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Agenda 11-01-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, NOVEMBER 1, 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 256 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of Sunday Funday on Sunday, November 13, 2011 B. Announcement of the Downtown Open Market on Sunday, November 20, 2011 C. The City Commission will make annual advisory board appointments on December 6, 2011 to fill vacancies and expired terms on all boards except the Pension Boards, Golf Course Advisory Committee, Financial Advisory Committee and Historic Resources Preservation Board. Applications are available on the City's website or through the City Clerk's Office. D. Presentation of Citation to Mr. Tom Kaiser for his dedication and service to the Veterans and Citizens of Boynton Beach. 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 Leah Foertsch, a regular member of the Planning and Development Board 3 of 256 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. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the twelve (12) month period ended September 30, 2011. PROPOSED RESOLUTION NO. R11-116 B. - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. PROPOSED RESOLUTION NO. R11-117 C. - Approve piggyback of Charlotte County Bid No. 2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid polyphosphate at the estimated annual expenditure of $50,000 PROPOSED RESOLUTION NO. R11-118 D. - Approve “piggyback” of the City of Pompano’s Bid H-12-11 with Nalco Company with the same terms, conditions, specifications and pricing for the purchase of anti-scalant (PC-1850T) and control its dosage for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $50,000 PROPOSED RESOLUTION NO. R11-119 E. - Approve an agreement with Florida Atlantic University Board of Trustees for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach, RFP #052-2410-11/CJD in the amount of $27,000 PROPOSED RESOLUTION NO. R11-120 F. - (1) Approve the Agreement between the City of Boynton Beach and Dale Carlson Marketing & Communications Services in the amount of $9,750 to facilitate the development of a Brand Promise for the City of Boynton Beach and (2) authorize the Interim City Manager to execute the Agreement. G. Approve payment to IBI Group, Inc. in the amount of $26,831 for Bid Assistance and Construction Services H. Approve the minutes from the City Commission regular meeting held on October 18, 2011 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid with the Palm Beach County Co-operative Purchasing Council for Chemicals and Fertilizers to various vendors listed below, as the lowest, most responsive, and responsible bidders to meet all specifications. The anticipated annual expenditure is $108,181.00. The City of Delray Beach complied with Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. 4 of 256 B. Approve changes of the Annual Bid for Landscape Maintenance, original Bid#054- 2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Loc al Planning Agency and City Commission. None 10. CITY MANAGER’S REPORT A. Discuss the report on the Utilities Capital Improvement Program (CIP) funding. B. Information regarding the police department's hiring and training policies provided at the request of Mayor Rodriguez. No action required. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 11-030 - FIRST READING A. - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners PROPOSED RESOLUTION NO. R11-121 B. - Confirm via resolution single community redevelopment area operational boundaries for transmission to Palm Beach County Property Appraiser. 14. FUTURE AGENDA ITEMS A. Review three (3) alternate proposals for leasing, construction and maintenance of a billboard on property owned by the City - 11/15/11 B. Review process and timeline for the sale of City owned real property - three sites - 11/15/11 C. Commission appointed five-member review committee recommendation on the renaming of Veterans' Bicentennial Park. 12/6/11 5 of 256 D. Revisions to restrictions for vehicle size in residential districts - 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 256 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of Sunday Funday on Sunday, November EQUESTED CTION BY ITY OMMISSION 13, 2011 ER: Sunday, November 13, 2011 On , the Boynton Beach CRA will present XPLANATION OF EQUEST the second in the series of Sunday Funday’s at the Boynton Harbor Marina. The theme of the November “Pilgrims & Indians” event is and will include a petting zoo, crafts and face painting. This FREE event will take place from 1:00 to 4:00 PM. Adults can enjoy live music and food and drinks PM provided by Two Georges Waterfront Grille. There is ample parking onsite and at the NE corner of N. Federal Hwy. and Ocean Avenue. No pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in CRA line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 7 of 256 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the Downtown Open Market on EQUESTED CTION BY ITY OMMISSION Sunday, November 20, 2011 ER: Sunday, November 20, 2011 On , the Boynton Beach CRA will present XPLANATION OF EQUEST the first in the series of Downtown Open Market’s at the Civic Center and the surrounding outdoor area. This FREE event will take place from 11:00PM to 6:00PM. and features handmade indie crafts, vintage goods, art and specialty pet items. To add a little more excitement, Gourmet Food Trucks will be on-site providing the food and drinks. There is ample FREE parking onsite. No pets or outside food or beverage. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 8 of 256 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: The City Commission will make annual advisory board EQUESTED CTION BY ITY OMMISSION appointments on December 6, 2011 to fill vacancies and expired terms on all boards except the Pension Boards, Golf Course Advisory Committee, Financial Advisory Committee and Historic Resources Preservation Board. Applications are available on the City's website or through the City Clerk's Office. ER: Most of the Advisory Boards are created with staggering terms so XPLANATION OF EQUEST that each year the terms of a few board seats expire to avoid replacing an entire board at one time. The annual appointment of these positions is scheduled by Ordinance to be done in December of each year. All current board members with terms ending have been notified and sent an application to seek re-appointment. The expiring board seats and any vacancies that exist will be included in the rotation list and each vacant seat assigned to a Commission member for an appointment. The announcement is necessary to advise the public and board members that the positions on each board are available. H? Assist in filling the advisory board. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None. LTERNATIVES 9 of 256 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of Citation to Mr. Tom Kaiser for his EQUESTED CTION BY ITY OMMISSION dedication and service to the Veterans and Citizens of Boynton Beach. ER: Present Citation to recognize Mr. Tom Kaiser for his community XPLANATION OF EQUEST service in the capacity of Chairperson of the City of Boynton Beach Veterans’ Advisory Commission, for his military service as a U.S. Navy World War II veteran of the Pacific Theater and a long time member of the American Legion, Veterans of Foreign Wars and the Boynton Veterans’ Council. And for his role as Liaison between the French Consul General and local World War II combat veterans in France. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not present Citation. LTERNATIVES 10 of 256 C I T A T I O N Boynton Beach is fortunate to have many citizens who take an active role in their community and who are committed to improving the quality of life for everyone who lives, works and plays here. These people offer their time and talent with no expectation of reward other than the satisfaction of knowing that they have made a valuable contribution to society. One such person is Thomas Kaiser. The late President John F. Kennedy once said, “I can imagine no more rewarding a career. And any man who may be asked in this century what he did to make his life worthwhile, I think can respond with a good deal of pride and satisfaction: ‘I served in the United States Navy.’” Thomas Kaiser is a U.S. Navy World War II veteran of the Pacific Theater and a long time member of the American Legion, Veterans of Foreign Wars and the Boynton Veterans’ Council. He has been instrumental in developing the Veterans’ Memorial at Bicentennial Park with one Veterans’ memorial, 15 Veterans’ monuments and 8 Veterans’ memorial benches. He also developed the Memorial Brick Walkway at the Park and continues to sell bricks for the project. In his capacity as the Chairperson of the City of Boynton Beach Veterans’ Advisory Commission since 2005, Mr. Kaiser has worked to include local Boy Scout Troops in Veterans’ programs and activities and arranges and conducts tours of memorials and monuments at Veterans’ Bicentennial Park for other student groups. He coordinates and leads holiday and special event programs for the local veterans. Mr. Kaiser serves as the Liaison between the French Consul General and local World War II combat veterans in France, in applying for and receiving 200 French Legion of Honor Medals. He was personally awarded the French Legion of Honor Medal for his work in obtaining the Legion of Honor Medal for local World War II combat veterans in France. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Citation THOMAS KAISER for his dedication and service to the Veterans and Citizens of Boynton Beach. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 22nd day of October, Two Thousand Eleven. __________________________________ Jose Rodriguez, Mayor ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 11 of 256 5. A ADMINISTRATIVE November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 12 of 256 13 of 256 14 of 256 5. B ADMINISTRATIVE November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Leah Foertsch, a regular EQUESTED CTION BY ITY OMMISSION member of the Planning and Development Board ER: Leah Foertsch has submitted an email resigning as a regular XPLANATION OF EQUEST member of the Planning and Development Board because she has moved from the area. H? The Planning and Development Board will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 15 of 256 16 of 256 6. A CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2010 -11 Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Fund Revenues & Expenditures for the twelve (12) month period ended September 30, 2011. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the twelve (12) month period ended September 30, 2011 (100% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what provides and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility Fund ISCAL MPACT follow. GENERAL FUND 17 of 256 FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 68,958101%$ 70,517$ 71,644 102%-3%-4% Expenditures$ (68,551)$ (67,954)99%$ (70,517)$ (70,492)100%-3%-4% Excess (Deficit)$ -$ 1,004$ -$ 1,152 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 twelve months in FY 2011, revenues and transfers realized are $ 68.9 M or 101% of the budget estimate compared to 102% realized to date in FY 2010. Property Taxes: To date, as noted on Exhibit A, net property taxes actually received are $21.9 M (99% of the annual estimate) for FY 2011. While, this was $25.8 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 varies by 1%, currently 99% and 100% in the fiscal prior year. Realization of the remaining balance of $253,615 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% actual collected), State shared revenues (above target at 102% collected), and Public Safety revenues (ahead at 103%). In total, the major revenue categories did well. Several smaller revenue categories have already exceeded their annual budget estimate at this 100% point in the fiscal year. These include the following with the % of the total annual revenue estimate noted:  109% - Business taxes  269% - Building permits  148% - General government charges for services  335% - Code violations 18 of 256  257% - 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 Actual Expenditures – General Fund expenditures for the twelve month period ending September 30 (100% of the fiscal year) are $ 67.9 M that is 99% of the $68.5 M expenditure appropriation for FY 2011. Overall, the expenditures are on target at this 100% point of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $ 67.9 M or 99% of the FY 2011 budget. At 99%, we are slightly behind in spending levels compared to the 100% 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. The Police spending level year-to-date is 101% and Fire is 103%, which is similar for both at the same point for the prior fiscal year, 101% and 102%, respectively. 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 twelve months in FY 2011,  Revenues realized are $ 34.1 M (107%) of the annual budget estimate.  Expenditures incurred are $31.5 M (99%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $ 2.6 M. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 31,967$ 34,169107%$ 32,465$ 33,719 104%-2%1% Expenditures$ (31,967)$ (31,682)99%$ (32,465)$ (39,394)121%-2%-20% Excess (Deficit)$ -$ 2,487$ -$ (5,675) The following provides brief comments on revenues and expenditures to date. 19 of 256 Revenues (Exhibit C) - The $ 34.1 M in FY 2011 actual revenues and fund balance increase are ahead of the $ 33.7 M to date in FY 2010, because of two factors:  Water Sales - $17.8 M equivalent to 106% of the annual estimate, compared to $16.8 M (109%) 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 $ 31.6 M or 99% of the annual appropriation compared to expenditures of $ 39.3 M or 121% 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. 