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Agenda 02-07-12 SearchableThe City of Boynton 100 E. Boynton Beach Boulevard • (561) 742 -6000 TUESDAY, FEBRUARY 7, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor — At Large William Orlove Vice Mayor — District I Woodrow Hay Commissioner — District II Steven Holzman Commissioner — District II I Marlene Ross Commissioner — District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk AD DIST ICT IV IST IC I OLO BOYNTO ON 0E H 6LV a U DI TRI T/ I a a 3 DISTRI T I s 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 192 1. OPENINGS A. Call to order - Vice Mayor William Orlove Closed-door session to be held at 5:45 p.m., February 7, 2012, regarding Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased, Plaintiff v. Comcast IP Phone, LLC; Deltacom, Inc.; City of Boynton Beach and Palm Beach County, Case No. 50201 OCA026764XXXXM B, in the Circuit Court of the 15 Judicial Circuit in and for Palm Beach County, Florida. B. Invocation by Rabbi Michael C. Simon of Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove 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. Present Citation to Temple Beth Kodesh in celebration of their 36th anniversary serving the Boynton Beach Community. Accepting the citation is Rabbi Michael Simon who has been leading the Beth Kodesh Congregation since 2005. B. Announcement of Sunday Funday on Sunday, February 12, 2012. C. Announcement of the Ocean Avenue Concert for February 17, 2012 D. Announcement of the Heritage Celebration for February 18, 2012 E. Announcement of the Downtown Open Market on Sunday, February 26, 2012. F. Announcement of the Movies of the Ave film for March 2, 2012 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) 3 of 192 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Process for filling a Mayoral vacancy 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the final release of a Surety in the form of a $29,900 Performance Bond provided by the contractor, Fast Dry Courts, Inc. for a project known as Court Resurfacing at the City's Tennis Center. B. Approve the final release of a Surety in the form of a $51,669 Performance Bond provided by the contractor, Haverland Blackrock Corp., for a project known as Replacement of Grass at Little League Park. C. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation for the 3rd and 4th quarter 2011 D. Approve the minutes from the City Commission regular meeting held on January 17, 2012 E. Approve the minutes from the Joint City Commission /Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 (TABLED ON JANUARY 17, 2012) F. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for three (3) month period ended December 31, 2011. G. Approve the proposed monuments and /or benches commemorating: 1. U.S. Coast Guard & Auxiliary, 2. U.S. Marine Corps, 3. U.S. Army, 4. U.S. Navy, 5. U.S. Air Force, 6. Cuban Missile Crisis H. Accept this report from the Finance Department of the recent issuance of $45,895,000 Utility System Revenue Bonds, Series 2012 PROPOSED RESOLUTION NO. R12 -015 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for the FY 2012 -2013 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,500 should they become necessary 4 of 192 7. BIDS AND PURCHASES OVER $100,000 A. Approve an increase to the blanket purchase order ( #120370) to Sunbelt Hydraulics and Equipment from $24,999 to $100,000 as a sole source vendor purchase. B. Approve the annual purchase of ten (10) replacement vehicles as approved in the FY 2011/12 budget in the amount of $857,160, utilizing the Sheriff's Contract #11 -19- 0907 and the State Contract #071 - 000 -12 -1. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY # 4.1.3.1 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Authorize a settlement offer to lender for properties located at 118 and 124 NW 10th Avenue B. Recommend approval of negotiated settlement of $100,000 in Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased v. Comcast IP Phone, LLC; Deltacom, Inc.; City of Boynton Beach and Palm Beach County 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 12 -001 - FIRST READING - Request to conduct public hearing and approve the amendment of the Quantum Park DRI development order consistent with the Master Plan Modification (MPMD 12 -001) approved on December 6, 2011 to convert the land use options on Lot 75 from OI (Office and Industrial) to OIC (Office, Industrial and Commercial). Applicant: City- initiated. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED RESOLUTION NO. R12 -016 - Authorize Mayor to execute Quit -Claim Deed transferring property owned by the City to the Boynton Beach CRA 14. FUTURE AGENDA ITEMS 5 of 192 A. Staff report and recommendation regarding the proposed acquisition of property at the Boynton Beach Mall by a not - for - profit entity, as part of the zoning and fiscal study to be conducted pursuant to NOI # 2011 -01 - 2/21/12 B. Charter Review Committee Report - 3/6/12 C. Brand Promise Committee Report - 3/6/12 D. Arts Commission Annual Report- 3/6/12 E. Economic Development Program Update- 3/6/12 F. Update on City -owned property for sale- 3/6/12 G. Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 H. Update on In -house Medical Clinic- 3/20/12 Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742 -6060 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 192 WTI ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present Citation to Temple Beth Kodesh in celebration of their 36 anniversary serving the Boynton Beach Community. Accepting the citation is Rabbi Michael Simon who has been leading the Beth Kodesh Congregation since 2005. EXPLANATION OF REQUEST: Temple Beth Kodesh will be celebrating their 36 anniversary during February 10 -12, 2012. Activities begin with Friday evening services at 8:00 p.m. which will feature a guest speaker to be announced at a later date. Saturday morning services at 9:30 a.m. will honor past presidents. Both services will be followed by an oneg /Kiddush. And a gala dinner will be held on Sunday at 5:30 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow the presentation. 7 of 192 CITATION There's an old adage — wherever Jews live there must be a synagogue. In 1976 a small group of Jewish residents of Boynton Beach began to feel a great need for a synagogue in Boynton Beach. They began to meet in each other's homes and shortly thereafter a minyan was formed for daily services. In that same year Congregation Beth Kodesh was officially organized and incorporated to become the first conservative synagogue in Boynton Beach with 240 people attending the first Jewish High Holy Day services. As the number of worshipers grew, the Congregation moved into the Congregational Church in Boynton Beach where services were held until 1983 when the construction of Temple Beth Kodesh was completed. In 2004 Temple Beth Kodesh was devastated by Hurricanes Frances and Jeanne but through the tireless efforts of many, the building was completely restored and reopened for the 2005 High Holidays. Since 2005 under the leadership of Rabbi Michael Simon, Beth Kodesh continues to grow, attracting members from all areas of Palm Beach County and remaining a vibrant presence in the Jewish community. Temple Beth Kodesh has a proud history and looks forward to many more years of continued growth and service to the Boynton Beach community. During the weekend of February 10 -12, 2012, Beth Kodesh will celebrate its 36 anniversary. The past presidents will be honored during the Saturday morning services at 9:30 a.m. Those being honored are Leo Birdie, George Brindis, Fred Brown, Mike Friedland, Roy Haas, Irwin Hochman and Bob Rosenthal. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize with this Citation Temple Beth Kodesh on their 36 anniversary of service to the Boynton Beach Community In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 7th day of February, Two Thousand and Twelve. Attest: Janet M. Prainito, MMC City Clerk (Corporate Seal) Jose Rodriguez, Mayor 8 of 192 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of Sunday Funday on Sunday, February 12, 2012. EXPLANATION OF REQUEST: On Sunday, February 12, 2012, the Boynton Beach CRA will present Sunday Funday's at the Boynton Harbor Marina. The event will feature Police and Fire Department vehicles and other children's activities. This FREE event will take place from 1:00 PM to 4:00. Adults can enjoy live music and food and drinks provided by Two Georges Waterfront Grille. There is ample parking onsite, in the parking garage and at the NE corner of N. Federal Hwy. and Ocean Avenue. No pets please. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted in CRA line item 02 -58500 -480. ALTERNATIVES: 9 of 192 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the Ocean Avenue Concert for February 17, 2012 EXPLANATION OF REQUEST: On Friday, February 17, 2012, the Boynton Beach CRA will present an Ocean Avenue Concert, as part of the Heritage Celebration, featuring the R & B music of The New Horizon Band. This FREE concert will take place from 6:00 PM to 9:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Gourmet Food Trucks and Drinks will be on site for your dining pleasure. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets please. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget line item 02- 58500 -480 ALTERNATIVES: 10 of 192 19M I] ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the Heritage Celebration for February 18, 2012 EXPLANATION OF REQUEST: On Saturday, February 18, 2012, the Boynton Beach CRA and the "Heart O Boynton" committee will present the Heritage Celebration featuring the R & B music of Clinton Powell and the CP +3 Band. This FREE event will take place from 11:00 AM to 4:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Family friendly fun will include dance and chorus groups, a rock climbing wall, trackless train, bounce house and face painters. Gourmet and Ethnic Food Trucks and Drinks will be on site for your dining pleasure. Please bring your folding chairs or blankets. Parking onsite, no pets please. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget line item 02- 58500 -480 ALTERNATIVES: 11 of 192 K3111110 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the Downtown Open Market on Sunday, February 26, 2012. EXPLANATION OF REQUEST: On Sunday, February 26, 2012, the Boynton Beach CRA will present the Downtown Open Market at the Civic Center and the surrounding outdoor area. This FREE event will take place from 11:OOPM to 4:OOPM. and features handmade indie crafts, vintage goods, art and specialty pet items. Live music will be provided by Cricklewood and to add a little more excitement Gourmet Food Trucks will be on -site providing the food and drinks. There is ample FREE parking onsite. No pets or outside food or beverage HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted in line item 02 -58500 -480. ALTERNATIVES: 12 of 192 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the Movies of the Ave film for March 2, 2012 EXPLANATION OF REQUEST: On Friday, March 2, 2012, the Boynton Beach CRA and the City of Boynton Beach will present a Movies on the Ave film screening, featuring MONEYBALL PG -13. This FREE event will take place from 7:00 PM to 9:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Gourmet Food Trucks (GTE) will be on -site for your dining pleasure. Please bring your folding chairs or blankets. Parking onsite, no pets please HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget — line item 02 -58500 -480. ALTERNATIVES: 13 of 192 5. A ADMINISTRATIVE February 7, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 7, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for 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. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. 14 of 192 APPOINTMENTS FOR FEBRUARY 7, 2012 Appointment Length of Term To Be Made Board Expiration Date I Orlove Arts Commission Mayor Rodriguez Arts Commission IV Ross Bldg. Bd. of Adj. & Appeals III Holzman Bldg. Bd. of Adj. & Appeals Mayor Rodriguez Bldg. Bd. of Adj & Appeals III Holzman Cemetery Board IV Ross Code Compliance Bd. I Orlove Education & Youth Advisory Board I Orlove Financial Advisory Bd. II Hay Financial Advisory Bd. IV Ross Historic Resource Preservation Bd. II Hay Library Board I Orlove Library Board III Holzman Planning and Development Board II Hay Planning and Development Board IV Ross Planning and Development Board IV Ross Recreation & Parks Board III Holzman Recreation & Parks Board Alt 1 yr term to 12/12 Alt 1 yr term to 12/12 Tabled (2) Reg 3 yr term to 12/14 Tabled (2) Alt 1 yr term to 12/12 Tabled (3) Alt 1 yr term to 12/12 Alt 1 yr term to 12/12 Tabled (3) Alt 1 yr term to 12/12 Alt 1 yr term to 12/12 Alt 1 yr term to 6/12 Alt 1 yr term to 6/12 Reg 3 yr term to 4/14 Alt 1 yr term to 12/12 Reg 3 yr term to 12/13 Tabled (2) Reg 2 yr term to 12/13 Alt 1 yr term to 12112 Alt 1 yr term to 12/12 Reg 3 yr term to 12/14 Alt 1 yr term to 12/12 Tabled (2) 15 of 192 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 2/7/12 HISTORIC RESOURCES PRESERVATION BOARD Last Name First Name Eligibili Cope Roger Architect with Commercial Development real estate experience LIBRARY BOARD Last Name First Name Eligibili Begleiter Bernice Alternate wishing to move up to Regular member 5: \CC \WP\BOARDS \APPMENT5 \Board Year 2012 \APPLICANTS ELIGIBLE FOR APPOINTMENT ON 2- 7 -12.do 16 of 192 CITY OF BOYNTON BEACH I Print form ADVISORY BOARD APPOINTMENT APPLICATION Page 1 of Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized, I instructions are not followed or the application is not filled out in its entirety the form will be returned for clarification. Name C� Address 1 1 � N l -1 7 � � r I CityI I- -) / ;�4 State FL Zip Co r4 ' ` + Phone Number7 � E -mail Address j j �S4- 1 0,. Current occupation I �j`G�--H I��?�'�" , Education IA7 Are you a registered voter? es ( No 1 �� N f'"t O Do you reside within the Boynton Beach City limits? r yes C7 No cin o Do you own /manage a business within City limits? C Yes 00 cr If "yes ", name of business: I N / �° 72 m Are you currently serving on a City board? s Have you served on a City board in the past? tl (^ No If so, which board(s) and when ?1 Have you ever been convicted of a crime? (' Yes No If so, when? I Where? You may serve on only one board. Please indicate which advisory board(s) you are seeking appointment AND whether as a regular member, alternate, or no preference. Prioritize up to three choices with number 1 being the most desired and 3 being the least preferable. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 below. Arts Commission Education and Youth Advisory Board Budding Board of Adjustment & Appeals Employees' Pension Board Cemetery Board Firefighters' Pension Trust Fund Code Compliance Board Community Relations Board L i rl please select a board... 2nd choice (optional) 3rd choice (optional) (please select a board Board Preferences: (please select aboard . ` If Veterans Advisory Commission, list Branch of Military Service or Organization Golf Course Advisory Committee Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board Veterans Advisory Commission" member type (please select... member type (please select... member type ,please select.. 17 of 192 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. First Choice: w If 0 S*G&"w7ftcieeo� f � _ 11 " Upvrl 61, :;:, I t Feel free to attach an extra sheet or resume Return the completed form to City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P.O. Box 310, Boynton Beach, FL 33425 -0310 FAX to: (561) 742 -6090 It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false slatements may be cause for removal from a board. SGI � l it . Signature- IJ ? Date: Page 2 of 4 18 of 192 Professional Resume: Cope Architeels, Inc. 114 ', � ;VTs T " Avenue Dehrac Beach. Florida 33444 -3713 I.W. f Rorer Cope. Principal & Florida Registered:lrchiteet sense 1990 (grate Registration #13,552) Education: Bacheior + f Architecture — Design .Speciuli:uiion, Terri Tech Unirernsit)•, 1984 Delray Beach Adrrsort+ Boards Former Board ,Member. "Cade Enforcement Board" Former Board Alember: ".Site Plan Review & Appearance Board" Former "C'hair - and "rice Chair" Farmer Board Alember. " llistrjric Preservation Board" (NPB) Former "Vice Chair '• Phu 561 274-6 Fur 561274-6 Cell 561 7 ,41 -3 ?91 Cope Architects, Inc. was established as a sole proprietary office in 1994 and has been fortunate enough to have flourished ever since, Strong commitment to Client relationships and sound design concepts has been the cornerstone to our success. Recent design awards include "Preservation Project Of The Year' three (3) out of the past four (4) years and two (2) "Site Plan Review & Appearance Board' (SPRAB) awards for local restaurant Projects here in Delray Beach's central business district. The Mellow Mushroom and La Cigale. Recognitions we are quite proud of. Please do not hesitate to contact our office should you require any further information! Cope Architects. inc. 114 !< NE I "Avenue Delray Beach. Florida 33444 -3713 Pho 561 274 -6706 19 of 192 5. B ADMINISTRATIVE February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ® ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Process for filling a Mayoral vacancy EXPLANATION OF REQUEST City Attorney Jim Cherof has prepared the attached memorandum to guide and assist the City Commission in handling the temporary vacancy of the Mayor's seat that now exists on the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 20 of 192 MEMORANDUM TO: Vice Mayor William Orlove Members of the City Commission CC: Lori LaVerriere, Interim City Manager Janet M. Prainito, City Clerk FROM: James A. Cherof, City Attorney DATE: January 27, 2012 RE: City of Boynton Beach ("City ") / Process for Filling a Mayoral Vacancy On January 26. 2012, Mayor Jose A. Rodriguez was charged by the State Attorney's Office with three violations of State Statute related to his position as Mayor. Pursuant to Section 112.51, F.S.. the authority to take immediate action against Mayor Rodriguez as it relates to his position on the Commission is vested with the Governor. On January 27, 2012, I informed the Governor's office of the charges against the Mayor. Later the same day, the Governor in accordance with his authority under Section 112.51(2), F.S., signed an Executive Order suspending Mayor Rodriguez from office. As the result of the issuance of the Executive Order. Mayor Rodriguez cannot perform any official duties, actions or functions during his suspension; nor can he receive any pay or benefits, or be entitled to any privileges of office. If reinstated, he will be entitled to and be paid full back pay and such other emoluments or allowances to which he would have been entitled for the full period of time of the suspension. Section 17 of the Charter defines the City Cornrnission as being comprised of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city -wide vote. As the result of the suspension, there is temporary vacancy in the mayoral position on the City Commission. The analysis detailed herein is the interpretation of the City Attorney's Office, based on our review of the applicable statutory provisions, City Charter provisions and case law. Additionally, in a like analysis for another municipal client, our law firm had direct consultation with the Florida Division of Elections' Office regarding the distinction between a temporary vacancy and a permanent vacancy in public office and the application on the elective process in both circumstances. In construing the meaning and intent the City Charter provisions that concern vacancies on the City Commission, we applied the same rules used to construe stale statutes. The provisions of the Charter must be considered as a whole and construed to reach a reasonable result. As noted in one judicial 21 of 192 ruling regarding a City Charter provision: No literal interpretation should be given that leads to an unreasonable interpretation or to a purpose not designated by lawmakers. As will be explained in the following, we believe the literal interpretation of the provision of Section 23 of the Chatter that would require a special election is unreasonable and was not intended to apply to temporary vacancies. We recognize that others may reach other conclusions. The City Commission is charged with the responsibility and duty of interpreting the City's Charter. As noted at the end of this memorandum, the City Commission must make the final detennination on how to interpret and apply the City Charter to move forward. I. Citv Charter and Florida Statutes Section 23 of the City Charter expressly provides that "In the event, of a vacancy in the office of Mayor, the Vice -Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. " City Code Section 2.9 adds: (a) The vice -mayor shall, when the mayor is officially absent, during vacation, on leave, or otherwise (emphasis added), act as head of the city and shall assrune all of the duties and responsibilities of the mayor. (b) The vice -mayor shall, while acting in such official capacity, designate himself as vice -mayor in any instrument which he may sign in behalf of the city, including checks, ordinances or other official documents. Therefore, as a result of Mayor Rodriguez's suspension, Vice Mayor Orlove has assumed the duties, but not the title, of mayor and will continue in that capacity until the City Commission takes action to fill the temporary vacancy in the manner described by statute and Charter. Section 20 of the City Charter provides a process for addressing vacancies on the City Commission. This section provides: In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the retraining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. Page 2 of 6 22 of 192 Section 23 of the City Charter provides a process for addressing vacancies in the office of the Mayor. This section provides: hi the event, of a vacancy in the office of Mayor, the Vice -Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice - Mayor shall reassume his duties as Vice -Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice- Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice -Mayor shall be elected by a vote of the Mayor and City Commission. Additionally. Section 112.51(3). F.S.. expressly provides as follows: The suspension of such official by the Governor creates a temporary vacancy in such office during the suspension. Any temporary vacancy m office created by suspension of an official under the provisions of this section shall be filled by a teinporaly appointment to such office for the period of the suspension. Such temporary appointment shall be made in the same manner and by the same authority by which a permanent vacancy in such office is filled as provided by law. If' no provision for filling a permanent vacmicY in such once is provided by lam, the teinhoraty ahpoinbnent shall be made by the Governor. (Emphasis added). H. Suspension The January 27th Executive Order of the Governor suspends, but does not permanently remove, Mayor Rodriguez from office. Permanent removal can only follow conviction and then, only by additional action by the Governor. Pursuant to Section 112.51, F.S., a temporary vacancy has been created in the position of Mayor on the City Commission. Mayor Rodriguez's current term of office expires in March 2013. if Mayor Rodriguez is acquitted, found not guilty, or otherwise cleared of the charges against him, the Governor will revoke the suspension and the Mayor will be returned to office. He will have the right to serve out the remaining balance of his term. The City Charter does not distinguish between temporary and pennanent vacancies. Section 112.51. F.S., as noted, provides that a suspension from office pursuant to an Executive Order creates a temporary vacancy. It is the opinion of the City Attorney's Office that a Page 3 of 6 23 of 192 temporary vacancy may not be filled under Florida law by an election.' Our opinion is in part based on the fact that Jose Rodriguez still remains Mayor notwithstanding his suspension and has the right to immediate reinstatement if acquitted, found not guilty, or otherwise cleared of the charges against him. if another person was elected to the office of Mayor during the suspension of Mayor Rodriguez, and Mayor Rodriguez was to be returned to office, there would be two individuals entitled to hold the same office. We can find no provision of law that allows the City to hold an election for a seat on the Commission for an unknown term of office (the term of the suspension is unknown). The same undesirable result does not follow from an appointment in the manner described in Section 20 of the Charter. The City Commission, in applying the provisions of Section 20, can condition the appointment on the suspension, provide for automatic termination of the appointment, and therefore avoid the potential for conflicting claims to the office of Mayor that could result from applying the provisions of Section 23 and holding an election. We believe the latter to be an unreasonable consequence of applying Section 23 to the current circumstances and holding an election to fill a temporary vacancy. In further support of our interpretation, we note that Section 112.51, F.S. states that An temporary vacancll in office created bil suspension of an official under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension. (emphasis added). We conclude that the legislature did not intend for temporary vacancies to be filled by election as the legislature could easily have added "or by election" to, or omitted "by a temporary appointment" from, the foregoing provision. It did not. Applying the provisions of Section 20. the City Commissioners would oppoinr an individual to serve as Mayor during the suspension period. Section 20 provides for the appointment to be made at the next regular meeting of the City Commission following "declaration of the vacancy" or "as soon thereafter as possible." Although there is a provision in Section 20 for a special election in the event the City Commission fails to make the appoint after two regular meetings, for the same reasons as stated above, an election is not possible and that requirement should be read as requiring an election only after a permanent vacancy, not a temporary vacancy occasioned by a suspension from office. Please note that the remaining four Commissioners may formally appoint a member of the City Commission to serve as Mayor during the suspension period. Such action, however, will create a temporary vacancy in the district seat of the Comirdssioner appointed to serve as Mayor. This additional vacancy must then also be filled by appointment in the manner described in Section 20. If Mayor Rodriguez is returned to office at any point before the end of his term, the Commission member appointed to serve as Mayor would then rotate back to his or his Commission seat and the individual appointed to fill the district seat would be "bumped" from office. It is the opinion of the City Attorney's Office that the formal appointment of a member of the Commission to serve as Mayor will not create a prohibited dual office holding situation pursuant to Section 99.012, F.S. Since the appointment would 1 In a matter concerning the suspension of a Mayor in another municipality, the City Attorneys Office discussed this issue with the Florida Division of Elections' ( "DOE') General Counsel's Office. The DOE agreed that a temporary vacancy should not be filled by an election, special or otherwise. Page 4 of 6 24 of 192 only be temporary in nature, there would be no need for the Commissioner who is appointed to serve as Mayor during the suspension of Mayor Rodriguez to resign then- City Commmission seat. The four City Commissioners may also appoint any other legally qualified individual from outside the City Commission to serve as Mayor during Mayor Rodriguez's suspension. Such appointment should occur in accordance with the process set forth below. III. Process for Filling a Vacanev on the Citv Commission The City Commission will need to initially review the City's Charter as analyzed herein, and confirm its interpretation of such; specifically, that the process set forth in Section 20 relating to appointments to fill vacancies on the City Commission would apply to filling the temporary vacancy in the office of the Mayor caused by the Governor's suspension of the Mayor. This will need to be done by the adoption of a motion by the City Conunission. As indicated previously, this memorandum is intended to provide the City Commission with an analysis of the issues and the opinion of the City Attorney's Office. Ultimately, the interpretation of the City's Charter is within the province of the City Commission. Should the City Commission confirm an interpretation of the City Charter to fill the temporary vacancy in the office of the Mayor through Section 20 of the City's Charter, then it will need to provide for the process for selecting the appointee. The City Charter does not provide a specific process for the City Conunission's selection and appointment of an individual in the event of such a temporary vacancy. As a result, the remaining members of the City Commission must confirm the process and timeline for the temporary appointment as soon as possible. As noted above, the Vice Mayor shall serve as acting Mayor during the implementation of this process. The City Attorney's Office recommends the following process and tnneline: February 7, 2012 Adopt a motion declaring a temporary vacancy in the office of Mayor. Discuss and thereafter adopt a motion to confirm the City Commission's interpretation of the Charter regarding filling the temporary vacancy in the office of Mayor. Authorize publication of Notice of the Vacancy in Office, which will provide a description of the temporary vacancy, qualifications for the office, and the application process. February 21, 2012 (first meeting following declaration of temporary vacancy) • Provide the applicants with an opportunity to discuss their qualifications for office, which may include questions and answers from the City Commission. • After all applicants have spoken, the City Commission shall select an individual to fill the vacancy by motion. This process will include: Page 5 of 6 25 of 192 • Motions by the remaining City Commissioners to nominate applicants. • After nominations are closed, the City Commissioners will then vote on the nominated individuals in the order of the nominations. • Once an individual receives a majority of votes, he or she is selected for that seal and no further votes on the remaining noininees are necessary. March 6, 2012 (second meeting following declaration of temporary vacancy) • Complete the process of February 21, if necessary. The foregoing steps and timeline is suggestive but intended to assist the Commission in adhering to the timeline addressed in Section 20 for making an appointment. There may already be qualified individuals known to members of the City Commission who could be appointed without the need for advertising as suggested above. An immediate appointment would expedite the process and restore the Commission to full strength without further delay. Should the City Colnlnission direct that the process set forth herein, or any other, be implemented, this office will work with the City Clerk's Office to promptly and properly implement the process. 1nc/in s Page 6 of 6 26 of 192 6. A CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve the final release of a Surety in the form of a $29,900 Performance Bond provided by the contractor, Fast Dry Courts, Inc. for a project known as Court Resurfacing at the City's Tennis Center. EXPLANATION OF REQUEST According to City ordinance (Article III, Sec. 6. B. 2), the final release of a Surety $20,000 or greater shall be approved by the City Commission. A surety /performance bond is held after completion of a project in case there are defects with the workmanship or material. This project was completed many years ago and involved the resurfacing of an asphalt tennis court at the Tennis Center located at 3111 South Congress Avenue to a single regulation stadium fast dry aqua blend tennis court with irrigation system. A Performance Bond (copy attached) was provided by the contractor for this project. However, when reviewing old files, staff discovered that the final release was never approved by the City Commission after successful completion of the project. Staff confirms that there are no issues with this project and recommends release of the Performance Bond. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Not applicable FISCAL IMPACT None ALTERNATIVES None 27 of 192 RECEn"IED T 14 1999 STATE FARM FIRE AND CASUALTY COMPANY J%PKW:ASRNG BLOOMINGTON, ILLINOIS _ -. Bond No.: FL 98 -KG- 2003 -5 State Farm Fire and Casualty Company Fidelity and Surety Bond Claims 1 State Farm Plaza Bloomington, IL 51710 -001 N 00 O N KNOW ALL PERSONS BY THESE PRESENTS, That Fast Dry Courts, Inc., 1400 N.W. 13th _Ave., Pompano Beach, FL 33609 (hereinafter, "Principal "), as Principal, and STATE FARM FIRE AND CASUALTY COMPANY, a corporation organized under the laws of the State of Illinois, with its Home Office in the City of Bloomington, Illinois (hereinafter, "Surety "), as Surety, are held and firmly bound unto city of Boynton Beach, FL, c/o Purchasing Deot , 100 , Boynton Blvd. , P.O. Box 310 Boynton Beach FL 33425 -0310 ( hereinafter, "Owner" or "Obligee ") in the sum of Twenty Nine Thousand Nine Hundred & 00 /100--- - - - - -- Dollars ($ 29, 900.00 ), to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a certain written contract dated the day of __ , with the Owner or Obligee for resurfacing of an asphalt tennis court to a single regulation stadium fast dri a uablend tennis court with irrigation s stem _ ... . . ,, which contract is incorporated herein by reference. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform said contract, then this obligation to be void; otherwise to remain in full force and effect subject to the following conditions: 1. Whenever the Principal shall be, and declared by Owner to be, in default under said contract, the Owner having fully performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: a. Complete the contract in accordance with its terms and conditions, or FB -0186 (8/92) (CONTINUED ON REVERSE SIDE) Printed In U.SA. Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between the bidder and the Owner, and make available as the work progresses (even though there may be a default or series of defaults under the contract arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding the amount set forth above in the first paragraph hereof. 'Balance of the contract prlce"% as used herein means: the total amount payable by Owner to Principal under the contract and any amendments thereto, less the amounts properly paid by Owner to Principal. N O N 2. No right of action shall accrue on this bond to or for the use of any party other than Owner named herein, its heirs, executors, administrators or successors. 3. No suit or action shall be commenced hereunder after the expiration of two (2) years following the date on which the Principal ceased work on said contract. Surety STATE FARM FIRE AND CASUALTY COMPANY By - - Its: Attom -in -f f A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, materials or supplies for the i Prosecution of the work, furnish the contractor with a notice that he or she ntends to look to the band for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written noti of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the Progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. No action for the labor, materials or supplies may be instituted against the contractor or the surety unless both notices have been given. An action, except for an action exclusively for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within I year after the performance of the labor or completion of delivery of the materials or supplies. An action exclusively for recovery of retainage must be instituted against the contractor or the surety within I year after the Performance of the labor or completion of delivery of the materials or supplies, or within 90 days after the contractor's receipt of final payment (or the payment estimate containing the owners final reconciliation of quantities if no further payment is earned and due as a result of deductive adjustments) by the contractor or surety, whichever comes last. A claimant may not waive in advance his or her right to bring an action under the bond against the surety . In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. 6. B CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve the final release of a Surety in the form of a $51,669 Performance Bond provided by the contractor, Haverland Blackrock Corp., for a project known as Replacement of Grass at Little League Park. EXPLANATION OF REQUEST According to City ordinance (Article III, Sec. 6. B. 2), the final release of a Surety $20,000 or greater shall be approved by the City Commission. A surety /performance bond is held after completion of a project in case there are defects with the workmanship or material. This project was completed many years ago and involved the removal of St. Augustine grass on the baseball field #1 (major league) at Little League Park located at 300 West Woolbright Road, and purchasing and installing Bermuda grass. A Performance Bond (copy attached) was provided by the contractor for this project. However, when reviewing old files, staff discovered that the final release was never approved by the City Commission after successful completion of the project. Staff confirms that there are no issues with this project and recommends release of the Performance Bond. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Not applicable FISCAL IMPACT None ALTERNATIVES None 30 of 192 Blind Number K05920279 Performance Bond (Conforms to AIA A312) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Haverland Blackrock Corp. Indemnity Insurance Company of North America 9819 State Road 7 Bond Department, TLP -33, 1601 Chestnut Street Boynton Beach FL 33437 Philadelphia PA 19103 OWNER (Name and Address): City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 CONSTRUCTION CONTRACT Date: January 21, 1999 Amount: $51,669.00 Description (Name and Location): Removal of St. Augustine Grass & Purchase /Install Bermuda Grass at Little League Ball Field Park, 025- 2730 -99CJD BOND Date (Not earlier than Construction Contract Date): February 10, 1999 Amount: $51,669.00 ( Fifty One Thousand Six Hundred Sixty Nine and 00/100 Dollars Modifications to this Bond: (X) None ( ) See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) Company: (Corporate Seal) Haverland Blackrock Corp. Indemnity Insurance Company of North America ......... Si Signature: .. R e5 r^e .. . " r _ m � ^.•- '4.•_'_ �..__� �s' °..��_ Name and Title: _ _ r Name and Title: Albert Ella, III Attorney in Fact, Florida Resident Agent (Any additional signatures appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Surety Teknicians, Inc. 1000 N. Ashley Suite 630 Tampa, FL 33602 (813) 225 -2550 Page z of 6 31 of 192 6. C CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation for the 3 and 4" quarter 2011 EXPLANATION OF REQUEST The City Commission adoption of the Climate Action Plan (CAP) through Resolution No. R10 -150 empowered the City's Sustainability Team with responsibility for implementation. The CAP serves as the Work Plan for the team. Staff continues to further the implementation strategies and meet on a quarterly basis to update the implementation status and share ideas, information and challenges. As a result of that meeting, every quarter a report will be provided to the City Commission on the status of implementation of the strategies listed in Section 4 of the CAP. (See Exhibit A — Staff Report). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will continue to demonstrate its leadership and partnership with other communities in the efforts to achieve a sustainable future for its residents. Through increasing efficiencies in operations, conservation and energy consumption, we hope to help offset some of the social challenges and economic consequences such as rising energy costs associated with operating facilities, conveying water, transportation and health care. FISCAL IMPACT Initiatives accomplished so far, and those that are in process, are mainly items that could be accomplished through re- organization, policy changes and staff time. Other projects have been accomplished through grant funding. Some projects are in the CIP energy efficiency line item. ALTERNATIVES Not to accept the report. 32 of 192 Climate Action Plan Implementation Strategy 3 rd & 4th Quarter Status Report 2011 February 7, 2012 Department of Energy EECBG (Energy Efficiency & Conservation Block Grant): EECBG Allocation $658,900 Activity 1 comprised of hiring a technical consultant, CDM, to a.) Complete the EECBG grant forms and an Energy Efficiency and Conservation Strategy (EECS) for submittal to DOE; b.) Conduct a Greenhouse Gas Emissions inventory for municipal government facilities as well as the City of Boynton Beach at large; and c.) Develop a comprehensive long -term Climate Action Plan to advance the energy conservation and sustainability goals of both municipal government and the City at large. Activity 1 has been completed at a cost of $195,882.99. Activity 2 comprised the Hester Center facility retrofit consisting of switching out existing T -12 fluorescent fixtures with T -8 inside the Hester Center and 40OW metal halide high -bay lights in the gymnasium were replaced with T -5 fluorescents. Motion sensors were installed throughout the Center and appliances inside the Center were replaced with Energy Star appliances. The outdoor ball -field lighting was retrofitted with energy efficient MUSCO lights. Activity 2 has been completed at a cost of $372,042.63. Activity 4 comprised of a citywide occupancy sensor retrofit. A total of 265 occupancy sensors were installed in the City Hall Complex, Public Works Complex, Fire Station #2, Fire Station #3, Fire Station #4, Fire Station #5 and the Art Center. Activity 4 has been completed at a cost of $23,320.00 Activity 5 is comprised of the installation of two (2) solar water heaters and solar array consisting of 30 photovoltaic panels at Fire Station #5. The project also includes net meter monitoring of the renewable energy generated on the City's website and in the lobby of Fire Station #5. Activity 5 is complete (pending completion of punch list) with a cost of $55,000.00 ACTIVITY DESCRIPTION 1. Technical Consultant Hester Center Facility & Ball -Field Retrofit Solar Heating & Photovoltaic Panel Systems Facilities Occupancy Sensor Installations TOTALS: TOTAL UNOBLIGATED FUNDS BUDGETED AMOUNT $195,883 $372,043 $58,234 $32,740 $658,900 ($646,246) $12,654 ACTUAL AMOUNT $195,883 $372,043 $55,000 $23,320 $646,246 Due to several projects coming in under budget, the city had a remaining allotment from the Department of Energy in the amount of $12,653.38. The City was required to have all funds obligated by January 19, 2012 or forfeit the remaining allotment. Staff submitted a request for a 90 -day extension to the obligations requirement and recommended that the final dollars be used for an Electric Vehicle Charging Station (EVCS) demonstration project to be located in the Boynton Beach City Library parking lot, Oceanfront Park parking lot, and the City's Parking Garage. The total project estimate is 33 of 192 $19,550.00 which will include two (2) parking spaces at the Library, two (2) parking spaces at the Beach and one (1) parking space in the City Hall Parking Garage. Each of the three locations will be ADA accessible. The city will provide the difference in the project cost of $6,896.62 from account GG0901 - Municipal Building Energy /Environment Initiatives - 302 - 4101 - 531 - 62.01. The request for extension was approved by the Department of Energy on January 20, 2012. We will have the funds obligated by the deadline of March 19, 2012 and the grant will be closed out prior to the deadline of September 19, 2012. The EVCS project provides further implementation of our Climate Action Plan addressing the Transportation element in Sections 4.4.10 and 4.4.11. This project will also help close the gap in a string of EVCSs that run north to south through Palm Beach County, facilitating and encouraging the use and ownership of Electric Vehicles in Boynton Beach and throughout the County. CAP Implementation Strategies: 4.1.2 Water/ Wastewater Facilities, Conservation and Landscape Irrigation 4. Maximize use of the East Lime Softening Plant and minimize use of the West Membrane Treatment Plant: Construction of Section "A" of the raw water main is complete. Sections `B" & "C" are under design. No cost estimate at this time. CIP - $3.42M Section "A" of the raw water main 7. Explore using an energy management program such as Energy Star's "Portfolio Manager" for water and wastewater plants to track, measure and reduce energy use: Have engaged a non -paid FAU Graduate Student Intern that will be doing the data entry for tracking energy use. Portfolio Manager Software is made available by the Environmental Protection Agency (EPA) at no charge to the city. 11. Consider adoption of the Model Ordinance for Installation, Maintenance, and Operation of Sensing Devices on Automatic Landscape Irrigation Systems created by DEP. Require irrigation systems to be designed and installed to prevent spray on structures: Planning and Zoning staff is reviewing the Model Ordinance to determine if this is something we want to insert into the Land Development Regulations. 14. Establish aggressive water efficiency standards for City and non -City new construction and major renovations which exceed the Florida Building Code2 standards in the Sustainable Construction section and based upon appropriate standards such as U.S. Environmental Protection Agency's (EPA) WaterSense or Energy Star: This is included in the Green Building Program based on non - mandatory participation. 4.1.5 Actions to Administer the City's Climate Action Plan 3. The Team should coordinate with Palm Beach County, the Compact, TCRPC, MPO and SFWMD on grant funding and obtaining technical expertise on regional climate change that would otherwise not be available. The Team should also reach out to Florida Atlantic University as a source of scientific information on climate change and its projections. 1/18/12 may have representative on Compact: Sustainability Team members are working on potential partnership opportunities with the Center for Environmental Studies @ FAU. City staff is active participants in the Palm Beach County /City Sustainability Collaborative and the city also has a voting staff member on the SE FL Regional Climate Change Compact. We also have a staff representative on the MPO and have been meeting regularly with the TCRPC. 4.2 Community Engagement 34 of 192 6. Continue to support assistance programs to low income households such as the Federal Weatherization Assistance Program to increase educational opportunities such as energy conservation at existing homes: All CDBG funded rehabs have upgraded energy efficient materials and appliances. 4.3 Fuel and Energy Use 1. Develop financial, regulatory and policy incentives, and explore partnerships, for development of energy efficiency and renewable energy projects and programs, training and incentivizing green jobs and assisting local business through retention and expansion: The city will be partnering with Palm Beach County on their Energy Revolving Loan Fund. 3. Assess vacant lands or other parcels appropriate to encourage the development of alternative energy projects. Verify that code provisions do not inadvertently discourage alternative energy projects. Seek partnerships with electric utilities for siting renewable energy projects. Identify opportunities, such as solar photovoltaic panels (PV), where a demand for manufacturing exists and develop an economic incentive program to attract green businesses: Renewable energy will be the last phase of the Green Building Program. Codes do not prohibit alternative energy installations, i.e. Seabourn Cove had a Solar Contractor contact staff and no issues were identified for a major solar array installation. (They are not able to afford it unfortunately.) 4.4 Transportation 1. The City should establish an integrated network of non - motorized transportation corridors by including and utilizing existing rights of way that connect parks, linear parks, greenways, canals and waterways to increase the non - motorized transportation network. 2. Identify any missing links in the network to ensure all City streets have sidewalks. 3. Improve pedestrian continuity on downtown streets to decrease short trip automobile use and iterative parking, increase transit viability and require less parking. 4. Provide or require bicycle and pedestrian ways for connecting residential areas to recreational areas, schools, shopping areas and employment areas. • Promote bicycling and pedestrian facilities and incorporate the "complete streets" concepts to accommodate the needs of different transportation modes and users into the City's transportation plans. Accommodate automobiles, transit vehicles and non - motorized forms of transportation. • Ensure a safe and comfortable environment for diverse users. • Aesthetically pleasing. 5. Place special emphasis on streets located in the downtown area and in single family neighborhoods Strategies 1 -5 are part of a single non - motorized transportation plan for the City. Staff is continuing work on the Greenway, Blueway, Bikeway plan which will address some of these issues. Recreation & Parks and Planning & Zoning are collaborating on the review and looking at the Transportation Enhancement Program Grant as a potential funding source. 11. Include development approval incentives to encourage prioritized parking and charging stations for alternatively fueled vehicles in redevelopment projects: Staff has created an Electric Vehicle Infrastructure ordinance which was approved by the Planning and Development Board at their 1124112 meeting. This item will be coming before Commission for review and approval at the 2121112 City Commission meeting. 4.5.2 Sustainable Construction 5. Develop process and land development standards: • Establish a recognition program for new construction and renovation, feature on website and social networking including signage for projects achieving rating. 35 of 192 • Applications for buildings over a commission - determined square footage threshold shall include a building design and construction commissioning plan and shall be commissioned by a qualified commissioning agent to meet the owner's project requirements. All new commercial and multi - family construction shall include recycling facilities for non - hazardous materials including paper, glass, metal and plastic products. Waiting on Branding to design recognition logo & formalize program. 7. Address sustainable construction principles on City facilities: - Pursuant to Chapter 255, F.S. all City of Boynton Beach buildings shall be constructed to meet: • The USGBC LEED rating system. • The Green Building Initiative's Green Globes rating system. • The Florida Green Building Coalition standards, or • A nationally recognized, high - performance green building rating system as approved by the Florida Department of Management Services. Develop sustainable building criteria for capital improvements that are less than whole buildings. The City should track its own level of green house reductions at facilities and include these in the City's Annual Report on GHG emissions. The Green Building Code is applicable to this recommendation. It allows for LEED and other green rating systems. The City has embarked on the EPA Portfolio Manager to track our own levels of green house gas emission at city facilities. Staff is in the data entry phase of this project. 36 of 192 ON -GOING IN PROCESS COMPLETE CITY OF BOYNTON BEACH CLIMATE ACTION PLAN IMPLEMENTATION STATUS REPORT February 07, 2012 w 0 N ON -GOING IN PROCESS COMPLETE IMPLEMENTATION STRATEGIES Dept. Start fnd Status Funding 4. 1.1 Buildings and Facilities Date Date Objective: Reduce GHG emissions from City operations 3 percent by 2012, 13 - p ercent b3f 2025 and 1$ percent by 2035 as compared to 2006 levels. 1. Develop an HVAC and lighting retrofitting strategy and timetable. Public 2008 On- Much A the City capital Works going lighting in City budget line Hall, West Wing item for and PW has Energy been changed to Efficiency. efficient T -8 Other PW bulbs. Other operating buildings funds. ongoing. HVAC is modified when replacement is due such as the Children's Museum 2. Eliminate or reduce use of refrigerant gases (Hydrofluorocarbons (HFC), Public 2005 On- As mechanical City CIP Hydrochlorofluorocarbons (HCFC), and Chlorofluorocarbon (CFC)), which have Works going equipment is funds. Global Warming Potentials (GWP) that are thousands of times greater than CO2 in replaced, units HVAC systems and replace them with more ozone and climate- friendly refrigerant have new g ases such as propane, butane, and cyclopentane, water, ammonia and air). refrigerant. All will W 00 0 N J.MIPLEMENTATION STRATEGIES Dept. Start Date End Date Status Funding be complete by 3. As older computer equipment and appliances must be replaced, ensure that new ITS 10/10 COMP 2020. ITS has taken Any equipment meets Energy Star or equitable ratings LETE ENERGY STAR approved Low Carbon IT future Power funding will Management come from Pledge. Policy the I.T.S. in place for all Computer replacement Equipment equipment to be Account Energy Star (001-1510 - rated' 513- 64 -15) 4. When planning public infrastructure investments, consider the physical, Public 2005 COMP This is now a City CIP environmental and economic impacts of increasing the energy and water efficiency of the projects. Examine the Capital Improvements Element of the Comprehensive Works LETE standard design consideration in project Plan to identify; potential opportunities to increase the efficiency of these projects all capital funds. over their lifes an projects. 4.1.2 Water/ Wastewater Facilities, Conservation and Landscape Irrigation Objective: Conduct energy audits to determine improvements to reduce electrical costs at the City's water and wastewater facilities 1. Evaluate energy efficiency of high - service pumps. Develop an energy efficiency Utilities 2011 TBD In planning TBD strategy for water utility operations to maximize efficiency of treatment, operations and equipment. process, consider for an Energy Service Company 2. Explore opportunities to incorporate renewable energy sources into the expansion Utilities ESCO or retrofit of water infrastructure 2011 TBD In p an ing ntract TBD process, windmills have been installed at w 0 N IMPLEMENTATION STRATEGIES 4. Maximize use of the East Lime Softening Plant and minimize use of Membrane Treatment Plant. S. As co -owner of the South County Regional Wastewater Treatment Facility, the City is increasing the use of wastewater by existing customers and working to expand the wastewater treatment capacity by 8 million gallons per day. Explore partnerships with the City of Delray Beach to complete energy audits at the Facility. Benchmark current energy usage and efficiencies. Evaluate the potential benefits of turbo blowers for wastewater aeration, as well as the use of variable frequency drives (VFD). Evaluate the treatment process to determine efficiency. 6. Develop a rebate and incentive program for low -flow toilets and fixtures. 7. Explore using an energy management program such as Energy Star's "Portfolio Manager" for water and wastewater plants to track, measure and reduce energy use. See section on Monitoring. Objective: Reduce GHG emissions from City operations 3 percent by 2012,13 ercent b y 2025 and 18 percent by 2035 as compared to 2006 levels. 8. Use regulatory methods to limit water use. While the City i only required to limit Dept. Start Date End Date Status Funding the Downtown Stormwater Pond for aeration Utilities 2406 2011 COMPLETE = CIP - ASR wells #1 & $143M #2 operational. Utilities 2410 2013 In progress. CIP - -plete Construction of $3.42M project Section "A" of the Section "A" raw water main is of the raw complete. water main. Sections "13' & "C" are under design. No cost estimate at this time. 12/11 On- Have FAU Portfolio going Graduate Student Manager Intern that will be Software - doing the data Free. FAU entry for tracking Intern - energy use. Free 3 0 0 N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date outside landscape irrigation to 3 days per week, other communities within the 16 counties of the South Florida Water Management District are only allowing 2 day per week watering. CDM recommends exploring the feasibility of reducing the number of days or hours of landscape irrigation allowed under the City's water conservation ordinance as compared to the relevant requirements in Chapter 40E -24, F.A.C. The City may consider encouraging low - volume irrigation that may be used without restriction on days irrigated. 9. Adopt) Florida Friendly landscaping principles in the land development code P&Z ` 2411 Aug. COMPLETE NIA. including identification of permitted and prohibited species. Establish landscape 2011 Staff hours. requirements in the City's Land Development Regulations with a target of greater General than 50 percent for new landscaping consisting of Florida Friendly species including Fund lawn 2rass. 10. Determine the effectiveness of reducing unaccounted for water losses from system leaks. 11. Consider adoption of the Model ordinance for Installation, Maintenance, and P&Z Dec TBD P &Z staff NIA. Operation of Sensing Devices on Automatic Landscape Irrigation Systems created 2011 reviewing the Staff hours. by DEP. Require irrigation systems to be designed and installed to prevent spray on Model Ordinance General structures to determine if Fund this is something we want to insert into the LDR. 12. Enhance the City's water conservation education program and better utilize the City's website and social media to communicate the program. 13. Promote partnerships and consistent conservation policies with all users within the City's water service area including homeowner's and condominium associations. 14. Establish aggressive water efficiency standards for City and non -City new Dev. 2011 2011 Part of the Green NIA. Staff construction and major renovations which exceed the Florida Building'Code2 Dept.! Building Program hours. standards in the Sustainable Construction section and !based upon appropriate based on non - General standards such as U.S. Environmental mandatary Fund Protection Agency's (EPA) WaterSense or Energy Star. See further participation recommendations related to water efficient 15. Establish landscape requirements for single family infill that can support creation 0 N IMPLEMENTATION STRATEGIES Dept. Sta End Status Funding of an urban forest with energy conserving benefits Date Date i6. Establish an urban forestry program to develop a city -wide tree canopy survey P &Z 2011 Dec. In process TBD with the eventual goal of reducing the "heat island" effect due to dark or asphalt 2012 surfaces. 4.1.3 city's Vehicle Fleet and Employee commuting Objective: Identify opportunities to reduce the City's vehicle fleet emissions through decreasing the size of the fleet and/or increasing the fuel efficiency of the vehicles with a goal of 10 percent fleet emissions reductions 16Y 2035. 1. Evaluate the need for each vehicle in the fleet and eliminate those vehicles that Public 2008 On- Successfully Fleet Plan do not fulfill a specific purpose. Consider setting a goal of eliminating 5 to 10 percent Works going downsized of the fleet vehicles through implementation of recommendations listed below. roughly 129 vehicles out of 368 possible, giving us a 35.05% successful 2. Develop a fleet retrofit schedule to either hybrids, electric or conversions to Public 2008 On- downsizing effort. Due to budget Fleet Plan compressed natural gas vehicles. Assure adequate recharge or plug in facilities to Works going constraints service fleet. Develop return on investment and cost comparison analysis of same. development of a Determine the feasibility of only purchasing vehicles to meet new vehicle supporting greenhouse gas emissions standards promulgated by EPA. infrastructure at this point has limited avenues. Currently looking for additional 3. Implement GIS -based employee rideshare program and electronic bulletin board. ITS /HR 2011 Fall funding. lTS & HR to Adopt a City rideshare policy manual. NIA 2012 create a Staff hours rideshare General program to Fund include data base N O N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date of employees willing to ride - share & policy to help regulate the program. Employees can find alternative commuting information through the City's intranet, "- Boynton" at http: / /www.18002 34r[de.com/bbf/ 4. Develop and adopt a high - occupancy vehicle incentive program through preferred employee parking incentives 5. Adopt a City policy for all City operations to reduce miles traveled and hours traveled by considering efficiencies in scheduled meeting times and locations. 6. Enhance a vehicle idling policy for all applicable City vehicles that furthers the Public 2010 July 1, COMPLETE - N/A objectives of the vehicle idling reduction requirements in Chapter 62 -285, F.A.C. Works 2011 APM #;08.01.02 Staff hours including the five minute limitation on idling from heavy -duty diesel engine powered General motor vehicles Fund 7. Evaluate (and implement if feasible) provision of alternate and/or fuel efficient Public 2010 On- 5egways, Electric Staff vehicles (such as Segways, electric or hybrid vehicles) for short - distance trips made Works going People Movers or hours for by City employees. low speed RID electric vehicles would require investment & engineering studies for travel. Revisions to existin w 0 N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date ordinances need to allow for travel on our roadway B. Research and provide recommendations regarding bicycle amenities for City staff system, as part of facilities planning and capital budget processes. 9. Further research and make a recommendation regarding a "fuel- efficient shuttle" between the Boynton Tri -Rail Station and City offices. 10. Further research and provide future report on potential feasibility of workforce housing, on -site day -care, in -house cafes and other trip - saving /time - saving capital amenities. 11. Adopt employee scheduling and other measures to reduce energy use: H.R. 2010 9112 Upcoming TBD • Adopt a City telecommuting policy manual including provisions such as those found in Section 110.171, F. S. for state agency employees. The provisions should include documenting measurable financial benefits associated with reduced office space requirements, reductions in energy consumption, VMT, and associated GHG resulting from teiecommuting. • Evaluate (and adopt if the Commission believes this to be a reasonable and financially prudent action) a furlough policy to close City offices for one full week a year as an energy cost and general cost reduction strategy consistent with the furlough policy in effect for state agencies (Section TBD TBD 100. 1225, F.S.) identifying all affected positions and ensure that all affected Upcoming Unknown employees are subject to the same reduction of hours for the same number of pay periods with a commensurate reduction in pay. This will result in associated reductions in VMT and GHG emissions. Due to Federal Labor Law limitations and to achieve maximum savings in both VMT and GHG emissions, it is recommended that the furlough occur over consecutive work days. • Implement compressed 4 -day workweek for City employees (already 4109 6109 COMPLETE No cost implemented by City). This has resulted in a reduction in VMT and GHG emissions due to reduced vehicle usage as well as reduced electrical 0 N IMPLEMENTATION STRATE I ep . Start End Status Funding Date Date consumption by the City. 4.7.4 Emissions from Solid W aste Objective: Explore opportunities to most and exceed the following recycling standards (for recyclable solid waste) required for counties: 40 percent recycled solid waste by December 31, 2012, 50 percent recycled solid waste by December 31, 2014, 60 percent recycled solid waste by December 31, 2016, 70 percent recycled solid waste by December 31, 2018 and 75 percent recycled solid waste by December 31, 2020. 1. Maximize the City's E- government access and develop a paperwork reduction p olicy. 