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Agenda 09-06-11 Searchable The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 Boynton Beach Boynton Beach TUESDAY, SEPTEMBER 6, 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 481 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Pastor Kevin Slack of Christ Our Victory Fellowship C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2011- 2012 Fire Assessment. PROPOSED RESOLUTION NO. R11-089 B. Conduct this first Public Hearing for the Fiscal Year 2011-2012 Budget in order to: 1. PROPOSED RESOLUTION NO. R11-090 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2011-2012. 2. PROPOSED RESOLUTION NO. R11-091 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2011-2012. C. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. 2nd Budget Public Hearing and Final Adoption of the Fiscal Year 2011/12 Budget - Tuesday, September 20, 2011 at 6:30 p.m. in Chambers B. Proclaim September 11, 2011 as Patriot Day and National Day of Service and Remembrance. Proclamation to be presented to Pastor Kevin Slack 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 Michael Madalena, a regular member of the Financial Advisory Committee C. Accept the resignation of Corey Cook, a regular member of the Recreation and Parks Advisory Board 3 of 481 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the minutes from the City Commission budget meetings held on July 11, 12 and 13, 2011 and the regular meeting held on August 16, 2011 B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the ten (10) month period ended July 31, 2011 C. PROPOSED RESOLUTION NO. R11-092 - Approve and authorize signing of an Agreement for Water Service Outside City Limits with Zheng Weifang for the property at 7756 Washington Ave, Lantana, FL D. PROPOSED RESOLUTION NO. R11-093 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Raymon A. Marcinkoski for the property at 1155 Highview Rd, Lantana, FL E. PROPOSED RESOLUTION NO. R11-094 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Raymond A. Marcinkoski for the property at 1147 Highview Rd, Lantana, FL F. PROPOSED RESOLUTION NO. R11-095 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Cathy Howard for the property at 1236 Peak Road, Lantana, FL. G. PROPOSED RESOLUTION NO. R11-096 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Toni A. Andrews for the property at 7727 Overlook Road, Lantana, FL. H. PROPOSED RESOLUTION NO. R11- 097 - Authorize the Interim City Manger to execute the Subrecipient Agreement with the State of Florida and accepting the 2010 State Homeland Security Grant in the amount of $9,000 to fund sustainment training for Boynton Beach Fire Rescue Department's FLUSAR Type II Team 746. I. PROPOSED RESOLUTION NO. R11-098 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) awarded for $55,803 J. Approve request for Hurricane Alley Sidewalk Café Permit. Applicant - Ms. Kim Kelly, owner K. Motion to approve one-year extension with a 6% price increase for the Annual Supply of Metal Containers and Roll-Offs, Bid #057-2510-10/JMA with an estimated annual expenditure of $60,000 4 of 481 L. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 067-1412-11/MFD to the following six (6) companies: Ferguson, HD Supply, Innovative Metering, Lehman Pipe, MSC Waterworks and Sunstate Meter on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $65,000 M. Approve the updated Library Long Range Plan for 2011-2014 N. PROPOSED RESOLUTION NO. R-11-099 - Approve and authorize the grant application and agreement for Library State Aid To Public Libraries Grant for FY2011- 2012 7. BIDS AND PURCHASES OVER $100,000 A. (1) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821- 11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11) 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement of $9,000 in Toby and Lorraine Rubin v. City of Boynton Beach 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve new site plan for the construction of a 12,204 square foot office building on a 1.41-acre parcel in the PID zoning district. Applicant: Literacy Coalition of Palm Beach County 10. CITY MANAGER’S REPORT A. Per the request of Mayor Rodriguez, discuss alternatives to the City's current solid waste collection services - TABLED ON 08/16/11 11. UNFINISHED BUSINESS A. Discuss the recommendation from the "review committee" to rename the Boynton Beach Child Care Center building in honor of Lena Rahming 12. NEW BUSINESS None 5 of 481 13. LEGAL A. PROPOSED ORDINANCE NO. 11-021 - FIRST READING - Amend the Land Development Regulations, Chapter 3, Article V, Section 9 "Sidewalk Café" relative to locational and operational characteristics. Applicant: City-initiated B. PROPOSED ORDINANCE NO. 11-020 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) modify the definitions of certain industrial uses to allow an accessory component to include retails sales, tasting rooms, and facility tours; and 2) to allow such industrial uses within the General Commercial (C-4) zoning district. Applicant: City-initiated C. Authorization to make Offer of Judgment in the Boynton Beach Mausoleum vs. City of Boynton Beach - Palm Beach County Circuit Court Case No. 502008CA030196XXXXMB(AB) 14. FUTURE AGENDA ITEMS A. Review Draft of Old High School RFP - 9/20/11 B. City Manager Search - 10/04/11 C. Modification to the City’s lobbying registration ordinance - 10/4/11 D. Follow-up to City/CRA workshop - 10/04/11 E. Revisions to restrictions for vehicle size in residential districts - 10/18/11 F. Draft Economic Development Plan for the City of Boynton Beach - 10/18/11 G. Report from Branding Committee - 10/18/11 H. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 481 2. A OTHER September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Conduct a Public Hearing to adopt the Final Assessment EQUESTED CTION BY ITY OMMISSION Resolution for the FY 2011-2012 Fire Assessment. PROPOSED RESOLUTION NO. R11-089 ER: On July 13, 2011, the City Commission adopted Resolution No. XPLANATION OF EQUEST R11-074 to continue the Fire Assessment Program for FY 2011-2012. On August 8, 2011, the City published a “Notice of Hearing to Impose and Provide for Collection of Fire Rescue Special Assessments” in the Palm Beach Post. In addition, the City had a statutorily required Notice to Property Owner mailed to affected property owners by first class mail. In addition, the Palm Beach County Property Appraiser’s Office mailed TRIM notices informing all property owners of the assessment via their proposed property tax bill. All notices provided the time, date and place of this Hearing that the Commission would consider the adoption of the Final Assessment Resolution. The proposed Assessment for residential property owners is $88.00 annually per dwelling unit. This represents a $20.00 annual increase or $1.67 per month from the $68.00 annual Assessment in FY 2010-2011. The Citizen Financial Advisory Committee recommended this increase recognizing that with declining property values many property owners pay little or no property taxes yet their properties are still protected by the City’s Fire Rescue Services. The “Fiscal Impact” discusses the rates further. The City Commission recognizes that the Assessment may create a hardship on certain residential property owners in the City. Therefore, the Final Rate Resolution provides a means whereby property owners may request H.E.L.P. (Hardship Extension Loan Program) for a total or partial waiver through an application review process. A copy of the application and criteria is attached. 7 of 481 In addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby vacancies result in the absence of structures on unoccupied spaces as compared to other residential properties and lack demand for Fire Rescue services for unoccupied spaces which lack structures. H? The Fire Assessment provides only partial OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES funding to the total Fire Department in order to maintain its excellent response time. It does not provide funding for EMS services. Only Fire Rescue services are allowed under Florida Statutes. FI: For Fiscal Year 2011-12, the estimated gross Fire Rescue Assessed cost is ISCAL MPACT $5,480,659 reduced to a net realized assessment of $4,698,823 after excluding tax exempt properties and buydowns. The net realized Fire Assessment of $4,698,823 would equal an increase to the ad valorem property tax rate of 1.5069 to raise the same amount of revenue to the City. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels follow. Property Use Category Rate Per Dwelling Unit Residential $88.00 Rate Per Square Foot Non-Residential Property Use Categories (*) Commercial $0.20 Industrial/Warehouse $0.05 Institutional $0.22 Nursing Home $0.22 . (*)There is a maximum of 77,001 square foot cap on non-residential buildings The above rates only assess less than 44% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the square footage rates for commercial property. A: LTERNATIVES 1. Approve the proposed assessment levels. ($88.00 per dwelling unit, etc.) 2. Approve the current assessment levels ($68.00 per dwelling unit, etc.) that would result in a reduced net assessment of $1,023,369 requiring a reduction in either a. The Fire Rescue budget and level of service and response times or b. Other General Fund departments in order to maintain a balanced General Fund budget. (Note: At this point, the proposed 7.4000 ad valorem tax rate cannot be raised) 3. Approve an alternate assessment level with proportional consequences to above. 4. Not approve the Fire Assessment with proportional consequences to above. 8 of 481 9 of 481 10 of 481 11 of 481 12 of 481 13 of 481 14 of 481 15 of 481 16 of 481 17 of 481 18 of 481 19 of 481 20 of 481 21 of 481 22 of 481 23 of 481 24 of 481 25 of 481 26 of 481 27 of 481 28 of 481 29 of 481 30 of 481 31 of 481 32 of 481 33 of 481 34 of 481 35 of 481 36 of 481 37 of 481 38 of 481 39 of 481 40 of 481 41 of 481 42 of 481 43 of 481 44 of 481 45 of 481 46 of 481 47 of 481 2. B OTHER September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Conduct this first Public Hearing for the Fiscal Year 2011- EQUESTED CTION BY ITY OMMISSION 2012 Budget in order to: 1. PROPOSED RESOLUTION NO. R11-090 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2011-2012. 2. PROPOSED RESOLUTION NO. R11-091 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2011-2012. ER: This is the first Public Hearing of two that will be conducted for the XPLANATION OF EQUEST adoption of a millage rate and operating budgets for fiscal year 2011-2012 NOTE: The second and FINAL Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2011-2012 will take place on Tuesday, September 20, 2011 at 6:30pm in the City Hall Commission Chambers. The procedure adopting the millage rate and budget is established by Section 200.065, Florida Statutes. The City customarily establishes its millage rate and budget by adoption of Resolutions. The attached resolutions meet the State requirements. As a result of the Budget Workshops in July, 2011 staff has identified the following list of items that require continued discussion and direction from the City Commission: 1) Shopper Hopper Program: ATTACHMENT #1 2) Financial Advisory Revenue Report – Staff review and recommendations. ATTACHMENT #2 48 of 481 3) Fire Station #1 Research Summary - Several City Commissioners requested information regarding the history and discussions of the addition of Fire Station #5 (High Ridge Rd.) as it relates to the continued operation of Fire Station #1 (located at City Hall). ATTACHMENT #3 4) Review and approval of two new job descriptions for the Human Resources Department. This year’s budget proposal includes a departmental reorganization which includes the elimination of three positions and the reclassification of two positions. See attached summary and descriptions. The City Commission must approve the new job classifications prior to implementation of the new budget. ATTACHMENT #4 5) “Wish List” items – Based on discussions with individual Commissioners, the below list has been created for discussion by the Board as a whole: a) Add Little League funding $ 20,000 b) Restore Senior Center hours – .5 FTE $ 15,000 c) Nuisance Abatement – Does not impact GF budget - $ 75,000 (staff recommends utilizing Sanitation Funds) d) Restore some Museum funding $ 20,000 e) Restore some Library funding $ 25,000 f) Economic Development Incentive funding $100,000 H? By adopting the Resolutions, the Commission OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides the legal authority to appropriate resources to carry out City programs and services for FY 2011-2012. FI: ISCAL MPACT The proposed millage rate of 7.4000 levies property taxes to partially support the General Fund in FY 2011-2012. This proposed millage is 2.9% above the computed rolled back rate of 7.1941. Both rates are levied on the gross taxable value of $3.77 billion, a 3% reduction from the prior year. A comparison of the net property taxes received to support the General Fund follows. Rolled Back RateProposed Rate Taxable Value$ 3,776,713,000$ 3,776,713,000 Millage Rate / 1,0007.19417.4000 Gross Taxes Levied$ 27,170,000 $ 27,948,000 Less Discounts$ (951,000) $ (978,000) Less CRA TIF Payment$ (3,782,000)$ (3,890,000) Taxes to General Fund$ 22,437,000 $ 23,080,000 By comparison, the recommended Police Department budget alone is $22.7 million. The following is a summary of the fiscal impact on eight (8) Homestead Properties and Commercial or Non-Homestead Properties at the proposed 7.4000 millage rate which is a 9.4% rate increase over the current 6.7626 millage rate. Each property assumes a 2010 and 2011 assessed value, the resulting percentage change and the resulting annual property taxes, the percentage change and monthly increase or (decrease). An attachment displays the complete calculation for each property. 