20 of 256 21 of 256 22 of 256 23 of 256 24 of 256 6. B CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-116 - Approve the EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. ER: For swimming lessons offered by the Recreation & Parks XPLANATION OF EQUEST Department at the John Denson Pool, as part of the DPC Learn to Swim Program, the County will pay the City its usual and customary fee per class. The vouchers are issued by the Learn to Swim Program and are valued at a maximum of $50 per class. The term of the Agreement shall commence on October 1, 2011 and shall remain in effect until September 30, 2012. H? Various swimming and water safety OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES lessons are offered at the John Denson Pool. All the classes are open to the public and will not be restricted to voucher holders. The County will be invoiced monthly based on the number of swimming lesson classes. The DPC Learn to Swim Program provides free water safety and swimming lessons to Palm Beach County resident children ages 3-12 who don’t know how to swim. Children qualify if they receive Medicaid, Fl Kid Care, Healthy Kids or their guardian is on food stamps or section 8 housing. Children who are special needs also qualify for the free program as well. FI: Direct expenses are covered by the registration fee for the ISCAL MPACT lessons. A: Do not approve the Agreement. LTERNATIVES 25 of 256 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR PARTICIPATION IN THE DROWNING PRVENTION COALITION LEARN TO SWIM PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County will pay to the City of Boynton Beach its usual and customary fee per swim class for swimming lessons provided by the City in exchange for the Drowning Prevention Coalition Learn to Swim Program; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize execution of the Interlocal Agreement with Palm Beach County which expires September 30, 2012, for participation in the Drowning Prevention Coalition Learn to Swim Program. 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 authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County which expires September 30, 2012, for participation in the Drowning Prevention Coalition Learn to Swim Program, a copy of said Interlocal Agreement is attached hereto and made a part here as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2011. 26 of 256 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) 27 of 256 28 of 256 29 of 256 30 of 256 31 of 256 32 of 256 33 of 256 34 of 256 35 of 256 36 of 256 37 of 256 38 of 256 6. C CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-117 - Approve EQUESTED CTION BY ITY OMMISSION piggyback of Charlotte County Bid No. 2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid polyphosphate at the estimated annual expenditure of $50,000 BIDTERM: O1,2011THROUGHS30,2012,the first of two one-year mutual CTOBER EPTEMBER options to renew. ER: XPLANATION OF EQUEST Polyphosphate corrosion inhibitor is used at both water treatment plants for stabilizing the water in the distribution system. In doing so, pipe interiors are protected from the buildup of scale as well as well corrosion. The City issued bid for polyphosphate expires on October 19, 2011. Charlotte County complied with Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. H? Little or no polyphosphate usage would OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES pose great risks to the City’s water distribution infrastructure as the potential for scaling and/or corrosion of pipes would dramatically increase. In addition, the City is mandated to maintain a certain level of polyphosphate as part of our Palm Beach County Health Department (PBCHD) approved water quality parameters. Not meeting this mandate may result in fines or other disciplinary action by the PBCHD. FI: Funds are budgeted in account: 401-2811-536-52-35. Recent fiscal ISCAL MPACT expenditure is as follows: 39 of 256  FY 09/10 - $68,519  FY 10/11 - $47,503 A: The City of Boynton Beach could issue its own bid for the purchase of LTERNATIVES polyphosphate. 40 of 256 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CHARLOTTE COUNTY, FLORIDA BID #2010000286 WITH SHANNON CHEMICAL CORPORATION, FOR THE PROVISION OF LIQUID PHOSPHATE AT THE ESTIMATED ANNUAL EXPENDITURE OF $50,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that Charlotte County, Florida has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a Charlotte County, Florida Bid #2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid phosphate for an estimated annual expenditure of $50,000. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a Charlotte County, Florida Bid #2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid phosphate for an estimated annual expenditure of $50,000. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez 41 of 256 ___________________________________ Vice Mayor – William Orlove ___________________________________ Commissioner – Woodrow L. Hay ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 42 of 256 September 1, 2011 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33437 Attention: Julie Alibrandi Subject: Charlotte County Contract Dear Julie, I am in receipt of your e-mail correspondence referencing the above subject matter. SCC will extend the same terms and conditions of the Charlotte HANNON HEMICAL ORPORATION County bid and contract to the City of Boynton Beach for a term of one year. Pricing will be extended to both the East and West plants. Respectfully, Daniel C. Flynn SCC HANNON HEMICAL ORPORATION 43 of 256 44 of 256 6. D CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-118 - Approve EQUESTED CTION BY ITY OMMISSION “piggyback” of the City of Pompano’s Bid H-12-11 with Nalco Company with the same terms, conditions, specifications and pricing for the purchase of anti-scalant (PC-1850T) and control its dosage for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $50,000 BIDTERM: M8,2011THROUGHM8,2012 ARCH ARCH ER: In membrane treatment processes, as utilized at the West Water XPLANATION OF EQUEST Treatment Plant (WWTP), removal of solids from the raw water also results in deposition of those very solids on the membrane surfaces, resulting in ineffective membranes. Previously, the WWTP relied on sulfuric acid to perform this duty. Currently, the WWTP uses a combination of sulfuric acid and the Nalco antiscalant to reduce plating of the membranes. The NALCO system ensures real time monitoring and control of the antiscalant to optimize usage. Utilizing this antiscalant has reduced sulfuric acid use and overall costs. H? Utilizing Nalco anti-scalants will reduce OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES sulfuric acid costs and minimize safety hazards by reducing the volume (sulfuric acid) stored on site due to lower usage. FI: Funds are budgeted in account: 401-2811-536-52-535. Recent fiscal expenditure is as ISCAL MPACT follows: Fiscal Year Sulfuric acid costs Nalco antiscalant costs 45 of 256 08/09 $374,579 N/A 09/10 $227,903 $17,962 10/11 $152,615 $44,584 A: The City of Boynton Beach could issue its own bid or look for other contracts to LTERNATIVES utilize. However, this may lead to acid substitution at a significantly higher overall cost. 46 of 256 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CITY OF POMPANO BEACH BID #H- 12-11 WITH NALCO COMPANY OF NAPERVILLE, ILLINOIS, FOR THE PURCHASE OF ANTI-SCALANT IN THE ESTIMATED ANNUAL EXPENDITURE OF $50,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Pompano Beach has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a City of Pompano Beach Bid #H-12-11 with NALCO Company of Naperville, Illinois for the purchase of anti-scalant for the West Water Treatment Plant in the estimated annual expenditure of $50,000. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a City of Pompano Beach Bid #H-12-11 with NALCO Company of Naperville, Illinois for purchase of anti-scalant for use at the West Water Treatment Plant in the estimated annual expenditure of $50,000, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay 47 of 256 ___________________________________ Commissioner – Ronald Weiland ___________________________________ Commissioner – Jose Rodriguez ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 48 of 256 49 of 256 50 of 256 51 of 256 52 of 256 53 of 256 54 of 256 55 of 256 56 of 256 57 of 256 58 of 256 59 of 256 60 of 256 61 of 256 62 of 256 63 of 256 64 of 256 65 of 256 66 of 256 67 of 256 68 of 256 69 of 256 70 of 256 71 of 256 72 of 256 73 of 256 74 of 256 75 of 256 6. E CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-119 - Approve an EQUESTED CTION BY ITY OMMISSION agreement with Florida Atlantic University Board of Trustees for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach, RFP #052-2410-11/CJD in the amount of $27,000 ER: On June 21, 2011 the City Commission approved Resolution R11- XPLANATION OF EQUEST 066 approving a contract with the Department of Geosciences at Florida Atlantic University for the updating of geographic boundaries in the amount of $27,000. The contract was executed by the City and James Gammack-Clark, Instructor in the Department of Geosciences at FAU, whom submitted the proposal. During FAU’s processing of the executed contract the City was notified that Mr. Gammack-Clark could not sign on behalf of FAU and that the contract needed to be under the Florida Atlantic University Board of Trustees name and executed by JoAnn Moretti, Director of Sponsored Programs or a duly authorized signatory in her absence. Also FAU is unable to indemnify, defend and hold harmless the City as is in the City’s standard contracts. FAU’s insurance coverage provides General Liability self insurance up to the limite of $100,000/$200,000. Based on these issues the City is being requested to execute a new agreement in the name of Florida Atlantic University Board of Trustees. H? There is no affect to City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: There is no additional fiscal impact. ISCAL MPACT A: None. This is a requirement of the City Charter. LTERNATIVES 76 of 256 77 of 256 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION BY THE INTERIM CITY MANAGER OF A CONSULTANT AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES FOR 2011 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES IN THE AMOUNT OF $27,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article II, Section 17(g) of the City Charter, geographic boundaries for each voting district shall be designated, prepared and identified every four (4) years; and WHEREAS, on May 31, 2011, Procurement Services received and opened two (2) proposals to the RFP #052-2410-11/CJD for 2011 Redistricting of Geographic Voting Boundaries; and WHEREAS, the proposals were reviewed by staff and it was determined that the Department of Geosciences at Florida Atlantic University was the most responsive responsible proposer that met all the criteria; and WHEREAS, the City Commission approved a contract via Resolution R11-066 however City staff was informed that the contract needed to be revised to be under the name of Florida Atlantic University Board of Trustees and executed by the Director of Sponsored Programs, along with a revision being made to the indemnification and hold harmless paragraph of the Agreement. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the execution by the Interim City Manager of a revised Consultant Agreement with Florida Atlantic University Board of Trustees for the 2011 Redistricting of Geographic Voting Boundaries in the amount of $27,000.00, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. 78 of 256 PASSED AND ADOPTED this ______ day of November, 2011. CITY OF BOYNTON BEACH ___________________________ 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) 79 of 256 CONSULTANT AGREEMENT FOR 2011 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _Florida Atlantic University Board of Trustees_________ City”, and , hereinafter referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.CONSULTANT PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated. 2.SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and 5 months provide all work product required pursuant to this agreement no longer than from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4.TERM: This Agreement shall be for a period of Five months commencing on the date the Agreement is executed by the City. 5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: $27,000 a. The total contract price of , as referred to herein, shall be the total amount of payment to consultant for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Consultant shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Consultant’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 80 of 256 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant’s endeavors. 7.COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8.INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract general liability self insurance in accordance with the State of Florida Universities and the State Risk Management Trust Fund, limits for Coverage B: $100,000/each person and $200,000/eacah occurrence. 9.INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10.COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14.NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. Either Party has the right to terminate this Agreement at any time by giving ten (10) days written notice to the other party. 