Agenda 03-19-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MARCH 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).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor McCray
D. Brand Promise Statement
Announcement of Election Results
Swearing In of Mayor – Jerry Taylor
Swearing In of Commissioner District I – David T. Merker
Swearing In of Commissioner District III – Michael M. Fitzpatrick
Presentation of Plaque to Woodrow L. Hay as Mayor
Presentation of Plaque to Mack McCray as Vice Mayor
Presentation of Plaque to Steven Holzman as Commissioner District III
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. Runoff Election Proclamation - March 26, 2013 - presented by Mayor Jerry
Taylor
B. Present Citation to Woodrow L. Hay, as Mayor for the City of Boynton Beach
C. Present Citation to Mack McCray as Vice Mayor for the City of Boynton Beach
D. Present Citation to Wayne Segal, as Commissioner, District IV, for the City of
Boynton Beach
E. Present Citation to Jerry Taylor, as Commissioner District I, for the City of
Boynton Beach
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4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. 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: 1 student and 2 alternates
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Recreation and Parks Board: 1 regular and 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. 13-024
A. - Authorize the City Manager to apply
for and execute agreements and documents associated with the Urban and
Community Forestry grant on behalf of the City of Boynton Beach.
B. Approve the reclassification of an Administrative Associate position in the
Police Department to an Evidence Technician
PROPOSED RESOLUTION NO. R13-025
C. - Authorize the Mayor to sign and
execute a Memorandum of Understanding between the City and the Florida
Department of Highway Safety and Motor Vehicles to receive free driver motor
vehicle records from the State of Florida twice annually.
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D. Approve utilizing the State of Florida Contract # 250-000-09-1 with IBM Direct
for $44,624 for two servers, a 24TB Storage Area Network (SAN), VMWare
software and associated warranties/services. In addition, utilize the same State
of Florida Contract # 250-000-09-1 with Flagship Solutions Group (IBM
business partner and reseller) for $22,107 for installation services and training
E. Approval of a Commercial Interior Build-Out Grant to Flipstone Technology
Partners, Inc, contingent upon submittal of remaining documents, in the amount
of $15,000
PROPOSED RESOLUTION NO. R13-026
F. - Approve and authorize the Mayor
and City Clerk to execute a Grant Agreement allowing for the City of Boynton
Beach to match Palm Beach County's U.S. Department of Housing & Urban
Development (HUD) 108 Loan Program for Flipstone Technology Partners, Inc.
G. Accept the written report to the Commission for purchases over $10,000 for the
month of February 2013.
H. Accept the resignation of William J. Mitchell, a regular member of the Veterans
Advisory Commission
I. Approve the minutes from the Regular City Commission meeting held on March
5, 2013
7. BIDS AND PURCHASES OVER $100,000
A. Approve Property & Casualty Insurance Program Renewals for policy year
2013-2014 (April 1, 2013-March 31, 2014) .
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. Approve a New Site Plan (NWSP 13-001) to allow construction of a 954 square
foot building and associated site improvements for a motor vehicle towing
service and temporary outdoor storage area on a vacant parcel in the Light
Industrial (M-1) zoning district. Applicant: Charles Cook, Jr. City Towing LLC.
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PROPOSED ORDINANCE NO. 13-005 - FIRST READING
B. - Approve Manatee
Seaview Apartments (LUAR 13-001) reclassifying subject property from High
Density Residential (HDR) to Special High Density Residential (SHDR); and
PROPOSED ORDINANCE NO 13-006 - FIRST READING
- Approve Manatee
Seaview Apartments request for rezoning from Multi-Family Residential (R-3)
and Infill Planned Unit District (IPUD) to a single Infill Planned Unit District
(IPUD) consisting of a new master plan with 88 multi-family rental units.
Applicant: Alfred LaFave with Olen Development Corporation.
PROPOSED RESOLUTION NO. R13-027 - FIRST READING
C. - Amending and
re-designating Brownfield areas all within the boundaries of the Boynton beach
Community Redevelopment Area.
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
None
14. FUTURE AGENDA ITEMS
A. Announce joint public meeting with the City Commission and the CRA for a
"Welcome Workshop" to be held on Thursday, April 4, 2013 from 9:30 a.m. to
1:00 pm. - 4/2/13
B. Discuss Budget Workshop Dates - Tentatively set for July 22-24, 2013 in the
Library Program Room - April 2, 2013
C. Accept Quarterly Report for Economic Development Implementation Plan -
April 2, 2013
D. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan
Implementation - April 16, 2013
E. Discuss renovation and/or relocation of Police Headquarters and City Hall
Campus - May 7, 2013
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15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
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.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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Runoff Election Proclamation - March 26, 2013 -
EQUESTED CTION BY ITY OMMISSION
presented by Mayor Jerry Taylor
ER:
On March 12, 2013, a Special Election was held for Commissioner-
XPLANATION OF EQUEST
District IV and none of the four candidates received 35% of the votes cast to be declared the
winner. The Charter requires a runoff election when no one candidate receives more than 35%
of the votes cast.
This Proclamation declares all of the polling locations that will be active on Runoff Election Day.
H?
In the Run off Election for Commissioner-
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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:
In accordance with Section 20 of the Charter of the City of Boynton Beach, a
LTERNATIVES
runoff election is being held to fill the vacancy created in District IV following the resignation of
Marlene Ross.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Present Citation to Woodrow L. Hay, as Mayor for
EQUESTED CTION BY ITY OMMISSION
the City of Boynton Beach
ER:
Present Citation to Woodrow L. Hay, as Mayor, for his
XPLANATION OF EQUEST
dedication, commitment and hard work in accepting and carrying out the duties and
responsibilities of Mayor when called upon to do so.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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C I T A T I O N
Working for a government agency can be both a rewarding and challenging experience. Serving
as Mayor requires a leadership style that includes a dynamic balance of excellence and
knowledge of when to defer judgment until there is a complete understanding from both sides of
an issue and the ability to seize the moment and move forward. Woodrow L. Hay grew up in
Delray Beach and moved to the City of Boynton Beach in 1969
He was first elected to represent District II in November 2007 and was reelected in March 2010.
He was appointed by his peers as Vice Mayor for one year and then appointed Mayor in
February, 2012 to present. He also served on the Planning and Development Board as Vice
Chair and was a member of the original Boynton Beach Housing Authority. He currently sits as
Director for the Palm Beach County League of Cities and represents the City of Boynton Beach
within the organization.
Mayor Hay brought to the Commission years of experience with the Palm Beach School District
and Pratt & Whitney Aircraft/United Technologies working on computer programming, and as a
systems specialist and technical trainer. He is an Associate Minister at St. John Missionary
Baptist Church of Boynton Beach and Director of Fellowship Ministries.
Mayor Hay is devoted to making the City of Boynton Beach a better place to live and raise a
family. He is a member of the Committed Citizens Concerned About our Children, a mentoring
program, and was a member of the Board of Directors of the United Way of Palm Beach County
and Executive Secretary for the Jean Cobb’s Sickle Cell Center.
Mayor Hay has been diligent in listening to the concerns and needs of the citizens he represents
throughout District II and the entire City. He attends as many events as possible and quite often
uses his beautiful singing voice to project a positive and upbeat attitude of success for all to
appreciate and achieve. He visited all City Departments to understand the functions and
responsibilities of each sector of City government to be better informed about the services
offered by local government and forge a bridge between the citizens and staff.
Now therefore
, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, recognize with this Citation
WOODROW L. HAY
for his valuable contributions on behalf of the citizens of Boynton Beach.