2. Meet or exceed the State's recycling target for municipal solid waste of 75 % by Public 2010 On- City entered into Solid 2020. This would include meeting the annual reporting requirements pursuant to Works going agreement with Waste Section 403.7032, F.S local Material Fund Recycling Facility to recycle bulk trash and vegetation. Program on hold pending concerns voiced by the 3. Adopt a similar voluntary reporting policy for businesses such as that found in Public SW A. Not started Section 403.7032, F.S. encouraging reporting the materials they recycle to the Works county. 4. Review and adopt as feasible, recycling procurement policies formulated by the new Recycling Business Assistance Center in DEP. S. Develop appropriate composting policies consistent with Section 403.706, F.S. for Public Not started organic materials or mulching organic materials that would otherwise be disposed of Works in a landfill. Determine additional opportunities for composting in partnership with the p rivate sector. U1 O N IMPLEMENTATION STRATEGIES Dept. Start End Status . Funding 6. Ensure new development projects, on or after July 1, 2012, for multifamily Pu bli c Date Date Not started residential or commercial purposes provide adequate space and receptacles for Works recycling by tenants and owners consistent with HB 7243 amending Section 403.706, F.S. Determine system for monitoring and tracking compliance with building permit process. 7. Publish the City's rate of recycling on its website. Public 2011 Spring Will be published NIA Staff Works 2012 on the City's hours revamped Go General Green Boynton! Fund web pages. Since program implemented in 2010 city recycled 6,396.32 tons of material, 4.1.5 Actions to Administer the City`s Cl /mate Action Plan Objective: The City Sustainability Team should be responsible for implementing the Climate Action Plan, monitoring and tracking its success and developing consistent policy recommendations for the City to achieve its GHG reduction goals. 1. The City should maintain its inter - departmental Sustainability Team to meet CM Ofc 10/10 On- Team meets NIA quarterly to evaluate the effectiveness of the City's operations and policies on going quarterly. Staff hours energy conservation and sustainability. General 2. The Team should develop office and administrative procedures "green manual" Dev. 10/10 3112 Green Manual in Fund NIA with milestones, goals and timelines to meet the City's goals. Dept. process utilizing Staff hours best practices General from several Fund "test" 3. The Team should coordinate with Palm Beach County, the Compact, TCRPC, CM Oft 10/10 On- departments. Have staff NIA a\ O N IMPLEMENTATION STRATEGIES; _ Dept. Start Date End Date Status funding MPO and SFW MD on grant funding and obtaining technical expertise on regional & going representative on Staff hours climate change that would otherwise not be available. The Team should also reach Grants Compact. General out to Florida Atlantic University as a source of scientific information on climate Team Potential Fund change and its projections. partnership with Center for Environmental 4. The Team should develop a template and data management system to monitor CM Ofc 10/10 On- Studies Q FAU. Have developed Tracking & and track progress towards reaching GHG reduction goals. Monitoring of energy goin and implemented monitoring - reductions should be coordinated by the City's Sustainability Team by use of free internal tracking Staff hours. software such as EPA's Energy Star Portfolio Manager and through the & monitoring Free implementation of an Energy Management System which provides real -time energy system for software. usage (see section on Monitoring). This could be used to produce the City's Annual projects using Currently Report, another area of responsibility for the Sustainability Team. ICLEI templates. no budget Energy Star for hard Portfolio Manager copy being used for Annual tracking energy Report. reductions. In Will utilize process of linking electronic into system. media to Real -time energy publish. usage monitoring scheduled to be used for Fire Station # 5 solar 5. Develop an Environmentally Preferred Procurement Policy Manual /Central Finance project. Not started Procurement System to be used by all appropriate departments and divisions. While this may not reduce GHG emissions for the City, there are benefits at the point of production. Preference should be given to products that have a lesser or reduced effect on human health and the environment as compared to other products such as low - toxicity, recycled content, low -waste and renewable materials (unless costs are p rohibitive or other environmental considerations are more important). This 10 0 N r preference should consider aEl phases of the product's Eife cycle, including raw materials a uisition, production, anufacturing, packaging, distribution operation, maintenance, and dispo 1, including potential for reuse or ability to be recycled. The h�anual /Syster�a would include the following types of roducts; Siobased, biodegradable, carcinogen -free, chlor uorocar o ®free, compostable, durable, energy efficient, heavy metal free (e.g., no lead, mercury, cadmium), less hazardous, locally manufactured, low volatile organic compound content, low- toxicity, made from rapidly renewable materials, persistentt bioaccumulative toxic free, recyclable, recycled content, reduced greenhouse gas emissions, reduced packaging, refurbished, resource efficiency, reusable, upg radeable and water efficient. 6. Related to the Environmentally Preferred Procurement Policy as far as the GHG Finance Not started. This impact to the City, the Sustainability Team should complete a review of the City's will be looked at purchases of commodities and based on anticipated purchasing needs and volumes, as part of the prioritize its efforts to integrate environmental considerations into their purchases. Green Office This should include determination of an appropriate and reputable standard to avoid Program for concerns of greenwashing. Such products could include the following: office supplies. • The more than 50 recycled content products designated by the US Other purchase Environmental Protection Agency g y ( www.epa,gov /cpq categories at a • The more than 35 energy- efficient products listed by the Energy Star later date. program ( www.energystar.gov ). • The biobased products designated by the US Department of Agriculture ( www.ars.usda.gov/bbcc ). • Furniture purchases such as those with foam components that do not contain CFC's or HCFCs and/or wood products certified by the Forest Stewardship Council whenever possible. • Hybrid electric or alternative fuel vehicles. • Landscaping products and services that are energy efficient and do not utilize harmful pesticides. • Paint and painting services that utilize volatile organic compounds standards such as Green Seal. 11 00 0 N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Date Date • Paper (beyond the initial recycled- content requirements) such as binders, flip charts, printer cartridges, envelopes, tissue/towel products, etc. • Pest management products and services. • Vehicle maintenance products and services. • Ability or a policy to recycle electronic waste. • Green Housekeeping policy that includes environmentally preferred cleaning products /services requirements for internal or contracted janitorial services. • Require contractors to meet certain energy efficiency standards in their fleet where appropriate. • Develop criteria for evaluation of governmental services contracts that provide points to "green certified" businesses with documented programs and criteria. • Determine the feasibility of pursuing a "green" certification for City offices. * Establish guidelines for businesses submitting proposals to do work with the City such as preferred off -peak travel drop -off times for responses. • Develop a financial implementation strategy including grants, financing districts and revolving loan funds for commercial and residential properties. 4.2 Community Engagement Objective: Motivate all Boynton Beach residents and businesses to adopt beneficial habits that reduce GHG emissions. 1. Place the CAP, and highlight its adoption, on the City's website, BBTV and in the ITS /CM 4/11 Fall In process NIA media. 2012 Staff hours General 2. Design a marketing program to educate the public on the benefits of energy & Fund water efficiency and improved air quality. (BBTV PSA-type message to be developed and aired. 3. Utilize existing programs such as "6ornmit2BFit" and "Bike to Work" week to H.R. 1/11 On- Have become N/A highlight the relationships between these initiatives and goals of the CAP such as going annual events Staff hours reduced greenhouse gas emissions related to less vehicle use. General 12 Of c =a r@ �0) C Q f0 C C O li 2 (q (D LL LL 7 rA t5 W w c w Cl R L .7 y a a3 L N .0 p g ° C�JLJ ��j� u a�� ' a a� 010 E m m � .6ca Y i_ra C N C .G(� . �O C my�C > o�� LU u r - 0 ° N a 7 N p c p c E E 8 a� C O �ci 3 N ° °.ago. om O Ut a) $ o a C rn rn tm m � r � I c t O m d CL ., IV E o , c m tiEE a� N m D CD ro y L) 0 E 0 N N I N 'U 0 N 0 C� O T C O O N C +' L C a C- E : s 0 ° p c04 w 12 '3 - 0 3 W N '00 N C O CD N W t 0 C N + ( is a o E °� E �' �U C O .0 ro O N U N� �C L C c ro > C "-' C O m m as o.� o� 2 �.y c Z N C 0 N .�_T' O N t0 - 0 3 y L6 y E 0 N 7 p U p� O O9 = N a} C D 'X 0 U t z, (D O O` C N O ro w ID L 0 _C, W V 0 d1 m C .� ro M O C d 31 E C C .L .N C N 0 7 N p _ N O rnE m m < 3U N w ui-o y w rn _ aica c�'0 =0 0 IV ro o� U LG ) N . C_ N C U ro C U a w (] N y (D (D C ro E C U 7 Q E O E O O N S `m C Q N :. N E C W f0 l0 m U 7 7 � o m d g( i a) = ¢ 3�� C.' ui N 46 LL t ti c CO Q Q M 49 of 192 c L � w '� O tm tf0 tE LL a 07� Z cn C7 LL ¢m CD Z un 0 LL a�a � Z cn CD LL 3 C 'a C D m N +�+ N C 'O U_ C C >+ N O� GO7C W _O W $ d l0 % v c N p E U O U O. (6 O ( N L .N 7 N rn j ul U - �? -O U C � u C7 Q •O O 1 F3 ,d? ES E (9 0 m o O O N Q c� 0 °" w N (a 41 C p�p _— C N a m p a c 0 raa�r� y d E h c p f6 N rA t al (� m 0_ 3 �$ Q U W (0 .2 � C a� fa N U Q N .' c0 � U H c C —� c c LU C N OED Och y r O O r Q N p O a� M N E = 7+ O U O �0 Q..�0. N L O as w m O O V N 0 E 3 E C U C7S L E o m E E U c o Q c •C O .0 E O Q •- O t m C V y -C Co C N y U N O L O M O p « O V C C C N T mm - Uv E x 0 N �m — _C O H m e N Q CAOL ad W Cl -6 U a7 c.•�• O NLV .c Cc m Z C 0 maV O Ct, CL LLJ 0) U w0 � tM0C m L ` . W�'" 7+ C P U � E y co dc - C a oa)2yU U =o Z C* N j. O •� a) 0 0 O IY O O A N Co O N N a� � w °� maa) 007�3m 9 O c J )- ) c o. �. a� Ems' f 0'- E c 0w 3 `a ° 0 ° 2 N�Q Us 0(3 me L L O D. An O p Q •- O �+ E C L L a) 0 8 v o p M L O E a) 3 c c �° w a) Ca O Y a) c d cat O 0 U C p C 7 p C .0 �' j E O S `� C .�.. 3 ' m N _C M N =caDo 30 G O t O tM m N C 0 0 0 `� a) rn m �� w -. 0 G N O N Q N O E O d w LE C LL Cn U L U n O' 2 a) c •y � M (A U N c° � °� j m - E X y ' C E • i • m N - rn w fl? 7 0 O U C4 07 C L N T N ,t 50 of 192 ch 0 8- =2 § « %(D U 2 «0= $$@$ §ƒ 5 & CN e ke¥E =k �\§ 1 $ 2 aq`o C E= ° o= =� =b} a�o7 �E# °�G� ��c2 ® 3 e ]? ° - §a2fkyEffk$km m a) > c mo o`/ =3r7 p� =7 a�E f�§fj /�k Aa�§2r- 2oEa =ga0 E te a[ .J = =g <el -0 Z,ORE=2= -00 0 / k\I EC o lu CO 04 \k t: - - e C I e �� BJ a0 �k Ow 7 �� k ƒ � y 2 C # to ` / 0 CO k / W \ @ °° @ LU %2 I§ 0 oil U) Ed2k \ �� D eo 52X _k i£� c c a = ® tt 2 ■ E�� / / §E ! R m0 g\CL ƒ � §7pa e PIC >§ ego/ z LU ° kq \ _� a) 2/� *ate: § ■ 2 ® 2 �f § - >B- CD §$ &2 2 %in � @ e k§f %k) _ £ _ E� E ¢ k /�� ■0 >E� R�EE � 2 � �&@ a0CL �a2 c4 - 51 of 192 N O N IMPLEMENTATION ST GIES Dept, Start End Status Funding Date Date Portfolio Manager Fund Monitoring Software. From 8110 -8111 total of 1,229,958 KWH reduction -- cost savings of 15. Energy and water efficiency strategies incorporated into monthly water utilities Utilities On- On- $175,279 Have been NIA billing. going going notifying citizens Staff hours of water General restriction Fund information. Will expand info to incorporate efficiency & Objective: The City should form partnerships between other local conservation ti governments, Chambers of Commerce, the business community and engage all its citizens, from the very young to seniors, to assure it achieves a "cultural shift" embracing the concepts of sustainabilit . 16. Consider organizing individually or in partnerships with other local governments. Models include the Florida Chamber of Commerce and the growth and climate related events that they hold each year or the Palms West Chamber of Commerce and their Florida Green, Energy & Climate Conference /Expo. This could increase awareness of the CAP's implementation, increase exposure for vendors of local g reen products and services and other common areas of interest. 17. Develop a partnership with the Greater Boynton Beach Chamber of Commerce to formulate a "green" certification program or `leadership council" to promote the concepts of cost savings and reductions in GHG emissions from the business community. Examples include Manatee County and the Green Business Leadership Council or Green Business Partners programs in Sarasota County. Develop a training program for local businesses in conjunction with this initiative. 16 Ul w 0 N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding 18. Establish a local partnership to offer education, training and resources for Dev. Date Date contractors and design professionals. Dept. 06!11 2012 Hosted International Green Building Code Council Fee training session Building on International Division Green Training Construction Account Code. Hosted a Interlocal meeting of the cost Gold Coast sharing Builders Association. Developing workshop to educate and integrate Contractors, Design Professionals and Public Artists on the City's Green Building Program. The workshops will begin in early 4.3 Fuel and Energy Use 2012 Objective: Reduce energy use in existing and new construction and incentivize the use of renewablefalternative energy sources. Develop a feasible target for renewable energy production within the City for City operations and facilities by a certain date. 1. Develop financial, regulatoDL and policy incentives, and explore partnerships, for Dev. 2011 On- Partnership with NIA. Staff 17 0 N IMPLEMENTATION STRATEGIES Dept. Start Cnd Status Pund - in g development of energy efficiency and renewable energy projects and -6- -Pt Date Date programs, training and incentivizing green jobs and assisting local business through retention p going the County on ErgY hou and expansion. General Revolving Loan Fund 2. Identify City buildings and facilities appropriate for renewable energy projects Public 2010 On- including street and parking lighting. Ensure involvement of the water and Works Th s d is captured in other for ARRA EECBG wastewater utilities facilities in this effort. Seek grants and other funding going goals the most part. grant opportunities to implement renewable energy projects on City buildings or at City facilities. Use retrofitted City facility projects as "demonstrations" to increase Grants Admin funding awareness in the community. assists in grant identification. and other operating Considering budget demonstration funds. solar project at 3. Assess vacant lands or other parcels a p appropriate to encourage the development Dev. 2011 TBD Fire Station # 5. of alternative energy projects. Verify that code provisions do not inadvertently Dept. Renewable N /A. Staff discourage alternative energy projects. Seek partnerships with electric utilities for energy will be the last the hours. siting renewable energy projects. Identify opportunities, such as solar photovoltaic phase of Green Building General Fund panels (PV), where a demand for manufacturing exists and develop an economic Program. Codes incentive program to attract green businesses. do not prohibit alternative energy 4. Create incentives for renewable energy use in new construction. Define City and Community standards for energy efficiency and renewable- Dev. 10112 9113 instailations Adoption of IGCC TBD energy criteria when assessing the housing, commercial and transportation sectors. Determine the Dept. is initial phase of feasibility of achieving low or zero net GHG emissions in all new buildings and the Green Building homes. Such standards could include a renewable energy target for homes and Program, businesses or use of renewable energy in a certain amount of public facilities. Renewable energy is phase 3 of the implementation. Phase 2 will constitute the 18 Ul Ul 0 N IMPLEMENTATION STRATEGIES -- Dept- Start Date End Date Status Funding residential implementation of the Green Building Program. Anticipated Phase 2 will be presented to commission in the latter part of the third quarter of 2011, with renewable energy to follow in the summer of 5. Develop p policies to ensure that new buildings and major remodels can adapt to Dev. TBD 012• the changing climate with concepts including building floor elevation or requiring Dept. TBD On hold pending NIA electrical infrastructure is located at a higher level in the building. adoption of Staff hours revised Palm General Beach County Fund flood plain maps and the upcoming revisions to the Florida Building 6. Explore an ESCO partnership as a possible opportunity for establishing a CMIPWI 4/11 TBD Have begun N/A measurement and verification system for existing energy use management in the City and CRA buildings. Utilities conversations Staff hours with departments General re; potential Fund projects for ESCO 7. Develop an ESCO energy request p y performance contract PC re uest for ro osal RFP rtnershi 19 Ul a, 0 N IMPLEMENTATION STRATEGIES Dept. Start Enci Status funding to avoid allocating capital dollars for eneWy retrofits on buildings and facilities. Date Date 8. Support initiatives to increase the amount of, and access to, alternatively fueled Public 2010 On- The industry has Evaluation vehicle infrastructure such as fueling stations. Works going cutback on much being done of the natural gas by staff. infrastructure. Staff hours Evaluating General 4.4 Transportation electric vehicles Fund Objective: Reduce per capita daily VMT each year for the next 20 years. 1. The City should establish an integrated network of non - motorized transportation P&Z 2011 TBD Team At this corridors by including and utilizing existing rights of way that connect parks, linear Rec recommendation time, only parks, greenways, canals and waterways to increase the non - motorized PW is to combine staff hours. transportation network. strategies 1 -5 as General 2. Identify any missing links in the network to ensure all City streets have sidewalks. part of a single Fund 3. Improve pedestrian continuity on downtown streets to decrease short trip non- motorized automobile use and iterative parking, increase transit viability and require less transportation parking. plan for the City. 4. Provide or require bicycle and pedestrian ways for connecting residential areas to recreational areas, schools, shopping areas and employment areas. Greenway, • Promote bicycling and pedestrian facilities and incorporate the "complete blueway, bikeway plan will address streets" concepts to accommodate the needs of different transportation some of these modes and users into the City's transportation plans. Accommodate issues. automobiles, transit vehicles and non - motorized forms of transportation. Recreation & • Ensure a safe and comfortable environment for diverse users. P&Z will start • Aesthetically pleasing. reviewing the 5. Place special emphasis on streets located in the downtown area and in single plan. Looking at family neighborhoods. potential for Transportation Enhancement 6. Evaluate and Improve City -Wide Bicycle Facilities Network and adopt a P&Z Beg�2012 Program Grant In process t ;zrs 20 Ul J 0 N IMPLEMENTATION (STRATEGIES pedestrian and bicycle master plan by (a commission- determined date). 7. Require a minimum amount of long -term bicycle parking areas for multi -famil Dept. Start I End Date Datf Status I funding Staff hours General Fund 8. Create Transportation Management Association (or Alliance) of Commercial Interests along the Corridor to Develop a Trip Linkage Strategy. 9. Implement traffic engineering improvements or enhancements. Prioritize the area Public 2010 along Congress Avenue between Gateway Boulevard and Woolbright Road_ Works 10. Identify and create — a � GIS map of existing locations for alternatively fu vehicle charging stations. Determine future opportunities for expansion of the network. 11. Include development approval incentives to encourage prioritized parking and charging stations for alternatively fueled vehicles in redevelopment projects. Dec County controls Staff hours 2011 all signal timing. General EV Infrastructure Staff discussions Fund on oin . General On- No EV Charging NIA going Stations currently Staff hours P &D and coming in the city. Link General added to Go Fund Green Boynton! web pages. Link points to US Department of Energy (DOE) — Alternative Fuels & Advanced Vehicles Data Center: ht9_-'Hwww _afd e nerov.00v /afdcllo 2011 TBD Staff has created NIA. EV Infrastructure Staff hours. ordinance. General Approved by Fund P &D and coming 21 (JI 00 IMPLEMENTATION STRATEGIES Dept. - Kia — rt Date — End Date Status Commission in _ - Funding Feb 2012. Objective: Determine current levels of citywide transit use and increase ridership. 12. The City should monitor the South Florida East Coast Corridor Study focusing on Public 2007 On- Engineering and - iq/ — A the eastern portions of the three counties, mainly along 1-95, U.S. 1 and Old Works going Planning staff Staff hours Dixie/Federal Highway. The Study objective is to relieve roadway congestion along continue to General the roadways while providing the needed freight transport to the area. The Study is attend meetings Fund also reviewing the potential for additional transit service along the corridor that would and monitor. provide connectivity to existing and proposed transit (Tri-Rail, Metrorail, Miami streetcar, East-West Line in Broward). 13. The City should create incentives to be implemented in the development approval process for commercial projects that link directly to public transit alternatives such as Tri-Rail. 14. Develop City-Wide Mufti-Modal Map that illustrates deficiencies and - F 5 & — Z TBID Dec. Upcoming — NIA opportunities related to transportation and land use integration. The City should work 2011 Staff hours with Palm Tran and private developers in Increasing the transit Modal split for all General trips and also work trips in the City of Boynton Beach Fund IS. City should coordinate with Palm Tran and other transit providers on the provision and/or enhancement of transit services that connect the City's western communities with downtown. _16. City should increase opportunities for park and ride facilities as a means to encourage greater use of transit and to increase opportunities for ridesharing. 17. Continue work with the MPO, TCRPC and Boynton Beach Community P&Z 1 2010 TBD Ongoing Redevelopment Agency on the Intracoastal Waterway (ICW) plan to expand all CRA Staff hours forms of water-based transportation. General 4.5 Land Use and Development Fund 4.5.1 Land Use 22 0 N IMPLEMEj1 Objective: Develop and transmit Comprehensive Plan amendments to implement the CAP and meet new Chapter 163, F.S. requirements to incorporate greenhouse as reduction strat lies into specific elements. 1. The future land use plan shall be based upon surveys, studies and data regarding the area, including the discouragement of urban sprawl; energy efficient land use patterns accounting for existing and future electric power generation and transmission systems; and greenhouse gas reduction strategies. This will require some level of coordination with power providers on future facilities. 2. Transportation strategies to address reduction in greenhouse gas emissions from the transportation sector, Section 163.3177(6xb) F.S. There is no explicit requirement for supporting data and analysis regarding GHG emissions. 3. In the Conservation Element of the Comprehensive Plan, Section 163.3177(6)(d), F.S. factors that affect energy conservation must be included and the Section requires the land use map or map series contained in the future land use element to generally identify and depict "energy conservation ". 4. The housing element shall consist of standards, plans, and principles to be followed in energy efficiency in the design and construction of new housing and the use of renewable energy sources. In Sections 163.3177(6)(f) h. and i., F.S. there are no definition of standards, and principles for energy efficiency in new construction or use of renewable energy sources. Recommendations to Comply with HB 697 Future Land Use Element: 5. The land use map or map series contained in the future land use element should be amended to generally identify and depict energy conservation. 6. Update the data and analysis discussion to include information from the GHG Inventory related to emissions data from various sectors. 7. Include efficient use of energy conservation as one of the resources and services to address in Objective 1.8 8. Update the Support Document to reflect additional aspects of strategies pertaining to compact, walkable neighborhoods, incentives for infill redevelopment, transit - oriented development and/or production and use of renewable energy sources from Dept. I Start I End Status Funding Date Date TBD I TBD 4.5.1 (1 -22) WA. Amendments to Staff hours Comp Plan General mandated by Fund Chapter 163, F.S. & additional implementing measures included in the CAP. Staff is currently reviewing due to legislative changes made to Chapter 163 Florida Statutes in session ended May 2011. 23 C) 0 N the CAP. Q. In policies related to energy efficient land use patterns, reduction of greenhouse gas emissions and the efficient use and conservation of energy, required by HB 697, include provisions such as increasing connectivity with the master pedestrian - bikeway-greenway- blueway plan and implementation of "qualifying improvements" district or other incentives to promote retrofitting of commercial and /or residential properties as well as City facilities. Transportation Element: 10. Update the data and analysis in the Support Document to include data related to transportation sector GHG emissions data at the Communitywide and City fleet levels. 11. Update the data and analysis in the Support Document to include the CAP recommendation pertaining to identification of missing links in sidewalk networks and establishing an integrated network of non - motorized transportation corridors such as rights of way, linear parks, greenways, canals and waterways. 12. Include a policy to implement recommendations in the CAP related to increasing opportunities for park and ride facilities and alternatively fueled vehicle charging stations. For instance this policy could be added under Objective 2.8 relating to reduction of energy consumption. Conservation Element: 13. Include an Objective and Policies to address implementation of strategies for conserving natural -area features. This could be done be creating a new Objective and Policy section or updating Objectives 4.5 and 4.6 to address these strategies. 15. Establish an urban forestry program to develop City -wide tree canopy survey with the eventual goal of reducing the 'heat island" effect due to dark or asphalt surfaces. Housing Element: 16. Include discussion of the City's Green Building Program for energy efficiency in the design and construction of new housing and the use of renewable energy sources. 17. Include a policy to promote partnerships with the City of Boynton Beach Funding 24 0 N IMPLEMENTATION STRATEGIES Community Redevelopment Agency (CRA) in programs to retrofit and upgrade properties. 18. Include a policy pertaining to development of a residential energy retrofitting ( "qualifying improvements ") program. Additional Potential Amendments to the Comprehensive Plan Based on the CAP Utilities Element: 19. Amend the Sanitary Sewer Sub - Element to include concepts under Objective 3A.6 related to consideration of energy audits for wastewater facilities and integrating renewable energy resources where appropriate. Coastal Element: 20. Revise Policy 7.1.4 to require construction in accordance with the 2007 version of the Florida Building Code. Intergovernmental Coordination Element: 21. • Add a policy promoting the City's partnerships with other municipalities, TCRPC, MPO, Palm Beach County and other local governments related to the CAP's recommendations. • Add a policy that promotes coordination with the efforts of the Southeast Florida Regional Climate Change Compact. • The City should continue and enhance partnerships with the TCRPC on regional land use plans incorporating climate change adaptation, VMT and increased energy efficiency. For instance, coordinate the City's Comprehensive Plan review and revision to incorporate the CAP consistent with the TCRPC's document "Energy Planning in the Twenty -First Century, A Guide for Florida Communities," December 2009 ( er��vty. tcruc. orq `ener Capital Improvements Element: 22. Add a policy that requires the City to coordinate the annual review of the CAP with the Capital Improvements planning process to capture new opportunities for funding the CAP enr?mv ,nvinn Dept. SDa � I Date Status Funding 25 N 0 N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding Optional Element of Comprehensive Plan Date Date 23. The City should consider adoption of a new element of the Comprehensive Plan, pursuant to Section 163.3177, F.S., an "Energy Conservation Element" to capture most of the remaining CAP recommendations. Many local governments across the state are addressing energy conservation, including related issues pertaining to climate change and the resulting impacts, in an optional element of their respective Comprehensive Plans. The City's Sustainability Team will provide recommendations as to the scope of material to be covered in this optional element and its Support Document. 4.5.2 Sustainable Construction Objective: Revise the LDR as needed for policy and short term land development decision - making that supports the Climate Action Plan. 1. Govern the City by "green" or "sustainable" Land Development Regulations with different "tiers" (for example, for single family, multi- family, commercial) design Dev. 10110 August Green Building TgD of criteria to provide a variety of incentives to landowners /developers. More "intense" Dept. 2012 Program, Phase 1 for commercial incentives are reserved only for parts of the City that are designated for high density buildings, and intense redevelopment. adopted in May 2011 with incentives. Phase 2 — residential buildings anticipated for Commission presentation in late third quarter 2011; Phase 3 - renewable energy — summer 2. Review its land development regulations to determine the feasibility of using land 2012a use and parking strategies that reduce reliance on automobiles including but not 26 a, w O N IMPLEMENTATION STRATEGIES Dept. Start End Status Funding limited to strategic reductions in parking supply, encouraging short term over long Date Date term parking, promotion of park - and -ride and bike -and -ride areas and shared p arking facilities. 3. Identify land use categories and zoning districts where alternative energy projects P�2011 TBD Partially complete TBD are an allowable use. Ensure land development regulations comply with Section Upcoming 163.04, F.S. in that property owners cannot be denied (nor can condominium associations restrictors prohibit) solar collectors, clotheslines or other energy devices from renewable resources. Similarly, Section 718.113(6) F.S. allows the board of administration of a condominium the authority to install upon or within the common elements or association property of a condominium solar collector, clotheslines, or other energy efficient devices based on renewable resources for the benefit of owners. 4. Create an incentive for projects that includes a "20- Minute Complete Neighborhoods" approach whereby residents can safely walk a relatively short distance from home to most of the destinations and services they use every day. This could require development applicants to submit a list of neighborhood services within a 20 Minute walking distance from their project such as: • Neighborhood oriented commercial • Restaurants • Drug stores • Convenience stores • Transit stops • Schools • Parks 5. Develop process and land development standards: Dev. 2012 TBD In process. NIA. Staff • Establish a recognition program for new construction and renovation, Dept. Waiting on hours. feature on website and social networking including signage for projects Branding to General achieving rating. design Fund • Applications for buildings over a commission- determined square footage recognition logo threshold shall include a building design and construction commissioning & formalize Ian and shall be commissioned b y a qualified commissioning agent to program. 