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Agenda 02-21-12 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, FEBRUARY 21, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large William Orlove Vice Mayor – District I Vacant Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 374 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation by Rev. Lance Chaney, St. John Missionary Baptist Church C. Pledge of Allegiance to the Flag led by Commissioner Holzman SWEARING IN OF MAYOR WOODROW L. HAY D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the American Cancer Society's Relay For Life of Boynton Beach event on May 4 - 5, 2012 to be given by the Relay For Life of Boynton Beach Chairperson, Martine Pierre-Paul, RBC Bank Branch Manager. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation of Robert Bucella, an alternate member of the Recreation and Parks Board B. Accept the resignation of Elizabeth Pierce-Roe, an alternate member of the Senior Advisory Board C. Accept the resignation of Aimond Alexis, a Regular member of the Code Compliance Board D. Accept the resignation of William Shulman, a regular member of the Financial Advisory Committee E. Accept the resignation of George Feldman, a regular member of the Financial Advisory Committee 3 of 374 F. Appoint eligible members of the community to serve in vacant positions on City advisory boards G. Discussion for possible appointment to fill the District II Commission temporary 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 minutes from the City Commission regular meeting held on February 7, 2012 B. Approve the recommendation to rename Veterans Park on Ocean Avenue to Dewey Park. PROPOSED RESOLUTION NO. R12-017 C. - Approve an easement granted by the City of Boynton Beach to the School Board of Palm Beach County that will allow for use of a certain City alley for construction of landscaped open space for Galaxy Elementary School. PROPOSED RESOLUTION NO. R12-018 D. - Approve an amendment to the Interlocal Agreement with the School Board of Palm Beach County regarding Galaxy Elementary School that provides for cost sharing of a reclaimed water line that will service both Galaxy Elementary School and a relocated City park. E. Accept the written report to the Commission for purchases over $10,000 for the month of January 2012. F. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue Fund for the four (4) month period ended January 31, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. G. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for auction of same PROPOSED RESOLUTION NO. R12-019 H. - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on January 19, 2012 and authorize maintaining the reclaim user rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for fiscal year 2011/2012 at $.2000/1,000 gallons I. Approve staff comments regarding the Southeast Florida Regional Climate Change Compact Counties Draft Regional Climate Change Action Plan. 4 of 374 7. BIDS AND PURCHASES OVER $100,000 A. Approve additional funds in the amount of $35,050 for an estimated total of $88,550 for fire alarm and fire sprinkler maintenance activities in City facilities. Simplex Grinnell is the authorized vendor via GSA Contract #GS-07F-0396M 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. A. Approve major site plan modification to construct a 5,950 square foot addition to an existing 1,400 square foot veterinary office building on a 0.44-acre parcel zoned C-2 (Neighborhood Commercial). Applicant: Dr. Robert Martin, DVM. PROPOSED ORDINANCE NO. 12-002 - FIRST READING B. - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY 4.3.8 10. CITY MANAGER’S REPORT A. Approve project scope for repair of the boardwalk areas of Mangrove Walk at the Marina. 11. UNFINISHED BUSINESS A. Consider staff's update 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. B. Provide direction on additional phases of City Manager search process. C. Discussion of placement of public Electric Vehicle (EV) Charging Station Infrastructure 12. NEW BUSINESS None 5 of 374 13. LEGAL PROPOSED ORDINANCE NO. 12-001 - PUBLIC HEARING - SECOND READING A. - 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. PROPOSED ORDINANCE NO. 12-003 - FIRST READING B. - Adopt the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. 14. FUTURE AGENDA ITEMS A. Charter Review Committee Report - 3/20/12 B. Brand Promise Committee Report - 3/6/12 C. Arts Commission Annual Report- 3/6/12 D. Economic Development Program Update- 3/6/12 E. Update on City-owned property for sale- 3/6/12 F. Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 G. Update on In-house Medical Clinic- 3/20/12 H. Discuss Scope of Services for Police Department Study - 3/20/12 I. 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 374 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the American Cancer Society's Relay For EQUESTED CTION BY ITY OMMISSION Life of Boynton Beach event on May 4 - 5, 2012 to be given by the Relay For Life of Boynton Beach Chairperson, Martine Pierre-Paul, RBC Bank Branch Manager. ER: The American Cancer Society is the nationwide, community-based, XPLANATION OF EQUEST voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer, through research, education, advocacy, and service. Relay For Life is a life-changing event that gives everyone in communities across the globe a chance to celebrate the lives of people who have battled cancer, remember loved ones lost and fight back against the disease. At Relay, teams of people camp out at a local high school, park or fairground and take turns walking or running around a track or path. Because cancer never sleeps, Relays are overnight events. Relayers do not have to walk all night but each team is asked to have a representative on the track at all times during the event. H? Relay For Life event will increase OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness and give citizens the opportunity to participate in this life saving event. FI: None ISCAL MPACT A: Not allow presentation. LTERNATIVES 7 of 374 5. A ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Robert Bucella, an alternate EQUESTED CTION BY ITY OMMISSION member of the Recreation and Parks Board ER: Robert Bucella submitted an email declining his appointment as an XPLANATION OF EQUEST alternate on the Recreation and Parks Board. Mr. Bucella does serve as an alternate on the Code Compliance Board and wishes to continue in that role only. H? The Recreation and Parks Board will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 8 of 374 9 of 374 5. B ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Elizabeth Pierce-Roe, an EQUESTED CTION BY ITY OMMISSION alternate member of the Senior Advisory Board ER: Betty Pierce-Roe submitted an email resigning her appointment as XPLANATION OF EQUEST an alternate on the Senior Advisory Board due to a conflict in her work schedule and meeting times. H? The Senior Advisory Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 10 of 374 11 of 374 5. C ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Aimond Alexis, a Regular EQUESTED CTION BY ITY OMMISSION member of the Code Compliance Board ER: Aimond Alexis submitted an email resigning from the Code XPLANATION OF EQUEST Compliance Board due to work commitments. H? The Code Compliance Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 12 of 374 13 of 374 5. D ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of William Shulman, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: William Shulman has submitted his resignation as a regular XPLANATION OF EQUEST member of the Financial Advisory Committee. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 14 of 374 15 of 374 5. E ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of George Feldman, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: George Feldman has submitted his resignation as a regular XPLANATION OF EQUEST member of the Financial Advisory Committee due to other commitments. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 16 of 374 17 of 374 5. F ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 18 of 374 19 of 374 5. G ADMINISTRATIVE February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion for possible appointment to fill the District II EQUESTED CTION BY ITY OMMISSION Commission temporary vacancy ER: At the February 7, 2012 City Commission meeting a motion was XPLANATION OF EQUEST passed for the City Clerk’s office to accept applications and nominations for the vacancy in District II to be brought back to the Commission at the February 21, 2012 City Commission meeting. Attached are the applications received. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 20 of 374 21 of 374 22 of 374 23 of 374 24 of 374 6. A CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the City Commission regular EQUESTED CTION BY ITY OMMISSION meeting held on February 7, 2012 The City Commission met on February 7, 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. H? A record of the actions taken by the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 25 of 374 26 of 374 27 of 374 28 of 374 29 of 374 30 of 374 31 of 374 32 of 374 33 of 374 34 of 374 35 of 374 36 of 374 37 of 374 38 of 374 39 of 374 40 of 374 41 of 374 42 of 374 43 of 374 44 of 374 45 of 374 46 of 374 47 of 374 48 of 374 49 of 374 6. B CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the recommendation to rename Veterans Park EQUESTED CTION BY ITY OMMISSION on Ocean Avenue to Dewey Park. ER: At the November 15, 2011 meeting, the Commission requested XPLANATION OF EQUEST that staff get feedback from the Recreation & Parks and Veterans Advisory Boards and CRA staff regarding the renaming of Veterans Park. All were originally in favor of renaming it to Ocean Avenue Park. Subsequently, Recreation & Parks Director Wally Majors received a recommendation from Ginger Pedersen, a resident of Boynton Beach and member of the Historical Society, to rename the park in honor of two former residents of Boynton Beach who were significantly involved in the founding of our City, Fred S. and Byrd Spilman Dewey. The recommendation and related documentation was shared with the two Advisory Boards. Each of the Boards was in favor of renaming the park in honor of the Deweys. Please note that the documentation being provided includes the recommendation letter from Ms. Pederson that makes reference to various exhibits. Exhibits A, B and C could not be duplicated in a legible format, but are available for review if needed. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Cost of signage approximately $600 - $700. ISCAL MPACT A: Not to accept recommendation from CRA and Advisory Boards. LTERNATIVES 50 of 374 51 of 374 52 of 374 53 of 374 54 of 374 6. C CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-017 - Approve an EQUESTED CTION BY ITY OMMISSION easement granted by the City of Boynton Beach to the School Board of Palm Beach County that will allow for use of a certain City alley for construction of landscaped open space for Galaxy Elementary School. ER: During design development for Galaxy Elementary School, City XPLANATION OF EQUEST staff noted the existence of a 20 foot wide City alley on the eastern side of the existing City Galaxy Park grounds. The preliminary school design maintained this easement in its current form and as such, construction in any form by the School Board was not contemplated on the alley. The alley once served pedestrian traffic to the park that originated from both Boynton th Beach Boulevard and from NW 4 Avenue. During design meetings, City staff expressed concern that the new school contemplated a continuous fence along the west side of the alley for its entire length from Boynton Beach th Boulevard to NW 4 Avenue. This design would allow the sidewalk to remain in the alley but there would be no access to the fenced school grounds. Essentially, this would form a “tunnel” effect for pedestrians walking along this route. It is important to note that on the east side of th the alley there are rear yards of residential properties that front along NW 4 Street. Many of these residential properties have fences as well, further compounding the “tunnel” effect. This also provides little escape options on this public sidewalk should pedestrians find themselves in an unsafe situation. In order to address City staff concerns, the School Board design team agreed to utilize the alley for open landscape purposes. In doing so, the new school fence on the east side of school grounds will be located immediately adjacent to the rear yards of the residential 55 of 374 properties. The attached easement must be ratified to approve the use of the alley by the School Board as so described. Lastly, City staff recognizes that elimination of the alley to public use will also eliminate the existing public sidewalk. This is not desirable. Therefore, as part of FY 2011/12 CIP Budget preparation, the City approved a capital budget that allocates $20,000 to relocate the sidewalk th to NE 4 Street to accommodate pedestrian needs along this street from Boynton Beach th Boulevard to NW 4 Avenue. Staff will ensure that this sidewalk segment is constructed prior to opening of the new school. th H? Relocation of the sidewalk to NW 4 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Street and restricting public access to the referenced alley will greatly enhance pedestrian safety. FI: The adopted CIP for FY 2011-12 includes $20,000 for Sidewalks at Galaxy ISCAL MPACT Elementary School (Project CP0264), account number 302-4904-541-63-24. A: Maintain the existing sidewalk and alley. Staff strongly recommends against LTERNATIVES this. 56 of 374 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF A PERPETUAL ACCESS EASEMENT, MAINTENANCE AGREEMENT AND DECLARATION OF RESTRICTIONS BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THAT WILL ALLOW FOR USE OF A CERTAIN ALLEY FOR CONSTRUCTION OF LANDSCAPED OPEN SPACE FOR GALAXY ELEMENTARY SCHOOL, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , during the design development for Galaxy Elementary School, City staff noted the existence of a 20 foot wide City alley on the eastern side of the existing City Galaxy Park grounds which once served pedestrian traffic to the park; and WHEREAS , the attached agreement with the School Board of Palm Beach County allows for use of a certain City alley for construction of landscaped open space for Galaxy Elementary School; and WHEREAS , the City Commission upon recommendation of staff, deems it appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions between the City of Boynton Beach and the School Board of Palm Beach County. 