In witness whereof
, I have hereunto set my hand and caused the Seal of the city of Boynton
th
Beach, Florida, to be affixed at Boynton Beach, Florida, the 19 day of March, 2013.
___________________
Attest: Jerry Taylor, Mayor
___________________________
Janet M. Prainito, MMC
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City Clerk
(Corporate Seal)
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RACC:
Present Citation to Mack McCray as Vice Mayor for
EQUESTED CTION BY ITY OMMISSION
the City of Boynton Beach
ER:
Present Citation to Mack McCray for his willingness to come
XPLANATION OF EQUEST
forward and accept the interim position as Commissioner for District II and also carrying
out the duties and responsibilities of Vice Mayor during that time
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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C I T A T I O N
Being a City Commissioner can be a diverse and rewarding experience. It requires someone
with character and the desire and ability to provide service and assistance to the public.
Mack McCray is a life-long citizen of District II in the City of Boynton Beach. He has devoted
many years and endless hours furthering the vision and growth of the City of Boynton Beach.
On May 15, 2001 he was appointed to the City Commission to fill the unexpired term of
Commissioner Bruce Black. In November 2002 he was elected to represent District II for a two
year term and was then reelected in November 2004 serving through November 2006. During
that time he was chosen by his fellow Commissioners to represent the City as Vice Mayor from
November 2004 to November 2005.
In March 2012 he was appointed to fill the vacancy in District II when Commissioner Woodrow
Hay was elevated to Mayor of the City of Boynton and in April, 2012 he was again selected by
his peers to serve as the Vice Mayor to present. During his latest tenure as Vice Mayor he has
been a positive and supportive presence throughout District II and the community at large,
making himself available to hear the needs and concerns of the citizens, and taking action where
warranted. His willingness to participate in local government whenever representation is needed
speaks volumes for his devotion and love for the City of Boynton Beach and all the citizens.
Now, therefore
, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, recognize with this Citation
MACK MCCRAY
for his extensive service to the City of Boynton Beach.
In witness whereof
, I have hereunto set my hand and caused the Seal of the City of Boynton
th
Beach, Florida to be affixed at Boynton Beach, Florida, the 19 day of March, Two thousand
and Thirteen.
_____________________________
Jerry Taylor
Mayor
Attest:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Present Citation to Wayne Segal, as
EQUESTED CTION BY ITY OMMISSION
Commissioner, District IV, for the City of Boynton Beach
ER:
Present Citation to Wayne Segal for his willingness to come
XPLANATION OF EQUEST
forward and accept the interim position as Commissioner for District IV.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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C I T A T I O N
Boynton Beach is fortunate to have many citizens who take an active role in their City and who
are committed to improving the quality of life for everyone that lives, works, plays and learns
here. One of those fine citizens is Wayne Segal who has offered his time and talent with no
expectation of reward other than the satisfaction of knowing he has made a valuable contribution
by serving as the Commissioner for District IV.
Wayne Segal started with the City in March 2000 as the Director of Media and Public Relations
and retired as the Director of Public Affairs in June of 2011. He spearheaded the movement of
the City into the world of social media and used the technology to educate and enlighten not only
the residents, but also visitors from around the world. At the current time, approximately 1,000
followers keep abreast of what is going on in Boynton Beach using the Twitter and Flicker pages
created by Mr. Segal beginning in 2008. He was responsible for creating the YouTube channel
and Vimeo accounts for uploading and sharing videos to showcase the City of Boynton Beach.
Besides his responsibilities as District IV Commissioner, he is a Communications Consultant
with Advanced Communication Strategies and is an Instructor with Palm Beach County School
District teaching blogging to adults. He has had multiple roles with the Florida Government
Communicators Association and does rewarding volunteer work teaching conversational English
to the indigenous population in San Juan, Guatemala.
In spite of his hectic schedule, he did not hesitate to accept the role as Commissioner to assist the
City and its citizens while it transitions to new members being elected. He has attended and
participated in as many events as possible during this time and had a District meeting with his
constituents to address any issues they brought forth. He carried over his social media outlets to
establish links with all residents to best serve the needs of the community he has been honored
and proud to represent.
Now therefore
, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, recognize with this Citation
WAYNE SEGAL
for his valuable contribution on behalf o the citizens of Boynton Beach.
In witness whereof
, I have hereunto set my hand and caused the Seal of the city of Boynton
th
Beach, Florida , to be affixed at Boynton Beach, Florida, the 19 day of March, 2013.
___________________
Attest: Mayor
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Present Citation to Jerry Taylor, as Commissioner
EQUESTED CTION BY ITY OMMISSION
District I, for the City of Boynton Beach
ER:
Present Citation to Jerry Taylor for his willingness to come
XPLANATION OF EQUEST
forward and accept the interim position as Commissioner for District I.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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C I T A T I O N
Perhaps the first and biggest benefit people get from being a public servant is the satisfaction of
incorporating service into their lives and making a difference in their community and country.
Jerry Taylor has led with vision, inspiration, and principles and did not hesitate to come forward to
fill the vacancy in Commission District I.
Mayor Jerry Taylor has served the City of Boynton Beach in many roles and displayed his leadership
aptitude in giving the City of Boynton Beach a bright and prosperous future. He has a talent for
building strong alliances and drawing people to a common goal. His contributions have left a legacy
of public service with dignity, hard work, and initiative.
Mayor Taylor has assisted the Palm Beach County Commission and used his expertise to liaison with
local, state, and federal organizations in furthering the goals and direction of the communities he
served. While managing the Delray News, his creative flair for community events and activities were
a winning combination. The planning, fund-raising, and recruitment needs of these dealings were
where Mayor Taylor’s motivational forte came to prominence.
While in the United States Air Force, he developed his leadership potential through continued
training and educational opportunities. His promotional career advancement led to managerial roles,
prestigious honors, and leadership distinctions.
Now therefore
, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, recognize with this Citation
Jerry Taylor
for his valuable contributions on behalf of the citizens of Boynton Beach.
In witness whereof
, I have hereunto set my hand and caused the Seal of the City of Boynton
th
Beach, Florida, to be affixed at Boynton Beach, Florida, the 19 day of March, 2013.
___________________
Attest: Jerry Taylor, Mayor
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ADMINISTRATIVE
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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: 1 student and 2 alternates
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Recreation and Parks Board: 1 regular and 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.
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FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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CONSENT AGENDA
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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. 13-024 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to apply for and execute agreements and documents associated
with the Urban and Community Forestry grant on behalf of the City of Boynton Beach.
ER:
As part of the federal government’s Urban & Community
XPLANATION OF EQUEST
Forestry Matching Grant Program, the state has funds available to develop or enhance
local urban and community forestry programs. The application deadline is March 22,
2013. Awards will be announced in May of 2013. Awarded programs and projects must
be complete by January 31, 2015. The application requires a resolution by the
governing body authorizing the City Manager to apply for and execute agreements and
documents associated with the Urban and Community Forestry grant on behalf of the City of
Boynton Beach.
H?
The School District of Palm Beach
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
County gave the City the five-acre scrub site adjacent to Galaxy Elementary school in
2012. Under that agreement, the City is responsible to maintain the scrub site. In
addition, it is important to educate youth and adults in the community of the importance
of maintaining the site for the birds and other wildlife in our community. Educational
workshops will be held with hands-on outdoor learning sessions to include planting
seedlings of native trees, shrubs and grasses in a raised bed on the scrub site. Principal
Capitano of Galaxy Elementary School fully supports this project. Galaxy students will
adopt the native nursery and help maintain the seedlings with the long-term goal of
using them to re-nourish the scrub site.