27 0 N 28 Ul 0 N 29 0 N IMPLEMENTATION STRATEGIES • The USGBC LEED rating system. • The Green Building Initiative's Green Globes rating system. • The Florida Green Building Coalition standards, or « A nationally recognized, high - performance green building rating system as approved by the Florida Department of Management Services. Develop sustainable building criteria for capital improvements that are less than whole buildings. The City should track its own level of green house reductions at facilities and include these in the City's Annual Report on GHG emissions. Dept. I Starr I End I Status recommendation. It allows for LEED and other green rating systems. The City has embarked on the EPA Portfolio Manager to track our own levels of green house gas emission at city facilities. Staff is in the data entry phase of this project. vvryi Funding Fund. EPA Portfolio Mgr. software free. Green Building Fund 30 a\ J O N IMPLEMENTATION STRATEGIES green buildings; that meet a minimum level of green certification through a recognized green building program. — Enhance CRA Residential Improvement Program Grant ($20,000) to require energy efficient renovations. Dept. Start End Date Date CRA 1D111 9112 Status was not approved by CRA Board for FY 11112 Funding 31 6. D CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve the minutes from the City Commission regular meeting held on January 17, 2012 The City Commission met on January 17, 2012 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT N/A ALTERNATIVES N/A 68 of 192 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 17, 2012, at 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk ABSENT: William Orlove, Vice Mayor OPENINGS A. Call to order - Mayor Jose Rodriguez (Commissioner Holzman was not present.) Closed -door session to be held at 6:00 p.m., January 17, 2012 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB (AJ) Mayor Rodriguez called the meeting to order at 6:05 p.m. He announced there would be a closed -door session. Attorney Cherof explained it would be a recess to a closed - door session to discuss pending litigation between Clear Channel Outdoor Inc. versus the City of Boynton Beach. In attendance would be members of the City Commission that were present, City Manager, City Attorney and Mike Burke, Special Counsel to the City for the litigation. The session would last approximately 25 minutes. Motion Commissioner Ross moved to recess. Commissioner Hay seconded the motion. Vote The motion passed 3 -0. (Vice Mayor Orlove and Commissioner Holzman were not present). 69 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 (The Commission retumed to the dais) Motion At 6:41 p.m. Commissioner Ross moved to reconvene the meeting. Commission Hay seconded the motion. Vote The motion passed 4 -0. B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross The invocation was given by Commissioner Ross who also led the Pledge of Allegiance to the Flag. Mayor Rodriguez advised Vice Mayor Orlove was not in attendance and Commissioner Hay, as the senior Commissioner, would be acting as Vice Mayor, if needed. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Item 6.D. 2. Adoption Motion Commissioner Hay moved to adopt the agenda. Commissioner Holzman seconded the motion. Vote The motion passed 4 -0. City Clerk Prainito advised Vice Mayor Orlove had emailed requesting a change be made to the Workshop minutes. Motion Commissioner Holzman moved to table Item 6.A. Commissioner Hay seconded the motion. 2 70 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed 4 -0. January 17, 2012 Attorney Cherof had an addition to the agenda as Item 3.13 to announce a closed -door session in the case Seymour Reiner :versus the City of Boynton Beach and other defendants. It would be held prior to the next meeting on February 7, 2012 commencing at 5:45 p.m. Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Hay had attended the Chamber of Commerce luncheon and swore in the Board of Directors. He also noted a majority of the Commissioners had attended the Martin Luther King dinner and the march on Monday morning. There would be a League of Cities meeting on January 18tH Commissioner Ross had attended the Palm Beach County Days in Tallahassee for the new legislative session. There is a bill pending to counter prior legislation allowing guns in government buildings and daycare centers. Jeff Atwater, State Chief Financial Officer, had remarked the financial conditions were somewhat better than last year and was very optimistic for the future. Mayor Rodriguez had also attended Palm Beach County Days and advised the revenues for the State of Florida were at one time $28 billion and during the crisis it went down to $21 billion. Currently the revenues are approximately $23 billion. The gap remains huge. Mayor Rodriguez enjoyed both the dinner and march for Martin Luther King Day. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Opening of the Congress Avenue Barrier Free Park on Saturday, January 21, 2012 71 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Wally Majors, Director of Recreation and Parks, was proud to announce on January 21st at 11 a.m. there would be a ribbon cutting for the Barrier Free Park. There would be many activities for children and a wheel chair tennis exhibition featuring some of the top players in the country. A short video was displayed to better define the concept of "barrier free". B. Request for a closed -door session on February 7, 2012 to discussion the case of Seymour Reiner versus the City of Boynton Beach and others. Attorney Cherof advised there was litigation pending against the City and other parties. The case was being handled by outside counsel and monitored by the Risk Manager. The case is Seymour vs. Comcast, Delcom, City of Boynton Beach, Palm Beach County and is pending in Circuit Court in Palm Beach County. There is a settlement proposal pending that has to be reviewed. He suggested 5:45 p.m. would be appropriate. 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) No one came forward. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Holzman moved to table his Arts Commission alternate appointment. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. Motion Commissioner Ross appointed Christine Moeller as a regular member of the Arts Commission. Commissioner Holzman seconded the motion. 72 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed 4 -0. January 17, 2012 Motion Commissioner Holzman moved to table the Historic Resources Preservation Board regular appointment. Commissioner Ross seconded the motion. Vote The motion passed 4 -0. Mayor Rodriguez noted there were no other applicants for the appointments. B. Appoint Vice -Chair for the Financial Advisory Committee Mayor Rodriguez pointed out William Shulman was one of the founding members of the Financial Advisory Committee and he was a Certified Public Accountant. Motion Commissioner Hay moved to appoint William Shulman as the Vice Chair of the Financial Advisory Committee. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public comment. Don Scantlan, Chair of the Financial Advisory Committee, reported a query at the recent meeting revealed Jeff Fisher was the only Committee member interested in the Vice Chair position. Commissioner Ross urged Mr. Scantlan to relate to Mr. Shulman he was the choice of the Commission. Mr. Scantlan agreed to relay the recommendation. Vote The motion passed 4-0. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 73 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 A. Approve the minutes from the Joint City Commission /Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 (This item was tabled to February. '7, 2012) B. PROPOSED RESOLUTION NO. R12 -012 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with JMT Assets LLC for the property at 1095 Ridge Rd, Lantana, FL. C. Accept the written report to the Commission for purchases over $10,000 for the month of December 2011. D. Accept the first quarterly update regarding the Volen Center Shopper Hopper program. Commissioner Holzman voiced concern that the ridership was less than half of the Shopper Hopper program and inquired what efforts were being made to recapture the higher number of riders. Mr. Majors responded the primary reason for the decline in ridership was the cost increase from 50 cents each way to $3 each way. He stressed the budget for the program went from $225,000 a year to $75,000 a year reducing the expense more than 50 %. Commissioner Holzman reiterated a segment of the population that utilized the Shopper Hopper appeared to be lost. There should be a way to attract more riders. Mr. Majors opined many of the seniors were still getting to the Senior Center, but not utilizing the Shopper Hopper. Attendance at the Senior Center had not decreased. No concerns relating to transportation had been related to Mr. Majors. Ms. LaVerriere advised the first month the City Manager's office received four calls and the next month only one call was received with no real complaints. She cautioned it is a transition period. Mr. Majors indicated many of the seniors had found a different way to get to the Center. Mayor Rodriguez had received feedback that some seniors had used the service that were capable and had transportation available. The Shopper Hopper was a less expensive means of transportation. Mr. Majors added transportation to the Senior Center for lunch is free. Motion Commissioner Holzman moved to accept. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. 74 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -013 - (a) Approve the selection of NEC Corporation of America responding to RFP #064 - 1510- 11 /JMA for THE REPAIR AND MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS and (b) Authorize the Interim City Manager to sign a three year Maintenance Agreement in the amount of $36,465.60 per year for a total expenditure of $109,396.80 plus charges for services outside of the Maintenance Agreement for potential moves, additions, or changes to the telecommunications infrastructure. Mayor Rodriguez opened the issue for any public input. No one came forward. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS FA 75 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 A. Discussion - City Commission delegation /travel to Sister City - Les Cayes, Haiti Ms. LaVerriere advised, as part of the agreement with Les Cayes as a Sister City, the City of Boynton Beach was invited to send a delegation to Haiti in mid - February to participate in a national event for Haiti. Mayor Rodriguez understood there were meetings scheduled both before and after the event and there was a request for the Interim City Manager and Assistant Manager, Fire Chief and Utilities Director to potentially participate. Commissioner Holzman recalled he had inquired if the Sister Cities Committee or Les Cayes itself would return to the Commission to request any funding and had been advised there would be no such request. It would be wonderful to exchange ideas using a variety of available technologies. The City has dire needs and stringent budget constraints that require the Fire Chief and Utilities Director to be present in the City of Boynton Beach. If the department heads are not needed daily, then that issue should be addressed. Commissioner Holzman suggested a policy be created that any delegates sent to a Sister City, pay their own expenses or a super majority vote be required of any board going forward to fund any trip. The City has laid off many employees and to even consider paying these "feel good" expenses would be an insult to those who lost their jobs and the citizens being asked to pay higher taxes. Mayor Rodriguez advised he would fully fund his own trip if he decided to attend. He felt obligated to go since the Mayor of Les Cayes had come to Boynton Beach. Commissioner Hay understood Commissioner Holzman's concerns with the cost; however, when the agreement was signed it should have been understood there would be some type of visitation. He did not feel it should come out of the Commission budget and more planning should have taken place to budget for a trip by a delegation. Commissioner Hay inquired if there was any other revenue source. Commissioner Hay did express an interest in going, Vice Mayor Orlove, Commissioner Holzman and Commissioner Ross had work commitments that would not allow their participation. Motion Commissioner Holzman moved to require any delegation that goes to any Sister City program to fund their own trip. The motion failed for lack of a second. Jeanne Heavilin, President of the Sister Cities Committee, outlined the air fare cost would be approximately $415 round trip, food and lodging cost would be approximately $200 and there was an extensive itinerary of meetings and tours to establish relationships. 76 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Mayor Rodriguez advised Kofi Boateng, Director of Utilities, would participate and would pay his own expenses. There was agreement that a policy for the future should be discussed when a full Commission was in attendance. There was consensus the delegation would be Mayor Rodriguez, Commissioner Hay, and Kofi Boateng and the expenses would not be funded from taxpayer dollars. Motion Commissioner Ross moved to approve for Commissioners and staff to go to Les Cayes, Haiti and pay for the expenses themselves. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. Ms. LaVerriere would contact Fire Chief Carter regarding his possible involvement. 13. LEGAL A. PROPOSED RESOLUTION NO. R12 -014 - Approve (1) authorizing the issuance of Series 2012 revenue bonds not to exceed the amount of $9,000,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to pay or reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2012 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2012 bonds to Piper Jaffray & Co., and delegating the Mayor and City Manager to fix the final terms and conditions of the 2012 bonds and documents subject to certain parameters; (4) appointing Regions Bank as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2012 bonds. Attorney Cherof read Proposed Resolution No. R12 -014 by title only. Mayor Rodriguez recalled the current Resolution formalized a motion that had passed to support the bond issue. Mr. Atwood agreed the issue had been passed a year ago for a slightly lower amount. An underwriter could not market the bonds. The authorization for the transaction expired in December, 2011. A new underwriter had been obtained and a similar request was being made. There would be no out -of- pocket expense to the City and $15,000 in revenue would be gained. There would be no loss in tax revenue because the building is already tax exempt. The terms had not changed. Commissioner Hay felt it was an excellent move for the School and the City of Boynton Beach would not be held liable to repay the bonds even if the School defaulted. 77 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion with discussion. Commissioner Ross disclosed she had spoken with Pamela Owens. Commissioner Holzman did not support the original request and remained against the current request. The value of the School was not an issue. The question was if the City wanted to assist the school in purchasing a building within the industrial zone. The Commission was tasked with keeping the industrial area open for tax paying businesses that ultimately takes the burden off the citizens. Commissioner Holzman stressed the City was not a bank. He wanted to keep the property open for businesses to come in and make an investment in upgrading the infrastructure and jobs available to residents. Mayor Rodriguez opened the issue for public comment and no one came forward. Commissioner Ross confirmed the Palm Beach School District would not back the funding. Mr. Atwood advised school districts do not have the authorization in the State of Florida to issue the bonds. The building is currently tax exempt and not paying the fire assessment. Mayor Rodriguez suggested the possibility of negotiating payment of the fire assessment may be appropriate. Attorney Cherof agreed to review the issue. Any payments could not be retroactive. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 14. FUTURE AGENDA ITEMS A. Brand Promise Committee Report - 2/7/12 B. Arts Commission Annual Report- 217112 C. Charter Review Committee Report - 2/7/12 D. Economic Development Program Update- 217112 E. Climate Action Plan Quarterly Report for 3rd & 4th Qtr 2011 - 217112 F. Update on City -owned property for sale- 3/6/12 iul 78 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 G. Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 H. Update on In -house Medical Clinic- 3120112 I. Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 7:22 p.m. CITY OF BOYNTON BEACH Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow Hay, Commissioner ATTEST: Steven Holzman, Commissioner Janet M. Prainito, MMC Marlene Ross, Commissioner City Clerk gith A. Pyle, CIVIC deputy City Clerk 11 79 of 192 6. E CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve the minutes from the Joint City Commission /Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 (TABLED ON JANUARY 17, 2012) The City Commission met at a Joint Workshop with the Community Redevelopment Agency Board on November 19, 2011 and a regular City Commission meeting on January 3, 2012 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT N/A ALTERNATIVES N/A 80 of 192 MINUTES OF THE SPECIAL JOINT CITY COMMISSION COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN THE LIBRARY PROGRAM ROOM, LIBRARY, BOYNTON BEACH, FLORIDA, AT 9:00 A.M., ON SATURDAY, NOVEMBER 19, 2011 PRESENT: Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner James "Buck" Buchanan, Board Member Mark Karageorge, Board Member Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Rodriguez opened the special joint meeting of the Commission and Community Redevelopment Agency Board at 9:01 p.m. Mayor Rodriguez had created an agenda and reviewed the various topics for discussion as follows: I. Confirm existing City Hall /Police site for renovation /expansion 11. Fire Station #1 — Do we need Station #1 for space III. Sources of Revenue IV. Instruct staff to explore more specific details Vice Mayor Orlove wanted to include discussion relating to the Old High School. Motion Vice Mayor Orlove moved to approve the agenda as amended. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Confirm existing City Hall /Police site for renovation /expansion a. Review options /cost 81 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 Mayor Rodriguez recalled the May 17 City Commission meeting when the various options were discussed. There was the refresh option, remodel /expand option and remodel /upgrade option. A 20 and a 30 year remodel /upgrade was proposed for $14 million and $24.7 million respectively. Jeff Livergood, Director of Public Works and Engineering, explained it would be necessary to view the options both short term and long term. It must include the vision for the downtown and community. Space is needed for operations based on the services and programs provided for the population and future growth. Space had been consolidated between the east wing and west wing due to staff reductions to provide additional space for the Police Department. The result has made the refresh option more viable and maintains the operations in the existing complex for more years. Some mechanical and plumbing maintenance had been delayed pending a decision on the future of the entire complex. Life safety needs are the most expensive item that has to be considered if the intention would be to remain at the current location for 20 years. However, the upgrades are not necessary. There are also State monies that could be used to reconfigure space and buildings that could be expanded within the original site plan. Vice Mayor Orlove noted the building does not meet certain hurricane standards. It was speculated it could survive a Category 2 or possibly a Category 3. It was felt the basic, essential services could be provided out of Fire Station #5 in the event of a hurricane. Essential services in relation to building standards would be municipal government and a new facility would be designed to withstand a Category 4. The critical police and fire services should be provided and the support operations to provide those services. There are measures in place for each department to continue operations after a disaster. Mr. Livergood was not suggesting the building should be hardened to withstand a Category 4 or 5. A total rebuild would be needed to efficiently achieve that goal. Carisse LeJeune, Interim Assistant City Manager, explained each department had a COOP (Continuing Operations) plan. The Disaster Recovery Plan is tested at least once a year utilizing the WEB EOC (Emergency Operation Center) that enables a direct link with the County EOC. Mr. Livergood noted a plan for relocation of the Communications Center was essential to achieve continuity of operations. City Hall can continue to operate for many years without the life safety upgrades depending on the level of risk that is deemed acceptable. The refresh option would add 10 to 15 years of life to the existing structure. Vice Mayor Orlove sought consensus on the intent of the Commission and Board to continue City operations at the current location for many years and expanding the police space. Commissioner Hay agreed with the concept of retaining the City Hall complex as did Commissioners Holzman and Ross. Mr. Buchanan and Mr. Karageorge agreed. 82 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 Commissioner Holzman questioned if the expenses to expand the Police Department were included in the refresh option. Mr. Livergood pointed out remodeling the lower parking level for evidence storage would be a new component that would be used to leverage additional administrative space within the current structure. By deciding to refresh the existing building, the community would retain the option to expand the footprint in the future as space becomes more critical with future growth. Commissioner Holzman surmised the $4 million cost may be slightly more, but with some economies of scale, the $14 million may be slightly less using the refresh option and expansion for the Police Department, Police Chief Matt Immler advised there was a critical need to expand the evidence and property area. All the vehicles previously stored in the lower level of the garage had been transferred to the contract tow company to utilize free storage. It would be too expensive to move the evidence and property off site and security levels could not be ensured. There had been $175,000 allocated for evidence remodeling within the Police administration building. Redirecting the funding to remodel the parking garage area would be only slightly more expensive. The figure of $5 million would address the space issues and the evidence needs. Commissioner Holzman offered some type of extensive fire suppression system would be needed for the evidence and property area that would add to the cost. He also questioned if there would be any significant savings by adding a fire suppression system. Over time, the savings may negate the actual cost. Commissioner Holzman emphasized the labor and construction costs were much lower now than previous years. He supported the refresh model, but felt some of the expansion items should be included to recognize available cost savings. The $4 million cost may increase to $7 million and stretch the life of the building from 10 to 20 years. Commissioner Hay requested Chief Immler estimate the space needs to accommodate the evidence and property now and in the future. Chief Immler estimated the space need would at least double. There would be a need to have an area for storage of evidence that is climate controlled, fire suppressed and ventilated. Approximately 60,000 total square feet would be sufficient for a number of years. It was anticipated that Communications would either move to Fire Station #5 or combine with Boca Raton and Delray to a consolidated dispatch center. This would decrease the space needs. Consensus Mayor Rodriguez summarized the refresh option, plus the evidence expansion and the fire suppression system cost should be evaluated for future exploration. It would be a hybrid between the refresh option and the remodel /upgrade option. Commissioner Ross understood the fire suppression expense could be offset in some manner by a decrease in insurance rates. Interim Chief Carter speculated some small 83 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 savings may be achieved with the addition of a fire suppression system. Commercial insurance rates are usually driven by the community rate for suppression. The City of Boynton Beach has a rate of two which is next to the highest, whether the building has a fire suppression system or not. Mayor Rodriguez interjected the expansion of space would create an increase in liability that may equalize the equation. Fire Station #1 — Do we need station 1 for space a. True Cost b. Cost saving elimination C. Move staff to Ocean Ridge 1. Discussion and letter from Mayor Kaieel 2. True personnel /equipment pass through cost d. Cost/benefit Fire Chief Carter related there were several options such as closing Fire Station #1 and moving the unit to a different location. The Town of Ocean Ridge had expressed some interest in housing equipment at their Town Complex. Chief Carter was concerned with maintaining appropriate response times for the entire City. The data reveals there is a corridor east of 1 -95 and from Gateway Boulevard to Woolbright that has the greatest concentration of calls with the current Fire Station #1 in the middle of the zone. It could move to the outer edge slightly with no impact since Fire Station #5 is to the north and Fire Station #4 is to the south. Mayor Rodriguez questioned if there was a need for the space and the allocation of the space, in conjunction with the scope of the Downtown Master Plan. Mr. Livergood replied the entire scenario hinges on the sale of the three City -owned properties at High Ridge, Leisureville and South Congress. The additional space at the City Hall Complex would definitely be needed if the South Congress facility were sold because the traffic division is there and vehicle and equipment storage is on site presently. The approximate value of the South Congress property was a few hundred thousand dollars. Mr. Livergood also indicated that if Fire Station #1 were moved, the existing space could be used for support administrative staff for the Police Department to further reduce the burden on the current available space. Mayor Rodriguez summarized the need was to have the Police Department centralized and efficiently functioning downtown. Chief Carter advised the annual cost of running the physical facility for Fire Station #1 at the current location was $50,000. There was also the cost of equipment and personnel that would follow to any location. There is typically only one unit at Fire Station #1 and the personnel is approximately $337,000 a year and could be as much as $400,000 depending on the classification of staff with the equipment. The equipment cost would be $30,000 a year for each unit. 84 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 Chief Carter agreed it would be feasible to consider running Fire Station #1 from the Town of Ocean Ridge. The issue becomes the concentration of calls around the City Hall location. The area runs from 14 Avenue on the north to 5 th Avenue on the south, 1 -95 on the west and the Intracoastal Waterway on the east, which has the highest concentration of calls. Moving Fire Station #1 further east could result in a fluctuation in response times of 30 to 40 seconds. There would be the possibility of generating additional revenues after the Fire Station was established in the Town of Ocean Ridge. Commissioner Holzman understood, with only one unit at Fire Station #1, another unit from another location would be responding to Fire Station #1 calls as it currently functions. Chief Carter clarified it depended on the type of call and it happens in all zones at any time a call is received. Due to the reduction in staffing levels, the one unit is now staffed with three individuals. Vice Mayor Orlove wanted confirmation the unit housed on the barrier island would be answering calls across the bridge on the main land. Chief Carter cautioned the call volume in the area would not change because the station moves. It would still respond to the downtown area. The zones throughout the City would have to adjust slightly to equalize the coverage areas. The Town Manager of Ocean Ridge verbalized the concerns relating to increased response times if Fire Station #1 were closed. The available space was the old Fire Station of Ocean Ridge located at the Town Complex. Housing facilities would have to be added to the garage area that exists. Chief Carter interjected there would only be one unit at the location with three personnel. The available garage space was viable. The office space and living quarters would have to be accommodated too. The Town Manager anticipated modification to the available space in their Town Hall that includes showers and a kitchen for the Police Department. Vice Mayor Orlove was hopeful that a long -term relationship could be established to avoid the necessity of future moves back across the waterway. The Town Manager pointed out it would be an ideal location, if there was a consolidation of services for the towns along the barrier island. Commissioner Hay remained concerned with the changes in response times for the City of Boynton Beach residents. The Ocean Ridge Town Manager advised their Commission was in favor of pursuing the relocation and understood there would be a sharing of some expenses. Mayor Rodriguez stressed a long -term agreement would be required. Commissioner Holzman commented the focus of the Boynton Beach Fire Department should be the safety of the citizens of Boynton Beach first and foremost. He had previously suggested simply merging Fire Station #1 with Fire Station #4 and the increase in response times was a major concern. The proposal to move Fire Station #1 across the bridge would definitely increase the response times to Boynton Beach 85 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 residents. He argued Fire Station #4 already serves the barrier islands and the response time would change only minimally and still meet any overall State requirements. Merging the two stations would only add five tenths of a mile to any response time and eliminate the bridge issues. Mayor Rodriguez recalled the original plan was to close Fire Station #1 when the new facility, Fire Station #2, was operational on Woolbright Road. The proposal would be a compromise of the original plans and maintain the level of service available at this time. Chief Carter cautioned if Fire Stations #1 and #4 were merged there would be a marked increase in the response times to the north end of Ocean Ridge. Specific data revealed there was as much as a minute and half increase in response times. Chief Carter did not feel that would be acceptable to the Town of Ocean Ridge. Ultimately, moving Fire Station #1 to any location would increase response times to the downtown area. Police Chief Chris Yanuzzi from Ocean Ridge and Town Marshall for the Village of Briny Breezes acknowledged the cooperative efforts that have been ongoing in the discussions. He sensed there was an underlying conflict between facilities and people. The residents in his areas were very concerned with the proposed closing of Fire Station #1. He emphasized Ocean Ridge pays $870,301 and Briny Breezes pays $281,925 for a total of $1,152,226 for the protection and it is over three times more than the estimated annual cost for Fire Station #1. The contract also includes a guaranteed 4% increase each year until 2016. Response delayed is response denied and none of the residents