81 of 256 b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: JoAnn Moretti, Director Sponsored Programs Florida Atlantic University 777 Glades Road, SU-80, Room 101 Boca Raton, FL 33431 82 of 256 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Florida Atlantic University Board of Trustees Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 83 of 256 Exhibit “A” REQUEST FOR PROPOSAL SCOPE OF WORK Purpose Article II of the City Charter, Section 17(f), sets out the time frame for designating geographic boundaries, i.e. “…Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January, 2002, and every four (4) year thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida….” The successful university contractor will assist the City of Boynton Beach Department of Development in preparing redistricting options for the City of Boynton Beach City Commission. Narrative Description of Tasks The scope of work involves a series of tasks set to begin in July 2011 and end in December 2011. Each task is described below. 1.Establishing the Redistricting Criteria It is understood that the City of Boynton Beach Commission has agreed to use the following criteria to guide the redistricting process: To the extent practical with existing precinct boundaries, achieve population equality among the districts. Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through case law. Follow major natural and manmade boundaries. 84 of 256 Maintain integrity of communities of interest, including municipal boundaries. Ensure compactness and contiguous districts. Preserve the core of the existing voter districts. Evaluate possible shift to Palm Beach County Election Precincts to achieve contiguity and coherence of City Commission Districts. 2. Data Collection Will acquire both the geographic and attribute information to support the redistricting analysis. The required redistricting data have three (3) main elements: geographic, demographic, and voting registration/election data. (1) Demographic Profiling Information 2010 U.S. Census Population Data (Public Law 94-171 Redistricting Data, Universe: Total Population). Source: U.S. Census Bureau 2010 U.S. Census Population Data for Racial/Ethnic Background (Public Law 94-171 Redistricting Data, Universe: Population of two or more races). Source: U.S. Census Bureau (2) Voter Registration and Election Information – In cooperation with the Palm Beach County Supervisor of Elections, the City of Boynton Beach Department of Development and the selected university contractor will obtain the most current Voter Registration information (gender, party affiliation, and racial composition) as well as election information from two previous elections as provided by the Palm Beach County Board of Elections Commission for the purpose of analyzing voter turnout. It is imperative that the voter registration and election information be provided at the precinct level (requiring that the dataset include the individual precinct number as well as the demographic information). Current voter Registration Data at the Precinct-Level: Information would include total registered voters, gender, racial and/or ethnic composition, and party affiliation. Source: Florida Legislature, Florida Redistricting Election Data Set (FREDS) or Palm Beach County Board of Elections. Format: dBase. Previous election information would include total number of registered voters by precinct who turned out for two elections as well as demographic information about the voter such as gender, racial composition, and party affiliation. Source: FREDS or Palm Beach County Board of Elections. Format: dBase. 85 of 256 Estimated Timeframe: July - September 2011 3.Data Integration to Generate Existing District Map and Support Maps The university contractor will integrate both the demographic and voting information with GIS maps of the City of Boynton Beach. The map layers will include precinct boundaries, census block query boundaries, roads and streets, and other geographic information. At a minimum, the following maps will be developed using this information: Map depicting Total Population Totals and Percentages by Existing Districts. Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts. Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group Level. Map depicting Number of Registered Voters in each Existing District Map depicting Party Affiliation by Voting Precinct Map depicting Voting Turnout for past elections. The above referenced maps will be provided in digital format to the City in both PDF format and ArcGIS or MapInfo format for dissemination. The maps will be produced in both 11” X 17” and 36” X 44” media format for presentation purposes. Estimated Timeframe: July - September 2011 Meet With City Commissioners 4. The university contractor will meet with each Commissioner to identify and discuss concerns regarding the redistricting process. The format and schedule of the meetings will be based upon the following: Pre-Planning Meeting: Draft Review of Options Meeting: Final Review of Options Meeting: 5.Prepare and Present the Redistricting Option Maps to the City Commission The university contractor will prepare and present several redistricting options to the Boynton Beach City Commission for review and comments. Each Commissioner will be 86 of 256 provided with a redistricting packet containing the following items: Map overlay of Proposed District Boundaries, Major Roadways, and voting Precincts within the Districts. Racial/Ethnic Composition totals and Percentages by Proposed Districts. Table depicting voter-related information, such as number of registered voters per district, racial/ethnic composition of registered voters, total registered voters, and party affiliation assigned to in each proposed option will be provided only for redistricting options. In addition the university contractor will contact the Palm Beach County Elections Supervisor’s Office to ascertain if that agency is receptive to shifting or realigning election precincts to better balance City Commission Districts. Estimated Timeframe: September - October 2011 6.Review Process of Maps Submitted by Outside Parties Redistricting proposals will be provided in either PDF, ArcGIS, or MapInfo format that includes the following fields: 1)Census Block Number 2)Proposed District Number Assigned to that Census Block 3)Population Total for that Census Block 7.Review Recommendations for Revisions and Modify Approved Changes to the Redistricting Option Maps The university contractor will revise the redistricting options following input from City of Boynton Beach officials. Estimated Timeframe: November - December 2011 8.Presentation of the Final Version of the Redistricting Option Map(s) Based upon the comments and recommendations received from the Boynton Beach City Commissioners, the university contractor will present the final version of the Redistricting Options for final approval by the Commission. 87 of 256 PDF format for dissemination to public and other interested parties. The university contractor will provide the ArcView GIS files to Boynton Beach GIS for its use in disseminating information to the public Estimated Timeframe: November 2011 9.Submittal of Redistricting Map Approved by the City and Narrative Information Regarding District Boundaries The university contractor will provide approved redistricting option to the City of  Boynton Beach Engineering Department and the City will develop the legal narratives of each district boundaries. In the event that an outside party’s map is approved, the university contractor will  develop the map in ArcView GIS format. It is the responsibility of the outside party to provide the boundary narratives to the  City of Boynton Beach Department of Engineering. Estimated Timeframe: December 2011 Invoicing All materials and data files developed for the City under this agreement shall become the sole property of the City and shall be available to the City. Invoice for initial payment shall be sent to the Finance Director at City Hall for service rendered through the point of submission of boundary configurations to the appropriate city office or staff. Invoice for final payment shall be sent to the Finance Director at City Hall upon completion of the project. Completion shall be defined to mean the time when a Final Report has been made to the City Commission. 88 of 256 6. F CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-120 - (1) Approve EQUESTED CTION BY ITY OMMISSION the Agreement between the City of Boynton Beach and Dale Carlson Marketing & Communications Services in the amount of $9,750 to facilitate the development of a Brand Promise for the City of Boynton Beach and (2) authorize the Interim City Manager to execute the Agreement. ER: At the October 18, 2011 City Commission meeting, the XPLANATION OF EQUEST Commission authorized the utilization of up to $10,000 of Economic Development Incentive funding for professional marketing services to facilitate the completion of the brand development process. The Commission also approved by consensus for staff to emulate the process used by PBC Convention & Visitor’s Bureau (PBC CVB) created by Brand Strategy, Inc., which includes the four phases of the Brand Assessment, Brand Promise, Brand Blueprint and Brand Culturalization. Dale Carlson, of Dale Carlson Marketing & Communications Services was hired by the PBC CVB to facilitate the Brand Promise creation as part of their destination location campaign. Boynton Beach has the opportunity to acquire Dale Carlson’s experience and expertise with the process to facilitate the development of our own Brand Promise. H? Obtaining Dale Carlson’s services will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES allow the City to continue with the unique branding process adopted by the PBC Convention & Visitor’s Bureau and create a distinctive, compelling brand for the City that will compliment, and help us to capitalize upon the national/international marketing campaign being launched by the PBC CVB. 89 of 256 FI: $9,750 will be expended from the economic development funds budgeted in ISCAL MPACT the General Fund City Hall Account 001-1211-512-49.17. A: Not to approve the Agreement. LTERNATIVES 90 of 256 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DALE CARLSON MARKETING & COMMUNICATION SERVICES IN THE AMOUNT OF $9,750.00 TO FACILITATE THE DEVELOPMENT OF A BRAND PROMISE FOR THE CITY; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the October 18, 2011 City Commission meeting, the City Commission authorized utilizing funds for professional marketing services to facilitate the completion of the brand development process; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Consultant Agreement between the City of Boynton Beach and Dale Carlson Marketing & Communications Services in the amount of $9,750.00 to facilitate the development of a Brand Promise for the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves a Consultant Agreement between the City of Boynton Beach and Dale Carlson Marketing & Communications Services in the amount of $9,750.00 to facilitate the development of a Brand Promise for the City of Boynton Beach. Section 3. Authorizing the Interim City Manager to execute the Consultant Agreement, a copy of the Agreement is attached hereto as “Exhibit A.” Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 91 of 256 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) 92 of 256 CONSULTANT AGREEMENT FOR “BRANDPROMISE DEVELOPMENT FACILITATOR” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _Dale Carlson Marketing & Communication Services. City”, and , hereinafter referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 11.CONSULTANT PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated. 12.SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 13.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and 120 days provide all work product required pursuant to this agreement from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 120 days 14.TERM: This Agreement shall be for a term of . 15.PAYMENT. The Consultant shall be paid in accordance with the following: a. The total contract price is $9,750.00, as referred to herein, shall be the total amount of payment to consultant for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Consultant shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Consultant may submit invoices to the City twice per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. 6. ADDITIONAL ITEMS. This agreement includes: a. The Agreement makes allowances for Dale Carlson to travel to Boynton Beach no more than four times/month. For any additional trips, mileage will be reimbursed at the rate established by the IRS of .51 (51 cents) per mile for the 84 miles each way (164 miles total) for the trip to and from Dale Carlson’s Okeechobee home to the Boynton Beach City Hall and must be approved in writing by the City prior to Consultant making additional trips. b. Activities outside the Scope of Work as identified in this Scope of Work and timeline, for which an hourly fee per project is $125.00, would require prior approval and authorization in writing by the City Manager or designee. c. The Consultant’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 93 of 256 16.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant’s endeavors. 17.COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 18.INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 19.INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 20.COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 94 of 256 14. TERMINATION. a. This Agreement may be canceled by either party upon giving 30 days notice of their intent to cancel. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Carisse LeJeune, Interim Assistant City Manager 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: Dale Carlson Marketing & Communication Services th 2808 SE 27 Ave., Okeechobee, FL 34974 95 of 256 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Consultant Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary Rev. 1/22/91 96 of 256 EXHIBIT “A” Dale Carlson Marketing & Communication Services 2808 SE 27 Ave., Okeechobee, FL 34974 th Mobile: 561-762-8857, Fax: 863-763-8458, Email: carlsoncomm@gmail.com Scope of Work BrandPromise® Development Facilitator For The City of Boynton Beach BrandPromise® Definition The essence (heart, soul and spirit) of the functional and emotional benefits that customers and influencers receive when experiencing a brand’s products and services. The BrandPromise®, Duane E Knapp Process Review With the October 18, 2011 approval of the City of Boynton Beach Commissioners, the BrandPromise process has begun for this historic town. As directed by the city’s Commission, a deliverable – in terms of a working draft of a Promise with recommended Action Steps to be presented to the City Commission early 2012. This leaves the Brand Team with the responsibility of establishing and fulfilling an aggressive schedule, which emphasizes the project’s importance to all involved with the Process. For Boynton Beach, the BrandPromise Process is comprised of three steps:  Establishment of the BrandPromise Committee which then  Conducts the Brand Assessment, and finally  Develops and approves the BrandPromise Comprised of no more than 15 people, the BrandPromise Committee (BPC) members must be committed to the program’s success, dedicated to working together and focusing as a unit on Boynton Beach’s bright future. Each member assumes the responsibility and importance of being part of group. All must agree to attend each pre-established meeting and the final presentation to the Boynton Beach City Commissioners. The Committee Chair will be responsible for maintaining the group’s cohesive, optimistic and focused dedication, in addition to representing the BPC at meetings and respective presentations related to the project. The BPC will immediately conduct a Brand Assessment to determine perceptions and observable conclusions eliminating any subjective influence. The Committee will be presented with results of current research and surveys which identify potential markets, opinions and competitors. Depending on the profile of a recently conducted survey, the BPC may decide to re-distribute it to more representative targets. If the re-distribution of this survey is deemed necessary, this too, must be built into the schedule. 97 of 256 Once the results of the Assessment have been objectively reviewed and approved by the BPC, the development and approval of the Brand Promise follows by answering these answering three questions:  What is the Boynton Beach experience all about  What distinguishes Boynton Beach’s products and services from the competitors  What is superior about the value we offer our customers The Committee members present individual answers from which the BPC will jointly develop the Promise and recommended Action Steps. A working or final draft of the Promise will be presented to the Boynton Beach City Commissioners for their review/comments/approval. All BPC members are required to attend this meeting in support of their jointly created and community oriented Promise. Scope of Work As the BrandPromise (Development) Facilitator, I will be working with the to-be-identified Brand Team, direct the Brand Promise development process, establish the timeline, provide counsel as the process evolves, coordinate media relations activities with pre-determined City Staff representatives, assist with the preparation for each BPC meeting, facilitate each Brand Promise Committee meeting, and ensure the program’s success. Date Action Steps Oct. Boynton Beach City Commission meeting. 18 Received approval to move ahead with BrandPromise Development, with goal to deliver results to City Commissioners in January 2012. Establish Brand Team. In addition to Interim Assistant City Manager Carisse Lejeune and Facilitator Dale Carlson, members of the Brand Team will provide administrative and organizational assistance for the Process. Includes assistance with meetings set-up (A/V, flip charts, coordinating RSVPs of BPC, distribution of reports, database collection and possible survey re-distribution, etc. Establish Brand Promise Committee (BPC). Asked to participate as representative of their respective communities/constituencies. These Stakeholders will work together as a unit representing the Community of the City of Boynton Beach. Finalize Brand Promise Committee Draft/receive approval of outline of Committee role, goal, responsibility and commitments Begin distribution of invitations to potential BPC members with approved outline of goal and responsibilities Begin collection of confirmations of BPC participation Begin compilation of BPC meeting packets – to be distributed electronically First meeting of Brand Promise Committee. Location: TBD Time: TBD Objective: Introduce membership, review BrandPromise Process including timing of Assessment and Promise Development. Reinforce understanding and commitment to Committee, the Process and their cumulative result. Elect Committee Chair. Assessment Begins – review Executive Summaries of previous research Review results of previous Boynton Beach brand survey Determine if information is enough for thorough Assessment. 98 of 256 If not, should survey be redistributed to stakeholders and their respective memberships/ constituencies Note limited time frame for survey turnaround – need immediate access to data Earliest date survey could be distributed – data base(s) collected by Nov. 7; Survey distribution, Nov. 8; Begin compilation of results Nov. 10; Finalize results Nov. 14. Survey results reviewed BPC meeting Distribution of minutes/notes of first BPC meeting to membership If necessary, collection of data base(s) for survey distribution If necessary, distribution of survey to data bases Begin compilation of survey results Final compilation of survey results Distribution of meeting packets to BPC BPC meeting Review survey results Begin discussion of implications Distribution of meeting packets to BPC BPC meeting Finalize Brand Assessment – agree on research and survey results Identify top indicators - results Distribution of meeting packets to BPC BPC meeting Begin Promise development Discuss Assessment results, indicators for Boynton Beach Assignment: Answers for three questions answers due BPC reminder of 3 answers due Deadline: 3 answers due Distribution of meeting packets to BPC BPC meeting Review answers displayed anonymously Begin finalization of Promise and Action Steps If necessary, distribution of meeting packets to BPC Final BPC meeting – finalization of Promise and Action Steps Finalize presentation to Boynton Beach City Commission Promise presentation to Boynton Beach City Commission Proudly Prepared by Dale Carlson Marketing & Communication Services 561-762-8857 • carlsoncomm@gmail.com 99 of 256 Dale Carlson Marketing & Communication Services 2808 SE 27 Ave., Okeechobee, FL 34974 th Mobile: 561-762-8857, Fax: 863-763-8458, Email: carlsoncomm@gmail.com Marketing • Communication • Public Relations • Destination Promotion Creative Development •Special Events • Advertising/Media Collateral Production • Publishing • Brand Assessment Career Achievements Promoting resort destinations, aligning cooperative relationships, developing communication programs, and assisting with strategic branding campaigns are a few components of my career. My professional track has featured stops at a number of popular destinations including Colorado’s ski country, the Caribbean, South Carolina’s Lowcountry, Hawaii’s Island of Maui and Palm Beach, Florida. Dale Carlson Marketing & Communication Services, South Florida In 1998, I established an independent business specializing in marketing, communication, and promotional events. The success of my small company relies on word of mouth recommendations, which has happily resulted in an eclectic collection of clients. Contracted services include public relations and media campaigns, the creation of revenue-generating special events and business summits, destination research and brand assessments, black tie galas, collateral development and copy writing. Client list attached. On-Property Destinations, 1981-1998 Before establishing Dale Carlson Marketing & Communication Services, I proudly served as a member of employee teams at the following hotels and resort destinations:  The Breakers, Palm Beach, Florida – Director of Marketing and Communication  Maui Inter-Continental Wailea, Hawaii – Director of Public Relations  Hotel Inter-Continental Hilton Head, South Carolina – Director of Public Relations  Seabrook Island Resort, Charleston, South Carolina – Marketing Services Coordinator  Coconut Cruises, St. Thomas, USVI – Director of Sales & Marketing  Breckenridge Ski Area, Colorado – Director of Public Relations  Copper Mountain Resort, Colorado – Public Relations Manager  Keystone Resort, Colorado – Caretaker of Keystone Ranch and Administrative Assistant for the Food & Beverage Department Carlson Marketing & Communication Services clients, 1998 to Present: Hospitality, Service Industry and Special Events  Chancellor Park/The Plaza of South Florida (luxurious senior residences)  Consuming Passions, Palm Beach, Florida (food and wine event with celebrity chefs)  Cucina dell’arte restaurant, Palm Beach, Florida  The Biltmore Estate, The Inn on Biltmore Estate, Asheville, North Carolina  BrandStrategy, Inc., Research and Facilitator, Anacortes, Washington  The Brazilian Court, Palm Beach, Florida  Grand Key Resort, Key West, Florida 100 of 256  Hotel Sales & Marketing Association International, Palm Beach/Treasure Coast Chapter, Florida  International Fine Arts Expositions, artpalmbeach, West Palm Beach, Florida  Mobil (Forbes) Travel Guide, Facilities Inspector, Chicago, Illinois  Nemacolin Woodlands Resort & Spa, Farmington, Pennsylvania  Palm Beach County Convention & Visitors Bureau, West Palm Beach, Florida  Quail Creek Plantation, Okeechobee, Florida  Saratoga Polo Association, Sarasota Springs, New York & Wellington, Florida (Palm Beach International Polo Club) Real Estate, Construction and Banking  Admiral’s Cove, Jupiter, Florida  Croom Construction, Vero Beach, Florida  Daniel Island, Charleston, South Carolina  Kiawah Island Resort Associates, Charleston, South Carolina  Whitehall Professional Home Maintenance, Vero Beach, Florida  U.S. Trust’s Salute to Philanthropy series for Vero Beach, Palm Beach, Boca Raton, Sarasota, Tampa Bay and Naples, Florida. Education  Palm Beach Community College Foundation, West Palm Beach, Florida Non-Profit  American Heart Association, Martin County Heart Ball Committee, Stuart, Florida  Easter Seals, member – Board of Directors, Beach Ball Chairman, Stuart, Florida  Hobe Sound Community Chest, Hobe Sound, Florida  NARSAD – The Mental Health Research Association, Palm Beach, Florida Freelance Writing  Hanley Center with ImMEDIAcy Public Relations, West Palm Beach, Florida  The Norton Museum of Art, West Palm Beach, Florida  The Palm Beach Post, West Palm Beach, Florida  The Ritz-Carlton, Palm Beach, Florida  U.S. Trust, Palm Beach, Florida Education Graduate, University of North Carolina at Chapel Hill Double Major: RTVMP (Broadcasting) & Journalism (Advertising Sequence) # # # 101 of 256 6. G CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM st CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve payment to IBI Group, Inc. in the amount of EQUESTED CTION BY ITY OMMISSION $26,831 for Bid Assistance and Construction Services ER: On May 15th, 2007 the City Commission approved the Local XPLANATION OF EQUEST Agency Program (LAP) agreement between the City of Boynton Beach and the Florida Department of Transportation to provide grant funding for the design and construction of Barton Memorial Park Greenway and Palmetto Greenway Extension in the amount of $116,070.00 and $440,000.00. th On January 20, 2009 the City Commission approved award of the consultant services agreement to IBI Group, Inc. for the design and permitting of Barton Memorial Park Greenway and Palmetto Greenway Extension in the amount of $18,300.00 and $50,000.00. The IBI Group contact award includes fees for services provided through the final construction documents. Their awarded contract also addresses their ability to provide bidding assistance and construction services as negotiated, if requested (See Part 5. Bidding Assistance and Construction Services). Upon closing out of the Barton Memorial Park Greenway project, it was realized that while the awarded contract included the ability to have IBI Group provide bidding assistance and construction services, staff did not return to Commission for approval of the negotiated fee. H? No City programs and/or services will be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES affected. The bid assistance and construction services fees will be paid from unused 102 of 256 contingency in the street micro surfacing project which was also budgeted in the FY2010/2011 Capital Improvements Program. FI: The bidding assistance and construction services expenses of $26,831 are to ISCAL MPACT be paid out of account # 304-4905-580-63-08 . A: None. According to the LAP agreement between the City of Boynton Beach LTERNATIVES and FDOT; the City agrees to bear all expenses in excess of the total cost of the project and any deficits Involved. 