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FI:
The Galaxy Scrub project is under the grant category of Information and
ISCAL MPACT
Education and has a maximum grant award amount of $20,000. Awards are made as
50-50 matching grants (50% federal/50% local match). If the $20,000 application for
Grant is awarded acceptance will be contingent on a match of $20,000 being
appropriated in FY2013/2014 Capital Improvement Program (CIP) budget.
A:
Not apply for funding from the State of Florida, Department of Agriculture
LTERNATIVES
and Consumer Services, Forest Service for the Galaxy Scrub project and fund the project
entirely through the CIP.
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RESOLUTION R13 -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
AND AUTHORIZING THE CITY MANAGER TO
APPLY FOR AND EXECUTE AGREEMENTS AND
DOCUMENTS ASSOCIATED WITH THE URBAN AND
COMMUNITY FORESTRY GRANT ON BEHALF OF
THE CITY OF BOYNTON BEACH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS
, trees are an important part of our community; and
WHEREAS
, the City of Boynton Beach desires to apply for an Urban and Community
Forestry Grant which would provide monies in which to help fund the Galaxy Scrub project; and
WHEREAS
, the City of Boynton Beach wishes to enter into an Urban Communities
Forestry Grant Memorandum of Agreement between the City of Boynton Beach, Florida and the
Florida Department of Agriculture and Consumer Services.
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 supports the development of an educational
program to further educate its residents and local tree services on proper tree care and
maintenance.
Section 3. The City Commission hereby approves of and authorizes the City
Manager to enter into an Urban and Community Forestry Grant Memorandum of Grant
Agreement between the City of Boynton Beach, Florida and the Florida Department of
Agriculture and Consumer Services, a copy of which is attached hereto as Exhibit “A”.
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Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of March, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Wayne Segal
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. B
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 reclassification of an Administrative
EQUESTED CTION BY ITY OMMISSION
Associate position in the Police Department to an Evidence Technician
ER:
Due to a retirement in December 2012, an Administrative
XPLANATION OF EQUEST
Associate position in the Police Department was vacated. The Police Department is
requesting to reclassify the Administrative position to a civilian Evidence Technician.
Evidence is currently manned with two police officers, and approval of this request will
allow one officer to return to the road.
H?
A Police Officer will be reassigned
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
from an administrative position to Road Patrol assignment.
FI:
The Administrative Associate job classification is a pay grade 10 with
ISCAL MPACT
an hourly rate of $15.66 (annualized $32,572.80). The Evidence Technician job
classification is a pay grade 12 with an hourly rate of $17.90 (annualized $35,547.20).
The annualized increase in salary for the reclassification of this position is $2,974.40.
Retaining an officer to serve in the administrative evidence position costs a minimum of
$23.19 per hour (annualized $48,241.24). The minimum savings for returning an officer
to the road and employing a civilian Evidence Technician would be $6.10 per hour
($12.688 annualized).
A:
Two police officers will remain serving as Evidence Technicians.
LTERNATIVES
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6. C
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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. R13-025 -
EQUESTED CTION BY ITY OMMISSION
Authorize the Mayor to sign and execute a Memorandum of Understanding between the City and
the Florida Department of Highway Safety and Motor Vehicles to receive free driver motor
vehicle records from the State of Florida twice annually.
ER:
The Risk Management Department would like to receive
XPLANATION OF EQUEST
free driver motor vehicle records from the State twice annually. This entails an
electronic data exchange between the City and the State. Risk Management will work
with the ITS Department to complete this data exchange.
H?
Risk Management would like to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
receive driver license records on our drivers twice per year. This electronic (only) data
exchange will allow us to receive these reports without paying fees for hard copy
reports.
FI:
None
ISCAL MPACT
A:
Pay the $8.00 per record fee to obtain driver transcripts (hard copy)
LTERNATIVES
from the State.
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RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BOYNTON BEACH AND THE FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES FOR FREE DRIVER MOTOR VEHICLE
RECORDS FROM THE STATE OF FLORIDA TWICE
ANNUALLY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Risk Management Department uses driver motor vehicle records
periodically; and
WHEREAS
, this Memorandum of Understanding would allow the Risk Management
Department to obtain driver motor vehicle records via electronic data exchange twice annually at
no cost to the City; and
WHEREAS
, upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to approve and authorize the Mayor to execute
the Memorandum of Understanding between the City of Boynton Beach and the Florida
Department of Highway Safety and Motor Vehicles to receive free driver motor vehicle records
from the State of Florida twice annually.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve and authorize the Mayor to execute the Memorandum of Understanding between the
City of Boynton Beach and the Florida Department of Highway Safety and Motor Vehicles to
receive free driver motor vehicle records from the State of Florida twice annually, a copy of the
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Memorandum of Understanding is attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of March, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Wayne Segal
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 utilizing the State of Florida Contract #
EQUESTED CTION BY ITY OMMISSION
250-000-09-1 with IBM Direct for $44,624 for two servers, a 24TB Storage Area Network (SAN),
VMWare software and associated warranties/services. In addition, utilize the same State of
Florida Contract # 250-000-09-1 with Flagship Solutions Group (IBM business partner and
reseller) for $22,107 for installation services and training
ER:
The Police Department is requesting use of the State of
XPLANATION OF EQUEST
Florida Contract 250-000-09-1 with IBM Direct (8123 S. Hardy, Tempe, AZ 85284) for
$44,624 for two servers, a 24TB Storage Area Network (SAN), VMWare software and
associated warranties/services. In addition, utilize the same State of Florida Contract # 250-
000-09-1 with Flagship Solutions Group (IBM business partner and reseller, 3998 FAU Blvd.
Suite 308, Boca Raton, FL 33431) for $22,107 for installation services and training. The State of
Florida competitive procurement procedures meets or exceeds the City's procurement
requirements.
Currently the Police Department data network runs on 16 individual servers. Due to fact
that much of this data is law enforcement sensitive, we are unable to store it on City Hall
systems. However due to the age and outdated technology, we are faced with many
challenges.
Of these 16 servers, only 3 are less than 5 years old, two of which are used for
our CAD/RMS system.
12 of these 16 servers are over 6 years old and while they are still running, due
to the older technology, it is becoming increasingly difficult to find upgrades and
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parts to keep them operating.
Of these 16 servers, 8 were purchased 4 years ago for $450.00 (total, not each)
from a private company who was disposing of them. While they were old when
we purchased them, they did provide an adequate stopgap measure to get us
through our budget crisis.
As technology changes, so does our need to store data. The addition of digital
video, audio statements and scanned PDF files have put a tremendous strain on
the server resources. Data is consistently being moved around, burned to disc,
or written to tape so we can make room on the servers for new data, and we
have had to configure additional servers to store digital media. One system in
particular that stores our In Car Video is almost 9 years old. Due to the age of
the hardware, we are unable to upgrade to the latest software. This solution will
allow us to move this system to upgraded hardware and allow us to upgrade the
software that is used to catalog, retrieve, and maintain the videos.
The existing servers take up space, generate heat and noise, and are not part of
the City’s Green Initiative.
While we do nightly backups of all the servers, it is only a matter of time before
these systems physically fail, causing a potential for lost data and lost production.
By purchasing the above referenced configuration, we would be able to consolidate at
least 10 of these older servers into two servers and a 24 Terabyte SAN. The new
servers will be installed with a product named VMWare, which is a server virtualization
product. This allows several “virtual servers” to be run within the memory and
processor space of a single physical server.