of Ocean Ridge or Briny Breezes should be jeopardized. Chief Carter explained the minimum staffing would be a single ALS engine with paramedics and equipment. Two units with four personnel may be available depending on staffing throughout the City of Boynton Beach. The engine can provide all emergency services with the exception of transport to a hospital. Consensus Mayor Rodriguez declared there was consensus to have further discussion around potentially moving Fire Station #1 personnel over to Ocean Ridge and the opportunity for the Police Department to have a full facility at the central location downtown. Sources of Revenue Sale of City Property The sale of City -owned property had already been initiated at a prior meeting. The amount of revenue or the timeframe remained unknown. Mr. Livergood clarified the sale of the South Congress location would be contingent on the relocation or closing of 86 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 Fire Station #1. Soliciting for buyers would not necessarily result in a sale so the process could continue moving forward. Red light cameras Tim Howard, Deputy Finance Director, reported the remainder of the cameras had been installed in August and all were functioning. A figure of $300,000 was budgeted as revenue from the cameras. There is a time delay from the issuance of the citation to the collection of the monies. In the six months from the first installation, the revenues have now reached $300,000. There was a net gain for the month of September of $50,000 for an estimated $600,000 a year and $300,000 earmarked to balance the budget. Commissioner Holzman concluded the revenues would be diminishing as more people became aware of the cameras. Mr. Howard agreed a full twelve months would be needed to establish a more accurate revenue rate. The revenues were placed in a separate traffic safety fund. Consensus Mayor Rodriguez determined there was consensus to hold the excess over the initial $300,000 for the construction costs to move Fire Station #1. The funds could be transferred at any time during the year. The use of the funds would require Commission approval for whatever project. Vice Mayor Orlove suggested a report be given at a regular Commission meeting on the status of the revenue. He wanted confirmation that the monies could be used for any project. Ms. LaVerriere confirmed the monies were not restricted. C. Forfeiture fund Attorney Cherof reported forfeiture monies could be used for special programs. It cannot be used for normal operating costs. The money can be expended for a special unit. The monies cannot be used to balance the General Fund for recurring operational expenses. Chief Immler opined the security system for the evidence property area would be allowable under the forfeiture fund. It would be used for certain building components. Attorney Cherof explained the decision on the use of funds would begin with the recommendation of the Police Chief to the Commission and then the Commission would have to determine if it was a permissible use of the funding. It would have to undergo an in depth review. rommon :. Another possibility would be the issuance of a bond. It appeared if the refresh option was utilized there may not be a need to bond. Other sources of borrowing should also be considered. Ms. LaVerriere suggested a low interest rate on a loan may be better 87 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 than the issuance of a bond if the total cost was $4 million to $5 million. Mr. Howard reviewed a few options. There could be a long -term bank loan, go into the bond market and obtain revenue bonds that pledge sources of revenue or a general obligation (GO) bond that increases the millage by referendum or apply through the Florida League loan pool program that has monies for cities and counties. The interest rates are running, in the pool and bond market, between 5% to 6 %. The debt service through the loan pool would be $650,000 a year for ten years. The debt service on a loan would involve some additional fees. There are opportunities to get good deals with the current economic trends. Mayor Rodriguez indicated there was agreement to explore the options when the plans and figures are more definite. Mr. Howard reported there were two public service bonds issued in 2004 and 2006 that carry debt service. Communication tax and public service tax are pledged to a revenue bond. The funds helped to build Fire Station #5 and the addition to the Library and Parks and Recreation projects. Those bonds would be finished in 2027 with the annual debt service of $2.6 million. Commissioner Holzman wanted to receive a dual response on the cost in view of the revenue sources as a result of working together to achieve the maximum benefit. e. Referendum Mayor Rodriguez contended the referendum would have to be considered once the actual figures are obtained and revenue sources are known. The matter would be discussed at a later point in time. IV. Instruct Staff to explore more specific details In summary, staff had been asked to do the refresh option plus the evidence /property renovation and fire suppression system. Staff would also explore the moving of Fire Station #1 personnel over to Ocean Ridge and use Fire Station #1 as a facility for the Police Department. As feedback was received the revenue sources would be more closely reviewed. V. Update on Old High School Mayor Rodriguez announced no responses were received to the Request For Proposal (RFP). Two meetings were being held with developers to discuss the viability of previous plans and the reason for the lack of interest in the RFP. Vivian Brooks, Executive Director of the Community Redevelopment Agency, explained the lack of responses could be due to the economy, feasibility of the project or lack of clarity in the RFP. The pre -bid meeting did not reveal any significant questions. Hopefully more information could be obtained to explain the lack of response. 88 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 Mike Weiner, a local developer and lawyer, indicated the real issue was remediation. He suggested more information relating to the environmental situation of the building would assist in determining how much of the existing building has to be removed. In talking with possible tenants, there was a concern regarding the location and the traffic flow of customers required to be successful. Ms. Brooks felt there may have been confusion that it was a development project and not a construction project. Mr. Livergood contended the language was clear it was a development project. Mayor Rodriguez was pursuing a different philosophy than the RFP approach and eventually a presentation to the Commission. (Commissioner Holzman left the meeting at 10:41 a.m.) Vice Mayor Orlove inquired if the intent of the Commission still involved preserving the building and using it for public purpose. Mayor Rodriguez had not given up on the idea of refurbishing the building. Commissioner Ross agreed. Commissioner Hay concurred but the reality of the situation may have to be addressed if the cost to maintain the building continues. Mr. Livergood replied the maintenance cost was minimal and there was insurance cost. There have been steps taken to minimize the continued deterioration. Mayor Rodriguez opened the issue for public comment. Barbara Ready 329 SW 13 Avenue, was encouraged there would be progress in the downtown. The key element was the Old High School and the new branding could make Boynton Beach the art and cultural capital of the area. John McGovern, 2620 Spiceberry Lane, commented the Commission had demonstrated their commitment to historic preservation. The Old High School was a beautiful building that has suffered 20 years of neglect and needs attention. He remained optimistic that the historic value would be realized and appreciated. Cliff Montross, 109 SW 18 Street, was totally opposed to getting rid of the Old High School. He thought the facility should be refurbished for municipal purposes. Mr. Montross also questioned the status of Fire Station #1 on the barrier island if it were evacuated. Mayor Rodriguez advised the matter would be taken into consideration. Willie Aiken, 726 NE 1 $t Street, agreed with keeping the Old High School and recommended using the building for storage to save money and rental expenses. Attorney Cherof advised there was one more item for consideration. It was the request for reconsideration and re- adoption of R11 -129 to include the zoning district PCD in the notice of intent and proposed study. 89 of 192 Meeting Minutes Special Joint Commission /Community Redevelopment Agency Board Boynton Beach, FL November 19, 2011 Motion Vice Mayor Orlove so moved. Commissioner Hay seconded the motion. Vote The motion passed. (Commissioner Holzman was not in attendance). V. Adjournment There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 10:50 a.m. CITY OF BOYNTON BEACH .lose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow Hay, Commissioner ATTEST: Steven Holzman, Commissioner Janet M. Prainito, MMC Marlene Ross, Commissioner City Clerk ,4dith A. Pyle, CMC� eputy City Clerk im 90 of 192 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JANUARY 3, 2012 PRESENT: Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Rodriguez opened the meeting by welcoming everyone to the first meeting of 2012 and extending his wishes for good health, happiness and peace in the New Year. Commissioner Hay offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Holzman. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof asked to add Item 3.E to announce the rescheduling of a closed -door session to be held at 6:00 p.m., January 17, 2012 regarding Clear Channel Outdoor, Inc. vs. City Of Boynton Beach. The session would take approximately 30 minutes with the Commission, Interim City Manager, City Attorney and case counsel, Michael T. Burke, present. Commissioner Ross pulled Items 6.1 and M. Vice Mayor Orlove pulled Item 6.E. Commissioner Holzman pulled Item 6.0. Commissioner Hay had no additional items to be pulled. Mayor Rodriguez pulled Item 6.G. 2. Adoption 91 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Orlove had attended the Shop - with -a -Cop event held at Target. The event was held at WalMart as well. The police had done an outstanding job and Officer Kellman spearheads the event that raises more than $10,000 to give under- privileged children a happier holiday season. He announced the Sand Sifters beach cleanup on January 7, 2012 at Oceanfront Park and the Great American Bake -off being held on January 21, 2012 at the Civic Center along with an Arts and Craft Sale. Vice Mayor Orlove wished everyone a happy and successful New Year. Commissioner Ross noted the ceremony of signing the agreement with Les Cayes to become a Sister City had taken place at the Woman's Club. There would be a groundbreaking ceremony on Friday at 1 p.m. for the Ocean Breeze West project with Habitat for Humanity and Faith -based CDC to build 21 single - family homes. Mayor Rodriguez agreed that the Shop - with -a-Cop program was a great program and Officer Kellman was very dedicated to the kids. The Sister City ceremony was momentous and he looked forward to many successes in the future. Mayor Rodriguez advised he would be attending Palm Beach County Days in Tallahassee next week and asked staff for advocacy points to stress. If the Commission had any input, he would be glad to take those issues along. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of January 2012 as National Mentoring Month. Receiving the proclamation will be Gary Graham, Community Outreach Coordinator for the Children's Services Council of Palm Beach County, Mayor Rodriguez read the Proclamation for National Mentoring Month, January 2012. Mr. Graham thanked the Commission for the Proclamation and defined mentoring. A mentor spends time with kids and shows them what they can and cannot do. You can't be what you can't see. Show a kid another way and be a mentor. 92 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 B. Proclaim January 16, 2012 as the commemoration of Dr. Martin Luther King, Jr. Day Mayor Rodriguez proclaimed January 16, 2012 as Martin Luther King, Jr. Day in the City of Boynton Beach. There would be a walk commencing at 7 a.m. and the annual dinner held on January 15 at Benvenuto. C. Announce the Movies of the Ave film for January 6, 2012 Kathy Biscuiti, Special Events Director, reviewed all the events scheduled for January, 2012. Movies on the Ave would be held on Friday, January 6 th at the Ocean Avenue Amphitheater showing the movie, Larry Crowne, starting at 7 p.m. The Gourmet Food Trucks would be at all events. D. Announce Sunday Funday on Sunday, January 8, 2012 The Sunday Funday event would be held on January 8th at the Marina with a Sports Center, Bounce House, balloon animals being made, face painting and a musician teaching the children about percussion instruments. There would be fun for all ages. On Friday, January 20 would be the first Ocean Avenue concert featuring the band, Solstice Reign, playing classic rock from 6 p.m. to 9 p.m. The Downtown Open Market was scheduled for January 29 from 11 a.m. to 4 p.m. including the Gourmet Food Trucks. The art show and vintage items would be displayed for sale in and around the Civic Center with an oldies band playing in the amphitheater. E. Notice of closed -door session in the case of Clear Channel Outdoor vs. the City of Boynton Beach. Mayor Rodriguez remarked this item had been announced during agenda approval. 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) Floyd Zonenstein, 2620 NE 1S Court, Village Royale on the Green, President, inquired why the residents were paying for storm drainage and the area continues to flood during every rain storm. East of Seacrest the storm drainage was not being maintained causing the streets to continually flood. Mayor Rodriguez advised the matter would be investigated. 93 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Jerry Taytor, 1086 SW 26 Avenue, spoke on the request to place a house of worship in the Boynton Beach Mall. He contended it was not a good idea since non - profits do not pay taxes, even though the church had offered to pay the same amount to the City, in essence bribing the Commission. Mr. Taylor hoped the Commission would not accept the bribe. He urged the Commission to not allow the church into the Mall. Cliff Montross, 10g SW 18 Street, pointed out the purpose of the Community Redevelopment Agency (CRA) was to help people improve their properties and make life better for those individuals within the community. He complained the Boynton Beach CRA had an agenda for having a good time, not helping people. Mr. Montross urged the Commission to encourage the CRA to assist the property owners. No one else coming forward, Mayor Rodriguez closed public audience. He commented the CRA mission was to eliminate blight and slum and create an environment for redevelopment. More information would be provided to Mr. Montross. Commissioner Hay observed there would be a ground breaking for Ocean Breeze at 1 p.m. on Friday for the construction of 21 single - family homes, a CRA project. 5. ADMINISTRATIVE A. Accept the resignation of Willie Pearl Wilson, a regular member of the Library Board Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. B. Accept the resignation of Donn Davenport, a regular member of the Art Commission Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. C. Accept the resignation of Nubia Richman, an alternate member of the Arts Commission 4 94 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Motion Commissioner Hay so moved. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards Mayor Rodriguez suggested a motion to table all appointments would be appropriate since there were no eligible applicants. An application had been submitted, but it was the practice to allow the Clerk's office time to process the application for the next meeting. Motion Commissioner Hay moved to appoint Wendy Kelly as an alternate on the Community Relations Board. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Motion Commissioner Holzman moved to table the remaining appointments. Commissioner Hay seconded the motion. Vote The motion passed 5 -0. E. Confirm the nomination of Honorary Members of the Veterans Advisory Commission as Hilda Girtman Pitts, Wilbur Jean Sims, Larry Goidgeier, BG Albin Irzyk, Marvin Liebensohn, Angelina Milano (deceased) and Kurt Leuchner. Motion Commissioner Hay so moved. Vice Mayor Orlove seconded the motion for discussion. 9 95 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Vice Mayor Orlove noted one of the proposed honorary members was deceased. He was unsure of the precedent that may be established. Chuck Magazine, Board Representative, advised some of the honorary members were involved in the events sponsored by the Veterans Advisory Commission. Vice Mayor Orlove suggested the member be designated as "in memoriam ". Commissioner Hay amended his motion to include Ms. Milano's designation as "in memoriam ". Vice Mayor Orlove seconded the amended motion. Vote The motion passed unanimously. Vice Mayor Orlove requested to return to Item 5.D for discussion purposes, since he was on the prevailing side of the vote. Motion Vice Mayor Orlove so moved. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Vice Mayor Orlove understood there were a couple vacancies on the Financial Advisory Committee and not just one. The Chair of the Financial Advisory Committee was present and could relate the desire of the Committee. There is an alternate that would like to be moved to a regular position. Mayor Rodriguez confirmed the Clerk's office had processed the application received this date. Janet Prainito, City Clerk, agreed the past process was to hold any applications received after the agenda had been published for the next meeting. The applicant had been informed of that process and requested the application be distributed to the Commission. Commissioner Ross reported she had been informed of some urgency for the appointment that had been conveyed to the Interim City Manager by the Chair. Don Scantlan, Chair of the Financial Advisory Committee, related he had contacted the Interim City Manager and inquired why the alternate had not be moved up to a regular. Ms. Prainito advised Commissioner Ross had the regular appointment. Commissioner Ross wanted both regular appointments to be made with the two applicants. Mayor Rodriguez argued the Commission did not typically consider items submitted the day of the meeting. Mayor Rodriguez inquired if Commissioner Ross wanted to move Mr. Fisher up to a regular member and she did not. She did want to make a regular 96 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 appointment. Vice Mayor Orlove recalled appointments had been made from information handed to the Commission. Ms. Prainito commented in the last six to eight months the Commission has not considered applications received after publication of the agenda. Commissioner Ross stated she had received a message from the Interim City Manager that the Financial Advisory Committee wanted to ask her to appoint Mr. Fisher. She was taken aback because it would normally be done from the dais and she had passed on the appointment at the last meeting. She was not sure if that was a common practice with other Commissioners. The staff liaison, Mr. Atwood, would normally be the one to approach the Commissioner and discuss the issue. Commissioner Ross was concerned with the process and wanted to be sure the advisory boards and committees were following proper procedure. No other Commissioners were being approached with the request. Mayor Rodriguez indicated he had been approached on numerous occasions by individuals who knew he had an appointment and wanted his endorsement. Commissioner Ross interjected the matter was discussed at the meeting specifically directed to Commissioner Ross. Attorney Cherof agreed with the remarks of the City Clerk and stressed the Commission sets the protocol for appointments. They are appointments of the City Commission even though the designations of the appointments are rotated. They are not individual Commissioner appointments. It would not be an appropriate role of a liaison to make recommendations to an individual Commissioner or the collective Commission. Ms. Prainito pointed out there were two regular appointments and one alternate appointment for the Financial Advisory Committee. The two regular appointments could be made at this time. Commissioner Hay mentioned even though there was a protocol the Commission could overrule the established process. Motion Commissioner Ross moved to appoint David Katz as a regular member to the Financial Advisory Committee. Commissioner Hay seconded the motion. Vote The motion passes unanimously. Motion Mayor Rodriguez moved to move Jeff Fisher from an alternate to a regular member. Commissioner Hay seconded the motion. 97 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Vote The motion passed unanimously. Mr. Scantlan remarked there were two alternate positions open and skills in the pension area were needed. Vice Mayor Orlove requested the decision on a Vice Chair for the Committee should be placed on the next agenda. Ms. Prainito offered to review the Ordinance and add the appropriate item to the agenda when necessary. Attorney Cherof suggested the process of the appointment of board members and policy on appointments be revisited and brought back before the Commission for approval. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Accept the written report to the Commission for purchases over $10,000 for the month of November 2011. B. Approve release of the performance bond in the amount of $109,071.46 for the paving, grading, and drainage improvements to Minor and High Ridge Road in association with the Imagine Charter School project. C. Approve reduction of the performance bond by the amount of $103,064.40 for the restoration guarantee of SE 34th Avenue right of way. D. Accept the FY 2011 -12 Budget Status Reports of the General Fund & Utility Fund Revenues & Expenditures for the two (2) month period ended November 30, 2011. E. Approve the minutes from the City Commission regular meeting held on December 6, 2011 and the Special City Commission Meeting on December 13, 2011. Vice Mayor Orlove wanted to alter the minutes to show on page 21 that he did return to the dais to vote because the vote was 5 -0 and have the notation on page 25 removed that he had returned to the dais. 98 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Motion Vice Mayor Orlove moved to amend the minutes as stated. Commissioner Hay seconded the motion. Vote The motion passed unanimously. F, Approve the purchase of an Ion Chromatograph from Fisher Scientific at a price of $43,271.04 by utilizing the State of Florida Contract #490- 000 -07 -1 for Laboratory and Safety Supplies and Equipment. G. PROPOSED RESOLUTION NO. R12 -001 - Approve (a) the issuance of Utility System Revenue Bonds, Series 2012, not to exceed $55,000,000 and (b) approve related administrative authorizations Mayor Rodriguez had pulled the item since it was for $55 million. Barry Atwood, Finance Director, began by recalling in August a bond issue of $20 million had been approved. It had since been raised to $55 million. $30 million was added for maximum refunding at a better interest rate. $5 million is an additional reserve requirement that is not anticipated to be needed. The additional funding would save $500,000 from future debt service. Jay Glover, with Public Financial Management, Inc., the City's financial advisor, had worked with staff since August when $20 million in funding was approved for capital improvements. The debt service would be paid back over 25 years and all costs would be approximately 4.5 %. Interest rates continue to decline and bonds rates follow. Some of the existing debt issued in 2008 had been refinanced at lower rates for a savings of $500,000. Mr. Glover structured the deal and would work with the City on the day of pricing to get the lowest interest rates for a closing in early February. Julie Santamaria, with RBC Capital Markets, would serve as the underwriter for the City's bond. They act as liaison between the City and purchasing investors. If there are not sufficient investors, RBC would purchase the bonds and put their capital at risk. There has been incredible demand to push the rates down with safer investments in municipal bonds and water and sewer are among the safest. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public comment. No one came forward. 99 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Vote The motion passed unanimously. H. PROPOSED RESOLUTION NO. R12 -002 - Approve Agreement with Federal Property Registration Corporation (F.P.R.C.) for a one -year period for administration of the City's Vacant Property Registration Ordinance I. Approve the appointment of Carisse LeJeune, Interim Assistant City Manager, as a voting member of the Staff Steering Committee to the Southeast Florida Regional Climate Change Compact Counties (Compact), to represent the municipalities of Palm Beach County. Commissioner Ross had pulled the item to accent the importance of the designation. Carisse, LeJeune, Interim Assistant City Manager, explained four counties had joined together to identify vulnerabilities for climate change and the need for adaption and mitigation of changes. An action plan was created for south Florida. It was decided the municipalities should have a separate vote in the implementation plans and Boynton Beach was selected for the responsibility. Commissioner Ross added comments were being solicited and could be submitted until February 10, 2012. Mayor Rodriguez inquired if all other municipalities were going to share the cost for the time being spent on this endeavor on their behalf. Ms. LeJeune replied the time spent during working hours would be minimal. It would be secondary, with her primary responsibility to City. It was a labor of love for her that she was willing to expend to create a united voice for sustainability. Commissioner Hay congratulated Ms. LeJeune on the appointment. It was an investment the City has made that should be shared with all municipalities because it is an item of interest to the League of Cities. The League of Cities would ultimately have to approve the nomination of the City to be the designee. Commissioner Ross wanted Boynton Beach to be the leading City and supported Ms. LeJeune as the representative. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. J. PROPOSED RESOLUTION NO. R12 -003 - Approve the assessment of the cost of nuisance abatement on properties within the City of Boynton Beach 10 100 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 K. PROPOSED RESOLUTION NO. R12 -004 - Approve the Services Agreement between the City of Boynton Beach and Boynton Beach Faith Based CDC (the "Provider "), authorizing the City to enter into an agreement to provide funding in the amount of $1,225 to Boynton Beach Faith Based CDC as a partner in the implementation of the Gang Prevention and Intervention Grant. L. PROPOSED RESOLUTION NO. R12 -005 - Approve five (5) agreements for services for Community Development Block Grant (CDBG) sub - recipients previously approved for funding by Resolution R11 -080 on August 2, 2011 M. PROPOSED RESOLUTION NO. R12 -006 - Approve the Interlocal Agreement between the City and School Board of Palm Beach County for the mutual use of facilities Commissioner Ross inquired if the Interlocal Agreement included all the public schools in the City. Mr. Majors replied the agreement included all public schools within the City limits. The facilities are used for hosting public meetings, field days or even Commission meetings. Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. N. PROPOSED RESOLUTION NO. R12 -007- Approve the Interlocal Agreement between the City and the Town of Lantana for a Water Main Interconnection O. PROPOSED RESOLUTION NO. R12 -008 - Authorize Interim City Manager to execute an Agreement with MD Now Medical Centers, Inc. to provide Physician Services for the City of Boynton Beach Commissioner Holzman followed up on previous discussion to ensure the contract does not interfere with the City's investigation into a City clinic. He also wanted a status update on the clinic. Julie Oldbury, Director of Human Resources, indicated it would not impede any progress being made toward a City clinic. It was anticipated the feasibility of a clinic and a full report would be presented in March 2012. 11 101 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid for "THE PURCHASE OF UNIFORMS - TWO YEAR CONTRACT' Bid # 015 - 1412- 12 /MFD to Special Products Group, who met all specifications. The estimated annual expenditures is $134,000, with all items purchased on an as- needed basis. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R12 -009 - Approve and authorize the Interim City Manager to execute an Agreement with Caler, Donten, Levine, Porter & Veil, P.A. of West Palm Beach, FL for Financial Auditing Services for the City of Boynton Beach for the fiscal years ending 09/30/11, 09/30112, 09/30113, 09/30/14 and 09/30/15 with audit fees for each fiscal year of $96,650, $98,580, $100,550, $102,560 and $104,600, respectively. RFP #001 - 1410- 12/TWH Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -010 - Approve the piggy -back of Manatee County RFP #11- 1065FL with Siemens Water Technologies for ODOR AND CORROSION CONTROL SERVICES with an anticipated expenditure of approximately $200,000 12 102 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R12 -011 - Approve and authorize the Interim City Manager to sign Amendment No. 2 to amend the scope of services for Task Order #U07 -20 -01 with Wantman Group, Inc. for the Regional Force Main and Lift Station at Pence Park project Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS 13 103 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 A. Approve request by Lake Worth Christian School to hold a fundraising carnival on school property. Applicant: Jim Adams /Bob Hook for LWCS. Mike Rumpf, Director of Planning and Zoning, recalled this was the third application. Due to zoning complications the request had been forwarded to the Commission. The circumstances are the same as previous years. There have only been minimal disturbances at the event. Vice Mayor Orlove inquired if the process could be streamlined since the request is the same each year. Attorney Cherof advised the Commission has to approve each special event. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for any public discussion. No one came forward. Vote The motion passed unanimously. B. Discuss adoption of a resolution supporting Police and Fire Pension Reform. Attorney Cherof had brought the item forward based on the recommendation of the Florida League of Cities to advance two bills pending in the legislature. A significant factor is the issue regarding the presumptions of police or fire personnel having heart disease that is now an overwhelming presumption and difficult to defeat. The scope of the review of the presumption would be changed. There are also provisions regarding greater transparency by the pension boards and changes in the language relating to the 175 and 185 monies and their restricted use. The issue is whether the Commission wants to support a short phrased or long phrased bill. Commissioner Hay supported submitting a resolution. Commissioner Holzman supported pension reform in the City to make it more fair when using taxpayer monies. He was not in favor of providing support for a bill that no one has any type of intimate knowledge of the content. Vice Mayor Orlove agreed in part, but expressed concern the end result was unknown and the advantages and disadvantages to the proposal were unknown. Commissioner Ross felt support of the proposed legislation would be premature. She realized that reform was necessary, but not at this time. Mayor Rodriguez and Commissioner Hay contended the support was only to pursue some type of reform. The details were as yet unknown and further input could be 14 104 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 submitted. Mayor Rodriguez stressed the General Employee Pension Board recently voted that $3 million would have to be expended each year for fourteen years to balance the pension, exclusive of the Fire and Police pension plans. The General Employee Pension Fund is outperforming the Fire and Police funds. He supported some reform to help the cities. Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. No one came forward. Vote The motion passed 3 -2 (Vice Mayor Orlove and Commissioner Holzman dissenting). Attorney Cherof advised, based on the motion, a more generic resolution would be submitted for review and approval by the Commission that would indicate support and interest, without endorsing the bills as currently drafted. Commissioner Ross inquired if she could attend Palm Beach County Days in Tallahassee. Ms. LaVerriere wanted consensus on the attendance since the funds would be deducted from the travel budget. The cost would be approximately $1,000. Mntinn Commissioner Ross moved to add the discussion under New Business. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Mayor Rodriguez added he would be attending also. Vice Mayor Orlove inquired if sufficient funds were available. He was concerned that other opportunities for travel would arise and funding would be depleted. He suggested only one representative be funded. Motion Commissioner Hay moved to allow Commissioner Ross to attend Palm Beach County Days in Tallahassee. Vice Mayor Orlove seconded the motion for discussion. Vice Mayor Orlove wanted more financial data. Mayor Rodriguez suggested it be approved contingent on funding availability. 15 105 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Vote The motion passed unanimously contingent on funding availability. Mayor Rodriguez did not believe traveling to the Sister City in Haiti would be official City business and would have to be a personal expense. Attorney Cherof advised it would be dependent on the function of the trip. Vice Mayor Orlove thought if any Commissioner went, it would be official City business. Commissioner Holzman disagreed. 13. LEGAL A. PROPOSED ORDINANCE NO. 11 -432 - SECOND READING - Amend provisions of Chapter 2, Article VI, Section 2: City Parks and Recreation Impact Fee or Land Dedication. Applicant: City- initiated Attorney Cherof read Proposed Ordinance No. 11 -032 by title only, on second reading. Motion Commissioner Ross moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 11 -033 - SECOND READING - Amending Section 2 -41 of the Code of Ordinances establishing revised redistricting boundary maps Attorney Cherof read Proposed Ordinance No. 11 -033 by title only, on second reading. Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. Commissioner Hay established the changes would be effective immediately. Mayor Rodriguez opened the issue for public hearing. No one came forward. 16 106 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL January 3, 2012 Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 11 -034 - SECOND READING - Providing for an amendment to the Pension Plan for the General Employees which contained a scrivener's error in the definition of "Actuarial Equivalence Attorney Cherof read Proposed Ordinance No. 11 -034 by title only, on second reading. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. 1st Qtr update on Mae Volen Transportation Program - 1/17112 B. 3rd & 4th Qtr 2011 combined Climate Action Plan update - 1/17112 C. Brand Promise Committee Report - 2/7/12 D. Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 7:53 p.m. (Continued on next page). 17 107 of 192 Meeting Minutes Regular City Commission Boynton Beach, FL CITY OF BOYNTON BEACH Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow Hay, Commissioner January 3, 2012 ATTEST: Steven Holzman, Commissioner Janet M. Prainito, MMC Marlene Ross, Commissioner City Clerk �idith A. Pyle, C�� Deputy City Cle 18 108 of 192 6. F CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for three (3) month period ended December 31, 2011. EXPLANATION OF REQUEST This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Revenue Fund for the three (3) month period ended December 31, 2011 (25% of the fiscal year). The analysis compares • Actual results for the current period to the annual budget and • Actual results for the same period of the prior year annual budget. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT The annual budget and results to date for the General Fund and the Utility Revenue Fund follow. 109 of 192 GENERALFUND FY 2011 -12 Annual Actual to Date Budget Amount % Revenues & Transfers $ 65,142 $ 29,199 45% Expenditures $ (65,142) $ (22,313) 34% Excess (Deficit) $ - $ 6,886 Revenues & Trans �ers (Exhibit A) - FY 2010 -11 Annual Actual to Date Budget $ 68,551 $ (68,551) Amount % $ 30,062 44% $ (17,769) 26% $ 12,293 FY 2012 vs. 2011 Budget Actual -5% -3% -5% 26% Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for FY 2012. Transfers from other funds (non- revenues) provide $22.3 M or a large 34% of the total funding sources to balance our $65.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 22.5 M - Property taxes less Tax Increment Financing to the CRA 2. 31% - $ 20.3 M - All other revenues 3. 34% - $ 22.3 M - Transfers from other funds 100% - $ 65.1 M - Total funding sources The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an increase of $.8 M from FY 2011. To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an appropriation of the General Fund undesignated fund balance of $0.1 M representing a total of $22.3 M or 34% of all funding sources. Actual Funding Sources Realized: For the three month period in FY 2012, revenues and transfers realized are $29.2 M or 45% of the budget estimate compared to $30.0 M or 44% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $21.0 M (80% of the budget estimate) have been received to date versus $20.6 M (81 % of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: 1. Franchise Fees with $1.2 M or 28% actually collected in FY 2012 compared to 25% in FY 2011. The percent increase is due to reduced revenue estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012. 2. Business Taxes realized revenues of $1.2 M in both years to date. However, this only represents 82% of the revenue estimate for FY 2012 as the total estimated revenues increased from nearly $1.3 M in FY 2011 to nearly $1.5 M in FY 2012. 3. State Shared Revenues are on target with $1.5 M or 23% collected in FY 2012 which is reasonably on target with the budget in both years. 4. Public Safetv revenues reflecting $1.2 M or 30% collected in FY 2012 which is also reasonably on target with the budget in both years. 110 of 192 Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. These transfers to the General Fund reduce the fund balances in the other funds. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriated expenditures decreased approximately 5% from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many departments with the larger decreases coming from Police, Building and Development departments, and Parks Maintenance. Actual Expenditures — General Fund expenditures for the three month period ending December 31 (25% of the fiscal year) are $ 22.3 M that is 34% of the $65.1 M expenditure appropriation for FY 2012. At 34 %, we are ahead of last year's spending levels of $17.7 M or 26% actual spending levels in FY 2011 for this same period. This is due to the one -time payment for the City's pension obligations at the beginning of the fiscal year in order to save significant pension costs as opposed to previous years where the City made monthly payments. UTILITY REVENUE FUND Operational Variance $ - $ (395) $ - $ 281 With the approval of the Capital Improvement 'Ian (CIP) in FY 2010 -11 and the planned bond issues of $40 million in the next five (5) years, the Commission approved necessary rate increases to partially fund and maintain the Utility's Repair & Maintenance Capital Fund in addition to bond financing. As a result, there are the planned Revenue Fund increases in its Operational Plan in order to meet our CIP needs and to fund our increased debt service requirements. These factors should provide for adequate bond debt service coverage. Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund estimates an excess of revenues over expenditures of $6.8 M resulting in a fund balance increase (excess of revenues over expenditures) before added debt service and transfers to the Repair & Maintenance Capital Improvement Fund. To date this year, we are slightly behind our plan by $395 K versus being ahead of our plan last year by $281 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) — Actual revenues to date of $9.6 M and the planned fund balance increase of $1.7 M vary slightly in FY 2012 compared to the $ 9.4 M to date in FY 2011, because of two factors: 111 of 192 FY 2011 -12 FY 2010 -11 FY 2012 vs. 2011 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 39,077 $ 9,633 25% $ 36,309 $ 9,455 26% 8% 2% Revenue Fund Increase $ (6,860) $ (1,715) 25% $ (4,342) $ (1,085) 25% 58% 58% Net Revenues $ 32,217 $ 7,918 25% $ 31,967 $ 8,370 26% 1% -5% Expenditures $ (32,217) $ (8,313) 26% $ (31,967) $ (8,089) 25% 1% 3% Operational Variance $ - $ (395) $ - $ 281 With the approval of the Capital Improvement 'Ian (CIP) in FY 2010 -11 and the planned bond issues of $40 million in the next five (5) years, the Commission approved necessary rate increases to partially fund and maintain the Utility's Repair & Maintenance Capital Fund in addition to bond financing. As a result, there are the planned Revenue Fund increases in its Operational Plan in order to meet our CIP needs and to fund our increased debt service requirements. These factors should provide for adequate bond debt service coverage. Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund estimates an excess of revenues over expenditures of $6.8 M resulting in a fund balance increase (excess of revenues over expenditures) before added debt service and transfers to the Repair & Maintenance Capital Improvement Fund. To date this year, we are slightly behind our plan by $395 K versus being ahead of our plan last year by $281 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) — Actual revenues to date of $9.6 M and the planned fund balance increase of $1.7 M vary slightly in FY 2012 compared to the $ 9.4 M to date in FY 2011, because of two factors: 111 of 192 • Water Sales - $ 4.3 M equivalent to 24% of the annual estimate, compared to $4.4 M (26 %) at this point in FY2011. • Sewer Service - $4.0 M equivalent to 24% of the annual estimate, compared to $3.9 M (26 %) at this point in FY2011. Expenditures (Exhibit DI — The FY 2012 annual expenditure budget of $32.2 M represents a $0.3 M (1 %) increase from the FY 2011 budget of $31.9 M Expenditures to date are $ 8.3 M or 26% of the annual appropriation compared to expenditures of $ 8.0 M or 25% for the prior fiscal year. Similar to the General Fund, we are ahead of last year's spending levels due to the one -time payment for the City's pension obligations at the beginning of the fiscal year in order to save significant pension costs as opposed to previous years where the City made monthly payments. ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. 112 of 192 Two Year Cumulative Revenue Comparison and CFY Budget - ($ in thousands) $6,8•,168 �X HE 0,1 Nm De, J'n F b Mai Api Mh� Ju„ Jul Aur Sep - -X- - Cumulative 2010 -11 Actual • • • )K... Cumulative 2011 -12 Actual t 2011 -12 Budget S F,n,,.-]Rer- TY2011_2012,B,dter Re-,- GF -thn Dec II Sum- ,- 1100I ke, -Sm"'y R,, -d 112 112 01 2 113 of 192 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2011 (25% of Fiscal Year) REVENUES FY 2011 -12 FY 2011 -12 TO DATE FY 2010.11 FY 2010 -11 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES, net $ 26,319,000 $ 20,990,965 80% $ 25,507,000 20,631,062 81% LESS TIF TAXES TO CRA (3,782,000) (3,782,000) 100% (3,334,000) (3,334,000) 100% NET TAXES TO THE CITY 22,537,000 17,208,965 76% 22,173,000 17,297,062 78% LICENSES AND PERMITS FRANCHISE FEES 4,500,575 1,268,639 28% 5,024,575 1,242,816 25% BUSINESS TAXES 1,489,600 1,228,641 82% 1,282,000 1,249,155 97% BUILDING PERMITS 1,145,000 508,629 44% 493,000 301,199 61% OTHR LICENSES, FEES & PER 157,570 92,153 58% 201,000 89.945 45% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 55,000 4,189 8% 60,000 8,082 13% STATE SHARED REVENUES 6,481,200 1,494,244 23% 5,877,000 1,433,535 24% SHRD REV FROM OTHR LCL 545,000 54,612 10% 495,000 67,899 14% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 87,500 95,081 109% 81,150 83.603 103% CHRGS - GENERAL GOVT 545,000 135,983 25% 286,000 79,029 28% PUBLIC SAFETY 3,981,480 1,198,632 30% 3,859,000 1,120,094 29% CULTUREIRECREATION 312,500 88,798 28% 282,000 87,104 31% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 294,250 118,336 40% 155,000 90.145 58% INTEREST EARNINGS 101,000 18,861 19% 520,000 7,693 1% RENTS AND ROYALTIES 265,000 73,920 28% 401,000 90,127 22% SALE OF SURPLUS MATERIAL 10,000 374 4% 2,000 1,244 62% LIBRARY FINES 48,400 9,526 20% 40,000 4,889 0% OTHER MISC. REVENUE 268,400 19,637 7°% 212,000 31.750 15% INTERNAL FUND TRANSFERS TRANSFERS 22,207,800 5,551,950 25% 27,048,334 6,762,084 25% FUND BALANCE APPROPRIATED 110,000 27,500 25% 58,937 14,734 25% Total Revenues $ 65,142,275 $ 29,198,670 45% $ 68,550,996 30,062,189 44% $4l1,i1 i1) - Two Year Cumulative Revenue Comparison and CFY Budget - ($ in thousands) $6,8•,168 �X HE 0,1 Nm De, J'n F b Mai Api Mh� Ju„ Jul Aur Sep - -X- - Cumulative 2010 -11 Actual • • • )K... Cumulative 2011 -12 Actual t 2011 -12 Budget S F,n,,.-]Rer- TY2011_2012,B,dter Re-,- GF -thn Dec II Sum- ,- 1100I ke, -Sm"'y R,, -d 112 112 01 2 113 of 192 i5� $(7,!155 .X $13.514 4'7.3 9 Oct Nov De, Jan Feb Mar Apr hlap Jun Jul Aug Sep X Cumulative 2010 -11 Actual - - -X -- Cumulative 2011 -12 Actual 12011 -12 Budget S T ...... V ....... I R�p Frr -ial Repu� 1,1M 2011_` 1I'IBudga R-- - GF - thn lei I I S,immun1100l E.FenJ1 w1e S-- R,, ,,,d Ii ] W- 114 of 192 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2011 (25% of Fiscal Year) EXPENDITURES FY 2011 -12 FY 2011.12 TO DATE FY 2010 -11 FY 2010 -11 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 216,902 $ 63,217 29% $ 243,903 $ 75,064 31% CITY MANAGER 660,312 191,054 29% 571,292 142,692 25% CITY HALLIGEN. ADMIN. 1,676,277 367,648 22% 1,530,247 338,507 22% PUBLIC AFFAIRS 22,581 270 1% 141,815 35,100 25% CITY CLERK 495,066 146,582 30% 524,594 119,229 23% CITY ATTORNEY 515,927 108,316 21% 440,392 90,090 20% FINANCIAL SERVICES 1,031,888 349,493 34% 1,211,778 302,440 25% ITS 1,728,733 578,260 33% 1,931,853 486,936 25% GEOGRAPHICAL INFO SYSTEMS 0 0 0% 0 0 0% HUMAN RESOURCES 855,576 241,531 28% 923,994 231,097 25% ORGANIZATIONAL DEVELOP 0 0 0% 142,121 35,740 25% PUBLIC SAFETY COMMUNICATIONS 2,109,756 607,438 29% 2,092,949 494,218 24% POLICE 22,729,086 8,622,370 38% 23,495,585 6,269,167 27% CODE COMPLIANCE 965,955 317,805 33% 1,095,606 281,839 26% FIRE 18,651,590 6,997,691 38% 18,637,282 5,066,817 27% EMERGENCY MANAGEMENT 94,919 17,982 19% 106,592 (239) 0% ANIMAL CONTROL 0 0 0% 103,291 28,477 28% BUILDING & DEVELOPMENT DEVELOPMENT 371,693 91,763 25% 417,630 99,012 24% BUILDING 1,415,778 440,883 31% 1,697,828 406,253 24% ENGINEERING 533,227 161,857 30% 793,809 199,589 25% PLANNING & ZONING 638,692 218,944 34% 835,431 213,450 26% BUSINESS TAX 224,741 76,125 34% 247,172 61,866 25% PUBLIC WORKS PUBLIC WORKS 204,428 71,426 35% 272,951 69,564 25% FACILITIES MANAGEMENT 1,401,241 376,424 27% 1,559,765 377,890 24% STREETS MAINTENANCE 908,577 169,352 21% 972,151 228,071 23% LEISURE SERVICES LIBRARY 2,098,129 634,469 30% 2,243,271 555,412 25% SCHOOLHOUSE MUSEUM SERV 204,576 33,955 17% 204,519 6,384 3% RECREATION 2,833,308 770,593 27% 2,522,416 568,250 23% FORESTRY & GROUNDS 1,501,740 301,603 20% 1,524,771 302,912 20% PARKS MAINTENANCE 1,051,577 315,341 30% 2,065,898 540,644 26% CRA REIMBURSABLE & RESERVES - 21,071 0% - 142,923 0% Total Expenditures $ 65,142,275 $ 22,313,463 34% $ 68,550,906 $ 17,769,394 26% i5� $(7,!155 .X $13.514 4'7.3 9 Oct Nov De, Jan Feb Mar Apr hlap Jun Jul Aug Sep X Cumulative 2010 -11 Actual - - -X -- Cumulative 2011 -12 Actual 12011 -12 Budget S T ...... V ....... I R�p Frr -ial Repu� 1,1M 2011_` 1I'IBudga R-- - GF - thn lei I I S,immun1100l E.FenJ1 w1e S-- R,, ,,,d Ii ] W- 114 of 192 iJu( lu - t,u.mn - I IUAII - S1: 0" Noe Drc J' Fcb Nba .Spu n{a Jnn JnI Aug Scp - X-- Cumulative 2010 -11 Actual --- X---Cumulative 2011 -12 Actual +2011 -12 Budget SIFinum- Fina -al RepoitsWcntrly Firansial Reporis`FY201 I_201?1Budget Revim OF tru Dec 11 Summanzed401 Rev Sum 115 of 192 Two Year Cumulative Revenues Comparison and f FF Buul -t - I% in thnncandc I EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2011 (25% of Fiscal Year) REVENUES FY 2011.12 FY 2011.12 TO DATE FY 2010.11 FY 2010.11 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 18,433,000 $ 4,365,839 24% $ 16,900,000 $ 4,430,848 26% WATER CONNECTION FEE 15,000 5,810 39% 20,000 755 4% WATER SERVICE CHARGE 500,000 110,860 22% 300,000 93,940 31% WTR- BACKFLOW PREVNTR TEST 28,000 5,488 20% 25,000 18,448 0% RECLAIMED WATER SALES 45,000 7,771 17% 21,000 9,616 0% SEWER SERVICE 16,500,000 4,026,081 24% 15,442,569 3,945,635 26% STORMWATER UTILITY FEE 3,315,000 1,065,617 32% 3,315,000 925,547 28% STORMWATER SURCHARGE 60,000 0% - - 0% TELEVISE SEWER LINES 1,000 0% 5,000 - 0% FEES 6,000 2,870 48% 5,000 639 13% INTEREST INCOME 8,000 11,607 145% 62,000 (5,509) -9% SALE OF SURPLUS EQUIP. - 0% - - 0% OCEAN RGE UT TAX ADM CHG 500 122 24% 500 182 0% BAD DEBT RECOVERIES 10,000 0% 1,500 7,577 505% MISCELLANEOUS INCOME 55,000 5,630 10% 111,600 2,335 2% TRANSFER FROM SANITATION FUND 101,000 25,250 25% 101,000 25,250 25% FUND BALANCE INCREASE (6360,327) (1,715,082) 25% (4,342,592) (1,085,648) 25% TOTAL REVENUES $ 32,217,173 $ 7,917,863 25% $ 31,967,577 $ 8,369,615 26% iJu( lu - t,u.mn - I IUAII - S1: 0" Noe Drc J' Fcb Nba .Spu n{a Jnn JnI Aug Scp - X-- Cumulative 2010 -11 Actual --- X---Cumulative 2011 -12 Actual +2011 -12 Budget SIFinum- Fina -al RepoitsWcntrly Firansial Reporis`FY201 I_201?1Budget Revim OF tru Dec 11 Summanzed401 Rev Sum 115 of 192 Two Year Cumulative Revenues Comparison and f FF Buul -t - I% in thnncandc I EXHIBIT D $lo lxm S $ 2o.11uo $1o'000 S3,1 Ucl Nu, D,, Jan 1 ^eb Mar Apr slay Jun Jul Au, Sep - -X- -Cumulative 2010 -11 Actual . X Cumulative 2011 -12 Actual 12011 Budget S ',Fmduce\Finaucial ReporLoWoalhly Firrarrcial Repures FY2D11_2012�Budgel Review - OF - It ru Dec 11 Summarzed401 Exp Sum 116 of 192 Teo 1 our Cumnlalive Expenditures Comparison and CFY Budget - ($ in thousands) CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2011 (25% of Fiscal Year) EXPENDITURES FY 2011 -12 FY 2011 -12 TO DATE FY 2010 -11 FY 2010 -11 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,393,213 $ 412,147 30% $ 1,399,442 S 354,286 25% PUBLIC WATER TREATMENT 5,886,347 1,565,548 27% 6,194,098 1,910,271 31% METER READING & SERVICES 834,900 242,419 29% 914,433 226,890 25% WASTEWATER COLLECTION 1,370,651 396,788 29% 1,468,637 388,893 26% WASTEWATER PUMPING STATNS 2,058,645 567,679 28% 2,323,036 533,263 23% SEWAGE TREATMENT 3,425,000 757,451 22% 3,125,000 642,424 21% WATER QUALITY 585,908 184,248 31% 568,022 141,236 25% UTILITY ADMINISTRATION 1,351,183 430,914 32% 1,721,377 440,316 26% GENERAL ADMINISTRATION 5,853,373 1,427,164 24% 5,248,223 1.311,607 25% UTILITES ENGINEERING 1,225,036 423,272 35% 1,236,746 315,356 25% STORMWATER MAINTENANCE 696,328 191,227 27% 665,609 169,407 25% CUSTOMER RELATIONS 1,192,539 366,682 31% 1,168,316 306,341 26% DEBT SERVICE 6,343,050 1,347,277 21% 5,934,638 1,348,394 23% Total Expenditures $ 32,217,173 $ 8,312,816 26% $ 31,967,577 S 8,088,684 25% $lo lxm S $ 2o.11uo $1o'000 S3,1 Ucl Nu, D,, Jan 1 ^eb Mar Apr slay Jun Jul Au, Sep - -X- -Cumulative 2010 -11 Actual . X Cumulative 2011 -12 Actual 12011 Budget S ',Fmduce\Finaucial ReporLoWoalhly Firrarrcial Repures FY2D11_2012�Budgel Review - OF - It ru Dec 11 Summarzed401 Exp Sum 116 of 192 Teo 1 our Cumnlalive Expenditures Comparison and CFY Budget - ($ in thousands) 6. G CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve the proposed monuments and /or benches commemorating 1. U.S. Coast Guard & Auxiliary, 2. U.S. Marine Corps, 3. U.S. Army, 4. U.S. Navy, 5. U.S. Air Force, 6. Cuban Missile Crisis EXPLANATION OF REQUEST The Boynton Veterans Council is arranging for funding these monuments to be placed at the Veterans Memorial Park. The Boynton Beach Veterans' Advisory Commission voted to recommend that the City Commission accept these monuments for placement at Veterans Memorial Park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Public Works Department, Building & Grounds Division will be authorized to site the monuments as there are other monuments located within the Park. The Boynton Veterans' Council will be required to provide a signed and sealed drawing of the foundations which will need to be submitted to the Permitting offices for approval. The Boynton Veterans' Council will also be required to provide a signed and sealed report from an engineer affirming that the monuments will withstand the required wind load, which must be submitted in conjunction with the foundation permit applications. These requirements have been noted to and accepted by the Boynton Veterans' Council. FISCAL IMPACT The Boynton Veterans' Council has agreed to arrange for funding of these monuments, at no cost to the City. ALTERNATIVES Reject all or a portion of the offer of the Boynton Veterans' Council. 117 of 192 6. H CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Accept this report from the Finance Department of the recent issuance of $45,895,000 Utility System Revenue Bonds, Series 2012 EXPLANATION OF REQUEST This report is to brief the Commission on the purpose, results and requirements of the bond issue that was priced on January 18, 2012 with a final closing last week. Purpose of the 2012 Bonds - The 2012 Bonds are being issued by the City for the principal purpose of providing funds, together with other available funds of the City, • To pay capital expenditures relating to the City's utility system, • To refund all of the City's outstanding Utility System Revenue Bonds, Series 2008, on May 1, 2012, and • To pay costs associated with the issuance of the 2012 Bonds. Bond Pricing Results — Final pricing took place on Wednesday, January 18 (a date tentatively scheduled in late November) for the issuance of the Utility System Revenue Bonds. As we approached the date, municipal interest rates kept dropping to our benefit to a 3.766% true interest cost allowing us to refund a greater portion of Utility's 2008 outstanding bonds that have a 4.22% interest rate. The refunding is similar to individuals refinancing a home mortgage at lower rates. Besides having a low interest rate of 3.766% going forward for the new 25 year bonds, we will be able to refund the entire 2008 Bonds outstanding for a total interest savings of $2,289,751 resulting in an annual average savings of approximately $132,000. 118 of 192 Sources and Uses of Funds — Bond proceeds will be realized and distributed as follows. Sources of Funds Principal Amount of 2012 Bonds $ 45,895,000 Net Original Issue Premium 4,694,325 Available City Funds 817,883 Total Sources $ 51,407,208 Uses of Funds: Refunding Trust Fund $ 30,509,716 Utility Construction 20,000,000 Costs of Issuance 897,492 Total Uses $ 51,407,208 Description of the Bonds - The 2012 Bonds will be limited obligations of the City payable solely from: • Net Revenues derived by the City from the operation of the "Utility System," • Certain Impact Fees and • Moneys and investments held in certain funds and accounts created by the Resolution (collectively, the "Pledged Revenues "). The lien of the 2012 Bonds on the Pledged Revenues will be on parity with the lien of the City's outstanding bonds. • Series 2002, Utility System Revenue Refunding Bonds, • Series 2005 and • Any additional bonds of the Utility System. The 2012 Bonds will not constitute a general obligation, debt or liability of the City and neither the full faith and credit nor the taxing power of the City are pledged as security for the payment of the principal of, premium, if any, or interest on the 2012 Bonds. Rate Covenant Requirements — As long as the Bonds are outstanding, the City is obligated under the City's Bond Resolution to set and collect rates and charges for the use of the services and facilities furnished by the Utility System so that the Net Revenues of the System will be sufficient to provide an amount in each fiscal year (termed Coverage Ratio) at least equal to one hundred ten percent (110 %) of the Principal and Interest Requirements for such fiscal year on account of the Bonds then outstanding and one hundred percent (100 %) of all amounts required to be deposited to the Reserve Account and the Renewal, Replacement and Improvement Account. This Coverage Ratio was declining through FY 2008 to a low of 1.30 (e.g.,130 %) and increased to a healthier 3.21 in FY 2011 through a combination of budget reductions and rate increases. It is important to maintain this higher ratio as it is a determining factor when the bond rating agencies set the City's bond rating. A higher rating usually results in lower interest costs. For this bond issue, our rating was Al and A+ by Moody's and Standard & Poor's, respectively. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The bond proceeds will enable the Utility System to improve system maintenance and repair thus providing continuous and reliable water, sewer and stormwater services. 119 of 192 FISCAL IMPACT: Noted above ALTERNATIVES: Not Applicable 120 of 192 :11■i CONSENT AGENDA February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION PROPOSED RESOLUTION NO. R12 -015 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for the FY 2012 -2013 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,500 should they become necessary ExPLANATION OF REQUEST: This request is only for the hiring of Government Services Group, Inc. to assist the City with the Fire Assessment Program and not to make budgetary or Fire Assessment rate decisions. The City does not maintain the financial or technical staff to obtain the property files from the County Property Appraiser's Office, to provide the required specialized analysis, or to upload the property files with the assessment rates back to the Appraiser's Office. This is the major need for which the City contracts for external professional services. The City originally initiated a seven (7) year Fire Assessment Program in FY 2001 -2002 through FY 2007 -2008 with a sunset provision in FY 2008 -2009 unless continued. At that time, in order to continue the program, it was required to implement a new Fire Assessment Program beginning in FY 2008 -2009. The Commission also approved the Program for FY 2009 -2010, 2010 -2011 and the current FY 2011- 2012. Government Services Group, Inc. (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned for extension beyond those years, we solicited Requests for Proposals to assist the City with the new Fire Assessment Program. We selected GSG to continue with their service due to their familiarity with the City, proven methodology that stood legal tests and lower cost to the City. Since that time, GSG has maintained their pricing at $17,500 as originally and they propose to continue at that fee for FY 2012 -2013. 121 of 192 The following paragraphs provide background to the Fire Assessment Program as a prelude to budgetary considerations for FY 2012 -2013. The Fire Assessment can only be developed to cover up to the full costs of the Fire Rescue portion of the total Fire Department. Therefore, the cost determination must exclude Emergency Medical Service (EMS) expenditures of the Fire Department to determine the assessable costs. In turn, the assessable costs must then be allocated to property types (residential, commercial, industrial /warehouse, institutional, and nursing homes) obtained from the County Property Appraiser based on the percentage of calls to each property type. The range of potential additional services primarily relates to mailing first class letters to (a) newly affected property owners ($325) and (b) all property owners should the rates be raised for the coming year ($40,500). See the "Fiscal Impact" section on the next page to see the potential added revenues raised at alternative Fire Assessment rates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment has significantly improved fire protection services in the City with the addition of capital facilities and operating and partial support of seven (7) full time fire companies. In total, the response time was reduced to just over four (4) minutes. FISCAL IMPACT: For the eleven (11) fiscal years ended with the current September 30, 2012 budget year, the Fire Assessments total $33.2 million to improve and partially maintain fire - rescue services in the City. However, this only represented an average of 17% of the total Fire Department budget. This is less than 100% for three reasons using the FY 2011 -2012 budget as an example. 1. Total assessable (allowable) costs (excluding EMS) represent only 59% of the total General Fund Fire Department budget. 2. The assessable costs are further reduced to exclude costs allocated to tax exempt organizations, governmental entities, and nursing homes. 3. Of the net assessable (allowable) costs, the Fire Assessment rates adopted only represented approximately 36% of total net assessable costs as illustrated in the left column in the table below. While a budgetary decision for FY 2012 -2013 has yet to be made, alternate levels up to 100% of assessable costs are illustrated in the table below for the current FY 2011 -2012 budget. Percent of Assessable Costs 36% 45% 50% 70% 75% 100% FY 2011- 2012 Rates Residential Per Dwelling Unit $ 88.00 $ 91.00 $ 101.00 $ 130.00 $ 152.00 $ 202.00 Non - Residential Per Sq. Foot Commercial $ 0.20 $ 0.21 $ 0.23 $ 0.29 $ 0.34 $ 0.45 Industrial/Warehouse $ 0.05 $ 0.05 $ 0.05 $ 0.07 $ 0.08 $ 0.10 Institutional $ 0.22 $ 0.23 $ 0.25 $ 0.32 $ 0.37 $ 0.50 Nursing Home $ 0.22 $ 0.50 $ 0.56 $ 0.71 $ 0.84 $ 1.11 Estimated Net Revenue (Million) $ 4.7 M $ 4.9 M $ 5.4 M $ 6.4 M $ 8.0 M $ 9.7 M ALTERNATIVES: Three alternatives exist. Staff recommends #1. 1. Engage GSG under a multiple year agreement based on their current proposal where they were selected through a competitive selection process. Because GSG performed all services pursuant to their agreement for the last two years, and given that the 122 of 192 selection process occurred last year, it is not anticipated that a selection process every year would result in any more favorable terms for the same services. 2. Not to approve the GSG proposal and direct staff to initiate a new selection process by issuing a new Request for Proposals (RFP) for technical assistance. 3. Not to engage a specialized consultant to provide technical assistance for the Fire Assessment Program for FY 2012 -2013. However, since City staff does not have the time or the expertise to complete the tasks in- house, the Fire Assessment Program along with the $4,445,500 contribution to the General Fund estimated for FY 2011 -12 would cease. 