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 Mayor and City Clerk to execute the Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions between the City of Boynton Beach and the School Board of Palm Beach County that will allow for use of a certain City alley for construction of landscaped open space for Galaxy elementary School, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Perpetual Access Easement, Maintenance Agreement and Declaration of 57 of 374 Restrictions shall be recorded in the Public Records of Palm Beach County, Florida. Section 4. This Resolution shall become effective immediately upon passage. 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 ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 58 of 374 RETURN TO: Director, Planning & Real Estate 3300 Forest Hill Blvd. C-102 West Palm Beach, FL 33406 PREPARED BY: Galaxy Elementary School Reserved for Recording PERPETUAL ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND DECLARATION OF RESTRICTIONS THIS PERPETUAL ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND DECLARATION OF RESTRICTIONS made this ____ day of ___________, 2012, by and between the City of Boynton Beach, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as “Grantor”), and the School Board of Palm Beach County, Florida, a corporate body politic existing under the laws of the State of Florida, whose address is 3318 Forest Hill Boulevard, West Palm Beach, Florida 33406 (hereinafter referred to as "School Board"); WITNESSETH WHEREAS , the Grantor is the owner of that certain parcel of real property (hereinafter referred to as the “Property”), more particularly described as follows: (See Legal Description and Survey of the Property, which is attached hereto as “Exhibit A”) WHEREAS, the Grantor will grant an easement to the School Board in order to permit the School Board to access Grantor's Property in order to provide for the installation of the Improvements Exhibit "B" described in , which is attached hereto and incorporated herein by reference (the “Easement”); and WHEREAS, as part of the Easement, the Grantor will also grant the School Board the right to permit public access along and on Grantor's Property, as depicted on the legal description and survey of Exhibit “A”, the Property, which is attached hereto as and incorporated herein by reference; and WHEREAS, once constructed, the Improvements shall be maintained by the School Board, and, if necessary, further replaced by the School Board; and, WHEREAS, the School Board will agree not to construct anything of a permanent nature within the Easement; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Easement to the School Board, together with the right of entry onto the Property for the construction and maintenance of the Improvements, and execution of this Maintenance Agreement and Declaration of Restrictions; 59 of 374 NOW, THEREFORE, in consideration of the mutual promises contained herein and TEN and no/100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1.The aforesaid recitals are true and correct and are incorporated herein. 2.The Grantor hereby grants and conveys to the School Board a permanent, perpetual Easement for the construction of Improvements on the Property legally described and as Exhibit “A” depicted on which is attached hereto and incorporated herein. The Exhibit “B” Improvements to be constructed shall be as depicted in , which is attached hereto and incorporated herein by reference. 3.The Grantor further grants and conveys to the School Board a permanent, perpetual Easement in order to provide the public with access over, across, and through the Property. 4.The Easement shall not be changed, altered or amended except by a written amendment executed by the Grantor’s and School Board’s authorized representatives, or their respective successors and assigns. 5.School Board agrees to pay any and all fees associated with obtaining any required Exhibit "B" permits for the installation of the Improvements depicted in . 6.Grantor also hereby grants and conveys to the School Board a non-exclusive perpetual Easement for ingress and egress over the Property for the purpose or purposes of constructing and maintaining Improvements on the Property. 7.For purposes of this Agreement, the term maintain may include, at the option of the School Board, the actual construction, maintenance, repair, replacement, and/or removal, of such parts and/or portions of the Improvements as are deemed to be necessary by the School Board, and in order to serve and promote the general safety, health and welfare of the public. 8.This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Grantor or School Board, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the Property, and all persons claiming by, through and under them. 9.If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. 10.This Easement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at the State and County aforesaid on this _____ day of _________________, 2012. 60 of 374 CITY OF BOYNTON BEACH Signed, sealed, and delivered in the presence of: Witness By: Title: Mayor (Print Name) Attest: Witness ____________________________________ (Print Name) By: Janet Prainito Title: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _____ day of _____, 2012 by Jose Rodriguez and Janet Prainito, as the Mayor and City Clerk, respectively, of the City of Boynton Beach, on behalf of the City, who are personally known to me or have produced Florida Driver’s Licenses as identification. NOTARY PUBLIC 61 of 374 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA REVIEWED AND APPROVED AS TO LEGAL FORM ________________________________ BY: _______________________________ School Board Attorney Frank A. Barbieri, Jr., Chairman ATTEST: Date: ___________________ BY: ________________________________ E. Wayne Gent, Superintendent Board Approval Date: _________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _____ day of _____, 2012 by Frank A. Barbieri, Jr., and E. Wayne Gent, Chairman and Superintendent respectively, of the School Board of Palm Beach County, Florida, on behalf of the School Board, who are personally known to me. NOTARY PUBLIC H:\1990\900182.BB\REALEST\Galaxy Easement (SBPBC).doc 62 of 374 63 of 374 64 of 374 65 of 374 66 of 374 67 of 374 68 of 374 6. D CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-018 - Approve an EQUESTED CTION BY ITY OMMISSION amendment to the Interlocal Agreement with the School Board of Palm Beach County regarding Galaxy Elementary School that provides for cost sharing of a reclaimed water line that will service both Galaxy Elementary School and a relocated City park. ER: On March 2, 2010, the City of Boynton Beach and the School XPLANATION OF EQUEST Board of Palm Beach County entered into an Interlocal Agreement (ILA) that provided for the construction of a new Galaxy Elementary School and relocation of the City’s Galaxy Park. As design development for each of these components proceeded, it became apparent that both parties desired the inclusion of reclaimed water that could be used to irrigate both school and park lands. Subsequent to the ratification of the referenced ILA, the City constructed a reclaimed water line northward on Seacrest Boulevard as part of the CRA beautification project. Therefore, a source of reclaimed water is now reasonably close to the school/park project. Therefore, the City and School Board staff evaluated the potential to share in the cost of constructing a th reclaimed water line along NW 4 Avenue from Seacrest Boulevard to the referenced project(s). The cost for this work was initially estimated by Utility Department Staff at $200,000. Current project cost based upon final design is between $213,000 and $230,000, not including contingency. The School District staff agreed to fund 50% of this work up to $100,000. Therefore, it is necessary to amend the original ILA to capture the proposed cost sharing arrangement between the City and School Board. H? Use of reclaimed water for these projects OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will reduce City and School consumption of treated potable water. Use of reclaimed water 69 of 374 further emphasizes the environmental components of the new Galaxy Elementary School and will help the school attain LEED Platinum Level certification. FI: Project construction cost is estimated at $213,000 to $230.000. The School ISCAL MPACT Board share will be capped at $100,000 leaving the estimated final City cost between $113,000 and $130,000, not including contingency and depending upon the bids that are received. Funding is available in Utilities Account No. 404-5000-590-96-11, Project RE004. A: Do not construct the reclaimed water line and instead use potable water for LTERNATIVES irrigation purposes. 70 of 374 RESOLUTION R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY THE MAYOR OF A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE DEVELOPMENT AND USE OF GALAXY ELEMENTARY REPLACEMENT SCHOOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in February, 2010, the City Commission of the City of Boynton Beach the School Board of Palm Beach County and the County of Palm Beach entered into a Tri-Party Interlocal Agreement that provided for the construction of a new Galaxy Elementary School and relocation of the City’s Galaxy Park; and WHEREAS , as design development for each of these components proceeded, it became apparent that both parties desired the inclusion of reclaimed water that could be used to irrigate both school and park lands and a source of reclaimed water is now reasonably close to the school/park project; and WHEREAS , the City and School Board staff has evaluated the potential to share in the cost of th constructing a reclaimed water line along Northwest 4 Avenue from Seacrest Boulevard to the referenced project; and WHEREAS, the School Board has agreed to fund 50% of the work up to $100,000.00; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution by the Mayor and City Clerk of a First Amendment to Interlocal Agreement between the School Board of Palm Beach County, Florida, the City of Boynton Beach and Palm Beach County for the development and use of Galaxy Elementary Replacement School for cost sharing of a reclaimed water line. 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 71 of 374 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 does hereby approve and authorize the Mayor and City Clerk to execute a First Amendment to Interlocal Agreement between the School Board of Palm Beach County, Florida, the City of Boynton Beach and Palm Beach County for the development and use of Galaxy Elementary Replacement School for cost sharing of a reclaimed water line, a copy of which First Amendment is attached hereto and made a part here. Section 3. That this Resolution shall become effective immediately upon passage. 72 of 374 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 ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 73 of 374 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE DEVELOPMENT AND USE OF GALAXY ELEMENTARY REPLACEMENT SCHOOL THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT (“First Amendment”), is entered into this _______ day of _______________, 2012 by and between the School Board of Palm Beach County, Florida (hereinafter referred to as the “School Board”), the City of Boynton Beach (hereinafter referred to as “City”) and Palm Beach County (hereinafter referred to as “County”). WITNESSETH: WHEREAS, the School Board, the City and the County entered into that certain Interlocal Agreement for the Development and Use of The Galaxy Elementary Replacement School (“Original Agreement”) with an effective date of March 2, 2010; and WHEREAS, the School Board, City and County desire to amend the Original Agreement to address the construction of a reclaimed water line serving the Replacement School and the maintenance and repair of the surface water management system serving the Replacement School and Replacement Park. NOW THEREFORE for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the School Board, City and County hereby amend the Agreement as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All defined terms in this First Amendment shall have the same definitions as defined in the Original Agreement. 