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Agenda 09-07-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, SEPTEMBER 7, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 220 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. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers B. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers C. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation of Donald L. Scantlan, Jr., a regular member of the Veterans Advisory Commission. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with 3 of 220 all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes of the Regular City Commission meeting held on August 17, 2010. B. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. PROPOSED RESOLUTION NO. R10-113 C. - Approve and authorize signing of an Agreement for Water Service outside the city limits with Carlos E. Nunez and Hilda M. Nunez for the property at 1180 Highview Rd, Lantana, FL. PROPOSED RESOLUTION NO. R10-114 D. - Approve and authorize execution of three Well Drilling/Sampling Agreements with the U. S. Geological Survey for the installation of sampling wells at Hester Park, Congress Avenue Park and the Links at Boynton Beach. PROPOSED RESOLUTION NO. R10-115 E. - Approve the temporary road closing of Federal Highway on December 4, 2010 for the Holiday Parade and authorize the City Manager (or designee) to apply for state permits for the temporary road closure. F. Award the Bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL-OFFS" Bid #057-2510-10/JMA to Iron Container of Miami, Florida as the lowest, most responsive, responsible bidder who met all specifications with an estimated annual expenditure amount of $60,000 for the bid award period of September 2, 2010 to September 1, 2011. PROPOSED RESOLUTION NO. R10-116 G. - Approve the execution of the MOA with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. allowing BBFRD paramedics to participate in the Senior Immunization Outreach Project. PROPOSED RESOLUTION NO. R10-117 H. - (1) Approve an agreement with Mangrove Benefit Services, Inc. to provide Flexible Spending Account (FSA) Administration, a benefit plan arrangement that allows employees to pay for certain health care and dependent care expenses on a pre-tax basis and (2) authorize the establishment of required disbursement accounts and related signatories to process payments. PROPOSED RESOLUTION R10-118 I. - Approve Addendum to the Agreement with American Traffic Solutions "ATS". 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R10-119 A. - Approve an annual service agreement with Motorola, Inc. in the amount of $132,570.72 for the continued maintenance and repair of the city's radio telecommunications system. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 4 of 220 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. Review electric consumption data for government agencies located at or nearby the Links at Boynton Beach, a City of Boynton Beach municipal golf course located in Palm Beach County. B. Discuss and approve format changes to the agenda template for future City Commission meetings. 11. FUTURE AGENDA ITEMS A. Construction Management At Risk Process (September 21, 2010) B. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) C. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 10-020 - SECOND READING A. -- Approve Dry Cleaners in Mixed Use (CDRV 10-006) amending the Land Development Regulations Chapter 1, Article II Definitions to add a definition for dry cleaners, and Chapter 2. Zoning, Sections 6.F. and 6.H. to allow dry cleaners within all mixed use districts and requiring conditional use approval if they clean or launder clothing on-premises. Applicant: City initiated 14. UNFINISHED BUSINESS PROPOSED RESOLUTION NO. R10-120 A. - Approve an interlocal agreement with Palm Beach County for Ethics Commission Oversight. 5 of 220 PROPOSED ORDINANCE NO. 10-021 - FIRST READING - Amending the City of Boynton Beach Code of Ordinances Article I, by creating Section 2-25, to be entitled "Code of Ethics", incorporating by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. 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 220 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 1st Budget Public Hearing & Adoption of Proposed FY EQUESTED CTION BY ITY OMMISSION 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 7 of 220 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Public Hearing & Adoption of Final FY 2010-2011 Annual EQUESTED CTION BY ITY OMMISSION Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 8 of 220 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 2nd Budget Public Hearing & FINAL Adoption of FY 2010- EQUESTED CTION BY ITY OMMISSION 2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 9 of 220 5. A ADMINISTRATIVE September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Donald L. Scantlan, Jr., a regular EQUESTED CTION BY ITY OMMISSION member of the Veterans Advisory Commission. ER: A letter was received August 16, 2010 from Donald L. Scantlan, Jr. XPLANATION OF EQUEST resigning as a regular member from the Veterans Advisory Commission due to his recent appointment as a regular member of the Financial Advisory Committee. (Exhibit A) On April 20, 2010 the City Commission approved that an individual could sit on one board and then only as an alternate on another. (Exhibit B). H? The Veterans Advisory Commission will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacancy for one regular member. FI: None ISCAL MPACT A: None LTERNATIVES 10 of 220 11 of 220 12 of 220 5. B ADMINISTRATIVE September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS 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 13 of 220 14 of 220 15 of 220 6. A CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes of the Regular City Commission EQUESTED CTION BY ITY OMMISSION meeting held on August 17, 2010. ER: The City Commission met on August 17, 2010 and minutes were XPLANATION OF EQUEST prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 16 of 220 17 of 220 18 of 220 19 of 220 20 of 220 21 of 220 22 of 220 23 of 220 24 of 220 25 of 220 26 of 220 27 of 220 28 of 220 29 of 220 30 of 220 31 of 220 32 of 220 33 of 220 34 of 220 35 of 220 36 of 220 37 of 220 6. B CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as EQUESTED CTION BY ITY OMMISSION submitted by Public Works/Fleet Maintenance and allow for the auction of the same. ER : Procurement Services has received twenty-three (23) items on the XPLANATION OF EQUEST “SURPLUS VEHICLE/EQUIPMENT LIST” that was submitted by the Public Works/Fleet Maintenance Division (see attached listing). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be auctioned by the City’s approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission’s review, evaluation, and approval to sell the items on the Surplus Vehicles/Equipment List. H? The disposal of Surplus Vehicles/Equipment OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FI : The revenues generated from the sale of the Surplus Vehicles/Equipment will be ISCAL MPACT placed in the Fleet Maintenance Fund in the following account: Revenue Account: Account Description: 501-0000-365-01-00 Sale of Surplus Vehicles/Equipment A: To hold Public Auction with staff which has been done in the past but, after expenses, LTERNATIVES it was not in the best interest of the City. 38 of 220 39 of 220 6. C CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-113 - Approve and EQUESTED CTION BY ITY OMMISSION authorize signing of an Agreement for Water Service outside the city limits with Carlos E. Nunez and Hilda M. Nunez for the property at 1180 Highview Rd, Lantana, FL. ER: The parcel covered by this agreement includes a single-family home XPLANATION OF EQUEST located in the unincorporated Palm Beach County area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by the County a few years ago. (See location map). Water service areas have been designated between the County and the various local utilities. We are required to provide water to anyone within our service area when requested. Customers outside the City limits pay an additional 25% surcharge. H? A Water distribution main has been completed OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FI: None ISCAL MPACT A: None. This parcel is within the Utilities service areas. LTERNATIVES 40 of 220 RESOLUTION NO. R10-113 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CARLOS E. NUNEZ AND HILDA M. NUNEZ.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 1180 Highview Road, Lantana, Florida (PCN: 00-43-45-09-09-000-1780); and WHEREAS , the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County; and WHEREAS , water service has been designated between the county and the various local utilities; and WHEREAS , a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Carlos E. Nunez and Hilda M. Nunez, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA 41 of 220 ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 42 of 220 43 of 220 44 of 220 45 of 220 46 of 220 47 of 220 48 of 220 49 of 220 50 of 220 51 of 220 52 of 220 53 of 220 6. D CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10- 114 - Approve EQUESTED CTION BY ITY OMMISSION and authorize execution of three Well Drilling/Sampling Agreements with the U. S. Geological Survey for the installation of sampling wells at Hester Park, Congress Avenue Park and the Links at Boynton Beach. ER: The U. S. Geological Survey (USGS) is conducting a water quality XPLANATION OF EQUEST project that will describe the water-quality conditions by testing for nutrients, pesticides, volatile organic compounds, trace elements and radionuclides in groundwater in selected areas of the United States. The testing wells will be approximately 20 feet deep and 2 inches in diameter. The well will be flush with the ground with a 4 inch cast iron lid surrounded by an 18 inch square concrete pad. The drilling will take place soon after the execution of the agreement. Initial testing will begin in early 2011 and inspections will occur each year about the same time. In seven years, the USGS will revisit the well to collect another water sample. This process will continue for the next 7 to 8 years with the conclusion of the program in 2027. The USGS will be responsible for the maintenance and repair of the well H? This project will not affect City programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services. The wells are located away from public use. FI: There is no fiscal impact. ISCAL MPACT A: Not to allow the USGS to drill the wells. LTERNATIVES 54 of 220 RESOLUTION R10-114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK OF THREE WELL DRILLING/SAMPLING AGREEMENTS WITH THE U.S. GEOLOGICAL SURVEY FOR THE INSTALLATION OF SAMPLING WELLS AT HESTER PARK, CONGRESS AVENUE PARK AND THE LINKS AT BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,the U.S. Geological Survey (USGS) is conducting a water quality project that will describe the water-quality conditions by testing in selected areas of the United States; and WHEREAS, the drilling will take place shortly after the execution of the agreement and initial testing will begin in early 2011 with inspections occurring each year about the same time; and WHEREAS , this process will continue for the next 7 to 8 years with the conclusion of the program in 2027; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the three Well Drilling/Sampling Agreements with the U.S. Geological Survey for the installation of sampling wells at Hester Park, Congress Avenue Park and the Links at 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 of the City of Boynton Beach, Florida does hereby authorize and approve execution by the City Manager and City Clerk of the three (3) , Well Drilling/Sampling Agreements with the U.S. Geological Survey for the installation of sampling wells at Hester Park, Congress Avenue Park and the Links at Boynton Beach, copies of which are attached hereto as Composite Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. 