In the proposed configuration, we will operate all of our production file and application
servers from these two physical servers. This will allow savings on our energy and
cooling costs by lowering the amount of equipment in the data center. This solution is in
line with the City’s “green” initiative to reduce our server and equipment footprint.
Additionally, this proposal includes formal classroom training for two people in VMWare,
at a cost that is a substantial savings over many commercial training centers.
The proposed solution is the next logical step for the data requirements of the
Department. We have squeezed as much life out of our existing equipment as possible,
and as mentioned above, it is just not as efficient or reliable as it once was.
H?
This allows the Police Department
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
to take advantage of cutting edge technology as it relates to virtualization, data storage,
and disaster recovery. Should we find that we need to expand our systems, it is a
simple as purchasing more disk space, instead of additional systems. We will also be
able to consolidate our data center from 6 computer racks down to 2, reducing our
space needs and our electrical consumption.
FI:
The $66,731 will be taken from the Federal Law Enforcement Trust
ISCAL MPACT
Fund account (691-0000-247-04-22) which currently shows a balance of $363,602.99.
Florida State Statute 932.7055 provides that when a law enforcement agency seizes
property or currency pursuant to the state forfeiture statues, the proceeds are deposited
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into a Law Enforcement Trust Fund. The funds may be expended for law enforcement
purposes upon request of the Chief of Police to the governing body of the municipality.
This expenditure meets the requirements of the statute in that the law enforcement
purpose is clear and this type of expenditure has not appeared in our budget at any
point.
A:
There are two alternatives, not replace the existing equipment and
LTERNATIVES
replace older servers with newer ones.
Do Not Replace Existing Equipment
In this alternative, we will do nothing and continue to operate as we are now.
Here are the problems with doing nothing.
Due to the age of the equipment, it is not a question of if they will fail, but
rather when they will fail. This exposes us to data corruption/loss, and has
us rely on restoring data from backup to other older servers.
We will continue to run a multitude of servers, continuing to generate
higher electric bills.
Older equipment does not react as well to things such as power surges,
electrical outages, etc…, putting us in a precarious position during
Hurricane Season.
Our ability to respond quickly to any type of disaster will be compromised.
Replace Older Servers with Newer Ones
At approximately $5,000 per server, we actually end up spending more
money to replace our aging equipment, than we would spend in the
recommend solution.
We will continue to run a multitude of servers, continuing to generate
higher electric bills.
Our ability to respond quickly to any type of disaster will be compromised.
Should we ever need to move the equipment, either to the Fire Station 5
Data Center or to a new Police facility, we will not only have a lot more
equipment to move (resulting in greater downtime), but we will need a lot
more space at the facility.
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6. E
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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:
Approval of a Commercial Interior Build-Out Grant
EQUESTED CTION BY ITY OMMISSION
to Flipstone Technology Partners, Inc, contingent upon submittal of remaining documents, in the
amount of $15,000
ER:
Flipstone Technology Partners, Inc is in the process of
XPLANATION OF EQUEST
acquiring property located at 3491 High Ridge Road, Boynton Beach, FL. It meets the
eligibility requirements and the standards for financial risk assessment under program
guidelines.
Due to the fact that this is a new property acquisition which has not yet occurred, the
application is deficient in items 9-11 on page 3 of the Grant form. Those items relate to
design & construction plans; quotes for work; and photos of areas where work will be
done. This is a reimbursement grant, requiring additional submissions for payment
release, and staff will require all remaining application documents prior to acceptance of
Permit Application.
Flipstone Technology Partners, Inc is relocating its business from Unincorporated Palm
Beach County to the High Ridge Park PID and will be receiving additional funding
through the Palm Beach County City Office of Economic Sustainability in the form of a
Housing and Urban Development (HUD) 108 loan in the amount of $78,000. The City
has partnered with the County to provide a required match of $78,000, $15,000 from the
Commercial Interior Build-Out Grant and $63,000 from the Economic Development
Incentive set aside of Community Development Block Grant (CDBG) funds.
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H?
As part of the City’s Economic
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Development Program, incentives have been set aside to bring business into the City
through this grant program. Flipstone Technology Partners, Inc. will bring 10 jobs into
the City over the next five years with an average wage of $54,000.
In addition, Flipstone Technology Partners Inc. has established a non-profit entity,
Flipstone Labs Expansion, which will provide outreach programs for school age
children. These programs will offer the students exposure to high-tech software
programs and robotics not found elsewhere in the country and will be available without
cost to the students. This opportunity for community outreach will help to expand
Boynton’s capabilities of producing a future uniquely technically qualified workforce and
will encourage our youth to explore high-tech job endeavors.
FI:
Payment of $15,000 will be made from the Commercial Interior Build
ISCAL MPACT
Out Program 122-2418-554-49-68.
A:
Approve lesser funding or deny award. Lesser amounts or denial of
LTERNATIVES
award will invalidate the applicant’s ability to obtain the County matching 108 funds.
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6. F
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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. R13-026 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize the Mayor and City Clerk to execute a Grant Agreement allowing for the
City of Boynton Beach to match Palm Beach County's U.S. Department of Housing & Urban
Development (HUD) 108 Loan Program for Flipstone Technology Partners, Inc.
ER:
The Palm Beach County Office of Economic Sustainability
XPLANATION OF EQUEST
has been working with City Staff to secure both County and local funding to award Flipstone
Technology Partners, Inc, incentives to assist in purchasing a site to relocate their business
within the City limits.
The County is providing $78,000 through a HUD 108 low interest loan as partial gap funding for
acquisition of real property and requires a 100% match from the City. The City is working in
partnership with Flipstone Technology Partners, Inc., to establish a progressive, social program,
offering unique educational opportunities to local school age children, which will expose them to
high tech learning experiences at no charge. This will be the first of its kind program in the
Country, and Flipstone is projecting job creation for two (2) new positions by 12/31/2014, and
ten within five (5) years, with an average wage of $54,000. The City will be providing $63,000 of
Community Development Block Grant (CDBG) funding from the $125,000 Economic
Development incentive set aside which Commission authorized for FY 2012/13. This funding is
intended to be complimented with a $15,000 Commercial Interior Build-Out Grant to reach the
required match amount of $78,000.
This allocation of CDBG funding will be used as an incentive match in partnership with Palm
Beach County’s Office of Economic and Sustainability. The City will place an encumbrance
against the property which will be subordinate to the chosen lender and Palm Beach County as
security for the jobs promised.
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H?
An additional $63,000 from the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
$125,000 CDBG Economic Development Program funding approved for FY 2012/13 will be
allocated to Flipstone Technology Partners, Inc. for acquisition, relocation and educational
programs.
FI:
$63,000 from account 110-3431-513.49-17.
ISCAL MPACT
A:
Do not match the County funding, forcing Flipstone Technology Partners,
LTERNATIVES
Inc. to forfeit the loan program.
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RESOLUTION R13 -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A GRANT AGREEMENT WITH
FLIPSTONE TECHNOLOGY PARTNERS, INC.,
ALLOWING FOR THE CITY OF BOYNTON BEACH
TO MATCH PALM BEACH COUNTY’S HUD 108 LOAN
PROGRAM FUNDS IN THE AMOUNT OF $63,000; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the Palm Beach County Office of Economic Sustainability has been
working with City staff to secure funding to award Flipstone Technology Partners, Inc.,
incentives to assist in purchasing a site to relocate their business within the City limits; and
WHEREAS
, the City is working with Flipstone Technology Partners, Inc., to establish a
progressive, social program, offering unique educational opportunities to local school age
children, which will expose them to high tech learning experiences at no charge; 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 and
authorize the Mayor and City Clerk to execute a Grant Agreement with Flipstone Technology
Partners, Inc., allowing the City of Boynton Beach to match Palm Beach County’s HUD 108
Loan Program in the amount of $63,000.
