Agenda 11-19-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, NOVEMBER 19, 2013
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Woodrow L. Hay
Vice Mayor – District II
David T. Merker
Commissioner – District I
Michael M. Fitzpatrick
Commissioner – District III
Joe Casello
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 –
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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 Jerry Taylor
B. Invocation by St. Joseph's Episcopal Church
C. Pledge of Allegiance to the Flag led by Vice Mayor Hay
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
None
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: 2 regulars and 2 alternates
Code Compliance Board: 2 alternates
Community Relations Board: 3 regulars and 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 2 regulars and 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 2 alternate
Planning and Development Board: 1 regular and 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
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item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
PROPOSED RESOLUTION NO. R13-127
A. - Approve interlocal agreement
between the City of Boynton Beach and Palm Beach County for Countywide
Contractor Enrollment.
B. Approve the payment of $47,600 to ESRI, Inc. for annual ESRI software
maintenance for the City's GIS system. This software maintenance is through
the software vendor and does not lend itself to follow the City's competitive
purchase guidelines; therefore the recommendation is to authorize this as a
direct payment to the vendor as a sole source.
C. Approve the minutes from the Regular City Commission meeting held on
November 5, 2013
PROPOSED RESOLUTION NO. R13-128
D. - Accept the Florida Department of
State, Division of Historical Resources grant award in the amount of $28,552
and authorize the City Manager to execute agreements and documents
associated with the Historic Preservation grant on behalf of the City of Boynton
Beach
E. Approve the list of top ranked qualifiers as determined by the Evaluation
Committee from the submissions received in response to the Request for
Qualifications for Police Facility Design Services; RFQ No. 077-2110-13/JMA;
and authorize City Staff to conduct negotiations for compensation with the
recommended qualifiers according to Florida State Statute 287.55, Consultants'
Competitive Negotiation Act (CCNA).
F. Accept the written report to the Commission for purchases over $10,000 for the
month of October 2013.
7. BIDS AND PURCHASES OVER $100,000
None
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.
PROPOSED ORDINANCE NO. 13-033 - FIRST READING
A. - Approve
amendments to the Land Development Regulations Chapter 2, Articles I and II
establishing the necessary process to consider and act upon appeals for
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reasonable accommodations in rules, policies, practices or services to afford
eligible individuals the equal opportunity to use and enjoy housing as required
by the Americans with Disabilities Act (ADA) and/or the Fair Housing Act
(FHA). City-initiated
PROPOSED ORDINANCE NO. 13-034 - FIRST READING
B. - Approve
extension of the suspension of the application and enforcement of the
Workforce Housing Program for a period of one year.
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 13-029 - SECOND READING - PUBLIC
A.
HEARING
- Amending the Land Development Regulations updating the Zoning
Use Matrix to include Showroom/Warehouses as a new principal use and
provide definition and regulations. Applicant: City-initiated
PROPOSED ORDINANCE NO. 13-032 - SECOND READING - PUBLIC
B.
HEARING
- Approve changes to Chapter 26 - Article IV and V– of the City’s
Code of Ordinances pursuant to Chapter 62-555 of the Florida Administrative
Code (FAC) and the Florida Plumbing Code. These codes regulate Backflow
Prevention and, Oil and Grease Management programs; the revision will be
effective December 1, 2013.
PROPOSED ORDINANCE NO. 13-035 - FIRST READING
C. - Approve
amending the General Employees Pension Plan to amend SECTION 18-55 the
definition of Annual Earnings to exclude elements of pay in accordance with
amendments to §112.66(11), Florida Statutes; Amending Section 18-117
Termination of Services prior to eligibility for retirement to clarify payment start
date; Amending start date; Amending Section 18-120 Member Records; Status
Statements; Beneficiary Designation to expand classes of individuals to whom
payments may be made at death in the absence of a designated beneficiary; in
the absence of a designated beneficiary; Amending Section 18-127 to
incorporate provisions of Florida Statutes §112.66(11) and to clarify that DROP
members must terminate employment at the end of the DROP term.
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14. FUTURE AGENDA ITEMS
A. Review and Approval of the City of Boynton Beach 2014 Legislative Agenda -
12/03/13
B. Adoption of City of Boynton Beach Strategic Plan - 12/03/13
C. Discuss the collection of deceased animals from roadways. 12/3/13
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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5. A
ADMINISTRATIVE
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 2 alternates
Building Board of Adjustment and Appeals: 2 regulars and 2 alternates
Code Compliance Board: 2 alternates
Community Relations Board: 3 regulars and 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 2 regulars and 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 2 alternate
Planning and Development Board: 1 regular and 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.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 19th, 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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-127 -
EQUESTED CTION BY ITY OMMISSION
Approve interlocal agreement between the City of Boynton Beach and Palm Beach County for
Countywide Contractor Enrollment.
ER:
As part of the Six Pillars initiative to streamline the
XPLANATION OF EQUEST
permitting process, Palm Beach County’s Contractors Certification Division has
proposed to implement a countywide contractor’s registration process.
This new countywide process will simplify the process for Contractor’s by condensing to
one location for registration and license maintenance, insurance, workers compensation
coverage, local & county business tax, and authorized agent information.
The centralization of the contractor registration process will save both time and money
for all parties; as well as reduce vehicle miles driven as contractors will no longer have
to drive to the thirty-eight (38) separate building departments to register.
As an added benefit Palm Beach County will now require contractors to provide a
current business tax license from local municipalities as a pre-requisite to registering.
This will benefit the City as another check point to insure compliance with the City’s
business tax regulations.
Economic
The proposed changes will partially fulfill one of the objectives outlined in the
Development Initiatives & Implementation Plan
adopted by the City Commission on
October 18th, 2011.
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Objective #17
- Review processes for improvements.
a. Create an expeditious, streamlined process for expired/previously reviewed
projects.
b. Continue automation efforts to increase speed and accuracy of communications
related to applications, reviews and completions.
c. Expand options for administrative review to expedite development and reduce
costs due to time delays.
d. Continue efforts with the County to develop unified application and review
processes for building related activity.