103 of 256 104 of 256 105 of 256 106 of 256 107 of 256 108 of 256 109 of 256 110 of 256 111 of 256 112 of 256 113 of 256 114 of 256 115 of 256 116 of 256 117 of 256 118 of 256 119 of 256 120 of 256 121 of 256 122 of 256 123 of 256 124 of 256 125 of 256 126 of 256 127 of 256 128 of 256 129 of 256 130 of 256 131 of 256 132 of 256 133 of 256 6. H CONSENT AGENDA November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the City Commission regular EQUESTED CTION BY ITY OMMISSION meeting held on October 18, 2011 The City Commission met on October 18, 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 134 of 256 135 of 256 136 of 256 137 of 256 138 of 256 139 of 256 140 of 256 141 of 256 142 of 256 143 of 256 144 of 256 145 of 256 146 of 256 147 of 256 148 of 256 149 of 256 150 of 256 151 of 256 152 of 256 153 of 256 154 of 256 7. A BIDS AND PURCHASES OVER $100,000 November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the Bid with the Palm Beach County Co-operative EQUESTED CTION BY ITY OMMISSION Purchasing Council for Chemicals and Fertilizers to various vendors listed below, as the lowest, most responsive, and responsible bidders to meet all specifications. The anticipated annual expenditure is $108,181.00. The City of Delray Beach complied with Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. BID TERM: OCTOBER 4, 2011 through OCTOBER 3, 2012. EXPLANATION OF REQUEST: This is a Palm Beach County Co-op Bid with Delray Beach as Lead Agency. On August 30, 2011, the City of Delray Beach received, opened and tabulated eight (8) bids for Chemicals and Fertilizers. The award recommendation was based on low bid per item. Attached is a Summary Tabulation Sheet showing awarded vendors highlighted by item number. The following Companies were awarded in part: Diamond Fertilizer Company, Inc.; Glades Formulating Corporation; Helena Chemical Company; Howard Fertilizer and Chemical Co., John Deere Landscapes; Red River Specialties, Inc.; Univar USA Inc.; and Winfield Solutions, LLC. The terms of this bid allows for a one-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 Co-operative. H? By participating in a Palm Beach County Co- OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES operative Bid, the City enjoys the benefits of reduced quantity pricing for chemicals and fertilizers. FI: The purpose of this bid is to establish firm prices for the purchase of chemicals and ISCAL MPACT fertilizers used by City Departments. These items are ordered on an “As Needed” basis. Following are expenditures for Fiscal Year 2011 and budgeted amounts for Fiscal Year 2012: 155 of 256 Department Account Number FY ’11 Expense FY ’12 Budget Golf Course: Fertilizer 411-2911-572-52-19 $30,215.00 $ 41,000.00 Chemicals 411-2911-572-52-21 50,532.00 56,531.00 Warehouse: Herbicide 502-0000-141-01-00 2,384.00 2,500.00 Cemetery: Chemicals 631-3110-539-52-21 27.00 1,850.00 F & G: Chemicals 001-2730-572-52-21 3,014.00 3,000.00 Parks: Chemicals 001-2731-572-52-21 2,069.00 3,300.00 TOTAL $88,241.00 $108,181.00 A: To issue our own Bid for chemicals and fertilizers resulting in increased costs as a LTERNATIVES result of quotes based on much smaller quantities. . 156 of 256 157 of 256 158 of 256 159 of 256 160 of 256 161 of 256 162 of 256 163 of 256 164 of 256 165 of 256 166 of 256 167 of 256 168 of 256 169 of 256 170 of 256 171 of 256 172 of 256 173 of 256 174 of 256 7. B BIDS AND PURCHASES OVER $100,000 November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve changes of the Annual Bid for Landscape EQUESTED CTION BY ITY OMMISSION Maintenance, original Bid#054-2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders. Tabled 10/04/11 & 10/18/11 ER: On September 18th, 2008 the City Commission approved the XPLANATION OF EQUEST Annual Bid for Landscape Maintenance, Bid #054-2730-08/JA for the purpose of providing landscape maintenance to various City and Park locations. The Bid was awarded for a one (1) year period (October 1, 2008 – September 30, 2009) with the option for three (3) annual renewals. The current renewal period expires on September 30, 2012. This bid will be advertised for bid in the summer of 2012. The major maintenance locations and tasks were assigned to Vila & Son Landscaping Corporation in the amount of $164,966 for FY2011/12 (see attached Landscape Bid – Vendor Changes for FY11/12 showing service areas and costs). On August 5, 2011 Vila & Son Landscaping Corporation notified the City (see attached letter) that they had stopped operating as a business. Staff contacted the second lowest bidders for the locations that were serviced by Vila & Son Landscaping to see if they would honor their original pricing. All vendors agreed to honor their pricing from their proposal. As a result the maintenance locations need to be redistributed to the second lowest bidder(s) for the 2011/12 fiscal year. The distribution of services and costs are as follow: Superior Landscaping = $207,481.00 First Genesis Lawn Service Inc. = 6,040.00 175 of 256 Latona View Lawn Care Inc. = 5,940.00 TOTAL of Redistributed Services =$219,461.00 Redistributing the service along with maintenance reductions that were planned will still allow us to meet the projected budget. Maintenance reductions include cutting service frequencies (from 44 mowings per year to 37), elimination of pesticide to general areas, elimination of annual mulching and elimination of palm pruning. H? Only affect will be different vendors OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES providing service. FI: Projected FY2011/12 budget for landscape maintenance is $637,762 and is ISCAL MPACT funded in various departments as listed below: CRA = $ 13,761.00 Forestry & Grounds (001-2730-572-46.98) = 438,526.00 Parks (001-2731-572-46.95) = 24,475.00 Utilities/Water (401-2811-536-46.98) = 55,000.00 Utilities/Liftstations (401-2816-536-46.98) = 65,000.00 Utilities/Stormwater (401-2824-536.46.98) = 41,000.00 TOTAL = $637,762.00 A: Continue with emergency services until new Bid can be awarded. LTERNATIVES 176 of 256 177 of 256 178 of 256 179 of 256 10. A CITY MANAGER’S REPORT November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss the report on the Utilities Capital Improvement EQUESTED CTION BY ITY OMMISSION Program (CIP) funding. ER: At the Commission meeting of October 4, 2011, the Commission XPLANATION OF EQUEST requested that staff present a report on the Utility’s CIP funding. The request was part of the discussion on the closeout of the first phase of the City’s Raw Water Interconnect project. The following four (4) tables provide an overview of Utility CIP funding: Table 1 – Outlines the CIP fund structure, Table 2 – Summarizes FY 2010/2011 financial activity and fund balances, Table 3 – Provides a 5-year expenditure projection of each fund, and Table 4 – Lists key projects in the CIP through FY 2015/16. Table 1 – Utilities CIP Fund Structure. The CIP is funded through three (3) major funds as described in the following table that summarizes the funding source(s) of each fund, and the type of projects each fund supports. Fund No. Funding Source Type of Projects Supported 403 Transfers from water, sewer, storm rates or Capital renewal and replacement and repair user charges, net of operating expenses projects 404 Water and sewer impact fees from new Capital improvement projects that add additional developments capacity to the backbone of the existing system 406 Bond proceeds Designated capital projects not covered by funds 403 or 404. 180 of 256 Table 2 – FY 2010/2011 Financial Activity and Fund Balances. As of September 30, 2011, the FY 2010/2011 balances in the three Utility funds showed amounts of ($1,766,195) for Fund 403 and $17,070,480 for Fund 404, for a grand total balance of $15,304,285. The Fund 406 showed no balance. The table below shows a summary of the details of each of the funds. Fund No. Ending Balances Funding Sources Expenditures & Ending Balances at 9/30/2010 Encumbrances at 9/30/2011 403 2,373,654 396,717 (4,536,566) (1,766,195) 404 24,350,069 633,098 (7,912,688) 17,070,480 406 (2008 Bond) 0 0 0 0 Grand Total 26,723,723 1,029,815 (12,449,254) 15,304,285 Table 3 – Expenditure Projection of Each Fund. The table displays the expenditure projection for each year by fund through FY 2015/16. Fund 406 reflects expenditures from the proceeds of future bond issues. The grand total amounts to $71,350,559 over the 5-year period. Fund No. FY 2011/12 FY 2012/13 FY 2013/14 FY 2014/15 FY 2015/16 Fund Total 403 $ 4,279,000 $ 7,362,000 $ 2,009,000 $ 3,690,000 $1,842,000 $ 19,182,000 404 $ 55,000 $ 0 $ 0 $ 2,000,000 $6,440,000 $ 8,495,000 406 (Bonds) $13,304,202 $20,860,559 $ 7,000,000 $ 2,300,000 $ 0 $ 43,464,761 Grand Total $17,847,000 $28,222,559 $ 9,009,000 $ 7,990,000 $8,282,000 $ 71,350,559 Table 4 – Key Projects in the CIP through FY 2015/16. The key projects and their respective fund accounts are reflected in the table below. Fund Project Description and Components 5-Year Cost Multiple funds East Plant Projects – OSG, Rehabs, Expansion, etc $13,140,000 Fund 404 East Plant Ground Water Rule Requirements Fund 404 East Plant Capacity-Driven Changes (2013) Funds 403, 406 East Plant Rehab – Sludge Dewatering, OSG, Filter, etc Fund 404 East Plant growth-related changes Multiple funds Ion Exchange, Surficial Raw Main Interconnect, etc $22,660,000 Fund 404 Raw Water Main Interconnect Fund 404, 406 Ion Exchange Fund 404 Pump Station 406 (Future Borrowing) Central Seacrest Corridor $13,600,000 406 (Future) Lake Boynton Estates Improvements (sewer, water, storm) $ 1,510,000 403, 406 (Future Borrowing) Manhole Rehabilitation and Replacement $ 1,590,000 403, 406 (Future Borrowing) Pipeline Rehabilitation (gravity, force main, laterals) Sewer $ 5,940,000 406 (Future Borrowing) Reuse Distribution System $10,000,000 More details on each of these projects and their 5-year schedules can be found in the actual CIP spreadsheet in the backup material. The key projects, Table 4, make up about 74% of the Utility’s 5-year CIP of $102 million. Mainly Repair and Replacement projects (R&R) make up the balance of the 5-year CIP projection totaling $25.71 million. The Utilities CIP is derived from a rigorous business case evaluation (BCE) program that was approved by the Commission and implemented by the Utilities in 2005. The BCE was a tool the Utilities used to vet and streamline its CIP projects. The criterion used to qualify projects was mainly based on the following: a. Water quality and safety needs. b. Meeting current and future regulatory mandates. c. Infrastructure upkeeps of the system. d. Support of sustainable growth and business needs of the community. 181 of 256 The new and prioritized CIP program that emerged was incorporated into a rate study which generated new user fees and a funding structure that was needed to support the program. That practice has been continued through the subsequent years up to today. The budget of the Raw Water Interconnect, like other Utility CIP projects, is only a best estimate of the project cost determined at the inception of the project. Therefore, the balance of the budget for the project, which is assessed as the project progresses or closeout, was applied to the balances in Funds 404 and 406 which support the project. Thus, generally:  CIP figures are all best estimates.  The projects are authorized with a contingency.  Expenditures over or under the budget are closed out to fund balances and do not impact the overall CIP. . H? This report will create a better OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES understanding of the funding structure of the Utility’s Capital Improvement Program (CIP). It will also promote transparency in how it is used to fund and execute the Utility Department’s Capital Improvement projects. FI: None ISCAL MPACT A: N/A LTERNATIVES 182 of 256 183 of 256 184 of 256 185 of 256 186 of 256 187 of 256 188 of 256 189 of 256 190 of 256 191 of 256 192 of 256 193 of 256 194 of 256 195 of 256 196 of 256 197 of 256 198 of 256 199 of 256 200 of 256 201 of 256 202 of 256 203 of 256 204 of 256 10. B CITY MANAGER’S REPORT November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 1 November 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: Information regarding the police department's hiring and EQUESTED CTION BY ITY OMMISSION training policies provided at the request of Mayor Rodriguez. No action required. ER: Mayor Rodriguez requested information regarding the police XPLANATION OF EQUEST department’s hiring and training practices via an email to the City Manager dated August 7, 2011. The Mayor further requested that his questions and the responses provided by the Chief of Police be placed on the city commission agenda. Those questions and responses are as follows: 1) What actions do we need to take immediately with the current force to reinforce expected behavior and minimize future issues? No action is necessary as there is no need to “reinforce expected behavior” beyond what we have already done. The arrests themselves and the fact that the BBPD took swift and severe action against the offending officers reinforces our expectations that behavior contrary to the rules and regulations will not be tolerated. The events that resulted in the arrests and the filing of these cases with the State Attorney’s office took place over nine months ago. At that time, we conducted several meetings with our supervisory staff to inform them of the circumstances that led to these particular cases being sent to the State Attorney as opposed to being handled strictly internally. We reiterated the need to utilize the system of checks and balances that were built into our reporting system and deployment protocols in order to insure that accurate information is recorded and when an investigation should be initiated by command or supervisory personnel. These cases served as an excellent example of how well our system works when all involved fulfill their supervisory responsibilities. We also used these cases as part of our in-service training program to illustrate the importance of ethical behavior in the 205 of 256 enforcement function and to reiterate that we have no tolerance for falsified official reports of any