2. A new Section 21 is added to the Original Agreement which reads as follows: SECTION 21: Installation of Reclaimed Water Line (a) The City agrees to assume all responsibility for the design, permitting, contract preparation, bidding, construction, installation, contract administration of the reclaimed water th line beginning at the intersection of NW 4 Avenue and North Seacrest Boulevard, continuing th west along NW 4 Avenue, and terminating at the Replacement School (the “Reclaimed Water Line”). The City shall use its best efforts to complete the construction of the Reclaimed Water Line by not later than August 1, 2012. (b) The School Board agrees to reimburse the City for 50% of the actual cost of designing, permitting and constructing the Reclaimed Water Line, however in no event to exceed $100,000. The City shall provide the School Board an invoice detailing the costs incurred for work done along with such reasonable back-up as requested by the School Board. 74 of 374 The School Board shall make payment to the City within thirty (30) days following receipt of the all requested documents supporting the reimbursement request. (c) The City, at its sole expense, shall perpetually maintain and repair the Reclaimed Water Line up to the Replacement School’s connection point. 3. A new Section 22 is added to the Original Agreement which reads as follows: SECTION 22: Maintenance and Repair to Surface Water Management System (a) The School Board and the City shall each be responsible for repairing and maintaining the surface water management system (the “Surface Water Management System”) required under South Florida Water Management District Permit #50-09794-P (the “Permit”) lying within their respective properties. (b) To the extent that one party performs repairs or maintenance on both properties, the costs incurred shall be pro-rated between the School Board and the City Division on the basis of the respective land area contributing to the Surface Water Management System. The City’s Replacement Park Property contains approximately 4.34 acres (i.e., 22%). The School Board’s Replacement School Property contains approximately 15.56 acres (i.e., 78%). (c) In the event that either party fails to properly perform the repairs and maintenance work required to comply with the Permit after thirty (30) days notice, then the other party shall be authorized to enter onto the property of the non-performing party and undertake the repairs or maintenance and charge the non-performing party for the labor and material costs incurred. (d) In the event that the performing party incurs costs on behalf of the non-performing party, the performing party shall provide an invoice detailing the costs incurred for the work done along with such reasonable back-up as requested by the non-performing party. The non- performing party shall reimburse the performing party within (30) days following receipt of the all requested documents supporting the reimbursement request. 4. The Original Agreement, as herein modified and amended, shall continue in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the date and year first above written. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation BY:_____________________________ ITS:___________________, Mayor Attest: REVIEWED AND APPROVED AS TO BY:______________________________ LEGAL FORM _______________________________ ITS:_____________________, City Clerk 75 of 374 City Attorney’s Office City Commission Approval Date: _______ Date: ____________________ THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA REVIEWED AND APPROVED AS TO LEGAL FORM _______________________________ BY School Board Attorney Frank A. Barbieri, Jr., Esq., Chairman Date: ____________ BY ______ Superintendent Board Approval Date: 76 of 374 6. E CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the month of January 2012. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for January 2012: Purchase Order Vendor Amount 120587 Fisher Safety $ 10,773.60 120588 Dell Marketing $ 11,085.52 H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for 77 of 374 these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 78 of 374 79 of 374 80 of 374 81 of 374 82 of 374 83 of 374 84 of 374 85 of 374 86 of 374 87 of 374 88 of 374 89 of 374 90 of 374 91 of 374 92 of 374 93 of 374 94 of 374 95 of 374 96 of 374 97 of 374 98 of 374 6. F CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2011-12 Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Revenue Fund for the four (4) month period ended January 31, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. ER: This report summarizes the estimated funding sources and the XPLANATION OF EQUEST adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund for the four (4) month period ended January 31, 2012 (33% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what provides and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and the Utility ISCAL MPACT Revenue Fund follow. 99 of 374 GENERAL FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Annual Actual to DateAnnual Actual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 65,142$ 33,84852%$ 68,551$ 34,660 51%-5%-2% Expenditures$ (65,142)$ (26,626)41%$ (68,551)$ (23,184) 34%-5%15% Excess (Deficit)$ -$ 7,222$ -$ 11,476 Revenues & Transfers (Exhibit A) – 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 the 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 $110,000 representing a total of $22.3 M or 34% of all funding sources. Actual Funding Sources Realized: Revenues and transfers realized are $33.8 M or 52% of the budget estimate compared to $34.6 M or 51% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $21.9 M (83% of the budget estimate) have been received to date versus $21.5 M (84% of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: 1. Franchise Fees with $1.6 M or 35% actually collected in FY 2012 compared to 31% 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 $1.3 M in both years to date. However, this only represents 84% 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. It remains to be seen if all business taxes will be realized. 3. State Shared Revenues of $2.0 M or 31% collected in FY 2012 which is slightly ahead of FY 2011 in dollars collected, but behind the 33% of the total budget estimate for FY 2011. Once again, it remains to be seen if all State shared revenues will be collected. 100 of 374 4. Public Safety revenues reflecting $1.4 M or 35% collected in FY 2012 which is reasonably on target with the budget in both years. 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 – Expenditures for the fiscal year to date are $26.6 M that is 41% of the $65.1 M expenditure appropriation for FY 2012. At 41%, we are ahead of last year’s spending levels of $23.2 M or 34% actual spending levels in FY 2011 for this same period. This is primarily due to the one-time payment for the City’s pension obligations at the beginning of the fiscal year in order to save significant pension costs as opposed to previous years where the City made monthly payments. UTILITY REVENUE FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Actual to DateActual to Date Annual Annual BudgetActual BudgetBudget %% Amount%Amount% Revenues$ 39,077$ 13,00133%$ 36,309$ 12,73935%8%2% Revenue Fund Increase$ (6,860)$ (2,287)33%$ (4,342)$ (1,448)33%58%58% Net Revenues$ 32,217$ 10,71433%$ 31,967$ 11,29135%1%-5% Expenditures$ (32,217)$ (10,780)33%$ (31,967)$ (10,672)33%1%1% Operational Variance$ -$ (66)$ -$ 619 With the approval of the Capital Improvement Plan (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 for the year 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 $66 K versus being ahead of our plan last year by $619 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) – Actual revenues to date of $13.0 M and the planned fund balance increase of $2.3 M vary slightly in FY 2012 compared to the $12.7 M to date in FY 2011, 101 of 374 because of two factors:  Water Sales - $5.9 M equivalent to 32% of the annual estimate, compared to $6.0 M (35%) at this point in FY 2011.  Sewer Service - $5.4 M equivalent to 33% of the annual estimate, compared to $5.3 M (34%) at this point in FY 2011. Expenditures (Exhibit D) – 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 $10.8 M or 33% of the annual appropriation compared to expenditures of $10.7 M or 33% 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. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 102 of 374 103 of 374 104 of 374 105 of 374 106 of 374 6. G CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as EQUESTED CTION BY ITY OMMISSION submitted by Public Works/Fleet Maintenance and allow for auction of same ER: Fleet Maintenance is submitting forty five (45) items on the XPLANATION OF EQUEST “SURPLUS VEHICLE/EQUIPMENT LIST” (list attached) to be sold at auction utilizing the City of Boynton Beach disposal process for surplus vehicles/equipment allowing the use by the City’s approved vendor to auction and generate revenue for the Fleet Maintenance Fund. Procurement Services requests Commission’s review, evaluation and approval to sell the surplus vehicles/equipment. H? The disposal of surplus OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vehicles/equipment will provide inventory control and allow for a disposal process monitored by the Finance Department. FI: The revenue generated from the sale of surplus vehicles/equipment will be ISCAL MPACT placed in the Fleet Maintenance Fund, and credited to the revenue account# 501-0000-365- 01-00. A: To use a different method of selling vehicles such as E-Bay or in-house bid LTERNATIVES option which has been done in the past, but after expenses, it was not in the best interest of the City. 107 of 374 108 of 374 109 of 374 6. H CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-019 - Approve and EQUESTED CTION BY ITY OMMISSION ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on January 19, 2012 and authorize maintaining the reclaim user rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for fiscal year 2011/2012 at $.2000/1,000 gallons ER: On January 19, 2012, the South Central Regional Wastewater XPLANATION OF EQUEST Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI : ISCAL MPACT A: Do not ratify the actions of South Central Regional Wastewater Treatment and LTERNATIVES Disposal Board. 110 of 374 RESOLUTION NO. R12-019 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON JANUARY 19, 2012, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of January 19, 2012, as set forth in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on January 19, 2012, as set forth on the attached Exhibit “A” and authorizes the Interim City Manager and City Clerk to execute said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2012. CITY OF BOYNTON BEACH, FLORIDA ___________________________ Mayor – Woodrow L. Hay ____________________________ Vice Mayor – William Orlove ____________________________ Commissioner – ATTEST: ____________________________ Commissioner – Steven Holzman _________________________ ____________________________ Janet M. Prainito, MMC Commissioner- Marlene Ross City Clerk (Corporate Seal) 111 of 374 112 of 374 113 of 374 114 of 374 115 of 374 116 of 374 6. I CONSENT AGENDA February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve staff comments regarding the Southeast Florida EQUESTED CTION BY ITY OMMISSION Regional Climate Change Compact Counties Draft Regional Climate Change Action Plan. ER: The Southeast Florida Regional Climate Compact (Compact), is a unique XPLANATION OF EQUEST and collaborative effort among Broward, Miami-Dade, Monroe and Palm Beach Counties. Much of the Compact’s work up to this point has served to unite, organize, and assess our region through the lens of climate change in setting the stage for action. Specific accomplishments include the development of regionally-consistent methodologies for mapping sea-level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these work products provide the foundation for this Regional Climate Action Plan, which calls for concerted action in reducing greenhouse gas emissions and anticipating and adapting to regional and local impacts of a changing climate. The recommendations presented here aim to accomplish those goals while also serving to protect the assets of the region’s unique quality of life and economy, guide future investments, and foster livable, sustainable and resilient communities. The overall objective was and remains to integrate climate adaptation and mitigation into existing systems and to develop a plan that can be implemented through existing local and regional organizations. There are 100 action items detailed in the plan’s six goal areas to be accomplished over the next five years with annual reports to mark progress. The policy recommendations will be implemented through several approaches including:  policy guiding documents The development of by local and regional governing bodies;  operational guidance documents The development of ;  consistent goals and measures The development of throughout the various governments in the region; 117 of 