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Agenda 02-19-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 Tuesday, February 19, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II Gerald “Jerry” Taylor Commissioner – District I Steven Holzman Commissioner – District III Wayne Segal Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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 458 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Hay D. Brand Promise Statement E. 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 February 24, 2013 - march 2, 2013 as Eating Disorders Awareness Week. Sharon Glynn, LPN, Director of Programming for the Alliance for Eating Disorders will accept the proclamation. B. General and Special Election Proclamation - March 12, 2013 - presented by Mayor Woodrow L. Hay C. Announce the 2013 South Florida Police K9 Competition to be held on Saturday, March 2, 2013 at the Boynton Beach High School from 10:00 a.m. - 6:00 p.m. Admission is Free to the Public. No pets allowed. D. Proclaim the month of March 2013 as the City of Boynton Beach Firefighters Appreciation Month and commend all of the City of Boynton Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. E. Announce 2013 Candidate Forum for the March 12, 2013 Municipal Election to be held on Thursday, February 21, 2013 - Organized by the Greater Boynton Beach Chamber of Commerce 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 458 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Planning & Development Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 2 alternates 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 PROPOSED RESOLUTION NO. R13-015 A. - Approve the agreement between the City of Boynton Beach and the Executive Estates Of Boynton Beach Homeowners Association, Inc. (Citrus Glen) to provide for police enforcement of traffic violations on private and limited access roads within the Association’s area of control. PROPOSED RESOLUTION NO. R13-016 B. - Approve and authorize execution of an Agreement for Water Service outside the City Limits with Bluebird Land Trust for the property at 1200 Highview Rd., Lantana, FL. C. Approve and authorize the purchase of Dell desktop computers and monitors for various city departments and utilities divisions by piggybacking the State of Florida Contract number 250WSCA10ACS in the amount of $72,165.59. D. Accept the written report to the Commission for purchases over $10,000 for the month of January 2013. E. Approve the minutes from the Regular City Commission meeting held on February 5, 2013 4 of 458 F. Approve the request from Oceanside Beach Service, Inc. to waive lease payments for October, November and December 2012, and reduce the January (TABLED ON FEBRUARY 5, 2013) 2013 payment by 50%. PROPOSED RESOLUTION NO. R13 -017 G. - Support the proposed Grades K- 12 CONTINUUM OF S.T.E.A.M. (Science, Technology, Engineering, Arts, Mathematics) Magnet Programs at Galaxy Elementary School, Congress Middle School, and Boynton Beach High School PROPOSED RESOLUTION NO. R13-018 H. - Calling on the federal government to reduce gun violence in America and help prevent future mass shootings through passage of: the Fix Gun Checks Act, which would require a background check for every gun sale and ensure that all criminals and other dangerous people who are prohibited from buying a gun are listed in the national instant criminal background check system; as well as legislation that would keep military-style weapons and high-capacity magazines off our streets, and would make gun trafficking a federal crime PROPOSED RESOLUTION NO. R13-019 I. - Accept and authorize execution of the proposal dated February 14, 2013 with Marine Engineering & Construction, Inc. of Boynton Beach, FL to provide barge services to the City of Boynton Beach for July 4th fireworks display for the years 2013-2017 for an annual expenditure of $15,000. 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid for "TWO YEAR CONTRACT FOR LANDSCAPE MAINTENANCE" Bid #020-2730-13/JMA to Creative Lawn Maintenance, Enviroscapes Plus, First Genesis Lawn Service, BG Katz Property Maintenance, LV Superior Landscaping, Latona View Lawn Care, Novo Arbor, Phoenix Landscape Service, Superior Landscaping, and Vincent & Sons Landscaping. The estimated annual expenditure is $972,573 which includes the award amount of $628,297 and $344,276 for additional services for Nuisance Abatement, Median Restoration, Arborist Services for Utilities, and unforeseen requests. The bid allows for three (3), one (1) year renewals. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 5 of 458 PROPOSED ORDINANCE NO. 13-004 - FIRST READING A. - Approve abandonment of a portion of the 35-foot wide Galaxy Way street right-of-way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. PROPOSED RESOLUTION NO. R13-020 B. - Approve amendment to the Neighborhood Stabilization Program 1 (NSP1) Action Plan and authorize the Mayor and City Clerk to sign the NSP Substantial Amendment. PROPOSED RESOLUTION NO. R13-021 C. - Approve amendments to the Neighborhood Stabilization Program (NSP1) Developer Agreement between the City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation (BBFBCDC). 10. CITY MANAGER’S REPORT A. Hear presentation and update of the Utilities Department CIP Projects. 11. UNFINISHED BUSINESS A. Discuss and approve City Manager employment agreement. 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-003 - SECOND READING - PUBLIC A. HEARING - Appoint CRA Board Member to replace James Buchanan whose term has expired 14. FUTURE AGENDA ITEMS A. Proclaim March 2013 as Myeoloma Month - 03/05/13 B. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD C. Adopt resolution to include the Old High School into the CRA Brownfield Designation area - March 5, 2013 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 6 of 458 16. 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 7 of 458 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 February 24, 2013 - march 2, 2013 as EQUESTED CTION BY ITY OMMISSION Eating Disorders Awareness Week. Sharon Glynn, LPN, Director of Programming for the Alliance for Eating Disorders will accept the proclamation. ER: As many as 30 million Americans are currently battling XPLANATION OF EQUEST eating disorders, and more than 600,000 live in the State of Florida. Eating disorders are associated with serious physical health consequences including heart disease, heart failure and kidney failure. H? This proclamation will raise OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the serious nature of eating disorders and options for recovery. FI: N/A ISCAL MPACT A: Not allow proclamation. LTERNATIVES 8 of 458 PROCLAMATION in the United States as many as 30 million Americans are currently WHEREAS, battling eating disorders, and more than 600,000 individuals in the State of Florida suffer daily with their eating disorder; and eating disorders are associated with serious physical health WHEREAS, consequences, including irregular heartbeats, heart disease and heart failure, kidney failure, osteoporosis, gastric rupture, tooth decay, obesity, gall bladder disease, diabetes, and death; and anorexia nervosa has the highest mortality rate of any mental WHEREAS, illness; and eating disorders know no boundaries with respect to gender, WHEREAS, race, age, or economic status; and The Alliance for Eating Disorders Awareness, a 501(c)(3) non- WHEREAS, profit organization, is the premier eating disorders organization in Palm Beach County dedicated to providing programs and activities aimed at outreach and education related to health promotion, including all eating disorders, positive body image, and self-esteem The Alliance for Eating Disorders Awareness has offered WHEREAS, presentations on eating disorders, positive body image, and self-esteem to over 170,000 individuals throughout Palm Beach County and nationwide; and recovery from these disorders is possible, and individuals WHEREAS, should not have to suffer or recover alone. I, Woodrow L Hay, Mayor of Boynton Beach, do NOW THEREFORE, hereby proclaim February 24, 2013 – March 2, 2013 as: EATING DISORDERS AWARENESS WEEK ___________________________________________ _ WOODROW L. HAY, MAYOR CITY OF BOYNTON BEACH ATTEST: 9 of 458 _______________________________________ JANET M. PRAINITO, MMC CITY CLERK (Corporate Seal) 10 of 458 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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: General & Special Election Proclamation - March EQUESTED CTION BY ITY OMMISSION 12, 2013 - presented by Mayor Woodrow L. Hay ER: On February 12, 2013, the qualifying period for candidates for XPLANATION OF EQUEST Mayor At-Large, Commissioner-District I, Commissioner-District III and Commissioner-District IV closed. There are four (4) candidates for Mayor At-Large, two (2) candidates for District I, three (3) candidates for District III, and four (4) candidates for District IV. This Proclamation declares all of the polling locations that will be active on Election Day. It also states the four (4) Charter amendment questions that will appear on the ballot. H? In the case of Mayor At-Large, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commissioner-District I and Commissioner-District III, the residents will elect the policymakers for the City of Boynton Beach for the next three years. In the Special Election for Commissioner-District IV, the residents will elect the policymaker for the City of Boynton Beach for the next year until March 2014. FI: The fiscal impact to the City involves the base salary and expenses of the ISCAL MPACT positions. The cost of conducting the election has been budgeted in the 2012-2013 fiscal year budget. A: There is no alternative to having this election. Our elected officials serve three- LTERNATIVES year terms and the terms of the Mayor At-Large, Commissioner-District I and Commissioner- District II seats will expire in March 2013. In accordance with Section 20 of the Charter of the City of Boynton Beach, a special election is being held to fill the vacancy created in District IV following the resignation of Marlene Ross. 11 of 458 PROCLAMATION I, Woodrow L. Hay, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the th 12 day of March 2013 to elect one Mayor-at-Large to serve a three- year term expiring in March 2016, one Commissioner from District 1 and one Commissioner from District 3 and a Special Election will be held to elect one Commissioner from District 4 to serve a one-year term expiring in March 2014. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VOTING LOCATIONS PRECINCT 3136 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PRECINCT 3138 CITRUS COVE ELEMENTARY SCHOOL 8400 LAWRENCE ROAD PRECINCT 3140 BOYNTON LAKES NORTH CLUBHOUSE 100 REDFORD DRIVE PRECINCT 3142 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE PRECINCT 3146 NEWPORT PLACE TH 4735 NW 7 CT. PRECINCT 3164 CITRUS COVE ELEMENTARY SCHOOL 8400 LAWRENCE ROAD PRECINCT 3168 BOYNTON BEACH FIRE STATION #3 3501 NORTH CONGRESS AVENUE PRECINCT 3172 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3174 BOYNTON BEACH FIRE STATION #3 3501 NORTH CONGRESS AVENUE PRECINCT 3176 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3178 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3182 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD 12 of 458 PRECINCT 3184 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD PRECINCT 3186 LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON RD PRECINCT 3188 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3190 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD PRECINCT 3192 PALM BEACH LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DR PRECINCT 3194 BOYNTON BEACH FIRE STATION #2 2615 WEST WOOLBRIGHT RD PRECINCT 3196 PALM BEACH LEISUREVILLE CLUBHOUSE #3 TH 2001 SW 13 AVENUE PRECINCT 3198 BOYNTON BEACH LEISUREVILLE CLUBHOUSE TH 1807 SW 18 STREET PRECINCT 3200 GOLFVIEW HARBOUR CLUBHOUSE TH 2775 SW 14 STREET PRECINCT 3202 GOLFVIEW HARBOUR CLUBHOUSE TH 2775 SW 14 STREET PRECINCT 4020 LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON RD PRECINCT 4022 TARA LAKES CLUBHOUSE 43 TARA LAKES DR E PRECINCT 4024 BOYNTON BEACH BOATCLUB PARK U S 1 AND NE 21ST AVE PRECINCT 4026 STERLING VILLAGE AUDITORIUM 500 S FEDERAL HIGHWAY PRECINCT 4034 CROSSPOINTE ELEMENTARY SCHOOL 3015 S CONGRESS AVE PRECINCT 4036 CHRISTIAN MISSIONARY VISION (BETHESDA TABERNACLE) 2923 S. FEDERAL HIGHWAY PRECINCT 4050 HUNTERS RUN EASTGATE COURTSIDE CAFE 3500 CLUBHOUSE LANE PRECINCT 4052 CROSSPOINTE ELEMENTARY SCHOOL 3015 S CONGRESS AVE 13 of 458 PRECINCT 4054 LAKEVIEW BAPTIST CHURCH 2599 N SWINTON AVE DELRAY BEACH, FL PRECINCT 4062 CHRISTIAN MISSIONARY VISION (BETHESDA TABERNACLE) 2923 S. FEDERAL HIGHWAY PRECINCT 4066 SEACREST PRESBYTERIAN CHURCH 2703 NORTH SEACREST BLVD. PRECINCT 4068 SEACREST PRESBYTERIAN CHURCH 2703 NORTH SEACREST BLVD. PRECINCT 4070 SEACREST PRESBYTERIAN CHURCH 2703 NORTH SEACREST BLVD. PRECINCT 7178 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7180 ST JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. PRECINCT 7182 POINCIANA ELEMENTARY SCHOOL 1203 NORTH SEACREST BLVD. PRECINCT 7184 ST. JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. PRECINCT 7186 BOYNTON BEACH CIVIC CENTER 128 EAST OCEAN AVENUE PRECINCT 7188 FOREST PARK ELEMENTARY SCHOOL RD 1201 SW 3 STREET PRECINCT 7190 SEACREST PRESBYTERIAN CHURCH 2703 NORTH SEACREST BLVD. The following questions shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March 2013 General Municipal Election in Palm Beach County, Florida. The election ballot questions shall read as follows: 1. PROVIDE FOR DESIGNATION OF GEOGRAPHIC BOUNDARIES FOR VOTING DISTRICTS EVERY TEN YEARS The current City Charter provides for the designation of geographic boundaries for each voting district every four (4) years. Shall the Charter be amended to provide for the designation of geographic boundaries for voting districts commencing ninety (90) days after the issuance of the 2020 census report and every ten (10) years thereafter? YES_________ NO_________ 14 of 458 2. CANDIDATES FOR MUNICIPAL OFFICE SHALL RESIDE IN THE DISTRICT FOR WHICH THEY ARE SEEKING OFFICE A Commissioner must reside in their district at the time of their election. The Charter makes no provision addressing a change in boundaries of districts. Shall the Charter be amended to provide that a member of the Commission be permitted to retain office until the end of their term if a boundary change results in the Commissioner no longer being a resident of the district to which they were elected? YES________ NO__________ 3 ADOPT REVISED CHARTER TO DELETE OBSOLETE CHARTER PROVISIONS AND PROVIDE FOR NON-SUBSTANTIVE CHANGES Shall the Charter be renumbered and revised to eliminate ineffective language, fix grammatical errors, delete provisions which are superseded or preempted by state law, and reorganized to consolidate related subject matter? YES_________ NO_________ 4. PROVIDE FOR 50% PLUS ONE OF THE VOTES IN ORDER TO BE ELECTED The current City Charter provides for a runoff election when a candidate with the highest number of votes receives less than 35% of the votes cast. This new rule for runoffs would first take effect March 2014. Should the Charter be amended to require that a winning candidate receive fifty percent (50%) plus one of the votes cast in an election even if a runoff election is required? Yes____________ No___________ CITY OF BOYNTON BEACH ____________________________________________ WOODROW L. HAY, MAYOR ATTEST: _______________________________________ JANET M. PRAINITO, MMC CITY CLERK (Corporate Seal) 2/14/2013 7:51 AM 15 of 458 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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: Announce the 2013 South Florida Police K9 EQUESTED CTION BY ITY OMMISSION Competition to be held on Saturday, March 2, 2013 at the Boynton Beach High School from 10:00 a.m. - 6:00 p.m. Admission is Free to the Public. No pets allowed. ER: Hosted by the Boynton Beach Police Department, this is the XPLANATION OF EQUEST second year for this fun-filled, exciting event which will include:  Kids Interactive SWAT Mission  Food Trucks  Rock Climbing Wall  Raffle prizes  Bounce House H? All proceeds benefit the Boynton OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Beach Police Department K9 Unit and PBSO K9 SGT Mike Anderson. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 16 of 458 17 of 458 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 March 2013 as the City of EQUESTED CTION BY ITY OMMISSION Boynton Beach Firefighters Appreciation Month and commend all of the City of Boynton Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. ER: In honor of the efforts of the City of Boynton Beach Fire XPLANATION OF EQUEST Fighters, the Muscular Dystrophy Association is sponsoring “Boynton Beach Fire Fighter Appreciation Month.” The funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow the proclamation. LTERNATIVES 18 of 458 Proclamation Whereas fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens, and Whereas , in addition to their daily service to our communities, Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 58 years in the fight against neuromuscular diseases, and Whereas , Florida Fire Fighters collected over $1,030,600 in over 300 communities including the City of Boynton Beach incorporated within the Boynton Beach Fire Rescue Local 1891 who raised $19,550 with their 2012 “Fill the Boot” campaign for the MDA, again making them the MDA’s largest source of funding, and Whereas the Muscular Dystrophy Association is extremely grateful of the City of Boynton Beach Fire Fighters for their support and dedication, and Whereas , the funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families, and Whereas , in honor of the efforts of the City of Boynton Beach Fire Fighters, the Muscular Dystrophy Association is sponsoring “the Boynton Beach Fire Fighter Appreciation Month,” and Whereas , it is appropriate for all City of Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our fire fighters. Now, therefore be it resolved that the City of Boynton Beach does hereby proclaim the month of March as THE CITY OF BOYNTON BEACH FIRE FIGHTER APPRECIATION MONTH And commend all of the City of Boynton Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. 19 of 458 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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: Announce 2013 Candidate Forum for the March EQUESTED CTION BY ITY OMMISSION 12, 2013 Municipal Election to be held on Thursday, February 21, 2013 - Organized by the Greater Boynton Beach Chamber of Commerce ER: The Greater Boynton Beach Chamber of Commerce is XPLANATION OF EQUEST hosting a Candidate Forum at Bethesda Health – Clayton Conference Center on Thursday, February 21, 2013 from 7 pm to 9 pm. The public is invited and encouraged to attend to meet the many candidates that are running for office. There will also be four charter amendments on the ballot for the March 12, 2013 election. This is a VERY important election for Boynton Beach and everyone is encouraged to get out and vote. Refreshments will be served. The event is free to the public. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 20 of 458 21 of 458 5. A ADMINISTRATIVE February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Planning & Development Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. 22 of 458 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 23 of 458 24 of 458 25 of 458 26 of 458 27 of 458 28 of 458 29 of 458 30 of 458 31 of 458 32 of 458 33 of 458 6. A CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. R13-015 - EQUESTED CTION BY ITY OMMISSION Approve the agreement between the City of Boynton Beach and the Executive Estates Of Boynton Beach Homeowners Association, Inc. (Citrus Glen) to provide for police enforcement of traffic violations on private and limited access roads within the Association’s area of control. ER: Florida State Statute Section 316.006(1)(b) provides that a XPLANATION OF EQUEST municipality may exercise jurisdiction over any private roads if the municipality and the party owning or controlling the private roads enter into a written agreement providing for such jurisdiction. This agreement provides the police department with the required authority to enforce state and local traffic regulations on the roadways within the Citrus Glen development. The agreement does not obligate the department to any level of traffic enforcement activity. Additionally, the HOA will be required to bring any of its traffic control devices (signs or lights) into compliance with the USDOT Manual on Uniform Traffic Control Devices for Streets and Highways. The City has entered into these types of agreements with many of the HOAs. H? No effect on programs or services. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: Not to enter into the agreement. LTERNATIVES 34 of 458 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR TRAFFIC ENFORCEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Executive Estates of Boynton BeachHomeowners Association, Inc., (hereinafter referred to as “Association”) owns or controls certain private roads lying and being in the City of Boynton Beach, Florida; and WHEREAS , Association does not have the power to enact or enforce traffic laws within the Association, nor can it hire others with police power to do so; and WHEREAS , pursuant to Chapter 316.006(1)(b), Florida Statutes, the Association hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those certain private roads in said Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic Enforcement between the City of Boynton Beach, Florida and Executive Estates of Boynton Beach Homeowners Association, Inc., a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon 35 of 458 passage. PASSED AND ADOPTED this _____ day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Wayne Segal ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 36 of 458 37 of 458 38 of 458 39 of 458 40 of 458 41 of 458 42 of 458 43 of 458 44 of 458 45 of 458 46 of 458 6. B CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. R13-016 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of an Agreement for Water Service outside the City Limits with Bluebird Land Trust for the property at 1200 Highview Rd., Lantana, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is Able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 47 of 458 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 48 of 458 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND BLUEBIRD LAND TRUST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1200 Highview Road, Lantana, Florida (PCN: 00-43-45-10-08- 000-0830); and WHEREAS , the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the Interim City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Bluebird Land Trust, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2013. 49 of 458 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – Jerry Taylor ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Wayne Segal ATTEST: ___________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Reso -Bluebird Land Trust Water Service Agreement.doc 50 of 458 51 of 458 52 of 458 53 of 458 54 of 458 55 of 458 56 of 458 57 of 458 58 of 458 59 of 458 60 of 458 6. C CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 and authorize the purchase of Dell EQUESTED CTION BY ITY OMMISSION desktop computers and monitors for various city departments and utilities divisions by piggybacking the State of Florida Contract number 250WSCA10ACS in the amount of $72,165.59. ER: The I.T.S. department has engaged in a computer XPLANATION OF EQUEST replacement program for numerous years, which provides our employees with computing technology adequate to run the software needed to perform their job functions. Maintenance on older equipment has proven to be extremely costly from a support, productivity and financial perspective. This purchase provides for the replacement of computers that are a minimum of 4 years and older, targeting the City’s Dell OptiPlex computers. Our oldest computers are not necessarily replaced with the new computer. Users that require high-end computing power to perform their job functions will receive the newer systems. Their previous systems will be taken back to the I.T.S. department to be refreshed. Those previously used systems are given to users needing less-powerful systems than the new systems, although more powerful than their old systems, to perform their job functions. The cascading process of this PC replacement plan continues until we are eventually left with the oldest systems. These old systems are used for spare parts or are ultimately retired. H? We will be replacing out-of-date OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES employee computer equipment that is marginally capable of running the city’s current 61 of 458 software products. Many enterprise applications such as GIS and Document Imaging require higher end PC’s. The up-to-date PC’s will increase efficiency in internal business operations by providing an appropriate hardware/ software combination. FI: Funding was approved and is available for the City in the Capital ISCAL MPACT Improvement Plan for fiscal year 2012/13 under account number 304-4101-580-64-15 (Project IT1202) for the amount of $50,000. Utilities funding is available in various division accounts in the amount of $22,315. Purchases are available through Dell Inc. under Florida State Contract number 252WSCA10ACS. A: Not making this purchase would require the continued use of equipment LTERNATIVES that is marginally capable of running the city’s current software products. Compatibility issues could also prevent a smooth transition to the future alternative software suites. 62 of 458 63 of 458 64 of 458 65 of 458 66 of 458 67 of 458 68 of 458 69 of 458 70 of 458 71 of 458 72 of 458 73 of 458 74 of 458 75 of 458 76 of 458 77 of 458 78 of 458 79 of 458 80 of 458 81 of 458 82 of 458 83 of 458 84 of 458 85 of 458 86 of 458 87 of 458 88 of 458 89 of 458 90 of 458 91 of 458 92 of 458 93 of 458 94 of 458 95 of 458 96 of 458 97 of 458 98 of 458 99 of 458 100 of 458 101 of 458 102 of 458 103 of 458 104 of 458 105 of 458 106 of 458 107 of 458 108 of 458 109 of 458 110 of 458 111 of 458 112 of 458 113 of 458 114 of 458 6. D CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of January 2013. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for January 2013: Purchase Order Vendor Amount 130566 A-C-T Enviro & Infrastructure $ 15,160.00 130570 Insituform Technologies, Inc. $ 30,434.30 130583 Stokes Mech Contractor, Inc. $ 14,093.00 130584 CFM Air Conditioning, Inc. $ 10,504.00 130586 Talley Walker Services, Inc. $ 11,660.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase 115 of 458 request is reviewed and approved by the Department Director, Finance Department, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 116 of 458 117 of 458 118 of 458 119 of 458 120 of 458 121 of 458 122 of 458 123 of 458 124 of 458 125 of 458 126 of 458 127 of 458 128 of 458 129 of 458 130 of 458 131 of 458 132 of 458 133 of 458 134 of 458 135 of 458 136 of 458 137 of 458 138 of 458 139 of 458 140 of 458 141 of 458 142 of 458 143 of 458 144 of 458 145 of 458 146 of 458 147 of 458 148 of 458 149 of 458 150 of 458 151 of 458 152 of 458 153 of 458 154 of 458 155 of 458 156 of 458 157 of 458 158 of 458 159 of 458 160 of 458 161 of 458 162 of 458 163 of 458 164 of 458 165 of 458 166 of 458 167 of 458 168 of 458 169 of 458 170 of 458 171 of 458 172 of 458 173 of 458 174 of 458 175 of 458 176 of 458 177 of 458 178 of 458 179 of 458 180 of 458 181 of 458 182 of 458 6. E CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on February 5, 2013 The City Commission met on February 5, 2013 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 183 of 458 184 of 458 185 of 458 186 of 458 187 of 458 188 of 458 189 of 458 190 of 458 191 of 458 192 of 458 193 of 458 194 of 458 195 of 458 196 of 458 197 of 458 198 of 458 199 of 458 200 of 458 201 of 458 202 of 458 203 of 458 204 of 458 205 of 458 206 of 458 207 of 458 208 of 458 209 of 458 6. F CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 request from Oceanside Beach EQUESTED CTION BY ITY OMMISSION Service, Inc. to waive lease payments for October, November and December 2012, and reduce the January 2013 payment by 50%. (TABLED ON FEBRUARY 5, 2013) ER: In December 2009, the City entered into a three year lease XPLANATION OF EQUEST agreement with Oceanside Beach Service (OBS), Inc. to provide a beach equipment rental concession (cabanas, loungers, etc…) at Oceanfront Park (R09-183). The monthly lease payment for the initial three (3) year period was $2,000. The agreement allowed for three (3) one (1) renewals. The term of the agreement was extended for an additional one year period (RFP No.: 012-2730-13/JA) at a monthly lease payment of $2,200. The current agreement period is December 16, 2012 – December 15, 2013. In October of 2012, our local area was impacted by Tropical Storm Sandy, which caused severe erosion of our beach, and damaged two of the three beach access ramps at Oceanfront. This severely impaired the ability of OBS to conduct their business at the beach. Consequently, OBS is requesting that monthly payments for October, November and December be waived, and that the January payment be reduced by 50%. The following would be the monthly amounts to be waived: October (October 16, 2012 – November 15, 2012) $2,000 November (November 16, 2012 – December 15, 2012) $2,000 December (December 16, 2012 – January 15, 2013) $2,200 January (January 16, 2013 – February 15, 2013) $1,100 Total $7,300 210 of 458 H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: This will reduce the amount of revenue generated from this agreement ISCAL MPACT by $7,300 for the current fiscal year from an anticipated amount of $26,000 to $18,700. A: LTERNATIVES 1. Approve fee waiver for two months and 50% of January. 2. Approve fee waiver for one month and 50% of January. 3. Approve fee waiver for three months. 4. Approve fee waiver for two months. 5. Approve fee waiver for one month. 6. Do note approve fee waiver request. 211 of 458 212 of 458 213 of 458 214 of 458 215 of 458 216 of 458 217 of 458 218 of 458 219 of 458 220 of 458 221 of 458 222 of 458 6. G CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. R13 -017 - EQUESTED CTION BY ITY OMMISSION Support the proposed Grades K-12 CONTINUUM OF S.T.E.A.M. (Science, Technology, Engineering, Arts, Mathmatics) Magnet Programs at Galaxy Elementary School, Congress Middle School, and Boynton Beach High School ER: The School District of Palm Beach County is applying for XPLANATION OF EQUEST a USDOE federal grant, the Magnet Schools Assistance Program grant that provides funding up to $12,000,000 over three years to develop innovative educational programs that will increase student achievement as well as increase diversity and school choice for communities. One of the main goals of the grant is to develop outstanding STEAM (Science, Technology, Engineering, Arts, Mathematics) programs in each of the three Boynton Beach schools listed above so that students in Boynton Beach and other southern Palm Beach County communities will have the opportunity to participate in the STEAM continuum of education, which fully prepares students for college and careers, from Kindergarten-- Grade 12. H? Approving the resolution will show OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City’s support for the School District’s application for the grant that will directly benefit schools in Boynton Beach. FI: None to the City of Boynton Beach ISCAL MPACT A: Do not approve the resolution and therefore do not support the School LTERNATIVES District’s application for the grant. 