123 of 192 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE PROPOSAL OF SERVICES (APPENDIX A) WITH GOVERNMENT SERVICES GROUP, INC. IN THE AMOUNT OF $17,500, TO ASSIST WITH THE CONTINUATION OF THE FIRE ASSESSMENT PROGRAM FOR FISCAL YEAR 2012/2013 AND THE POTENTIAL ADDITIONAL SERVICES (APPENDIX B) IN AN AMOUNT UP TO $40,500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Government Services Group, Inc., (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program; and WHEREAS, GSG was selected to continue with their service when the Fire Assessment was extended due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City; and WHEREAS, contracting with GSG will preserve the progress that has been made to -date in the data collection /maintenance of this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Interim City Manager to execute the proposal of services with Government Services Group, Inc., in the amount of $17,500.00 to assist the City with the Fire Assessment Program for 2012/2013 and the potential additional services in an amount not to exceed $40,500.00, a copy of the proposed Scope of services is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2012. CITY OF BOYNTON BEACH, FLORIDA 124 of 192 Mayor — Vice Mayor — William Orlove Commissioner —Woodrow L. Hay Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 125 of 192 I j { Managenlent 1 31)eC la, f Water and Broadband Services Assess) i ants wastcwat €-,1 Services September 28, 2011 Via Electronic Mail Mr. Barry Atwood, Finance Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 -0310 Re: City of Boynton Beach - Fire Rescue Services Assessment Program: Continuing Services Proposal Dear Mr. Atwood, As you know, Government Services Group, Inc. (GSG) originally assisted the City of Boynton Beach (City) in successfully implementing a fire rescue assessment program in 2001, and since its initial year, we have assisted in the maintenance of the annual assessment program on behalf of the City. However, when the assessment program was initiated in 2001 -02, the City made the decision to "sunset" the assessment program effective Fiscal Year 2008 -09. Therefore, in order for the City to continue to use the annual recurring revenue source, it was required to implement a new fire rescue assessment program for Fiscal Year 2008 -09. GSG is pleased to have assisted the City in developing and successfully implementing this recurring revenue source in Fiscal Year 2008 -09 and has continued to assist in the maintenance of the annual assessment program. As such, we believe that the City would benefit from a continuation of our services. In order to continue this relationship and the achievements realized thus far, attached as Appendix A is our proposed scope of services, fees, project deliverables and payment schedule to assist the City in the annual maintenance of the fire rescue assessment program for Fiscal Year 2012 -13. We recognize the extremely difficult financial situation facing local governments at this time; therefore, we have decided not to increase our fees for professional services for the third consecutive year for existing clients even though our costs to provide these services, like yours, have continued to increase. Please review the attached scope of services; and upon review and satisfactory determination, please sign where indicated on Appendix A to acknowledge acceptance of the scope of services and to serve as proper notice to proceed. Upon execution, please provide us with a signed copy for our files. As we are currently preparing our schedule for the upcoming assessment season, we would appreciate your prompt reply, which will help us to accommodate your program's schedule and ensure the continuation of this successful recurring revenue source. 1500 Mahan Drive, Suite 250. Tallahassee, FL 32308 ( (850) 681 -3717 T: I 1 (850) 224 -7206 F : (866) 896 -4747 Ldl Fey• 280 wekiva Springs Rd, Suite 2000, Longwood, FL 32779 1 (407) 629 6900 1c1 1 1407) 629 6963 1 r 1 (877) 552 3482 I ".dl Fie 126 of 192 Mr. Barry Atwood, Finance Director September 28, 2011 Page 2 If you have any questions, please do not hesitate to contact me. We look forward to working with the City of Boynton Beach again this year. Sincerely, Sandi Melgarejo Project Coordinator cc: Lori LaVerriere, Acting City Manager Mike Cirullo, Esq. 127 of 192 Appendix CITY OF BOYNTON BEACH FIRE RESCUE ASSESSMENT PROGRAM ANNUAL MAINTENANCE FISCAL YEAR 2012 -13 1500 Mahan Drive, Suite 250. Tallahassee, FL 32308 ( (850) 681 -3717 T I 1 (850) 224 -7206 F : (866) 896 -4747 Ldl Fey• 280 Wekiva Springs Rd, Suite 2000, Longwood, FL 32779 1 (407) 629 6900 1c1 1 1407) 629 6963 1 1 (877) 552 3482 1 ".dl h- 128 of 192 Scope of Services MAINTENANCE OF FIRE SERVICES ASSESSMENT PROGRAM Task 1: Base Retainer Services for Current Fiscal Year Assessment Program Upon notice to proceed, GSG will be retained to administer the current fiscal year assessment program and maintain the assessment roll database. Such retainer services will include GSG's availability to respond to requests for information or assistance from City staff regarding all aspects of the current assessment program. In addition, GSG will prepare the critical events schedule for the upcoming fiscal year to ensure adherence to statutory deadlines and will maintain the current fiscal year database in a manner that ensures data availability to specific requests. Task 2: Update the Preliminary Assessment Roll GSG will import updated Property Appraiser data to construct the preliminary annual assessment roll for the assessment program. Corrections from the City will be applied to the updated data. GSG will then create the assessment roll by programmatically applying the business rules to the data and extending the rates to the affected tax parcels according to the methodology. Task 3: Pro -Forma Rate Scenarios As requested by the City, GSG will provide rate - scenarios to assist in budget analyses and assessment program planning. Task 4: Final Rates GSG will calculate /confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2012 -13 assessment program. Task 5: Preliminary and Annual Assessment Resolutions GSG will advise and assist the City's legal counsel in drafting the implementing assessment resolutions that conform to the existing fire rescue assessment ordinance and the City's policy decisions. Task 6: Implementation Advise and assist with the requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes, including: (a) Produce Notice Roll and Data Exports After verification of final rates for the assessment program, GSG will create the notice roll by applying the rates to the assessment roll. GSG will then produce the data exports needed for the production of TRIM notices. Data exports for TRIM notices will be transmitted as necessary to the Property Appraiser's office, per their specifications. (b) Development and Distribution of First Class Notice Assist the City in developing the first class notice and its distribution to any affected property owners. Task 7: Create Final Assessment Roll GSG will update the assessment roll with any corrections and updates received from the City. Final rates will be verified and extended to the updated data in order to create the final assessment roll. The final roll will be provided to the City. Task 8: Certify, Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Using the final assessment roll, GSG will prepare export files on compatible electronic medium capable of merger with the ad valorem tax roll files and will transmit the file to the Tax Collector in the prescribed format. Government Services Group, Inc. I A -1 129 of 192 FEES AND COSTS For the professional services and specialized assistance described in the proposed Scope of Services, GSG's fee for professional services will be $17,500. Except as noted below, the fee includes reimbursement for all out -of- pocket expenses. The fee for professional services does not include any on -site visits by GSG staff to the City. Any on -site meetings may be arranged at our standard hourly rates provided below. All expenses related to on -site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on -site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer ............................................... ............................... $225 Senior Vice President ................................................. ............................... $175 VicePresident ............................................................. ............................... $160 Senior Project Manager /Consultant /Project Coordinator ...................... $160 Consultant /Database Analyst/Technical Services ... ............................... $130 Administrative Support ............................................... ............................... $ 50 The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.30 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non - domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. The City is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The City is also responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessary for the assessment program. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the City in its defense. Government Services Group, Inc. I A -2 130 of 192 PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable, based on the following schedule and assuming that notice to proceed is received by November 2011. If notice to proceed occurs after this date, the payment schedule will be condensed over the anticipated number of months remaining to complete the project. Schedule Payment December 2011 25% of professional fee $4,375 February 2012 25% of professional fee $4,375 May 2012 25% of professional fee $4,375 September 2012 25% of professional fee $4,375 DELIVERABLES SCHEDULE Deliverable Notice to Proceed Ongoing Retainer Services Develop Preliminary Assessment Roll Calculate Rates Preliminary Rate Resolution Prepare Assessment Roll TRIM /First Class Notices Published Notice Annual Rate Resolution Certify Fiscal Year 2012 -13 Assessment Roll Schedule November 2011 As Needed May - June 2012 June 2012 June 2012 June -July 2012 July - August 2012 July - August 2012 August-September 2012 by September 15, 2012 Government Services Group, Inc. I A -3 131 of 192 HOURS AND FEES MATRIX Task Total Hours Total Fees Task 1- Base Retainer Services for Current Fiscal Year Assessment Program Chief Executive Officer 0 $0 Senior Vice President 4 $640 Vice President 2 $320 Senior Project Manager /Consultant /Project Coordinator 16 $2,560 Consultant /Database Analyst/Technical Services 8 $1,280 Administrative Support 0 $0 Task 1 Total 30 $4,800 Task 2 - Update Preliminary Assessment Roll Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant /Project Coordinator 4 $640 Consultant /Database Analyst/Technical Services 32 $5,120 Administrative Support 0 $0 Task 2 Totals 36 $5,760 Task 3 - Pro -Forma Rate Scenarios Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant /Project Coordinator 4 $640 Consultant /Database Analyst/Technical Services 4 $640 Administrative Support 0 $0 Task 3 Total 8 $1,280 Task 4 - Final Rates Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant /Project Coordinator 4 $640 Consultant /Database Analyst/Technical Services 2 $320 Administrative Support 0 $0 Task 4 Totals 6 $960 Task 5 - Preliminary and Annual Assessment Resolutions Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant /Project Coordinator 4 $640 Consultant /Database Analyst/Technical Services 0 $0 Administrative Support 0 $0 Task 5 Totals 4 $640 Government Services Group, Inc. ( A -4 132 of 192 Task Total Hours Total Fees Task 6 - Implementation Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant /Project Coordinator 4 $640 Consultant /Database Analyst/Technical Services 8 $1,280 Administrative Support 0 $0 Task 6 Totals 12 $1,920 Task 7 - Create Final Assessment Roll Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant /Project Coordinator 2 $320 Consultant /Database Analyst/Technical Services 6 $960 Administrative Support 0 $0 Task 7 Totals 8 $1,280 Task 8 - Certify, Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager /Consultant/Project Coordinator 0 $0 Consultant /Database Analyst/Technical Services 4 $640 Administrative Support 0 $0 Task 8 Total 4 $640 Total Professional Fees 108 $17,280 Expenses $220 Grand Total $17,500 ACCEPTED AND AGREED TO APPENDIX A By: City of Boynton Beach Date Government Services Group, Inc. ( A -S 133 of 192 � 1 Mi CITY OF BOYNTON BEACH ADDITIONAL SERVICES 134 of 192 Additional Services ON -SITE VISITS Any on -site meetings may be arranged at our standard hourly rates provided below. All expenses related to on -site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on -site visits, periodic telephone conference calls may be scheduled to discuss project status. GSG's estimated fee for professional services and travel related expenses for one (1) on -site visit to the City is $2,000. MAILING OF FIRST CLASS NOTICES In previous years, the City was required to use the Truth- in- Millage (TRIM) notice to provide notice of special assessments pursuant to a special act that pertained to Palm Beach County. The amendment to this special act provides that use of the TRIM notice satisfies the mailed notice requirement of section 197.3632, Florida Statutes unless the assessment is levied for the first time, the boundaries change, the purpose changes or the rate exceeds the maximum rate. Because of this amendment and based prior discussions with the Palm Beach County Property Appraiser's office, it was recommended that the City provide additional first class mailed notice to property owners regarding the proposed fire special assessment for FYs 2008 -09, 2009 -10, 2010 -11 and 2011 -12. Should the City be required to mail first class noticed to affected property owners for FY 2012 -13, GSG will assist the City as follows: • Assist the City in developing the first class notice; • Merging the pertinent assessment roll information into the notices; • Print and prepare the notices to be mailed; and • Mail the notices by first class mail. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area. GSG's fee for this service is $1.30 per mailed first class notice, which includes all out -of- pocket expenses such as postage, envelopes, copy charges, etc. For non - domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. Government Services Group, Inc. I B -1 135 of 192 NO RATE INCREASE Should the City not increase the fire assessment rates for FY 2012 -13, first class notices will only need to be mailed to newly affected property owners. Based on FY 2010 -11 information, the amount of new parcels that would need to be noticed would be in the 100 to 250 range. GSG's fee for mailing 250 first class notices would be approximately $325. RATEINCREASE Should the City increase the fire assessment rates for FY 2012 -13 above the maximum rates noticed in August 2011, the City would be required to re- notice all property owners. Based the FY 2011 -12 fire assessment roll, the City would be required to mail approximately 31,500 first class notices. GSG's fee for mailing 31,500 first class notices would be approximately $40,950. ACCEPTED AND AGREED TO APPENDIX B By: City of Boynton Beach Date Government Services Group, Inc. I B -2 136 of 192 7. A BIDS AND PURCHASES OVER $100,000 February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve an increase to the blanket purchase order ( #120370) to Sunbelt Hydraulics and Equipment from $24,999 to $100,000 as a sole source vendor purchase. EXPLANATION OF REQUEST: The Public Works /Fleet Maintenance Division currently has a blanket purchase order (PO #120370) in the amount of $24,999. Sunbelt Hydraulics is the sole source regional factory authorized dealer and repair center for Heil products (see attached sole source letter). The automated trucks used in the Solid Waste Division consist of Heil manufactured waste haul bodies. The services for this vendor are used on an as needed basis. For budgetary reasons in FY 2009/10, the replacement schedule for the Heil style vehicles was extended from 5 years to 7 years life expectancy. We are now finding that due to the increasing age of our Solid Waste fleet, the routine maintenance expenses are increasing proportionally. This is not unexpected. Staff has exhausted most of the $24,999 of the blanket and is anticipating the need for additional funding for future repairs the remainder of this fiscal year. For comparative purposes the following is the expenditures of repairs for the past two budget cycles: FY 2009/10 = $47,985 FY 2010/11 = $63,483 137 of 192 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Choosing to not increase funding for these repairs will increase our repair time (in -house resources) and possibly risk or impair our ability to provide solid waste services in a timely and efficient manner. FISCAL IMPACT: Funding is budgeted for repairs in FY 2011/12 through the Fleet Maintenance Account 501- 5000- 590- 09 -82, and then charged to the Sanitation account 431 - 2515 - 534 -46 -30 (Vehicle Repair cost) as incurred. ALTERNATIVES: To buy new automated vehicles (not recommended at this time). 138 of 192 t 1 �n� VA. y'•• + m is 1. er ALw.4rs T - Vk October 11, 2011 City of Boynton Beach Boynton Beach, FL 33935 This letter is to serve as and acknowledgement that Sunbelt Waste is authorized as the South Florida full line Heil Dealer to include Packer Body Sales, Parts, Service and Warranty and is considered to be in good standing with Heil Environmental and would be sole source for those areas. Please be advised that Sunbelt Waste is capable of handling all of you needs related to equipment manufactured by Heil Environmental Industries, LTD. Heil Environmental Florida references: Robby DeHart Southeast Regional Manager Cell: 727 -517 -5608 Fax: 727 - 375 -5547 Sunbelt Hydraulics 1587 SW 4'" Ave. Delray Beach, FL 33444 Phone: 561-274-8505 Fax: 561 -274 -8506 E -mail mchavez985*aol.com Regards, Robby DeHart Heil Environmental HEIL E NVIRONMENTAL' 5751 CORNELISON ROAD • CHATTANOOGA, TN 37411 • 800.824.4345 •• porMe WMPANr 139 of 192 7. B BIDS AND PURCHASES OVER $100,000 February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Approve the annual purchase of ten (10) replacement vehicles as approved in the FY 2011/12 budget in the amount of $857,160, utilizing the Sheriffs Contract #11 -19 -0907 and the State Contract #071-000-12-1. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY # 4.1.3.1 EXPLANATION OF REQUEST The Fleet Administrator recommends the annual purchase of ten (10) replacement vehicles for City departments as approved in the Fiscal Year 2011/12 budget. Attached is a spreadsheet totaling $857,160 indicating, number of units to be ordered, department the vehicle will be ordered for, replaced vehicle information, original vehicle cost, vehicle replacement cost, planned budget amount, anticipated purchase order amount, and final budgeted amounts. Fleet Services selects the most cost efficient method of purchase for the City of Boynton Beach. Staff evaluates Florida State contracts, the Sheriffs contract and individual municipal contracts to provide the best pricing alternatives. All departments are involved in the process to select productive, capable resources for the city. These contracts complied with public contract bid requirements equal to or those which exceed Boynton Beach's requirements. While the total amount of vehicle purchases is $857,160, the total funds approved in the FY 2011/12 budget for replacement vehicles is $927,516 resulting in a savings of $70,356 in the Fleet Fund. The Public Works Department and Purchasing /Finance Department approve the recommendation to purchase the replacement vehicles. The approved Vehicle Replacement Schedule is also attached. It is important to note that the Fleet Plan was modified significantly during the preparation of the last two years. During the planning process all City departments reviewed and approved 140 of 192 fleet reductions to meet budget requirements. All departments worked diligently to reduce overall fleet count and downsize vehicle requirements to meet our sustainability goals. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The ten (10) Replacement vehicles are being purchased according to a lifecycle allowing maximum vehicle efficiency that minimizes annual maintenance charged to each of the operating departments, while lowering our carbon footprint due to downsizing and technical innovation. FISCAL IMPACT: Six (6) vehicles shall be purchased from the Florida Sheriff's Contract #11 -19- 0907 and four (4) shall be purchased from the State Contract #071 - 000 -12 -1. The savings of $70,356.00 realized in the Fleet Fund over the amount budgeted is due to (a) down sizing replacement vehicles and (b) increasing the lifecycle. Funding is located in Fleet Maintenance Acct. #501 - 2516- 519- 64 -33. ALTERNATIVES: To defer or not purchase selected replacement vehicles beyond those already deferred in the FY 2011/12 budget cycle. However, deferring purchases will increase departmental maintenance costs as the vehicles increase in their age. 141 of 192 $857,160 142 of 192 PUBLIC WORKS DEPARTMENT Replacement Schedule (Police Department 3012 2000 Chevrolet -1 ton Step Van 12 2000 1 2012 $37,895 $39,411 $25,245 Sheriffs Bartow Chevrolet 4516 2005 Ford - Crown Victoria 7 2005 2012 $24,697 $25,685 $24,993 Sheriffs Bartow Chevrolet ITotal Program - 021 -010 - Police 1 $62,592 ;65,096 $50,238 (Fire 1 843 2004 International Ambulance - Medtec 7 2004 2012 $179,920 $187,117 $190,100 Sheriffs ETR LLC 1 829 2002 Chevrolet SUV 4X4 10 2002 2012 $22,997 $23,917 $18,101 Sheriffs Beck Auto Sales 1 844 2004 International Ambulance- Medtec 7 2004 2012 $179,920 $187,117 $190,100 Sheriffs ETR LLC Total Program - 022 -010 - Fire $382,837 ;398,150 $398,301 I J (Solid Waste 1067 2000 Sterling -Trash Hauler 12 2000 2012 $82,000 $85,280 $79,954 State Mike Davidson Ford 1775 2007 Int / GS Recycler 5 1 2007 2012 $183,000 $190,320 $166,562 Sheriffs Atlantic Truck Center (Total Program - 025-015 Solid Waste $265,000 $275,600 $246,516 (Recreation 515 1 2001 CChevrolet - Pass. Van -1 ton 10 2001 2012 $22,175 $23,062 $20,319 State Garber GMC I Total Program - 027 -010 - Recreation I I I ;22,175 $23,062 $20,319 (Utilities f Sews a Collection 8103 1 1997 fCAT-TrectorfBackhoe 15 1997 2012 $55,238 $57,448 $70,893 State Trekker Tractor ITotal Program - 028 -015 - Utilities f Sewage Coh vtlon ;55,238 $57,445 ;70,893 1 I I 1Utilities f Storm Water 1 8104 1 1997 ICAT- Loader /Backhoe 15 1997 2012 $104,000 $108,160 ;70,893 State Trekker Tractor ITotal Program - 028 -024 - Utilities f Storrs Water $104,000 ;108,760 ;70,693 I I Scheduled Purchases $857,160 I City Total 1 $891,842 $927,516 $857,160 $857,160 142 of 192 143 of 192 eg Euii O :7 12 1� 111,1 �11-111-11 1.2 16 2112 11.11, —1 1 T' 1 37 �2 1� 11,111, 111,11-11 11 1 1 21 21 2 %l. 11 211 11 1— 1, 1,, 11 1 1 12 2311 11171.1 2 4 1 121 Id 11, �l 11 �6 11, 1 11, R M 1-11 1� 2 - I 111 M.— M.— d. .3 =111 2 —1 111 2n, 2 Fl— 1 .111 �21 11, R I P ll� .11 P1111- P " N A� N A� N Al Al N N A� 711 11101 11101 11,51 N 1� 11-111 -31 N 711 "I I'll N I "I n Al 11 144 of 192 1 T1111111 T1111111 I I III Ill— I-1 h1h Ih— ,IT I Th—h I I Il, I 1� I II III cqp I -11 5111 1— 111 �- I �11 I j� Z�1 t 11212 1 2 12 �h- 111 2111 TE II TIl,I I 1 2 12 I'll 1-11.11 1 11, 1 211 � I-11h 111, 11,111 1111 111 11, 1-91 11,11 11,11, 2' 2112 11, lh-11 21� 1 2� 2112 Ilh 121111-1 T—I TIT,h LT T,— TIT,h 1 12112 1 1 T1.2 1111 1 1 L- 11-11C 2�11 1 1 T12171', I-T ..... ........ 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AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Authorize a settlement offer to lender for properties located at 118 and 124 NW 10 Avenue EXPLANATION OF REQUEST In 2009, the City filed a foreclosure action against Andrew Luchey and Gail Luchey seeking to foreclose the code enforcement liens which have been recorded in the Public Records of Palm Beach County against the above referenced properties. Since the time of the filing of the litigation, the City has attempted to negotiate a resolution of this matter with Mr. and Mrs. Luchey. Mr. and Mrs. Luchey offered to convey the property to the City subject to the existing mortgages on the property. The Lucheys agreed that they would not be entitled to any proceeds from the conveyance of the properties to the City. The two properties which the City filed the foreclosure action against are located at 118 NW 10 Avenue and 124 NW 10 Avenue. Based upon appraisals obtained by the City, the appraised value for 118 NW 10 Avenue is $40,000.00, and the appraised value for 124 NW 10 Avenue is $70,000.00. At this time there are mortgages recorded against each property. The current payoff amounts for each mortgage is approximately $130,000.00. As the appraised values for each lot are below the current mortgage pay off amount, it would not be reasonable to offer to pay off both mortgages in consideration of the Lucheys conveying the properties to the City. Therefore, it was suggested at mediation that the City, with the financial assistance of the CRA, offer to pay the mortgage company a lump sum of $140,000, in an effort to pay off both mortgages. In order to have the mortgage company consider the proposed settlement offer, however, the City must make a written offer to the mortgage company. Therefore, at this time, our office is requesting authorization from the City Commission as well as the CRA Board of Commissioners to make such a settlement offer to the mortgage company. If 157 of 192 the City Commission and the CRA Board grant the authorization, the City Attorney's office will forward a settlement proposal to the mortgage company with the goal of having the bank release both mortgages for a total lump sum payment of $140,000.00. The Lucheys would then convey the properties to the City. The Lucheys will not receive any compensation for the conveyance of the properties to the City. If approved by both the City and the CRA, and accepted by the mortgage company, the CRA would provide the funds necessary to pay off the mortgages and acquire the properties. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the City is able to acquire the properties, the City may be able to assist the CRA with its redevelopment programs through the conveyance of the properties to the CRA. FISCAL IMPACT: The settlement would be subject to the CRA funding the settlement. ALTERNATIVES: Do not make an offer and continue with the foreclosure proceeding. In the event the City acquires the property through foreclosure, the City will need to negotiate the payoffs of the two mortgages in order to acquire clear title to the properties. 158 of 192 CI'T'Y OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Jose A. Rodriguez, Mayor Members of the City Commission Members of the Boynton Beach Community Redevelopment Agency Board of Commissioners CC: Lori LaVerriere, Interim City Manager Vivian Brooks, Boynton Beach CRA Executive Director FROM: James A. Cherof, City Attorney p-44? David N. Tolces, Assistant City Attorney v�G DATE: January 4, 2012 RE: City of Boynton Beach ( "City ") /Foreclosure of Code Compliance Liens on Property Owned By Andrew and Gail Luchey - 118 NW 10 Avenue and 124 SW 10" Avenue In 2009, the City filed a foreclosure action against Andrew Luchey and Gail Luchey seeking to foreclose the code enforcement liens which have been recorded in the Public Records of Palm Beach County against the above referenced properties. Since the time of the filing of the litigation, the City has attempted to negotiate a resolution of this matter with Mr. and Mrs. Luchey. Mr. and Mrs. Luchey offered to convey the property to the City subject to the existing mortgages on the property. The Lucheys agreed that they would not be entitled to any proceeds from the conveyance of the properties to the City. The two properties which the City filed the foreclosure action against are located at 118 NW 10 Avenue and 124 NW 10 Avenue. Based upon appraisals obtained by the City, the appraised value for 118 NW 10�' Avenue is $40,000.00, and the appraised value for 124 NW 10 Avenue is $70,000.00. At this time there are mortgages recorded against each property. The current payoff amounts for each mortgage is approximately $130,000.00. As the appraised values for each lot are below the current mortgage pay off amount, it would not be reasonable to offer to pay off both mortgages in consideration of the Lucheys conveying the properties to the City. Therefore, it was suggested at mediation that the City, with the financial assistance of the CRA, offer to pay the mortgage company a lump sum of $140,000, in an effort to pay off both mortgages. In order to have the mortgage company consider the proposed settlement offer, however, the City must make a written offer to the mortgage company. Therefore, at this time, our office is requesting authorization from the City Commission as well as 159 of 192 the CRA Board of Commissioners to make such a settlement offer to the mortgage company. If the City Commission and the CRA Board grant the authorization, our office will forward a settlement proposal to the mortgage company with the goal of having the bank release both mortgages for a total lump sum payment of $140,000.00. The Lucheys would then convey the properties to the City. The Lucheys will not receive any compensation for the conveyance of the properties to the City. If approved by both the City and the CRA, and accepted by the mortgage company, the CRA would provide the fluids necessary to pay off the mortgages and acquire the properties. If the City Commission would rather have these settlement discussions in a closed session pursuant to Section 286.011(8), Florida Statutes, we will make the necessary arrangements to do so. If you have any questions or concerns, please do not hesitate to contact our office. DNT:kml HA200910904781Commission Update - Settlement.doc 160 of 192 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ® SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Recommend approval of negotiated settlement of $100,000 in Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased v. Comcast IP Phone, LLC; Deltacom, Inc.; City of Boynton Beach and Palm Beach County EXPLANATION OF REQUEST: City Defense Counsel: Michael Burke, Johnson Anselmo et al Plaintiff Counsel: Gary Cohen, Grossman Roth On November 26, 2009 Mrs. Sidell Reiner was home alone. She dropped a glass on her foot which began bleeding profusely. She dialed for the operator at Comcast /Deltacom. She was identified as an emergency call and transferred to Boynton Beach Dispatch Center. She did not call for assistance using 9 -1 -1, and the transfer from Comcast /Deltacom to City Dispatch Center did not provide an address. Staff was unable to determine her address immediately. After repeated unsuccessful attempts to obtain the address from Mrs. Reiner, her address was located using a crisscross directory. Call was then transferred to Palm Beach County Dispatch Center for Fire /EMS response. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Recommendations for settlements of claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT Settlement of $100,000 will be charged to the Risk Management budget (Self - Insurance Fund) expense line item 522 - 1710 - 519 - 49.20, Self- insured Losses, for third party liability self- insured losses. 