H?
By streamlining the contractor
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
registration process it will reduce paperwork and staff time in updating and maintaining
license, insurance, workers compensation coverage, county business tax, and
authorized agent information
FI:
The Building Division does not currently charge a fee for registration of
ISCAL MPACT
contractors so there will be no lost revenue. Additionally there will be no cost to the City
as the contractors will pay a fee of $50 dollars to Palm Beach County for participation in
the countywide contractor registration process
A:
Do not approve the interlocal agreement and continue to require all
LTERNATIVES
contractors to register with the Building Division.
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RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH FOR THE CITY TO PARTICIPATE
IN THE COUNTYWIDE CONTRACTOR ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the County currently enrolls state licensed construction contractors and
certifies county construction contractors who wish to do business in unincorporated Palm Beach
County; and
WHEREAS,
the County maintains records pertaining to state enrolled and county
certified construction contractors including but not limited to the Contractor’s certificate of
insurance worker’s compensation policy and/or exemption and business tax receipt; and
WHEREAS
, the City wishes to utilize the Contractor information obtained by the
County in lieu of requiring Contractors to separately enroll with or obtain certification from the
City to work within the municipal limits; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
Beach to authorize execution of the Interlocal Agreement with Palm Beach County to allow the
City to participate in the Countywide Contractor Enrollment.
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 hereby authorizes the
Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach
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and Palm Beach County to allow the City to participate in the Countywide Contractor
Enrollment, a copy of said Agreement is attached hereto and made a part here as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of November, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. B
CONSENT AGENDA
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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 payment of $47,600 to ESRI, Inc. for
EQUESTED CTION BY ITY OMMISSION
annual ESRI software maintenance for the City's GIS system. This software maintenance is
through the software vendor and does not lend itself to follow the City's competitive purchase
guidelines; therefore the recommendation is to authorize this as a direct payment to the vendor
as a sole source.
ER:
XPLANATION OF EQUEST
The City of Boynton Beach’s Geographical Information System (GIS) is regarded as one
of the most respected programs in Palm Beach County. It has been an integral part of
the City’s communication and decision-making process and has proven to be a great
return on investment over the years since being deployed.
In order to keep up with the current demand of our customers for geospatial information,
the GIS system requires an annual software maintenance contract that is kept current,
providing continued support and system upgrades. We are currently utilizing ESRI
ArcGIS Server software version 10.0, which is two point versions behind the currently
available 10.2 system. Approval of the annual maintenance contract will ensure our
ability to install the newest version of the ArcGIS system. The new software offers
many features that will allow us to enhance the delivery of GIS services to our
customers and the community through our web portal.
In order to take advantage of these new features available in the new software release,
assistance from ESRI consultants will be needed in order to:
Review and confirm of our hardware/software needs
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Review dependencies, users, roles, and permissions for database access
Installation and configuration of ArcGIS Server software in our
environment
Database migration, updating of map documents, and ad-hoc support
Additional ad-hoc support with application developers as time permits
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The City’s GIS Department relies on the ESRI software to perform valuable mapping
functions and services to numerous City departments. The GIS software is integrated
with over 75% of the city’s departments and is relied heavily on our ability to ensure
uptime and accurate data transfer. We currently have 24-hour by 7-day coverage
response time for any problems or related issues. In the event that we suffer any
component failures on one or both of these products our support contract provides
optimal support to correct the issue and restore our communications ability to access
the data.
Without this coverage, the city would rely solely on the availability of our in-house staff
to troubleshoot the issues due to non-technical support from ESRI. Support is not
provided via phone support on these products even by a per incident request. This
outage could cause us to loose valuable productivity time for many of our employees
and emergency personnel who rely on those connected systems to perform their job
duties. The price of one such downtime (in unproductive man-hours) would cover the
cost of this maintenance contract.
FI:
ISCAL MPACT
This is currently budgeted in our Software Maintenance account #001-1510-513-46-91.
A:
LTERNATIVES
Forgo the annual maintenance contract and software updates and continue to utilize the
current version. This would prevent our GIS department from offering up-to-date
software features and services to our customers, and virtually eliminate the ability to
obtain support from the developers. A future decision to reinstate the maintenance
would require past years “catch up” payments with penalties, which could prove to be
more costly than to stay “current”.
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6. C
CONSENT AGENDA
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 5, 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 November 5, 2013
The City Commission met on November 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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6. D
CONSENT AGENDA
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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. R13-128 -
EQUESTED CTION BY ITY OMMISSION
Accept the Florida Department of State, Division of Historical Resources grant award in the
amount of $28,552 and authorize the City Manager to execute agreements and documents
associated with the Historic Preservation grant on behalf of the City of Boynton Beach
.
GP:UJ30,2014
RANT ERIOD PON ACCEPTANCE THRU UNE
ER:
The City has been awarded a grant to fund a heritage
XPLANATION OF EQUEST
education program comprised of several elements which will benefit schoolchildren,
residents, visitors and the local economy. The elements of the Heritage Education
Program are a Downtown Heritage Trail, a Cemetery Heritage Trail, printed educational
materials and on line educational resources. All project work must be completed by
June 30, 2014.
H?
This grant will allow the City to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
implement the first stage of what will be a long term commitment to the promotion of
heritage education. Future plans include adding future sites to the trails, combining the
historic trails with the greenway, bikeway & blueway trails throughout the city, providing
additional on line educational features, and the creation of a smart phone application to
promote the city’s history.
FI:
The grant is a 100% reimbursable grant. There is no city match
ISCAL MPACT
required. Reimbursements are made in four payments based on achieving milestones
detailed in the grant award agreement. The project will be accounted for in the Grants
Fund 105.
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A:
Not accept the grant award, which would result in not creating the
LTERNATIVES
heritage education program.