55 of 220 PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 56 of 220 57 of 220 58 of 220 59 of 220 60 of 220 61 of 220 62 of 220 63 of 220 64 of 220 65 of 220 6. E CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 07, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-115 - Approve the EQUESTED CTION BY ITY OMMISSION temporary road closing of Federal Highway on December 4, 2010 for the Holiday Parade and authorize the City Manager (or designee) to apply for state permits for the temporary road closure. ER: Approve the temporary road closing on December 4, 2010 for the Holiday XPLANATION OF EQUEST Parade and authorize the City Manager (or designee) to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. H? The annual Holiday Parade is scheduled to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES take place on Saturday, December 4, 2010 at 5 p.m. traveling north on Federal Highway in the southbound lane. It will be necessary to temporarily close Federal Highway beginning at 2:30 p.m. on December 4, 2010 from Boynton Beach Boulevard south to Woolbright Road to provide for the safety of the participants and citizens who attend this event. Pursuant to Chapter 14-65, Florida Administrative Code, the Florida Department of Transportation requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a Resolution authorizing the special event. The permit for the temporary road closing will be denied without the Resolution. FI: None. ISCAL MPACT A: Cancel the annual Holiday Parade. LTERNATIVES 66 of 220 RESOLUTION NO. R 10 -115 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TEMPORARY CLOSING OF FEDERAL HIGHWAY ON DECEMBER 4, 2010, FOR THE ANNUAL HOLIDAY PARADE AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR STATE PERMITS FOR THE TEMPORARY ROAD CLOSING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Boynton Beach’s annual Holiday Parade is scheduled to be held on Saturday, December 4, 2010 at 5:00 p.m.; and WHEREAS , in order to provide for the safety of the participants and citizens attending the Holiday Parade, Federal Highway will be required to be closed from Boynton Beach Boulevard south to Woolbright Road beginning at 2:30 p.m.; and WHEREAS, the Florida Department of Transportation requires the local government to authorize all temporary road closures on state roadways; and WHEREAS , the City Commission of the City of Boynton Beach desires to authorize the temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road on December 4, 2010, to provide for the safety of the participants and citizens attending the Holiday Parade; and WHEREAS, the City Manager is authorized to apply for the permit for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach authorizes the temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road commencing at 2:30 p.m. on Saturday, December 4, 2010, for the annual Holiday Parade. Section 3. The City Manager is hereby authorized to apply for permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida Administrative Code, for said temporary closings. Section 4. That this Resolution will become effective immediately upon passage. 67 of 220 PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – Marlene Ross _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 68 of 220 69 of 220 6. F CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the Bid for "ANNUAL SUPPLY OF METAL EQUESTED CTION BY ITY OMMISSION CONTAINERS AND ROLL-OFFS" Bid #057-2510-10/JMA to Iron Container of Miami, Florida as the lowest, most responsive, responsible bidder who met all specifications with an estimated annual expenditure amount of $60,000 for the bid award period of September 2, 2010 to September 1, 2011. ER: On July 22, 2010, Procurement Services opened and tabulated XPLANATION OF EQUEST three (3) bids. All bids were reviewed by the Solid Waste Manager. It was determined to recommend this award to Iron Container of Miami as the lowest, most responsive, responsible . bidder The provision of this bid will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of Metal Containers(dumpsters) and Roll-offs used throughout the City on an as need basis for commercial and/or multi-residential accounts for the collection of refuse. The containers that will be purchased during the next fiscal year will be front-load dumpster containers only. Our current inventory of roll-off containers is more than adequate at this time and due to the construction slow down it is not anticipated to purchase any roll-off containers during the next fiscal year. The primary purchase will be for front-load dumpsters that are used throughout the City at commercial and multi-family units. There are over 800 commercial accounts with over 1,000 dumpsters in use. In addition these containers are used for recycling which is anticipated to grow due to the new State mandate to increase recycling. 70 of 220 Attached is a current inventory of all metal containers. This inventory is for both front load dumpsters and roll-off containers. It shows both categories by size and how many are active and how many are in inventory. FI: Estimated annual expenditure is $60,000, charged to budget account number ISCAL MPACT 431-2515-534-64-19 of the Solid Waste Fund. The estimated annual expenditures have been reduced when compared to previous fiscal years expenses. In budget year 2008-09 we spent $110,000 all of which was to purchase front load containers. In the current budget year we have spent $65,000 on front load containers with no additional purchases expected. We currently have a metal container repair contract which allows us to repair roll-offs on an emergency basis as well as re-bottom front load containers for reuse. Our commercial/multi- family front load business has been remarkably stable and containers for our customers are essential. We have done everything possible to keep this expense to a bare minimum. A: Not to purchase any new containers therefore hampering our ability to provide LTERNATIVES our customers with the services that is requested or obtain quotes on an “as needed” basis which would not be cost effective. 71 of 220 The City of Boynton Beach Finance Department WAREHOUSE DIVISION Tim Howard, Assistant to the TO: Director of Finance FROM: Larry Quinn, Solid Waste Manager DATE: August 2, 2010 SUBJECT: Metal Containers & Roll-Offs #057-2510-10/JMA I reviewed the tabulation sheet sent from your office. It is my recommendation to award the bid to Iron Container of Miami Florida as the lowest, most responsible bidder. Last year’s expenditures were $60,000. This year’s expenditures will be an estimated $60,000. The award period will be from September 2, 2010 thru September 1, 2011, with a one (1) year renewal option based on the criteria in the bid. The account number for these purchases to be charge to is 431-2515-534-64-19 in both the FY09/10 and FY10/11 budget. 72 of 220 73 of 220 74 of 220 75 of 220 76 of 220 6. G CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 09/07/2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-116 - Approve the EQUESTED CTION BY ITY OMMISSION execution of the MOA with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. allowing BBFRD paramedics to participate in the Senior Immunization Outreach Project. ER: Renew the Memorandum of Agreement with the Area XPLANATION OF EQUEST Agency on Aging (AAA) of Palm Beach/Treasure Coast, Inc. The goal of the AAA’s Senior Immunization Outreach Project is to reduce mortality and morbidity among the 60 and older population from vaccine preventable diseases by increasing the number of seniors who receive influenza, pneumococcal and tetanus vaccines. This agreement will continue to allow Boynton Beach Fire Rescue Department paramedics the ability to provide the aforementioned vaccines to the residents of the City of Boynton Beach, at no cost, as we have for the previous seven years. H? The Senior Immunization Outreach OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Project is designed to provide these preventative vaccines to our senior citizens over the age of 60 who do not have health care insurance and/or access to the health care system. It is a wonderful service for the fire department to provide this portion of our population with vaccines they may otherwise not have the opportunity to receive. FI: None ISCAL MPACT A: Not renew the agreement, thus not participating in the Senior Immunization LTERNATIVES Outreach Project for the period of 2010-2013. 77 of 220 RESOLUTION NO. R10- 116 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE MEMORANDUM OF AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE (3) YEAR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC., ALLOWING THE BOYNTON BEACH FIRE RESCUE DEPARTMENT TO PARTICIPATE IN THE SENIOR IMMUNIZATION OUTREACH PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the goal of the Area Agency on Aging (AAA) Senior Immunization Outreach Project is to reduce mortality and morbidity among the 60 and older population from vaccine preventable diseases; and WHEREAS, this three (3) year Agreement will allow Boynton Beach Fire Rescue Department the ability to provide vaccines to the residents of the City of Boynton Beach at no cost as has been done for the previous seven years; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve the Memorandum of Agreement and authorize the City Manager to execute the Memorandum of Agreement between the City and the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. NOW THEREFORE BE IT ORDAINED 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. Section 2. The City Commission of the City of Boynton Beach hereby approves the three (3) year Memorandum of Agreement and further authorizes the City Manager to execute the three (3) year Memorandum of Agreement allowing the Boynton Beach Fire Rescue Department paramedics to participate in the Senior Immunization Outreach Project, a copy of the Memorandum of Agreement is attached hereto as Exhibit “A”. 