49 of 481 Assessed ValueProperty Taxes 20102011% Change20102011% ChangeMonthly Homestead Properties: 1$ 375,000$ 345,000-8.0%$ 2,198 $ 2,183 -0.7%$ (1.24) 2$ 175,000$ 165,000-5.7%$ 845$ 8510.7%$ 0.47 3$ 100,000$ 95,000-5.0%$ 338$ 333-1.5%$ (0.43) 4$ 50,000$ 48,000-4.0%$ 169$ 1700.7%$ 0.09 Totals >>>$ 3,550 $ 3,537 -0.4% Commercial or Non-Homestead Properties: 5$ 2,000,000 $ 1,900,000 -5.0%$ 13,525$ 14,0604.0%$ 44.57 6$ 175,000$ 165,000-5.7%$ 1,183 $ 1,221 3.2%$ 3.13 7$ 100,000$ 95,000-5.0%$ 676$ 7034.0%$ 2.23 8$ 50,000$ 48,000-4.0%$ 338$ 3555.0%$ 1.42 Totals >>>$ 15,723$ 16,3393.9% NOTE: It is important to note that the ad valorem rate increase of 9.4% does not result in a property tax increase of 9.4%. In fact, in some cases, a tax decrease could result at the 7.4000 millage rate. The General Fund Budget as initially recommended plus adjustments made at the July workshops follow: Total Funding General Fund Budget Adjustment Description Total Expenditures Sources Surplus (Deficit) Budget Page Reference GF-7 GF-15 & GF-7 GF-7 Initial Recommended General Fund Budget$ 64,794,175$ 67,101,387 $ (2,307,212) Global Budget Adjustments Recommended (Page 12) Pension Savings - Interest Expense Charge/ Salary Adjustments$ - $ (1,225,655) $ (1,081,557) Alternate Transportation Services for "Shopper Hopper"$ - $ 50,000 $ (1,131,557) Increase Proceeds of Traffic Safety Fund from $200,000 to $300,000$ 100,000 $ -$ (1,031,557) Workshop Adjustments: Expenditure Increases (Reductions) Library - Subscriptions/Memberships $ - $ 400$ (1,031,957) Projected Unemployment Compensation$ - $ 100,000$ (1,131,957) Eliminate 6 Fire Rescue Vacant Positions ($423,667 Less $45,200)$ - $ (378,467)$ (753,490) Fire Department Hydrant Testing Reduction$ - $ (45,200)$ (708,290) Eliminate Contingency from City Hall Budget$ - $ (25,000)$ (683,290) Reduce City Commission Business Meetings from $6,000 to $5,000$ - $ (1,000)$ (682,290) Reduce Commission Memberships for Natl League of Cities @ $5,400$ - $ (5,400)$ (676,890) Revenue/Funding Source Increases (Reductions) Accept All or Part of Added Revenue Increases Per FAC - Page 4$ 25,000$ -$ (651,890) Development Dept Building Services Agreement-Town of Hypoluxo$ 29,100$ -$ (622,790) Increased Property Taxes @ 7.4000 Proposed Tax Rate$ 422,000 $ -$ (200,790) Less Increased TIF Increment to CRA$ (60,000) $ -$ (260,790) Sub-Totals$ 65,310,275$ 65,571,065 $ (260,790) The net impact of reducing the ad valorem tax rate to the rolled back rate of 7.1941 would be to reduce total revenues by $643,000 that would raise the above deficit to $903,790 whereby further adjustments would be required to balance the budget. Budgets of other funds are included in the Budget Resolution. A: To be determined LTERNATIVES 50 of 481 51 of 481 52 of 481 53 of 481 54 of 481 55 of 481 56 of 481 57 of 481 58 of 481 59 of 481 60 of 481 61 of 481 62 of 481 63 of 481 64 of 481 65 of 481 66 of 481 67 of 481 68 of 481 69 of 481 70 of 481 71 of 481 72 of 481 73 of 481 74 of 481 75 of 481 76 of 481 77 of 481 78 of 481 79 of 481 80 of 481 81 of 481 82 of 481 83 of 481 84 of 481 85 of 481 86 of 481 87 of 481 88 of 481 89 of 481 90 of 481 91 of 481 92 of 481 93 of 481 94 of 481 95 of 481 96 of 481 97 of 481 98 of 481 99 of 481 100 of 481 101 of 481 102 of 481 103 of 481 104 of 481 105 of 481 106 of 481 RESOLUTION R11-_____ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A PROPOSED MILLAGE RATE FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012 ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED MILLAGE RATE EXCEEDS THE ROLLED-BACK RATE; ANNOUNCING THE DATE, TIME AND PLACE OF THE SECOND AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE . WHEREAS, a tentative budget has been prepared estimating expenditures and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has met and considered the recommendations, the suggested tentative budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065; and 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 proposed Millage Rate for the 2011-2012 Fiscal Year shall be 7.4000 for the General Fund. Section 3. A copy of the tentative budget shall be published in one issue of a newspaper published in Palm Beach County, Florida, and at the same time the public will be notified of a public hearing to be held on the 20th day of September, 2011, at 6:30 P.M. for the purpose of hearing suggestions, agreements, objections or criticisms of the tentative budget and millage. This meeting is 107 of 481 for the purpose of setting a final tax levy and final budget. Section 4. The proposed millage rate is _2.9 % above the computed rolled back rate of 7.1941 . Section 5. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 6. This Resolution shall become effective immediately upon passage. 108 of 481 PASSED AND ADOPTED this 6th day of September, 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) 109 of 481 RESOLUTION R11-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared by the Interim City Manager estimating expenditures, transfers, and revenues of the City for the ensuing year, with detailed information, including revenues to be derived from sources other than the ad valorem tax levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS , the City Commission has met and considered the recommendations, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the city for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. That the tentative budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2011 and ending September 30, 2012, a copy of which is attached hereto, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. General Fund Section 3. There is hereby appropriated the sum of $ 65,875,732 to the for the payment of operating expenditures, transfers to other funds, and necessary capital outlays for the City Government pursuant to the terms of the above budget. Fire Section 4. That there is hereby appropriated the sum of $ 4,985,800 to the Assessment Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Local Option Section 5. That there is hereby appropriated the sum of $ 1,101,750 to the Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Community Section 6. That there is hereby appropriated the sum of $ 381,425 to the Improvements Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Public Arts Section 7. That there is hereby appropriated the sum of $ 108,132 to the Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and 110 of 481 necessary capital outlays. Recreation Section 8. That there is hereby appropriated the sum of $ 688,063 to the Program Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Cemetery Special Section 9. That there is hereby appropriated the sum of $ 327,825 to the Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 10. That there is hereby appropriated the sum of $ 1,280,200 to the Traffic Safety Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 11. That there is hereby appropriated the sum of $ 8,683,265 to the Public Service Tax Debt Service Fund for the purpose of payment operating expenditures, transfers to other funds, and the principal and interest due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. General Capital Section 12. That there is hereby appropriated the sum of $ 983,000 to the Improvement Capital Projects Fund for the payment of transfers to other funds and capital outlays pursuant to the terms of the above budget. Water and Section 13. That there is hereby appropriated the sum of $ 32,217,173 to the Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to other funds, and necessary capital outlay. 111 of 481 Water and Section 14. That there is hereby appropriated the sum of $ 17,847,000 to the Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays pursuant to the terms of the above budget. Golf Course Section 15. That there is hereby appropriated the sum of $ 2,100,853 to the Enterprise Fund for operating expenditures, transfer to other funds, and necessary capital outlays. Solid Waste Section 16. That there is hereby appropriated the sum of $ 11,294,195 to the Enterprise Fund for the payment of operating expenditures, transfers to other funds and necessary capital outlays. Transportation Section 17. That there is hereby appropriated the sum of $ 0 to the Enterprise Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Fleet Section 18. That there is hereby appropriated the sum of $ 3,787,929 to the Maintenance Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Warehouse Section 19. That there is hereby appropriated the sum of $ 271,867 to the Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Self-Insurance Section 20. That there is hereby appropriated the sum of $ 2,529,200 to the Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 21. A copy of the tentative budget summary shall be published in one issue of a newspaper published in Palm Beach County and at the same time the public will be notified of a public hearing to be held on the 20th day of September, 2011, at 6:30 P.M. for the purpose of hearing suggestions, agreements, objections or criticisms of the final budget and millage. This meeting is for the purpose of setting a final ad valorem tax levy and final budget. Section 22. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 23. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 24. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 112 of 481 Section 25. This Resolution shall become effective immediately upon passage. th PASSED AND ADOPTED this 6 day of September, 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) 113 of 481 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS nd RACC:2 Budget Public Hearing and Final Adoption of the Fiscal EQUESTED CTION BY ITY OMMISSION Year 2011/12 Budget - Tuesday, September 20, 2011 at 6:30 p.m. in Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES S:\CC\WP\EasyAgenda Items\Agenda Items\2011\Budget - Announcement of 2nd Public Hearing & Adoption.doc 114 of 481 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 September 11, 2011 as Patriot Day and National EQUESTED CTION BY ITY OMMISSION Day of Service and Remembrance. Proclamation to be presented to Pastor Kevin Slack ER: Pastor Slack, representing the American Awakening Alliance, XPLANATION OF EQUEST requested the proclamation be made in each municipality. Their simple but profound initiative is to coordinate groups of people to come together in the public square on 9/11 to pray for our nation, our leaders, and our future by uniting the Day of Patriotism and National Day of Service and Remembrance with prayer. It honors the individuals who lost their lives, to serve in the community, AND to pray to Almighty God for His grace upon our City and our Nation. H? No impact. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None available. LTERNATIVES 115 of 481 P R O C L A M A T I O N Ten years ago, the United States of America suffered an unprecedented national tragedy. On September 11, 2001, nearly 3,000 individuals from across our Nation and from more than 90 others, lost their lives in acts of terrorism aimed at the heart of our country. The Americans we lost came from every color, faith, and station. They were cherished family members, friends, and fellow citizens, and we will never forget them. Yet, against the horrific backdrop of these events, the American people revealed the innate resilience and compassion that marks our Nation. When the call came for volunteers to assist our heroic first responders, countless men and women answered with a massive rescue and recovery effort, offering hope and inspiration amidst tremendous heartbreak. Today we remember those we lost on that dark September day, and we honor the courage and selflessness of our first responders, service members, and fellow citizens who served our Nation and its people in our hour of greatest need. Throughout America, this day we will always remember our loss with a moment of reflection. We are reminded of the value of life, the uncertainty of tomorrow, and the solemn truth that the affairs of nations are governed by divine power. We are reminded that all the people of this vast nation are Americans as well as children of God. In this spirit, President Barack Obama proclaimed September 11, 2011, as Patriot Day and National Day of Service and Remembrance in honor of the individuals who lost their lives on September 11, 2001 and to call upon the people of the United States to participate in community services. And on September 11, 2011, I ask the citizens of our City to take another important step. I invite the people of this diverse City to pray with contrition of heart for “Righteousness exalts a nation, but sin is a reproach to any people” (Proverbs 14:34). NOW, THEREFORE, I, JOSE RODRIGUEZ , Mayor of the City of Boynton Beach, do hereby proclaim that all citizens of the City of Boynton Beach participate in the Patriot Day and National Day of Service and Remembrance on September 11, 2011 to honor the individuals who lost their lives, to serve in the community, AND to pray to Almighty God for His grace upon our City and our nation. IN WITNESS WHEREOF , I have hereunto set my hand this sixth day of September, in the year of our Lord two thousand eleven. ___________________________________ Jose Rodriguez, Mayor ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 116 of 481 5. A ADMINISTRATIVE September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 117 of 481 118 of 481 119 of 481 120 of 481 121 of 481 122 of 481 123 of 481 124 of 481 125 of 481 126 of 481 127 of 481 128 of 481 129 of 481 130 of 481 131 of 481 132 of 481 133 of 481 134 of 481 135 of 481 136 of 481 137 of 481 5. B ADMINISTRATIVE September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 Michael Madalena, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: Michael Madalena has submitted an email resigning as a regular XPLANATION OF EQUEST member of the Financial Advisory Committee. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 138 of 481 139 of 481 5. C ADMINISTRATIVE September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 Corey Cook, a regular member EQUESTED CTION BY ITY OMMISSION of the Recreation and Parks Advisory Board ER: Corey Cook has submitted an email resigning as a regular member XPLANATION OF EQUEST of the Recreation and Parks Advisory Board. H? The Recreation and Parks Advisory Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 140 of 481 141 of 481 6. A CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 budget EQUESTED CTION BY ITY OMMISSION meetings held on July 11, 12 and 13, 2011 and the regular meeting held on August 16, 2011 The City Commission met on July 11, 12, 13 and August 16, 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 142 of 481 143 of 481 144 of 481 145 of 481 146 of 481 147 of 481 148 of 481 149 of 481 150 of 481 151 of 481 152 of 481 153 of 481 154 of 481 155 of 481 156 of 481 157 of 481 158 of 481 159 of 481 160 of 481 161 of 481 162 of 481 163 of 481 164 of 481 165 of 481 166 of 481 167 of 481 168 of 481 169 of 481 170 of 481 171 of 481 172 of 481 173 of 481 174 of 481 175 of 481 176 of 481 177 of 481 178 of 481 179 of 481 180 of 481 181 of 481 182 of 481 183 of 481 184 of 481 185 of 481 186 of 481 187 of 481 188 of 481 189 of 481 190 of 481 191 of 481 192 of 481 193 of 481 194 of 481 195 of 481 196 of 481 197 of 481 198 of 481 199 of 481 200 of 481 201 of 481 202 of 481 203 of 481 204 of 481 205 of 481 206 of 481 207 of 481 6. B CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Accept the FY 2010 -11 Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Fund Revenues & Expenditures for the ten (10) month period ended July 31, 2011 ER:This report summarizes the estimated funding sources and the XPLANATION OF EQUEST adopted expenditure budgets for the City’s General Fund and Utility Fund for the ten (10) month period ended July 31, 2011 (83% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what provides and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES controls the resources for City programs and services. FI:The annual budget and results to date for the General Fund and Utility Fund ISCAL MPACT follow. GENERAL FUND FY 2011FY 2010 FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 61,54190%$ 70,517$ 63,020 89%-3%-2% Expenditures$ (68,551)$ (56,704)83%$ (70,517)$ (60,815)86%-3%-7% Excess (Deficit)$ -$ 4,837$ -$ 2,205 208 of 481 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $41.5 M or 60% of our total $68.5 M General Fund budget estimate for FY 2011. Transfers from other funds (non-revenues) provide $27.0 M or a large 40% of the total funding sources to balance our $68.5 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 32% - $ 22.1 M – Property taxes less Tax Increment Financing to the CRA 2. 