374  multi-disciplinary outreach and education program; and A coordinated  focused and prioritized investments Processes for The Compact commitments include federal and state policy coordination on energy and climate related issues, assignment of staff and the development of this Southeast Florida Regional Climate Change Action Plan, and annual participation in regional summits to mark progress. The Compact set the charge to develop:  A common baseline of greenhouse gas emissions for Southeast Florida;  Common regional climate impacts planning scenarios incorporating sea-level rise and other potential impacts;  Strategies for coordinated emission reductions throughout the built environment;  Strategies for coordinated emission reductions from the transportation sector; and  Strategies for coordinated emission reductions resulting from changes in local and regional land use. H? City Sustainability Team members have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES reviewed the action items and provided comments on the possible implications that the Compact’s implementation strategies would have on the City of Boynton Beach. FI: Fiscal Impact to the City cannot be determined at this time and would be dependent ISCAL MPACT on which initiatives the City may adopt and if they become mandated by state or federal legislation. A: Do not approve staff comments or suggest revisions. LTERNATIVES 118 of 374 119 of 374 120 of 374 121 of 374 122 of 374 123 of 374 124 of 374 125 of 374 126 of 374 127 of 374 128 of 374 129 of 374 130 of 374 131 of 374 132 of 374 133 of 374 134 of 374 135 of 374 136 of 374 137 of 374 138 of 374 139 of 374 140 of 374 141 of 374 7. A BIDS AND PURCHASES OVER $100,000 February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve additional funds in the amount of $35,050 for an EQUESTED CTION BY ITY OMMISSION estimated total of $88,550 for fire alarm and fire sprinkler maintenance activities in City facilities. Simplex Grinnell is the authorized vendor via GSA Contract #GS-07F-0396M The Public Works/Building & Grounds Division currently has a blanket purchase order (PO#120514) in the amount of $53,500. Simplex-Grinnell tests, inspects, maintains, repairs, and replaces fire alarm and fire sprinkler equipment based on GSA Contract #GS-07F-0396M. This contract meets and exceeds the City's procurement policies and procedures. The increase is necessary due to a couple of system issues resulting in repairs, the recent inspections which have identified deficiencies that need to be addressed in order to keep the equipment functional, and the need for a replacement panel in the Police Station which is approximately 23 years old. The repair and replacement services provided by Simplex- Grinnell are used on an as needed basis due to the increasing age of our equipment in our older buildings such as the City Hall Complex, Hester Center, and Fire Station #3. Staff has exhausted the dollars set aside for repairs using operating funds and is anticipating the need for additional funding for future repairs. Budget submittals for FY2012/13 will properly reflect maintenance needs. Staff has identified routine replacement of our alarm and monitoring systems over the past ten years in the City’s Capital Plan. However, over the past several years, these funds have been significantly reduced in deference to other projects and in deference to transferring funds from the CIP to help balance the City’s general fund operating budget. As with any physical asset, the longer you own it the more it will cost to maintain that asset until it can be replaced in entirety. That is this situation in this particular request. We are asking that maintenance funding be increased 142 of 374 For comparative purposes the following is the expenditures of repairs for the past two budget cycles: FY09/10 = $51,635.89 FY10/11 = $68,831.76 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Choosing to not increase funding for these repairs and replacements will leave the buildings without fire protection. FI: ISCAL MPACT Funding is budgeted in FY11/12 as follows. Note that funding is allocated in various programs. Fund 302 below anticipates using $20,000 of $50,000 total budget in the CIP for Fire Alarm Upgrades leaving $30,000 for the remainder of the year for repairs that may be necessary. The primary funding sources for maintenance is in program 2511 noted below and these funds will be exhausted as part of this request. 001-2511-519-49.17 = $61,000 001-2612-571-46.20 = $3,100 401-2811-536-49.17 = $2,200 401-2821-536-49.17 = $2,250 302-4101-522-62.01/GG1103 = $20,000 A: Eliminate fire alarm systems altogether (not recommended) or allocate LTERNATIVES additional funds in the CIP to completely replace and modernize our older monitoring systems in a proactive, rather than reactive manner. This could require a total City-wide expenditure of nearly $1.0M and, given the current fiscal state, is not recommended at this time. 143 of 374 144 of 374 145 of 374 146 of 374 147 of 374 148 of 374 149 of 374 150 of 374 151 of 374 152 of 374 153 of 374 154 of 374 155 of 374 156 of 374 157 of 374 158 of 374 159 of 374 160 of 374 161 of 374 162 of 374 163 of 374 164 of 374 165 of 374 166 of 374 167 of 374 168 of 374 169 of 374 170 of 374 9. A PUBLIC HEARING February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve major site plan modification to construct a 5,950 EQUESTED CTION BY ITY OMMISSION square foot addition to an existing 1,400 square foot veterinary office building on a 0.44-acre parcel zoned C-2 (Neighborhood Commercial). Applicant: Dr. Robert Martin, DVM. ER: The applicant is seeking major site plan modification approval to XPLANATION OF EQUEST construct a 5,950 square foot addition to the existing 1,400 square foot Colonial Gateway Veterinary Center, located at 2235 N. Federal Hwy. The project would house the daily operations, including the exam rooms, treatment/surgery rooms, grooming area, boarding area, doctor’s office and administrative area, totaling 4,500 sq. ft. of enclosed space. The 2nd floor is designed for training purposes and, as denoted on the plans, would not be utilized during office hours. The site would be buffered from abutting properties by a six (6) foot high masonry wall and dense landscaping. It should be noted that the subject project is benefited by provisions of the new LDR that now allow boarding and daycare within a veterinary office up to 25% of total th building area. The Planning & Development Board reviewed this request at their January 24 meeting and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Total construction costs would yield appx. $15,000 in one-time permit fees, an ISCAL MPACT increase in ad valorem taxes of appx. $5,000, and an increase in other annual fees of appx. $3,000 (water/sewer/storm water/fire assessment/fire inspection fees). Lastly, the doctor anticipates hiring between two and four individuals after completion. A: Approve the request, approve with conditions, or deny the request. LTERNATIVES 171 of 374 172 of 374 173 of 374 174 of 374 175 of 374 176 of 374 177 of 374 178 of 374 179 of 374 180 of 374 181 of 374 182 of 374 183 of 374 Exhibit “C” Conditions of Approval Project Name: Colonial Gateway Veterinary Center File number: MSPM 12-002 nd Reference: 2review plans identified as a Major Site Plan Modification with a January 3, 2012 Planning and Zoning Department date stamp marking. INCLUDE REJECT DEPARTMENTS ENGINEERING DIVISION Comments: 1. Prior to permit issuance, execute a maintenance agreement with the Engineering Department for the landscaping placed in X the r-o-w. FIRE Comments: 2. No comments at this time. Any concerns will be addressed X during the permit plan review process. POLICE Comments: 3. None, all previous comments addressed. X BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) X process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Indicate within the Site Data the type of construction of the X building, as defined in the 2007 Florida Building Code. 6. At time of permit review, submit signed and sealed working X drawings of the proposed construction. 7. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its X source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 8. If capital facilities fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit X application: 184 of 374 INCLUDE REJECT DEPARTMENTS A. The full name of the project as it appears on the Development Order and the Commission-approved site plan. B. The total amount paid and itemized into the amount for each. 9. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of X approval as listed in the Development Order and approved by the City Commission. 10. The exterior walls of the building shall be fire rated in accordance with Table 602 of the Florida Building Code, based X upon fire separation distance. Refer to north and west walls. 11. The percentage of openings permitted in the north and west exterior walls shall comply with Table 704.8 of the Florida Building Code. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall X construction comply with Table 704.8. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per Table 704.8. 12. Submit an occupant load for the second floor. Refer to Florida X Building Code Section 1004 and Table 1004.1.1. PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: 13. Shade trees are required to be installed along the west perimeter of the site to match that of the south perimeter, since X the abutting property, although used for non-residential purposes, is also zoned residential. PLANNING AND ZONING Comments: 14. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007 and Ordinance 05-004 and an affidavit provided to the X City Clerk. 15. For projects with a valuation of $250,000 or more, the applicant is responsible for compliance with Ordinance 05-060, the “Art in Public Places” program, and should indicate the proposed X 185 of 374 INCLUDE REJECT DEPARTMENTS location of the art work on the site plan. Debby Coles-Dobay, Public Arts Coordinator may be reached at 561-742-6026. 16. Prior to permit plan submittal, correct signage details on the site plan drawings (building elevations) to match those on the sign X shop drawings. COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS X Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Colonial Gateway Veterinary Center\MPMD 12-002\COA.doc 186 of 374 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Colonial Gateway Veterinary Center (MSPM 12-002) APPLICANT’S AGENT: Mr. Jim Rodgers AGENT’S ADDRESS: 8182 SE Cumberland Circle, Hobe Sound, FL 33455 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 21, 2012 Request for major site plan modification approval to construct a TYPE OF RELIEF SOUGHT: 5,950 square foot addition to an existing 1,400 square foot veterinary office building, for a total of 7,350 square feet on a 0.44 acre parcel in the Neighborhood Commercial (C-2) zoning district. LOCATION OF PROPERTY: 2235 N. Federal Highway, Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk 187 of 374 S:\Planning\SHARED\WP\PROJECTS\Colonial Gateway Veterinary Center\MSPM 12-002\DO.doc 188 of 374 9. B PUBLIC HEARING February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-002 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY 4.3.8 ER: The proposed code amendment would add provisions into the XPLANATION OF EQUEST LDRs to allow electric vehicle (EV) infrastructure on public and private property. EV infrastructure is generally described as being comprised of 1) the electric vehicle; 2) infrastructure (charging equipment); and 3) signage commonly associated with such charging station. No greenhouse gases (GHG) are emitted directly from electric vehicles because no fossil fuels are burned. This attribute is attractive to environmentally-conscious consumers. Critics will argue however, that the environmental benefit of electric vehicles is misleading, because the power plants that provide the electricity for the vehicles still emit GHG, particularly those plants which use coal as its main resource. Despite the contrasting claims regarding net benefits, the overall consensus favors electric vehicles as being the more environmentally- friendly choice over gas-powered engines. Also, President Obama’s Energy Blueprint for “Promoting the Transition to Electric Vehicles” encourages the use of electric vehicles for daily commuting and leisure activities and therefore lessening our country’s dependence on foreign oil, and tapping into alternative energies. The proposed code amendment would also further a recommendation of the City’s Climate Action Plan (CAP). The CAP contains an implementation strategy (4.3.8) that states the following: Support initiatives to increase the amount of, and access to, alternative fueled vehicle infrastructure such as fueling stations. 