78 of 220 Section 3. This Resolution shall become effective immediately upon adoption and passage by the City Commission. PASSED AND ADOPTED this ____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA _______________________________________ Mayor – Jose Rodriguez _______________________________________ Vice Mayor – Marlene Ross _______________________________________ Commissioner – William Orlove _______________________________________ Commissioner – Woodrow L. Hay _______________________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 79 of 220 80 of 220 81 of 220 82 of 220 6. H CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-117 - (1) Approve EQUESTED CTION BY ITY OMMISSION an agreement with Mangrove Benefit Services, Inc. to provide Flexible Spending Account (FSA) Administration, a benefit plan arrangement that allows employees to pay for certain health care and dependent care expenses on a pre-tax basis and (2) authorize the establishment of required disbursement accounts and related signatories to process payments. ER: Mangrove Benefit Services (Mangrove) is recommended to replace XPLANATION OF EQUEST the current FSA provider, AFLAC. The City’s benefit consultant, Willis of Florida requested quotes for Flexible Spending Account Administration with a debit card option. Of the three (3) quotes received (Exhibit 1), Mangrove was selected based on their scope of services and competitive proposal. Approval is requested for the Flexible Spending Account Administration Agreement (Exhibit 2) and for Finance to set-up a required FSA bank account for disbursements and a collateral account for payments to Visa merchants. Mangrove’s Agreement is for an initial three (3) year term. The Agreement will automatically renew for successive one (1) year terms unless canceled by either party in accordance with the Agreement. Flexible spending accounts offer significant tax advantages to both the employee and the City. Employees do not pay federal income or FICA taxes on the salary they contribute to a health care FSA Plan. The City, in turn, saves money as we do not pay matching FICA (7.65%) and FUTA taxes on employee contributions to the Plan because employees' taxable incomes are reduced by the amount of the contribution to the Plan. A health care FSA, which allows employees to pay co-payments and deductibles with tax-free dollars, can help employees shoulder their share of the financial burden. 83 of 220 Health care expenses that may be reimbursed through a health care FSA are those that are excludable from gross income under tax code Section 213, and are not reimbursable under any other health plan coverage. This could include expenses for deductibles and co-insurance payments, medical expenses, dental expenses, prescription drugs, chiropractic services, vision expenses, hearing devices and psychiatric/psychologist's fees not covered by insurance. Participating employees will receive a pre-funded “Benny Visa Debit Card” in the amount of each employee’s annual Healthcare FSA contribution election. Employees can use the debit card to pay for eligible health care expenses not covered by insurance. Each use automatically draws down on the member’s annual contribution pre-funded in the card. The debit card is designed to work at eligible provider locations such as health care providers, pharmacies, chiropractors, dental and vision offices. H? There will be little impact to City programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services. There will be an open enrollment period in September 2010 for employees to make their elections to be effective October 1, 2010. FI: There is a one-time set-up fee of $495 with funds are available in Human ISCAL MPACT Resources FY 2009/10 budget. For FY 2010/11, an Administrative Fee of $4.25 per employee per month or a minimum monthly service charge of $175 ($2,100 annually) will be funded in account 001-1610-513-49- 17, Other Contractual Services. A: Select Ceridian or Infinisource and pay greater set-up, administration and LTERNATIVES renewal fees. 84 of 220 RESOLUTION NO. R10-117 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH MANGROVE BENEFIT SERVICES, INC., TO PROVIDE FLEXIBLE SPENDING ACCOUNT (FSA) ADMINISTRATION; AUTHORIZING THE ESTABLISHMENT OF A REQUIRED DISBURSEMENT ACCOUNTS AND RELATED SIGNATORIES TO PROCESS PAYMENTS; PROVIDING AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach desires to authorize the City Manager to execute an Agreement with Mangrove Benefit Services, Inc., to provide flexible Spending Account administration for a benefit plan that allows employees to pay for certain health care and dependent care expenses on a pre-tax basis; and WHEREAS , the City Commission of the City of Boynton Beach desires to authorize the establishment of required disbursement accounts and related signatories to process payments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve authorize the City Manager to execute an Agreement with Mangrove Benefit Services, Inc., to provide flexible Spending Account administration for a benefit plan that allows employees to pay for certain health care and dependent care expenses on a pre-tax basis. 85 of 220 Section 3.The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to execute such documents as are necessary to establish disbursement accounts and related signatories to process payments. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 86 of 220 87 of 220 88 of 220 89 of 220 90 of 220 91 of 220 92 of 220 93 of 220 94 of 220 95 of 220 96 of 220 97 of 220 98 of 220 6. I CONSENT AGENDA September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION R10-118 - Approve EQUESTED CTION BY ITY OMMISSION Addendum to the Agreement with American Traffic Solutions "ATS". ER: XPLANATION OF EQUEST The City entered into an Agreement with ATS in 2009 to implement a red light camera enforcement program in the City pursuant to City Ordinance 08-034. However, during the 2010 legislative session, Laws of Florida Chapter 2010-80 (“State Law”) was enacted, which created a State Law Program for the use of cameras by local governments to enforce red light violations. As a result of the State Law, it was necessary for the City to amend its ordinance and implement the red light camera enforcement program pursuant to the State Law. This resulted in the recent adoption of Ordinance 10-015. It also became necessary to amend the current agreement with ATS since the scope of services and the compensation structure changed as a result of the State Law. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The City will be able to enforce red light violations with unmanned equipment, which should improve the safety of the intersections and make limited police resources available for other uses. FI: ISCAL MPACT 99 of 220 The City will recover revenue from the violations issued as a result of the cameras installed pursuant to the Agreement with ATS. Under the State Law, the City will receive $75 for each paid violation. Under the Addendum, the City is responsible for paying ATS a monthly fee for each approach enforced with the cameras. The monthly fee paid to ATS is dependent on the number of lanes in an approach. The fees are: 1 or 2 lane approaches: $3,750 3 or 4 lane approaches: $4,750 5 or 6 lane approaches: $5,750 In addition, for each uniform traffic citation sent by ATS, they will charge the City $4.00. Traffic citations are sent when a registered owner does not timely pay the fee when he or she received a notice of violation from the City. Because the program has not yet operated, it is not possible to determine at this time the number of citations that will need to be sent, and therefore the additional mailing costs that will be payable to ATS. The projected Fiscal Year 2010-2011 net revenue from the paid violations after payment of fees to ATS as noted above is approximately $600,000 for an assumed nine (9) month operational period in the fiscal year beginning January 1, 2011. Any delay in the installation and operation of the cameras will reduce the net revenues. A: LTERNATIVES The City Commission can elect not to enter into the Addendum, in which case Ordinance 10- 015 could not be implemented at this time. Then, the alternative actions include: 1. Not moving forward with the Program at this time. 2. Directing City Administration to proceed through a competitive selection process for the Program. 3. Directing City Administration to negotiate further with ATS based upon specific concerns raised by the City Commission. Alternatives 1 and 2 would include terminating the existing agreement with ATS due to the change in state law. 100 of 220 RESOLUTION R10-118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK OF AMENDMENT NO 1 TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,in 2009, the City entered into an Agreement with American Traffic Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to City Ordinance 08- 034; and WHEREAS , as a result of State Law enacted during the 2010 Legislative Session, it was necessary for the City to amend its ordinance and implement the red light camera enforcement program pursuant to the State Law; and WHEREAS , it was also necessary for the City to amend its Agreement with ATS since the scope of services and the compensation structure changed as a result of the State Law; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk to execute the document. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve execution by the City Manager and City Clerk of the Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. 