223 of 458 RESOLUTION NO. R13-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA SUPPORTING THE PROPOSED GRADES K-12 CONTINUUM OF S.T.E.A.M. (SCIENCE, TECHNOLOGY, ENGINEERING, ARTS, MATHEMATICS) MAGNET PROGRAMS AT GALAXY ELEMENTARY SCHOOL, CONGRESS MIDDLE SCHOOL, AND BOYNTON BEACH HIGH SCHOOL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach places a high priority on providing its students with the best educational opportunities as possible; and WHEREAS , the City of Boynton Beach endorses the School District of Palm Beach County’s request for federal grant funding for STEAM (Science, Technology, Engineering, Arts, Mathematics) Magnet Programs at Galaxy Elementary, Congress Middle School, and Boynton Beach High School; and WHEREAS , the educational experience of children and youth would be greatly enhanced by placing magnet programs at Galaxy Elementary, Congress Middle School, and Boynton Beach High School that would increase diversity and expand the educational opportunities offered to students that reside in Boynton Beach; and WHEREAS, the city of Boynton Beach believes that STEAM (STEM plus Arts) programs at Galaxy Elementary, Congress Middle School, and Boynton Beach High School are logical as students from the southern part of Palm Beach County will have access to rigorous STEM as well as Arts programs currently not available for all students. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 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 of Boynton Beach, Florida supports a S.T.E.A.M. magnet program for Galaxy Elementary, Congress Middle School, and Boynton Beach High School, located in the city of Boynton Beach. Section 3. The city of Boynton Beach, Florida affirms its willingness to continue its support of Palm Beach County Public Schools that serve Boynton Beach students. Section 4. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School District of Palm Beach County and Superintendent E. Wayne Gent. Section 5. This Resolutionshall become effective immediately upon passage 224 of 458 PASSED AND ADOPTED by the City of Boynton Beach, this _____ Day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – Jerry Taylor ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Wayne Segal ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 225 of 458 6. H CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. R13-018 - EQUESTED CTION BY ITY OMMISSION Calling on the federal government to reduce gun violence in America and help prevent future mass shootings through passage of: the Fix Gun Checks Act, which would require a background check for every gun sale and ensure that all criminals and other dangerous people who are prohibited from buying a gun are listed in the national instant criminal background check system; as well as legislation that would keep military-style weapons and high-capacity magazines off our streets, and would make gun trafficking a federal crime ER: This is a companion resolution to the letter to President XPLANATION OF EQUEST Obama from Michael R. Bloomberg (Mayor of New York City) and Thomas M. Menino (Mayor of Boston) in support of an agenda that includes certain gun legislation. The City Commission approved the Mayor signing the letter to President Obama at the January 15, 2013 Regular City Commission meeting. This resolution further solidifies the intent of the City Commission to join with domestic violence prevention advocates, faith leaders, law enforcement officials, and other elected officials to make clear that failure to strengthen gun laws at the national level will continue to fuel gun violence in big and small cities throughout the country. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve resolution. LTERNATIVES 226 of 458 RESOLUTION NO. R13-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CALLING ON THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS THROUGH PASSAGE OF: THE FIX GUN CHECKS ACT, WHICH WOULD REQUIRE A BACKGROUND CHECK FOR EVERY GUN SALE AND ENSURE THAT ALL CRIMINALS AND OTHER DANGEROUS PEOPLE WHO ARE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; AS WELL AS LEGISLATION THAT WOULD KEEP MILITARY-STYLE WEAPONS AND HIGH- CAPACITY MAGAZINES OFF OUR STREETS, AND WOULD MAKE GUN TRAFFICKING A FEDERAL CRIME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Instant Criminal Background Check System (NICS) is an effective tool to keep guns out of the hands of criminals and other dangerous individuals, and this system has blocked 1.9 million illegal gun purchases and permit applications in the past two decades; and WHEREAS, despite this success, the system is undermined by legal loopholes and missing records that enable too many dangerous individuals to obtain weapons they later use in crimes; and WHEREAS, it is estimated that state and federal agencies have failed to report more than one million records of persons with dangerous mental illness into the NICS database; and WHEREAS, on April 16, 2007, Seung-Hui Cho shot and killed 32 people at Virginia Tech with guns that were legally purchased because records of his mental health status were missing from the NICS; and WHEREAS, on January 8, 2011, Jared Loughner, someone with a reported history of drug abuse and serious mental illness who should have been in the NICS database but was not, killed six Tucsonans – Christina-Taylor Green, Dorothy Morris, Judge John Roll, Dorwan Stoddard, Phyllis Schneck, and Gabe Zimmerman – and shot 13 others, including U.S. Congresswoman Gabrielle Giffords; and WHEREAS, on July 20, 2012, James Holmes, using a semi-automatic rifle and other guns, allegedly shot and killed 12 people and injured at least 58 others in a movie theater in Aurora, CO, using some of the thousands of rounds of ammunition that the shooter had recently purchased online without any background check; and WHEREAS , on August 5, 2012, Wade Michael Page, using a semi-automatic handgun, allegedly shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, WI; and WHEREAS , on October 21, 2012, Radcliffe Haughton, using a semi-automatic handgun, shot and killed his estranged wife and two others; and though a restraining order had been issued 227 of 458 against Haughton – making him a prohibited person under federal law – Haughton was able to avoid a background check by purchasing the gun from a private seller through armslist.com. WHEREAS, in the wake of the Newtown shootings on December 14, 2012, Adam Lanza, using two semi-automatic handguns, shot and killed 27 people, including 20 children at Sandy Hook elementary school. WHEREAS, in the wake of the Virginia Tech shootings, Virginia and other states have submitted hundreds of thousands of new mental health records into the NICS database, yet 19 states have each submitted fewer than 100 mental health records since that massacre; and WHEREAS, under federal law licensed gun dealers are mandated to conduct NICS checks before proceeding with a sale, but this requirement does not apply to so-called private sellers who are present in large numbers at gun shows and sell guns over the internet; and WHEREAS, it is estimated that 6.5 million guns were sold privately in the U.S. between November 2011 and November 2012, and undercover investigations have shown that many private sellers at gun shows and online will proceed with sales even when they are made aware that prospective purchasers cannot pass a background check; and WHEREAS, more than 12,000 Americans are murdered with guns every year, and too many of these crimes are committed by individuals who are barred from purchasing or possessing guns under Federal law; and WHEREAS, other tragedies including the 1999 Columbine High School shooting in Colorado, the 2010 attack on law enforcement at the Pentagon, and the 2012 mass shooting at a Pittsburgh psychiatric clinic were perpetrated by individuals who obtained guns through unregulated private sales, with no paperwork required and no questions asked; and WHEREAS, the Fix Gun Checks Act has been introduced in the U.S. Congress, and this legislation would address the two major flaws in the nation’s gun background check system by improving compliance with federal record reporting requirements, and by requiring background checks for all U.S. gun sales; and WHEREAS, 90 percent of Americans and 90 percent of gun owners support fixing gaps in the gun background check database, and 86 percent of Americans, 82 percent of gun owners nationwide, and 74 percent of NRA members support mandatory criminal background checks for all gun sales; and WHEREAS, Boynton Beach has been a strong advocate for common-sense policies that keep guns out of dangerous hands while respecting the rights of law-abiding gun owners, and strongly believes that Congress and state governments should take action to close deadly gaps in the NICS; and WHEREAS, more than 50 national organizations support closing gaps in the gun background check database and requiring a background check for all gun sales, including the U.S. Conference of Mayors, National Urban League, National Association for the Advancement of Colored People, and the National Coalition Against Domestic Violence, the International Association of Chiefs of Police, the Major Cities Chiefs Association and the Police Executive Research Forum; and 228 of 458 WHEREAS, the Fix Gun Checks Act is strongly supported by Mayors Against Illegal Guns, a national, bipartisan coalition of more than 800 mayors, who represent more than 58 million Americans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 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 of Boynton Beach will work to push for increased reporting of mental health and other relevant records into the NICS database; and Section 3. The City of Boynton Beach urges immediate passage of The Fix Gun Checks Act in the United States Congress; and Section 4. The City of Boynton Beach urges immediate passage of legislation that would get military-style weapons and high-capacity magazines away from our community and especially our schools; and Section 5. The City of Boynton Beach urges immediate passage of legislation that would make gun trafficking a federal crime; and Section 6. The City of Boynton Beach, echoing the call of gun violence survivors and family members, calls on both President Obama and the U.S. Congress to put in place concrete reforms to reduce gun violence nationwide and help prevent future mass shootings; and Section 7. The City of Boynton Beach’s Mayor and Commission will join with domestic violence prevention advocates, faith leaders, law enforcement officials, and other elected officials to make clear that failure to strengthen gun laws at the national level will continue to fuel gun violence in big and small cities throughout the country; and Section 8. The City of Boynton Beach’s Mayor and Commission requests the City Clerk to transmit this memorial to all members of Florida’s Congressional Delegation, and to the Obama administration. Section 9. This Resolutionshall become effective immediately upon passage. PASSED AND ADOPTED by the City of Boynton Beach, this _____ Day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay 229 of 458 _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – Jerry Taylor ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Wayne Segal ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 230 of 458 6. I CONSENT AGENDA February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. R13-019 - EQUESTED CTION BY ITY OMMISSION Accept and authorize execution of the proposal dated February 14, 2013 with Marine Engineering & Construction, Inc. of Boynton Beach, FL to provide barge services to the City of th Boynton Beach for July 4 fireworks display for the years 2013-2017 for an annual expenditure of $15,000. th ER: The CRA has handled the 4 of July fireworks event for the XPLANATION OF EQUEST past five (5) years. During the FY12/13 budget process it was determined that the event would revert back to the City’s responsibility. As part of the event there is a need to contract with a company to provide barge services for the fireworks display. The CRA had previously contracted with Marine Engineering & Construction, Inc. to provide the services for the past five (5) years at an annual expense of $15,000. The City contacted the vendor and received a quote for years 2013-2017 at the same cost of $15,000 annually. In addition to Marine Engineering the City contacted Barge America, Mobro Marine and Beyel Brothers requesting quotes. The only response the City received was a verbal approximation from Beyel Brothers in the amount of $27-$30K annually. Based on the information the City received it is recommended to have the City Manager accept and sign the proposal dated February 14, 2013 with Marine Engineering & Construction, Inc. for barge services in accordance with the attached quote and terms and conditions. The City will issue a purchase order annually for this service and as part of the terms and conditions beginning with the 2014 year the City may cancel this agreement provided notification is given to Marine Engineering & Construction no later 231 of 458 st than November 1 of each fiscal year. If City cancels any subsequent years the City agrees to pay a $5,000 cancellation fee at time of cancellation. H? By accepting this proposal it will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provide the City with the necessary barge services for the next five (5) years in order to th hold the 4 of July event. FI: Funds for this event have been budgeted in the FY12/13 budget under ISCAL MPACT line item 001-1211-512-48-24. A: Put this out for formal bid, but staff is not recommending this option LTERNATIVES based on responses received from vendors and the annual expenditure amount. 232 of 458 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT AND SIGN THE PROPOSAL DATED FEBRUARY 14, 2013 WITH MARINE ENGINEERING & CONSTRUCTION, INC., OF BOYNTON TH BEACH, FL TO PROVIDE BARGE SERVICES FOR THE JULY 4 FIREWORKS DISPLAY FOR THE YEARS 2013 THROUGH 2017 FOR AN ANNUAL EXPENDITURE OF $15,000; AND PROVIDING AN . EFFECTIVE DATE th WHEREAS, in previous years the CRA has handled the 4 of July fireworks event but during the budget process for fiscal year 2012/13 it was determined that the event would revert back to the City’s responsibility; and WHEREAS, as part of the fireworks display, the City is required to provide barge services; and WHEREAS, several companies were contacted but only the proposal from Marine Engineering & Construction, Inc., and a verbal approximation from another company in the amount of $27,000 to $30,000 were received; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to accept and sign the proposal dated February 14, 2013 with Marine Engineering & Construction, Inc., of Boynton Beach, FL to provide barge services for th the July 4 fireworks display for the years 2013 – 2017 for an annual expense of $15,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to accept and sign the proposal dated February 14, 2013 233 of 458 with Marine Engineering & Construction, Inc., of Boynton Beach, FL to provide barge services th for the July 4 fireworks display for the years 2013 – 2017 for an annual expense of $15,000.00, a copy of the proposal is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor _______________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Commissioner – Wayne Segal _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Reso - Approve Barge Proposal (Marine Engineering).doc 234 of 458 235 of 458 236 of 458 237 of 458 238 of 458 239 of 458 240 of 458 241 of 458 242 of 458 7. A BIDS AND PURCHASES OVER $100,000 February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the Bid for "TWO YEAR CONTRACT FOR EQUESTED CTION BY ITY OMMISSION LANDSCAPE MAINTENANCE" Bid #020-2730-13/JMA to Creative Lawn Maintenance, Enviroscapes Plus, First Genesis Lawn Service, BG Katz Property Maintenance, LV Superior Landscaping, Latona View Lawn Care, Novo Arbor, Phoenix Landscape Service, Superior Landscaping, and Vincent & Sons Landscaping. The estimated annual expenditure is $972,573 which includes the award amount of $628,297 and $344,276 for additional services for Nuisance Abatement, Median Restoration, Arborist Services for Utilities, and unforeseen requests. The bid allows for three (3), one (1) year renewals. : M1,2013F28,2015 BID AWARD PERIODARCH TO EBRUARY ER: On January 7, 2013, Procurement Services opened ten (10) XPLANATION OF EQUEST proposals from landscaping contractors and one (1) no bid. All bids were reviewed and calculated by the Facilities Management Supervisor. The Public Works Department recommends a multi-award to lowest, most responsive, responsible bidders who met all specifications of the bid. Vendors with an estimated annual award of $25,000 or more have been contacted concerning the performance/payment bond requirement that was in the bid documents and are presently working on satisfying that bid requirement. All will be in place prior to March 1, 2013. H? The purpose of this bid is to secure OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the best, most economical contractual landscaping services for various parks, building grounds, lots, alley ways, medians/right-of-ways (ROW), Cemetery, Utility sites, the CRA, the Nuisance Abatement Program, and Median Restoration. This also includes needed Additional Services for new areas along with arborist services and irrigation checks for specific issues not as a 243 of 458 scheduled maintenance for an entire site. The bid is for a period of two (2) years at the following frequencies with provisions in the bid to allow for three (3) one (1) year renewal periods based on vendor acceptance, satisfactory performance, and in the best interest of the City. TYPE OF SERVICE AREAS ANNUAL SERVICES Basic Maintenance Parks & Facility Sites, 39 Cemetery, Medians/ROWs, CRA & Utilities Basic Maintenance Future Park Sites, Alley Ways & 12 Lots Pruning & Hedge/Shrub Maintenance Parks & Facility Sites, 10 Medians/ROWs, CRA & Utilities Pruning & Hedge/Shrub Maintenance Alleyways 4 Irrigation Checks All sites with irrigation 18 Mulching Parks & Facility Sites w/Mulch 1 Mulching Medians/ROWs (Median 0 Restoration is separate), Future Park Sites, Alley Ways & Lots Fertilization Parks & Facility Sites, 2 Medians/ROWs, CRA & Utilities Pest Control All sites As needed Arborist Services Limited Parks & Facility Sites, 1 Future Park Sites, Medians, Alley Ways, CRA Arborist Services Utilities As needed. Nuisance Abatement – Additional Properties within the City limits As needed by Code Services (Arborist Services & Lot Compliance Maintenance Median Restoration Various As needed Additional Services Various As needed. FI: ISCAL MPACT AWARD TOTALS BY VENDOR Creative Lawn Maintenance $5,140.00 Enviroscapes Plus $36,564.00 First Genesis Lawn Service $85,221.00 BG Katz Property Maintenance $82,603.00 LV Superior Landscaping $85,992.00 Latona View Lawn Care* $0 Novo Arbor $ 24,500.00 Phoenix Landscape Service $23,413.00 Superior Landscaping $93,020.00 Vincent & Sons Landscaping $191,844.00 MEDIAN RESTORATION (Various Vendors) As Needed $150,000.00 ADDITIONAL SERVICES (Various Vendors) As Needed $100,000.00 ARBORIST SVCS (Various Vendors) As Needed $94,276.00 TOTAL $972,573.00 244 of 458 AWARD TOTALS BY ACCOUNT NUMBER FY12/13 Budgeted Amount Award Amount 001-2730-572-46.98 / Parks & Grounds $543,000.00 $492,727.00 001-2730-572-49.17 / Parks & Grounds $150,000.00 $150,000.00 for MEDIAN RESTORATION CRA $0 $0 401-2811-536-46.98 / Water Plants & $42,444.00 $56,929.00 Storage Tanks 401-2816-536-46.98 / Lift Stations $63,396.00 $59,998.00 401-2824-536-46.98 / Drainage & $30,705.00 $41,000.00 Retention Areas 431-2515-534-49.17 / NUISANCE $75,000.00 $75,000.00 ABATEMENT 631-3110-539-49.17 / Cemetery $21,000.00 $0 ADDITIONAL SERVICES $100,000.00 $100,000.00 UTILITIES ARBORIST SERVICES Included in the Utilities Accounts Above Included in the Utilities Accounts Above TOTAL $1,025,545.00 $975,654.00 A: Costs associated with these services can be adjusted by reducing service LTERNATIVES frequencies or by eliminating landscaped maintained areas. 245 of 458 246 of 458 247 of 458 248 of 458 249 of 458 250 of 458 251 of 458 252 of 458 253 of 458 254 of 458 255 of 458 256 of 458 257 of 458 258 of 458 259 of 458 260 of 458 261 of 458 262 of 458 263 of 458 264 of 458 265 of 458 266 of 458 267 of 458 268 of 458 269 of 458 270 of 458 271 of 458 272 of 458 273 of 458 274 of 458 275 of 458 276 of 458 277 of 458 278 of 458 279 of 458 280 of 458 281 of 458 282 of 458 283 of 458 284 of 458 285 of 458 286 of 458 287 of 458 288 of 458 289 of 458 290 of 458 291 of 458 292 of 458 293 of 458 294 of 458 295 of 458 296 of 458 297 of 458 298 of 458 299 of 458 300 of 458 301 of 458 302 of 458 303 of 458 304 of 458 305 of 458 306 of 458 307 of 458 308 of 458 309 of 458 310 of 458 311 of 458 312 of 458 313 of 458 314 of 458 315 of 458 316 of 458 317 of 458 318 of 458 319 of 458 320 of 458 321 of 458 322 of 458 323 of 458 324 of 458 325 of 458 326 of 458 327 of 458 328 of 458 329 of 458 330 of 458 331 of 458 332 of 458 333 of 458 334 of 458 335 of 458 336 of 458 337 of 458 338 of 458 339 of 458 340 of 458 341 of 458 342 of 458 343 of 458 344 of 458 345 of 458 346 of 458 347 of 458 348 of 458 349 of 458 350 of 458 351 of 458 352 of 458 353 of 458 354 of 458 355 of 458 356 of 458 357 of 458 358 of 458 359 of 458 360 of 458 361 of 458 362 of 458 363 of 458 364 of 458 365 of 458 366 of 458 367 of 458 9. A PUBLIC HEARING February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. 