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
THE GRANT AWARD IN THE AMOUNT OF $28,552 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE HISTORIC PRESERVATION GRANT AWARD
AGREEMENT AND ALL ASSOCIATED
DOCUMENTATION BETWEEN THE CITY OF BOYNTON
BEACH AND STATE OF FLORIDA, DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City has been awarded a grant to fund a heritage education program
comprised of several elements which will benefit school children, residents, visitors and the local
economy; and
WHEREAS,
this grant will allow the City to implement the first stage of what will be a
long term commitment to the promotion of heritage education; 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 accept the Grant in the amount of $28,552
and authorize the City manager to execute the Historic Preservation Grant Award Agreement
and all associated documentation between the City Of Boynton Beach and State Of Florida,
Department Of State, Division Of Historical Resources.
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
accept the Grant in the amount of $28,552 and authorize the City manager to execute the Historic
Preservation Grant Award Agreement and all associated documentation between the City Of
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Boynton Beach and State Of Florida, Department Of State, Division Of Historical Resources, 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 November, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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 list of top ranked qualifiers as
EQUESTED CTION BY ITY OMMISSION
determined by the Evaluation Committee from the submissions received in response to the
Request for Qualifications for Police Facility Design Services; RFQ No. 077-2110-13/JMA; and
authorize City Staff to conduct negotiations for compensation with the recommended qualifiers
according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA).
ER:
XPLANATION OF EQUEST
The City issued a Request for Qualifications on August 15, 2013 seeking the services of
a qualified, LEED certified Architectural and/or Engineering Firm capable of providing
professional services for the design and construction of a new Police Facility. The RFQ
was broadcast on Demandstar.com to 1,296 professional firms and advertised in the
Palm Beach Post. On September 12, 2013, the City received seven responses to this
Request for Qualifications. The responses were reviewed and evaluated by the
Evaluation Committee and a Public Meeting was held on November 4, 2013 to reveal
the scores by each Committee Member. The summary results are as follow:
FIRM SCORE (Maximum – 400) RANKING
Architects Design Group 374.0 1
AECOM 354.0 2
PGAL 320.5 3
City staff decided not to request oral interviews from the three highest ranked firms, but
if desired, City Commission may request oral presentations.
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Based on the ranking, staff is requesting authorization to negotiate a contract with
Architects Design Group of Winter Park, Florida. If a contract cannot be successfully
negotiated between Architects Design Group and the City of Boynton Beach, the City
will commence negotiations with the second-ranked firm; and if necessary, the third
ranked firm. After successfully negotiating a contract for the services as outlined in the
RFQ, approval of the contract will be requested of the City Commission.
The RFQ Scope of Services outlines task assignments that will be provided to the
awarded consultant to establish costs for specific Task Orders in accordance with the
hourly rates that will be negotiated in the contract. Task Orders will then be submitted
to the Commission for approval.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By providing staff with the ability to negotiate a contract to assist with updating space
studies for the proposed Police Station and provide a revised “cost of construction”
estimate.
FI:
ISCAL MPACT
There is no fiscal impact as a result of this approval; a contract between the City and
the selected firm will be submitted to Commission for approval.
A:
LTERNATIVES
City Commission may request oral presentations from the qualifiers and after oral
presentations may agree with the Evaluation Committee or change the rankings. Or,
not approve the rankings as provided by the Evaluation Committee and request that a
new RFQ be advertised.
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6. F
CONSENT AGENDA
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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 October 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 October
2013:
Purchase Order Vendor Amount
140266 Aecom Technical Services, Inc. $ 22,351.00
140317 Champion Solutions Group $ 14,850.00
140336 Government Jobs.Com, Inc. $ 24,257.55
140378 Laserfiche $ 24,930.00
140384 PCMG, Inc. $ 14,395.00
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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9. A
PUBLIC HEARING
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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. 13-033 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to the Land Development Regulations Chapter 2, Articles I
and II establishing the necessary process to consider and act upon appeals for reasonable
accommodations in rules, policies, practices or services to afford eligible individuals the equal
opportunity to use and enjoy housing as required by the Americans with Disabilities Act (ADA)
and/or the Fair Housing Act (FHA). City-initiated.
ER:
The proposed amendments are necessary for compliance
XPLANATION OF EQUEST
with requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).
Title VIII of the Civil Rights Act of 1968, as amended, is known as the Fair Housing Act.
The Fair Housing Act makes it illegal to discriminate in the sale, rental, financing, or
insurance of a dwelling, or in any other type of housing related transaction on the basis
of race, sex, religion, national origin, color, disability, or familial status (the presence of
children under the age of 18 in the household). In addition, certain multifamily dwellings,
constructed after 1991, are required to be accessible to persons with disabilities.
With respect to the Fair Housing Act and the zoning and regulating of land use, the Fair
Housing Act defines a dwelling to include “any building, structure, or portion thereof
which is occupied as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease for the construction
or location thereon of any such building, structure, or portion thereof”. Therefore,
decisions related to the development or use of such land may not be based upon the
race, sex, religion, national origin, color, disability, or familial status of the residents or
potential residents who may live in the dwelling. Most significantly, zoning ordinances
may not contain provisions that treat uses such as affordable housing, supportive
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housing, or group homes for people with disabilities differently than other similar uses.
Further, municipalities may not enforce ordinances more strictly against housing
occupied by members of the protected classes compared to the enforcement of
ordinances applicable to housing occupied by the general population.
Discrimination in zoning and land use regulation may also occur when an ordinance has
direct or indirect harm or causes disproportional harm, to a protected group. Although
zoning and land use is an area where municipalities have primary power, courts have
consistently held that the Fair Housing Act prohibits local governments from exercising
their zoning and land use powers in a discriminatory manner.
In addition to prohibiting discrimination against persons with disabilities, the Fair
Housing Act also makes it unlawful to refuse to make “reasonable accommodations”, or
changes to rules, policies, practices, or services, when such accommodations are
necessary to allow persons with disabilities an equal opportunity to use or enjoy a
dwelling. Under the Fair Housing Act, an accommodation is considered “reasonable” if it
does not impose an undue financial or administrative burden and if it does not
fundamentally alter the zoning ordinance. Unless a municipality can prove that an
accommodation request is unreasonable according to the above criteria, the
municipality must grant the accommodation.