189 of 374 According to a January 31, 2011 news video on SmartPlanet.com, analysts predict that up to 13% of all cars sold in 2020 (presumably in the U.S.) will be electric vehicles, and it is expected that sales will continue to rise, especially as the price of electric vehicles go down. Manufacturers of EV charging stations are currently evaluating commercial sites (e.g., Best Buy, Costco, and Cracker Barrel) throughout the country when planning for EV infrastructure. Staff acknowledges that EV infrastructure is more popular in the western United States than in the east; however, there is growing evidence to show that technology and demand is slowly making its way eastward. In 2009, there were 15,000 retail hybrid registrations, ranking Florida as one of the largest markets, along with California, New York, and Texas. While electric vehicles are not as popular as hybrids, the sale of fully electric vehicles is expected to steadily rise within upcoming years, albeit minimally, but estimates are always subject to change, especially if oil prices spike or other incentives to ownership are available. In recent years, the City has been approached by vendors desiring to install EV charging stations on City-owned and/or public property. Staff researched the availability of EV charging stations within a 30 mile radius of City Hall. According to ChargePoint America and assuming their database is coordinated with others, the query revealed that few public EV charging stations exist near City Hall, the closest are located in downtown West Palm Beach, Delray Beach, and Deerfield Beach. This represents an opportunity for the City. This code amendment was reviewed by the Planning & Development Board in November, but tabled due to several concerns with some of the provisions. Staff addressed these concerns and amended the provisions accordingly. The item was returned to the Board last month and received a supporting recommendation. H? Subject amendment furthers the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES green initiatives and Climate Action Plan. FI: N/A ISCAL MPACT A: Not approve subject code amendment or approve with changes. LTERNATIVES 190 of 374 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1, ARTICLE II, DEFINITIONS; AMENDING CHAPTER 3, ARTICLE V, SECTION 3Z, CREATING PROVISIONS IN THE SUPPLEMENTAL REGULATIONS FOR ELECTRIC VEHICLES; AMENDING CHAPTER 4, ARTICLE IV, SECTION 4D, TO CREATE PROVISIONS FOR SIGNS ASSOCIATED WITH ELECTRIC VEHICLE INFRASTRUCTURE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the legislature finds the development of electric vehicle infrastructure to be a critical step in creating jobs, fostering economic growth, reducing greenhouse gas emissions, reducing our reliance on foreign fuels, and reducing the pollution of Puget Sound attributable to the operation of petroleum-based vehicles on streets and highways; and WHEREAS , limited driving distance between battery charges is a fundamental disadvantage and obstacle to broad consumer adoption of vehicles powered by electricity, therefore, in order to eliminate this fundamental disadvantage and dramatically increase consumer acceptance and usage of electric vehicles, it is essential that an infrastructure of convenient electric vehicle charging opportunities be developed; and WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to add provisions into the Land Development Regulations to allow electric vehicle infrastructure on public and private property; and WHEREAS, the purpose of this section is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient, cost-effective, electric vehicle infrastructure that such a transition necessitates; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to create 191 of 374 provisions in the supplemental regulations for electric vehicles, create new definitions pertaining to electric vehicles and create provisions for signs commonly associated with electric vehicles. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Definitions, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 1, Article II Definitions … AUTOMOTIVE, MINOR REPAIR – An establishment primarily engaged in minor automotive repair services such as oil change, lubrication, engine tune-up, battery replacement, carburetor repairs, tire mounting and balancing, and the replacement and / or repair of external parts of engines. ELECTRIC VEHICLE (EV) – Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. ELECTRIC VEHICLE (EV) CHARGING LEVELS. Three levels of battery charging are generally as follows: LEVEL 1 - Considered slow charging. It requires a 15 or 20 amp breaker on a 120-volt Alternating Current (AC) circuit and standard outlet. This level of charging can fully recharge a Battery Electric Vehicle (BEV) between eight (8) and 32 hours; LEVEL 2 - Considered medium charging. It requires a 40 amp to 100 amp breaker on a 240-volt circuit. This level of charging can fully recharge a BEV between 4 and 6 hours; and LEVEL 3 - Considered fast or rapid charging (a.k.a. “DC fast charge”). It requires a 60 amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Charging time ranges from 25 minutes to 40 minutes. ELECTRIC VEHICLE (EV) CHARGING STATION – A public or private parking space located together with a battery charging station that permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. PUBLIC - A publicly accessible EV charging station is either 1) publicly owned or publicly available (e.g., public library or City Hall lot) or 2) privately owned and publicly 192 of 374 available (e.g., shopping center, non-reserved parking in multi-family developments, etc.). PRIVATE – A EV charging station that is either 1) privately owned and has restricted access (e.g., single-family home, multi-family parking) or 2) publicly owned and has restricted access to the general public (e.g., fleet vehicle parking for police). … Section 3. Chapter 3, Article V, Section 3Z, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 3, Article V, Section 3.Z. Z. Electric Vehicle (EV) Charging Station. Miscellaneous. 1. Permits Required. The installation of an EV charging station shall comply with all applicable regulations and permitting requirements required by life- safety/building codes and these land development regulations. 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, but only in connection with a lawful principal use. In addition, the following restrictions shall apply: a. In residential zoning districts, EV charging stations shall not be available for public usage, except for where used in connection with a non-residential use; b. All EV charging stations shall be located within a conforming parking space or upon an on-site area that is specifically designed and designated for EV charging. For non-residential uses, any parking stall with EV charging is allowed to be used in the computation for meeting the minimum number of required off- street parking spaces. The preferred location shall be such that a single EV charging station could service two (2) parking stalls. c. The provision for an EV charging station may vary based on the design and use of the primary parking lot; however in all instances, the proposed location must ensure the safe and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its associated equipment and power cords, shall not traverse sidewalks, accessible routes, or other pedestrian areas. Likewise, the placement of each EV charging station shall not conflict with landscaping to the extent that the purpose and intent of the landscape code is no longer met. d. No EV charging station shall be installed within a designated handicap space unless it is specifically designed and intended for handicap use only; e. Level 3 EV charging stations shall be prohibited in all residential zoning districts or in connection with any residential use; and f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-way, but only contingent upon the granting of all necessary approvals and/or agreements with the City Commission and all applicable agencies. 193 of 374 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is allowed in connection with EV charging stations. 4. Maintenance. EV charging station equipment shall be maintained in all respects, including the proper functioning of the charging equipment. A current phone number and other contact information shall be provided on the charging station equipment for the party responsible for maintenance and operation of the equipment. 5. Safety. Information on the EV charging station must identify voltage and amperage levels and time of use, fees, or safety information. When the EV charging station space is perpendicular or at an angle to curb face and charging station equipment, adequate equipment protection, such as wheel stops or bollards shall be used. 6. Data to be Available. To allow for maintenance and notification, owners of any new public EV charging station shall provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information. This information shall be submitted to the Director of Public Works. 7. Restrictions. The property owner of a public EV charging station shall have the authority to place restrictions on the number of hours that an EV is allowed to charge, in order to deter indefinite charging/parking. AA. Miscellaneous. … Section 4. Chapter 4, Article IV, Section 4D, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 4, Article IV, Section 4.D. 5. Electric Vehicle (EV) Charging Station Sign. a. Each public EV charging station shall have at least one (1) posted sign displaying operational information such as voltage and amperage levels, hours of use, fees, safety information and penalties related to misuse, and it must be approved by the City. b. Directional signs for EV charging stations may be allowed, provided that each complies with Section 4.C.4 above, except that the size and style shall not exceed that which is allowed in accordance with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) 2009 edition or latest supplement thereof. In addition, a maximum of two (2) off-premises directional signs located within public rights-of-way may be allowed. All signs associated with EV charging stations, if proposed within rights-of-way, shall comply with the permitting and processing requirements of the City and any other entity having jurisdiction over the subject right-of- way. 194 of 374 Section 5. 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 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2012. 195 of 374 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 196 of 374 197 of 374 198 of 374 199 of 374 200 of 374 201 of 374 202 of 374 203 of 374 204 of 374 205 of 374 206 of 374 207 of 374 208 of 374 209 of 374 210 of 374 211 of 374 212 of 374 213 of 374 214 of 374 215 of 374 216 of 374 217 of 374 218 of 374 219 of 374 220 of 374 10. A CITY MANAGER’S REPORT February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve project scope for repair of the boardwalk areas of EQUESTED CTION BY ITY OMMISSION Mangrove Walk at the Marina. ER: Staff requests that the City Commission authorize staff to proceed XPLANATION OF EQUEST with the recommended components outlined in the Short Range Plan (2012) below. If approved, staff will design this work using in-house staff and contract each component. In 2011, the City Commission approved a contract with AECOM for the purpose of developing design alternatives for the repair of the boardwalk area at the Mangrove Walk at the Marina pond. This contract also included cost estimating services. The pond element of Mangrove Walk at the Marina is located just east of the Promenade residential complex and north of Boynton Beach Boulevard. The pond, and its associated pedestrian elements and pavilion, were constructed in 2000 as part of a much larger utility project for stormwater storage and water quality purposes. Much of the pedestrian walkways were constructed with pressure treated timbers thereby forming a new boardwalk. Over the last decade, these timbers have shown considerable deterioration leading to failure of the walking surface and degradation of the structural component of the lighting fixtures. Therefore, a maintenance solution that includes a use of more modern materials suitable to this particular environment was sought. Also desired is a renewed perspective of the public use of these features such that the maintenance selected will allow for continued public use without significant future maintenance expenses. We need to find a solution that does not require costly repair every ten years. Attached is the final report prepared by AECOM wherein they recommend three repair alternatives. At staff’s request, these alternatives were prepared in a phased approach such 221 of 374 that we can set our goal to achieve the broadest solution yet be able to do so over a period of years as funds become available. Short Range Plan (2012) We must keep in mind that our current objective is to do nothing more than correct failed structural and walking components. To that end, AECOM, in Option 1, has proposed four notable work components at a cost of slightly less than $300,000. These components merit discussion and are as follows: 1. Removal of all pedestrian boardwalk walkways and structural pilings between Landings A, C and D, and 2. Removal of Landing D at the northerly end, and 3. Replacement of failed decking on Landings A and C as well as on the walkways to Landing B (pavilion), and 4. Placement of new lighting at the landings and on the shoreline based concrete sidewalk. Staff supports each of these recommendations. We believe that it is unnecessary to have a boardwalk walkway between landings that is redundant to the shoreline sidewalk, hence recommendation #1. With respect to recommendation #2, the consultant found that the primary usage of landings was on Landings A, B and C. Removal of Landing D will reduce both current and