer desires to open a business in the City and has XPLANATION OF EQUEST chosen a vacant commercial bay located in a project named Quantum Park & Village South, within a mixed-used pod of the Quantum Park Planned Industrial Development (PID zoning). The retailer’s proposed business plan includes the retailing of cigars and related merchandise, and the on-site consumption of alcohol. The proposed use would be a “cigar bar”, which would be categorized and regulated as a “bar / night club.”In 2002, the subject site was approved for a mixed use development containing 234 residential units and over 132,000 square feet of commercial space. Mixed Use Pods are unique in that they allow for a varied range of retail and commercial service uses, but the uses that are allowed in the Mixed Use Pod are directly related to those uses allowed within the C-1, C-2, and C-3 zoning districts. More specifically, any permitted use in any of the three aforementioned zoning districts would also be permitted within the Mixed Use Pod of a PID. A cigar retailer is a permitted use in the C-3 zoning district, and therefore, would be allowed in the Mixed Use Pod of a PID. With respect to conditional uses however, the Mixed Use Pod provisions are more restrictive. Conditional uses in the C-1 and C-2 districts are permitted uses within the Mixed Use Pods; however, any conditional use in the C-3 district is not allowed in the Mixed Use Pod, either permitted or conditionally. In the C-3 district, a cigar bar (bar / night club) requires conditional use approval, and therefore, would not be allowed in the Mixed Use Pod. The subject regulations were originally drafted through a collaborative effort of Quantum Park developers and city staff, which final product was influenced more by the different compromises made and ultimate consensus reached between the two parties, than by the framework of existing zoning regulations. The recent 314 of 332 inquiry by an interested business operator has led to the discovery of this inconsistency. This code amendment would modify that particular restriction so that cigar bars (or any type of bar / night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with the C- 3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning district. Both mixed use districts have similar design and development standards, and intended development patterns. Please see the accompanying staff report for the specific wording to be added to the Land Development Regulations to codify this proposed amendment. H? (In response to Commission inquiry from OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the June 21, 2011 City Commission meeting) As for impacts on areas currently meeting zoning and separation requirements for adult entertainment businesses, the addition of alcohol sales to the Mixed-use Pods within the Quantum Park PID would have no impact. Since residential land uses are permitted within Mixed-use Pods, Mixed-use Pods were specifically included in the adult entertainment regulations as one of the uses or zoning districts from which adult businesses must be separated at least 750 feet. So the subject Mixed-use Pod was originally incorporated into the model that determined the available areas and parcels with zoning and st separation compliance. To fully answer the question raised at the June 21 Commission meeting, alcohol sales was not included as one of the land uses or businesses from which adult businesses must be separated. FI: New businesses accommodated to contribute to property values, permit ISCAL MPACT revenues, and business tax revenues. A: Not approve subject code amendment or approve with changes. LTERNATIVES 315 of 332 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, SECTION 3(C)(6)(B), “USES ALLOWED” TO ALLOW BARS AND NIGHTCLUBS AS CONDITIONAL USES ON PROPERTIES LOCATED WITHIN MIXED USE PODS OF PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS (PID); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development districts (PID) which would increase internal consistency (with other similar mixed-use zoning districts) and further business and economic development; 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 allow bars and nightclubs as conditional uses on properties within Mixed Use Pods of Planned Industrial Development districts (PID). 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 3, Article IV, Section 3.C.6.b 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.C.6.b b. Use(s) Allowed in Mixed Use Pod . Mixed-Use Pod within the PID district shall contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID district: 1) Townhouse and /or multi-family residential; 2) Commercial / retail; and 3) Business and professional offices. (1) Townhouse and / or multi-family residential; (2) Commercial / retail; and 316 of 332 (3) Business and professional offices. Townhouse and multi-family residential, if located on parcels fronting on an arterial roadway, shall be integrated into a mixed-use project (vertical or horizontal), including one (1) or more of the uses listed below. The intent of this provision is to further the intent and purpose of both the PID district and Mixed-Use Pod regulations by requiring developments along the streetscape that benefit motorists and pedestrians alike, through proper orientation, visual attributes, desirable commercial, retail, and office uses and services. Allowable uses within the Mixed Use Pod shall be limited as follows: (1) Any permitted use in the C-1, C-2, or C-3 zoning district is considered permitted in the Mixed Use Pod; (2) Any conditional use in the C-1 or C-2 zoning district shall require conditional use approval in the Mixed Use Pod; and (3) Bars and nightclub establishments shall require conditional use approval in the Mixed Use Pod. Allowed uses within the Mixed-Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district as indicated by the Use Matrix Table 3-28 below. Section 3. 