The FHA and ADA covers all other physical and mental impairments, which means
coverage goes well beyond what many typically think of as handicapped – persons in
wheelchairs or the blind. Such persons may include alcoholics, the mentally ill, persons
with learning disabilities and infirmities associated with old age. The ADA defines the
term "disability” with respect to an individual as-- (A) a physical or mental impairment
that substantially limits one or more of the major life activities of such individual; (B) a
record of such an impairment; or (C) being regarded as having such an impairment.
These regulations are consistent with Federal Law which provides an avenue for
individuals and qualified entities who believe they were denied the use and enjoyment
of property to appeal that determination.
The proposed additions to the Land Development Regulations are principally process in
substance, and are therefore being inserted into the Land Development
Regulations, Chapter 2. Land Development Process. The new process would be listed
in Chapter 2, Article I, Table 2-1, where in all processes administered by the
Department are summarized, and inserted in its entirety in Chapter 2, Article II, Section
4. Relief Regulations. This new process would represent the new subsection “F”,
Requests for Accommodation.
H?
The proposed amendments are
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
necessary for compliance with federal regulations.
FI:
No fiscal impact.
ISCAL MPACT
A:
None recommended.
LTERNATIVES
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 13-034
TO: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Planning and Zoning Director
DATE: October 17, 2013
RE: Reasonable Accommodation Application and Review Procedures
(CDRV 13-007)
– Approve amendments to the Land Development
Regulations Chapter 2, Articles I and II establishing the necessary
process to consider and act upon appeals for reasonable
accommodations in rules, policies, practices or services to afford
eligible individuals the equal opportunity to use and enjoy housing as
required by the Americans with Disabilities Act (ADA) and/or the Fair
Housing Act (FHA). City-initiated.
The rewrite of the City’s land development regulations (LDR) allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the post-
adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process,
updates and amendments to the LDR for one or more of the following reasons or initiatives:
1. Business and economic development initiatives;
2. Sustainability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or current
objectives and vision.
The proposed amendment would further reason #4, Maintaining regulatory compliance.
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BACKGROUND
Title VIII of the Civil Rights Act of 1968, as amended, is known as the Fair Housing Act. The
Fair Housing Act makes it illegal to discriminate in the sale, rental, financing, or insurance of a
dwelling, or in any other type of housing related transaction on the basis of race, sex, religion,
national origin, color, disability, or familial status (the presence of children under the age of 18
in the household). In addition, certain multifamily dwellings, constructed after 1991, are required
to be accessible to persons with disabilities.
With respect to the Fair Housing Act and the zoning and regulating of land use, the Fair
Housing Act defines a dwelling to include “any building, structure, or portion thereof which is
occupied as, or designed or intended for occupancy as, a residence by one or more families, and
any vacant land which is offered for sale or lease for the construction or location thereon of any
such building, structure, or portion thereof”. Therefore, decisions related to the development or
use of such land may not be based upon the race, sex, religion, national origin, color, disability,
or familial status of the residents or potential residents who may live in the dwelling. Similarly, a
municipality may not make zoning or land use decisions based on public concerns over being
affected by neighboring housing occupied by members of these protected classes. Most
significantly, zoning ordinances may not contain provisions that treat uses such as affordable
housing, supportive housing, or group homes for people with disabilities differently than other
similar uses. Further, municipalities may not enforce ordinances more strictly against housing
occupied by members of the protected classes compared to the enforcement of ordinances
applicable to housing occupied the general population.
Discrimination in zoning and land use regulation may also occur when an ordinance has direct or
indirect harm or causes disproportional harm, to a protected group. Although zoning and land use
is an area where municipalities have primary power, courts have consistently held that the Fair
Housing Act prohibits local governments from exercising their zoning and land use powers in a
discriminatory manner.
In addition to prohibiting discrimination against persons with disabilities, the Fair Housing Act
also makes it unlawful to refuse to make “reasonable accommodations”, or changes to rules,
policies, practices, or services, when such accommodations are necessary to allow persons with
disabilities an equal opportunity to use or enjoy a dwelling. Under the Fair Housing Act, an
accommodation is considered “reasonable” if it does not impose an undue financial or
administrative burden and if it does not fundamentally alter the zoning ordinance. Unless a
municipality can prove that an accommodation request is unreasonable according to the above
criteria, the municipality must grant the accommodation.
The FHA and ADA covers all other physical and mental impairments, which means coverage
goes well beyond what many typically think of as handicapped – persons in wheelchairs or the
blind. Such persons may include alcoholics, the mentally ill, persons with learning disabilities
and infirmities associated with old age.
The ADA defines the term "disability” with respect to an individual as-- (A) a physical or mental
impairment that substantially limits one or more of the major life activities of such individual;
(B) a record of such an impairment; or (C) being regarded as having such an impairment.
These regulations are consistent with Federal Law which provides an avenue for individuals and
qualified entities who believe they were denied the use and enjoyment of property to appeal that
determination.
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ANALYSIS & PROPOSED AMENDMENTS
The proposed additions to the Land Development Regulations are principally process in
substance, and are therefore being inserted into Chapter 2. Land Development Process. The new
process would be listed in Chapter 2, Article I, Table 2-1, where in all processes administered by
the Department are summarized, and inserted in its entirety in Chapter 2, Article II, Section 4.
Relief Regulations. This new process would represent the new subsection “F”, Requests for
Accommodation. This new process to enable and guide requests for reasonable accommodation
read as follows:
Section F.Requests for Accommodation
1. General
a. Purpose & Intent.
The purpose of this section is to implement a procedure for
processing requests for reasonable accommodation to the City’s Code of Ordinances,
Land Development Regulations, Rules, Policies, and Procedures for persons with
disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601,
et. seq.) (“FHA”) and/or Title II of the Americans with Disabilities Amendments Act (42
U.S.C. Section 12131, et. seq.) (“ADA”).