161 of 192 ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated, in total, of $1,500,000. Defense legal costs are estimated at an additional $85,000. CJ M /Claimg I /ReinerS03.doc 162 of 192 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVeinere Interim City Manager THRU: Carisse LeJeune Interim Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: January 17, 2012 SUBJECT: Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased v. Comcast IP Phone, LLC; Deltacom, Inc.; City of Boynton Beach, and Palm Beach County Date of Loss: November 26, 2009 Risk Management recommends the City Commission ratify the: X Settlement _ Judgement in the above stated manner. RESERVES: Indemnity: $ 100,000 Expenses: $ 7,000 Total Demand: Original: $2,000,000 Final: $1,400,000 Citv Offer: Original: $ 100,000 Final: $ 100,000 x SETTLEMENT: $ 100,000 NOTE: This settlement is the compromise of 'a claim for damages. Payment by the Cite is not to be construed, in arry ivay, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $ X2,000 IF NOT SETTLED Projected Total Legal Fees: $ 130,000 Projected Total Jury Verdict: $1,00,000 JUDGEMENT: $ - Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On November 26, 2009 Mrs. Sidell Reiner was home alone. She dropped a glass on her foot which began bleeding profusely. She dialed for the operator at Comcast/Deltacom. She was identified as an emergency call and transferred to Boynton Beach Dispatch Center. She did not call for assistance using 9 -1 -1, and the transfer from Comcast /Deltacom to City Dispatch Center did not provide an address. Staff was unable to determine her address immediately. After repeated unsuccessful attempts to obtain the address from Mrs. Reiner, her address was located using a crisscross directory. Call was then transferred to Palm Beach County Dispatch Center for Fire /EMS response. Cj m /C1aimg1/ Reiner S02. doc 163 of 192 LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. A PROPESSIONAL ASSOCIATION DAMIAN H. ALBERT, P A J. MARCOS MARTINEZ SCOTT D. ALEXANDER, P A. 2455 EAST SUNRISE BOULEVARD ROBERT E. MURDOCH CHRISTOPHER AMBROSIO SUITE 1000 MICHAEL R. PIPER' MICHAEL T. BURKE't FORT LAUDERDALE, FL 88804 DAVID M. SCHWEIGER, P.A. HUDSON C. 011.1- TAMARA M. SCRUDDERSt JEFFREY L HOCHMAN, PA, CHRISTOPHER L. SMITH E. BRUCE JOHNSON • (954) 465 -0100 BIDwaM CHRISTOPHER J. STEARNS, P.A. (905)945 -2000 Oade (561)640 -7448 WPB Rsraen ' MRD CAR17FIXD CHA TWUL LdWMS RONALD P. ANSELMO 1 &1,M CERIW=AFFRLL,THL, "MS TELECOPIER 054) 485 -2444 BURL F. GEORGE January 17, 2012 VIA E -MAIL Charles Magazine City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 -0310 Re: Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased, Plaintiff v. Comcast IP Phone, LLC; Deltacom, Inc -; City of Boynton Beach and Palm Beach County Case No. 50 2010 CA 02 6764XXXXMB in the Circuit Court of the 15' Judicial Circuit in and for Palm Beach County, Florida Dear Mr. Magazine: On January 13, 2012, the parties attended a court ordered mediation conference in the above referenced matter. As you know, the parties reached a tentative settlement agreement which is contingent upon approval by the Boynton Beach City Commission and the Board of County Commissioners of Palm Beach County. The proposed settlement calls for the City ofBoynton Beach to pay the total sum of $100,000. Palm Beach County has agreed to pay the same amount and confidential settlements have been reached with the Comcast and Deltacom entities. In my opinion, the settlement is in the best interest of the City of Boynton Beach C'City"), and I recommend City Commission approval of the agreement for the reasons set forth below. On Thanksgiving morning 2009, Sidell Reiner was alone in her home in the Grove subdivision just west of Boynton Beach, when she dropped a glass and sustained a laceration to a small artery in her left ankle. Mrs. Reiner began to bleed profusely from the laceration and sought medical assistance by calling the Comcast operator, who, at approximately 9:26 a.m. connected Mrs. Reiner to an Operator at the Boynton Beach Police and Fire Communications Center. Unfortunately, the City emergency operator was unable to understand Mrs. Reiner's attempts to communicate her address and at approximately 9:29 a.m., the City's emergency operator contacted the Comcast operator to 164 of 192 Charles Magazine January 17, 2012 Page 2 obtain Mrs. Reiner's address and telephone number. Although the telephone number was provided, the Comcast operator advised that no information was available concerning Mrs. Reiner's address. From approximately 9:29 a.m. until 9:38 a.m., City emergency operators attempted to determine Mrs. Reiner's address both by speaking to Mrs. Reiner and by calling an operator at Palm Beach County Fire Rescue. At approximately 9:38 a.m. a City emergency operator cross referenced Mrs. Reiner's telephone number and determined her address from an available cross reference directory. The address and telephone number were then communicated to Palm Beach County Fire Rescue, who dispatched a rescue vehicle which arrived at the address at 9:42:43 a.m. Unfortunately, by the time Palm Beach County Fire Rescue personnel arrived at the residence, Mrs. Reiner was unconscious and did not respond to the door or the telephone. County paramedics remained at the scene for approximately 5 minutes and concluded that no one was at home and that they must have been dispatched to the wrong address. Approximately 45 minutes later, Seymour Reiner returned to his home with his grandson and found Mrs. Reiner dead, lying in a pool of blood. A subsequent autopsy determined that Mrs. Reiner had bled to death. Although City emergency operators faced difficult circumstances arising from the fact that Mrs. Reiner did not dial 911, the Comcast operator did not have her address, and Mrs. Reiner was hard to understand, it is my opinion that a jury will find that there was negligence in the handling of the call, and that the negligence contributed to Mrs. Reiner's death. Specifically, expert testimony will be presented to show that Mrs. Reiner's address could easily and quickly be determined by cross referencing her phone number. Expert testimony will also be presented to show that if the phone number had been cross referenced during the first four to six minutes, a Palm Beach County Fire Rescue vehicle could have been dispatched and arrived at the scene before Mrs. Reiner lost consciousness and died. While evidence can also be presented that City operators acted reasonably under difficult circumstances, Plaintiff's attorneys are very experienced and talented, and with the available audio recordings and documentation, they will present a compelling and sympathetic case. It is my opinion that there is a substantial likelihood of an adverse verdict against the City of Boynton Beach. The decedent Sidell Reiner is survived by her husband of 62 years Seymour Reiner, as well as three adult children and three grandchildren. Mr. Reiner and his family make excellent appearances as witnesses, and in my opinion the jury will be very moved by their testimony as well as by the audio recordings of Mrs. Reiner's pleas for help. In this wrongful death action, Mr. Reiner will be entitled to recover for loss of his wife's companionship and protection, the loss of his wife's support and services and most significantly for his mental pain and suffering. The jury will be instructed that with respect to this last element of damage there is no precise measure and that the amount should be fair and j ust in light of the evidence. While the intangible nature of this element of damage makes JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 165 of 192 Charles Magazine January 17, 2012 Page 3 it extremely difficult to provide a precise estimate as to a potential jury verdict, it is my opinion that a seven figure award is very likely. In addition to the likelihood of a significant adverse verdict, continued litigation will result in significant additional expense to the City. The City has retained an emergency communications expert to review the extensive investigative materials and if necessary travel to Palm Beach County to testify at trial. If the case proceeds to trial, the City will incur approximately $15,000 in expense for its own expert witness. Moreover, the Plaintiff's attorneys have retained five expert witnesses, and the three co- defcndants have each retained expert witnesses, all of whom will have to be deposed in the case. Additional fact witnesses would also need to be deposed for the trial which can be expected to last approximately two weeks. If the case is not settled, the City can expect to spend between $65,000 and $85,000 in additional pre -trial and trial costs and fees. In addition to avoiding these future litigation expenses and the likelihood of a significant adverse verdict, settlement at this time allows the City to participate in the settlement contributions of Palm Beach County as well as the Comcast and Deltacom entities. These contributions are necessary to a negotiated resolution of the case. Based on the totality of the circumstances, it is my opinion that the above described settlement is in the City's best interest, and I recommend City Commission approval of the mediation settlement agreement. Very truly yours, /s /Michael T. Burke Michael T. Burke For the Firm MTB /ac cc: James Cherof, Esq. (via e-mail) JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 166 of 192 mewl PUBLIC HEARING February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION PROPOSED ORDINANCE NO. 12 -001 - FIRST READING - Request to conduct public hearing and approve the amendment of the Quantum Park DRI development order consistent with the Master Plan Modification (MPMD 12 -001) approved on December 6, 2011 to convert the land use options on Lot 75 from OI (Office and Industrial) to OIC (Office, Industrial and Commercial). Applicant City- initiated. EXPLANATION OF REQUEST On December 6, 2011 the City Commission approved the Master Plan Modification (MPMD 12 -001) request of Quantum Limited Partners to change the Quantum Park Master Plan land use options on Lot 75 from OI (Office and Industrial) to OIC (Office, Industrial and Commercial) to accommodate a 94,000 square foot flooring showroom. As noted at that time, the Treasure Coast Regional Planning Council (TCRPC) and Florida Department of Economic Opportunity (DEO) issued letters of "no objection" to the non - substantive nature of the request. Staff then processed the request as a Master Plan Modification. However, pursuant to F.S. 380.06 (19) (f) 6, the development order must also be amended for the Quantum Park DRI through the adoption of an ordinance. Given the prior review and finding of "no objection" by the regional and state agencies, and approved status of the corresponding Master Plan Modification, staff views this item as general "housekeeping ", and recommends it be approved. Attached is the staff report for the corresponding Master Plan Modification. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT N/A ALTERNATIVES None 167 of 192 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 84 -51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE QUANTUM PARK DEVELOPMENT OF REGIONAL IMPACT, KNOWN AS THE QUANTUM PARK DRI DEVELOPMENT ORDER, BY MODIFYING THE MASTER PLAN TO CONVERT THE LAND USE OPTIONS ON LOT 75 FROM OFFICE AND INDUSTRIAL (OI) TO OFFICE, INDUSTRIAL AND COMMERCIAL (OIC); PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Quantum Park of Commerce ( "Quantum Park PID") is a partially built -out Development of Regional Impact ( "DRI ") comprised of 553.13 acres, zoned Planned Industrial Development ( "PID"), and located on the west side of Interstate 95, from Miner Road extended south to the Boynton C -16 Canal; and WHEREAS, Quantum Limited Partners is requesting an amendment to the Quantum Park DRI Development Order, adopted by the City Commission of the City of Boynton Beach December 4, 1984 under Ordinance No. 84 -51, and subsequently amended by Ordinance Nos. 86 -11, 86 -37, 88 -3, 94 -10, 94 -51, 96 -33, 96 -65, 97 -20, 99 -05, 00 -02, 01 -54, 02 -54, 04 -77, 05 -13, and 06 -075 ( "Development Order "); and WHEREAS, the proposed Amendment, referred to as Amendment #17 proposed amending the Master Plan for Quantum Park to convert the land use options on Lot 75 from Office and Industrial (OI) to Office, Industrial and Commercial (OIC) on the real property located in Palm Beach County, Florida, as more particularly described in the attached Exhibit "A "; and WHEREAS, Quantum Limited Partners has submitted a Notice of Proposed Change ( "NOPC ") in accordance with the requirements of Section 380.06(19), Florida Statutes, said NOPC to be reviewed by the Florida Department of Economic Opportunity ( "DEO "), the Treasure Coast Regional Planning Council ( "TCRPC "), and the City; and, 168 of 192 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider NOPCs; and WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Department of Economic Opportunity and the TCRPC; and WHEREAS, this City Commission has reviewed this matter on December 6, 2011, February 7, 2012 and February 21, 2012, held a duly noticed public hearing on the Application, and has heard and considered the testimony taken thereat; and WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC and pursuant to the procedures of Section 380.06, Florida Statutes has determined that the proposed changes will not create additional regional impacts; and WHEREAS, this City Commission has received and considered the report and recommendations of the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT AND CONCLUSIONS OF LAW with regard to the Quantum Limited Partners application for an amendment to the Quantum Park DRI Development Order; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. That the City Commission of the City of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by Quantum Limited Partners, the "Master Developer" related to the an amendment to the Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84 -51, and subsequently amended by 169 of 192 Ordinance Nos. 86 -11, 86 -37, 88 -3, 94 -10, 94 -51, 96 -33, 96 -65, 97 -20, 99 -05, 00 -02, 01 -54, 02 -54, 04- 77, 05 -013, and 06 -075; and FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact (DRI) Development Order will be consistent with the adopted comprehensive plan for the City of Boynton Beach and is, or will be, consistent with the local land development regulations, subject to conditions outlined herein, and Part III, Land Development Regulations, of the City of the Boynton Beach Code of Ordinances; and D. The proposed development will be consistent with the proposed amendment submitted to and reviewed by the Treasure Coast Regional Planning Council pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW It is hereby determined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 21st day of February, 2012, that the Notice of Proposed Change to the Quantum Park Development of Regional Impact submitted by the Master Developer is hereby ordered Approved, subject to the provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "B ", and incorporated herein by reference. 1. That this amended DRI Development Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Quantum Park DRI filed by the Master Developer. 170 of 192 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended DRI Development Order. 3. That the Development Order shall be amended to modify the Master Plan of the Quantum Park DRI Development Order, as follows: a. The Master Plan designation of Lot 75 as Office and Industrial (OI) shall be changed to Office, Industrial and Commercial (OIC); 4. That this amended DRI Development Order shall be binding upon the Master Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DRI Development Order. 5. That in any event that any portion of section of this amended DRI Development Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DRI Development Order, which shall remain in full force and effect. 6. That the approval granted by this amended DRI Development Order is conditional. Such approval shall not be construed to obviate the duty of the Master Developer to comply with all other applicable local or state permitting procedures. 7. The amendments proposed by the Master Developer do not create any additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 8. Actual development phasing will depend upon economic circumstances and Master Developer's internal business growth. Any proposed development described in the Notice of Proposed Change are for planning purposes only and the actual development schedule may vary therefrom. 171 of 192 9. The amended DRI Development Order set forth in Section 1 hereof shall become effective upon adoption of the ordinance, provided such date shall be extended until completion of appellate procedures, if any, relating to the issuance of this amended DRI Development Order. 10. Copies of this Ordinance incorporating the amended DRI Development Order amending the land use designation of the subject property to Development of Regional Impact shall be transmitted immediately by certified mail to the Division of Community Planning within the Department of Economic Opportunity, the Treasure Coast Regional Planning Council, and the Master Developer. 11. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 3. Except as provided herein, the Master Developer shall proceed in strict accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida Department of Environmental Protection. Section 4. That should any section or provision of this Ordinance, or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. This ordinance shall become effective immediately upon its passage. { REMAINDER OF PAGE INTENTIONALLY LEFT BLANK } 172 of 192 FIRST READING this day of , 2012. SECOND READING and FINAL PASSAGE this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Vice Mayor — William Orlove Commissioner —Woodrow L. Hay Commissioner — Steven Holzman Commissioner — Marlene Ross 173 of 192 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11 -048 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: November 10, 2011 PROJECT NAME /NO: Quantum Park Development of Regional Impact (DRI) Lot 75 (MPMD 12 -001) REQUEST: Master Plan Modification to the Quantum Park Development of Regional Impact (DRI) Master Plan to convert the land use option on Lot 75 from OI (Office and Industrial) to OIC (Office, Industrial and Commercial), to accommodate a 94,000 square foot flooring showroom business. PROJECT DESCRIPTION Applicant: Douglas B. MacDonald, Quantum Limited Partners Agent: Eugene A. Gerlica, Gerlica Inc. Location: Lot 75 Quantum Park (see "Exhibit A" — Location Map) Existing Land Use: Development of Regional Impact (DRI) Existing Zoning: Planned Industrial Development (PID) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Existing Use Option: OI (Office and Industrial) Proposed Use Option: OIC (Office, Industrial and Commercial) Acreage: 3.02 -acre lot Adjacent Uses: 174 of 192 North: Lot 76 of Quantum Park (Premier Interstate development) containing the north half of the building on Lot 75, the farther north CarMax auto dealership, both with the (OIC) land use option; South: Lots 73a -74 of Quantum Park, which constitute the balance of the developed Premier Interstate buildings, with the (OI) land use option; East: Right -of -way for CSX Railroad and Interstate 95; and West: Right -of -way of High Ridge Road, then farther west are vacant Lots 56 and 57, both with the (OI) land use option. BACKGROUND Mr. Douglas B. MacDonald of Quantum Limited Partners has submitted a Notice of Proposed Change (NOPC) to the Quantum Park Development of Regional Impact (DRI) to change the land use option on Lot 75 from OI (Office and Industrial) to OIC (Office, Industrial and Commercial) in order to accommodate a 94,000 square foot flooring showroom business for the property owner, Duke PGC at Quantum, LLC. An amendment to a Development of Regional Impact (DRI) is governed by Florida Statutes Chapter 380.06 (19) — Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The NOPC is reviewed by the Florida Department of Economic Opportunity (DEO), previously known as the Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City. The original DRI Development Order adopted a Master Plan for Quantum Park. The Master Plan has been amended over the years, with the most recent change (NOPC #16) being approved on August 15, 2006. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions ". The current Master Plan is depicted in Exhibit "B" and the proposed modification is depicted in Exhibit "C ". ANALYSIS At the mandatory pre - application meeting, both staff and the applicant's agent, Eugene Gerlica, agreed the proposed modification was minor in nature and appeared to be a non - substantive change. Mr Gerlica subsequently addressed a letter and justification statement to the Treasure Coast Regional Planning Council (TCRPC) requesting a determination of the non - substantive nature of the proposed change and recommendation of such to the Department of Economic Opportunity (see Exhibit "D "). If both parties agree, the need to file a formal NOPC would be eliminated, instead simply requiring the City review of the corresponding Quantum Park Master Plan modification. The TCRPC has reviewed the proposed NOPC and has prepared a letter indicating no objection to the non - substantive determination, which means the City would simply process a Master Plan modification based upon the lack of regional impacts (see Exhibit "E "). The letter from the Regional Planning Council along with the justifications from the applicant have been forwarded to the DEO for review and staff expects their comments to mirror that of TCRPC. As such, staff is only processing the request for a Master Plan Modification for Lot 75. Staff's review of the proposed modification involves the analysis of the change from two (2) 175 of 192 perspectives. The first being the potential for creating additional regional or local impacts. The second being the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies. Relative to the potential to create any regional impacts, staff is in agreement with the Regional Planning Council that there would be no impacts of a regional nature associated with the proposed modification. Staff also does not expect any local impacts associated with the modification over that which would be allowed under the current land use option. The number of vehicular trips are capped for the DRI and the simple change associated with this lot will not significantly impact the trip generation nor increase any approved building thresholds. With regard to the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City, staff has consistently stated opposition to lands within the Quantum Park Planned Industrial Development (PID) district being converted from Industrial to Residential /Mixed Use options which eliminate the potential square footage devoted to industrial, warehouse and manufacturing users. In this instance however, the land use option of industrial is retained and a commercial option is added (OI to OIC) for flexibility in the attraction of potential tenants. This request to move the OIC boundary further south on the property allows the use boundary to more closely coincide with the originally constructed building wall of the northernmost building, prior to the physical connection between it and the southerly building on Lots 73 and 74. Additionally, the type of commercial tenant may be somewhat limited to showroom type of businesses (furniture showroom, appliance showroom, carpet & the showroom, mattress showroom, etc.) based upon the amount of on -site parking, as the site was originally designed 176 of 192 to allow approximately 16% of the space to be office and 17% as commercial. The use being proposed, flooring showroom, would not adversely impact the parking, as parking for such a use would be calculated at 1 space per 500 square feet of gross floor area, which aligns with the current parking ratio for the balance of the 198,114 square foot leasable space on Lots 73 ROM fLI While staff supports the addition of Commercial to the Office and Industrial land use option on Lot 75, staff would caution that any further request to continue the land use option of OIC further south for the balance of the property (Lots 73A and 74) could not be supported by staff, as that could potentially lead to a further reduction in potential industrial space. The owner, Duke PGC at Quantum, LLC, has been advised of this position and are in agreement. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non - substantial, and approved subject to the comments included in Exhibit "F" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S: \Planning \SHARED \WP \PROJECTS \Quantum Park Lots 73a -76 \Lot 75 MPMD\ MPMD 12- 001 \Staff Report.doc 177 of 192 13. A LEGAL February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION PROPOSED RESOLUTION NO. R12 -016 - Authorize Mayor to execute Quit -Claim Deed transferring property owned by the City to the Boynton Beach CRA EXPLANATION OF REQUEST The City of Boynton Beach owns a small triangular parcel of land at the entryway to the Marina. The City acquired the property from FDOT when the Ocean Avenue bridge was reconstructed. The CRA is amenable to accepting ownership and thereafter maintenance of the property. FDOT was consulted and they have no objection to the transfer. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Following transfer, all maintenance responsibilities will transfer from the City to the CRA. FISCAL IMPACT Maintenance savings to be determined. ALTERNATIVES Maintain ownership of the property. 178 of 192 RESOLUTION NO. R12 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED IN FAVOR OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE ENTRYWAY TO THE MARINA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach owns a small triangular parcel of land at the entryway to the Marina which the City acquired from FDOT when the Ocean Avenue bridge was reconstructed; and WHEREAS, the CRA is amenable to accepting ownership and thereafter maintenance of the property; and WHEREAS, FDOT was consulted and they have no objection to the transfer; and WHEREAS, following transfer, all maintenance responsibilities will transfer from the City to the CRA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the Mayor to execute a Quit Claim Deed transferring ownership to the property described in the Quit Claim Deed attached hereto as Exhibit "A" to the Boynton Beach Community Redevelopment Agency. Section 3. That this Resolution will become effective immediately upon passage. 179 of 192 PASSED AND ADOPTED this day of February, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor - Vice Mayor — William Orlove Commissioner —Woodrow L. Hay Commissioner — Steven Holzman Commissioner — Marlene Ross Janet M. Prainito, MMC City Clerk (Corporate Seal) 180 of 192 This Instrument Prepared by and Return to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Coimmercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this day of January, 2012, by and between Cite of Boynton Beach, a Florida municipal corporation, hereinafter the "Grantor," whose post office address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33434 and Boynton Beach Community Redevelopment Agency, a Florida Public Agency created pursuant to Chapter 163, Florida Statutes, whose post office address is 710 North Federal Highway, Boynton Beach, Florida 3343, hereinafter the "Grantee." WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by Grantee, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto said Grantee forever all the right, title, interest, claim and demand which Grantor has in and to the following described real property situate, lying and being in Palm Beach County, Florida, to wit: See Legal Description Attached Hereto as Exhibit "A " If the subject property herein conveyed ceases to be used for public purposes, which can include but are not limited to public parking or City /City CRA signage, title shall revert to the Florida Department of Transportation as provided in the Corrective Quit -Claim Deed recorded in Official Records Book 23751, Page 679 of the Public Records of Palm Beach County, Florida. SUBJECT TO: Taxes for current year and subsequent years, restrictions reservations, easements and other matters of record. SUBJECT TO: Conditions set forth in Cit_v of Bo`_nton Resolution No. R- 99 -25, Resolution No. R -99 -90 and Resolution No. R- 99 -91. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity for the use, benefit and profit of the said Grantee forever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands and seal the day and vear first above written. Signed, sealed and delivered in our presence: (Print or Type Name) CITY OF BOYNTON BEACH, a Florida municipal corporation Bv: Title: Attest: Janet M. Prainito, Citv Clerk (Print or Type Name) 181 of 192 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this dav of Januan-, 2012 bv as of the Cite of Bo`nton Beach, a Florida municipal corporation, on behalf of the City, who is personally known to me or has produced a Florida driver's license as identification. NOTARY PUBLIC \ \gcsbs \compam \Librar,,�Librar,, 1990 \900182.BB \Conununit,, Redevelopment Agenc��Quit Clann Deed Form to CRA.doc 182 of 192 II: That part of Lots 13, 14, 15 and 16, CASA LOMA, according to the plat thereof, as recorded in Plat Book 11, Page 3 of the Public Records of Palm Beach County, Florida, lying in Section 27, Township 45 South, Range 43 East, being more particularly described as follows: BEGIN at the Southeast Corner of said Lot 16 said corner being on the Northerly Existing Right of Way line for State Road 804 (East Ocean Avenue) according to the Florida Department of Transportation Right of Way map for Section 93200 -2507; thence North 89 49' 45" West along the Southerly boundary line of said Lots 13 through 16, inclusive and said Northerly Existing Right of Way line; a distance of 63.046 meters (206.84 feet) to a point on the Southwest corner of said Lot 13 and the Easterly Existing Right of Way line for N.E. 6 th Street; thence North 01 46' 22" West along the Western boundary line of said Lot 13 and said Easterly Existing Right of Way line, a distance of 12.793 meters (41.97 feet) to a point on a curve concave Southeasterly, having a chord bearing of North 44 11' 57" East; thence Northeasterly along said curve, having a radius of 8.600 meters (28.22 feet), through a central angle of 91 56' 36" and an arc length of 13.801 meters (45.28 feet) to the end of said curve; thence South 89 49' 45" East a distance of 54.876 meters (180.04 feet) to a point on the Easterly boundary line of said Lot 16; thence South 00 09' 06" West along said Easterly boundary line, a distance of 21.677 meters (71.12 feet) to a point on the Southeast corner of said Lot 16 and the POINT OF BEGINNING. Containing 1,357.4 square meters (14, 610 square feet), more or less. 183 of 192 14. A FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Staff report and recommendation regarding the proposed acquisition of property at the Boynton Beach Mall by a not-for-profit entity, as part of the zoning and fiscal study to be conducted pursuant to NOI # 2011 -01 - 2/21/12 EXPLANATION OF REQUEST This item has been moved to a future agenda at the request of the Not - for - Profit entity. RECOMMENDATION: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 184 of 192 14. B FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Charter Review Committee Report - 3/6/12 EXPLANATION OF REQUEST The City Commission appointed Charter Review Committee will be bringing before Commission their research findings and recommendations in a final report. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 185 of 192 14. C FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Brand Promise Committee Report - 3/6/12 EXPLANATION OF REQUEST The Brand Promise Committee is charged with the fulfillment of the next two steps of the City's Branding Initiative, the Brand Assessment* and development of the Brand Promise *. The Committee members will jointly develop the Promise with recommended Action Steps. A final draft of the Promise will be presented to the Boynton Beach City Commissioners for their review /comments /approval at their February 7, 2012 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT N/A ALTERNATIVES N/A 186 of 192 14. D FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Arts Commission Annual Report- 3/6/12 EXPLANATION OF REQUEST Art in Public Places program update will include a brief video that will review all of the artwork that has been commissioned in the City from Oct. 2010 - Feb 2012. The back up will provide the listing of the projects, activities and the funds that have been budgeted. It will demonstrate how much cultural, economic and branding impact this program has contributed on an extremely limited budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 187 of 192 14. E FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Economic Development Program Update- 3/6/12 EXPLANATION OF REQUEST Update on progress of Economic Development Program implementation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 188 of 192 14. F FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Update on City -owned property for sale- 3/6/12 EXPLANATION OF REQUEST Staff anticipates the land appraisals by mid - February. The advertisement for bids will be due in late February. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 189 of 192 14. G FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 EXPLANATION OF REQUEST Library staff was asked by Commission to bring back a quarterly update on the progress of recovering library materials and /or payment for lost or missing materials through the contract with Unique Management. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 190 of 192 14. H FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Update on In -house Medical Clinic- 3/20/12 EXPLANATION OF REQUEST Review research and feasibility of bringing into the city an In -house Medical Clinic. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 191 of 192 14. 1 FUTURE AGENDA ITEMS February 7, 2012 CITY OF BOYNTON BEACH �Y. AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE February 7, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT F ANNOUNCEMENTS/PRESENTATIONS F UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Revisions to restrictions for vehicle size in residential districts - TBD EXPLANATION OF REQUEST Development staff will provide draft ordinance revisions for consideration by the City Commission regarding restrictions for vehicle size in residential districts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 192 of 192