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 approves and authorizes the Mayor and City
Clerk to execute a Grant Agreement with Flipstone Technology Partners, Inc., allowing for the
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City of Boynton Beach to match Palm Beach County’s HUD 108 Loan Program funds in the
amount of $63,000, a copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of March, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Wayne Segal
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. G
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 February 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 February
2013:
Purchase Order Vendor Amount
130629 The Airtex Corporation $ 24,568.00
130651 Fl. Caribbean Architecture, Inc. $ 18,500.00
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
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
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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
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6. H
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 resignation of William J. Mitchell, a
EQUESTED CTION BY ITY OMMISSION
regular member of the Veterans Advisory Commission
ER:
William J. Mitchell has submitted his resignation as a
XPLANATION OF EQUEST
Regular member of the Veterans Advisory Commission.
H?
The Veterans Advisory
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. I
CONSENT AGENDA
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 March 5, 2013
The City Commission met on March 5, 2013 and minutes were prepared from the notes
taken at the meeting. The Florida Statutes provide that minutes of all Commission
meetings be prepared, approved and maintained in the records of the City of Boynton
Beach.
H?
A record of the actions taken by
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
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7. A
BIDS AND PURCHASES OVER $100,000
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 Property & Casualty Insurance Program
EQUESTED CTION BY ITY OMMISSION
Renewals for policy year 2013-2014 (April 1, 2013-March 31, 2014) .
ER:
On March 15, 2011, the Commission approved Arthur J
XPLANATION OF EQUEST
Gallagher & Co. and Employers’ Mutual Insurance Co. as insurance brokers for the
City’s Property & Casualty Insurance Program as a result of RFQ 025-1710-11/JMA.
The brokers submit recommendations for renewals for specific lines of insurance
coverage for consideration. Outlined below are the recommended property & casualty
insurance renewals for policy year 2013-2014 (April 1, 2013-March 31, 2014) to provide
excess insurance for self-insured Casualty program and primary insurance with fully
insured Property program. The proposals from the insurance brokers are attached.
Policy Year 4-1-12 to 3-31-13 (Current) Policy Year 4-1-13 to 3-31-14 (Renewal)
Liability $ 59,201 $ 131,690
Workers Comp $ 118,581 $ 139,473
Crime $ 2,532 $ 2,532
Utilities $ 289,000 $ 302,842
Municipal $ 696,843 $ 723,259
Total $1,166,157 $ 1,299,796
The above renewal premiums are the worst case scenario. Arthur J Gallagher,
Insurance Broker, has notified the City that there may be a revision to the Liability and
Workers’ Comp premium (lower) that they will be able to discuss at the Commission
Meeting.
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RISK MANAGEMENT DEPARTMENT
2012 PROPOSED PROPERTY & CASUALTY INSURANCE PROGRAM
Line of Insurance Policy Insurance Percent
Business Broker Year Company Limits Deductibles/SIR Premium Change
Casualty
A.J.
Gallagher 2012-
$59,201
Liability & Co. 2013 Star $2M-$4M $100,000
$118,581
Workers' 2012-
Comp. 2013 Star Statutory $500,000
A.J. Public Entity
Gallagher 2013-Excess
$131,690 122%***
Liability & Co. 2014 Liability $2M-$4M $100,000
$139,473 18%****
*Workers' 2013- New York
Comp. 2014 Marine Statutory $500,000
Crime
A.J.
Gallagher 2012-
& Co, 2013 Hanover $50,000 $1,000 $2,532
2013-
14 Hanover $50,000 $1,000 $2,532
Line of Insurance Policy Insurance Percent
Business Broker Year Company Limits Deductibles/SIR Premium Change
Property
A.J. $91M
Gallagher 2012-Lexington/ $20M
* Utilities & Co. 2013 Chartis Wind $10,000 $289,000
$91M
2012-Ace $30M
2013 American Wind $10,000 $302,842 4.79%
Westchester
2012-& Other
Municipal EMI 2013 Layers $100M $50,000 $696,843
Westchester
2013-& Other
2014 Layers $101.7M $50,000 $723,259 3.7%**
* Ongoing negotiations with incumbent carriers and alternatives. Proposed premium is not to exceed.
***Meadowbrook (Star) Insurance Company has withdrawn entirely from the market which has caused
significant changes to the excess programs. This company wrote both the excess general liability and
workers’ compensation liability. One more cause for increase, there has been many more claim bills
being signed in Tallahassee by the Governor. These are claims in the amounts over the sovereign
immunity limit of $200,000, with many of the well over a million dollars.
**** Presumption Law, Statute 112.18, states that the employer is responsible for cardiac type events,
including all medical necessities, testing and hospital stays, for Police and Firefighters until a decision is
made whether the claim is denied or accepted. We aggressively fight and most of the time, deny such
claims but typically the employee retains legal counsel. In these cases we will continue to argue the
claim and settle the claim as quickly as possible.
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**The increase shows an increase in coverage due to new appraisals by the insurance company and a
slight increase of rates.
H?
This will allow for continuing
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
program operations as currently established.
Property insurance renewals in Florida are moderately low this year due to limited
catastrophic events over the last year. The true impact of Hurricane Sandy will not be
realized for a number of years in the future. It is also beneficial that our property
insurance renewals occur in April when the capacity of the insurance market is open.
FI:
Premium costs to be allocated to Risk Management Department budget
ISCAL MPACT
line items: 522-1710-519.45-04 and 522-1710-519.45-05.
A:
LTERNATIVES
(1) The City has an alternative of insuring the Workers’ Compensation with a $1M Self
Insured Retention (SIR). This would essentially mean we would be responsible for all
workers’ compensation claims up to this limit for all claims beginning April 1, 2013. (In
the last 20 years we have had only four claims that have exceeded the SIR of $350,000
and only one over the $1M threshold.) The premium would be $105,757.
(2) City is uninsured for excess coverage of the self-insured Casualty program and
uninsured for primary insurance of the fully insured Property program.
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9. A
PUBLIC HEARING
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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 a New Site Plan (NWSP 13-001) to allow
EQUESTED CTION BY ITY OMMISSION
construction of a 954 square foot building and associated site improvements for a motor vehicle
towing service and temporary outdoor storage area on a vacant parcel in the Light Industrial (M-
1) zoning district. Applicant: Charles Cook, Jr. City Towing LLC.
ER:
Charles Cook, Jr. of City Towing is requesting new site plan
XPLANATION OF EQUEST
rd
approval to allow his business to relocate to property he owns at 510 NE 3 Street. City
Towing is currently leasing and operating from the abutting property to the south at 506
rd
NE 3 Street. Proposed is a 954 square foot building consisting of 486 square feet of
office, 468 square feet of garage for vehicle storage, a temporary outdoor storage area for
towed vehicles, and associated site improvements.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The proposed new building will generate approximately $600 in
ISCAL MPACT
additional ad valorem taxes annually in comparison to the previous development on
site. The difference in other revenues is negligible.