kind. I personally met with the officers in January 2011 and explained the progress of the cases and what led to the arrest of the officers (I meet with just the police officers four times each year to discuss issues of concern and newly published departmental directives.) I believe that all of these meetings and the arrests of our fellow officers sufficiently reinforced the need for strict adherence to reporting guidelines and ethical behavior by all members of the department. Additionally, officer behavior is regulated by over 150 departmental directives and an entire chapter in the Florida Administrative Code. 2) Do we need to evaluate our hiring standards and requirements? There isn’t much in the way of discretionary hiring standards that are available to law enforcement agencies in this state. Hiring standards are established by state statute (Chapter 943 of the Florida Statutes) and Florida Department of Law Enforcement (FDLE) regulations (Chapter 11B of the Florida Administrative Code). Each officer undergoes a rigid background investigation that includes personal interviews with neighbors, former employers, military unit (if applicable) friends and associates. Each officer also submits to a truth detection interview (voice stress analysis), extensive criminal history and a comprehensive psychological evaluation by doctors who specialize in the evaluation of police officer candidates. All officer backgrounds are reviewed by an FDLE field agent who must sign off before the candidate is hired. Our Human Resources department also administers a validated test that each candidate must pass before being processed by the Police Department 3) Do we need to evaluate our training programs and testing (both new and ongoing)? We are always evaluating our training programs and making the necessary adjustments to comply with evolving FDLE regulations and the current status of the law. The training programs that we conduct throughout the year are established by the Florida Department of Law Enforcement, The Florida Commission for Law Enforcement Accreditation and the U.S. Department of Justice. Unfortunately, we have limited time to conduct additional training; however, the mandated programs include sessions geared toward officer integrity and professionalism. We conduct training in-house and also utilize training conducted by the FBI in Quantico, Va., the Broward and Palm Beach County Criminal Justice Institutes, The Southern Police Institute (Command Officer Development Course for Sergeant and Lieutenants) and regional training sessions conducted by FDLE. Officers receive approximately 30 hours per year of training which is audited by FDLE and the Department of Justice (DOJ). Utilizing our Directives Management Software (DMS) distribution system (web based method of immediate distribution of directives and training bulletins) directives are continuously updated and promulgated to the force. Training bulletins based on case law and revised regulations are distributed regularly. For directives, officers are required to complete an online test that insures they understand and have read the material distributed. 4) Do we need to evaluate our oversight standards (supervisory, management structure)? The Management Study of the department completed by the Police Executive Research Forum (PERF) in 2006 commented that we have a very lean command staff. Unlike most agencies that have several layers of command officers (captains, majors, assistant chiefs), the BBPD has a chief and two majors; that’s the command staff. When I became chief I abolished 206 of 256 the three assistant chief positions and gave increased responsibilities to the majors (who are division commanders) and the lieutenants (who are at the operational level as district and unit commanders). I asked the city manager, at the time, to increase the number of sergeants to provide additional operational level supervision to the patrol force which you (the commission) did. We added four sergeants over the past five years and one lieutenant (to provide a commander for the communications division which came under the police department in 2008). We also added 20 officers so the span of control remained unchanged. Unfortunately, the PD lost 21 civilian positions over the past two budget years. Many of these positions provided administrative oversight of some operational component and as a result, the sergeants and lieutenants have taken on an increased administrative role. This takes away from time spent supervising the officers on the road. So to answer this question I offer that we could benefit by additional supervision both at the command level and the operational level. The standards themselves are in place and they are numerous and rigid. If the standards (and our disciplinary system) were not robust, no one outside of the PD would have known what these officers did. H? There is no affect on city programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: None. ISCAL MPACT A: Not applicable. LTERNATIVES 207 of 256 13. A LEGAL November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 11-030 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners ER: The City Commission previously reviewed this item on July 5th, XPLANATION OF EQUEST and acted to support the modification of the City's sign regulations to allow "feather-style" banners in addition to the static banner that is currently allowed by the LDR for temporary display purposes. The Commission directed staff to return with an ordinance containing the corresponding amendments to accommodate said temporary signs, including provisions or standards that address maximum size and the anticipated locational and quantity issues. Staff is also to prepare to implement administrative processes that resolve the anticipated processing and monitoring challenges. Options for consideration, as well as the background information and analysis on which the proposed amendments are based were provided in the th July 5 agenda item, and that agenda cover sheet has been included as an attachment to this item. The recommendations from that report have been listed below as an introduction to the proposed amendments. The recommendations reviewed and supported by the Commission on th July 5 read as follows: Original Recommendations If the Commission desires to increase the advertising mechanisms and visibility for businesses, while minimizing the overall potential impacts on the streetscape, staff recommends that the sign regulations be amended to consider the following: 1. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height standards and type of banners allowed and discouraged; 208 of 256 2. Establishment of a density standard to set a limit on the number of banners to be simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage); 3. Optionally, because this provision could represent a net reduction in total banners allowed at any one time (compared to current regulations), the density limit could be written to only apply to those banners placed adjacent to the roadway, and all other banners would either be required to be placed a maximum distance from the roadway or property line and subject to a separate density ratio); 4. Currently prohibited signs and provisions that allow limited sign movement; 5. A minimum of 1 banner would be allowed regardless of linear frontage; 6. The maximum display period remains at 90 days; 7. A sunsetting provision to ensure the impacts are monitored and ordinance extended only if minimal negative effects and net benefit to the area businesses; 8. Impacts on visibility particularly at intersections and driveways, and on views to traffic or pedestrian signage, bus stops, transportation information signage, emergency signage, or to other signage or information that is intended to direct or inform the public; 9. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and restrictions regarding uniform size and design, location, and pedestrian scale and purpose (to be adopted under separate ordinance); 10. Needed amendments to the application fee schedule to account for anticipated increases in processing and monitoring time and costs. Staff also recommended that the proposed changes be in effect for a trial or pilot period during which time staff would evaluate the impacts and benefits from the subject amendments. Staff recommended that the temporary period last for 12 months, and at the end of such period the Commission would review the findings and determine whether the ordinance should sunset or be extended. Proposed Text Amendments Modify Part III. Land Development Regulations, Chapter 1, Article II. Definitions and Chapter 4, Article IV. Sign Regulations, as follows: Terms and definitions - Insert description/definition to allow for a feather banner as a temporary sign in addition to the static banner currently allowed, to include the various typical shapes/styles commonly seen but limited to feather banners – “bow”, “teardrop” and ”flag” (rectangular-shaped). Height/Size standards - Add size standards for feather banners to include a maximum height of 10’ 6”, overall measurement., and a maximum width of 30”. These odd dimensions are based on the various “standard” sizes provided by a sample of manufacturers or suppliers researched by staff, and the differences in width dimensions between the feather or flag banners and teardrop banners. Whereas width dimensions for bow banners can start at 2’, teardrop banners are wider starting at around 34”. Given the varying shapes of feather banners, no maximum area standard is being proposed. Lastly, for consistency, this maximum height standard will also apply to the static banner that is currently allowed by the sign regulations (there is currently no applicable maximum height standard for static banners). Quantity standard – To prevent proliferation of banners along the streetscape, a maximum of 1 feather or static banner per business will be allowed per display period, and at a maximum intensity or quantity of 1 feather or static banner per 300 feet of linear street frontage with a minimum of 1 banner per property on which an approved 209 of 256 business operates. Banners placed on or within 5 feet from the building façade or supporting components will not be subject to the intensity/quantity standard. Location – Similar to current restrictions applicable to static banners, feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind the shrub row of the landscape buffer. A minimum setback of 10 feet. Not to be placed in parking spaces or drive aisles. Duration – Similar to current regulations for temporary banners, the maximum cumulative display period shall be 90 days per calendar year. Evaluation period – It is difficult to project future permit activity and the overall visual effect of these proposed feather banners. Therefore staff recommends that the proposed changes be in effect for a 12-month trial or pilot period during which time staff would evaluate the impacts and benefits from the subject amendments. At the end of such period the Commission would review the findings and determine if the ordinance should be extended. Purpose – To prevent such signs from being used to solely attract attention without communicating the subject business and/or product, the proposed regulations should prohibit such signs that are blank or that contain no wording, logo or other message associated with a specific store approved to operate on the subject property. Fee requirements – Staff proposes to apply the same zoning permit fee as applicable to static banners. If the process required in conjunction with the processing of feather banners is significantly more staff-intensive than for static banners, staff will propose an amendment to the fee schedule as necessary to reflect the actual processing time experienced with the first several applications. The administrative process will include both automated and manual aspects. A-frame signs - A-frame or “sandwich” signs are use to identify and locate businesses, promote merchandise or services, attract customers, provide direction and information in a pedestrian setting, and can be accomplished without any impact on the streetscape through proper proximity to business entrances, and uniformity in design. Such signs are frequently used by restaurants for displaying daily menu options or values and are being proposed for accommodation by City regulations. One (1) sign shall be allowed per business, and each shall be non-illuminated and constructed of durable materials compatible with the project. The size of each sign shall be of a scale that is consistent with the scale of the adjacent storefront, building, and sidewalk width, and are limited to five (5) square feet. Staff will require uniformity within a plaza or other multi-tenant center through involvement of the leasing agent or property owner, and the use of the respective sign program and minor site plan modification process. Staff proposes to forward these proposed amendments in ordinance form for first reading, to confirm Commission direction, then circulate the item to the Planning & Development Board prior to final reading of the ordinance. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 210 of 256 FI: An increase in demand for zoning permits is anticipated but the magnitude of ISCAL MPACT increase is difficult to estimate. A: Approve code amendments as proposed, modify as desired, or not approve LTERNATIVES amendments to the sign code thereby preventing any additional types of temporary signs within the City. 211 of 256 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS ARTICLE IV “SIGN REQUIREMENTS” BY AMENDING SEC. 4 “STANDARDS” TO ADD A NEW SUBSECTION B. 10 ENTITLED “FEATHER BANNERS” PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to modify the sign regulations to allow temporary feather banners in commercial areas; and WHEREAS , it is the intent of the City Commission to modify the sign code on a trial one (1) year basis after which time the City Commission will evaluate if the use of temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City. 