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 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. 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 – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ 317 of 332 Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 318 of 332 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 11-017 TO: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, AICP Planner II THROUGH: Michael Rumpf Planning and Zoning Director DATE: May 18, 2011 RE: Cigar Bar in Mixed Use Pod CDRV 11-005 OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives (the attraction and retention of businesses, and response to changes in the economic environment); 2. Sustainability initiatives (to further general energy conservation and/or the specific recommendations of the Climate Action Plan or for general energy conservation); 3. Internal consistency (those amendments warranted to address identified internal inconsistencies or errors); 4. Regulatory compliance (responses to changes in State and / or county laws and regulations); and 5. Implementation feedback (those adjustments in standards, regulations, and processes necessary to meet original or current objectives and vision). NATURE OF REQUEST Amend the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development districts (PID). The proposed request would increase internal consistency (with other similar mixed-use zoning districts), and further business and economic development. 319 of 332 BACKGROUND A cigar retailer desires to open a business in the City and has chosen a vacant commercial bay located on property known as Quantum Park & Village South. The retailer’s proposed business plan includes the retailing of cigars and related merchandise, and the on-site consumption of alcohol. Based on discussions with representatives from the establishment, staff determined that the proposed use would be a cigar bar, which would be categorized and regulated the same as a “bar / night club.” The Quantum Park & Village South master plan is zoned PID with a Quantum Park land use option of Mixed Use (MU). In 2002, the subject site was approved for a mixed use development containing 234 residential units and over 132,000 square feet of commercial space. Mixed Use Pods are unique in that they allow for a varied range of retail and commercial service uses, but the uses that are allowed in the Mixed Use Pod are directly related to those uses allowed within the C-1, C-2, and C-3 zoning districts. More specifically, any permitted use in any of the three aforementioned zoning districts would also be permitted within the Mixed Use Pod of a PID. A cigar retailer is a permitted use in the C-3 zoning district, and therefore, would be allowed in the Mixed Use Pod of a PID. With respect to conditional uses however, the Mixed Use Pod provisions are more restrictive. Conditional uses in the C-1 and C-2 districts are permitted uses within the Mixed Use Pods; however, any conditional use in the C-3 district is not allowed in the Mixed Use Pod, either permitted or conditionally. In the C-3 district, a cigar bar (bar / night club) requires conditional use approval, and therefore, would not be allowed in the Mixed Use Pod. The subject regulations were originally drafted through a collaborative effort of Quantum Park developers and city staff, which final product was influenced more by the different compromises made and ultimate consensus reached between the two parties, than by the framework of existing zoning regulations. The recent inquiry by an interested business operator has led to the discovery of this inconsistency. This code amendment would modify that particular restriction so that cigar bars (or any type of bar / night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with the C-3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning district. Both mixed use districts have similar design and development standards, and intended development patterns. In both districts, the conditional use process affords the City an opportunity to more closely examine each proposed bar and nightclub establishment on a case-by-case basis to ensure compliance with minimum code requirements as well as compatibility with the residential components of the development. Proposed Changes: Part III (LDR), Chapter 3, Article IV, Section 3.C.6.b b. Use(s) Allowed in Mixed Use Pod . Mixed-Use Pod within the PID district shall contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID district: 1) Townhouse and /or multi-family residential; 2) Commercial / retail; and 3) Business and professional offices. (1) Townhouse and / or multi-family residential; (2) Commercial / retail; and (3) Business and professional offices. 