A:
To not approve a new site plan, resulting in the applicant having to
LTERNATIVES
rd
continue leasing at current location (506 NE 3 Street), rather than operate from a new
rd
building on company-owned property (510 NE 3 Street).
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EXHIBIT “C”
CONDITIONS OF APPROVAL
CITY TOWING (NWSP 13-001)
Project Name: City Towing
File Number: NWSP 13-001
Reference: 2ndreview plans identified as a New Site Plan with a January 8, 2013 Planning
and Zoning Department date stamp marking.
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments: None (all previous comments addressed).
FIRE
Comments:
1. The fence shall not impede access to any Fire Department
connections, fire hydrants, roads, or entry points. √
2. A flow test using the nearest fire hydrant is required to be conducted
by the Fire Department before any construction begins. Call (561)742-√
6600 to schedule the flow test.
3. All gates or barriers shall have a Knox Lock or Over-Ride or padlock
for emergency vehicle access. Gates shall be 12’ wide (in the clear)
for one-way traffic and 20’ wide (in the clear) for two-way traffic. The
angle of entry shall be such that all emergency vehicles can access √
the property in one turn, with no backing up. Gates will be field tested
by Fire Department equipment before acceptance.
4. Any further concerns will be addressed during the permit plan review
process. √
POLICE
Comments:
5. Prior to issuance of a building permit, the applicant shall prepare a
construction site security and management plan for approval by the
City’s Police Department CPTED Official. √
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DEPARTMENTS INCLUDREJECT
E
6. Security measures at a construction site are determined after a
security survey is conducted using the following procedures:
a. One (1) staging area, to store equipment and park machinery, must
be fenced.
b. The staging area must be visible from an accessible roadway to
allow effective police patrol. √
c. Lighting must be provided to allow complete visibility to the area.
d. Approved padlock for all storage trailers and equipment trailers and
park within staging area.
7. LED lighting or metal halide lighting is required for parking lot and
green space following IESNA lighting standards. LED is energy
efficient and has excellent color rendition. √
8. Landscaping shall not conflict with lighting (to include long-term tree
canopy growth). √
9. Timer clock or photocell lighting for nighttime use shall be above or
near entryways. √
10. All exterior doors shall be equipped with security hinges. √
11. The building shall be pre-wired for an alarm and surveillance system. √
12. Any landscaping (hedges) around fence shall be kept at a maximum
height of four (4) feet to allow for visibility into the compound. √
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure that
additional comments may not be generated by the commission and at √
permit review.
14. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
15. At time of permit review, submit separate surveys of each lot,
parcel, or tract.
√
16. Pursuant to approval by the City Commission and all other
outside agencies, the plans for this project must be submitted to
the Building Division for review at the time of permit application
submittal. The plans must incorporate all the conditions of
√
approval as listed in the development order and approved by the
City Commission.
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DEPARTMENTS INCLUDREJECT
E
The south wall of the building shall have a minimum 3-hour fire
17.
rating per Table 602 of the 2010 Florida Building Code, Building
√
volume. Refer to Sections 601. and 705.5.
18. Openings are not permitted in the south wall per the 2010 Florida
Building Code, Building volume Table 705.8.
√
19. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
911.
√
Palm Beach County Planning, Zoning & Building Division, 2300
a.
N. Jog Road, West Palm Beach, Florida 33411-2741(Sean
McDonald – 561-233-5016)
United States Post Office, Boynton Beach (Michelle Bullard –
b.
561-734-0872)
20. At time of permitting revise plans to clarify classification of
storage area as either S-1 or S-2. If the square footage of the
storage area exceeds 10% of the building area of the story in
which it is located, the wall separating the storage and business
√
area shall be fire rated per Table 508.4. This will depend upon the
classification of the storage area as either S-1 or S-2. (FBC Sec.
508.2, 508.2.1.)
21. The finish floor elevation of all habitable space in new construction
located in a flood zone shall be elevated a minimum of 12 inches
above the base flood elevation (BFE). The finish floor elevation of all
habitable space in new construction not located in a flood zone shall
be elevated a minimum of six inches above the surrounding ground √
elevation such that the building or structure will not experience isolated
flooding nor will there be adverse drainage impacts to adjacent
properties. Sec. 110.8 of the CBBA to the 2010 FBC.
RECREATION AND PARKS
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None (all previous comments addressed).
PLANNING AND ZONING
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DEPARTMENTS INCLUDREJECT
E
Comments:
22. This project is subject to Ordinance 07-002, the amended “Art in Public
Places” program if the total project cost is $250,000 or more. If so, the
applicant is responsible for compliance with this requirement and must
demonstrate their participation by completing an Art in Public Places √
application on the official form.
23. At time of permitting, revise site plan, civil plans, and landscape plan to
clearly match property boundaries and proposed improvements within
the abandoned area and potential leased area. Clarify plan by √
providing arrows to location of labeled items.
24. At time of permitting, Indicate all existing and proposed easements,
their purpose and widths on all plans. √
25. At time of permitting, revise site plan to label front gate as a swing gate
rather than a rolling gate. Also add circulation arrows and traffic √
pavement markings and traffic signage locations to site plan.
26. At time of permitting, revise the photometrics plan to comply with
Chapter 4, Article VII. Exterior Lighting Standards. Off street light
levels for non-residential uses may not exceed 5.9 footcandles for any √
spot reading location.
27. At time of permitting, revise the photometrics plan to include a detail of
typical freestanding light (pole) fixture including maximum height from
ground to top of light fixture, type of fixture (baffled, shielded), type of √
material (aluminum, concrete), and paint color.
28. At time of permitting, revise photometrics plan to include a detail of
typical decorative wall mounted light fixture, type of fixture (baffled,
shielded), type of material, and color. √
29. At time of permitting, revise landscape plan to move the proposed
Sabal Palm away from the building to a location between the two √
Sabal Palms along the south property line.
COMMUNITY REDEVELOPMENT AGENCY
Comments: No comments and no objection.
ADDITIONAL CONDITIONS
FROM PLANNING & DEVELOPMENT BOARD
Comments:
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DEPARTMENTS INCLUDREJECT
E
Recommend approval subject to staff’s recommended conditions.
ADDITIONAL CONDITIONS FROM CITY COMMISSION
Comments:
To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: City Towing (NWSP 13-001)
APPLICANT: Charles W. Cook, Jr.
rd
APPLICANT’S ADDRESS: 506 NE 3 Street, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 19, 2013
TYPE OF RELIEF SOUGHT: New site plan approval for construction of a 954 square
foot building and associated site improvements for a
motor vehicle towing service, consisting of 486 square feet
of office and 468 square feet of garage (vehicle storage
only, no repairs), and temporary outdoor storage of towed
vehicles on site on a vacant parcel in the Light Industrial
(M-1) zoning district.
rd
LOCATION OF PROPERTY: 510 NE 3 Street
DRAWING(S): SEE EXHIBITS “B” ATTACHED HERETO.
________ THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\City Towingl\NWSP 13-001\Development Order for NWSP 13-001.doc
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9. B
PUBLIC HEARING
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 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. 13-005 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Manatee Seaview Apartments (LUAR 13-001) reclassifying subject
property from High Density Residential (HDR) to Special High Density Residential (SHDR); and
PROPOSED ORDINANCE NO 13-006 - FIRST READING - Approve Manatee Seaview
Apartments request for rezoning from Multi-Family Residential (R-3) and Infill Planned Unit
District (IPUD) to a single Infill Planned Unit District (IPUD) consisting of a new master plan with
88 multi-family rental units. Applicant: Alfred LaFave with Olen Development Corporation.