28% - $ 19.4 M – All other revenues 3._40% - $ 27.0 M – Transfers from other funds 100% - $ 68.5 M – Total funding sources While the property tax rate remained the same in both FY 2011 and FY 2010, the property taxes levied of $22.1 M in FY 2011 represent a 14.2% decrease in property tax revenue or a decline of $3.7 M from FY 2010. To balance the budget in FY 2011, it required transfers from other funds of $27.0 M representing 40% of all funding sources. Actual Funding Sources Realized: For the ten months in FY 2011, revenues and transfers realized are $ 61.5 M or 90% of the budget estimate compared to 89% realized to date in FY 2010. Property Taxes: To date, as noted on Exhibit A, net property taxes actually received are $21.7 M (98% of the annual estimate) for FY 2011. While, this was $25.3 M in FY 2010 to date, the reduction is due to the budgeted tax decrease mentioned above. The percentage received to date in both years is 98%. Realization of the remaining balance of $392,250 is largely dependent on payment of delinquent property taxes which is an unknown at this point Other Revenues: The three major revenue sources other than property taxes are Franchise Fees (running behind at 73% collected), State shared revenues (on target at 84% collected), and Public Safety revenues (slightly ahead at 88%). In total, they appear on target. Several smaller revenue categories have already exceeded their annual budget estimate at this 83% point in the fiscal year. These include the following with the % of the total annual revenue estimate noted:  107% - Business taxes  228% - Building permits  115% - General government charges for services  247% - Code violations  172% - Miscellaneous revenues In total, they could offset any estimated property taxes not received. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations decreased approximately 3% from $70.5 M to $68.5 M. The decrease impacted all departments with the larger decreases coming from Fire and Building departments 209 of 481 Actual Expenditures – General Fund expenditures for the ten month period ending July 31 (83% of the fiscal year) are $ 56.7 M that is 83% of the $68.5 M expenditure appropriation for FY 2011. Overall, the expenditures are on target at this 83% point of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $ 56.7 M or 83% of the FY 2011 budget. At 83%, we are behind in spending levels compared to the 86% actual spending levels in FY 2010 for this same period. Police and Fire represent over 61% of the total $68.5 M FY 2011 budget. Their spending levels are 85% to date or 2% in excess of the same 83% point of the fiscal year. If they continue spending at that pace, they will exceed their budgets in excess of $842,000 for the year. UTILITY FUND The FY 2011 annual expenditure budget of $31.9 M represents a 2% decrease from the FY 2010 budget of $32.4 M. The operational forecast may yield an estimated $4.3 M fund balance increase for the year based on the budget. For the ten months in FY 2011,  Revenues realized are $ 28.6 M (90%) of the annual budget estimate.  Expenditures incurred are $26.1 M (82%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $ 2.5 M. FY 2011FY 2010FY 2011 vs. 2010 Annual Actual to DateAnnual Actual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967$ 28,68590%$ 32,465$ 28,24287%-2%2% Expenditures$ (31,967)$ (26,171)82%$ (32,465)$ (26,259)81%-2%0% Excess (Deficit)$ -$ 2,514$ -$ 1,983 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $ 28.6 M in FY 2011 actual revenues and fund balance increase are slightly ahead of the $ 28.2 M to date in FY 2010, because of two factors: 210 of 481  Water Sales - $15.1 M equivalent to 89% of the annual estimate, compared to $14.1 M (92%) at this point in FY2010.  In FY 2011, $ 4.3 M is being recognized as an added increase to fund balance, compared to an added increase of $ 2.4 M in FY2010. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $ 26.1 M or 82% of the annual appropriation compared to expenditures of $ 26.2 M or 81% for the prior fiscal year. All major areas with the exception of Public Water Treatment are operating within their budgets. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 211 of 481 212 of 481 213 of 481 214 of 481 215 of 481 6. C CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. R11-092 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service Outside City Limits with Zheng Weifang for the property at 7756 Washington Ave, Lantana, FL ER: Water service areas have been designated between the County XPLANATION OF EQUEST and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits north of Miner Rd between N Seacrest Blvd and Overlook Rd. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge above the ISCAL MPACT water rates charged to customers within the City. A: Deny request to provide service. If service is denied the Consumptive Use LTERNATIVES Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has a limiting restriction #19 that states “The Permittee shall notify the District within 30 216 of 481 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 217 of 481 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ZHENG WEIFANG; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 7756 Washington Avenue, Lantana, Florida (PCN: 00-43-45-09-09-000- 3250); and WHEREAS , the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Zheng Weifang, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ 218 of 481 Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 219 of 481 220 of 481 221 of 481 222 of 481 223 of 481 224 of 481 225 of 481 226 of 481 227 of 481 228 of 481 6. D CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. R11-093 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service outside the City limits with Raymon A. Marcinkoski for the property at 1155 Highview Rd, Lantana, FL ER: Water service areas have been designated between the County XPLANATION OF EQUEST and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits north of Miner Rd between N Seacrest Blvd and Overlook Rd. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge above the ISCAL MPACT water rates charged to customers within the City. A: Deny request to provide service. If service is denied the Consumptive Use LTERNATIVES Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has a limiting restriction #19 that states “The Permittee shall notify the District within 30 229 of 481 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 230 of 481 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND RAYMOND A. MARCINKOSKI; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 1155 Highview Road, Lantana, Florida (PCN: 00-43-45-09-09-000-1980); and WHEREAS , the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County; and WHEREAS , water service has been designated between the county and the various local utilities; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Raymond A. Marcinkoski, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA 231 of 481 ______________________________ 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) 232 of 481 233 of 481 234 of 481 235 of 481 236 of 481 237 of 481 238 of 481 239 of 481 240 of 481 241 of 481 242 of 481 243 of 481 244 of 481 245 of 481 6. E CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. R11-094 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service outside the City limits with Raymond A. Marcinkoski for the property at 1147 Highview Rd, Lantana, FL ER: Water service areas have been designated between the County XPLANATION OF EQUEST and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits north of Miner Rd between N Seacrest Blvd and Overlook Rd. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge above the ISCAL MPACT water rates charged to customers within the City. A: Deny request to provide service. If service is denied the Consumptive Use LTERNATIVES Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has a limiting restriction #19 that states “The Permittee shall notify the District within 30 246 of 481 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 247 of 481 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND RAYMOND A. MARCINKOSKI; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 1147 Highview Road, Lantana, Florida (PCN: 00-43-45-09-09-000-1990); and WHEREAS , the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County; and WHEREAS , water service has been designated between the county and the various local utilities; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Raymond A. Marcinkoski, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA 248 of 481 ______________________________ 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) 249 of 481 250 of 481 251 of 481 252 of 481 253 of 481 254 of 481 255 of 481 256 of 481 257 of 481 258 of 481 259 of 481 260 of 481 261 of 481 262 of 481 263 of 481 6. F CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. R11-095 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service outside the City Limits with Cathy Howard for the property at 1236 Peak Road, Lantana, FL. ER: Water service areas have been designated between the County XPLANATION OF EQUEST and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Overlook Rd. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge above the ISCAL MPACT water rates charged to customers within the City. A: Deny Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current 264 of 481 permit has a limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 265 of 481 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CATHY HOWARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 1236 Peak Road, Lantana, Florida (PCN: 00-43-45-09-09-000-2480); and WHEREAS , the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County which receives water from a well; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Cathy Howard, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – William Orlove 266 of 481 _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 267 of 481 268 of 481 269 of 481 270 of 481 271 of 481 272 of 481 273 of 481 274 of 481 275 of 481 276 of 481 277 of 481 6. G CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. R11-096 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service outside the City Limits with Toni A. Andrews for the property at 7727 Overlook Road, Lantana, FL. ER: Water service areas have been designated between the County XPLANATION OF EQUEST and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge above the ISCAL MPACT water rates charged to customers within the City. A: Deny request to provide service. If service is denied the Consumptive Use LTERNATIVES Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current 278 of 481 permit has a limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 279 of 481 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND TONI A. ANDREWS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 7727 Overlook Road, Lantana, Florida (PCN: 00-43-45-09-04-000-0010); and WHEREAS , the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County which receives water from a well; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Toni A. Andrews, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ 280 of 481 Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 281 of 481 282 of 481 283 of 481 284 of 481 285 of 481 286 of 481 287 of 481 288 of 481 289 of 481 290 of 481 291 of 481 6. H CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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- 097 - Authorize the EQUESTED CTION BY ITY OMMISSION Interim City Manger to execute the Subrecipient Agreement with the State of Florida and accepting the 2010 State Homeland Security Grant in the amount of $9,000 to fund sustainment training for Boynton Beach Fire Rescue Department's FLUSAR Type II Team 746. ER: This request is for execution of the Subrecipient Agreement and XPLANATION OF EQUEST acceptance of the 2010 State Homeland Security Grant in the amount of $9,000 for sustainment training of the Boynton Beach Fire Rescue Department’s FLUSAR Type II Team 746. These funds will cover the cost of recertification training for Fire Rescue Department Special Operations Team members in the area of Technical Rescue certification as required by the State of Florida as a deployable asset for regional technical rescue responses. This is a continuation of a program that has been in place since 2004 (R04 -152) and requires annual recertification training. H? Acceptance of this grant and approval of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES this resolution will continue the Fire Rescue Departments Technical Rescue Team program and allow for state grant funds to be used for the sustainment training of the team members. This enhances the capabilities of our local resources and provides the citizens of Boynton Beach with an increased level of response capabilities in the area of technical rescue. This allows the team to provide a level of expertise in Technical Rescue Operations for local responses that would otherwise not be available unless provided by an outside agency that would need to be called from another jurisdiction. FI: Additional $9,000 in funding for the FY 2011/2012 Fire Department Training ISCAL MPACT Budget Account 001-2210-522-54-30. There is no funding match required with this grant. 292 of 481 A: Not accept the grant monies and have to pay for this training with General LTERNATIVES Fund Budget dollars as approved in the FY 2011/2012 Budget. 