Applicability.
b. Any person who is disabled, or qualifying entities, may request a
reasonable accommodation with respect to the City’s Land Development Regulations,
Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA
and the ADA pursuant to the procedures set out in this ordinance. For purposes of this
section, a “disabled person” is an individual that qualifies as disabled and/or handicapped
under the FHA and/or ADA. The word “individual” shall include, for purposes of this
section, multiple people, or qualified entities.
c.Notice to the Public of Availability of Accommodation.
The City shall
endeavor to provide notice to the public, advising that a disabled person may request a
Reasonable Accommodation. Such notice may include, but is not limited to, displaying a
notice in the City’s public notice bulletin board and to maintain copies available for
review in the Planning and Zoning Division, the Building Division, and the City Clerk’s
Office upon request, and advising that the public disabled person may request a
reasonable accommodation as provided herein.
2.Submittal Requirements.
A request by an Applicant for reasonable accommodation
under this section shall be either oral or written. A written request may be submitted by
completion of a reasonable accommodation request form, which form is maintained by (and shall
be submitted to) the Planning and Zoning (“P&Z”) Division of the Department of Development
or other designee. The reasonable accommodation form shall contain such questions and
requests for information as are necessary for processing the reasonable accommodation request.
The reasonable accommodation request form shall be substantially in the form set forth in
Subsection D, below. The following considerations shall be applicable for any application,
information or documentation required:
Confidential Information.
a.Should the information submitted by the disabled
person to the City include medical information or records, including records indicating
the medical condition, diagnosis, or medical history of the disabled person, such disabled
374 of 487
person may, at the time of submitting such medical information, request that the City, to
the extent allowed by law, treat such medical information as confidential information of
the disabled person. The City shall thereafter endeavor to provide written notice to the
disabled person and/or their representative, of any request received by the City for
disclosure of the medical information or documentation which the disabled person has
previously requested be treated as confidential by the City. The City will cooperate with
the disabled person to the extent allowed by law, in actions initiated by such disabled
person, to oppose the disclosure of such medical information or documentation, but the
City shall have no obligation to initiate, prosecute or pursue any such action, or to incur
any legal or other expenses (whether by retention of outside counsel or allocation of
internal resources) in connection therewith, and may comply with any judicial order
without prior notice to the disabled person. This subsection shall be subject to local,
state, and federal revisions to privacy laws, including but not limited to the Health
Insurance Portability and Accountability Act (HIPAA), as it may be amended from time
to time.
Address of Applicant/Address of Housing.
b. Unless governed by 42 USC §
290dd, in which case the address shall not be required, the applicant may be requested to
provide documentation to substantiate a claim for verifying applicability.
Fee.
c. There shall be no fee imposed by the City in connection with a request for
reasonable accommodation under this section or an appeal of a determination on such
request to the City Commission, and the City shall have no obligation to pay a requesting
party’s, or an appealing party’s, as applicable, attorneys’ fees or costs in connection with
the request, or an appeal.
City Assistance.
d. The City shall provide such assistance and accommodation as is
required pursuant to FHA and ADA in connection with a disabled person’s request for
reasonable accommodation, including, without limitation, assistance with reading
application questions, responding to questions, completing the form, filing an appeal, and
appearing at a hearing, to ensure the process is accessible.
Findings for Reasonable Accommodation.
e.
(1) In determining whether the reasonable accommodation request shall be
granted or denied, the requesting party shall be required to establish that they are
protected under the FHA and/or ADA by demonstrating that they are handicapped
or disabled, as defined in the FHA and/or ADA. Although the definition of
disability is subject to judicial interpretation, for purposes of this ordinance the
disabled individual must show:
(i) a physical or mental impairment which substantially limits one or
more major life activities;
(ii) a record of having such impairment; or
(iii) that they are regarded as having such impairment.
(2) The requesting party will then have to demonstrate that the proposed
accommodations sought by the requesting party are reasonable and necessary to
afford handicapped and/or disabled persons equal opportunity to use and
enjoy housing.
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(3) The foregoing (as judicially interpreted) shall be the basis for a decision
upon a reasonable accommodation request made by the applicant to the Planning
& Zoning Director, or his/her designee, or by the Building Board of Adjustment
and Appeals in the event of an appeal.
Action by Appropriate City Official.
f. A written determination shall be issued by
the Planning Director, or his or her designee, within forty-five (45) days of receipt of an
application determined to be sufficient.
(1) If reasonably necessary to reach a determination on the request for
reasonable accommodation, the Planning & Zoning Director, or his/her designee,
may, prior to the end of said forty-five (45) day period, request additional
information from the requesting party, specifying in sufficient detail what
information is required.
(2) The requesting party shall have fifteen (15) days after the date of the
request for additional information to provide the requested information. In the
event a request for additional information is made, the forty-five (45) day period
to issue a written determination shall no longer be applicable, and the Planning &
Zoning Director, or his/her designee, shall issue a written determination within
thirty (30) days after receipt of the additional information.
(3) If the requesting party fails to provide the requested additional information
within said fifteen (15) day period, the Planning & Zoning Director, or his/her
designee, shall issue a written notice advising that the requesting party had failed
to timely submit the additional information and therefore the request for
reasonable accommodation shall be deemed abandoned and/or withdrawn and no
further action by the City with regard to said reasonable accommodation request
shall be required.
Notice of Proposed Decision.
g. The Planning & Zoning Director, or his/her
designee, shall have the authority to consider and act on requests for reasonable
accommodation. When a reasonable accommodation request form has been completed
and submitted to the Planning and Zoning Division, it will be referred to the Planning &
Zoning Director, or his/her designee, for review and consideration. The Planning &
Zoning Director, or his/her designee, shall issue a written determination within forty-five
(45) days of the date of receipt of a completed application and may, in accordance with
federal law:
(1) grant the accommodation request;
(2) grant a portion of the request and deny a portion of the request, and/or
impose conditions upon the grant of the request; or
(3) deny the request, in accordance with federal law.