101 of 220 PASSED AND ADOPTED this ___ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 102 of 220 103 of 220 104 of 220 105 of 220 106 of 220 107 of 220 108 of 220 109 of 220 110 of 220 111 of 220 112 of 220 113 of 220 114 of 220 115 of 220 116 of 220 117 of 220 118 of 220 119 of 220 120 of 220 121 of 220 122 of 220 123 of 220 124 of 220 125 of 220 126 of 220 7. A BIDS AND PURCHASES OVER $100,000 September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 7 September 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-119 - Approve an EQUESTED CTION BY ITY OMMISSION annual service agreement with Motorola, Inc. in the amount of $132,570.72 for the continued maintenance and repair of the city's radio telecommunications system. ER: The City’s Communications Center maintains a radio XPLANATION OF EQUEST telecommunications system that provides the Police Department, Fire/Rescue Department and elements of local government with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and infrastructure that require continued monitoring and maintenance to insure operational readiness at all times. Each year since 2001, the City has entered into an annual maintenance agreement with Motorola to provide for monitoring and diagnostic services along with the replacement or repair of defective infrastructure, computer equipment, radio repair and upgrades as required. The cost for services of this year’s proposed contract is $132,570.72 and reflects a $6,105.60 decrease from last year’s $138,676.32 contract as the re-banding process included the acquisition of new Motorola radios, and this year the communications center was equipped with new Motorola consoles which are covered under warranty. H? The service agreement ensures that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public safety and local government units are able to maintain radio communications which is critical to the provision of services to the community. Radios are mission critical to the public safety function. The maintenance contract is required to ensure continued operation of the system, and the new equipment is warranted by Motorola. If the current system is not maintained another system would have to be purchased and the warranties voided as a result of being serviced by another entity. Maintenance of this system 127 of 220 can only be accomplished by Motorola who holds the source codes to all of the telecommunications equipment and computer interfaces. With the completion of the rebanding process and purchase of new Motorola equipment, we are committed to renewing the contract for the foreseeable future. In addition, to be eligible to receive 12-50 monies from Palm Beach County, the City of Boynton Beach must certify that:  The City Of Boynton Beach is interoperable with the Intergovernmental Communications (ICP) system by virtue of connectivity to the Palm Beach County Smart Zone switch which is serviced by and equipped with Motorola technology.  The City of Boynton Beach currently has a maintenance agreement with Motorola, who is responsible for the system maintenance and repair and can provide 24 hour, 365 day repair services. FI: Budget item from the 2010-2011 fiscal year in the Communications Center ISCAL MPACT account number 1810-519.46-24. A: None since the purchase of new Motorola equipment, we are committed to LTERNATIVES renewing the contract for the foreseeable future. Not to enter into the agreement with Motorola would require the acquisition of another system at increased costs to the city. 128 of 220 RESOLUTION NO. R 10 -119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC., PROVIDING FOR THE MAINTENANCE OF THE RADIO SYSTEM FOR A TWELVE (12) MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $132,570.72; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, each year since 2001, the City has entered into an annual maintenance agreement with Motorola to provide for monitoring and diagnostic services along with the replacement or repair of defective infrastructure, computer equipment, radio repair and upgrades as required; and WHEREAS , the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Service Agreement between the City of Boynton Beach and Motorola, Inc. for the maintenance of the radio system for a twelve (12) month period in an amount not to exceed $132,570.72, a copy of said Agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 129 of 220 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ ATTEST: Commissioner – Steven Holzman _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 130 of 220 131 of 220 132 of 220 133 of 220 134 of 220 135 of 220 136 of 220 137 of 220 138 of 220 139 of 220 140 of 220 141 of 220 142 of 220 143 of 220 144 of 220 145 of 220 146 of 220 147 of 220 148 of 220 149 of 220 150 of 220 151 of 220 152 of 220 153 of 220 10. A CITY MANAGER’S REPORT September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review electric consumption data for government EQUESTED CTION BY ITY OMMISSION agencies located at or nearby the Links at Boynton Beach, a City of Boynton Beach municipal golf course located in Palm Beach County. ER: At the request of the City Commission, City staff has continued its XPLANATION OF EQUEST research regarding the viability of the placement solar arrays on the City’s closed and abandoned landfill (40 acres land in total available) for the purpose of power generation. The initial vision is one that contemplates placement of a sufficient number of solar panels that could provide power to the following government properties; 1. City of Boynton Beach Municipal Golf Course (The Links) 2. Palm Beach County Parks 3. Palm Beach County Fire Rescue 4. Park Vista High School To that end, at staff’s request, FPL has provided consumption data as outlined on the attached spreadsheet. This analysis shows that an average of around 4,200 KWH of energy is consumed on a daily basis with the peak demand topping at around 5,600 KHW. Staff estimates peak demand at 233 KW of power. Based upon staff estimates, it may be possible to construct approximately 100,000 SF of solar panels to generate this capacity. Estimated cost of panel construction only would likely be in the range of $10M. This cost does not include necessary transmission lines, battery capacity (costly as well), or connection components to the FPL grid as examples. Staff also cautions that these calculations are made by City Staff. We wish to make it well known that we are not electrical engineers. Therefore further professional refinement and analysis is obviously warranted. 154 of 220 In addition to construction aspects of this project, it is necessary to have FPL be a willing partner in this endeavor and State regulatory parameters would have to either be amended or the project modified to conform with current regulations (Issues related to Utility creation). These too are matters that must be given considerable thought. Lastly, assuming that all regulatory constraints are resolved and FPL becomes intimately involved, we must still identify a funding mechanism. Up front capital expenses would likely be considerable. Assuming that funding could be identified, it would also be necessary to determine the payback period. Essentially, we would need to know how many years must the solar panels operate such that they produce total overall costs less than what would have been paid to FPL for energy for the same time period. This analysis too is beyond staff capability and should be included in any future contractual services. H? Unknown OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Unknown ISCAL MPACT A: Continue to use FPL as a power source. Seek other uses for the City’s landfill. LTERNATIVES 155 of 220 156 of 220 157 of 220 10. B CITY MANAGER’S REPORT September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss and approve format changes to the agenda EQUESTED CTION BY ITY OMMISSION template for future City Commission meetings. ER: At the August 3, 2010 City Commission meeting, Commissioner XPLANATION OF EQUEST Orlove suggested changes be made to the Commission agenda so that Section 14, Unfinished Business, would be considered prior to Section12, New Business at all subsequent meetings. There was consensus that the Commission would discuss and consider changes to the agenda format for future meetings. The agenda template is the Agenda Item Request Form utilized for every agenda item placed in EasyAgenda. Meeting dates are set up in EasyAgenda for three-month intervals. Once those meeting dates are established, staff is unable to change the template. The vendor must spend a tremendous amount of time and effort to accomplish those template changes. Therefore, if it is the decision of the City Commission that the template be changed as recommended by Commissioner Orlove, staff recommends those changes be approved at this time before the October, November and December meeting dates are added to the EasyAgenda program. H? There would be no impact on City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES programs or services, but may allow the meetings to run more efficiently for the benefit of the public and the Commission. 158 of 220 FI: There are no additional costs charged by R&S Integrated for changing the ISCAL MPACT agenda template sequence or adding sections for changes to be made at this time. A: Allow the agenda to continue in the same format. LTERNATIVES S:\CC\WP\EasyAgenda Items\Agenda Items\2010\Template changes1.doc 159 of 220 11. A FUTURE AGENDA ITEMS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Construction Management At Risk Process (September EQUESTED CTION BY ITY OMMISSION 21, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 160 of 220 11. B FUTURE AGENDA ITEMS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 161 of 220 11. C FUTURE AGENDA ITEMS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 162 of 220 11. D FUTURE AGENDA ITEMS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 163 of 220 13. A LEGAL September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-020 - SECOND EQUESTED CTION BY ITY OMMISSION READING -- Approve Dry Cleaners in Mixed Use (CDRV 10-006) amending the Land Development Regulations Chapter 1, Article II Definitions to add a definition for dry cleaners, and Chapter 2. Zoning, Sections 6.F. and 6.H. to allow dry cleaners within all mixed use districts and requiring conditional use approval if they clean or launder clothing on-premises. Applicant: City initiated ER: Request approval for proposed amendments to the Land XPLANATION OF EQUEST Development Regulations, specifically to Chapter 1, Article II Definitions by adding a definition for “dry cleaner” and “dry cleaning plant”, and to modify Chapter 2. Zoning, Sections 6.F. (Table 6F-1) and 6.H. (Table 6H-1) to allow dry cleaners within all mixed use districts, and requiring conditional use approval if they clean or launder clothing on-premises. A dry cleaner is a permitted use in the SMU zoning district, provided that it operates without cleaning or laundering clothing or garments on-site. Dry cleaners are prohibited from doing these types of activities on-site where located in the SMU zoning district and all other mixed use zoning districts. The proposed code amendment however, would create a definition for dry cleaners and allow cleaning and laundering activities on the premises for establishments located within mixed use districts, contingent upon conditional use approval. This will allow for a thorough analysis of each application, utilizing the conditional use review criteria