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Agenda 04-03-12 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, APRIL 3, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large William Orlove Vice Mayor – District I Mack McCray 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 207 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of April 2012 as Paralyzed Veterans Association Awareness Month. B. Proclaim the week of April 8 to April 14, 2012 as National Library Week with Tuesday, April 10 as National Library Workers Day. C. Announcement of the Movies on the Ave. film for April 6, 2012 D. Announcement of the Downtown Open Market on Sunday, April 15, 2012 E. Announcement of Sunday Funday on Sunday, May 6, 2012 F. Announcement of the Ocean Avenue Concert for Friday, April 20, 2012 G. Announcement of the Movies on the Ave. film for May 4, 2012. H. Announcement of the Ocean Avenue Concert for Friday, May 18, 2012 I. Presentation by members of the City of Boynton Beach Sister Cities regarding the Boynton Beach delegation's recent trip to Les Cayes, Haiti J. Announcement of Community Improvement Public meeting for Community Development Block Grant 1 year Action Plan and 5 year Consolidated Plan. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 of 207 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Discuss the appointment of Richard Wise to the Community Relations Board as an alternate and possible appointment of Richard Wise to the Code Compliance Board 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue Fund for the five (5) month period ended February 29, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. PROPOSED RESOLUTION NO. R12-026 B. - Approve the reinstatement of the Interlocal Agreement between the Board of County Commissioners, Palm Beach County, Florida and the City in its entirety, extending the term of the original agreement to September 30, 2012, and increasing funding received by $20,000 from $71,352 to $91,352 for personnel and/or youth interest-based programming, authorizing the Interim City Manager to execute agreements associated with this reinstatement C. Approve the minutes from the City Commission regular meeting held on March 20, 2012 D. Accept the resignation of Boyd Boggess, a regular member of the Building Board of Adjustment and Appeals E. Accept the resignation of Matthew Barnes, a regular member of the Planning and Development Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 4 of 207 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. PROPOSED ORDINANCE NO. 12-006 - FIRST READING A. - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City-owned/operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial (TABLED ON component of beverage and food manufacturing establishments. MARCH 20, 2012) PROPOSED ORDINANCE NO. 12-004 - SECOND READING - PUBLIC HEARING B. - Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi-family rental units. (TABLED ON Applicant: Bradley Miller, Miller Land Planning Consultants, Inc MARCH 20, 2012) C. Approve Seabourn Cove Phase II new site plan (NWSP 12-001) for multi-family residential (rental apartments and townhomes) consisting of 148 dwelling units within 14, three-story buildings and associated recreational amenities and parking within a master planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning (TABLED ON MARCH 20, 2012) Consultants, Inc PROPOSED RESOLUTION NO. R12-027 D. - Approve Land Development Agreement with Gulfstream Gardens LLC 10. CITY MANAGER’S REPORT A. Review and discuss Bids received on three (3) parcels of City-owned Real Property. 11. UNFINISHED BUSINESS A. Not-for-Profit Notice of Intent / Moratorium Study- Staff update 12. NEW BUSINESS A. Discussion regarding the purchase of land, development and maintenance for a new passive park located at SW 1st Ave and SW 1st St. at the request of Commissioner Holzman. B. Review procedures for adding items to City Commission agenda. C. Request by Commissioner Holzman for City Commission to have discussion on possible dissolution of Financial Advisory Committee 5 of 207 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session - 4/17/12. B. Police Study - 4/17/12 C. Update on In-house Medical Clinic- 5/1/12 D. Discussion of City Manager Search interview rankings - 5/1/12. 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 207 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Proclaim the month of April 2012 as Paralyzed Veterans EQUESTED CTION BY ITY OMMISSION Association Awareness Month. ER: In 1984 Paralyzed Veterans of America set aside a month to raise XPLANATION OF EQUEST th awareness for issues of importance to paralyzed veterans. This year marks the 65 year of the organization’s existence. The theme for this year’s observance of PVA Awareness Month is “Building a Nation Fit for Heroes.” H? Raise awareness of the needs of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES paralyzed veterans, and how members of PVA continue to serve their communities. FI: N/A ISCAL MPACT A: Not allow proclamation. LTERNATIVES 7 of 207 PROCLAMATION WHEREAS, Residing within the boundaries of Boynton Beach, Florida, many of our neighbors have served as members of the Armed Forces, and in doing so honored our community with exemplary dedication; and WHEREAS, It is important that we recognize the sacrifices made by our community’s veterans who are paralyzed. THEREFORE, I, Woodrow H, Mayor of the City of Boynton Beach, hereby proclaim the month of April 2012 in as: Paralyzed Veterans of America Awareness Month I encourage the citizens of Boynton Beach to honor our paralyzed veterans because they personify the highest ideals of service to county, sacrifice of self and perseverance in overcoming adversity. Their stories of hardship and triumph provide life-affirming lessons for all of us. I also encourage the people of Boynton Beach to observe and participate in the activities associated with PVA Awareness Month and reflect upon the sacrifices endured by our community’s veterans who are paralyzed. There are many local community service organizations, particularly those serving our youth that seek involvement in worthy projects, and PVA Awareness Month meets and surpasses that standard. In witness whereof , I have hereunto set my hand and caused the Seal of the City of Boynton rd Beach, Florida, to be affixed at Boynton Beach, Florida, the 3 day of April, Two Thousand and twelve. ________________________________ Woodrow Hay, Mayor ATTEST: City of Boynton Beach ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 8 of 207 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Proclaim the week of April 8 to April 14, 2012 as National EQUESTED CTION BY ITY OMMISSION Library Week with Tuesday, April 10 as National Library Workers Day. ER :In the mid-1950s, research showed that Americans were spending XPLANATION OF EQUEST less on books and more on radios, televisions and musical instruments. Concerned that Americans were reading less, the American Library Association (ALA) and the American Book Publishers formed an organization to encourage people to read in their increasing leisure time, improve incomes and health and develop a strong and happy family life. In 1957, the committee developed a plan for National Library Week based on the idea that once people were motivated to read, they would support and use libraries. With the cooperation of ALA and with help from the Advertising Council, the first National Library Week was observed in 1958 and has continued through the years. H? The Proclamation will promote public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of all the Library’s services and increase its customer patronage. FI: Greater Library use could stimulate customers to shop or eat at local ISCAL MPACT businesses. A: Not allow the Proclamation. LTERNATIVES 9 of 207 P ROCLAMATION WHEREAS , libraries provide free access to all – from books and online resources for families to library business centers that help support entrepreneurship and retraining; WHEREAS , our nation’s school, academic, public and special libraries make a difference in the lives of millions of Americans today, more than ever; WHEREAS , librarians are trained professionals, helping people of all ages and backgrounds find and interpret the information they need to live, learn and work in a challenging economy; WHEREAS , libraries are helping level the playing field for job seekers, with 88% of public libraries providing access to job databases and other online resources; WHEREAS , libraries are places of opportunity providing programs that teach all forms of literacy, promoting continuing education and encouraging lifelong learning; WHEREAS, in times of economic hardship, Americans turn to – and depend on – their libraries and librarians; WHEREAS , libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE , be it resolved that I, Woodrow Hay, Mayor of the City of Boynton Beach, ththth proclaim National Library Week, April 8 to the 14, 2012, and Tuesday, April 10 as National Library Workers Day. I encourage all residents to visit the library this week to take advantage of the wonderful library resources available @ your library. IN WITNESS WHEREOF , I have hereunto set my hand and caused the official seal of the City rd of Boynton Beach, Florida, to be affixed to this proclamation on the 3day of