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. Article IV “Sign Requirements”, Sec. 4 “Standards” to be amended to add a new subsection B. 10 entitled “Feather Banners” as follows: Terms and definitions- A “feather banner” is a style of a temporary lightweight sign comprised of a partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign face is attached. Depending on the shape and type of movement, such signs may also be called a “flutter”, “tear drop”, “flying”, “wing”, “bow”, “blade”, or “rectangular” banner. Height/Size standards - A maximum height of 10’ 6” overall measurement including support portion of sign, and a maximum width of 30”. Materials- The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. Number of banners - Along business or shopping center frontage, within 25 feet of the property line: 1 feather banner per business (as evidenced by business tax receipt) per 300 feet (or less) of linear street frontage. A minimum of one banner shall be allowed along the frontage if linear 212 of 256 frontage is less than 300 feet, and banners shall not be placed along a single frontage when the property has multiple frontages. Banners placed on or within 5 feet from the building façade or supporting components: 1 feather banner per business (as evidenced by business tax receipt). Only one banner (i.e. feather or fixed banner as provided for in Sec 3.B.4) shall be permitted and displayed per business at any one time. Location – Feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind the shrub row of the landscape buffer. The minimum setback shall be 10 feet from the property line, except that the setback may be less than 10 feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed in, or otherwise block parking spaces or drive aisles. Banners may not be placed on sidewalks. Duration – The maximum cumulative display period shall be 90 days per calendar year. The duration period shall run for consecutive days. Application- An application shall be required for each banner, shall include a scaled plan or drawing that identifies the location of and setback for the proposed banner, and indicates the length of the property frontage if banner is to be placed less than 25 feet from property frontage. The application shall be signed by the business owner and the property owner. Fee requirements – Permit applications shall be processed following the same process used for processing other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for each application shall be $50. Deposit- $100.00, refundable on or before the expiration of the 90 day permit, provided the applicant surrenders the original permit. Penalties: $50 per day or portion of a day for each banner displayed without a permit or after the expiration of a permit. 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 and shall automatically be deemed repealed at the one year anniversary of second and final reading. FIRST READING this ____ day of ____________, 2011. 213 of 256 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 214 of 256 ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 215 of 256 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request to consider amendment to City Code on EQUESTED CTION BY ITY OMMISSION temporary banners. th ER: This item is in follow-up to the discussion held at the June 7 XPLANATION OF EQUEST Commission meeting. Staff was directed to meet with the two owners of local businesses who where present and addressed the Commission, to determine how other cities regulate banners, and to propose possible amendments for Commission consideration including provisions for a “feather”-style banner. A “feather” banner is construed to be a banner oriented vertically and mounted on one side to a pole enabling it to move, either swivel around the pole, or “wave” freely and rotate, depending on the design and wind strength and direction. The industry has various labels for these types of signs or banners, which should be understood as the magnitude and type of movement is a factor of material and design (or shape and framing). Although some terms are interchangeable and there was not total consistency found throughout various manufacturer or vendor websites, staff understands the different styles to be described as follows:  “Feather” or “bow” banner appear to be general terms for a lightweight, vertically- oriented banner with minimal framing that curves outward at the top to match the curved shape of the fabric (similar to a bow from a bow and arrow);  Vertical flag-style banner is similar to the bow banner but rectangular in shape with a top horizontal bracket and lose bottom to allow moderate free motion and reasonable visibility of the printed information;  “Teardrop” is a feather or bow banner except that the banner is shaped like a teardrop with a taut outside edge to restrict free or waving movement and maximize visibility to the text or message on the banner. Movement is uniform facilitated by the pole base which swivels with the wind direction; and 216 of 256  Feather banner “flag” appears to be very light weight and with minimal framing to allow maximum free movement. May or may not contain text or copy, with an emphasis on the free waving motion rather than visibility of printed information. Staffs presentation of this item will include a slide show of digital images of the banners and other signs described in this report. Current Regulations The current regulations read as follows: 4. Banner. a. New Development. (1) A temporary banner, not to exceed 20 square feet, is allowed for a maximum of one (1) year for a new multi-family residential development or non-residential use. The permit to allow for such banner shall only be issued once a certificate of occupancy has been approved for the project. (2) For multi-family residential developments and projects located in mixed-use zoning districts, an additional banner of equal size and shape may be allowed, provided that both are placed at the main point of vehicular ingress / egress. This placement and symmetry may be repeated at one (1) project entrance per frontage with a maximum number of two banners per entrance and maximum height of 15 feet. b. Existing Development. A temporary banner, not to exceed 20 square feet, is allowed for existing multi-family developments and non-residential uses. This banner is allowed for a maximum of 90 days within a one (1)-year period. c. Landscaping. Banners, if placed within the landscape strips abutting rights of way or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances, banners shall be placed behind the shrub line and their location must comply with the cross visibility and safe sight standards of Section 4.A.3 above. d. Miscellaneous. All banners, regardless of location, shall be removed within 12 hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the following types of temporary signage; 1) project development signs; 2) construction sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Recreation and Parks Special Event Sign. The provisions of this subsection do not apply to the aforementioned type of temporary signs. See the appropriate subsections of code and their respective regulations for each type of aforementioned sign. The above-described standards and provisions are summarized as follows:  One, 20 square foot banner to be displayed up to one year at a new multi-family development or at any new, non-residential development;  Two, 20 square foot banners to be displayed at one driveway per project frontage for up to one year at a new mixed-use development;  One 20 square foot banner to be displayed for a cumulative maximum period of 90 days for an existing business or development; and 217 of 256  Banners may be displayed either on a building façade or mounted on posts and placed on the subject property, except such placement shall not block views at corners and if placed in the landscape buffers, said banners shall be placed behind the “shrub line” and not be attached to any trees. It should also be explained that current regulations are intended to prevent signs from moving and creating inordinate distractions or a cluttered appearance along a roadway corridor. The sign regulations (Ch. 4, Art. 4, Sec. 3) prohibit any signs that flutter or are animated, as well as specifically prohibit pennants and streamers. Therefore, the sign regulations are interpreted to require banners to be mounted so that they do not wave or move freely in the wind, and therefore preclude the use of a feather banner. Feedback from Two Local Businesses As directed, staff met with the operators of two businesses that brought this issue to the Commission, and who currently operate within the Marathon Music Center located on the west side of N. Congress Avenue in front of the Boynton Mall. Staff informed them of the current regulations and in particular, that banners may be displayed along Congress Avenue as well as mounted to the building façade. Staff also listened to their respective advertising objectives, and ideas for increasing the City’s sign provisions. Both operators have purchased a feather banner. Whereas one operator desires to place the banner along Congress Avenue, the other operator accepts the potential negative visual impacts of that location, and in contrast, prefers to display the banner at the northern property line which is along the mall entrance road. This same operator, after realizing the benefit to business activity from displaying the feather banner, desires to be allowed to display the feather banner year-round. The operator recognizes that too many banners simultaneously displayed would be a detriment to the streetscape, but opines that regulations could prevent that circumstance, as well as ensure equity between different businesses within a multi-tenant center. Comparable Banner Regulations Staff researched other codes to find that several comparable cities in the area allow banners to be temporarily displayed; however, most Cities sampled limit this provision to the grand opening of a business and not a pre-existing business, and three of the seven codes researched allow “feather” banners. This information, in addition to the maximum display period and mounting restrictions, are summarized in the table below: Boca Delray Lantana Lake W. Palm WellingtonJupiter Raton Beach WorthBeach Only until New New New Non-profits New New Allowed? permanent businesses businesses, businesses, businesses businesses sign is holiday community or or special or special installed, or period, or special event, event. event. for special special or end of event. event. business sale. 1 1 3 2 4 per street 1 1 Max. No. frontage 32 sq.ft. 50 sq.ft. 24 sq.ft. 12 sq.ft. 40 sq.ft. 12 sq.ft. 32 sq.ft. Max. Size: 60 days 4 weeks 14 days 15 days 37 days 7 days 14 days Duration: (eligible for 30-day ext.) 218 of 256 No No Yes No No Yes* Yes Feather Banner?: Only Limited to Affixed to Not mounted Mounted Other placed twice / year. light poles, to to 2 posts Reqts. - on bldg, - Not attached to min. 5 ft. structure or or bldg, no utility poles or setback. landscaping. Not to higher landscaping. Min. of 5’ plants. than 15’. setback. Of the cities surveyed, West Palm Beach allows the greatest display period, which totals 67 days (37 days plus a 30-day extension option), and Boca Raton allows 60 days. Other Information and Observations Code History – This section of the Land Development Regulations remained unchanged for many years, and allowed a new business to display a fixed banner for a maximum period of 90 days, and allowed an existing business to display a banner for a maximum of 14 days (essentially allowing for the promotion of one or two sales events per calendar year). In early 2009, the City Commission amended these regulations to allow existing businesses the same 90-day display period as new businesses, and the ordinance adopting these amendments was only in effect for 1 year. As no measureable impacts upon the city were realized during this test period, these standards were re-adopted within the LDR Rewrite in December of 2010; Observation – The current banner provisions for new and existing businesses appears to be under-used. Staff conducted a very simple “windshield” survey of selected corridors with a concentration of commercial businesses to find very few businesses displaying a permitted banner. It is not known whether this circumstance is due to the lack of familiarity with the City’s sign provisions, or if such permitted “static” banners are not as visible and therefore not worth the effort required to obtain the banner and necessary approvals; Observation – In the few areas viewed by staff, more feather banners were observed being displayed than the standard, code-compliant static banners; Observation – Various methods of attracting attention to businesses was observed, and most techniques are contrary to the City’s sign regulations. Two of the most visible methods include window advertising, commercial vehicle signage, and other forms of signage including snipe signs and small “A”-frame signs. Window signage is the most visible form of advertising, and examples include New York Carpet and Tile and Cort Furniture stores. Window signage is allowed by the new LDR; and even encouraged to create the traditional storefront image; however, window signage is limited to either 20% or 3 square feet of the window area, depending on the location of the window in proximity to the business entrance, and is not