293 of 481 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A FEDERAL FISCAL YEAR 2010 STATE HOMELAND SECURITY GRANT IN THE AMOUNT OF $9,000.00; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE SUB-RECIPIENT FUNDING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this federally funded Homeland Security Grant is awarded by the State of Florida, Department of Financial Services to provide funds for sustainment training of the Florida Urban Search and Rescue Type II Light Technical Rescue (FLUSAR) Teams; and WHEREAS, the Boynton Beach Fire Rescue FLUSAR Team #746 has been a part of this program since 2004; and WHEREAS, acceptance of this grant will provide funds for the training of team members, both current and future, in the area of technical rescue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the Interim City Manager to accept and execute the 2010 State Homeland Security Grant Program Sub-recipient Agreement for Expenditure of Local Government Unit Funding for Florida to fund sustainment training of the Boynton Beach Fire Rescue Department’s Florida Urban Search and Rescue Type II Light Technical Rescue Team #746; a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA 294 of 481 ______________________________ 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) 295 of 481 296 of 481 297 of 481 298 of 481 299 of 481 300 of 481 301 of 481 302 of 481 303 of 481 304 of 481 305 of 481 306 of 481 307 of 481 308 of 481 309 of 481 310 of 481 311 of 481 312 of 481 313 of 481 314 of 481 315 of 481 316 of 481 317 of 481 318 of 481 319 of 481 320 of 481 321 of 481 322 of 481 323 of 481 324 of 481 325 of 481 326 of 481 327 of 481 328 of 481 329 of 481 6. I CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 06, 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. R11-098 - Approve the EQUESTED CTION BY ITY OMMISSION acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) awarded for $55,803 G:10/01/10–09/30/14 RANT TIME PERIOD ER:Our agency was awarded $55,803 (Award # 2011-DJ-BX-2151) on XPLANATION OF EQUEST 08/15/2011. The funds have been allocated towards our Holiday Deployment Operation for the purchasing of ballistic vest covers and laptop computers. H? Our agency has utilized this grant with OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES great success over the past several years to enhance the performance of the Uniform & Support Services Division. A portion of the JAG funds are used to supplement our Holiday Deployment Operation which focuses on high profile crime prevention. This allows officers to provide extra police presence during the holiday shopping season in an area; we call the “Congress Avenue Corridor.” The Congress Avenue Corridor is comprised of over 500 businesses and includes the Boynton Beach Mall. In addition, our agency would like to utilize a portion of the awarded JAG funds to purchase ballistic vest covers and laptop computers. The vest covers are functional and hold the officers duty gear. Officers rely on the laptop computers to conduct their everyday duties such as report writing, maps, receiving calls of service and conducting histories on residence/person(s), etc. These laptops will cover the replacement of existing laptops that are currently out of warranty. In addition to using obsolete technology that can not keep up with current application requirements, it is no longer cost effective to repair some of these computers we are currently using. 330 of 481 FI: By accepting this award, the Police Department will receive $55,803 to ISCAL MPACT improve our operations and better serve the community. A: Do not accept the grant award. LTERNATIVES 331 of 481 RESOLUTION NO. R11-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) IN THE AMOUNT OF $55,803 ALLOCATED TOWARDS THE HOLIDAY DEPLOYMENT OPERATION FOR THE PURCHASE OF BALLISTIC VEST COVERS AND LAPTOP COMPUTERS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the grant is in the amount of $55,803; and WHEREAS, a portion of the JAG funds will be used to supplement the Holiday Deployment Operation to provide extra police presence during the holiday shopping season in the area known as the Congress Avenue Corridor; and WHEREAS, in addition, a portion of the JAG funds will be used to purchase ballistic vest covers and laptops for officers who rely on these computers everyday for report writing, maps, calls of service, etc. 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 hereby accepts and authorizes and directs the Mayor and City Clerk to execute the Grant from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant Program in the amount of $55,803, a copy of the agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. 332 of 481 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) 333 of 481 334 of 481 335 of 481 336 of 481 337 of 481 338 of 481 339 of 481 340 of 481 341 of 481 342 of 481 343 of 481 344 of 481 345 of 481 6. J CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 request for Hurricane Alley Sidewalk Café Permit. EQUESTED CTION BY ITY OMMISSION Applicant - Ms. Kim Kelly, owner ER:Kim Kelly, owner of the Hurricane Alley Restaurant, is looking to XPLANATION OF EQUEST combine the space currently occupied by the restaurant with the tenant space to the east formerly occupied by the Eye of the Storm ice cream parlor, to enlarge her restaurant space and seating capacity in an effort to upgrade her liquor license. The upgraded liquor license requires a minimum of 150 seats and the restaurant is currently licensed for 96 seats. The proposal is to increase the seating to 151, of which 54 seats are proposed to be located outside and are the subject of this sidewalk café application. CRA, Engineering and Planning staff met on site with the business operator to discuss optimal seating layout, taking into consideration pedestrian convenience and safety. The table and th chair layout approved by the CRA at their August 9 meeting is the culmination of the design agreed to by all parties. The applicant has met all of the submittal requirements for sidewalk café approval and staff has drafted the companion code amendments (first reading of the Ordinance is also on this agenda), in an effort to provide greater encouragement for businesses to offer outdoor dining and maximize their compliance with City standards. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: There will be a slight increase of approximately $200 in the annual business ISCAL MPACT tax fee. Increase in State Sales Tax Revenue Sharing will be negligible. A: Do not approve Sidewalk Café permit. LTERNATIVES 346 of 481 347 of 481 348 of 481 349 of 481 350 of 481 351 of 481 352 of 481 353 of 481 354 of 481 355 of 481 356 of 481 357 of 481 358 of 481 359 of 481 360 of 481 361 of 481 362 of 481 363 of 481 364 of 481 365 of 481 6. K CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Motion to approve one-year extension with a 6% price EQUESTED CTION BY ITY OMMISSION increase for the Annual Supply of Metal Containers and Roll-Offs, Bid #057-2510-10/JMA with an estimated annual expenditure of $60,000 BE:S1,2011S1,2012 ID XTENSION EPTEMBER TO EPTEMBER ER: On September 7, 2010, the City Commission approved the award XPLANATION OF EQUEST of Bid #057-2510-10/JMA to Iron Container of Miami, Florida. The purpose of this Bid was to secure prices for a period of one (1) year for the purchase of Metal Containers (Dumpsters) and Roll-off’s used throughout the City for commercial and/or multi-residential accounts for the collection of refuse, on an . as needed basis The provision of this bid allows for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Procurement Services contacted Julian Charles of Iron Container requesting the renewal of the contract for the one year extension. Attached is a letter from Mr. Charles stating that steel prices have risen significantly since Iron Container was awarded the Bid. The Bid did not have an escalation/de-escalation clause. Based on the current pricing trends in the steel market they would like to request a partial price escalation of (6%) six percent. Staff reviewed the items purchased in connection with this bid. The majority of purchases were for Metal Containers (2CY,3CY,4CY,6CY,8CY) with minimal purchases of sets of lids and very few, if any, Roll-Off Metal Containers. Based on purchases, staff reviewed the current bid and added the 6% escalation request. It has been determined that even with the 6% increase, Iron Container still remains the lowest, most responsive bidder for metal containers (see attached 366 of 481 bid tally sheet). Staff is recommending approval for a one-year extension with the 6% price increase. H? The primary purchase will be for metal OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES front-load containers that are used throughout the City at commercial and multi-family units. There are over 800 commercial accounts (including multi-family) with over 1,000 dumpsters in use. FI: Estimated amount of annual expenditures is $60,000 charged to budget ISCAL MPACT account number 431-2515-534-52-74. Below are the actual container expenses over the past three years: FY2009 = $113,803 FY2010 = $ 83,260 FY2011 = $ 52,183 A: Not to purchase any new containers, therefore, hampering our ability to LTERNATIVES provide our customers with the services that are requested or obtain quotes on an “as needed” basis which would not be cost effective. 367 of 481 368 of 481 369 of 481 370 of 481 371 of 481 372 of 481 373 of 481 6. L CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 Bid for "ANNUAL SUPPLY OF BRASS EQUESTED CTION BY ITY OMMISSION FITTINGS AND ACCESSORIES" Bid # 067-1412-11/MFD to the following six (6) companies: Ferguson, HD Supply, Innovative Metering, Lehman Pipe, MSC Waterworks and Sunstate Meter on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $65,000 : SEPTEMBER7,2011–SEPTEMBER6,2012 CONTRACT PERIOD ER: On August 10, 2011, Procurement Services opened and tabulated XPLANATION OF EQUEST seven (7) bids for Brass Fittings and Accessories (Six bids and one no-bid). All bids were reviewed by the Warehouse Manager. It was determined to recommend this award in part to six (6) companies. The award is as follows: Ferguson 5 Items HD Supply 30 Items Innovative Metering 2 Items Lehman Pipe 30 Items *** MSC Waterworks 54 Items Sunstate Meter 9 Items No Bid / Go out for quotes 4 Items Total 134 Items *** Lehman Pipe has a minimum of $25.00 per order. If we do not meet the minimum at the time of the order, we will order from the second lowest vendor. 374 of 481 The bid will be for the period of 9/7/11 to 9/6/12 and allow for two (2) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Last year’s expenditures were $62,875 and the previous year was $71,309. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of Brass Fittings and Accessories. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI: ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCK ANNUAL EXPENDITURE 502-0000-141-0100 $65,000 A: Obtain quotes on an “as needed” basis which would not be cost effective. LTERNATIVES 375 of 481 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Deputy Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: August 16, 2011 SUBJECT: Brass Bid # 067-1412-11/MFD I reviewed the tabulation sheet sent from your office. The evaluating factors used were A) Pricing; B) Domestic Merchandise C) Warehouse processing time. My recommendation is a multi-award to overall low vendor. Last year’s expenditures were $62,875.10. The previous year’s expenditures were $71,309.56. This year’s expenditures will be an estimated $65,000. Ferguson Item(s) # 9,10,92,93,126 HD Supply Item(s) # 38,71,73,77,80,82,83,84,85,86,91,94,95,96,98,108,109,110,111,112,113,114,117,124,125127,128,131,1 32,134 Innovative Metering Item(s) # 118,119 Lehman Pipe 376 of 481 Item(s) # 1,2,3,4,5,6,7,8,11,12,13,14,18,31,32,33,34,35,36,37,52,53,54,55,56,57,58,59,60,65 MSC Waterworks Item(s) # 15,16,17,19,20,21,22,23,24,25,26,27,28,29,30,39,40,41,42,43,44,45,63,64,66,67,68,69,7072,74,75,76,78 ,79,81,88,89,90,97,99,100,101,102,103,104,105,106,107,115,116,129,130,133 Sunstate Meter Item(s) # 46,47,48,49,50,51,61,62,87 No Bid (We will go out for quote on these items) Item(s) # 120,121,122,123 Lehman Pipe has a minimum of $25.00 per order. If we do not meet the minimum we will order from the second lowest vendor. In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Ferguson 25% HD Supply Cost plus 15% Innovative Metering 50% Lehman Pipe 25% MSC Waterworks 25% Sunstate Meter 30% CC: Barry Atwood, Director of Finance 377 of 481 378 of 481 379 of 481 380 of 481 381 of 481 382 of 481 383 of 481 384 of 481 385 of 481 386 of 481 387 of 481 388 of 481 6. M CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 updated Library Long Range Plan for 2011- EQUESTED CTION BY ITY OMMISSION 2014 ER: The State requires that each year, the City Commission formally XPLANATION OF EQUEST approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a three-year rolling plan that is updated each year by Library Administration and approved by City Commission. H? Approval will qualify the Library to apply OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2011-2012 Budget Request. FI: State Aid Grants bring additional library resources to the community ISCAL MPACT (estimated at $56,431 for FY11-12). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. A: Do not approve and eliminate the Library from the State Aid Grant Program. LTERNATIVES 389 of 481 390 of 481 391 of 481 392 of 481 393 of 481 394 of 481 395 of 481 396 of 481 397 of 481 398 of 481 399 of 481 400 of 481 401 of 481 402 of 481 6. N CONSENT AGENDA September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. R-11-099 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the grant application and agreement for Library State Aid To Public Libraries Grant for FY2011-2012 ER: The State requires that each year, the City Commission authorize XPLANATION OF EQUEST the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2009-2010 City of Boynton Beach funds expended for Library Services ($2,316,726). Final grant award, which is estimated to be $56,431, will be announced in February 2012 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida. H? Approval will qualify the Library to receive OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. FI: State Aid Grants are operational grants that bring additional library resources ISCAL MPACT to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. A: Do not approve and eliminate the Library from the State Aid Grant Program. LTERNATIVES 403 of 481 RESOLUTION NO. R 11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE LIBRARY STATE AID GRANT APPLICATION AND AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR THE FISCAL YEAR 2011-2012; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the Grant Application and Agreement for Library State Aid each year; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize execution of the Library State Aid Grant Application and Agreement with the Florida Department of State, Division of Library and Information Services for the Fiscal Year 2011-2012. 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 authorize execution of the Library State Aid Grant Application and Agreement with Florida Department of State, Division of Library and Information Services for the Fiscal Year 2011-2012, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ 404 of 481 Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 405 of 481 406 of 481 407 of 481 408 of 481 409 of 481 410 of 481 411 of 481 412 of 481 413 of 481 7. A BIDS AND PURCHASES OVER $100,000 September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:(1) Reject the seven (7) highest bids the City received in EQUESTED CTION BY ITY OMMISSION response to the Invitation to Bidders (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11) ER: Ten (10) bids were received and opened by Procurement Services XPLANATION OF EQUEST on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department and the City’s Design Professional for this project, the Wantman Group, Inc.