to provide the ability to impose any necessary conditions on the approval, in order to maintain use compatibility. Staff recommends eliminating the prohibition of cleaning or laundering on-site for establishments located in mixed use districts, and that the conditional use process should be required, to ensure that any required exterior modification or alteration would have little or no adverse impact or conflict with existing architectural design and quality. The conditional use 164 of 220 process will also help to ensure that dry cleaners and neighboring residences can co-exist since applicants will be required to specifically address general compatibility issues, such as refuse, hazards, odors, and noise. Furthermore, a maximum size limitation on these types of facilities (2,000 square feet) will help prevent the growth or conversion of each store to a more intense or unintended use. The Planning & Development Board reviewed this request and forwards to the Commission with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request LTERNATIVES 165 of 220 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-048 TO: Chair and Members Planning & Development Board THRU: Ed Breese Principal Planner FROM: Eric Lee Johnson, AICP Planner II DATE: July 20, 2010 SUBJECT: CODE REVIEW / CDRV 10-006 Request approval for proposed amendments to the Land Development Regulations Part III LDR, specifically to Chapter 1, Article II Definitions by adding a definition for dry cleaner and dry cleaning plant, and to modify Chapter 2. Zoning, Sections 6.F.4 Table 6F-1 and H.3 Table 6H-1 by allowing dry cleaners within all mixed use districts, and requiring conditional use approval if they clean or launder clothing on-premises. NATURE OF REQUEST The consideration for this amendment has been prompted by the inquiry of a potential tenant who is interested in operating a dry cleaner establishment within the SMU zoning district. A dry cleaner is a permitted use in the SMU zoning district, provided that it operates without cleaning or laundering clothing or garments on-site. Dry cleaners are prohibited from doing these types of activities on-site where located in the SMU zoning district and all other mixed use zoning districts. The proposed code amendment however, would create a definition for dry cleaners and allow cleaning and laundering activities on the premises for establishments located within mixed use districts, contingent upon conditional use approval. This will allow for a thorough analysis of each application, utilizing the conditional use review criteria to provide the ability to impose any necessary conditions on the approval, in order to maintain use compatibility. ANALYSIS Dry cleaners are allowed within most commercial zoning districts (e.g., C-3 Community Commercial; C-4 General Commercial), and they are allowed within all mixed use districts. In the mixed use districts however, on-site cleaning or laundering of clothing / garments is prohibited; dry cleaning establishments located in commercial districts are not encumbered with such a restriction. With respect to the historical context of zoning districts in the City, the ordinances that created the mixed use districts are relatively new compared to the original commercial district regulations. Much of the emphasis of these new mixed use regulations focused on increasing residential densities, commercial intensities, and building height; reducing setbacks; enhancing building aesthetics; discouraging vehicular intensive uses; and promoting a pedestrian environment. The restriction placed against on-site cleaning or laundering activities for properties within mixed use districts was based, in part, on the following: 1) untested and unproven mixed use regulations and staff’s uncertainty with the resulting development pattern subsequent to project completion; 2) the perception that dry cleaning activities could be disruptive to 166 of 220 neighboring residential units with machine noise and chemicals; and 3) concern about the size and frequency of delivery trucks. One of the biggest criticisms of the dry cleaning process is the use of the solvent perchloroethylene (PERC). PERC is a volatile organic compound (VOC) that can pose health risks and threaten the environment. Traditionally, dry cleaners have used PERC in their operation. Advances in technologies in the garment care industry however, have resulted in more environmentally-friendly solutions. For example, the use of liquid carbon dioxide in the dry cleaning process is a safer and healthier alternative. According to Green America, a not-for-profit organization founded in 1982, the liquid carbon dioxide cleaning is a method that uses pressurized liquid CO2 in place of PERC, in combination with other cleaning agents. CO2 is a nonflammable and nontoxic gas that occurs naturally in the environment. It becomes a liquid solvent under high pressure. While CO2 is a main greenhouse gas, no new CO2 is generated with this technology, so it does not contribute to global warming, according to Peter Sinsheimer, Director of the Pollution Prevention Center at Occidental College. Liquid CO2 companies recapture the CO2 that’s already a by-product of several manufacturing processes, and they then recycle it into the liquid solvent for cleaning clothes. Additionally, liquid silicone is another alternative to using PERC in the dry cleaning process. Liquid silicone, which was patented by GreenEarth Cleaning, is a type of solvent that has received high praise from the International Fabricare Institute – IFI (the leading trade association for garment care and dry cleaning). Another green technology utilized in the industry, wet cleaning, is actually an adaptation of a past cleaning method. Wet cleaners utilize washing machines, biodegradable soaps and conditioners, and various types of pressing and re-forming equipment that may be specialized for many different fabric and fiber types. In partnership with the Environmental Protection Agency (EPA), a case study called Design for the Environment revealed that “presently, wet cleaning cannot completely replace traditional dry cleaning due to adverse effects on certain fabrics and dyes, primarily acetates, satins, and gabardines.” As a result, many businesses employ a combination of dry cleaning and wet cleaning methods. An interview was conducted recently with an owner of a dry cleaner establishment known to City staff, which revealed the following information: The size of establishments that conduct on-site cleaning and laundering activities are typically 1,400 square feet to 1,500 square feet. Establishments may utilize an array of hardware, including but not limited to dry clean machines, wet clean machines, and pressing machines. Fans are needed in order to comply with ventilation requirements. Such fans can be located on the roof or on sides of buildings, and holes can be punched through building sides and ceilings in order to accommodate the fans. Typical fan heights range from 18-24 inches and can ventilate approximately 22,000 cubic feet per minute (cfm). Delivery trucks come once a week for about 15 minutes each time. Deliveries can be made in both the front and rear of the store, provided there are points of ingress / egress. Chemical waste generated by the establishment is regulated by the Florida Department of Environmental Protection (FDEP). The waste is collected using keg-sized containers and removed from the premises by licensed hazardous waste haulers. Establishments typically generate two (2) containers of waste every six (6) to 10 weeks. Waste hauler trucks are there for about a half-hour each time they visit. Dry cleaners that conduct cleaning or laundering activities on the premises are required to comply with 167 of 220 ventilation regulations of the Florida Building Code. In order to comply, operators are typically required to install fans outside the building, either on the sides or on the roof. Staff has concerns that the installation of these fans may have an adverse impact on the appearance of the building. For example, if fans are placed on the roof of an existing structure, the design professionals would have to draw plans and provide calculations demonstrating the roof could support the additional load. Also, some type of screening mechanism may be needed to conceal the fans from adjacent properties. CONCLUSION Staff understands the potential tenant desires to open a “green” establishment, employing the use of liquid silicone in its dry cleaning process, in combination with the wet cleaning method. Both processes are described above, and staff understands these methods of cleaning to be safer and cleaner than PERC, and that the tenant’s description of being “green” is accurate. With respect to delivery trucks, the property manager describes the proposed business as “a small neighborhood scale ‘retail’ operation with customers dropping off and picking up their dry cleaning directly from the store, rather than a larger commercial / regional or distribution type of operation. The tenant does not have plans to service any other drop off locations at this time, but if in the future this becomes a possibility, we anticipate that the only associated external activity would be a single van drop off in the morning around 9:00am and a van pickup at 4:00pm (serviced from behind the store).” According to the tenant, “we anticipate delivery / truck impacts to actually be less than would be expected from other already permitted retail / commercial uses within the zoning district.” Staff concurs with this description and anticipates that most dry cleaning establishments would have similar traffic. Therefore, staff recommends eliminating the prohibition of cleaning or laundering on-site for establishments located in mixed use districts, and that the conditional use process should be required, to ensure that any required exterior modification or alteration would have little or no adverse impact or conflict with existing architectural design and quality. The conditional use process will also help to ensure that dry cleaners and neighboring residences can co-exist and be compatible with each other, since applicants will be required to specifically address general compatibility issues, such as refuse, hazards, odors, and noise. Furthermore, a maximum size limitation on these types of facilities will help prevent the growth or conversion of each store to a more intense or unintended use. PROPOSED AMENDMENTS Chapter 1, Article II Definitions: DRY CLEANER – An establishment that dry cleans or launders articles of clothing and garments that are deposited on the premises directly by the customer. The cleaning and / or laundering of articles of clothing / garments may occur either on or off the premises. The business is small-scale and not intended to perform as a dry cleaning plant. DRY CLEANING PLANT – An establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort. These establishments are typically not open to the general public and primarily cater to a commercial and / or industrial clientele. Chapter 2. Zoning, Section 6.F.4 Table 6F-1: USE GROUP MU-L1 MU-L2 MU-L3 MU-H 6,86,86,86,8 Dry Cleaner P P P P 168 of 220 6 Must be integrated into a mixed use building or development. 