April, Two Thousand Twelve. ________________________________ Woodrow L. Hay, Mayor ATTEST: _________________________ City Clerk (Corporate Seal) 10 of 207 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of the Movies on the Ave. film for April 6, EQUESTED CTION BY ITY OMMISSION 2012 ER: Friday, April 6, 2012 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST WE BOUGHT A ZOO PG- Boynton Beach will present a Movies on the Ave film screening, featuring 13 starring Matt Damon. This FREE event will begin at 8:00 at the Ocean Avenue Amphitheatre PM next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Gourmet Food GTE) Trucks (will be on-site for your dining pleasure. Please bring your folding chairs or blankets. Parking onsite, no pets or outside food and drinks, please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 11 of 207 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of the Downtown Open Market on EQUESTED CTION BY ITY OMMISSION Sunday, April 15, 2012 ER: Sunday, April 15, 2012 On , the Boynton Beach CRA will present the XPLANATION OF EQUEST Downtown Open Market at the Civic Center and the surrounding outdoor area. This FREE event will take place from 11:00PM to 4:00PM. and features handmade indie crafts, vintage goods, art and specialty pet items. Live music will be provided by Cricklewood and to add a little more excitement Gourmet Food Trucks will be on-site providing the food and drinks. There is ample FREE parking onsite. No pets or outside food or beverage please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 12 of 207 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of Sunday Funday on Sunday, May 6, EQUESTED CTION BY ITY OMMISSION 2012 ER: Sunday, May 6, 2012 On , the Boynton Beach CRA will present Sunday XPLANATION OF EQUEST Funday at the Boynton Harbor Marina. The event will feature a fishing clinic, giant slide, typhoon obstacle course, face painter, games and a fishing lure crafter. This FREE event will take place from 1:00 to 4:00. Adults can enjoy live music and food and drinks provided by Two Georges Waterfront PM Grille. There is ample parking onsite, in the parking garage and at the NE corner of N. Federal Hwy. and Ocean Avenue. No pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in CRA line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 13 of 207 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of the Ocean Avenue Concert for Friday, EQUESTED CTION BY ITY OMMISSION April 20, 2012 ER: Friday, April 20, 2012 On , the Boynton Beach CRA will present an XPLANATION OF EQUEST The RipTide Band. Ocean Avenue Concert, featuring the music of This FREE concert will take place from 6:00 to 9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s PM PM Museum on Ocean Avenue just east of Seacrest. Gourmet Food Trucks and Drinks will be on site for your dining pleasure. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets or outside food and drinks, please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 14 of 207 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of the Movies on the Ave. film for May 4, EQUESTED CTION BY ITY OMMISSION 2012. ER: Friday, May 4, 2012 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST HUGO - PG-13. Boynton Beach will present a Movies on the Ave film screening, featuring The film recently received five Oscar’s. This FREE event will begin at 8:00 at the Ocean Avenue PM Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. GTE) Gourmet Food Trucks (will be on-site for your dining pleasure. Please bring your folding chairs or blankets. Parking onsite, no pets or outside food and drinks, please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 15 of 207 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of the Ocean Avenue Concert for Friday, EQUESTED CTION BY ITY OMMISSION May 18, 2012 ER: Friday, May 18, 2012 On , the Boynton Beach CRA will present an XPLANATION OF EQUEST The CP+3 Band. Ocean Avenue Concert, featuring the R & B music of This FREE concert will take place from 6:00 to 9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s PM PM Museum on Ocean Avenue just east of Seacrest. Gourmet Food Trucks and Drinks will be on site for your dining pleasure. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets or outside food and drinks, please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 16 of 207 3. I ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 by members of the City of Boynton Beach EQUESTED CTION BY ITY OMMISSION Sister Cities regarding the Boynton Beach delegation's recent trip to Les Cayes, Haiti ER: The municipal delegation from Boynton Beach, FL, made the trip to XPLANATION OF EQUEST Les Cayes, Haiti on February 10, 2012 as part of the Sister Cities agreement. The group initiated discussions for collaboration between the two cities on several topics including water treatment and waste management. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow presentation. LTERNATIVES 17 of 207 18 of 207 3. J ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Announcement of Community Improvement Public EQUESTED CTION BY ITY OMMISSION meeting for Community Development Block Grant 1 year Action Plan and 5 year Consolidated Plan. The Community Improvement Division will hold a special ER: XPLANATION OF EQUEST meeting for the residents of the City of Boynton Beach as part of the planning process for Fiscal Year 2012/2013 to receive input from the Community concerning housing and needs to be considered for the non-housing community development preparation of the City’s One (1) Year Action and Five [5] Year Consolidated Plans and program application for submission to the U.S. Department of Housing and Urban Development. This special meeting will be held . in the Thursday, April 12, 2012, at 5:00 p.m th Commission Chambers of City Hall, 100 E. Boynton Beach Blvd. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 19 of 207 5. A ADMINISTRATIVE April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 20 of 207 21 of 207 22 of 207 23 of 207 24 of 207 25 of 207 5. B ADMINISTRATIVE April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 the appointment of Richard Wise to the EQUESTED CTION BY ITY OMMISSION Community Relations Board as an alternate and possible appointment of Richard Wise to the Code Compliance Board ER: Richard Wise submitted an application on October 3, 2011 and XPLANATION OF EQUEST was appointed to the Community Relations Board as an alternate member on December 6, 2011. On February 16, 2012 Mr. Wise submitted an application to serve on the Code Compliance Board. The advisory board application includes the question, “Have you ever been convicted of a crime?” Mr. Wise responded he had not been convicted of a crime on both the applications for the Community Relations Board and the Code Compliance Board. The signature portion of the application reads as follows: “I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board.” Information received in the City Clerk’s office on March 6, 2012 indicated Mr. Wise had been convicted of a crime in Maryland District Court, October 8, 1984, paid a fine, costs and restitution. A police report from the Boynton Beach Police Department indicates Mr. Wise was involved in an incident with Richard Yerzy, a regular member of the Code Compliance Board since December, 2008; however, no charges were filed. Mr. Wise was contacted by phone and advised of the discrepancy and requested he be allowed to appear and offer an explanation. 26 of 207 H? If it is determined Mr. Wise cannot serve OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES on any board, the Community Relations Board would only have one alternate member. The Code Compliance would continue to operate with no alternates. FI: N/A ISCAL MPACT A: LTERNATIVES 1) Allow Mr. Wise to continue as an alternate on the Community Relations Board 2) Remove Mr. Wise from the Community Relations Board 3) Disqualify Mr. Wise as an applicant for the Code Compliance Board 4) Appoint Mr. Wise as alternate on the Code Compliance Board 27 of 207 28 of 207 29 of 207 30 of 207 31 of 207 32 of 207 33 of 207 34 of 207 35 of 207 36 of 207 37 of 207 6. A CONSENT AGENDA April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2011-12 Budget Status Report of the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Revenue Fund for the five (5) month period ended February 29, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. ER: This report summarizes the estimated funding sources and the XPLANATION OF EQUEST adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund (the two major funds of the City) for the five (5) month period ended February 29, 2012 (42% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what provides and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and the Utility ISCAL MPACT Revenue Fund follow. 