ER:
XPLANATION OF EQUEST
The subject property is a 4.524-acre parcel located within Study Area I of the Federal Highway
Corridor Community Redevelopment Plan on the east side of US1, approximately 1,000 feet
north of the C-16 Canal. It is comprised of two (2) parcels (“A” and “B”) that extend from US1
from its western boundary to the Intracoastal Waterway to the east. Mr. Alfred LaFave is
requesting to reclassify/rezone the property in order to construct four (4) multi-family residential
buildings consisting of a total of 88 dwelling units.
The subject property was once developed with 64 mobile homes; however, in 2005, the property
was reclassified to SHDR and rezoned to IPUD by Lennar Homes in order to accommodate a
69-unit multi-family residential project (Seaview Park Club). The mobile homes were removed
and Lennar started the site work (i.e., drive aisles and parking areas), but construction of the
buildings never commenced and the project was subsequently abandoned. It should be noted
that the master plan for Seaview Park Club still remains valid and development may commence
in accordance with the approved master plan. However, this request for land use
amendment/rezoning effectively represents a major modification thereof.
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The total area for this project is larger than the original Seaview Park Club site plan. This
project proposes to add an undeveloped 0.71-acre “sliver” of land (Parcel “A”) from the abutting
Manatee Bay Apartments development to the north. The Manatee Bay Apartments is zoned R-
3 and has a future land use classification of HDR. The applicant is proposing to add the 0.71-
acre portion, reclassify the future land use from HDR to SHDR, and rezone it from R-3 to IPUD.
This application for land use amendment/rezoning represents a new master plan for the entire
development.
Staff evaluated the project based on the criteria used in accordance with the Land Development
Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to
be part of a staff analysis when a proposed change includes an amendment to the
Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. Staff determined the
application is 1) consistent with the Comprehensive Plan objectives and policies promoting an
affordable mix of housing types; 2) consistent with the established land use patterns of the
immediate area; and 3) will further the goals of the Community Redevelopment Agency and the
Federal Highway Corridor Community Redevelopment Plan.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The project would expand the City tax base. Apartment projects have higher
ISCAL MPACT
tax impact than owner-occupied dwelling units, since they are not eligible for homestead
exemptions. Staff anticipates the annual taxes and fees collected from the project would be as
follows:
$35,000 Property tax;
$51,800 Water, sewer, and stormwater fee;
$11,352 Refuse collection fee
$7,744 Fire assessment fee; and
$100 Fire inspection.
A:
Deny subject request, and maintain the land classified as both HDR (for
LTERNATIVES
Parcel “A”) and SHDR (for Parcel “B”).
S:\Planning\SHARED\WP\PROJECTS\Manatee Seaview Apartments (fka Seaview Park Club)\LUAR 13-001\Manatee Seaview
Agenda Cover Sheet 031913 - Public hearing.doc
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ORDINANCE NO. 13-____
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A
PARCEL OWNED BY MANATEE BAY APARTMENTS
CORPORATION AND LOCATED ON THE EAST SIDE OF
FEDERAL HIGHWAY APPROXIMATELY 1,000 FEET NORTH OF
THE BOYNTON C-16 CANAL; CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY RESIDENTIAL (HDR) TO
SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has
adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS,
the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS,
after two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it
in the best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as provided.
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: Ordinance No. 89-38 of the City is hereby amended to reflect the
following:
That the Future Land Use of the following described land located on the east side of
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Federal Highway approximately 1,000 feet north of the Boynton C-16 Canal at 1620 North
Federal Highway changing the land use designation from High Density Residential (HDR) to
Special High Density Residential (SHDR):
A parcel of land, being a portion of MANATEE BAY, according to the plat thereof
as recorded in Plat Book 92, Pages 170 thru 178 of the Public records of Palm Beach
County, Florida, being more particularly described as follows:
Commence at the intersection of the Northwest corner of said Manatee
Bay, said point being on the East right of way line of US Highway No 1;
thence run S.07°36'49"W., along the East right of way line of said US
Highway No 1 a distance of 307.67 feet to the Point of Beginning of the
description; thence leaving said East right of way line run
N.89°57'45"E., along said South line of Manatee Bay a distance of
971.64 feet to a point on the West line of Tract "B", thence
N.02°17'57"W., a distance of 40.94 feet; thence N.16°51'54"E., a
distance of 14.50 feet; thence leaving said West line of said Tract "B",
run N.89°57'45"E., a distance of 321.63 feet to a point on a curve whose
radius point bears N.85°52'57"E., and having as its elements a Radius
of 1732.07 feet and a central angle of 02°09'06"; thence run
Southeasterly along the arc of the curve a distance of 65.05 feet to the
South line of Manatee Bay; thence run S.89°57'45"W., along the South
line a distance of 1303.06 feet the to aforementioned East right of way
line of US Highway No 1; thence N.07°36'49"E., a distance of 10.09 feet
to the Point of Beginning.
Said Parcel contains 30,804.48 square feet, 0.708 acres more or less.
Section 3: That any maps adopted in accordance with the Future Land Use Element of
the Future Land Use Plan shall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
or appeal provisions provided by the Florida Local Government Comprehensive Planning and
Land Development Regulation Act. No party shall be vested of any right by virtue of the
adoption of this Ordinance until all statutory required review is complete and all legal
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challenges, including appeals, are exhausted. In the event that the effective date is established by
state law or special act, the provisions of state act shall control.
FIRST READING this _____ day of _______________, 2013.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Jerry Taylor
____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Wayne Segal
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF ALFRED LAFAVRE OF
OLEN DEVELOPMENT CORPORATION, AMENDING ORDINANCE
02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE EAST
SIDE OF FEDERAL HIGHWAY APPROXIMATELY 1,000 FEET
NORTH OF THE BOYNTON C-16 CANAL AT 1620 NORTH
FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN,
FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) AND
MULTI-FAMILY RESIDENTIAL (R-3) TO INFILL PLANNED UNIT
DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Alfred LaFavre, of Olen Development Corporation has filed a petition on
behalf of the owner to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the east side of Federal Highway
approximately 1,000 feet north of the Boynton C-16 Canal at 1620 North Federal Highway, as
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more fully described herein, is hereby rezoned from Infill Planned Unit Development (IPUD) and
Multi-family Residential (R-3) to Infill Planned Unit Development (IPUD):
A parcel of land, being a portion of Section 22, Township 45 South, Range 43 East, Palm Beach County,
Florida, being more particularly described as follows:
Commence at the Northwest Corner of Section 22, Township 45 South, Range 43 East, Palm Beach
County, Florida, thence run S.01°21'14"E., a distance of 305.15 feet; thence run S.89°50'30"E., a distance
of 470.37 feet to a point on the East right of way line of US Highway No. 1, said Point also being the
Point of Beginning of this description:
Thence continue S.89°50'30"E., a distance of 971.64 feet to a point on the West line of Tract "B" of
Manatee Bay, according to the plat thereof as recorded in Plat Book 92, Pages 170 thru 178 of the Public
Records of said Palm Beach County, thence N.02°06'19"W., a distance of 40.94 feet; thence
N.17°03'32"E., a distance of 14.50 feet; thence leaving said West line of said Tract "B", run
S.89°50'37"E., a distance of 321.63 feet to a point on a curve whose radius point bears N.86°04'42"E.,
and having as its elements a Radius of 1732.07 feet and a central angle of 02°09'06"; thence run
Southeasterly along the arc of said curve a distance of 65.05 feet to a point on the South line of the
aforementioned Manatee Bay; thence N.89°50'30"W., a distance of 221.69 feet to a point on a Boundary
line established by Official Records Book 17840, Page 1921 of the said Public Records of Palm Beach
County; thence run the following nine (9) courses and distances: (1) S.07°37'00"W., 0.94 feet; (2)
S.90°00'00"E., 7.92 feet; (3) Radius 10.00'(LT) Delta = 58°05'39", Arc = 10.14', a chord bearing and
distance of S.60°57'11"W., 9.71'; (4) S31°54'21"E., 34.59 feet; (5) Radius 75.00'(LT), Delta = 36°43'13",
Arc = 48.07', a chord bearing and distance of S.13°32'44"W., 47.25'; (6) S04°48'52"E., 7.30 feet; (7)
Radius = 75.00'(RT), Delta = 24°10'41", Arc = 31.65', a chord bearing and distance of S.07°16'28"W.,
31.41 feet; (8) S.19°21'49"W., 41.28'; (9) N.89°51'30"W., 55.77 feet; thence N.89°50'30"W., a distance
of 984.64 feet to the aforementioned East right of way line of said US Highway No 1; thence run
N.07°48'33"E., along said East right of way line a distance of 169.83 feet to the Point of Beginning. Said
Parcel contains 4.52 acres more or less
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this _____ day of _______________, 2013.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jerry Taylor
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
ATTEST: Commissioner – Wayne Segal
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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9. C
PUBLIC HEARING
March 19, 2013
COBB
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AIRF
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CMD:
March 19, 2013
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-027 -
EQUESTED CTION BY ITY OMMISSION
FIRST READING - Amending and re-designating Brownfield areas all within the boundaries of
the Boynton beach Community Redevelopment Area.