(WGI) for review and evaluation. After having performed an initial administrative evaluation of the 10 bids received, the Utilities Department is recommending, in accordance with the Instruction To Bidders, Section 25 RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids based on price. The seven (7) bids were received from the following bidders: Bidders Bid Value GlobeTec Construction, LLC $890,025.00 Centerline Utilities, Inc. $983,075.00 TLC Diversified, Inc. $1,073,925.00 Cardinal Contractors, Inc. $1,108,512.00 Murray Logan Construction $1,168,000.00 H. A. Contracting, Corp. $1,207,672.00 Lanzo Construction, Co. $1,212,825.00 414 of 481 A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders as follows: Bidders Bid Value Hinterland Group, Inc. $784,738.00 Wharton-Smith, Inc. $812,000.00 Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and $65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty Engineering, Inc. with a bid value of $877,725.00. The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is $1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project. In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders, the City has received the Bid Evaluation – Due Diligence review documentation and recommendation of award from the Wantman Group, Inc. As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc. appears to be a “very good contractor”. However during the due diligence review of their previous experience in performance of similar projects, the Wantman Group learned that the bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the full scope construction of a large, deep and technologically advanced regional or sub-master lift station. Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation of the Wantman Group, Inc. recommendation of award package, the Utilities Department concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith, Inc. as the lowest, most responsive, responsible bidder who meets all contract document requirements and whose bid represents the most advantageous bid to the City, price and other factors considered. H? The project’s scope consists of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary TH sewer gravity line on SE 6 Avenue, to collect and to pump the wastewater to the South Central Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines constructed in 2010 and 2011. FI: Funds are available as follows: ISCAL MPACT Account Number Project Number Allocation 404-5000-590-96-03 SWR114 100% 415 of 481 A: None, the Regional Lift Station at Pence Park represents the third and final LTERNATIVES component of the Regional Force Main project. The first component of this project was the Jack and Bore installations under I-95, Woolbright Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project component was completed in December 2010. The second component of this project was the Open Cut installation of over 20,000 linear feet of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main pipeline system. This pipeline work stretched from the South Central Regional Wastewater Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut Regional Force Main project pipeline component is nearing its Substantial Completion date of August 9, 2011. 416 of 481 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Recommend approval of negotiated settlement of $9,000 EQUESTED CTION BY ITY OMMISSION in Toby and Lorraine Rubin v. City of Boynton Beach ER: XPLANATION OF EQUEST Defense Counsel: Michael Burke, Johnson Anselmo Murdoch Burke Piper Hochman Plaintiff Counsel: Jason P. Dollard Incident: On October 21, 2009, the plaintiff’s home became flooded with fecal matter throughout children’s bathroom and master bedroom. City Utilities workers responded and called in outside cleaning crew. City’s outside adjuster responded and determined damages. Plaintiff sought outside resources for evaluation and remediation. Plaintiff demand was made of $22,500. H? Recommendations for settlements of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement of $9,000 will be charged to the Risk Management budget expense ISCAL MPACT line item 522-1710-519-49.20, Self-Insured Losses, for General Liability Third Party Claims. A: Failure to approve settlement will result in claim being litigated. Value of this LTERNATIVES case at trial is estimated at $40,000. Defense trial legal costs are estimated at $15,000. Claimprp/RubinT&L02.doc 417 of 481 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori Laverriere Interim City Manager FROM: Charles J. Magazine Risk Manager DATE: August 12, 2011 SUBJECT: Toby & Lorraine Rubin v. City of Boynton Beach Date of Loss: October 21, 2009 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES: Indemnity: $ 25,000 Expenses: $ 10,000 Demand: Original: $ 22,500 Final: $ 12,500 Offer: Original: $ 6,000 Final: $ 9,000 SETTLEMENT$ 7,500 : X This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in NOTE: any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $ 9,468 IF NOT SETTLED Projected Legal Fees: $ 15,000 Projected Jury Verdict: $ 40,000 JUDGEMENT$ - : __ Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE : On October 21, 2009, the plaintiff’s home became flooded with fecal matter throughout children’s bathroom and master bedroom. City Utilities workers responded and called in outside cleaning crew. City’s outside adjuster responded and determined damages. Plaintiff sought outside resources for evaluation and remediation. Plaintiff demand was made of $22,500. Claimsprp/RubinT&L03.doc 418 of 481 419 of 481 420 of 481 9. A PUBLIC HEARING September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 new site plan for the construction of a 12,204 EQUESTED CTION BY ITY OMMISSION square foot office building on a 1.41-acre parcel in the PID zoning district. Applicant: Literacy Coalition of Palm Beach County ER: XPLANATION OF EQUEST Mr. Kenneth R. Carlson, agent for the Literacy Coalition of Palm Beach County, proposes a 12,204 square foot office building as the local headquarters for this not-for-profit organization. The subject property is vacant, fronts on Quantum Boulevard (Quantum Park Lot 16), and is zoned Planned Industrial Development (PID) with an Office/Industrial (OI) land use option. An office building is a permitted use. According to the organization, their mission is to improve the quality of life by promoting and achieving literacy, to ensure that every child and adult in the County becomes a reader. Staff understands the project would be completed within one (1) phase with a build-out date planned for late 2012. It is anticipated that a total of 89 people would be employed with the possibility of increasing staff within the first five (5) years of operation. Staff also understands the breakdown of employees would be as follows: 40 AmeriCorps members who would provide weekly training on a specified day and attend meetings; 17 full-time (14 of which work in the office all or most of the day); and the remaining 32 would work part-time (5 in the office, 27 in the field). The applicant intends for this development to be a green project, and is currently considering the requirements for both the City’s Green Building Program and LEED certification (U.S. Green Building Council). It should be noted that staff and the applicant have had numerous meetings and communications regarding the sustainable attributes of the project, and staff anticipates the project would satisfactorily meet the necessary prerequisite standards and achieve the minimum necessary 421 of 481 electives (if not more) of the International Green Construction Code (IGCC) and / or achieve a LEED Silver rating. With respect to non-profit business activity and economic development, it’s important to note that the subject project complies with the City’s zoning regulations, and therefore, can only be reviewed against the development standards as adopted in the LDR. However, it should also be noted that the City’s pending economic development program will propose to initiate the examination of the zoning map and LDRs for opportunities to maximize the value of development promoted within the City. Furthermore, the program will recommend the establishment of review criteria intended to, in part, identify the costs and benefits to be considered when reviewing certain applications involving non-profit uses. Although the most easily identifiable fiscal benefits of the subject project are basic annual revenues, the community-wide benefits are significant, as demonstrated by the following facts taken from their 2009- 2010 Annual Report that describes their contribution to local reading programs (provided below for informational purposes only):  1,795 Literacy Hotline calls received  1,406 adults connected to literacy programs  80% of children exhibited advancement in early literacy skills  86% of adults tested displayed learning gains in literacy skills  14,002 books distributed to after-school program sites and children  6,040 books distributed for children to start home libraries  Greater than 1,900 home visits conducted and  49,419 new books distributed to pediatric clinics serving 24,709 children The Planning & Development Board reviewed this item on August 23, 2011 and forwards it with a recommendation for approval. As for the unique review schedule (the item is being forwarded to the Commission for the next available meeting following the Board hearing rather than skipping a Commission meeting) in order to assist the applicant with making up lost time caused by the lack of timely project advertising (the item was originally scheduled to be heard in August th 16). H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT  Ad valorem taxes: N/A (not-for profit organization)  Business License: N/A (not-for-profit)  Fire Assessment: $1,953 (at a current $0.16 per sq ft)  Fire Inspection Fee: $138  Water, sewer and stormwater fees: approximately $2,076  Employment impact: (see above) Total annual (recurring) taxes and fees: $4,167 The refuse collection fee is difficult to assess at this time. A tentative staff estimate is $178 per month ($2,136 annually), but actual fee could differ significantly. As already determined, the necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in the operating costs has not been estimated as it is deemed to be negligible. A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES 422 of 481 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-027 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner II DATE: August 10, 2011 PROJECT: Quantum Park Lot 16 (Literacy Coalition of PBC / NWSP 11-003) REQUEST: New Site Plan approval to construct an office building on a 1.41- acre parcel in the PID zoning district. ___________________________ PROJECT DESCRIPTION Property Owner: Quantum Corporate Center, LLLP Applicant: Literacy Coalition of Palm Beach County Agent: Kenneth R. Carlson Location: Quantum Park Lot 16 (see Exhibit “A” – Site Location Map) Existing Land Use/Zoning: Development of Regional Impact (DRI) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change proposed Proposed Use: Office Acreage: 1.41 acres (61,482 square feet) Adjacent Uses: North: Existing light industrial building with multiple tenants, classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PID), with an Office Industrial (OI) Quantum Park PID land use option; 423 of 481 South: Undeveloped land, classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PID), with a Mixed Use (MU) Quantum Park PID land use option; East: Right-of-way for Quantum Boulevard; still father east is existing light industrial building with multiple tenants classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PID), with an Industrial (IND) Quantum Park PID land use option; and West: Undeveloped land Lot 16-A (drainage easement); still farther west is an existing lake (Quantum Park Water Management tract); and still farther west is an existing office building (United Way of Palm Beach) classified Development of Regional Impact (DRI), zoned Planned Industrial Development (PID), with an Office (O) Quantum Park PID land use option; and PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND Site Features: The subject property consists of 1.41 acres with over 181 feet of frontage on Quantum Boulevard. The site is currently undeveloped and contains several mature trees, a drainage easement, and a utility easement. According to the survey, the highest elevation reading is 14.7 feet, located at the western portion of the lot. Proposal: Mr. Ken Carlson, agent for the applicant, is seeking new site plan approval to construct a 12,204 square foot office building (headquarters for the Literacy Coalition of Palm Beach County). According to their website, the organization was started in 1989, and their mission is to improve the quality of life by promoting and achieving literacy. Their goal is to ensure that every child and adult in the County becomes a reader. The organization has direct service programs aimed at serving individuals from infancy through adulthood. The objectives of their programs are as follows: 1) help families in poverty improve reading and English skills; 2) teach adults with low literacy skills in the workplace and in community centers; 3) provide training on literacy strategies for staff members at child care centers, family care homes and after school programs; 4) work with pediatricians to introduce low income families to the importance of reading with their children; 5) provide reading partners who share books weekly with three-year-old children to help them blossom into life-long lovers of books and reading; 6) coordinate a home visiting program that encourages verbal interaction and educational play between parents and their preschool children; 7) coordinate an AmeriCorps program whose members tutor children, youth and adults and serve as high school graduation coaches; and 8) provide professional development workshops for adult education teachers and administrators. 