38 of 207 GENERAL FUND FY 2011-12FY 2010-11FY 2012 vs. 2011 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 65,142$ 38,23859%$ 68,551$ 38,976 57%-5%-2% Expenditures$ (65,142)$ (31,031)48%$ (68,551)$ (28,340)41%-5%9% Excess (Deficit)$ -$ 7,207$ -$ 10,636 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 and Fund balance appropriation 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 $0.8 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 $38.2 M or 59% of the budget estimate compared to $38.9 M or 57% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $22.6 M (86% of the budget estimate) have been received to date versus $22.0 M (86% of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: 1. Franchise Fees with $1.9 M or 43% actually collected in FY 2012 compared to$1.9 M or 39% 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 85% 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 $2.6 M or 41% collected in FY 2012 which is slightly ahead of FY 2011 in dollars collected, but behind the 43% of the total budget estimate for FY 2011. Once again, it remains to be seen if all State shared revenues will be collected. 4. Public Safety revenues reflecting $1.7 M or 43% collected in FY 2012 which is 39 of 207 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 (budgeted) 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 $31.0 M that is 48% of the $65.1 M expenditure appropriation for FY 2012. At 48%, we are ahead of last year’s spending levels of $28.3 M or 41% 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. Even Police and Fire that show 52% and 50% expended, respectively, is due to their large pension payments ($3.6 M for Police and $3.1 M for Fire) made at the beginning of the year. UTILITY REVENUE FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Actual to DateActual to Date Annual Annual BudgetActual BudgetBudget %% Amount%Amount% Revenues$ 39,077$ 16,22942%$ 36,309$ 15,95944%8%2% Revenue Fund Increase$ (6,860)$ (2,858)42%$ (4,342)$ (1,809)42%58%58% Net Revenues$ 32,217$ 13,37142%$ 31,967$ 14,15044%1%-6% Expenditures$ (32,217)$ (13,077)41%$ (31,967)$ (13,209)41%1%-1% Operational Variance$ -$ 294$ -$ 941 With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond issue of $45.895 million, 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 ahead of our plan by $294 K versus last year’s amount of $941 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) – Actual revenues to date of $13.3 M and the planned fund balance increase of $2.8 M vary slightly in FY 2012 compared to the $14.1 M to date in FY 2011, because of two factors: 40 of 207  Water Sales - $7.4 M equivalent to 40% of the annual estimate, compared to $7.4 M (44%) at this point in FY 2011.  Sewer Service - $6.8 M equivalent to 41% of the annual estimate, compared to $6.6 M (43%) 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 $13.0 M or 41% of the annual appropriation compared to expenditures of $13.2 M or 41% for the prior fiscal year. We are slightly behind last year’s spending levels considering 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. 41 of 207 42 of 207 43 of 207 44 of 207 45 of 207 6. B CONSENT AGENDA April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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. R12-026 - Approve the EQUESTED CTION BY ITY OMMISSION reinstatement of the Interlocal Agreement between the Board of County Commissioners, Palm Beach County, Florida and the City in its entirety, extending the term of the original agreement to September 30, 2012, and increasing funding received by $20,000 from $71,352 to $91,352 for personnel and/or youth interest-based programming, authorizing the Interim City Manager to execute agreements associated with this reinstatement ER: The Palm Beach County Criminal Justice Commission (CJC) was XPLANATION OF EQUEST awarded a $324,901 Youth Gang Prevention and Intervention Grant in 2010, through the U.S. Department of Justice for an eighteen month period to enhance the County’s existing community–based comprehensive anti-gang strategy. The City entered into an interlocal agreement with the Palm Beach County Criminal Justice Commission (CJC) to provide $71,352 in grant funding for the Boynton Beach Youth Empowerment Center from October 2010 through March 31, 2012 (R10-159). The direct service to the youth was delayed approximately six months; due to the length of time it took for the U.S. Department of Justice and County to execute their agreement. The County requested a six month time extension to continue service to the targeted youth for a full 18-month period. The U.S. Department of Justice approved their request. H? The targeted population is youth at-risk of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES gang activity, delinquency, and violence residing in hotspot areas as identified by law enforcement, courts, school personnel or parents. The goal is to reduce delinquency and gang activity. The time extension of six months, will allow the program to run through the summer months when the youth are out of school and in most need of structured programs, case management and intervention. The Boynton Beach YEC offers youth the opportunity for job 46 of 207 mentoring and employment readiness skills, life skills, and opportunities to participate in group activities with positive role models and peers. FI: Funding shall be increased an additional amount of $20,000 from $71,352 up ISCAL MPACT to $91,352 for personnel and/or youth interest-based programming. A: Not approve the reinstatement and end the grant funded aspects of the Youth LTERNATIVES Empowerment Center Program, i.e., formal case management, contractual services and programs that directly benefit the youth. 47 of 207 RESOLUTION R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE REINSTATEMENT OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY TO RECEIVE FUNDING TO SUPPORT THE YOUTH EMPOWERMENT CENTER; EXTENDING THE TERM TO SEPTEMBER 30, 2012; INCREASING FUNDING RECEIVED FROM $71,352 TO $91,352; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THIS REINSTATEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2010, the Palm Beach County Criminal Justice Commission was awarded a $324,901 Youth Gang Prevention and Intervention Grant through the U.S. Department of Justice for an eighteen month period to enhance the County’s existing community-based comprehensive anti-gang strategy; and WHEREAS , due to the length of time it took for the U.S. Department of Justice and County to execute their agreement, the direct service to the youth was delayed approximately six (6) months; and WHEREAS, the County requested a six month time extension to continueservice to the targeted youth for a full 18 month period which was approved by the US Department of Justice; 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 the reinstatement of the Interlocal Agreement with Palm Beach County to receive funding to support the Youth Empowerment Center, approve the extension of the term of the agreement to September 20, 2012 and to increase the funding received to $91,352. 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 does hereby approve the reinstatement of the Interlocal Agreement with Palm Beach County to receive funding to support the Youth Empowerment Center, a 48 of 207 copy of the Interlocal Agreement is attached hereto as Exhibit “A”. Section 3. The City Commission hereby approves the extension of the term of the Agreement to September 30, 2012 and approves an increase in funding to $91,352. Section 4. The Interim City Manager is authorized to execute the necessary agreements associated with this reinstatement. Section 5. That this Resolution shall become effective immediately upon passage. 49 of 207 PASSED AND ADOPTED this _____ day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Woodrow L. Hay _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Mack McCray _____________________________ Commissioner – Steven Holzman _____________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 50 of 207 THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF RIVIERA BOYNTON BEACH, FLORIDA REINSTATING THE TERMS OF THE INTERLOCAL AGREEMENT (R2011-0324) This Third Amendment is made the first day of April 2011 to the Interlocal Agreement dated _______________ reinstates the Interlocal Agreement of of April 6, 2010March 1, 2011, R2011-0324 (Original Agreement) R2010-0530 by and between between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as the COUNTY), and the City of Riviera BeachCity of Boynton Beach, a municipality located in Palm Beach County, Florida (herein referred to as the CITY), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. W I T N E S S E T H: WHEREAS , Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS , Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into Interlocal Agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS , The Criminal Justice Commission, upon direction from the Board of County Commissioners, continues the development of a Youth Violence Prevention Project which addresses the increase in violent firearms crimes; and WHEREAS, CJC received a grant award of $324,901 from the Department of Justice for an eighteen month period to enhance the county’s existing community-based, comprehensive anti-gang strategy and the grant was extended an additional six (6) months to September 30, 2012; and t he Criminal Justice Commissionhas recommended the use of Federal Edward Byrne Memorial Justice Assistance Grant funds to support the partnership by providing funds for the CITY to participate; and WHEREAS, the COUNTY agreed to reimburse the CITY for expenses from the Department of Justice grantfor expenses, up to the amount of up to the amount of $71,352 from October 1, 2010 through March 31, 2012 for the Youth Violence Prevention $426,512 from October 1, 2009 through March 31, 2011 for the Youth Violence Prevention Project; and WHEREAS, the CITY did not expend all funds prior to the expiration of the Original Agreement; and WHEREAS, the parties mutuallydesire to to reinstate the terms of the Original Agreement, extend the date to September 30, 2012, and add an additional $20,000 for youth empowerment center personnel and/or youth interest-based programs for a total of up to $91,352. extend the Interlocal Agreement until September 30, 2011 and add an additional $44,000 for youth empowerment center program expenses as approved by the Florida Department of Law Enforcement for a total of up to $470,512. 