ER:
T
he Community Redevelopment Director has requested
XPLANATION OF EQUEST
Brownfield designation for two additional properties as a means of obtaining incentives for
redevelopment of property within the Community Redevelopment Area. The attached map
depicts the specific areas that are designated as Brownfields, including the two additional
properties.
The Florida Brownfield Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat. (2002)
(Act) provides for local governments to designate by resolution areas consisting of one or more
brownfield sites as “brownfield areas” for the purpose of environmental remediation,
rehabilitation and economic redevelopment.
H?
The existence of brownfields within a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
community may contribute to or may be a symptom of overall community decline, including
issues of human disease and illness, crime, educational and employment opportunities and
infrastructure decay. Brownfield redevelopment, properly done, can be a significant element in
community revitalization.
The State and Federal government offers financial incentives to encourage the redevelopment of
designated brownfield areas. Some of the incentives include:
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Refund of Sales Tax on building materials
$2,500 state corporate tax credit per each new job created
Loan guarantees
Clean-up liability protection
Federal tax credit for clean-up costs
FI:
The addition of this economic development incentive will lead to job creation
ISCAL MPACT
and the redevelopment of vacant or underutilized properties thereby increasing the City’s tax
base.
A:
Do not adopt the resolution.
LTERNATIVES
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RESOLUTION NO. R13- ___
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, AMENDING AND RE-
DESIGNATING BROWNFIELD AREAS ALL WITHIN
THE BOUNDARIES OF THE BOYNTON BEACH
COMMUNTIY REDEVELOPMENT AREA; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS,
the Florida Brownfield Redevelopment Act, Sec. 376.77 through Sec.
376.85, Fla. Stat. (2002) (Act) provides for local governments to designate by resolution areas
consisting of one or more brownfield sites as “brownfield areas” for the purpose of
environmental remediation, rehabilitation and economic redevelopment; and
WHEREAS,
the City of Boynton Beach, Florida, desires to amend and re-designate,
pursuant to the Act, Brownfield Areas within the boundaries of the Boynton Beach Community
Redevelopment Agency (CRA) as delineated in the attached map to secure the benefits accruing
under the Act; and,
WHEREAS
, a municipality may declare an area within a Community Redevelopment
Area a Brownfield area, and,
WHEREAS
, the Community Redevelopment Director has requested Brownfield
designation as a means of obtaining incentives for redevelopment of property within the
Community Redevelopment Area.
WHEREAS
, Brownfield designation will enable property owners to voluntarily use
State Brownfield Programs for environmental remediation, rehabilitation and economic
development; and,
WHEREAS
, per Florida Statutes 376.80(1), any property owner within the Brownfield
Area may have their property removed from the proposed designation by requesting so in
writing to the City, and,
WHEREAS
, the City has complied with the procedures outlined in the Act and has
provided notice as required by Sec. 166.041(3)(c)2 Fla. Stat.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLROIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The boundaries of the Brownfield Area are depicted on the map which is
attached hereto as Exhibit “A” and incorporated herein by reference. The Brownfield Area lies
completely within the boundaries of the Boynton Beach Community Redevelopment Area.
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Section 3. This resolution shall become effective upon its adoption following two
public hearings.
Section 4. The City shall notify the Florida Department of Environmental Projection
of the decision to designate the redevelopment area of the CRA as a brownfield area.
PASSED AND ADOPTED
this _____ day of ____________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
____________________________________
Mayor –
____________________________________
Vice Mayor –
____________________________________
Commissioner –
_____________________________________
Commissioner –
_____________________________________
Commissioner –
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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14. A
FUTURE AGENDA ITEMS
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
March 19, 2013
OMMISSION EETING ATE
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A/P UB
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ETTLEMENTS
RACC:
Announce joint public meeting with the City
EQUESTED CTION BY ITY OMMISSION
Commission and the CRA for a "Welcome Workshop" to be held on Thursday, April 4, 2013 from
9:30 a.m. to 1:00 pm. - 4/2/13
ER:
City and CRA staff have scheduled a workshop for the
XPLANATION OF EQUEST
respective boards to bring the new Commission and CRA Board up to date on
numerous projects, discuss current projects and programs and begin dialog of future
plans for the City and CRA. Lunch will be included. The Workshop will begin with a
brief tour of the City followed by a presentation and luncheon by City/CRA staff. More
details to be provided as they are developed.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
March 19, 2013
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Discuss Budget Workshop Dates - Tentatively set
EQUESTED CTION BY ITY OMMISSION
for July 22-24, 2013 in the Library Program Room - April 2, 2013
ER:
We need to establish our Budget Workshop Dates.
XPLANATION OF EQUEST
According to our TRIM requirements July 22nd, 23rd and 24th (Monday-Wednesday)
works best. We will establish daily schedules on April 2, 2013.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
March 19, 2013
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Accept Quarterly Report for Economic
EQUESTED CTION BY ITY OMMISSION
Development Implementation Plan - April 2, 2013
ER:
Staff will present its quarterly report on progress with the
XPLANATION OF EQUEST
Economic Development Implementation Plan.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
March 19, 2013
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Hear quarterly report for the 1st Qtr 2013 update on
EQUESTED CTION BY ITY OMMISSION
Climate Action Plan Implementation - April 16, 2013
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. E
FUTURE AGENDA ITEMS
March 19, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
March 19, 2013
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Discuss renovation and/or relocation of Police
EQUESTED CTION BY ITY OMMISSION
Headquarters and City Hall Campus - May 7, 2013
ER:
XPLANATION OF EQUEST
Staff will circulate a preliminary report to the City Commission during the first few weeks
of April to provide some historical perspective. The report will include “rough” estimates
for comparative purposes only. Once the Commission narrows down alternatives, staff
will proceed with more detailed cost estimates.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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