future maintenance expense. Furthermore, there is adequate space on the northerly shore should the City desire to place a new landing in this area in the future. Replace of failed decking and lighting in recommendations 3 and 4 are obvious. Modern, more suitable materials such as IPE hardwood or recycled decking products will be considered. Long Range Plan (Pending future CIP funding) AECOM has defined very well how the public space around the pond can be enhanced after correcting deficiencies as outline in Option 1. Future enhancement can include new benches and trash cans, littoral plantings, new overlooks, shade structures to define a public “place” and much more. The consultant believes that this area can generally be used to entice small public gatherings and festivals. These are all great concepts and can be easily constructed in the future as funds become available. The primary current goal is to maintain current elements yet do so in a manner compatible with possible future enhancements. H? This will allow continued safe use of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES boardwalk area by the public. FI: There is $278,511 remaining for this work in the adopted FY 2011/12 CIP, ISCAL MPACT Project # GG1002, and account number 304-4227-572-63.05. Staff will design the project according the funds available. A: Close the boardwalk due to failing components. LTERNATIVES 222 of 374 223 of 374 224 of 374 225 of 374 226 of 374 227 of 374 228 of 374 229 of 374 230 of 374 231 of 374 232 of 374 233 of 374 234 of 374 235 of 374 236 of 374 237 of 374 238 of 374 239 of 374 240 of 374 241 of 374 242 of 374 243 of 374 244 of 374 245 of 374 246 of 374 247 of 374 248 of 374 249 of 374 250 of 374 251 of 374 252 of 374 253 of 374 254 of 374 255 of 374 256 of 374 257 of 374 258 of 374 259 of 374 260 of 374 261 of 374 262 of 374 263 of 374 264 of 374 265 of 374 266 of 374 267 of 374 268 of 374 269 of 374 270 of 374 271 of 374 272 of 374 273 of 374 274 of 374 11. A UNFINISHED BUSINESS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider staff's update report and recommendation EQUESTED CTION BY ITY OMMISSION 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. ER: NOI #2011-01 was adopted by the City Commission on November XPLANATION OF EQUEST 19, 2011 to allow staff 180 days to undertake a study to review zoning regulations and Comprehensive Plan policies pertaining to locational options of tax exempt not-for profit uses in the City. The study will consider provisions for tax-exempt uses in the context of a more comprehensive analysis of how to maximize economic and fiscal value of development, and will also include:  The evaluation of the C-3, PCD, C-4, and M-1 zoning districts for increased commercial and industrial use location options;  The evaluation of sites for potential commercial or industrial conversions (i.e. rezonings);  The evaluation of the list of approved uses in Planned Industrial Districts (PIDs); and  The development and consideration of Comprehensive Plan and Economic Development Program policies that guide the review and actions involving land use amendments/rezoning, and other development applications. The study has been initiated to implement four items (10, 11, 12, and 13) of the Economic Development Program and Initiatives adopted by City Commission at the October 18, 2011 meeting. Proposed acquisition of property at the Boynton Beach Mall 275 of 374 Applications within C-3, C-4, PCD, M-1 and mixed use zoning districts abated on adoption of NOI # 2011-01 include applications for building permits involving a tax-exempt not-for profit entities that represent a change in building occupancy, such as the pending application of Christ Fellowship to occupy a vacant Dillard’s building at the Boynton Beach Mall, zoned C-3. Christ Fellowship church, a congregation of about 30,000 people with a main campus in Palm Beach Gardens and others in Palm Beach and Martin counties, is considering acquisition of the 127,000 square foot Dillard’s property for a sanctuary and accessory church uses. The church has experience in adaptive reuse of vacant commercial property, as demonstrated by its acquisition and adaptation to a religious use of a former Target store in Royal Palm Beach. The owner of the Boynton Beach Mall, Simon Property Group, put the mall on sale in 2010. Of the total 1.1 million square feet, Simon owns 589,886, including Sears and JC Penney. The rest is owned by Macy’s, Cinemark Theaters and Dillard’s. A Simon’s representative indicated that the company is disappointed with the proposed sale, implying that it may reduce the mall sale’s prospects and/or price. “Religious institution in the mall”: economic impact A large volume of vacant commercial space is an outcome of the recession and the growth of internet trade. Some dying and outmoded malls are able to “reinvent” themselves to become “lifestyle shopping” mixed-use projects or outlet centers, some are redeveloped as health or conference facilities, and some have accommodated nontraditional tenants such as churches and schools. Religious institutions have been increasingly leasing space in operational malls, and there are also numerous cases of religious institutions buying entire defunct malls. As religious institutions are taking advantage of low prices and acquiring such space, some expand their role to set up for profit-ventures, or lease space and become landlords. (See Exhibit “A” for more information.) Staff’s research has not produced any quantitative data on economic impact of a religious institution’s presence in the mall on the surrounding retail uses. Some anecdotal evidence seems to suggest that mall property managers do not consider religious institution tenants an asset to the overall business and terminate their lease contracts when an acceptable retailer becomes available. On the other hand, there are also some suggestions that religious institution tenants do generate increased mall traffic as well as increased sales. Staff found no cases of economic impact studies based on the three commonly used economic impact models. Even if such a model can be used, it is difficult to tie the measured impacts – in terms of jobs, income, and business output – to the area within the city’s boundary, let alone to a specific sub-area. In case the Commission requests additional study to assess the economic impact of the Christ Fellowship’s potential presence in the mall, staff has contacted three consultants to determine availability and cost. The respondents to our inquiry were the Chesapeake Group, Fishkind and Associates and PMG Associates who submitted short tentative proposals of overall approach. Both Fishkind and Associates and PMG Associates propose to use economic impact models; the Fishkind’s study would be limited to the analysis based on the model’s output, while PMG Associates’ study would be more extensive and include a direct operational impact assessment as well as the spin-off impact assessment. The Chesapeake Group’s 276 of 374 proposal appears to be similar to the PMG’s. The estimated cost ranged from $2,500 (basic model’s output with a memo) to $10,000, and the timeline from two to six weeks. Please note that Christ Fellowship’s consultant, Don Delaney, has been hired to develop a similar study, so several of the tasks proposed by the consultants as part of their impact assessment have already been completed. Value of social services The value of social services that the religious institution would provide for the community is probably significant but difficult to estimate. Other impacts Traffic The weekday traffic generation report, submitted to Christ Fellowship staff by Kimley-Horn and Associates, shows that the proposed use would result in a reduction of 1,198 daily trips, a reduction of 49 AM peak hour trips and a reduction of 167 PM hour trips as compared with the trip generation of the retail use. (See Exhibit “B” for the report.) Please note that only the weekday traffic generation is subject of review for consistency with the Palm Beach County Traffic Performance Standards Ordinance, while the peak hours for the religious institution-generated trips will coincide with Sunday and Saturday services. Based on the projections of 1,400 seats, estimates for the Sunday traffic are 854 peak hour trips (9:00 a.m. to 1:00 p.m.) and a total of 2,590 daily trips. This calculation is based on the trip th generation rates for religious institutions included in the Trip Generation manual, 8 edition, published by the Institute of Transportation Engineers. Christ Fellowship estimates that the total Sunday attendance for services and other activities will eventually reach about 9,100 persons, so the actual number of trips can potentially be higher. However, please also note that, to put these numbers in perspective, the number of weekday daily trips registered in February of 2011 on Congress Avenue between Boynton Beach Boulevard and Old Boynton Road was 43,496. Since the mall Sunday hours are 12:00 p.m. to 6:00 p.m., most of the Sunday religious institution-generated traffic would occur prior to traffic generated by the mall patrons. Parking Staff reviewed a preliminary parking analysis submitted by the applicant, which concludes that the 604 parking spaces currently existing on the Dillard’s property would meet, if not exceed, code requirements for the proposed use. (For more information, see Exhibit F.) This analysis does not account for availability of parking spaces elsewhere on the mall property, particularly during the off-peak hours. RLUIPA (The Religious Land Use and Institutionalized Persons Act) Denying the use of property for religious purposes may be challenged under RLUIPA, a federal law enacted in 2000. The purpose of RLUIPA is to protect religious institutions from unduly burdensome or discriminatory land use regulations. RLUIPA stipulates that “no government shall impose or implement a land use regulation in a manner that imposes a “substantial 277 of 374 burden” on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution is (A) in furtherance of a “compelling governmental interest”; and (B) is the “least restrictive means” of furthering that compelling governmental interest. If denying the use of property for religious purposes is determined to be a “substantial burden” imposed on the entity requesting it, government must demonstrate compelling reasons for denial. Protecting “public health, safety and welfare” is thought to fall into this category. Other reasons, such as economic development, historic preservation and neighborhood compatibility may or may not be ultimately determined by courts to be “compelling”. Generally, good planning practices - applying the same standards to religious institutions as to other places of public assembly, and focusing on use impacts and scale - lessens the probability of a successful RLUIPA challenge. (See Exhibit “C” for more information.) R: It is staff’srecommendation that the moratorium be continued but amended ECOMMENDATION to exclude religious institutions from its scope. This recommendation stems from staff’s analysis, which yielded the following conclusions:  There is a potential for an RLUIPA challenge . Specifically, the action to deny the request can possibly be interpreted as a “substantial burden” for the church”, especially since there are no obvious alternative sites. Moreover, the City’s economic and fiscal concerns may not necessarily be viewed as a “compelling government interest’ to justify the denial.  The ensuing litigation would be costly . The cost of potential litigation can be substantial, a serious concern at a time of significant budget challenges.  Ultimately, the future code amendments are unlikely to prevent a religious institution from locating at the mall. The code amendments resulting from the zoning study planned under the moratorium will have to accommodate constraints that the RLUIPA’s provisions place on regulations pertaining to religious uses.  Christ Fellowship’s benefits present unique opportunity. Although the ultimate economic impact of Christ Fellowship’s presence on the surrounding retail uses remains uncertain, the church’s projected eventual weekly attendance of 13,000 people has a potential to generate significant retail traffic and increased sales both in the mall and in surrounding retail uses. Moreover, Christ Fellowship’s proposed annual $25,000 contribution to the City would largely offset direct fiscal losses. The church proposed improvements are valued at $9.25 million, which would further benefit the city and the mall. It is not likely that alternative proposals from other non-for-profits afforded special treatment under federal or state laws would convey comparable benefits, both in terms of economic and direct fiscal impacts. These proposals may include requests from other religious institutions or from charter schools, currently subject to provisions of state laws that would likely override any future code regulations excluding them from the mall. If the Commission follows the above recommendation, staff will continue the zoning study as provided for in the NOI and will strive to balance the RLUIPA concerns against valid economic development interests when considering code amendments. Any requests from uses subject to federal of state laws submitted prior to the expiration of the moratorium will be considered on a case-by-case basis. 