51 of 207 NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ) 1. The Original Agreement (R2011-0324is reinstated in its entirety; and 2. The Term of the Original Interlocal Agreement is amended to provide that the Interlocal Agreement shall continue be extended until September 30, 20121; and 3. The amount of Ffunding shall be increased an additional amount of $4420,000 (Forty-Four Thousand Dollars) from $426,51271,352 (Four-Hundred Twenty-Six Thousand, Five- Hundred and Twelve Dollars) to up to $470,51291,352 (Four Hundred Seventy Thousand, Five Hundred and Twelve Dollars) for personnel and/or youth interest-based programming., contractual services, and program supplies as approved by the Florida Department of Law Enforcement. The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. All other provisions of said Original Agreement are hereby confirmed, and except as provided herein, are not otherwise altered or amended and shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 52 of 207 In accordance with Palm Beach County Code, Chapter 2, Article III, Section 2.51, this Third AgreementAmendment shall not take effect until executed by the CITY and the COUNTY. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Sharon R. Bock, Clerk and Comptroller By:________________________ By:___________________________ Deputy Clerk Shelley Vana, ChairKaren T. Marcus, Chair (SEAL) CITY: Riviera Boynton Beach, FL By: ________________________________ Lori LaVerriere, Interim City Manager Thomas A. Masters, Mayor APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY AND CONDITIONS By:_________________________ By:________________________ County Attorney Michael L. Rodriguez, Executive Director Criminal Justice Commission 53 of 207 6. C CONSENT AGENDA April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 March 20, 2012 The City Commission met on March 20, 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 54 of 207 55 of 207 56 of 207 57 of 207 58 of 207 59 of 207 60 of 207 61 of 207 62 of 207 63 of 207 64 of 207 65 of 207 66 of 207 67 of 207 68 of 207 69 of 207 70 of 207 71 of 207 72 of 207 73 of 207 74 of 207 75 of 207 76 of 207 6. D CONSENT AGENDA April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 Boyd Boggess, a regular EQUESTED CTION BY ITY OMMISSION member of the Building Board of Adjustment and Appeals ER: Boyd Boggess has submitted his resignation as a regular member XPLANATION OF EQUEST of the Building Board of Adjustment and Appeals as indicated in the attachment to his email. H? The Building Board of Adjustment and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Appeals will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 77 of 207 78 of 207 6. E CONSENT AGENDA April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 Matthew Barnes, a regular EQUESTED CTION BY ITY OMMISSION member of the Planning and Development Board ER: Matthew Barnes has submitted his resignation as a regular XPLANATION OF EQUEST member of the Planning and Development Board because he has relocated outside the City. H? The Planning and Development Board will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 79 of 207 80 of 207 81 of 207 9. A PUBLIC HEARING April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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. 12-006 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City-owned/operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. (TABLED ON MARCH 20, 2012) ER: The proposed Code amendments would amend the land XPLANATION OF EQUEST development regulations in three (3) different ways. The first component to this code amendment is to change the Use Matrix in the zoning Code to allow primary/secondary schools on properties zoned Planned Unit Development (PUD). Allowing schools in the PUD district is specifically promoted by Comprehensive Plan Policy 10.B.1.5, which addresses intergovernmental coordination and requires provisions for schools in “all urban residential land use categories.” Although only one (1) school has been constructed in a Planned Unit Development within the City, schools, churches, and other institutional (public assembly) uses are certainly appropriate within such planned environments to promote connectivity between symbiotic land uses. With respect to the City’s economic development initiatives and the current attention on not-for-profit uses, the location of such uses in residential zoning districts is generally more preferable than on lands zoned and intended for potentially more valuable land uses such as commercial or industrial. The second component to this code amendment is to change the Use Matrix in the zoning code to formally recognize and allow commercial activities as allowable accessory uses in connection with city parks. Allowing certain accessory commercial uses within the city parks 82 of 207 would provide additional services, recreational opportunities, and convenience to park visitors, as well as potentially providing additional revenue to the City. Finally, staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments (approved pursuant to Ordinance 11-023). This is being done in an effort to make it more clear and user-friendly. Staff believes the proposed language would help to further distinguish and clarify the differences (in restrictions) applicable to those establishments in the C-4 zoning district compared to those in the M-1 zoning district. The proposed amendment would not change the intent of the original ordinance. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject Code amendment or approve with changes. LTERNATIVES S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 12-002 PUD and REC\Agenda Cover Sheet - 032012 - Public Hearing & First Reading.doc 83 of 207 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, USE REGULATIONS, SECTIONS 3D AND 3E TO ALLOW SCHOOLS IN THE PUD ZONING DISTRICT, ALLOW COMMERCIAL ACTIVITIES IN CITY PARKS ZONED REC AND MODIFY THE RESTRICTIONS ASSOCIATED WITH BEVERAGE AND FOOD MANUFACTURING ESTABLISHMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendments to the Land Development Regulations (LDR) to allow elementary, middle and high schools in the Planned Unit Development (PUD) zoning district; and WHEREAS , staff is proposing amendments to the LDR to change the use matrix to formally recognize and allow commercial activities as allowable accessory uses in connection with City parks which would provide additional services, recreational opportunities and convenience to park visitors as well as potentially providing additional revenue to the City; and WHEREAS , staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments in an effort to make it more clear and user-friendly; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to allow schools in the PUD zoning district, allow commercial activities in City parks zoned REC and modify the restrictions associated with beverage and food manufacturing establishments. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 3, Article IV, Sections 3D and 3E of the Land Development Regulations, are hereby amended by adding the words and figures in underlined type, as follows: 84 of 207 See attached. Section 3. Chapter 3, Article IV, Use Provisions of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Part III (LDR), Chapter 3, Article IV, Section 3E. 4.General Note. a. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room and retail showroom) to the operation. The size of the tasting room / retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. b. M-1 district. (1) These establishments may include an accessory commercial component (i.e., tasting room and retail showroom). If located on an arterial roadway, a commercial component shall be required. The tasting room, retail showroom, and facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. Additionally, the size of the tasting area shall not exceed the following: (1) An accessory commercial component (i.e., tasting room and retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. Where optional or required, the tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the tasting area shall be as follows: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) The establishment is ineligible for a live entertainment permit. 15. General Note. a. REC district. The proposed use is allowed as an accessory use to a City-owned and operated park facility. 85 of 207 16. Ocean Avenue Overlay Zone (OAOZ). 15. a… b… c… 1 Prohibited on the ground level of buildings that front on Ocean Avenue. 2. When proposed in this zoning district, the subject use shall only be allowed on property located within the OAOZ or as otherwise allowed by these land development regulations. 