13-004 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve abandonment of a portion of the 35-foot wide Galaxy Way street right-of- way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. ER: Michael Owens of the School District of Palm Beach County, XPLANATION OF EQUEST is requesting to abandon a portion of Galaxy Way in conjunction with the modernization of Galaxy Elementary School. The 35-foot wide portion of the street right-of-way to be abandoned runs in a north-south direction for a distance of approximately 430 feet near the center of the school site, and is fully encompassed within the school property. Galaxy Way is a street that was deeded to the City through a quitclaim deed by the Florida Department of Transportation in 2010. The street was part of land acquired by the State for state highway purposes and is no longer required for such purposes. The City entered into an interlocal agreement with the School District of Palm Beach County, in which the City agreed to process a request for abandonment of this segment of Galaxy Way to facilitate the modernization of Galaxy Elementary School. The site and building layouts were previously approved by the City, recognizing the need for the School District to subsequently make formal application for abandonment. The School District has now received all utility authorizations for the requested abandonment and is ready to complete the City’s process. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of that portion of the right-of-way needed for the school project, and 368 of 458 which no longer serves a public purpose. The Planning & Development Board reviewed this application at their January 22, 2013 meeting and recommends approval of the request. H? The abandonment of the portion of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Galaxy Way will not adversely impact City services. FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 369 of 458 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE 35-FOOT WIDE GALAXY WAY STREET RIGHT-OF-WAY RUNNING NORTH AND SOUTH FOR A DISTANCE OF APPROXIMATELY 430 FEET, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Owens, agent for School District of Palm Beach County is requesting that the City abandon a portion of the 35 foot wide Galaxy Way street right-of- way running north and south for a distance of approximately 430 feet in conjunction with the modernization of Galaxy Elementary School, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the right-of-way no longer serves a public purpose, and the City Commission adopts that finding. 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, Florida, does hereby abandon a portion of the 35 foot wide Galaxy Way street right-of-way running north and south for a distance of approximately 430 feet in conjunction with the modernization of Galaxy Elementary School, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit “A” attached hereto Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ____ day of , 2013. 370 of 458 SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the 35 foot wide Galaxy Way street right-of-way running north and south for a distance of approximately 430 feet in conjunction with the modernization of Galaxy Elementary School, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit “A” attached hereto IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2013. 371 of 458 ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2013. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 372 of 458 373 of 458 374 of 458 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 12-042 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: January 7, 2013 Abandonment of a portion of the 35 foot wide Galaxy Way street right-of- SUBJECT: way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. NATURE OF REQUEST Michael Owens of the School District of Palm Beach County, is requesting to abandon a portion of Galaxy Way in conjunction with the modernization of Galaxy Elementary School. The subject property is classified PPGI (Public & Private Governmental/Institutional) land use and zoned PU (Public Usage). The school is located at the NE corner of Boynton Beach Boulevard and Interstate 95 (see Exhibit “A” – Location Map). The 35 foot wide portion of the street right-of-way to be abandoned runs in a north-south direction for a distance of approximately 430 feet, near the center of the school site. A sketch and legal description of the subject right-of-way is attached as Exhibit “B”. The applicant indicates that this portion of the street right-of-way is being vacated due to the modernization of the school which would place the building footprint in the right-of-way (see Exhibit “C” – New Galaxy Elementary School Site Plan). The site and building layouts were previously approved by the City, recognizing the need for the School District to subsequently make formal application for abandonment. The School District has received all utility authorizations for the requested abandonment and is now ready to complete the City’s process. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: To the NW is a City-owned park and to the NE are the single-family residential subdivisions of Ridgewood Manor and Ridgewood Hills; South: School property and farther south is right-of-way of Boynton Beach Boulevard; 375 of 458 East: School property and farther east is the single-family residential subdivision of Ridgewood Hills; and West: School property and farther west is right-of-way of Interstate 95. BACKGROUND Galaxy Way is a street that was deeded to the City through a quitclaim deed by the Florida Department of Transportation (FDOT) in 2010. The street was part of land acquired by the State for state highway purposes. FDOT determined the land was no longer required for such purposes and deeded the land to the City and its assigns for public purposes and to provide access to adjacent public properties. The portion of Galaxy Way requested to be abandoned is fully encompassed within the school property and serves only the school. The City entered into an interlocal agreement with the School District of Palm Beach County, in which the City agreed to process a request for abandonment of this segment of Galaxy Way to facilitate the modernization of Galaxy Elementary School, as it was understood the redesign of the site would place the school building directly over the street right-of-way. As such, the subject request is essentially a housekeeping matter to formalize and closeout the abandonment of that portion of the right-of-way needed for the school project, and which no longer serves a public purpose. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light No objection AT & T No objection Florida Public Utilities No objection Comcast No objection RECOMMENDATION Staff has determined that the abandonment of the subject portion of Galaxy Way is required to facilitate the approved modernization of Galaxy Elementary. Based on the above analysis and the fact that this portion of the right-of-way no longer serves a public purpose, staff recommends APPROVAL of the applicant’s requested abandonment. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\Galaxy Way ABAN 13-001\Staff Report.doc 376 of 458 377 of 458 378 of 458 379 of 458 EXHIBIT "D" Conditions of Approval Project name: Galaxy Way Right-of-way Abandonment File number: ABAN 13-001 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS X Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\ABAN 13-001\COA after P&D.doc 380 of 458 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Galaxy Way Right-of-way Abandonment (ABAN 13-001) APPLICANT’S AGENT: Michael Owens, School District of Palm Beach County AGENT’S ADDRESS: 3300 Forest Hill Blvd., Suite C-110, West Palm Beach, FL 33406 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2013 & March 5, 2013 TYPE OF RELIEF SOUGHT: Abandonment of a portion of the 35 foot wide Galaxy Way street right-of-way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. LOCATION OF PROPERTY: NE corner of Boynton Beach Boulevard & Interstate 95 DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “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:__________________________ _____________________________________________ 381 of 458 City Clerk S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\ABAN 13-001\DO.doc 382 of 458 9. B PUBLIC HEARING February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. R13-020 - EQUESTED CTION BY ITY OMMISSION Approve amendment to the Neighborhood Stabilization Program 1 (NSP1) Action Plan and authorize the Mayor and City Clerk to sign the NSP Substantial Amendment. ER: The City of Boynton Beach received $2,963,311 from the HUD XPLANATION OF EQUEST Neighborhood Stabilization Program round 1. As required by NSP1 program regulations, the Action Plan described all the activities to be funded with NSP1 funds. In its original application to HUD, the City delineated the use of funds as follows: Activity #1: Purchase and rehabilitation of 8 S/F units ............................................. $1,526,152.00 Activity #2: Purchase and rehabilitation of 4 S/F units ................................................ $740,828.00 (25% requirement available to persons at or below 50% AMI) Activity # 3: Redevelopment Public Facilities and Improvements ................................ $400,000.00 Activity #4: Planning and Administration of the NSP-1 Program ................................. $296,331.00 The City had budgeted up to the maximum of 10% for administrative costs in anticipation of needing additional staff assistance. However, the program was carried out using existing staff. During the funding period, one staff member retired and that position was not filled. Therefore, the City did not need to spend the administrative dollars originally budgeted and now wish to transfer these funds into project activities. HUD established an expenditure deadline of March 4, 2013 for NSP1 funds. The City seeks approval to amend the NSP1 Action Plan to expedite the use of funds as follows: a) Decreasing the funding amount for Activity #4 Planning and Administration, and, b) Increasing the funding amount for Activities #1 and #2 Purchase and Rehabilitation of abandoned or foreclosed homes, by the Boynton Beach Faith Based CDC, and c) Decreasing the funding amount for Activity #3 Redevelopment Public Facilities and Improvements as that activity was completed in the amount of $393,397.16. d) Add Activity #5 (Eligible Use E) Redevelopment of vacant and demolished properties into housing. This allows for an alternative strategy of using the NSP1 funding to Boynton Beach Faith 383 of 458 Based CDC to construct houses in the Ocean Breeze subdivision if the developer is unable to find and close on an existing foreclosed or abandoned property in time to meet the March 4, 2013 NSP1 expenditure deadline. The revised funding allocation is depicted below: Activity #1: Purchase and rehabilitation of 9 S/F units,if possible ............................. $1,592,266.86 Activity #2: Purchase and rehabilitation of 4 S/F units ................................................ $740,828.00 (25% requirement available to persons at or below 50% AMI) Activity # 3: Redevelopment Public Facilities and Improvements ................................ $393,397.16 Activity #4: Planning and Administration of the NSP-1 Program ................................. $230,216.14 Activity #5: Redevelopment of vacant or demolished properties in the Ocean Breeze subdivision Funding not to exceed $72,717.70 to be transferred from Activity #1, if needed. H? The Amendment does not reduce the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES number of properties to be assisted but rather increases the City’s NSP1 performance measures. FI: $72,717.70 will now be used for the purchase and/or rehabilitation of homes that ISCAL MPACT have been abandoned or foreclosed upon in order to sell them. If the funds are not expended, they will be recaptured by HUD, and the City will not benefit from these expenditures. A: Do not affirm the relevant portion of the referenced resolution. This will result in a LTERNATIVES loss of funding. 384 of 458 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) TO AMEND THE ACTIVITIES TO BE FUNDED WITH NSP1 FUNDS; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE NSP SUBSTANTIAL AMENDMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach received $2,963,311 from HUD Neighborhood Stabilization Program 1; and WHEREAS, the Action Plan described all the activities to be funded with NSP1 funds as was required by the program; and WHEREAS , staff is proposing a change to the delineated use of funds by decreasing the amounts allowed for Activity #3 and #4 and using those funds to increase Activity #1 and #2 for the purchase and/or rehabilitation of homes that have been abandoned or foreclosed upon in order to sell them and adding Activity #5 to redevelop vacant or demolished properties in the Ocean Breeze subdivision; and WHEREAS , upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve amending the Neighborhood Stabilization Program 1 (NSP1) by decreasing the amounts allowed for Activity #3 and #4 and using those funds to increase Activity #1 and #2 for the purchase and/or rehabilitation of homes that have been abandoned or foreclosed upon in order to sell them, adding Activity #5 to redevelop vacant or demolished properties in the Ocean Breeze subdivision, and authorizing the Mayor and City Clerk to sign the NSP Substantial Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are true and correct and are hereby 385 of 458 ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the amendment to the Neighborhood Stabilization Program 1 (NSP1) Action Plan to amend the described activities to be funded with NSP1 funds by decreasing the amounts allowed for Activity #3 and #4 and using those funds to increase Activity #1 and #2 for the purchase and/or rehabilitation of homes that have been abandoned or foreclosed upon in order to sell them and adding Activity #5 to redevelop vacant or demolished properties in the Ocean Breeze subdivision. Section 3. The Mayor and City Clerk are hereby authorized to sign the NSP Substantial Amendment, a copy of which is attached hereto as Exhibit “A”. Section 4. This Resolution shall become effective immediately upon passage. 386 of 458 PASSED AND ADOPTED this ___ day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Wayne Segal ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 387 of 458 388 of 458 389 of 458 390 of 458 391 of 458 392 of 458 393 of 458 394 of 458 395 of 458 396 of 458 397 of 458 398 of 458 399 of 458 400 of 458 401 of 458 402 of 458 403 of 458 404 of 458 405 of 458 406 of 458 407 of 458 9. C PUBLIC HEARING February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-021 - EQUESTED CTION BY ITY OMMISSION Approve amendments to the Neighborhood Stabilization Program (NSP1) Developer Agreement between the City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation (BBFBCDC). ER: Staff seeks approval to amend the Boynton Beach Faith Based XPLANATION OF EQUEST Community Development Corporation (BBFBCDC) NSP1 agreement to appropriate $72,717.70 in unexpended funds for the acquisition and rehabilitation of an abandoned or foreclosed property. This action is being considered for City Commission approval as a companion to the Public Hearing agenda item requesting the reallocation of these funds. The (BBFBCDC) was awarded NSP1 to assist the City of Boynton Beach to carry out its NSP program activities. In order to ensure the complete expenditure of NSP1 funds and meet its NSP goals, the City wishes to provide additional funds to the BBFBCDC as follows: The BBFBCDC NSP1 agreement was approved by the City Commission on April 6, 2010 through resolution #R10-039. Of the total NSP1 award of $2,963,311 to the City of Boynton Beach, an amount of $296,331 (10%) was allocated for the City’s administrative expenditures for the NSP1 program. Due to the retirement of a staff member, there are unexpended funds in the Administrative line item in the amount of $66,114.51, and an additional $6,602.84 in unexpended allocation from the Ocean Breeze project for an infra structure line item that have not been expended. Staff recommends shifting those funds to NSP1 project Activity One to offset the purchase of an additional foreclosed property or Activity Five redevelopment of vacant or demolished properties in the Ocean Breeze subdivision. US Department of Housing and Urban Development (HUD) has imposed expenditure deadlines of March 4, 2013 for 100% of NSP1 funds. If the expenditure deadlines are not met, HUD will recapture the NSP1 funds. BBFBCDC has the systems and experience to successfully assist the City to meet the NSP deadlines and spend the funds to provide one additional affordable house. 408 of 458 H? The amendments of the NSP agreements will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES assist the City in expending its NSP1 funds in a timely manner and meets its housing and community development goals. The number of properties to be assisted will be increased by the action. FI: No additional funding required and $72,717.70 will now be used to purchase an ISCAL MPACT additional affordable unit. A: If the City does not expend 100% of the NSP1 funds, they will be recaptured by HUD. LTERNATIVES 409 of 458 RESOLUTION NO. R 13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO NON-PROFIT DEVELOPER AGREEMENT WITH BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION TO PROVIDE ADDITIONAL NSP1 FUNDING FOR THE ACQUISITION AND REHABILITATION OF AN ABANDONED OR FORECLOSED PROPERTY; AND PROVIDING AN EFFECTIVE ATE. WHEREAS, the City Commission previously approved the Non-Profit Developers Agreement via Resolution R10-039 which awarded the NSP1 funding to Boynton Beach Faith Based Community Development Corporation; and WHEREAS, the City has unspent funding that it must use by March 4, 2013, and in order to ensure complete expenditure of the NSP1 funds and meet its NSP goals, the City wishes to provide additional funding to the Boynton Beach Faith Based Community development Corporation; 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 and residents to approve and authorize the City Manager to Execute Amendment No. 1 to the Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith- Based Community Development Corporation to provide additional NSP1 funding to the Boynton Beach Faith Based Community Development Corporation for the acquisition and rehabilitation of an abandoned or foreclosed property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. 410 of 458 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager and City Clerk to execute the Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith- Based Community Development Corporation to provide additional NSP1 funding to the Boynton Beach Faith Based Community Development Corporation for the acquisition and rehabilitation of an abandoned or foreclosed property, a copy of the Amendment is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Woodrow L. Hay ___________________________________ Vice Mayor – Mack McCray ___________________________________ Commissioner – Jerry Taylor ___________________________________ Commissioner – Steven Holzman ATTEST: ___________________________________ Commissioner – Wayne Segal ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 411 of 458 AMENDMENT 001 TO DEVELOPER AGREEMENT WITH BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NEIGHBORHOOD STABILIZATION PROGRAM –CFDA NO. 14.218 AWARD NUMBER B-08-MN-12-0002 Amendment 001 entered into this 19 day of February, 2013, by and between the City of Boynton Beach hereinafter referred to as “CITY” and the Boynton Beach Faith Based Community Development Corporation hereinafter referred to as “NON-PROFIT DEVELOPER.” W I T N E S S E T H: WHEREAS, CITY has received federal funding in the amount of $2,963,311 pursuant to the Neighborhood Stabilization Program under Title II of Division B of the Housing and Economic Recovery Act of 2008 hereinafter referred to as NSP1 to improve neighborhoods by reducing the number of abandoned and foreclosed homes; and WHEREAS, CITY entered into an Agreement with the Boynton Beach Faith Based Community Development Corporation, together with R.M. Lee Community Development Center, Inc. on July 26, 2010, (R10-039) to provide $2,266,980 of Neighborhood Stabilization Program-1 Grant funds for the purpose of acquiring and repairing abandoned and foreclosed homes to be rehabilitated and made available to eligible low to moderate income families; and WHEREAS, Boynton Beach Faith Based Community Development Corporation merged with R.M. Lee Community Development Center, Inc. to become Boynton Beach Faith Based Community Development Corporation; and WHEREAS, the NSP1 regulations has imposed by statute a deadline of March 04, 2013 for 100% expenditure of NSP1 funding which if not met shall result in CITY losing the unspent NSP1 funds; and WHERAS, CITY has $72,717.70 in unspent administrative funding that it wishes to transfer and expend on providing an additional housing unit(s); and WHEREAS, the parties wish to modify the Agreement; and WHEREAS, both parties mutually agree that the Agreement entered into on July 26, 2010, is hereby amended as follows: A. Change all references in the agreement to “ Boynton Beach Faith Based Community Development Corporation, together with R.M. Lee Community Development Center, Inc.” and replace with “Boynton Beach Faith Based Community Development Corporation.” B.Add the Catalog of Federal Domestic Assistance (CFDA) and NSP federal grant award numbers per audit findings. 