424 of 481 Staff understands the project would be completed within one (1) phase with a build-out date planned for late 2012. It is anticipated that a total of 89 people would be employed with the possibility of increasing staff within the first five (5) years of operation. Staff also understands the breakdown of employees would be as follows: 40 AmeriCorps members who would provide weekly training on a specified day and attend meetings; 17 full-time (14 of which work in the office all or most of the day); and the remaining 32 would work part-time (5 in the office, 27 in the field). The floor plan (sheet A4.0) illustrates the proposed layout of offices, conference and meeting rooms, kitchen, and the book distribution center. All construction will be in conformance with the Florida Building Code. The project has been reviewed and approved by the Quantum Park Architectural Review Committee. The applicant intends for this development to be a green project, and while the City’s review has been underway, the applicant is considering the requirements for both the City’s Green Building Program or LEED certification (U.S. Green Building Council). It should be noted that staff and the applicant have had numerous meetings and communications regarding the sustainable attributes of the project, and staff anticipates the project would satisfactorily meet the necessary prerequisite standards and achieve the minimum necessary electives (if not more) of the International Green Construction Code (IGCC) and / or achieve a LEED Silver rating. ANALYSIS Concurrency: Traffic: A traffic impact statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division approved the traffic analysis on June 22, 2011 and has determined that the proposed project is located within the previously approved Quantum Park DRI and therefore, meets the Traffic Performance Standards of Palm Beach County. The County determined the project would generate a total of 235 new trips per day, 31 net A.M. peak hour trips and 25 net P.M. peak hour trips at project build-out in 2013. School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: Staff has reviewed the site plan and all comments have been addressed. Fire Rescue staff expects to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate 425 of 481 and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: A driveway opening is proposed at the southeast corner of the site along Quantum Boulevard. This driveway would be wide enough to accommodate both vehicular ingress and egress. Safe-sight areas (triangles) are proposed on both sides of the driveway opening to ensure safe traffic movements. Parking: The project proposes a total of 12,204 square feet of gross building area. The site plan depicts parking spaces located east of the proposed office building fronting Quantum Park Boulevard and to the south, abutting Lot 17. According to Part III (LDR), Chapter 4, Article V, the minimum off- street parking requirements for office buildings is based on the following methodology: One (1) parking space per 300 square feet of gross floor area. Normally, this methodology is sufficient to determine the minimum number of required parking for office buildings. However, the floor plan for this project proposes an atypically large meeting room, representing more than 15% of the floor area, and staff understands that the Literacy Coalition operation would include hosting frequent meetings to include numerous individuals involved in training exercises, fundraising and general business, and programming. This intensity of activity, which is greater than that of a typical office use, is reflected by the more intense parking ratio of one (1) parking space per 100 square feet of gross floor area. Because of the frequency of such meetings, staff has determined that both methodologies shall be utilized. When the ratios are combined, this office would require more off-street parking spaces than a standard office building. Therefore, based on the proposed floor plan (and respective parking methodologies), the project would require a total of 54 parking spaces. The site plan shows that 57 spaces are provided, including three (3) handicap accessible spaces. The 90-degree parking stalls, excluding the handicap space, would be dimensioned nine and one-half (9 ½) feet in width and 18 and one-half (18 ½) feet in length and include continuous curbing. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and permanent markings will be provided to clearly delineate areas on site and direction of circulation. It was the applicant’s intent to place the parking in front of the building “in a fashion as to create a round-about that circulates around a lovely landscape feature with benches encouraging outside gathering.” Landscaping: The site plan tabular data indicates that 34.65% of the subject property would be pervious, consisting of landscaped and open space areas. Several existing trees will be either relocated on-site or removed and mitigated. As indicated in the plant list of the landscape plan, the project proposes seven (7) different types of trees and 21 types of shrubs / groundcover. Almost 70% of the plant material would be native to Florida, and pursuant to city standards, all have been selected that have “low” or 426 of 481 “medium” watering needs as recognized by the South Florida Water Management District (SFWMD) Waterwise manual. The foundation planting area proposed east of the building would be three (3) feet – four (4) inches in width, approximately two (2) feet deficient per the minimum standard. At the time of permitting, the applicant agrees to revise the plans to expand this area to five (5) feet wide and include trees that are at least one-half (1/2) the height of the building in accordance with Part III (LDR), Chapter 4, Article II, Section 6.B (see Exhibit “C” – Conditions of Approval). Staff understands that it will be the applicant’s intent to install 16-foot tall Alexander palm trees when the plans are revised at permitting. Building and Site: The proposed project is designed as a one (1)-story building, configured like a square, and comprised of offices, book distribution areas, and meeting rooms. As depicted on all plans, the building would comply with all setbacks required in the PID. According to the applicant, the building location was strategically placed on the site to maximize the occupant’s view of the lake while encouraging the connectivity of the building to the Quantum Park Exercise Path. The main building entrances, which would face east toward the off-street parking lot adjacent to Quantum Boulevard, consist of a loading area and handicap accessible entries. A main pedestrian walkway would connect the existing sidewalk located along Quantum Boulevard, through the parking lot, to a front door proposed at the southeast corner of the building. To encourage alternative transportation, the project would provide covered bicycle racks both inside and outside the building. A butterfly garden area is proposed on the north side of the building within the 20-foot side interior setback. It has been designed to accomplish the following: 1) Provide a combination of adult nectar sources; 2) Incorporate native materials; 3) Provide consistent host plant materials throughout the different growing seasons; 4) Provide different flower colors, and shapes through-out the growing season; and 5) Provide different micro-climates (sun & shade areas) in the area. The tree materials (Live Oak, Dahoon Holly & Wax Myrtle) selected for this area would provide for the different micro-climates, while the shrub species would serve as food sources and act as “host” plants. The project’s water retention area is proposed along the west property line within the 30-foot rear setback. The engineering plan (sheet C-2.0) illustrates that stormwater would drain west to the rear of the building without the use of exfiltration trenches. The passive design is advantageous to the applicant because it reduces their initial and on-going (maintenance) costs. Building Height: The one-story building elevation (sheet A5.0) indicates the highest point of the roof would be 31 feet – six (6) inches. The peak of the roof at the main entrance would be 30 feet – six (6) inches. However, most of the roofline would be dimensioned at 19 feet – six (6) inches. The proposed building heights are well below the maximum height of 45 feet allowed in 427 of 481 the PID. This variation in roof heights not only serves an aesthetic purpose, but also a functional as the project has been designed to allow for natural lighting (or daylighting) into the interior of the building where children are learning and reading. "Daylighting" design is the practice of using windows, skylights, and other means to bring natural light into a building interior with the intention of reducing energy use and creating a high quality indoor environment for learning. Studies in California have shown that students who had access to daylighting generally performed better than those students who did not. Building Design: As illustrated on the elevation drawings, the exterior of the building would be designed with smooth stuccoed wall surfaces, low-pitched barrel-tile roofs, and other Spanish Mediterranean architectural features. The main base color would be a soft crème color (Sherwin Williams “Travertine” - SW 7722) with darker earth-tone accents (Sherwin Williams “Dromedary Camel” –` SW 7694 and Sherwin Williams “Toasty” – SW 6095). Decorative aluminum shutters would extend out over each window on the south façade. These shutters, in addition to the glazing proposed on each window would help to minimize the solar heat gain. All window glazing would appear gray and all wall sconces, railings, canvas canopy, and doors would be green. As previously mentioned, the building interior would have a large meeting room proposed in the core of the facility. All offices, generally ranging from 120 square feet to 150 square feet, are proposed along the perimeter of the interior space. While not shown on the floor plan, staff understands that a majority of the interior of the building would have access to natural light. According to the applicant, the “building design emphasizes natural day lighting and view, thus creating and encouraging the whole learning experience.” The Quantum Park Architectural Review Committee approved the project on June 27, 2011. Site Lighting: The photometric plan (sheet A2.1) proposes a total of nine (9) outdoor freestanding lighting fixtures within the off-street parking area. The project is designed as such that light from the poles would not spill onto adjacent properties or onto Quantum Boulevard. All footcandle levels would comply with the minimum and maximum thresholds as provided for in Part III (LDR), Chapter 4, Article VII. Site Signage: The elevation drawing shows a 75-square foot wall sign is proposed on the east façade above the main entrance, which would comply with the sign code - a maximum of 111 square feet allowed pursuant to Part III (LDR), Chapter 4, Article IV, Section 4.C.1. The site plan and elevation drawings also show the location and design of the proposed monument sign. It would be located near the point of vehicular ingress / egress, but outside the safe-sight triangle. The structure, as proposed, would be five (5) feet in height and 32 square feet, which would comply with code. However, the sign does not comply with the Quantum Park Master Sign Program with respect to the proposed height, style, and materials. Therefore, prior to the issuance of a sign permit, the monument sign would have to be redesigned to comply with 428 of 481 the Program or the Program amended through the submittal and approval of a formal Sign Program application (see Exhibit “C” – Conditions of Approval). Public Art: Prior to the issuance of a certificate of occupancy, the applicant would be responsible for compliance with Ordinance 05-060, the “Art in Public Places” Program (see Exhibit “C” – Conditions of Approval). At this time, no proposal has been made with respect to compliance with the Program. The applicant has not yet determined if they would provide art, eco-art, or a combination thereof. RECOMMENDATION Staff has reviewed this request for New Site Plan and recommends approval of the plans presented, subject to satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 16 (Literacy Coalition of PBC)\Staff Report.doc 429 of 481 430 of 481 431 of 481 432 of 481 433 of 481 434 of 481 435 of 481 EXHIBIT “C” Conditions of Approval New Site Plan Project Name: Quantum Lot 16 (Literacy Coalition of Palm Beach County) File number: NWSP 11-003 nd Reference: 2 review plans identified as NWSP 11-003 with a June 21, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 1.On sheet C-2.0, refer to standard comment #24 & #25. Either show an existing fire hydrant on Quantum Boulevard and its location in X relation to the proposed building, or place a new fire hydrant at the northeast corner of the property. 2.On sheet C-2.0, reflect the location of Section F-F on the site plan. X 3.Utility construction details shown on sheets C-3.0, C-5.1, C-5.2 & C- 5.3 will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities X Department’s “Utilities Engineering Design Handbook and Construction Standards” manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: 4.Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that X additional comments may not be generated by the commission and at permit review. 5.At time of permit review, submit signed and sealed working drawings X of the proposed construction. 6.A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy X of the permit shall be submitted at the time of permit application, F.S. 373.216. 436 of 481 DEPARTMENTS INCLUDE REJECT 7.If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development X Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 8.At time of permit review, submit separate surveys of each lot, parcel, X or tract. 9.Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building X Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 10.The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. X a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411-2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561- 734-0872) 11.The training center room shall be separated by a minimum 1 hour fire rated wall if the building is sprinkled and a 2 hour wall if the building X is not sprinkled. PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: None. PLANNING AND ZONING Comments: 12. The Palm Beach County Traffic Division is requiring that building 437 of 481 DEPARTMENTS INCLUDE REJECT permits shall be secured by the applicant prior to “Year Ending 2013.” X 13.The applicant is responsible for compliance with Ordinance 05-060, the “Art in Public Places” program prior to the issuance of a certificate X of occupancy. 14.The site plan (sheet A2.0) tabular data indicates that 58 off-street parking spaces are provided. However, only 57 were provided. At the X time of permitting, the tabular data must be corrected to reflect to the accurate number of provided parking spaces. 15.Pursuant to Part III (LDR), Chapter 4, Article IV, Section 4.A.9, all properties shall be identified with the respective property address. The numbers and / or letters shall consist of characters that are six (6) X inches in height. Revise sheet A5.0 accordingly at the time of permitting. The site address shall be required to be identified on both the building and the monument sign. 16.Any proposed monument sign must be designed in accordance with the adopted sign program for Quantum Park. Prior to the issuance of a sign permit, the monument sign would have to be modified to comply X with the Program or the Program would have to be amended through the submittal and approval of a formal Sign Program application 17.On the landscape plan (sheet L-2), discrepancies exist between the labels and the plant list. For example, the plant list indicates 292 X Dwarf firebrush whereas the labels add up to 342. At the time of permitting, please revise accordingly. 