3 Only allowed as an accessory use to an AC located in the OAOZ or as RTS AMPUS otherwise allowed by these land development regulations. 4 Community facilities, other than public parking, shall be restricted to the area of Ocean st Avenue between Seacrest Boulevard and Northeast 1 Street. 39. Mobile Vending Unit (MVU). 38. a. C-2 district, C-3 district, C-4 district, CBD district, PCD district, and all “Mixed Use” districts, and REC district. See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. 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. 86 of 207 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 – Mack McCray ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) Part III (LDR), Chapter 3, Article IV, Section 3.D P = Permitted Residential Commercial Mixed-Use Indus Misc C = Conditional NOTES * A = Accessory X = Prohibited AA √√√ L1L2L3 H IPUD A MHPSMU PID AAB * (see Legend) CBD PUD PCD----REC --- 1 MUMUMUMU 1111231234 √ PU (see Legend) - ---------- M RRRRRR CCCC √√ (see Legend) COMMERCIAL Retail Sales 15 Mobile Vending PPPPPPPPPPA 38 Unit (MVU) * * * * * * * * * * * 39 2 Novelty, Gift, PPPP PPPAA6 Souvenir, & P P P P * * * * * * * * * 15 Miscellaneous 16 3 6 PAPPP PPPPP PPPAA15 Restaurant * * * * * * * * * * * * * * * 16 43 44 87 of 207 1 3 Restaurant, Take-PPPP PPPPPPPPA 6 out * * * * * * * * * * * * * 15 42 43 COMMERCIAL Services 15 Mobile Vending PPPPPPPPPPA 38 Unit (MVU) * * * * * * * * * * * 39 ARTS, ENTERTAINMENT & RECREATIONAL 2 7 10 Entertainment, PPPPPPPA P P P P 12 Indoor * * * * * * * * 15 68 69 Rentals, 7 Recreational 10 PPPPPA (bicycles, canoes, P P P P 15 * * * * * * personal 72 watercraft) 73 EDUCATIONAL 16 School, Primary CCCCP17 C C P P and Secondary * * * * * 76 77 88 of 207 89 of 207 90 of 207 91 of 207 92 of 207 93 of 207 94 of 207 95 of 207 96 of 207 9. B PUBLIC HEARING April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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. 12-004 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi-family rental units. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (TABLED ON MARCH 20, 2012) ER: This is a rezoning request for a new master plan by Gulfstream XPLANATION OF EQUEST Gardens Phase II, LLC for the currently undeveloped 7.4 acres extending between South Federal Highway and Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller Road. The subject property was approved in 2006 for Palm Cove PUD, however in 2009 the master plan and site plan development orders expired. In 2011, the subject property was purchased by the owners of the nearby Gulfstream Gardens project (now known as Seabourn Cove Phase I) which is currently under construction. As part of the requested rezoning, a new master plan proposes a total of 148 multi-family dwelling units at the maximum density of 20 dwelling units per acre within 14, three-story buildings with associated recreational amenities and parking. The proposed rental apartments and townhomes will be in buildings of the same type and design as Seabourn Cove Phase I. In addition to a new master plan, a new site plan (NWSP 12-001) is also requested, concurrent with the rezoning request. The subject property’s Special High Density Residential (SHDR) future land use classification (which corresponds with the PUD zoning district) remains unchanged. Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on February 28, 2012 and forwards it with the recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 97 of 207 FI: ISCAL MPACT Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units, with the option of converting to condominiums in the future. The projected annual tax revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of $13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total projected amount of $104,829. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Deny subject request, and maintain existing PUD zoning with expired master LTERNATIVES plan and site plan development orders on the undeveloped property located in a redevelopment area. 98 of 207 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 06-006 TO ADD REFERENCE TO AND APPROVAL OF A REVISED MASTER PLAN FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, EAST OF OLD DIXIE HIGHWAY AT MILLER ROAD, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the property which is the subject of this amendment was rezonedto Planned Unit Development (PUD) in January, 2006 via Ordinance 06-006; and WHEREAS, the Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Planned Unit Development (PUD) district; and WHEREAS , the Master Plan proposes a multi-family residential development with a total of 148 units at the maximum density of 20 dwelling units per acre; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Ordinance as hereinafter set forth. 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 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach here amends Section 2 of Ordinance 06-006 as follows: The following described land located approximately one-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway in the City of Boynton Beach, Florida, as set forth as follows: See Legal Description Attached hereto as Exhibit “A”. 99 of 207 be and the same is hereby rezoned from Community Commercial (C-3), General Commercial (C-4) City and Residential (RM) and General Commercial (CG) Palm Beach County to Planned Unit Development (PUD) . A location map is attached hereto as Exhibit “B” and made a part of this Ordinance by reference. The revised Master Plan is attached hereto as Exhibit “C”. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. This ordinance shall become effective immediately upon passage. 100 of 207 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 – Mack McCray ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 101 of 207 LEGAL DESCRIPTION FOR SEABOURN COVE PHASE II PARCEL 1 (PCN: 08434604170000370 AND 08434604170000380) LOTS 37, 38 AND 58, OF AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 104, PAGE 35, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2 (PCN: 08434604170000590) THAT PART OF LOT 59, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LYING WEST OF THE RIGHT-OF-WAY OF STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS CONVEYED TO PALM BEACH COUNTY, BY A DEED RECORDED IN OFFFICIAL RECORDS BOOK 124, PAGE 638, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 3 (PCN: 0843460411000150) LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT A PARCEL OF LAND IN LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID LOT 15, RUN WESTERLY ALONG THE SOUTH LINE OF SAID LOT 15 FOR 3.0 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 11,409.2 FEET; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE ARC OF SAID CURVE FOR 198.15 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE RUN EASTERLY ALONG SAID NORTH LINE FOR 8.87 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE RUN SOUTHERLY ALONG THE EAST LINE OF SAID LOT 15 FOR 200 FEET TO THE SOUTHEAST CORNER OF SAID LOT. PARCEL 4 (PCN: 08434604110000060) ALL OF LOT 6 AND THE WEST ½ OF LOT 7, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 5 (PCN: 08434604110000071) THE EAST HALF OF LOT 7 AND ALL OF LOT 8, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 6 (PCN: 08434604110000120) LOT 12 AND THE WEST ½ OF LOT 13, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 7 (PCN: 08434604110000131) 102 of 207 THE EAST ½ OF LOT 13, AND ALL OF LOT 14, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 8 (PCN: 08434604110000171) THE WEST ½ OF LOT 17, ALL OF LOT 18, AND THE EAST ½ OF LOT 19, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 9 (PCN: 08434604110000101) THE EAST ½ OF LOT 10 AND ALL OF LOT 11, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 10 (PCN: 08434604110000160) LOT 16 AND THE EAST ½ OF LOT 17, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 11 (PCN: 08434604110000191 AND 08434604110000210) THE WEST ½ OF LOT 19 AND LOTS 20 THROUGH 29, INCLUSIVE, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 12 (PCN: 08434604110000090) LOT 9 AND THE WEST 1/2 OF LOT 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A/K/A LOT 9 AND THE WEST ½ OF LOT 10, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 13 (NO PCN) THAT PORTION OF MILLER ROAD, AS VACATED AND ABANDONED BY ORDINANCE NO. 07-007, AS RECORDED IN OFFICIAL RECORDS BOOK 19827, PAGE 1793, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF RIGHT-OF-WAY OF MILLER ROAD, AS SHOWN ON THE PLAT OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK; 103 of 207 THENCE EAST ALONG THE NORTH RIGHT-OF-OF WAY LINE OF SAID MILLER ROAD, A DISTANCE OF 450.00 FEET; THENCE SOUTH 08°33'15" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF 30.34 FEET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF 445.49 FEET; THENCE NORTH, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 322,489 SQUARE FEET (7.40 ACRES), MORE OR LESS. 104 of 207 105 of 207 106 of 207 107 of 207 108 of 207 109 of 207 110 of 207 111 of 207 112 of 207 9. C PUBLIC HEARING April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 Seabourn Cove Phase II new site plan (NWSP EQUESTED CTION BY ITY OMMISSION 12-001) for multi-family residential (rental apartments and townhomes) consisting of 148 dwelling units within 14, three-story buildings and associated recreational