278 of 374 Staff also recommends that all efforts be made to consider measures to support economic sustainability of the remaining part of the mall, including defensible code amendments and overall site improvements such as improved visibility through better signage (a particular concern of Simon’s), addition of sidewalks and improved landscape. Staff would coordinate with Christ Fellowship and with the representatives of Simon’s to accomplish this task. Finally, as directed by the Commission, staff sought input on this item from the Greater Boynton Beach Chamber of Commerce and the Business Development Board of Palm Beach County. The Chamber’s Board of Directors has taken a neutral position on this issue; staff was unable to contact Kelly Smallridge, the president and CEO of the Business Development Board. H? No direct impacts are anticipated. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Currently, the total annual revenues accruing to the City from the subject ISCAL MPACT Dillard’s building equal $53,121, including $23,741 in property tax. Christ Fellowship would be exempt from most of the taxes and fees: the church would pay an estimated $12,672 in sewer, water, stormwater and related fees, with the total annual fee payments to the City of $13,122. The estimated net loss of the annual revenue for the city would therefore be $39,999, and may be offset by the amount – yet to be determined – of a donation offered by Christ Fellowship. The total one-time fees based on $9.25 million projected value of improvements and the change of use would be about $315,000. For details of both annual and one – time taxes and fees, see Exhibits D and E. A: See “Recommendation.” LTERNATIVES 279 of 374 EXHIBIT “A” CHURCHES AND MEGACHURCHES IN MALLS What is a megachurch? The most overt characteristic of megachurches is their size, as measured by the number of persons attending in a given week. Although some disagreement exists over what size attendance should constitute a megachurch, a most often cited threshold is a minimum weekly attendance of 2,000 persons. Megachurches are a new phenomenon: nearly all current megachurches were founded after 1955. The explosive growth experienced by these congregations, however, did not begin until the decade of the eighties and continues today. Megachurches reuse vacant commercial real estate To accommodate their growing congregations, many of the churches have been locating in vacant and obsolete former commercial and retail spaces such as strip malls, abandoned "big-box" retail buildings and sports arenas as there are cost advantages to remodeling a vacant building rather than building a new facility. This trend continues. A large volume of vacant commercial space is an outcome of the recession and the growth of internet trade. Adaptive reuse of enclosed malls An enclosed mall as a model for a shopping center is becoming obsolete. The Wall Street Journal in 2010 reported that 95 of the country’s 1,006 enclosed malls are struggling because they have annual retail sales per square foot of $200 or less. Malls with high vacancies are especially vulnerable. Some dying and outmoded malls are able to “reinvent themselves to become “lifestyle shopping” mixed use projects or outlet centers, some are redeveloped as health or conference facilities, and some have accommodated nontraditional tenants such as churches and schools. Church in the mall Churches have been increasingly leasing space in operational malls. There is no available data demonstrating their impact on the business of other tenants, though anecdotal evidence suggests increasing traffic does benefit the mall as a whole. However, according to some real estate professionals, retail businesses aren't always enthusiastic to have a church as a neighbor or tenant, even in a struggling mall. Often, churches are offered short – term leases that are terminated when a secular tenant becomes interested. There are also numerous cases of churches buying defunct malls. In 1998, First Baptist Church of Lakeland, Florida, bought a Lakeland mall (which at that time had been empty for nearly ten years), and changed its name to First Baptist Church at the Mall. In 2006, the church renovated the old Sam’s Club building to create a new, 2,400-seat sanctuary. Because of the recession, prices of the vacant prime spaces are no longer prohibitive for churches, and the existing mall parking, designed to meet heavy retail demand, is also ideal for the needs of large churches. In the majority of cases, they use mall space to develop a sanctuary and accessory church facilities (offices, a daycare center, a school, a food bank, a bookstore/gift store/charity clothing store etc). 280 of 374 As churches are taking advantage of the situation and buying the space up, some expand their role to set up for profit-ventures, or lease space and become landlords. Below are two examples of megachurches owning and operating shopping malls. Forest Park Mall in Village of Forest Park, Illinois A 400,000 square-foot enclosed Forest Park Mall opened in 1983, anchored by Venture discount store and Courtesy Home Center home improvement store, complemented by an enclosed hallway of stores connecting the anchors, containing room for 70 stores. The mall received its only expansion when a small food court was added, but it was never fully leased. Throughout the 1990s, it encountered many setbacks: two anchor stores closed, and other stores began to leave. The Living Word Christian Center, pastored by Bill Winston, opened up in the former home improvement anchor in 1998. It formed a commercial subsidiary, Forest Park Plaza, LLC, to acquire the entire mall, and launched a strong revitalization effort, with a plan to create “a place where Forest Park residents, as well as other residents in the surrounding communities, can enjoy upscale perks including a multi-purpose community center, a conference center, a retail mall, and a convention center.” The site is now a successful hybrid: half mega-church, half shopping mall. In addition to the Living Word Christian Center's Worship Center, it houses the Joseph Center® for Business Development, the Joseph Center® School of Business and Entrepreneurship, Living Word Bible Training Center, Living Word World Missions Center, and the Cornerstone Bookstores. The existing retail tenants include Ultra Foods, KMart, Conway, Hibachi Grille & Supreme Buffet, Royal Christian Bookstore, America's Best, Ashely Stewart, US Cellular, Portillos and Taco Bell. Living Word Christian Church has attendance of approximately 12,000 people on a typical Sunday. The Kingdom Plaza at the Normandy Mall, Jacksonville, Florida The Normandy Mall operated for 29 years; the last store closed in 1992. The property remained vacant for over 10 years - until 2002, when Potter’s House Christian Fellowship, a non-denominational mega church, bought it for $4 million. The church spent an additional $7.5 million renovating the mall. The organization has purchased and renovated other properties in the area, including the former Exley Volkswagen Dealership (now a private high school campus) and a former BellSouth Call Center (now a business complex and a private elementary school campus). A 120,000 square foot former Sam’s Wholesale building houses the main auditorium and Potter’s Church facilities which include a 4,000 plus seat sanctuary, a 1,000 seat children’s church, a 150 seat wedding chapel, a 12,000 square foot nursery with two indoor playgrounds, a teen restaurant called the Rock Cafe, Java Rock Coffee Shop, a recording studio, administrative offices, a lecture hall, and conference rooms. The building is located within steps of the mall. The Kingdom Plaza continues to be part shopping mall and part church. The church itself owns three of the biggest tenants: a bowling center/game room, a Southern food restaurant and a fitness center. The restaurant, Potter's House Soul Food Bistro, seats close to 300 diners and has become one of the most popular eateries in all of Jacksonville. The fitness center is a state of the art 15,000 square foot, million dollar facility equipped with cardio theatre, an aerobics suite, a lap swimming pool, jacuzzi, steam rooms, spas and the latest top of exercise equipment. The remaining stores in the mall are leased to local businesses. 281 of 374 While the Potter House has a not-for profit status, Kingdom Plaza is taxed. The entire property is currently valued at about $6 million, with a taxable value of $3 million. 282 of 374 283 of 374 284 of 374 285 of 374 EXHIBIT “C” THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) AN OVERVIEW The purpose of RLUIPA, a federal law enacted in 2000, is to protect religious institutions from unduly burdensome or discriminatory land use regulations. “Substantial burden”: general rule and scope of application RLUIPA stipulates that “no government shall impose or implement a land use regulation in a manner substantial burden that imposes a on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, compelling governmental interestthe assembly, or institution is (A) in furtherance of a ; and (B) is least restrictive means of furthering that compelling governmental interest. RLUIPA applies to cases in which “the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures and practices that permit the government to make, individualized assessment of the proposed uses for the property involved.” The "individualized assessments" can potentially encompass many types of land use regulations. For example, decisions regarding variances, conditional uses and rezonings may involve subjective judgment, and thereby may trigger the individualized assessment jurisdiction of RLUIPA. RLUIPA does not define “substantial burden”. It appears the courts will consider a generally neutral zoning law to violate the substantial burden provision if the religious institution can prove that there is no other suitable land or properties within the city. Thus, a religious institution would have to prove that it must be located within the particular zoning district because it cannot be located in those areas where churches are allowed. Discrimination and Exclusion Communities cannot apply land-use regulations in a way that treats any religious assembly or institution “on less than equal terms” with a nonreligious assembly or institution. This prohibition includes zoning regulations that either totally exclude religious assemblies from a jurisdiction or unreasonably limit assemblies, institutions, or structures within a jurisdiction. Regulations based on “compelling governmental interest” RLUIPA does not provide the definition, and the courts of appeal have yet to specifically define a rule as to what is a “compelling governmental interest” under the substantial burden provision within the zoning context. Generally, protecting “public health, safety and welfare” is thought to fall into this category. Historic preservation and neighborhood compatibility may be less “compelling” reasons for denying the use of property for religious purposes. Several other issues commonly considered when reviewing a site plan, rezoning request, or zoning ordinance amendment may fall within an intermediate category. Such issues may include parking, traffic, noise and environmental concerns. Passing the “least restrictive means” test Once it is established that a land use regulation or decision is based on a compelling governmental interest, the government still has the burden of showing that it is using the least restrictive means available of furthering that interest, that there is a nexus between the interest and the regulation employed. It is not enough to say that a regulation promotes the interest in abstract; rather, a regulation 286 of 374 passes the test if it rests on specific findings of the ways in which it promotes the said interest. The government must narrowly tailor its regulations and decisions to those interests. Economic development and RLUIPA River of Life Kingdom Ministries v. Village of Hazel Crest The review of case law (, Illinois, 2008 WL 486556, property within TIFdistrict) shows that economic development and redevelopment concerns – generating revenue for elimination of neighborhood blight – may, under certain circumstances, also be Petra Presbyterian Church v. Village considered “compelling governmental interest”. In another case ( of Northbrooke , 409) F. Supp. 2d 1001, N.D. Ill., 2006) excluding religious and all other assembly uses from a commercial zoning district was deemed not to be a “substantial burden” for the church, as there was other land Western New York available in the municipality where a church could be built. Likewise, in the case of District, Inc. of the Wesleyan Church and the Vine Wesleyan Church v. Village of Lancaster , 2007 Slip Op 27354; 2007 N.Y. Misc. Lexis 6126, the Supreme Court of New York held that the Village Board properly denied Church’s request after it found that it was in the over-all public interest to deny the request based on the interests of (1) creating an industrial park to advance economic development; (2) use of public investment and development of the industrial park for industrial uses, including economic development through job creation, property taxes, and related economic activities; and (3) use of the industrial park consistent with a comprehensive plan. However, courts have also ruled that municipal interests in revenue generation and economic development are not compelling. 