320 of 332 Townhouse and multi-family residential, if located on parcels fronting on an arterial roadway, shall be integrated into a mixed-use project (vertical or horizontal), including one (1) or more of the uses listed below. The intent of this provision is to further the intent and purpose of both the PID district and Mixed-Use Pod regulations by requiring developments along the streetscape that benefit motorists and pedestrians alike, through proper orientation, visual attributes, desirable commercial, retail, and office uses and services. Allowable uses within the Mixed Use Pod shall be limited as follows: (1) Any permitted use in the C-1, C-2, or C-3 zoning districts is considered permitted in the Mixed Use Pod; (2) Any conditional use in the C-1 or C-2 zoning district shall require conditional use approval in the Mixed Use Pod; and (3) Bars and nightclub establishments shall require conditional use approval in the Mixed Use Pod. Allowed uses within the Mixed-Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district as indicated by the Use Matrix Table 3-28 below. CONCLUSION / RECOMENDATION Staff determined that modifying the above Mixed Use Pod provisions would allow bars and night clubs into the Mixed use Pod (as conditional uses). This would increase the consistent treatment of like uses in generally similar mixed-use zoning districts, and avail the City the opportunity to promote innovative ways of attracting new businesses thereby strengthening its economic base, while still reserving the authority to deny any applications that are found to be noncompliant or would otherwise fail to meet the intent of the City’s performance standards. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-005 Cigar Bar in Mixed Use Pod\Staff Report.doc 321 of 332 13. B LEGAL July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Lobbyist Registration Ordinance - David Katz EQUESTED CTION BY ITY OMMISSION ER: Commissioner Orlove requested this item be placed on the agenda XPLANATION OF EQUEST for continued discussion. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 322 of 332 14. A FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Discuss the request by Ms. Lonergan of the Meadows EQUESTED CTION BY ITY OMMISSION HOA to allow the HOA to assume maintenance of the City vacant park land located at the Southwest Corner of Meadows Boulevard and Springfield Boulevard (extended) - 7/19/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 323 of 332 14. B FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Economic Development Plan - 7/19/11 EQUESTED CTION BY ITY OMMISSION ER: A the June 7, 2011 City Commission meeting, staff was directed to XPLANATION OF EQUEST bring back to Commission an Economic Development Plan to include a two-pronged approach that will assist with both business retention and business recruitment throughout the city. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 324 of 332 14. C FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Modification to City's lobbying registration ordinance - EQUESTED CTION BY ITY OMMISSION 7/19/11 ER: At the June 7, 2011 City Commission meeting, the City Attorney XPLANATION OF EQUEST was directed by the Commission to bring back revisions to the City’s Lobbying Registration Ordinance. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 325 of 332 14. D FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Contractual Agreement between the City of Boynton EQUESTED CTION BY ITY OMMISSION Beach and Sharyn Goebelt - 7/19/11 ER: At the June 21, 2011 City Commission meeting, the Commission XPLANATION OF EQUEST requested that a contractual agreement be negotiated between the City of Boynton Beach and the out-going Human Resources Director, Sharyn Goebelt to assist during the transition period of bringing on board a new H.R. Director. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 326 of 332 14. E FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Update by Utilities on the Seacrest Corridor Project - EQUESTED CTION BY ITY OMMISSION 7/19/11 ER: Utilities Department will provide a report to Commission on the XPLANATION OF EQUEST history of the Seacrest Corridor Project, including challenges associated with the project and the timeline for moving forward. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 327 of 332 14. F FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 to City/CRA workshop - 8/02/11 EQUESTED CTION BY ITY OMMISSION ER: As a follow-up to the May 17, 2011 Commission meeting, staff will XPLANATION OF EQUEST bring back to the Commission updated funding estimates for options 1a and 1b which included relocating the Police Department to either the High Ridge Road site or East Seacrest Blvd. Staff will also provide land values on city owned property available for sale. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 328 of 332 14. G FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Veteran's Park on Ocean Ave - 08/16/11 EQUESTED CTION BY ITY OMMISSION ER: At the June 21, 2011 City Commission meeting, staff was directed XPLANATION OF EQUEST to collaborate with the CRA and Recreation and Parks Advisory Board to bring back to the Commissions options for park enhancement/redevelopment for the Ocean Avenue Veteran’s Park. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 329 of 332 14. H FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 Manager Search - 8/16/11 EQUESTED CTION BY ITY OMMISSION ER: As a follow-up to the June 21, 2011 City Commission meeting, staff XPLANATION OF EQUEST will bring back to Commission a recommended process for a City Manager search. This will include job description and qualifications, profile of the City and the ideal candidate, application screening options and suggested timeline. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 330 of 332 14. I FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 the “review committee” to rename EQUESTED CTION BY ITY OMMISSION the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD ER: This item was tabled at the June 21, 2011 City Commission XPLANATION OF EQUEST meeting. Staff recommends that this item remain tabled pending the conclusion of litigation concerning the Rahming and Williams families. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 331 of 332 14. J FUTURE AGENDA ITEMS July 5, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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 332 of 332