amenities and parking within a master planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (TABLED ON MARCH 20, 2012) ER: This is a request for a new site plan by Gulfstream Gardens Phase XPLANATION OF EQUEST II, LLC for the currently undeveloped 7.4 acres extending between South Federal Highway and Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller Road. A concurrent request for rezoning (REZN 12-001), including a new master plan, accompanies the request for new site plan. The subject property was approved in 2006 for Palm Cove PUD, however in 2009 the master plan and site plan development orders expired. In 2011, the subject property was purchased by the owners of the nearby Gulfstream Gardens project (now known as Seabourn Cove Phase I) which is currently under construction. The new master plan and new site plan propose a total of 148 multi-family dwelling units at the maximum density of 20 dwelling units per acre within 14, three-story buildings with associated recreational amenities and parking. The proposed rental apartments and townhomes will be in buildings of the same type and design as Seabourn Cove Phase I. Similar to the first Gulfstream Gardens project, a developers agreement is again being prepared by the developer and will be scheduled for consideration at a subsequent City Commission meeting. The agreement is very similar to the agreement approved for Gulfstream Gardens and is intended to address aspects of the project such as infrastructure design and ownership, fee rates and exemptions, inspections, and project completion deadlines. 113 of 207 Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on February 28, 2012 and forwards it with the recommendation of approval, subject to staff’s recommended conditions. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units, with the option of converting to condominiums in the future. The projected annual tax revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of $13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total projected amount of $104,829. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Action taken should be consistent with ultimate action to be taken on the LTERNATIVES corresponding, proposed master plan. If the rezoning and new master plan is approved, the corresponding site plan should be approved, or approved with changes consistent with the approved master plan. 114 of 207 115 of 207 116 of 207 117 of 207 118 of 207 119 of 207 120 of 207 121 of 207 122 of 207 123 of 207 124 of 207 125 of 207 126 of 207 127 of 207 128 of 207 129 of 207 130 of 207 131 of 207 132 of 207 EXHIBIT “D” CONDITIONS OF APPROVAL Project Name: Seabourn Cove Phase II File Number: NWSP 12-001 Reference: 2ndreview plans identified as a New Site Plan with a January 31, 2012 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDREJECT E ENGINEERING DIVISION Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting). FIRE Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting). POLICE Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting). BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure √ that additional comments may not be generated by the commission and at permit review. 2. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 √ (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 4. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All √ 133 of 207 DEPARTMENTS INCLUDREJECT E bathrooms within the covered dwelling unit shall comply. 5. To properly determine the impact fees that will be assessed for the 1-story pool/clubhouse/recreation building/lease office, provide the following: a. Will the pool/clubhouse/recreation building/lease office be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building/lease office? c. Will there be any additional deliveries to the site? √ d. Will there be any additional employees to maintain and provide service to the site? e. Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building/lease office. 6. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where √ other sources are readily available. 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 source. A copy of the permit shall be submitted at the time of √ permit application, F.S. 373.216. 8. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s √ must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 9. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: √ a. A legal description of the land. b. The full name of the project as it appears on the 134 of 207 DEPARTMENTS INCLUDREJECT E Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 10. 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 approval √ as listed in the development order and approved by the City Commission. 11. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, √ 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard 561-734-0872) RECREATION AND PARKS 12. Park Impact Fee - 148 Multi-family units (buildings containing 5 or more units) @ $595.00/unit = $88,060. √ FORESTER/ENVIRONMENTALIST 13. The irrigation plan design must follow the Florida Friendly - Waterwise principles. √ 14. Revise sheet L-8: Existing brick pavers in the area between the sidewalk and curb are the responsibility of the City of Boynton Beach for maintenance and repair. Any damage to these existing √ brick pavers during construction of the project shall require replacement by the applicant. PLANNING AND ZONING 15. If not exempt from the Art in Public Places requirement, demonstrate participation by submitting the completed application to the Public Arts Administrator, and at time of permit, revise site √ plan and landscape plan to indicate location of required public art (near Federal Highway). 135 of 207 DEPARTMENTS INCLUDREJECT E 16. A unity of title is required prior to the issuance of a permit for vertical construction for this project. The Building Division will require the recorded document as part of the building permit √ application submittal. 17. A letter of approval from Palm Beach County Traffic Engineering Division for traffic concurrency based on the submitted traffic statement will be required prior to issuing any permit for vertical √ construction for this project. 18. Submit a recorded copy of the revised Developer’s Agreement for this site to Planning & Zoning when the agreement is fully √ executed. 19. Prior to issuance of building permits for the construction of the buildings a no objection letter from all utility providers shall be submitted for the existing platted and recorded 3 foot public utility easement extending from the west property line to the east property line through the middle of the subject property. The √ easement shall be officially abandoned and recorded into public record prior to issuance of the certificate of occupancy for the first constructed building. 20. At time of permitting, revise photometrics plan to comply with Chapter 4, Article VII. Section 4.C. (Maximum Footcandle and √ Illumination Levels) of the LDR. 21. At time of permitting, add the following notes to the photometrics plan: The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot √ readings below one (1) foot candle and none below ½ foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 22. At time of permitting, revise site plan tabular data on sheet SP-1 for proposed building height, and total building square footage to match drawings. Also revise table on sheet SP-1 for Building Type √ Area Breakdown to match revised square footage of floor plans. 23. At time of permitting, revise site plan and landscape plan to dimension width of perimeter buffers and label as such. √ 24. At time of permitting, revise plans to include an irrigation plan. √ 136 of 207 DEPARTMENTS INCLUDREJECT E 25. At time of permitting, revise the site plan to include the following note: If rental units are converted in the future to condominiums, a condominium association shall be required to be established and the condominium documents will specifically prohibit individual √ pools, additions, or modifications to the patios, porches, or balconies. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Ph II\NWSP 12-001\COA.doc 137 of 207 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seabourn Cove PUD Phase II (NWSP 12-001) APPLICANT’S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. AGENT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2012 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 148 multi-family rental units and associated recreational amenities and parking areas on 7.4 acres zoned PUD. LOCATION OF PROPERTY: West of Federal Highway, East of Old Dixie Highway, in the vicinity of Miller Road DRAWING(S): SEE EXHIBIT “C” 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 “D” 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 138 of 207 S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Ph II (formerly Palm Cove PUD)\NWSP 12-001\STAFF REPORT\DO.doc 139 of 207 9. D PUBLIC HEARING April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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. R12-027 - Approve EQUESTED CTION BY ITY OMMISSION Land Development Agreement with Gulfstream Gardens LLC ER: The attached Land Development Agreement has been negotiated XPLANATION OF EQUEST as part of the site plan amendment for Phase II of the Seabourn Cove project. The proposed Land Development Agreement is modeled, in large part, after the Phase I Developer’s Agreement but addresses the particularities of Phase II. H? This agreement outlines terms and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES conditions above those contained in the Conditions of Approval for Seabourn Cove PUD Phase II Site plan submittal. Two key points of the agreement are: 1. The Developer will construct a private water and sewer system, similar to that approved in the Land Development Agreement on the Phase I site, and will be required at their expense, to complete the City-owned water main loop along Federal Highway. 