Any such denial shall be in writing and shall state the grounds therefore. All written
determinations shall give notice of the right to appeal to the Building Board of
Adjustment and Appeals. The notice of determination shall be sent to the requesting
party, i.e. the disabled individual or his/her representative, by certified mail, return
receipt requested.
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Appeal.
h. Within thirty (30) days after the Planning & Zoning Director, or his/her
designee’s, determination on a reasonable accommodation request is mailed to the
requesting party, such applicant may appeal the decision. All appeals shall contain a
statement containing sufficient detail of the grounds for the appeal. Appeals shall be to
the Building Board of Adjustment and Appeals which shall, after public notice to the
parties and a public hearing for appeal, render a written determination as soon as
reasonably practicable, but in no event later than sixty (60) days after an appeal has been
filed. The decision of the Building Board of Adjustment and Appeals shall be a final
th
determination, subject only to appeal by petition of certiorari to the Fifteenth (15)
Judicial Circuit Court, pursuant to all applicable local and state laws and standards
governing petitions for certiorari.
Stay of Enforcement.
i. While an application for reasonable accommodation, or
anappeal of a determination of same, is pending before the City, the City will not enforce
the subject zoning ordinance, rules, policies, and procedures against the applicant.
3.Request Form for Reasonable Accommodation.
Contents of Reasonable Accommodation Request Form.
a. The contents of a
reasonable accommodation request form shall contain the following items, to the extent
provided by law:
(1) Name and contact information of the applicant
(2) Description of property at which reasonable accommodation is requested,
including the address of such location;
(3) Description of the accommodation and the specific regulation(s) and/or
procedure(s) from which accommodation is sought;
(4) Reasons the accommodation may be necessary for the Applicant or the
individuals with disabilities seeking the specific accommodation, and if relating to
housing, why the requested reasonable accommodation is necessary to use and
enjoy the housing;
(5) Description of the qualifying disability or handicap;
(6) Other relevant information pertaining to the disability or property that may
be needed by the City in order for it to be able to evaluate the request for
reasonable accommodation;
(7) Signature of applicant;
(8) Date of application.
4. Expiration of Approvals.
Approvals of requests for reasonable accommodation shall
expire within one hundred eighty (180) days if not implemented.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendment. These regulations are
consistent with Federal Law which provides an avenue for individuals and qualified entities who
believe they were denied the use and enjoyment of property to appeal that determination.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-007 Reasonable Accommodation\Staff Report.doc
377 of 487
9. B
PUBLIC HEARING
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-034 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve extension of the suspension of the application and enforcement of the
Workforce Housing Program for a period of one year.
ER:
The City of Boynton Beach adopted a Workforce Housing
XPLANATION OF EQUEST
Program (WHP) on April 3, 2007. The purpose of the WHP was to implement
recommendations of the 2006 Boynton Beach Housing Needs Assessment Study,
which found that the need to address the workforce housing shortage had become
urgent. The WHP requires developers of projects with a residential component to set
aside a certain percentage of units for low and moderate income households. Housing
needs of very low-income households are not addressed.
By the time the WHP was adopted, the residential real estate market in Palm Beach
County had already been in a downturn for over two years, with prices steadily falling
after their peak in November 2005. In mid-2013, the slump in the housing market
started to recover, but median home prices are still considered low for this area.
Development activity has also started to recover, with a few stalled residential projects
either changing developers or able to secure the funding necessary to begin building.
The rental housing market has also seen revitalization, with the majority of new
construction focused primarily in this market area. Staff is closely monitoring the current
rental market, and as a result of recent trends, is requesting extension of the WHP for
an additional year to examine the changes and determine the appropriate amendments
to the WHP ordinance. The requested extension would continue the suspension of
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WHP requirements until December of 2014. This project will be added to the
Management in Progress section of the 2014 Strategic Plan.
H?
The continuation of the suspension
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of WHP will allow the City to complete its analysis of the local housing market to
determine if any changes are needed to the WHP to adapt the program to today’s
housing market trends and needs of the local workforce.
FI:
None.
ISCAL MPACT
A:
Staff does not recommend any alternatives.
LTERNATIVES
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13. A
LEGAL
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-029 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Amending the Land Development Regulations
updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and
provide definition and regulations. Applicant: City-initiated
ER:
Currently, the Land Development Regulations do not
XPLANATION OF EQUEST
recognize Showroom/Warehouse as a use within the Zoning Use Matrix, and such
businesses are either treated as a retail business or a warehouse operation, depending
upon the business characteristics. As a result, this type of business is often categorized
with uses which are more intensive with respect to parking demand and traffic
characteristics. Business attraction and retention are important to the health of the City;
therefore, staff is proposing to create this new principal use to address market trends
and more accurately classify and regulate it.
Understanding that Showroom-type establishments have different operational
characteristics than department stores and home improvement big box stores relative to
the number of customers on the premises at any given point in time and thus the
amount of parking required, the proposed amendment recommends the creation of a
new principal use in the Use Matrix to recognize and regulate the use differently.
Warehouse, Showroom (limited product line) would be defined as a showroom-type
establishment in which the principal use consists of a showroom for large, space
intensive items such as furniture, major appliances, flooring, mattresses, recreational
vehicles or the like. These establishments generally have a single product line, which
differentiates them from department stores, electronics stores, home improvement
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stores and warehouse clubs in that they do not sell a wide range and mix of
merchandise.
Overall, staff believes this amendment would encourage and promote business and
economic development, thereby furthering the City’s Economic Development initiatives.
The Planning & Development Board reviewed this item at their September 24, 2013
meeting and recommended approval of the amendment. The Commission approved the
ordinance on first reading at the November 5, 2013 meeting.