8 On-site drop-off and pick-up only is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed 2,000 square feet. Chapter 2. Zoning, Section H.3 Table 6H-1: USE GROUP SMU ZONE 2,4 Dry Cleaner P 2 Must be integrated into a commercial or mixed use development and any single business, not to shall not exceed 30 percent of the gross floor area of the mixed use development. 4 On-site drop-off and pick-up only is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed 2,000 square feet. RECOMMENDATION Staff recommends that the proposed interim amendments to Land Development Regulations be approved, and that the proposed future zoning use matrix be amended to correspond with the Commission’s action. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 10-006 Dry Cleaner Mixed Use Districts\Staff Report.doc 169 of 220 ORDINANCE 10-____ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, "LAND DEVELOPMENT REGULATIONS", ARTICLE II OF CHAPTER 1. “GENERAL PROVISIONS”, TO ADD A DEFINITION FOR DRY CLEANERS AND DRY CLEANING PLANT AND AMENDING CHAPTER 2. "ZONING", SECTIONS 6F AND 6H TO ALLOW DRY CLEANERS WITHIN ALL MIXED USE DISTRICTS AND REQUIRING CONDITIONAL USE APPROVAL; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, a dry cleaner is a permitted use in the SMU zoning district, provided that it operates without cleaning or laundering clothing or garments on-site; and WHEREAS, the proposed amendment would create a definition for dry cleaners and dry cleaning plants and allow cleaning and laundering activities on the premises for dry cleaning establishments located within mixed use districts, contingent upon conditional use approval; and WHEREAS, staff recommends eliminating the prohibition of cleaning or laundering on-site for establishments located in mixed use districts and that the conditional use process be required to ensure that any required exterior modification or alteration would have little or no adverse impact or conflict with existing architectural design and quality; and WHEREAS, a maximum size limitation of 2,000 square feet on these types of facilities will help prevent the growth or conversion of each store to a more intense or unintended use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", Chapter 1, "General Provisions", of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Article II. “Definitions” to add the following two new terms and definitions: DRY CLEANER – An establishment that dry cleans or launders articles of clothing and garments that are deposited on the premises directly by the customer. The cleaning and / or 170 of 220 laundering of articles of clothing / garments may occur either on or off the premises. The business is small-scale and not intended to perform as a dry cleaning plant. DRY CLEANING PLANT – An establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort. These establishments are typically not open to the general public and primarily cater to a commercial and / or industrial clientele. Section 3 That Part III, "Land Development Regulations", Chapter II, "Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Section 6F.4 Table 6F-1 that reads as follows: Chapter 2. Zoning, Section 6.F.4 Table 6F-1: USE GROUP MU-L1 MU-L2 MU-L3 MU-H 6,86,86,86,8 Dry Cleaner P P P P 8 On-site drop-off and pick-up only is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed 2,000 square feet. Section 4. That Part III, "Land Development Regulations", Chapter II, "Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by amending Section 6H.3 Table 6H-1 that reads as follows: Chapter 2. Zoning, Section 6H.3 Table 6H-1: USE GROUP SMU ZONE 2,4 Dry Cleaner P 2 Must be integrated into a commercial or mixed use development and any single business, not to shall not exceed 30 percent of the gross floor area of the mixed use development. 4 On-site drop-off and pick-up only is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed 2,000 square feet. 171 of 220 Section 5. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 7. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 8. This Ordinance shall be effective immediately after adoption by the City Commission. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 172 of 220 PASSED FIRST READING this ___ day of __________, 2010. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2010. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Jose Rodriguez _________________________________ Vice Mayor – Marlene Ross _________________________________ Commissioner – William Orlove _________________________________ Commissioner – Woodrow L. Hay _________________________________ Commissioner – Steven Holzman ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 173 of 220 14. A UNFINISHED BUSINESS September 7, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 7, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-120 - Approve an EQUESTED CTION BY ITY OMMISSION interlocal agreement with Palm Beach County for Ethics Commission Oversight. PROPOSED ORDINANCE NO. 10-021 - FIRST READING - Amending the City of Boynton Beach Code of Ordinances Article I, by creating Section 2-25, to be entitled "Code of Ethics", incorporating by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. ER: The City Commission authorized the City Attorney and the City Manager XPLANATION OF EQUEST to work with the new Ethics Commission of Palm Beach County to ascertain the procedure for an earlier participation in the Ethics Commission in advance of the November 2010 referendum. The City Attorney and City Manager met with County staff on Monday, August 23, 2010 to review the program and operation of the Ethics Commission and the Inspector General. The proposal from the County would be only for Ethics Commission participation. If the City Commission authorizes the Interlocal agreement, we would not be subject to the Inspector General’s oversight. The County has determined that municipal participation in that aspect of the program must wait until it is determined that the referendum passes in November. Even then, it is anticipated that the conversion process to place municipalities under the IG’s office won’t occur until March 2011 at the earliest. The reason for this is that the fee structure for municipal participation must be developed in cooperation with the League of Cities. This means that if the City opts to join the Ethics Commission in September, there will be no cost to the City for their services. Q&A on the next page. 174 of 220 1. How does the contract fee collection system work? Comment: This item is on hold until after the referendum and will be negotiated with the cities as a group via League of Cities. The contract fee program funds the Inspector General Office not the Ethics Commission. 2. What type of contracts are covered for the fee collection and what are exempt? Comment: See #1 3. What training resources are available for Boynton Beach? Comment: The full-training resources of the Ethics Commission will be available to the City at no cost. 4. How does the training and filing requirements for elected officials work? Comment: The County filing process parallels the state system. Copies of the elected official’s state report are filed with the County. 5. What reports are required of them? Frequency? Comment: The current quarterly gift form that is filed with the state (if there is a gift over $100) continues with a copy to the County. 6. How does the ordinance affect advisory board members? Is there a filing and training requirement for them? Comment: Yes. Advisory Board members, commission and staff will be required to take the ethics training and certify same. There will also be an annual reporting requirement for those advisory board members and staff that currently do not have to file the state ethics form. This will probably be effective October 2011. 7. How does the ordinance affect staff? Is there a filing requirement for them? Comment: See answer to #6 8. Who is required to take the training and certify completion? Comment: All elected officials, all advisory board members and all staff. The Ethics Commission will develop and deliver the training to all. There may be the ability to do the training on-line. 9. How does the lobbyist registration process work? 175 of 220 Comment: This is on hold until after the referendum. Most likely, there will be a county wide registration system that could be an effective replacement to local registration programs. 10. What filing or reports are required of a municipality to the County under the terms of the ordinance? What is the frequency of any such report? Comment: This will likely be developed after the referendum and will mainly be a reporting mechanism for city issued contracts that would be subject to the fee collection system for the IG Office. 11. What areas of the ordinance have caused difficulty in terms of administration of the code and impact? Will there be changes? Comment: The main areas of concern were addressing secondary employment of staff, clarifying what constituted a conflict for an advisory board member and business dealings they might have with the county and smoothing out the waiver process if there was a conflict declared for a county advisory board member. 12. Is the CRA Automatically included? Comment: No. Steps would need to be included in the mutual approval process to include the CRA specifically. This is recommended by City staff. In response to an earlier briefing to the City Commission, the following additional questions were asked by a member of the City Commission: 1) What exactly will this Commission be reviewing? As stated on the Ethics Commission web site: The Ethics Commission receives and investigates complaints and is charged with enforcement of the Palm Beach County Code of Ethics, Lobbyist registration and Post Employment Ordinances. The commission also issues advisory opinions to county officials, employees and others subject to its jurisdiction such as county vendors, lobbyists and their employers. The Ethics Commission will perform the same functions for municipalities that consent by agreement to allow the Ethics Commission to perform those functions. 