18.At the time of permitting, revise all plans so that the foundation landscaping (proposed east of the building) is at least five (5) feet in width and contains trees that are at least one-half (1/2) the height of X the building, in accordance with Part III (LDR), Chapter 4, Article II, Section 6.B. 19.At the time of permitting, on the landscape plan (sheet L-2), revise the note, “All trees, shrubs, & plants on this site shall conform to the requirements of “Low watering needs” materials as specified in the X South Florida Water Management District’s “Waterwise” publication. Revise it to indicate “low and medium watering needs.” PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 16 (Literacy Coalition of PBC)\COA.doc 438 of 481 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 16 (Literacy Coalition of Palm Beach County) APPLICANT: Literacy Coalition of Palm Beach County th APPLICANT ADDRESS: 551 Southeast 8 Street, Suite 505, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6, 2011 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval to construct a one-story, 12,204 square foot office building on a 1.41 acre parcel located at Quantum Park Lot 16. LOCATION OF PROPERTY: Quantum Park Lot 16 DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X__ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ ______________________________________ City Clerk 439 of 481 S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 16 (Literacy Coalition of PBC)\DO.doc 440 of 481 10. A CITY MANAGER’S REPORT September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Per the request of Mayor Rodriguez, discuss alternatives EQUESTED CTION BY ITY OMMISSION to the City's current solid waste collection services - TABLED ON 08/16/11 T8/16/11–/ ABLED ON TO ALLLOW STAFF TIME TO PROVIDE A FINANCIAL REVIEWANALYSIS OF THE .:1) SOLID WASTE FUND THERE ARE TWO DOCUMENTS ATTACHED WORKSHEET PROJECTIONS OF ;2). FUTURE FUND BALANCE SUMMARY OF REVENUES VS EXPENSES OF SOLID WASTE FUND FOR FY 08/09,9/1010/11 AND CURRENT BUDGET ER: Staff has identified the following options for the City Commission’s XPLANATION OF EQUEST discussion and consideration: 1. Please see attached letter regarding Waste Management’s proposal to take over the city’s solid waste collection services. 2. Direct staff to conduct all necessary analyses and develop a bid for solid waste collection services that will meet the City’s fiscal and level of service needs. 3. Explore the possibility of a piggy-back contract for solid waste collection services from another similar local government entity, assuming that the piggy-back offers service levels consistent with current City solid waste programs. 4. Allow the Financial Advisory Committee to evaluate the potential to utilize private solid waste collection services for fiscal year 2012/13, as discussed at the July 2011 Budget Workshop. 5. Maintain existing services without further review. 441 of 481 H? . To be determined OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: To be determined. ISCAL MPACT A: Options 1-5 listed above. LTERNATIVES 442 of 481 443 of 481 444 of 481 445 of 481 11. A UNFINISHED BUSINESS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 recommendation from the "review committee" EQUESTED CTION BY ITY OMMISSION to rename the Boynton Beach Child Care Center building in honor of Lena Rahming ER: At the June 6, 2011 meeting, the City Commission received a XPLANATION OF EQUEST recommendation from the “review committee” to rename the Boynton Beach Child Care Center building in honor of Lena Rahming. The “review committee” was appointed by Commission as part of the process to consider naming and/or renaming City facilities. However, there was ambiguity and discussion regarding Lena Rahming’s legal name. Consequently, the Commission requested staff to confirm Lena’s legal name. At the June 21, 2011 City Commission meeting staff presented the Commission with three documents provided by the family to attest that the legal name of the proposed honoree is Lena Rahming. The Commission was informed at that meeting that there was litigation pending regarding Lena Rahming’s estate and that her legal name was in question. Staff was directed to wait until the litigation was resolved. On August 16, 2011, Commissioner Hay requested that staff place this item on the September 6, 2011 City Commission meeting agenda for further discussion. H? No affect on programs or services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: A new sign will cost approximately $2,000-$3,000 ISCAL MPACT A: Not to rename the Boynton Beach Child Care Center. LTERNATIVES 446 of 481 447 of 481 448 of 481 449 of 481 13. A LEGAL September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. 11-021 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations, Chapter 3, Article V, Section 9 "Sidewalk Café" relative to locational and operational characteristics. Applicant: City-initiated ER:Staff is recommending a series of amendments to the existing XPLANATION OF EQUEST Sidewalk Café regulations in the Land Development Regulations (LDR). With the application submitted by Ms. Kim Kelly for Hurricane Alley, Planning & Zoning staff worked closely with Engineering and CRA staff and determined that certain revisions should be considered to provide greater encouragement for businesses to provide outdoor dining and to maximize their compliance with City standards, including location, perimeter, signage and licensing changes. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not approve Sidewalk Café amendments on first reading. LTERNATIVES 450 of 481 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 V, SECTION 9, SIDEWALK CAFÉS TO CLARIFY RESTRICTIONS ON LOCATION OF CHAIRS, TABLES, AND OTHER CAFÉ COMPONENTS; TO ALLOW FOR PEDESTRIAN PATHWAYS; TO ALLOW FOR SIGNAGE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing a series of amendments to the existing Sidewalk Café regulations of the Land Development Regulations (LDR) to provide greater encouragement for businesses to provide outdoor dining and to maximize compliance with City standards including location, perimeter, signage and licensing changes; 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 sidewalk Café regulations of the Land Development Regulations to provide greater encouragement for businesses to provide outdoor dining and to maximize compliance with City standards including location, perimeter, signage and licensing changes. 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 V, Section 9, Sidewalk Cafés of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type and deleting language in strikeout, as follows: Sec. 9. Sidewalk Cafés. Definitions. A. See Chapter 1, Article II for the definition pertaining to sidewalk cafés. 451 of 481 Approval Required. B. It shall be unlawful for any person to operate a sidewalk café on any sidewalk or public right-of-way within the city without obtaining approval in accordance with Chapter 2, Article II, Section 6.E. Applicability. C. A sidewalk café may be allowed, subject to review and approval as outlined herein, on an abutting public sidewalk (right-of-way) and as an accessory use to a legally operating restaurant or nightclub establishment, provided that such establishment is located within the boundaries of the Community Redevelopment Agency (CRA) area. A sidewalk café shall be subject to any additional limitations or restrictions of the zoning district for which it is located. A sidewalk café is prohibited outside the boundaries of the CRA. Regulations. D. 1. Private Sidewalk. Chairs, tables and related sidewalk café components shall be restricted to Deleted: Sidewalk cafés the sidewalk frontage of the building where the validly licensed restaurant or nightclub is located, unless written authorization is provided by the owner of the adjacent property and submitted with the application for sidewalk café approval. 2. Accessibility. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire-hydrant. a. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for through pedestrian traffic. However, a minimum width of five (5) feet shall be maintained between the seats where the pedestrian path bisects the proposed seating arrangement. b. In areas of congested pedestrian activity, the city may require a wider pedestrian path, as circumstances dictate. 3. Perimeter. No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs unless placed in a manner so as not to discourage the use of the pedestrian path of Deleted: that would have the effect of forming a physical or visual barrier the sidewalk. discoursing the use of the pedestrian path of the sidewalk 4. Safety. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the sidewalk café shall be of quality design, materials, size, elevation, and workmanship, both to ensure the safety and convenience of users. 452 of 481 Awnings, umbrellas, and other decorative material shall be fire-retardant, pressure treated or manufactured, or fire resistant material. The city may require relocation of tables, chairs, and other objects at any time for safety or pedestrian flow consideration. 5. Design. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part of the sidewalk café shall meet the following minimum design standards: a. Contribute to the aesthetic appearance of the area where the sidewalk café is proposed by promoting the design and color theme applicable to that area; b. Contribute to the efforts of community identity and redevelopment; c. Not constitute or create traffic or pedestrian hazards; and d. Respect community standards relative to decency and obscenity. 6. Outstanding Debt. Prior to forwarding the application to the CRA Board, the CRA Director or designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the city by the current or past owners or operators of the property requesting a sidewalk café approval. Final approval of a sidewalk café shall not commence until all outstanding debts to the city are paid in full. 7. Menu Board. The proposed location and design of the menu sign shall be considered a part Deleted: One (1) menu board only shall be permitted and limited to a maximum of the review for a sidewalk café application, and be subject to any applicable standards of the Sign of four (4) square feet. The proposed Code. location of the menu sign shall be considered a part of the review for a sidewalk café application. The menu 8. Conditions for all Approvals. The following conditions shall apply to all sidewalk cafés: board shall not be an A-Frame sign. Deleted: ¶ a. The city and its officers and employees shall not be responsible for sidewalk café components relocated during emergencies. b. The approval shall be specifically limited to the area shown on the "exhibit" attached to and made a part of the permit. The city shall have the right to remove without notice, any tables, chairs or other objects not in the permit area. c. The operator shall act to assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free unobstructed passage. The city may require relocation of tables, chairs and other objects at any time for safety or pedestrian flow consideration. 453 of 481 d. Operators holding a business tax receipt limited to take-out food shall not be permitted to provide table service on the sidewalk. This provision shall not include an ice cream shop or coffee bar which is duly licensed for eat-in service. e. Tables, chairs, umbrellas, and any other objects permitted as part of a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at all times. f. The sidewalk area covered by the application and sidewalk and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day. g. Unless otherwise provided herein, no signs associated with the sidewalk café shall be allowed within the public right-of-way. h. No tables, chairs or any other parts of sidewalk cafés shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk within or near the permitted Deleted: No additional outdoor seating authorized herein shall be used for area. . calculating seating requirements pertaining to location of, applications for, or issuance of liquor license for any i. The area between the exterior walls of a restaurant or a nightclub and the edge of establishment use area and/or seating sidewalk shall be designated as public space. The placement of tables and chairs in this public space capacity realized through the sidewalk café use and contiguous outdoor dining shall not constitute a building improvement which otherwise triggers structural improvements to the shall not invoke provisions of the zoning operating business under the provisions of the Florida Building Code (FBC) or any state statute. In the code as they pertain to parking or other matters, with the exception of capital event an operator of a restaurant or a nightclub creates a sidewalk café pursuant to the terms of this facilities fees which will be assessed per section and such creation entails actual structural improvements to any portion of the structure other seating than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the FBC or state statutes necessitating improvements to the property shall apply. j. No food preparation; fire; fire apparatus; or drink preparation or dispensing equipment shall be allowed on the public sidewalk, other than that employed in the course of ordinary tableside service, including but not limited to menu items which require table preparation, whether or not such area is covered by the approval. k. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the operator shall forthwith remove and place indoors all tables, chairs, awnings and other equipment located on the sidewalk. … 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. 454 of 481 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 ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 455 of 481 PLANNING AND ZONING MEMORANDUM TO: Vivian Brooks, CRA Director THROUGH: Michael Rumpf, Planning & Zoning Director FROM: Ed Breese, Principal Planner DATE: August 2, 2011 SUBJECT: Sidewalk Café Code Amendments Staff is recommending a series of amendments to the existing Sidewalk Café regulations in the Land Development Regulations (LDR). With the application submitted by Ms. Kim Kelly for Hurricane Alley, Planning & Zoning staff worked closely with Engineering and CRA staff and had time to review a large outdoor dining area for the first time, and after close analysis, determined that certain revisions should be considered to provide greater encouragement for businesses to provide outdoor dining and to maximize their compliance with City standards. Staff analyzed the regulations when applying them to the current application and saw areas where the code could be improved, and as such, suggests the code be amended as follows:  Relative to location, the current language reads, “Sidewalk cafes shall be restricted to the sidewalk frontage of the building where the validly licensed restaurant or nightclub is located”. Staff is suggesting the language be modified to encourage outdoor seating similar to active downtowns like Delray Beach, Lake Worth and West Palm Beach, and recommends the regulation read, “Chairs, tables and related sidewalk café components shall be restricted to the sidewalk frontage of the building where the validly licensed restaurant or nightclub is located, unless written authorization is provided by the owner of the adjacent property and submitted with the application for sidewalk café approval”.  