intended to be large enough to be visible to passing motorists. As for vehicle signage, vehicles were observed being parked intentionally within spaces located nearest to the street. The new LDR also prohibits the parking of such vehicles with visible signage, within 25 feet from the front property line for more than 4 hours within a 24-hour period; and Permit activity – Development Department records indicate that 10 businesses have been issued one or more banner permits during the past 6 months. Alternatives 219 of 256 Option #1: Status quo – The relatively low use of the City’s banner permit option may not justify a change in current regulations, leaving the type of banner and duration of display to a properly mounted static banner and 90 days, respectively. Option #2: Increase display period – This could be done for either a temporary test period similar to Ordinance 09-13 which “sunsetted” after 1 year, or without a sunsetting provision. The display period could be increased to a period desired by the Commission, whether it be for 180 days (the doubling of the current 90-day display provision), or for a greater period. A variation of this could be to maintain the current standard of 90 days, but as a base period that may be extended for additional periods (i.e. 30-day increments with a corresponding fee for each extension). Option #3: Allow feather banners – This scenario would only include a simple code amendment allowing the feather banner in addition to the current static banner, but without any change in the maximum display period. Given the uncertainty of the magnitude of use and visual impacts upon the streetscape, staff would recommend that such an amendment be evaluated for a period of 1 year, as a checkpoint for determining impacts and benefits, and the net value of such provisions. As an option, the adopting ordinance could contain a sunsetting clause so that it naturally expires unless there are no negative findings and extended by separate action by the Commission. However, by introducing signs which are now allowed some movement, caution should be given to the exact wording, the terms and definitions, and prohibitions to maintain the integrity and defensibility of the City’s sign regulations. Option #4: Allow feather banners w/density limit – To address the concern regarding possible proliferation of banners and a degraded streetscape, the City could include in the amendments a density limit so that only a set number of banners are simultaneously allowed on a given property (e.g. based on linear street frontage). This would require the establishment of a rather arbitrary standard such as a maximum of 1 or 2 banners per 300 feet of street frontage. Under this standard, and without a limit on parcels with multiple frontages, the Marathon Music Center would be allowed either 3 or 6 banners at any one time (the northern boundary is approximately 600 feet and the eastern boundary along Congress Avenue is 295 feet). In addition to this center, the frontage dimensions for other properties in the area, along with anticipated banner allowances, are as follows: 4 Business/Property Frontage (ft.) 1 per 300 ft. 2 per 300 ft. 295/600 3 5 Marathon Music Ctr 215 1 1 Brus Room 294 1 1 Toys R Us 170 1 1 Olive Garden 279 1 1 U-Haul 157 1 1 KFC (west store) 1 519 1 1 Dick’s 22 1 1,700 Mall 5/1 10/1 3 4,500 15 30 Sports Auth./B&N 1 - . Old Boynton Road frontage only 2 – If the Mall is construed to be a single property/owner, then only one (1) may be allowed per frontage. 3 - Includes 3 frontages. 1 frontage is appx. 1,500 ft. or 5 banners. 4 - 1 per property minimum regardless of dimension of frontage; 1 per single occupant parcels; not to exceed 1 / 300 ft. for multiple tenant properties. Shall not exceed the total business on the property. 220 of 256 Of course this option operates on the principle of first-come, first-served. It would also include a provision that allows 1 banner per single-occupant properties, regardless of linear frontage. Other notable aspects of this option include the increase in the complexity of the City’s monitoring process, the increased competition for banner permits during holiday or other commonly recognized days of the year, a positive impact on permit revenues, and the increased obligation to conduct site inspections. The owner of the Marathon Music Store recommended that the duration for displaying banners be unrestricted, and that the issue of equity be handled through a rotational provision in the regulations. Meaning, if the maximum banners are permitted, the next banner permit application filed with the City is placed in a queue in the order of it being received, which would then “bump” the displayed banner that has been displayed the longest. The banner that is bumped can then be the subject of a new application and be placed in the queuing sequence (and so on). This option would represent a further intensification of the City’s administrative and enforcement processes, and possibly result in the permanent display at the streetscape of waving banners of various colors and shapes. Recommendation If the Commission desires to increase the advertising mechanisms and visibility for businesses, while minimizing the overall potential impacts on the streetscape and to staff recommends that the sign regulations be amended to consider the following: 11. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height standards and type of banners allowed and discouraged; 12. Establishment of a density standard to set a limit on the number of banners to be simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage); Optionally, because this provision could represent a net reduction in total 13. banners allowed at any one time (compared to current regulations), the density limit could be written to only apply to those banners placed adjacent to the roadway, and all other banners would either be required to be placed a maximum distance from the roadway or property line and subject to a separate density ratio) ; 14. Currently prohibited signs and provisions that allow limited sign movement; 15. A minimum of 1 banner would be allowed regardless of linear frontage; 16. The maximum display period remains at 90 days; 17. A sunsetting provision to ensure the impacts are monitored and ordinance extended only if minimal negative effects and net benefit to the area businesses; 18. Impacts on visibility particularly at intersections and driveways, and on views to traffic or pedestrian signage, bus stops, transportation information signage, emergency signage, or to other signage or information that is intended to direct or inform the public; 19. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and restrictions regarding uniform size and design, location, and pedestrian scale and purpose; 20. Needed amendments to the application fee schedule to account for anticipated increases in processing and monitoring time and costs. As indicated above, staff would evaluate the impacts and benefits from the subject amendments over the first 12 months, and advise the Commission as to whether the ordinance should sunset or be extended. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 221 of 256 FI: The magnitude of increase in temporary banner permit revenues is difficult to ISCAL MPACT estimate, and would vary depending on the ultimate action taken. A: As described in the above staff analysis. LTERNATIVES 222 of 256 13. B LEGAL November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-121 - Confirm via EQUESTED CTION BY ITY OMMISSION resolution single community redevelopment area operational boundaries for transmission to Palm Beach County Property Appraiser. ER: In 1983 the City Commission, pursuant to the provision of the Florida XPLANATION OF EQUEST Community Redevelopment Act of 1969, created the Boynton Beach Community Redevelopment Agency. The City Commission subsequently designated a Community Redevelopment Area which has been added to from time to time as the result of annexation of County enclaves. The Community Redevelopment Area is generally described as 1,650 acres along the eastern edge of the City of Boynton Beach bordered on the east by the Intracoastal Waterway, on the west by (variably) Old Dixie Highway- rdth SE 3 Street- West Industrial Avenue and NE 4 Street, on the north by the City’s jurisdiction boundary and on the south by the City’s jurisdiction boundary. These boundaries were described in City Ordinance 00-59. At the time the Community Redevelopment Area was first described, enclaves of unincorporated Palm Beach County were located within or adjacent to the larger general CRA boundary area. Over the years annexation of the enclaves resulted in the County pockets being included within the general boundaries of the CRA. In 2008, the City Commission adopted Ordinance 08-026 which restated the Ordinance 00-59 boundaries of the Community Redevelopment Area to address property inclusion issues raised by the Palm Beach County Property Appraiser. Ordinance 08-026 confirmed the City’s intent that all property within the Community Redevelopment Area, including enclaves that were annexed was being operated as a single Community Redevelopment Area. The Ordinance also allows for additional inclusion of post adoption annexations. 223 of 256 The Community Redevelopment Agency has always operated as a single agency (as that term is defined in s. 166.336, Florida Statutes) with jurisdiction over all redevelopment activity within the Community Redevelopment Area. Neither the City nor the Community Redevelopment Agency has ever identified individual parcels added to the original boundaries as separate community redevelopment areas. Each year, the City is required to complete and file a Tax Increment Adjustment Worksheet on forms designed by the State of Florida. The information is reported to the Palm Beach County Property Appraiser who uses the information to calculate the transfer of ad valorem property tax revenue the City must pay to the CRA. The form was recently revised by the State and requires reporting in a way as to suggest that the City has seven (7) CRA areas rather than one Community Redevelopment Area. The total amount of tax revenue the City would owe to the Community Redevelopment Agency would be higher by approximately $232,000 for FY 2011-12 if the City had multiple CRA areas to report as opposed to one area with one base year taxable value. A letter from the City Manager and the Executive Director of the CRA was sent to the Property Appraiser on August 4, 2011 future explaining the reporting issue. A copy is attached. The purpose of this Resolution is to clarify the City has but one (1) Community Redevelopment Agency and one (1) Community Redevelopment Area and to eliminate any misconception that the County enclaves added from time to time to the CRA area, operate as separate community redevelopment areas. The boundary map attached as Exhibit “A” to this Resolution depicts the Community Redevelopment Area as it exists on the date of this resolution and is consistent with the metes and bounds description of the Community Redevelopment Area described in Ordinance 08-026. Copies of the Ordinances referenced above are attached. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: $232,000 as noted above for FY 2011-12 ISCAL MPACT A: None LTERNATIVES 224 of 256 225 of 256 226 of 256 227 of 256 228 of 256 229 of 256 230 of 256 231 of 256 232 of 256 233 of 256 234 of 256 235 of 256 236 of 256 237 of 256 238 of 256 239 of 256 240 of 256 241 of 256 242 of 256 243 of 256 244 of 256 245 of 256 246 of 256 247 of 256 248 of 256 249 of 256 250 of 256 251 of 256 252 of 256 14. A FUTURE AGENDA ITEMS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review three (3) alternate proposals for leasing, EQUESTED CTION BY ITY OMMISSION construction and maintenance of a billboard on property owned by the City - 11/15/11 ER: Pursuant to the Settlement Agreement dated October 5, 2001, XPLANATION OF EQUEST Wilton Manors Street Systems, Inc. will be presenting three (3) alternate proposals to the City in regards to the leasing, construction and maintenance of a billboard they want to erect on the th City owned property known as Rolling Green located at 515 NW 15 Ave., Boynton Beach, FL. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 253 of 256 14. B FUTURE AGENDA ITEMS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review process and timeline for the sale of City owned EQUESTED CTION BY ITY OMMISSION real property - three sites - 11/15/11 ER: At the October 4, 2011 City Commission meeting the City XPLANATION OF EQUEST Commission directed staff to list three parcels of city owned land for sale: High Ridge Site, Fire Station #2 site and Leisureville site. Staff will prepare a process timeline and cost estimate of the process and present to the Commission at the November 15, 2011 Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 254 of 256 14. C FUTURE AGENDA ITEMS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Commission appointed five-member review committee EQUESTED CTION BY ITY OMMISSION recommendation on the renaming of Veterans' Bicentennial Park. 12/6/11 ER: Per Ordinance No. 06-078, the City Commission appoints a five- XPLANATION OF EQUEST member committee to review the recommendation and the committee will forward their recommendation back to the Commission for final approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: New signage will need to be placed at the newly renamed park. Anticipate ISCAL MPACT cost not to exceed $1,000. A: N/A LTERNATIVES 255 of 256 14. D FUTURE AGENDA ITEMS November 1, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 1, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - TBD 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 256 of 256