2) Who will be making decisions, since the inspector general is not going to part of the equation? Advisory opinion can be issued by the Executive Director to the Ethics Commission if the facts involve issues substantially similar to previous advisory opinions. In other cases, the Ethics Commission itself will review and issue the opinion. 3) What, if any, law will this commission be utilizing to make decisions? 176 of 220 The Palm Beach County Code of Ethics, which is currently codified in Article XIII of Chapter 2 of the Palm Beach County Code. 4) What, if any, difference will there be in the process between what exists now and this commission? The process for obtaining opinions and for the investigation and determination of violation of ethical standards is currently performed by the Florida Commission on Ethics. The Florida Commission has offices in Tallahassee. The procedures for obtaining opinions and for investigation of allegations of ethical breach are substantially the same under the State and County regulations. Proximity and expedience may be the primary distinguishing factors. The Palm Beach County Ethics Commission will also provide local training of City officials, employees and advisory board members. 5) What if any previous decisions, edict, etc will this commission be using to make its decision, if they will be making any? Great weight will be given to the State CEO opinions when the language of the County Ethics Code mirrors the State Ethics Code. Where there is similarity, the Ethics Commission will also looked to the state CEO for guidance. No state opinion is binding on the Ethics Commission, but apparently to date, the Ethics Commission has given some weight to relevant state interpretations. In preparing advisory opinions the Executive Director has advised that he will routinely check the state database of opinions for their interpretation of the issues and include relevant interpretations in the analysis. He will also examine attorney general opinions and appellate court decisions. 6) Finally, and most importantly, please describe exactly what this commission will be doing, what they expect from the city, what process is in place? I want to know exactly what we are potentially agreeing to? Once an Agreement is entered into, City officials, employees and Advisory Board Members will be required to comply with the County Ethics Code and will be subject to the jurisdiction of the Ethics Commission. The City will be required to cooperate with the ethics training required by the County. With the exception of the loss of work time By City employees for training, there is no charge for the training. The City will also be obligated to cooperate in the investigatory stage. This will include providing records and allowing access to the Ethics Commission investigatory personnel. The ILA grants the Ethics Commission these powers: (A) The Commission on Ethics shall have the authority to: (1) review, interpret, render advisory opinions and enforce the Code of Ethics, Post-employment 177 of 220 and lobbyist registration ordinances; (2) investigate legally sufficient complaints within the jurisdiction of the Commission on Ethics and conduct public hearings as provided by the Commission on Ethics ordinance; and (3) develop and deliver, or contract with other entities to develop and deliver training programs and ensure that effective and meaningful training experiences are delivered in a timely and efficient manner. (B) The Commission on Ethics shall have the power to conduct investigations, and receive full and unrestricted access to the records of the Public Entity, all elected and appointed Public Entity officials and employees, Public Entity departments, divisions, agencies and instrumentalities, contractors and other persons and entities doing business with the Public Entity and/or receiving Public Entity funds regarding any such contracts or transactions with the Public Entity. (C) In the case of a refusal to obey a request for documents or for an interview, the Commission on Ethics shall have the power to subpoena witnesses, administer oaths, and require the production of records in a manner consistent with section 162.08 Florida Statutes. The Commission on Ethics shall not interfere with any ongoing criminal investigation or prosecution of the State Attorney or the U.S. Attorney for the Southern District of Florida. (D) Where the Commission on Ethics suspects a possible violation of any state, federal or local law, or rule, regulation or policy, the Executive Director or designee shall notify the appropriate civil, criminal or administrative agencies. In the case of a possible violation of a rule, regulation or policy governing a Public Entity employee, the Executive Director or designee shall also notify the governing body of the Public Entity and the head of the Department for which the employee works. (E) The Commission on Ethics shall have the power to require officials and employees to participate in ethics training on a regular basis. (F) The Commission on Ethics’ “hotline” will receive complaints related to Public Entity operations. The Public Entity will support and assist the Commission on Ethics in publicizing the “hotline” and encouraging the reporting of ethics violations by local citizens, officials and employees. (G) The Commission on Ethics may exercise any of the powers contained in the Commission on Ethics Ordinance upon its own initiative. (H) With the exception of the initial complaint filed in a matter, all records held by the Commission on Ethics and its staff related to an active preliminary investigation are confidential and exempt from disclosure in a manner consistent with the provisions in s. 112.3188(2) Florida Statutes. (I) The Commission on Ethics and its staff shall be considered “an appropriate local official” of the Public Entity for purposes of whistleblower protection provided by s. 112.3188(1), Florida Statutes. (J) The Commission on Ethics may recommend remedial actions and may provide prevention and training services to Public Entity officials, employees, and any other persons covered by this Agreement. The Commission on Ethics may follow up to determine whether recommended remedial actions have been taken. (K) The Commission on Ethics shall monitor the costs of investigations undertaken. The Commission on Ethics shall cooperate with other 178 of 220 governmental agencies to recover restitution from other entities involved in willful misconduct in regard to Public Entity funds. (L) In any case in which the Commission on Ethics determines that the complaining party filed a frivolous or groundless complaint as defined in s. 57.105 Florida Statutes, or a complaint with malicious intent and with the knowledge that the complaint contains material false allegations, the commission shall order the complaining party to pay any costs and attorneys fees incurred by the commission and/or the alleged violator. (M) The Commission on Ethics will maintain a website and all required databases including gift reports, lobbyist expenses (after 2011), enforcement decisions and advisory opinions. (N) The Commission on Ethics shall annually prepare and publish a written report concerning the work and activities of the Office of Commission on Ethics. 7) Please list the other cities that are speaking with them, and all other cities that have decided to take a pass. Lantana is proceeding on adopting the necessary Interlocal agreements and is expected to join the Ethics Commission program in September. The City of Lake Worth has requested their staff to review early participation. The Village of Royal Palm Beach has also begun preliminary review via staff to staff. We have no information on any community that has decided to not pursue participation with the Ethics Commission following initial review. H? Please see answers to the above Q&A. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: There will be no financial impact to the City other than staff coordination ISCAL MPACT costs for the training. A: Do not proceed with the Interlocal agreement and the enabling ordinance at LTERNATIVES this time. 179 of 220 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY ALLOWING THE PALM BEACH COUNTY COMMISSION ON ETHICS TO EXERCISE THE AUTHORITY, FUNCTIONS AND POWERS GRANTED BY THE COMMISSION ON ETHICS ORDINANCE AS TO THE CITY’S OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Interlocal Agreement permits the City of Boynton Beach to participate in the Ethics Commission portion of the County program while not being subject to the Inspector General’s oversight; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Inlerlocal Agreement between the City of Boynton Beach and Palm Beach County allowing the Palm Beach County Commission on Ethics to exercise the authority, functions and powers granted to it by the Commission on Ethics Ordinance as to the City of Boynton Beach’s operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Agreement between the City of Boynton Beach and Palm Beach County allowing the Palm Beach County Commission on Ethics to exercise the authority, functions and powers granted to it by the Commission on Ethics Ordinance as to the City of Boynton Beach’s operations, a copy of said Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2010. 180 of 220 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 181 of 220 INTERLOCAL AGREEMENT This Interlocal Agreement (“Agreement”) is made on ____________________, 2010, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida ("Public Entity"), and Palm Beach County, a political subdivision of the State of Florida (“County”), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. W I T N E S S E T H WHEREAS , Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS , the Palm Beach County Commission on Ethics Ordinance (the Commission on Ethics Ordinance) permits the Commission on Ethics of Palm Beach County (“the Commission on Ethics”), subject to approval by the Board of County Commissioners, to negotiate agreements or memoranda of understanding with municipalities, special districts, and other public offices and entities, authorizing the Commission on Ethics to exercise any and all authority, functions and powers set forth in the Commission on Ethics Ordinance for the benefit of such Public Entity. WHEREAS, Public Entity wishes to have the Commission on Ethics exercise such authority, functions and powers for Public Entity’s benefit. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to have the Commission on Ethics exercise the authority, functions and powers granted by the Commission on Ethics Ordinance as to Public Entity’s operations. 