412 of 458 C.EXHIBIT “A” – POLICY GUIDELINES FOR NEIGHBORHOOD STABILIZATION PROGRAM –OWNERSHIP; Add the following text to this section of the agreement: FUNDING AND EXPENDITURE REQUIREMENTS CITY will allocate NSP1 funding in an amount not to exceed $2,339,697 which consists of the original allocation of $2,266,980 plus an additional amount of $72,717.70. NON-PROFIT DEVELOPER must meet expenditures of not less than 100% ($2,339,697) of their total NSP1 funding awarded and submit all necessary related reimbursement documentation not later than March_04_, 2013, unless such date is amended by CITY. NON-PROFIT DEVELOPER shall diligently undertake the activities outlined in this Agreement and provide documentation to enable CITY to accurately document the expenditure of funds in the Disaster Recovery Grant Reporting (DRGR) system. NON-PROFIT DEVELOPER understands that funds not expended by said date may be withdrawn by HUD and may consequently no longer be available through this Agreement. NON-PROFIT DEVELOPER expressly agrees to complete all work required in strict accordance with the timetable as outlined in this Agreement. D.EXHIBIT “B” – SCOPE OF SERVICES, SECTION 1A Description of Project Add the following text to this section of the agreement: NON-PROFIT DEVELOPER agrees to acquire and rehabilitate at least one (1) additional housing unit for sale or use funds towards the construction of housing units in the Ocean Breeze subdivision as a result of the CITY providing additional NSP1 funding under this amendment. NOW THEREFORE, 1) all items in the original Agreement in conflict with this Amendment shall be and are hereby changed to conform to this Amendment, and 2) all provisions not in conflict with this aforementioned Amendment shall remain in full force and effect and shall be performed at the same level as specified in the Agreement. This Amendment to Agreement shall be effective upon execution by both parties. This Amendment to Agreement may be fully executed in multiple copies by all Parties, each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION have executed this agreement the day and year first above written. CITY OF BOYNTON BEACH 413 of 458 ATTEST: BY: ________________________ ______________________________ __________________, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________ City Attorney State of Florida County of Palm Beach The Foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the ____ day of ____________, 2013 by _____________ City Clerk and ______________, respectively. Notary Public, State of Florida NOTARY PUBLIC __________________________ SEAL OF OFFICE Printed, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known: no identification produced. ______________________ BOYNTON BEACH FAITH BASED COMMUNITY Witness DEVELOPMENT CORPORATION By: ___________________________________ State of Florida County of Palm Beach On this, the ____ day of ___________, 2013, before me, the undersigned Notary Public of State of Florida, the foregoing instrument was acknowledged by _________, ________, of Boynton Beach Faith Based Community Development Corporation, a Florida corporation, on behalf of the corporation. WITNESS my hand And official seal Notary Public, State of Florida 414 of 458 ________________________________ Printed, typed or stamped name of Notary Public exactly as commissioned Personally known to me or produced identification 415 of 458 10. A CITY MANAGER’S REPORT February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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: Hear presentation and update of the Utilities EQUESTED CTION BY ITY OMMISSION Department CIP Projects. ER: Staff wants provide an update of several neighborhood XPLANATION OF EQUEST CIP projects for the Commission’s general information: Group A: Neighborhood Projects ($15,450,000): The three neighborhood projects are central Seacrest ($13,000,000), Lake Boynton Estates ($1,200,000), and Pence Park lift station ($850,000). The first two projects are designed to improve water and storm-water services delivery to the communities within the central Seacrest Blvd corridor and Lake Boynton Estates. The third project, Pence Park lift station, is part of the secondary wastewater collection pipeline system that was recently installed. It will support redevelopment in the eastern part of the city and provide backup for the existing wastewater force main on Congress Avenue. The fourth of these projects, the Congress Ave valves ($400,000), will help to manage the connection between the new and existing force- mains. Group B: Raw Water East & West Plants Interconnect ($13,400,000): The raw water interconnect supports the Utilities Department’s water supply plan to meet the future water demand of our customers. It comprises a 36” raw water pipeline that will move raw water from the West Wells to be treated at the East Plant. The West Water Treatment Plant (WWTP) has abundant raw water from the 416 of 458 west wells, but limited treatment capacity; and the East Water Treatment Plant (EWTP) has extra treatment capacity but limited raw water supply from the East Wells. Thus the project exploits the benefits of the abundant raw water at the WWTP and the redundant treatment capacity at the EWTP. Group C:The West and East Plant Design-Build Projects ($30,010,000) This group of projects compliments the raw water interconnect project. It includes the construction of an Ion Exchange Resin Plant and a Raw Water Pumping Station at the West Plant, and a variety of projects needed to upgrade the permitted capacity of the East Plant. Much of the work needs to be completed by the end of 2013 due to changes in our permitted pumping capacity at the East Well Field included in our consumptive use permit. The completion of the additional storage th capacity work at the East Plant, not on the critical path, may extend through 4 quarter 2015. Reclaimed Water ($10,000,000) The Reclaimed Water Project will continue through the year 2020. For the next 5 years the city plans to spend $2,000,000 annually to extend the services to other areas of the city, beyond the current reclaimed water customers H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: All projects are identified in the Utilities Department CIP Budget. ISCAL MPACT A: Do not allow presentation LTERNATIVES 417 of 458 418 of 458 419 of 458 420 of 458 421 of 458 422 of 458 423 of 458 424 of 458 425 of 458 426 of 458 427 of 458 428 of 458 429 of 458 430 of 458 431 of 458 432 of 458 433 of 458 434 of 458 435 of 458 436 of 458 437 of 458 438 of 458 439 of 458 440 of 458 11. A UNFINISHED BUSINESS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 and approve City Manager employment EQUESTED CTION BY ITY OMMISSION agreement. ER: Per the City Commission’s authorization at the February 5, XPLANATION OF EQUEST 2013 Commission meeting the City Manager and City Attorney developed a draft employment agreement for the Commission’s discussion and approval. Also attached is a salary survey of comparable city manager contract provisions and benefits from the Broward and Palm Beach County areas. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 441 of 458 442 of 458 443 of 458 444 of 458 445 of 458 446 of 458 447 of 458 448 of 458 449 of 458 450 of 458 451 of 458 452 of 458 13. A LEGAL February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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. 13-003 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Appoint CRA Board Member to replace James Buchanan whose term has expired. ER: On March 1, 2011, via Ordinance 11-010, the City of XPLANATION OF EQUEST Boynton Beach City Commission approved the appointment of two additional members to the CRA Board, specifically James Buchanan and Mark Karageorge. The term of office for James Buchanan was two years and will expire on February 28, 2013. At the February 5, 2013 Regular City Commission meeting, the City Commission voted to appoint James Buchanan for another two year term. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 453 of 458 ORDINANCE NO. 13-003 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING A MEMBER TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT BOARD FOR THE TWO YEAR TERM, AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach has determined that it is in the best interests of the citizens and residents of the City to appoint two additional members to the Board of Commissioners of the Community Redevelopment Agency; and WHEREAS, the City Commission selected two (2) individuals for appointment to the Community Redevelopment Agency Board with staggered terms of appointment of 2 years and 4 years; and WHEREAS , James Buchanan was appointed to the 2 year term and his appointment will expire on February 28, 2013; and WHEREAS, Florida Statute §163.356 requires appointment and designation of terms of office to be by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. The following individual is hereby appointed to service on the Board of the Boynton Beach Community Redevelopment Agency for the term of office indicated next to their name: James Buchanan 2 year Term Section 3. This Ordinance shall be effective immediately after adoption. th FIRST READING this 5 day of February, 2013. 454 of 458 th SECOND, FINAL READING AND PASSAGE this 19 day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Woodrow L. Hay _____________________________ Vice Mayor – Mack McCray _____________________________ Commissioner – Jerry Taylor _____________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Commissioner – Wayne Segal _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 455 of 458 14. A FUTURE AGENDA ITEMS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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 March 2013 as Myeoloma Month - EQUESTED CTION BY ITY OMMISSION 03/05/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 456 of 458 14. B FUTURE AGENDA ITEMS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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: Schedule Closed Door Session to discuss pension EQUESTED CTION BY ITY OMMISSION as it relates to collective bargaining - TBD ER: Staff recommends scheduling the closed door session after XPLANATION OF EQUEST the March election at which time a new Commission will be seated. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 457 of 458 14. C FUTURE AGENDA ITEMS February 19, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 19, 2013 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: Adopt resolution to include the Old High School into EQUESTED CTION BY ITY OMMISSION the CRA Brownfield Designation area - March 5, 2013 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 458 of 458