287 of 374 288 of 374 289 of 374 290 of 374 291 of 374 292 of 374 293 of 374 11. B UNFINISHED BUSINESS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Provide direction on additional phases of City Manager EQUESTED CTION BY ITY OMMISSION search process. ER: On October 4, 2011, City Commission authorized Human XPLANATION OF EQUEST Resources to move forward with a search process for the City Manager position. On January 26, 2012, City Commission was provided application information on ten (10) candidates and was requested to provide feedback to obtain consensus regarding the following areas of the search: -Number of candidates to interview and method of selecting the number of candidates 1. Interview all ten (10) candidates 2. Commission determines process and comes to a consensus on (a) the number of and (b) who of the ten (10) candidates to interview 3. Commission accepts six (6) candidates as further narrowed by Human Resources 4. Commission accepts three (3) candidates as further narrowed by Human Resources -Identify and select dates to conduct individual and public interviews Attachment: Update Letter to Mayor and Commission H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City continues to operate with direction of Interim City Manager. FI: Assessments were conducted free of charge in partnership with Workforce ISCAL MPACT Alliance; nominal costs for advertising plus staff time spent on the project. 294 of 374 A: LTERNATIVES 1. Postpone City Manager search process. 2. Discontinue City Manager search process. 3. Appoint Interim City Manager to City Manager. 295 of 374 296 of 374 297 of 374 298 of 374 11. C UNFINISHED BUSINESS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of placement of public Electric Vehicle (EV) EQUESTED CTION BY ITY OMMISSION Charging Station Infrastructure. ER: At the February 7, 2012 City Commission meeting, staff presented XPLANATION OF EQUEST an EV Charging Station Infrastructure project as the final project to utilize the remaining Energy Efficiency Conservation Block Grant (EECBG) funds. Placement of the charging stations were submitted to the Department of Energy as being two (2) charging stations located at the City of Boynton Beach Library, two (2) located at the Oceanfront Park Beach, and one (1) located in the City Hall Parking Garage. A motion was made by Commissioner Holzman to place two stations at the Barrier Free Parking lot, taking one from the beach and one from the City Hall parking lot. Vice Mayor Orlove seconded the motion for discussion and suggested amending the motion to have staff return with a plan to show how the charging stations would be throughout the City in places that are free and available to all the public. The motion was made and seconded for staff to come back to the next meeting with suggestions for the charging stations for the electric vehicles. Staff has revisited the placement of the charging stations, taking into consideration that an electrical source would have to be located and accessible at the new locations, and are chosen based on the time needed to recharge a vehicle. They are not rapid charging stations and would take at least 2 to 3 hours to charge. The goal was to identify sites that would afford easy accessibility without excessively limiting regular available parking, and would become a destination location for citizens and residents to spend the 2 to 3 hours needed for charging. Staff recommends that two (2) charging stations remain designated at the Library, one (1) charging station be placed at the Beach, one (1) charging station be placed at the Congress Avenue Barrier Free Park, and one (1) charging station be placed at the south parking lot next to the Children’s Schoolhouse Museum, Amphitheater and Kid’s Kingdom Playground. This 299 of 374 final placement in the Museum parking lot affords a centralized location that will benefit patrons of the adjacent facilities, but also citizens and visitors along the Ocean Avenue Corridor. Two other city-owned sites were identified by staff as having the requirements needed to install th a charging station; one (1) at Fire Station # 5 or one (1) at the 4 Street parking lot (next to the Jones Cottage). H? This project addresses a key OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES transportation element in our long-term Climate Action Plan, specifically Implementation Strategies 4.4.10 & 4.4.11. Tied to that strategy is the City’s commitment to determine opportunities for expansion of the existing EV Charging Station network that already exists in surrounding jurisdictions. By installing EV Charging Stations at key public facilities in Boynton Beach, we are closing the gap on a continuous string of stations that run north to south through Palm Beach County, Florida. This project also addresses President Obama’s Energy Blueprint for “Promoting the Transition to Electric Vehicles” by installing infrastructure that will provide citizens and visitors with free, accessible charging stations, therefore encouraging the use of Electric Vehicles for daily commuting and leisure activities. FI: Project cost is estimated at $19,550. The unobligated EECBG funds will cover ISCAL MPACT $12, 654.00 with the remaining funds of $6,896.00 to come from account GG0901 - Municipal Building Energy/Environment Initiatives - 302-4101-531-62.01 A: Staff needs to move forward immediately with this project due to the LTERNATIVES requirement that EECBG funding is to be fully obligated by March 19, 2012. (Definition of “obligation” per the EECBG Reporting Guidance Program Notice 10-07C is when the funds have been committed to the internal department that will expend the funds via purchase order, contract, and/or goods and services have been received). Further delay of the project could cause the City to default on the grant. 300 of 374 13. A LEGAL February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-001 - PUBLIC EQUESTED CTION BY ITY OMMISSION HEARING - SECOND 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. ER: On December 6, 2011 the City Commission approved the Master XPLANATION OF EQUEST 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. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None LTERNATIVES 301 of 374 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, 302 of 374 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 303 of 374 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. 304 of 374 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. 305 of 374 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} 306 of 374 FIRST READING this _____ day of ____________________, 2012. SECOND READING and FINAL PASSAGE this _____ day of _______________, 2012. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: ______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 307 of 374 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-048 STAFF REPORT TO: Chair and Members Planning and Development Board : THRUMichael Rumpf Director of Planning and Zoning : FROMEd 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: 308 of 374 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) 309 of 374 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 & tile showroom, mattress showroom, etc.) based upon the amount of on-site parking, as the site was originally designed 310 of 374 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 and 74. 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 311 of 374 13. B LEGAL February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-003 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Adopt the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. ER: Based on Florida Statute 553.73 4(a), “Building Construction XPLANATION OF EQUEST Standards”, the state legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. Accordingly, the City of Boynton Beach Building Division has modified the Chapter 1 code section of the Florida Building Code in conjunction with Palm Beach County to provide a greater consistency in the application and interpretation of the code on a countywide basis. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Apply the Florida Building Code without the Administrative Amendments LTERNATIVES tailored to the specific requirements of the City of Boynton Beach and Palm Beach County. 312 of 374 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach Building Division has modified that Chapter 1 section of the Florida Building Code in conjunction with Palm Beach County to provide a greater consistency in the application and interpretation of the code on a countywide basis; and WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative Amendments to the 2010 Florida Building Code; and WHEREAS , such amendments must be transmitted to the State within 30 days after enactment of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Boynton Beach Administrative Amendments to the 2010 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the administration of the building codes, existing administrative laws or rules of the City shall control. 313 of 374 Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ___ day of ______________, 2012. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 314 of 374 315 of 374 316 of 374 317 of 374 318 of 374 319 of 374 320 of 374 321 of 374 322 of 374 323 of 374 324 of 374 325 of 374 326 of 374 327 of 374 328 of 374 329 of 374 330 of 374 331 of 374 332 of 374 333 of 374 334 of 374 335 of 374 336 of 374 337 of 374 338 of 374 339 of 374 340 of 374 341 of 374 342 of 374 343 of 374 344 of 374 345 of 374 346 of 374 347 of 374 348 of 374 349 of 374 350 of 374 351 of 374 352 of 374 353 of 374 354 of 374 355 of 374 356 of 374 357 of 374 358 of 374 359 of 374 360 of 374 361 of 374 362 of 374 363 of 374 364 of 374 365 of 374 14. A FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Charter Review Committee Report - 3/20/12 EQUESTED CTION BY ITY OMMISSION ER: The City Commission appointed Charter Review Committee will be XPLANATION OF EQUEST bringing before Commission their research findings and recommendations in a final report. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 366 of 374 14. B FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Brand Promise Committee Report - 3/6/12 EQUESTED CTION BY ITY OMMISSION ER: The Brand Promise Committee is charged with XPLANATION OF EQUEST 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. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 367 of 374 14. C FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Arts Commission Annual Report- 3/6/12 EQUESTED CTION BY ITY OMMISSION ER: Art in Public Places program update will include a brief video that XPLANATION OF EQUEST 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. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 368 of 374 14. D FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Economic Development Program Update- 3/6/12 EQUESTED CTION BY ITY OMMISSION ER: Update on progress of Economic Development Program XPLANATION OF EQUEST implementation. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 369 of 374 14. E FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on City-owned property for sale- 3/6/12 EQUESTED CTION BY ITY OMMISSION ER: Staff anticipates the land appraisals by mid-February. The XPLANATION OF EQUEST advertisement for bids will be due in late February. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 370 of 374 14. F FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on Unique Management Contract with the City of EQUESTED CTION BY ITY OMMISSION Boynton Beach Library - 3/6/12 ER: Library staff was asked by Commission to bring back a quarterly XPLANATION OF EQUEST update on the progress of recovering library materials and/or payment for lost or missing materials through the contract with Unique Management. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 371 of 374 14. G FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on In-house Medical Clinic- 3/20/12 EQUESTED CTION BY ITY OMMISSION ER: Review research and feasibility of bringing into the city an In-house XPLANATION OF EQUEST Medical Clinic. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 372 of 374 14. H FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 21, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss Scope of Services for Police Department Study - EQUESTED CTION BY ITY OMMISSION 3/20/12 ER: Per the City Commission’s direction in November, 2011 staff XPLANATION OF EQUEST sought proposals from vendor/consultants to conduct a study of Police Department Operations/Services. To date, a defined scope of services has not been determined by the City Commission. This item will be provided to the Commission at the 3/20/12 meeting for discussion and direction. Proposals and estimated costs will be included. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 373 of 374 14. I FUTURE AGENDA ITEMS February 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - TBD ER: Development staff will provide draft ordinance revisions for XPLANATION OF EQUEST consideration by the City Commission regarding restrictions for vehicle size in residential districts. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 374 of 374