Staff proposes two changes to the subject standards described in Exhibit A (attached
hereto) to further the City’s effort to attract a national recreational vehicle business to a
104,000 square foot portion of a building that has been unoccupied for years. The first
modification includes the removal of the requirement that would limit the number of rows
of recreational vehicles that could be located between the building and a right-of-way
(while retaining the minimum 90 foot setback from the right-of-way). The second
modification would allow the warranty maintenance of house systems and essential
components exclusive to recreational vehicles, as long as the maintenance is
conducted indoors or screened from any right-of-way or adjacent property. If approved
by the Commission, staff recommends that subject changes be inserted into Exhibit A of
the ordinance for Second/Final Reading.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Increases business opportunities within the City.
ISCAL MPACT
A:
Approve, approve with modifications, or deny proposed LDR
LTERNATIVES
amendments
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ORDINANCE NO. 13-029
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING PART III, LAND
DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER
1, “GENERAL ADMINISTRATION”, ARTICLE II, “DEFINITIONS”,
CHAPTER 3, “ZONING”, ARTICLE IV, “USE REGULATIONS”,
CHAPTER 4, “SITE DEVELOPMENT STANDARDS”, ARTICLE V,
“MINIMUM OFF-STREET PARKING REQUIREMENTS” UPDATING
THE ZONING USE MATRIX TO INCLUDE SHOWROOM/WAREHOUSES
AS A NEW PRINCIPAL USE INCLUDING DEFINITION AND
REGULATIONS; PROVIDING FOR CONFLICT, SEVERABILITY,
INCLUSION; AND EFFECTIVE DATE.
WHEREAS,
the City’s current Land Development Regulations does not recognize
Showroom/Warehouse as a use within the Zoning Use Matrix and such businesses are either
treated as a retail business or a warehouse operation, depending on the business characteristics;
and
WHEREAS,
as part of the process in reviewing the Land Development Regulations staff
is proposing to create this new principal use to address market trends and more accurately
classify and regulate it; and
WHEREAS,
staff recommends the adoption of the attached amendments to the Land
Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as
a new principal use and provide definition and regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations", of the City of Boynton
Beach is hereby amended as follows:
See attached Exhibit “A”
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Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 5. It is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered
or re-lettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. This Ordinance shall be effective immediately after adoption by the City
Commission.
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FIRST READING this 15th day of October, 2013.
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Jerry Taylor
_________________________________
Vice Mayor – Woodrow L. Hay
_________________________________
Commissioner – David T. Merker
_________________________________
Commissioner – Michael M. Fitzpatrick
_________________________________
Commissioner – Joe Casello
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 13-034
TO: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Planning and Zoning Director
DATE: September 17, 2013
RE: Economic Development and Interim LDR Amendments Part IV
(CDRV 13-006) – Approve amendments to the LDR to update the
Zoning Use Matrix to include Showroom/Warehouses as a new
principal use and provide definition and regulations.
OVERVIEW
The rewrite of the City’s land development regulations (LDR) allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the post-
adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process,
updates and amendments to the LDR for one or more of the following reasons or initiatives:
1. Business and economic development initiatives;
2. Sustainability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or current
objectives and vision.
The proposed amendment would further items #1 business and economic development initiatives
and #5 by adjusting existing regulations to achieve original or current objectives.
ANALYSIS
This proposed amendment was part of a previous round of Economic Development and Interim
LDR Amendments (Part II), but were removed by staff prior to the Planning & Development
Board hearing on May 28, 2013, in order to provide the newly-hired Economic Development
Manager the time necessary to review all aspects of the proposed amendment and potentially
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suggest changes. This review has been conducted and is forwarded in final format for review and
approval.
As noted in the previous staff report, the current code does not appropriately define this unique
business, and staff’s interpretation of the proposed business activities/operations inaccurately
categorizes this type of business with uses which are more intensive with respect to parking
demand and traffic characteristics. Business attraction and retention are important to the health
of the City; therefore, staff is proposing to create this new principal use to address market trends
and more accurately classify and regulate it.
Showroom/Warehouses
Staff, in an effort to increase business opportunities for larger scale retailers and assist in
facilitating the leasing of some of the vacant commercial and industrial spaces within the City, is
suggesting amendments to the Land Development Regulations (LDR) involving new definitions
that separates uses that were formerly grouped under major headings such as Merchandise, New
and Warehousing. Understanding that Showroom-type establishments have different operational
characteristics than department stores and home improvement big box stores relative to the
number of customers on the premises at any given point in time and thus the amount of parking
required, the proposed amendment recommends the creation of a new principal use in the Use
Matrix to recognize and regulate the use differently. Warehouse, Showroom (limited product
line) would be defined as a showroom-type establishment in which the principal use consists of a
showroom for large, space intensive items such as furniture, major appliances, flooring,
mattresses, recreational vehicles or the like. These establishments generally have a single
product line, which differentiates them from department stores, electronics stores, home
improvement stores and warehouse clubs in that they do not sell a wide range and mix of
merchandise. Parking for this particular use would be one (1) parking space per each 500 square
feet of gross floor area for the first 10,000 square feet and one (1) parking space for each 1,000
square feet thereafter, rather than being grouped in with typical retail uses at one (1) parking
space for each 200 square feet, again based upon the lower volume of customer traffic associated
with the limited product line.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendment. Overall, this amendment
encourages and promotes business/economic development, thereby furthering the City’s
Economic Development initiatives.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-006 Interim Amendments IV\CDRV 13-006 Staff Report.doc
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13. B
LEGAL
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 19, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
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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. 13-032 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve changes to Chapter 26 - Article IV and V–
of the City’s Code of Ordinances pursuant to Chapter 62-555 of the Florida Administrative Code
(FAC) and the Florida Plumbing Code. These codes regulate Backflow Prevention and, Oil and
Grease Management programs; the revision will be effective December 1, 2013.