Relative to the perimeter, the current language reads, “No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs that would have the effect of forming a physical or visual barrier discoursing the use of the pedestrian path of the sidewalk”. Staff is suggesting the language be modified to read, “No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs unless placed in a manner so as not to discourage the use of the pedestrian path of the sidewalk”. Staff recognizes the benefit of delineating the limits/perimeter of the outdoor seating area, to ensure that the pedestrian path is maintained in an unobstructed manner. Certain openings would be maintained from the public pathway into the outdoor dining area, however the general public would no longer be required walk between closely bunched tables in order to get from point A to point B.  Relative to Menu Board regulations, the current language reads, “One (1) menu board only shall be permitted and limited to a maximum of four (4) square feet. The proposed location of the 456 of 481 menu sign shall be considered a part of the review for a sidewalk café application. The menu board shall not be an “A”- Frame sign”. Staff is suggesting the sign simply be subject to the Sign Code regulations, and therefore be modified to read, “The proposed location and design of the menu sign shall be considered a part of the review for a sidewalk café application, and be subject to any applicable standards of the Sign Code”.  Relative to the liquor license, the current language reads, “No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance of liquor license for any establishment……..”. Staff is suggesting the elimination of this language, as the natural extension of a restaurant or nightclub from inside to officially recognized outdoor seating should not adversely affect any liquor license associated with the business. Based upon the above-noted rationale, staff recommends these amendments to the Sidewalk Café regulations. If there are no objections, staff will prepare the necessary ordinance. 457 of 481 13. B LEGAL September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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. 11-020 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) modify the definitions of certain industrial uses to allow an accessory component to include retails sales, tasting rooms, and facility tours; and 2) to allow such industrial uses within the General Commercial (C-4) zoning district. Applicant: City-initiated ER: Within the last year, staff has received inquiries from two (2) XPLANATION OF EQUEST individuals seeking locations to open microbrewery (craft beer) establishments in the City. Each has inquired about locating on industrial properties, primarily because of lower leasing rates than their commercial counterparts and the probability that existing buildings are designed to better accommodate the proposed use and its associated operations (e.g., the need for large spaces and high ceilings). After conducting research, staff realizes that the microbrewery concept is a burgeoning industry throughout the state, that there is a void in the immediate area, and that the City’s regulations should be amended to accommodate such industry. Staff also learned that the typical business model for these microbreweries is comprised of the following components: 1) beverage production; 2) beverage distribution; and 3) the on-site consumption and retail sales of theirs and similar products. While being supportive of this emerging industry, staff had initial reservations toward allowing the consumption of alcohol on-premises for businesses located in industrial areas, due to concerns the operation would evolve into a brewpub (brewpub, bar, or nightclub – principle uses which are not allowed in the M-1 district). After further analysis however, staff addressed this concern by creating a provision (and definition) for a “tasting room,” which simply described, is a size-restricted area of the establishment where the public is allowed and encouraged to taste samples of the products produced on-site, as well as products from other similar establishments. The proposed regulations also include a restriction on the hours of 458 of 481 operation for tasting rooms within the M-1 district. Staff has learned that the term “tasting room” and such regulations are commonly associated with this industry. Staff has drafted the proposed provisions for tasting rooms and retail sales to also apply to other industrial uses such as those that manufacture food. This was a logical addition to the amendments and would allow for the on-site tasting and accessory retail component at similar uses such as bakeries, confectionaries, or other food manufacturers. Finally, these provisions are proposed to apply to the General Commercial (C-4) zoning district as well as the M-1 district, to expand the siting options for such light industrial uses. Although many breweries have on-site restaurants or full bars, staff proposes more conservative accommodations at this time with the intent to expand the provisions later if supported by the local industry and if our initial experience is positive. Future considerations could include allowing the uses within commercial zoning districts to allow the commercial component to be a full accessory restaurant or restaurant/bar. Please see the accompanying staff report for the specific wording to be added to the Land Development Regulations to codify this proposed amendment. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 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 459 of 481 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1, ARTICLE II, “DEFINITIONS”, TO ALLOW AN ACCESSORY COMPONENT TO INCLUDE RETAIL SALES, TASTING ROOMS AND FACILITY TOURS; AMENDING CHAPTER 3, ARTICLE IV, USE PROVISIONS, TO ALLOW SUCH INDUSTRIAL USES WITHIN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to add operational flexibility to certain industrial uses and to restrict the size of tasting rooms where such establishments are located within the C-4 and M-1 zoning districts; 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 an accessory component to include retail sales, tasting rooms and facility tours and to allow such industrial uses within the General Commercial (C-4) zoning district. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Definitions of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Definitions Part III (LDR), Chapter 1, Article II . BAKERY, COMMERCIAL – An establishment primarily engaged in the manufacturing of bread and other bakery products. BEVERAGE MFG – An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of beverage products, including ice and alcoholic beverages. This industrial use may include a subordinate commercial component (i.e. tasting room, retail and facility tours) that is open to the public. Deleted: one or more of the following: (1) manufacturing soft drinks, tea, and coffee; (2) manufacturing ice; and (3) purifying and bottling water. Distilling and/or brewing is prohibited 460 of 481 DAIRY PRODUCTS MFG – An establishment that manufactures dairy products from raw milk, processed milk, and dairy substitutes. This industrial use may include a subordinate commercial component (i.e. tasting room, retail and facility tours) that is open to the public. FOOD PROCESSING – An establishment primarily engaged in processing canned, pickled, and dried fruits, vegetables, specialty foods, snacks, confections, and spices. This industrial use may include a subordinate commercial component (i.e. tasting room, retail and facility tours) that is open to the public. FROZEN FOOD – An establishment primarily engaged in processing and freezing fruit, juices, vegetables, and specialty foods, such as dinners, entrees, and side dishes; pizza; whipped toppings; and waffles, pancakes, and french toast. This industrial use may include a subordinate commercial component (i.e. tasting room, retail and facility tours) that is open to the public. ICE CREAM & FROZEN DESSERT – An establishment primarily engaged in the manufacturing frozen desert products such as ice cream, yogurts, ices, sherbets, and other desserts (except bakery products). This industrial use may include a subordinate commercial component (i.e. tasting room, retail and facility tours) that is open to the public. TASTING ROOM – Commercial floor area of a food or beverage manufacturing establishment where the public is allowed and encouraged to purchase, taste, and / or consume the products produced on or off-site. The zoning regulations may contain conditions applicable to tasting rooms with respect to location, size, hours of operation, and the like, in order to maintain the ancillary relationship with the principal use and compatibility with surrounding properties and zoning district. Section 3. Chapter 3, Article IV, Use Provisions of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Use Provisions Part III (LDR), Chapter 3, Article IV . Use C-4 district M-1 district Notes Bakery, C* P* 4 Commercial Beverage C* P* 4 MFG Dairy C* P* 4 Products Mfg Food C* P* 4 Processing Frozen Food C* P* 4 Ice Cream & C* P* 4 461 of 481 Frozen Dessert 4. General Note. a. C-4 district . If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room and retail showroom) to the operation. The size of the tasting room / retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. b. M-1 district. (1) These establishments may include an accessory commercial component (i.e., tasting room and retail showroom). If located on an arterial roadway, a commercial component shall be required. The tasting room, retail showroom, and facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. Additionally, the size of the tasting area shall not exceed the following: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) The establishment is ineligible for a live entertainment permit. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2011. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 462 of 481 ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 463 of 481 464 of 481 465 of 481 466 of 481 467 of 481 468 of 481 469 of 481 13. C LEGAL September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Authorization to make Offer of Judgment in the Boynton EQUESTED CTION BY ITY OMMISSION Beach Mausoleum vs. City of Boynton Beach - Palm Beach County Circuit Court Case No. 502008CA030196XXXXMB(AB) ER: In furtherance of discussions with the City Commission regarding XPLANATION OF EQUEST possible settlement of this case, Commission approval of the attached Offer of Judgment is requested. The effect of a formal Offer of Judgment may enhance the City’s recovery of attorney fees on conclusion of the case if the offer is rejected. H? The settlement offer, if accepted, will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES conclude the litigation prior to trial. FI: The expenditure of $100,000 is not budgeted and will require an ISCAL MPACT appropriation of $100,000 from the Cemetery Perpetual Care Fund and expended from the Mausoleum Account No. 632-3110-539-31-11 (Litigation Fees and Costs). A: Not authorize the offer of judgment or authorize a modified offer of judgment. LTERNATIVES 470 of 481 471 of 481 472 of 481 473 of 481 14. A FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Review Draft of Old High School RFP - 9/20/11 EQUESTED CTION BY ITY OMMISSION ER: Draft will present a draft of the RFP to the Commission for review XPLANATION OF EQUEST and approval. If approved staff anticipates advertising the RFP within one-two weeks thereafter. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 474 of 481 14. B FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 - 10/04/11 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 475 of 481 14. C FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 the City’s lobbying registration ordinance - EQUESTED CTION BY ITY OMMISSION 10/4/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 476 of 481 14. D FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 - 10/04/11 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. The appraisals are now complete and will be provided in the staff update. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 477 of 481 14. E FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - 10/18/11 ER: Development staff will provide draft ordinance revisions for XPLANATION OF EQUEST consideration by the City Commission regarding restrictions for vehicle size in residential districts. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 478 of 481 14. F FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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:Draft Economic Development Plan for the City of Boynton EQUESTED CTION BY ITY OMMISSION Beach - 10/18/11 ER: Pursuant to a discussion at its meeting of June 7, 2011, the City XPLANATION OF EQUEST Commission requested that staff provide information on the tools that should be used and the funds that should be budgeted to create a plan for economic growth in the City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 479 of 481 14. G FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Report from Branding Committee - 10/18/11 EQUESTED CTION BY ITY OMMISSION ER: As the City begins it’s Economic Development planning and XPLANATION OF EQUEST initiatives, serious consideration should be given to the City’s image as well. In order for the City of Boynton Beach to become a destination location, it needs to have an identifiable presence connecting to our amenities. As a result of the recommendation from the Arts Commission, a Branding Committee comprised of City staff and members of the CRA and Chamber of Commerce has been working together to capture that image and receive feedback from our stakeholders. The accumulation of that effort will be presented in a Branding Report to the City Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 480 of 481 14. H FUTURE AGENDA ITEMS September 6, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 6, 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 481 of 481