2. The Developer will improve a 50’ wide area of right-of-way along the east side of Old Dixie Highway adjacent to the subject properties, (Phase I and II), extending from the southern most property line of Phase I continuous to the northern most property line of Phase II. Maintenance of the improvements will be the Developers responsibility in perpetuity. FI: None ISCAL MPACT A: Not approve the Land Development Agreement. LTERNATIVES 140 of 207 RESOLUTION NO. R12-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A LAND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM GARDENS, LLC., THAT OUTLINES TERMS AND CONDITIONS ABOVE THOSE CONTAINED IN THE CONDITIONS OF APPROVAL FOR SEABOURN COVE PUD PHASE II SITE PLAN SUBMITTAL; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LAND DEVELOPMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Land Development Agreement between the City and Gulfstream Gardens, LLC., outlines terms and conditions, including but not limited to, the Developer constructing a private water and sewer system similar to that approved in the Phase I Agreement and to improve a 50’ wide area of right-of-way along the east side of Old Dixie Highway adjacent to the subject properties; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of the Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC for Seabourn Cove Phase II. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the Mayor and City Clerk to execute the Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC., which outlines terms and conditions above those contained in the Conditions of Approval for Seabourn Cove PUD Phase II Site plan submittal, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. 141 of 207 PASSED AND ADOPTED this ______ day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Woodrow L. Hay ___________________________________ Vice Mayor – William Orlove ___________________________________ Commissioner – Mack McCray ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 142 of 207 143 of 207 144 of 207 145 of 207 146 of 207 147 of 207 148 of 207 149 of 207 150 of 207 151 of 207 152 of 207 153 of 207 10. A CITY MANAGER’S REPORT April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Review and discuss Bids received on three (3) parcels of EQUESTED CTION BY ITY OMMISSION City-owned Real Property. ER: On November 15, 2011 the City Commission directed staff to XPLANATION OF EQUEST obtain appraisals and follow the process outlined in Section 2-56(C) of the Municipal Code for the selling of the three (3) parcels. City Process to Sell Land The City has a defined process to sell land as outlined in Section 2-56(C) of the Municipal Code. This process is as follows: (c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the city commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold: 1. To the owner of adjacent developed property if the city property is to be used by the adjacent property owner as: A. Buffer; or B. For an extension of the use to which the adjacent property owner is using the adjacent property at the time of sale; or 2. To the highest bidder following a competitive bidding process as established by the city administration. 154 of 207 Procurement issued Invitation to Bid (ITB) #032-1211-12/TWH to accept bids on the following parcels of land. The ITB was advertised in the Palm Beach Post, posted on DemandStar, sent to Commercial Brokers in Palm Beach and Broward Counties and highlighted on the City website. Parcel #1 5.46 Acres High Ridge Road Parcel #2 3.62 Acres Leisureville Parcel #3 0.52 Acres 2240 S. Congress Avenue Bids were due on March 12, 2012 at 2:30pm, the results are as follows: Parcel #1 No Bids Parcel #2 One Bid Parcel #3 No Bids The only bid that was received was from Palm Beach Leisureville Community Association for Parcel #2 in the amount of $24,499.99. Also during this process, staff was able to have appraisals completed on the three (3) properties by the land consultant (HDR Engineering, Inc.) that the City has under contract in order to establish fair market value as approved by City Commission on November 15, 2011. The appraisals are dated January 18, 2012 and excerpts are attached (full appraisal reports are available in the City Clerk’s office). The results of the appraisals are as follows: Parcel #1 $2,854,000 Parcel #2 $ 362,000 Parcel #3 $ 126,300 H? City programs or services can be affected OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in the following way. If property is sold, the affected parcel(s) will no longer be available for City purposes. FI: If parcel is sold the City would realize unbudgeted revenue of $24,499.99 in ISCAL MPACT FY11/12. In subsequent fiscal years, the City would realize ad valorem taxes on this parcel as it would be changed from being governmental exempt to taxable. Palm Beach County has a 2011 market value of $217,200 on this parcel. At the City’s current millage rate of 7.1941 mills that would generate approximately $1,562 in ad valorem taxes. Staff needs to state that it is probable that any sale price less than what Palm Beach County has as a market value would likely be a basis for the new property owner to appeal the taxable value with Palm Beach County Property Appraiser’s office in the upcoming year making it difficult to state what amount of ad valorem taxes would be realized by the City. A: The City Commission has the option to: LTERNATIVES  Accept Bid on Parcel #2 and sell to bidder, this would require a four-fifths (4/5) of the Commission since the selling price would be less than fair market value.  Reject all Bids and re-issue Invitation to Bid (ITB) with any modifications the Commission would like to include.  Reject all Bids and maintain ownership of all three (3) parcels at this time. 155 of 207 156 of 207 157 of 207 158 of 207 159 of 207 160 of 207 161 of 207 162 of 207 163 of 207 164 of 207 165 of 207 166 of 207 167 of 207 168 of 207 169 of 207 170 of 207 171 of 207 172 of 207 173 of 207 174 of 207 175 of 207 176 of 207 177 of 207 178 of 207 179 of 207 180 of 207 181 of 207 182 of 207 183 of 207 184 of 207 185 of 207 11. A UNFINISHED BUSINESS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Not-for-Profit Notice of Intent / Moratorium Study- Staff EQUESTED CTION BY ITY OMMISSION update ER: At the request of Commissioner Ross, staff has prepared an XPLANATION OF EQUEST update report on the status of the Notice of Intent Study currently underway. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 186 of 207 187 of 207 188 of 207 12. A NEW BUSINESS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 regarding the purchase of land, development EQUESTED CTION BY ITY OMMISSION stst and maintenance for a new passive park located at SW 1 Ave and SW 1 St. at the request of Commissioner Holzman. ER: At the request of Commissioner Holzman, staff has done a very XPLANATION OF EQUEST preliminary cost analysis on the purchase of private land for the development of a park located in the Forest Park neighborhood. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The private parcels are: ISCAL MPACT Parcel #08434528100160010 2011 Market Value: $42,480 Owner: J. Somerville of Sequim, WA Parcel #08434528100160130 2011 Market Value: $37,440 Owner: J. Somerville of Sequim, WA Parcel #08434528100160030 2011 Market Value: $136,080 Owner: J. Somerville of Sequim, WA Parcel #08434528100160300 2011 Market Value: $136,080 Total Estimated Property Purchase Cost: $352,080 The best rough estimate for development without benefit of a plan or design: Turf (topsoil and hydroseed only) $35,000 Trees and misc landscaping $20,000 Irrigation $25,000 189 of 207 Benches $4,000 Trash cans $6,000 Misc paths $12,000 Lighting (alternate) $50,000 $152,000 Sub Total This is a very rough and early estimate. Add 20% or around $30,000 Total Estimate Cost for Development of Passive Park $182,000 Any of the above elements can be deleted if so desired. But, irrigation is critical. Of course, this number could change significantly based upon the final design. Estimated Annual Maintenance Cost (landscape, water, electric, garbage, misc repairs) $15,000 A: Not to allow discussion LTERNATIVES 190 of 207 191 of 207 12. B NEW BUSINESS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Review procedures for adding items to City Commission EQUESTED CTION BY ITY OMMISSION agenda. ER: The City’s Administrative Procedure Manual establishes the steps for XPLANATION OF EQUEST creating the City Commission’s agenda. In order to complete the process in time for publication of the agenda there are deadlines which must be met by City staff members. In building the agenda, the cutoff date for adding agenda items is 2.5 weeks before the meeting. The procedures explain in detail in APM 01.03.04, a copy of which is attached. The City Manager seeks input and direction from the City Commission regarding the procedures that should be followed when individual members of the Commission request the City Manager to add items to the agenda. Such requests usually entail proclamations, announcements and matters of reconsideration but can also include action items requiring staff analysis. In the past, it has been customary to require City Commission consensus to add items that will require formal City Commission action such as resolutions or ordinances. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None LTERNATIVES 192 of 207 193 of 207 194 of 207 195 of 207 12. C NEW BUSINESS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Request by Commissioner Holzman for City Commission EQUESTED CTION BY ITY OMMISSION to have discussion on possible dissolution of Financial Advisory Committee ER: At the March 20, 2012 City Commission meeting Commissioner XPLANATION OF EQUEST Holzman requested this item be placed on the April 3, 2012 agenda. For the Commission’s deliberation staff has attached the following backup materials: a) Current Committee Roster b) Committee Attendance Roster c) Current Committee Study Topic List d) Committee Recap Report from FY 10-11 H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not allow discussion. LTERNATIVES 196 of 207 7 Regulars - 2 Alternates Established per Ordinance No. 10-009 Three-year terms for Regulars One-year terms for Alternates 2012 FINANCIAL ADVISORY COMMITTEE MEMBER EXPIRES PHONE PROFESSION (3) DOUGHERTY, . Dennis J06/12561-706-1552Owner Interior 703 Sunset Rd. Appt’d 9/20/11 djdough@bellsouth.net Scaping Co. (33435) OPEN 06/12 OPEN 06/14 (7) KATZ , David 06/14 577-8007 Marketing 67 Midwood Lane Appt’d 1/3/12 commkay@aol.com (33436) (9) LONERGAN, Terry 06/13 641-4725 Retired Bank Teller 45 Rutland Lane Appt’d 8/3/10 terryl33436@yahoo.com (33436) (12) SCANTLAN, Don, Chair 06/13 433-5711 Dir. of Programs 13 Cedar Circle Appt’d 6/1/10 dscan1@aol.com Workforce Alliance (33436) OPEN 06/13 ALTERNATES: (12) OPEN 06/12 (12) OPEN 06/12 CITY EMPLOYEE REPRESENTATIVE: Barry Atwood, Finance Director 742-6310 Tim Howard, Deputy Finance Director 742-6312 Lori LaVerriere, Interim City Manager 742-6013 (Back-up) At Least 5 regular members shall have one of the following qualifications: (1) Certified Public Accountant (2) Accounting Professional (3) Finance Professional/Auditing (4) Certified Financial Planner (5) Investment Advisor (6) Insurance Professional (property/casualty or health0 (7) Business Owner/Manager (8) MBA or MPA degree (with high levels of accountability/responsibilities with budget and organization oversight) (9) Banking (10) Pension Plan Management (11) Financial Planning & Management (12) Remaining four members may be at large Updated: 3-21-12 S:\CC\WP\BOARDS\LISTS\2012 Board Lists\FINANCIAL ADVISORY COMMITTEE.doc 197 of 207 198 of 207 199 of 207 200 of 207 1.FAC Executive Summary – Don Scantlan, Chair FAC No discussion by Commission. 2.FAC CRA Functions & Development Department Merger Recommendation - Dave Madigan City Commission concurred; no further action required. Status quo. 3.FAC Forestry & Grounds Recommendation - Merline Pamplona City Commission reviewed and requested mid-range solution of elimination of all turf medians and conversion to drought resistant materials. Noted other savings will come from re-organization. 4.FAC Cell Phone Recommendation - Bill Shulman City Commission reviewed and concurred generally with approach. City Manager to come up with further cost containment ideas including further restrictions/reductions and possible employee cost participation with city-issued equipment. Carriers and contracts need to be reviewed as to rate impact and use limits. 5.FAC Golf Recommendation - George Feldman City Commission concurred with status quo. 6.FAC Hiring Freeze Recommendation - Dave Madigan City Commission concurred with report and noted this has been on-going since 2007 with a soft hiring freeze and the 2010, 2011 Voluntary Separation Program. The effort should continue. 7.FAC HOA Contribution to City Programs Recommendation – Bill Shulman Once item was clarified the City Commission concurred with a limited solicitation program that would not interfere with the fundraising efforts of the Greater Boynton Beach Foundation. 8.FAC Library Recommendation - Merline Pamplona City Commission reviewed hours reduction and favored development of an alternate that would allow for later AM opening hours on weekdays rather than closing earlier. Staff to come back with supplement as part of budget. 201 of 207 9.FAC Paperless Billing Recommendation - Don Scantlan City Commission noted that this has been partially implemented with an increase in the number of customers paying on-line. The paper bill opt out process needs to be publicized more. 10.FAC Recreation & Parks Recommendation - Merline Pamplona The contract with East Boynton Beach Little League was discussed. Staff is recommending it not be renewed. With respect to the FAC recommendation for recreation fee increases, the City Commission requested comparative information. The City Manager suggested benchmarking 15 core fees to see where Boynton Beach compares with other cities and the county. There was also discussion of installing a parking system at Boat Club Park. Staff to prepare basic study information on cost benefit. 11.FAC Revenue Increase Recommendations - Bill Shulman City Commission reviewed the list and agreed to look at a possible Fire Assessment hike as part of the budget. Other revenue items would also be reviewed by staff as part of the budget. 12.FAC Sale of Surplus Physical Property Recommendation – Dave Madigan City Commission reviewed and noted this was an ongoing program. 13.FAC Sale of Surplus Real Property Recommendation - Dave Madigan City Commission concurred with the FAC recommendation to move forward with a staff review team for real estate disposal. 14.FAC Solid Waste Franchise Recommendation - George Feldman City Commission discussed and was leaning against pursuing the idea of franchising solid waste. Matter was left with FAC for further study and review. 15.FAC Solid Waste Recycling Recommendation - George Feldman City Commission concurred with FAC to continue with the program. 16.FAC Take Home Vehicles and Car Allowance Recommendation – Bill Shulman City Commission reviewed and requested that staff include as much reductions as possible (allowances and take-home) for the budget. 17.FAC Voluntary Separation (VSP) Recommendation - Dave Madigan City Commission reviewed and noted this program has been implemented. 18.FAC E-Billing Recommendation - Don Scantlan City Commission reviewed. An on-line bill view feature was noted as being desirable. Staff is working on this. 202 of 207 19.FAC Museum Recommendation - Merline Pamplona City Commission reviewed. The recommendations have been incorporated into the FY 12 budget. 20.FAC Pensions Recommendation - Mike Madalena City Commission and FAC reviewed an updated report. Following discussion, the matter was referred back to the FAC for further discussion and voting. 21.FAC Shopper Hopper Recommendation - Terry Lonergan City Commission reviewed and generally concurred with the recommendation. Staff and FAC requested to develop alternative transportation sources and an information / implementation strategy. 22.FAC Solid Waste Residential Garbage Collection Recommendation – George Feldman The City Commission referred this item back to the FAC for additional study. 23.FAC Survey Recommendations – Don Scantlan Presented for information only. KB: 5/14/11 203 of 207 14. A FUTURE AGENDA ITEMS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 by Florida Representatives Jeff Clemens EQUESTED CTION BY ITY OMMISSION District 89 and Lori Berman District 86 to provide an update from the recent legislative session - 4/17/12. ER: Informational only XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 204 of 207 14. B FUTURE AGENDA ITEMS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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: Police Study - 4/17/12 EQUESTED CTION BY ITY OMMISSION ER: At the March 20, 2012 City Commission meeting, there was XPLANATION OF EQUEST consensus to table this item to the April 17, 2012 to give members of Commission an opportunity to review the previous 2006 PERF Study. This item will come back to the Commission for further discussion. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 205 of 207 14. C FUTURE AGENDA ITEMS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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- 5/1/12 EQUESTED CTION BY ITY OMMISSION ER: Review research and feasibility of bringing into the city an In-house XPLANATION OF EQUEST Medical Clinic. Staff has identified several options and will be meeting with CIGNA the end of March to review programs and costs to bring back for Commission consideration. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 206 of 207 14. D FUTURE AGENDA ITEMS April 3, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 3, 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 City Manager Search interview rankings - EQUESTED CTION BY ITY OMMISSION 5/1/12. ER: Discussion of interview rankings and next steps. XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 207 of 207