182 of 220 Section 2. Representative/Monitoring Position The County’s representative/contract monitor during the term of this Agreement shall be Alan S. Johnson, Executive Director, whose telephone number is (561) 233-0724. The Public Entity’s representative/contract monitor during the term of this Agreement shall be Public Entity’s City Manager, Kurt Bressner, whose telephone number is (561) 742-6010. Section 3. Effective Date and Term This Agreement shall take effect upon execution of this Agreement by the Board of County Commissioners. This Agreement will then be in effect for one (1) year. This Agreement may be terminated by either party upon ninety (90) days written notice to the other party. In the event the County adopts countywide ethics regulations pursuant to its charter authority which supersede the ethics ordinances subject to this Agreement, this agreement will terminate upon the effective date of the countywide ethics regulations. Upon notice of termination by Public Entity or termination by superseding regulations, any ongoing Public Entity investigations being conducted by the Commission on Ethics pursuant to this Agreement shall continue until completed. Section 4. Responsibilities and Duties The Commission on Ethics shall exercise any and all authority, functions and powers provided for in the Commission on Ethics Ordinance and Code of Ethics Ordinance in regard to Public Entity’s operations. Those functions, authority and powers include the following:  The Commission on Ethics shall have the authority to: (1) review, interpret, render advisory opinions and enforce the Code of Ethics, (2) investigate legally sufficient complaints within the jurisdiction of the Commission on Ethics and conduct public hearings as provided by the Commission on Ethics ordinance; and (3) develop and deliver, or contract with other entities to develop and deliver training programs and ensure that effective and meaningful training experiences are delivered in a timely and efficient manner. 183 of 220 (B) The Commission on Ethics shall have the power to conduct investigations, and receive full and unrestricted access to the records of the Public Entity, all elected and appointed Public Entity officials and employees, Public Entity departments, divisions, agencies and instrumentalities, contractors and other persons and entities doing business with the Public Entity and/or receiving Public Entity funds regarding any such contracts or transactions with the Public Entity. (C) In the case of a refusal to obey a request for documents or for an interview, the Commission on Ethics shall have the power to subpoena witnesses, administer oaths, and require the production of records in a manner consistent with section 162.08 Florida Statutes. The Commission on Ethics shall not interfere with any ongoing criminal investigation or prosecution of the State Attorney or the U.S. Attorney for the Southern District of Florida. (D) Where the Commission on Ethics suspects a possible violation of any state, federal or local law, or rule, regulation or policy, the Executive Director or designee shall notify the appropriate civil, criminal or administrative agencies. In the case of a possible violation of a rule, regulation or policy governing a Public Entity employee, the Executive Director or designee shall also notify the governing body of the Public Entity and the head of the Department for which the employee works. (E) The Commission on Ethics shall have the power to require officials and employees to participate in ethics training on a regular basis. (F) The Commission on Ethics’ “hotline” will receive complaints related to Public Entity operations. The Public Entity will support and assist the Commission on Ethics in publicizing the “hotline” and encouraging the reporting of ethics violations by local citizens, officials and employees. (G) The Commission on Ethics may exercise any of the powers contained in the Commission on Ethics Ordinance upon its own initiative. 184 of 220 (H) With the exception of the initial complaint filed in a matter, all records held by the Commission on Ethics and its staff related to an active preliminary investigation are confidential and exempt from disclosure in a manner consistent with the provisions in s. 112.3188(2) Florida Statutes. (I) The Commission on Ethics and its staff shall be considered “an appropriate local official” of the Public Entity for purposes of whistleblower protection provided by s. 112.3188(1), Florida Statutes. (J) The Commission on Ethics may recommend remedial actions and may provide prevention and training services to Public Entity officials, employees, and any other persons covered by this Agreement. The Commission on Ethics may follow up to determine whether recommended remedial actions have been taken. (K) The Commission on Ethics shall monitor the costs of investigations undertaken. The Commission on Ethics shall cooperate with other governmental agencies to recover restitution from other entities involved in willful misconduct in regard to Public Entity funds. (L) In any case in which the Commission on Ethics determines that the complaining party filed a frivolous or groundless complaint as defined in s. 57.105 Florida Statutes, or a complaint with malicious intent and with the knowledge that the complaint contains material false allegations, the commission shall order the complaining party to pay any costs and attorneys fees incurred by the commission and/or the alleged violator. (M) The Commission on Ethics will maintain a website and all required databases including gift reports, voting conflict disclosures, final orders and advisory opinions. (N) The Commission on Ethics shall annually prepare and publish a written report concerning the work and activities of the Office of Commission on Ethics. Section 5. Funding and Budgeting by Public Entity All costs associated with the duties and responsibilities of the Commission on Ethics are funded 185 of 220 by The Palm Beach County Board of County Commissioners. County funding shall include all staff services and other resources to be provided in furtherance of this Agreement. Section 6. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: County Public Entity Section 7. Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. Section 8. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 9. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. Section 10. Remedies This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now 186 of 220 or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 11. Time of the Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Section 12. Equal Opportunity Provision Commission on Ethics and Public Entity agree that no person shall, on the grounds of race, color, religion, sex, age, national origin, ancestry, marital status, sexual orientation, gender identity and expression, or disability be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. Section 13. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 14. Severability In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. [The remainder of this page intentionally left blank] 187 of 220 Section 15. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. ATTEST PALM BEACH COUNTY, FLORIDA, THROUGH ITS BOARD OF COUNTY Sharon R. Bock, Clerk & Comptroller COMMISSIONERS By:_____________________________ By:_________________________________ Clerk __________________, Chair (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By:____________________________ By:_________________________________ County Attorney ________________, Commission on Ethics ATTEST: CITY OF BOYNTON BEACH, FLORIDA By:____________________________ By:_________________________________ Janet M. Prainito, MMC, Clerk Jose Rodriguez, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ James A. Cherof, City Attorney 188 of 220 ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH CODE OF ORDINANCES ARTICLE I, BY CREATING SECTION 2-25, TO BE ENTITLED “CODE OF ETHICS”; INCORPORATING BY REFERENCE THE PALM BEACH COUNTY CODE OF ETHICS INTO THE CITY’S CODE OF ORDINANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE . WHEREAS , the Board of County Commissioners of Palm Beach County, pursuant to its authority under Florida Constitution, Article VIII, Section 1(g), Section 125.01, Florida Statutes, the Palm Beach County Charter, and section 112.326, Florida, adopted the Palm Beach County Code of Ethics and created the Palm Beach County Commission on Ethics (Commission on Ethics); and WHEREAS, the Board of County Commissioners and the City of Boynton Beach desire to have the Code of Ethics regulations and the Commission on Ethics jurisdiction to apply to the City of Boynton Beach; and WHEREAS, the Board of County Commissioners and the City of Boynton Beach have entered into an Interlocal Agreement to provide services to the City of Boynton Beach in the same manner that as those services are provided to Palm Beach County as set forth herein; and WHEREAS, the City Commission of the City of Boynton Beach finds that adopting the Palm Beach County’s Code of Ethics is in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Article I, Section 2-25 of the City’s Code of Ordinances, to be entitled “Code of Ethics”, is hereby created as follows: Sec. 2-25 Code of Ethics The City of Boynton Beach hereby adopts by reference as its own the Palm Beach County Code of Ethics, Palm Beach County Code, Chapter 2, Article XII, sections 2-441 through 2- 443, section 2-444(c), (d), and (e), section 2-445 through section 2-448, and the Palm Beach 189 of 220 County Commission on Ethics, Palm Beach County Code, Chapter 2, Article V, Division 8, sections 2-254 through 2-260.10, as may be amended from time to time. Section 3. The Palm Beach County Code of Ethics and Commission on Ethics ordinances in existence as of the effective date of this Ordinance are hereby incorporated by reference and attached hereto as Exhibits 1 and 2 respectively. Section 4. All references to county government provided for in the Palm Beach County Commission on Ethics and Code of Ethics ordinances, including but not limited to county elected and appointed officials, county employees, county divisions and departments, shall be deemed as reference to the corresponding elected and appointed officers, divisions and departments of the City of Boynton Beach as appropriate to effectuate the intent of this Ordinance. Section 5. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 7. 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 8. This Ordinance shall become effective immediately. FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove 190 of 220 ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 191 of 220 192 of 220 193 of 220 194 of 220 195 of 220 196 of 220 197 of 220 198 of 220 199 of 220 200 of 220 201 of 220 202 of 220 203 of 220 204 of 220 205 of 220 206 of 220 207 of 220 208 of 220 209 of 220 210 of 220 211 of 220 212 of 220 213 of 220 214 of 220 215 of 220 216 of 220 217 of 220 218 of 220 219 of 220 220 of 220