ER:
The Florida Administrative Code, 62-555-360(2), requires
XPLANATION OF EQUEST
community water systems to establish a backflow prevention program that will protect
the public’s drinking water system from cross-connection and backflow of contaminants
into the potable drinking water. The amendment clarifies the purpose of the backflow
prevention program and reflects changes to the State Administrative. Furthermore, it
incorporates the application and administration of backflow prevention devices on the
use of fire hydrants. This approach will strengthen the protection of public health by
requiring the installation of backflow prevention devices on all public uses of fire
hydrants.
The Florida Plumbing Code requires the implementation of an oil and grease
management program to prevent the discharge of oil, grease or other hazardous wastes
to the collection system. The amendment will provide improved guidance to current and
future wastewater producers.
H?
The Amendment will set much
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
clearer direction and expectation for the City’s Backflow Prevention and Oil and Grease
Management programs. The existing Backflow Prevention program will be strengthened
by requiring backflow prevention devices on a metered hydrant either for construction,
cleaning, and other purposes. The Oil and Grease Management program will be refined
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to help clarify the accepted use and design of grease traps and other devices, as well
as provide a medium for recovering costs from users discharging out-of-limit wastes.
FI:
N/A
ISCAL MPACT
A:
Continue with the current Backflow and Oil and Grease Management
LTERNATIVES
programs as they exist. However, this will not reflect recent changes in the Florida
Administrative Code, and will not clarify the purpose of these programs or eliminate any
obscurities.
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ORDINANCE NO. 13-032
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 26, “WATER, SEWERS AND CITY UTILITIES”,
ARTICLES IV AND V PURSUANT TO CHAPTER 62-555
OF THE FLORIDA ADMINISTRATIVE CODE AND THE
FLORIDA PLUMBING CODE WHICH REGULATE
BACKFLOW PREVENTION AND OIL AND GREASE
MANAGEMENT PROGRAMS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, The Florida Administrative Code 62-555-360(2), requires community water
systems to establish a backflow prevention program that will protect the public’s drinking water
system from cross-connection and backflow of contaminants into the potable drinking water; and
WHEREAS
, The Florida Plumbing Code requires implementation of an oil and grease
management program to prevent the discharge of oil, grease or other hazardous wastes to the
collection system; and
WHEREAS,
City Commission of the City of Boynton Beach deems it to be in the best
interest of the citizens and residents of the City to amend Chapter 26, Article IV and V of the
City’s Code of Ordinances regarding Backflow Prevention and Oil and Grease Management
programs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. That Chapter 26, entitled “Water, Sewers and City Utilities”, Article IV
and V, is hereby amended as follows:
See Exhibit “A” attached hereto and incorporated herein.
Section 3. Each and every other provision of Chapter 26, not herein specifically
amended shall remain in full force and effect as previously enacted.
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Section 4. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective December 1, 2013.
th
FIRST READING
this 5 day of November, 2013.
SECOND, FINAL READING AND PASSAGE
this _____ day of _________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Commissioner – Joe Casello
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(CORPORATE SEAL)
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13. C
LEGAL
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 19, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-035 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amending the General Employees Pension Plan to amend SECTION 18-
55 the definition of Annual Earnings to exclude elements of pay in accordance with amendments
to §112.66(11), Florida Statutes; Amending Section 18-117 Termination of Services prior to
eligibility for retirement to clarify payment start date; Amending start date; Amending Section 18-
120 Member Records; Status Statements; Beneficiary Designation to expand classes of
individuals to whom payments may be made at death in the absence of a designated beneficiary;
in the absence of a designated beneficiary; Amending Section 18-127 to incorporate provisions
of Florida Statutes §112.66(11) and to clarify that DROP members must terminate employment
at the end of the DROP term.
ER:
In 2011, the State Legislature passed Senate Bill 1128.
XPLANATION OF EQUEST
Governor Scott signed the Bill and it became Laws of Florida 2011-36. The Law
amended provisions of three statutes concerning public pension plans: s. 112.66 F.S.
(general employees’ pension), s. 175.032 F.S. (fire pension) and s. 185.02 F.S. (police
pension). A key provision of the Law provides that after July 1, 2011 or the next
amendment to the a general employees’ Collective Bargaining Agreement, whichever
occurs last, payment for accrued unused sick leave or annual leave may not be
included as compensation when calculating a retiree’s pension benefit. The City will
incorporate those changes into the General Employees Pension Plan as well as
effectuate additional housekeeping amendments.
H?
These amendments will:
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
a. Limit what may be included in pensionable wages by
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i. restricting the number of overtime hours included in pensionable
wages to 300 hours; and
ii. further excluding the payout of sick and vacation hours from
pensionable wages.
b. Defines the person(s) who may be paid a benefit as a beneficiary upon the
death of a member in the event the member failed to make such a
designation prior to their death. This limits the liability of the Plan and
precludes claims causing expense to the Plan.
c. Lastly, require any person to be rehired by the City to terminate employment,
including any participation in the DROP program, prior to being rehired.
FI:
While the actual dollar figures are difficult to quantify; these
ISCAL MPACT
amendments should effectuate a savings to the Plan and the City.
A:
None
LTERNATIVES
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14. A
FUTURE AGENDA ITEMS
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 19, 2013
OMMISSION EETING ATE
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PENINGSUBLIC EARING
O CM’R
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ONSENT GENDAEGAL
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ETTLEMENTS
RACC:
Review and Approval of the City of Boynton Beach
EQUESTED CTION BY ITY OMMISSION
2014 Legislative Agenda - 12/03/13
ER:
Approval of a legislative agenda will give direction to the
XPLANATION OF EQUEST
City’s Lobbyist, Ballard Partners, to represent the priorities of the Commission with
State Legislators.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Adoption of City of Boynton Beach Strategic Plan -
EQUESTED CTION BY ITY OMMISSION
12/03/13
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
November 19, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 19, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discuss the collection of deceased animals from
EQUESTED CTION BY ITY OMMISSION
roadways. 12/3/13
ER:
Per the request of Commissioner Casello this item has been
XPLANATION OF EQUEST
placed on the agenda for discussion.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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