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Agenda 12-03-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, DECEMBER 3, 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 – America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 340 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Police Chaplain Rev. Rick Riccardi C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of a plaque to Rick Beau Lieu by Mayor Taylor in recognition of being selected the Grand Marshal of the 2013 Holiday Parade. 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 3 of 340 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. PROPOSED RESOLUTION NO. R13-129 A. - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach B. Approve the Bid for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 008-1412-14/MFD to the following two (2) companies: Global Trading and Special Products Group on a primary and secondary vendor basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $40,000. PROPOSED RESOLUTION NO.R13-130 C. - Approve four (4) contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 6, 2013. PROPOSED RESOLUTION NO. R13-131 D. - Accept the offer of $6,000 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Diane Dolphin of 318 Glen Arbor Terrace, Boynton Beach, Florida, 33426, in the amount of $62,000, and Waive the Right of First Refusal for this same property. E. Approve the minutes from the Regular City Commission meeting held on November 19, 2013 PROPOSED RESOLUTION NO. R13-132 F. -Authorizing the City Manager to sign the grant application with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2013 on behalf of the City of Boynton Beach. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the following expenditures from the Federal Forfeiture Account #691- 5000-590-04-22 in connection with the Police Training Officer (PTO) Program: 1) Training in the amount of $14,545.00 for The Hoover Group of Reno, Nevada, Instructor led courses from local colleges, the Broward County Sheriff's Office, IPTM in Jacksonville, Florida and travel to a police department currently operating a PTO program. 2) Lease of five (5) vehicles from Duval Fleet of Jacksonville, Florida utlizing the Florida Sheriff's Association/Florida Association of Counties & Florida Fire Chief's Association Automotive contract #13-21-0904 for a four (4) year lease 4 of 340 with a total monthly payment of $3,753.47 with a $1 buyout at the end of the lease period. 3) Vehicle Equipment in the amount of $26,210.00 for the five (5) leased vehicles from Digital Ally and L-Tron Corporation as sole source vendors and CDW-G utilizing the National IPA Technology Solutions Contract #130733. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $40,000 in the case of Cynthia Miller/Matthew Andrews v. City of Boynton Beach. 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. None 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R13-133 A. - Adopt the 2013-2014 City Commission Strategic Plan Focused Work Program and Action Items B. Approve the following modifications/changes to the personnel allocation for the following Departments/Divisions for the FY 13/14 Budget: Police (2110) Increase the number of Part time positions from zero (0) to two (2) part time positions and leaving the number of Full Time positions at 192. Communications (1810) Increase the number of Full Time positions from twenty-three (23) to twenty-six (26). PROPOSED RESOLUTION NO. R13-134 C. - Adopt 2014 City of Boynton Beach Legislative Agenda D. Discussion on repeal of Ordinance No. 090-79 creating the Boynton Beach (Proposed Community Relations Board (CRB) and sunset the board Ordinance No.13-036 - First Reading) E. Discuss handling reports of deceased animals and removal of them from public streets. 11. UNFINISHED BUSINESS None 5 of 340 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-033 - SECOND READING - PUBLIC A. HEARING - 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 PROPOSED ORDINANCE NO. 13-034 - SECOND READING - PUBLIC B. HEARING - Approve extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. PROPOSED ORDINANCE NO. 13-035 - SECOND READING - PUBLIC C. HEARING - 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. 14. FUTURE AGENDA ITEMS A. Schedule Workshop date to discuss employee pensions per Strategic Plan Action Item 3.2 - 2/18/14 B. Request by Commissioner Merker to discuss Advisory Board re-appointments be made in April of each year, after the March elections, instead of December of each year as is the current practice - 12/17/13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 6 of 340 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 340 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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: Presentation of a plaque to Rick Beau Lieu by EQUESTED CTION BY ITY OMMISSION Mayor Taylor in recognition of being selected the Grand Marshal of the 2013 Holiday Parade. ER: At their meeting on October 28, the Recreation & Parks XPLANATION OF EQUEST Advisory Board reviewed nominations that were submitted to select the Grand Marshal for the annual Holiday Parade, and chose Rick Beau Lieu. Those nominated are persons who have made a lasting impact or significant contribution to the community of Boynton Beach. Mr. Beau Lieu has made a significant contribution to Boynton Beach. He located his studio in Boynton Beach in 1986. International sculptor, art advocate and art appraiser, Rick represents and mentors artists contributing much of his time to the community. In 1989, he collaborated with local businesses to clean up the dump site along West Industrial Avenue, placed art along the street, and positively impacted the appearance of the area. He lobbied to have the area designated as the Arts District. Today it is a thriving contemporary art scene with monthly Art Walks attracting artists and visitors from all over South Florida. Rick was one of the founding members of the Arts Commission and major contributor to the Art in Public Places program. Rick still provides support to the program and continues to volunteer his time to build the program. In 2013, he volunteered his services to the first-in-the-nation International Kinetic Art Exhibit and Symposium. Rick Beau Lieu continues to be a valuable asset to our community. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The plaque will cost approximately $50 ISCAL MPACT 8 of 340 A: Do to present the plaque. LTERNATIVES 9 of 340 5. A ADMINISTRATIVE December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 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 10 of 340 11 of 340 12 of 340 13 of 340 6. A CONSENT AGENDA December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. R13-129 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach ER: Since 2009, the Palm Beach County Supervisor of Elections XPLANATION OF EQUEST has required municipalities enter into an Interlocal Agreement listing the services the Supervisor’s office would provide along with their associated costs. This Interlocal Agreement spells out all of the duties, responsibilities and fees associated with hosting municipal elections. H? Continued cooperation with the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Supervisor of Elections Office will assure smooth election cycles now and in the future. FI: During the last City-wide election held in March 2013, the cost for ISCAL MPACT services rendered by the Supervisor of Elections was $26,421.15. It is anticipated that cost will decrease substantially due to the fact that the March 2013 election was a City- wide election and the March 2014 election will be only in Districts II and IV. A: If this agreement is not approved, the City of Boynton Beach would LTERNATIVES have to conduct its own election and the City does not have the resources to do that without assistance from the Supervisor of Elections. 14 of 340 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BETWEEN THE PARTIES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, March 11, 2014, as the date for the next General Election, and if it becomes necessary, a run-off election which will be held on March 25, 2014; and WHEREAS, since 2009, the Palm Beach County Supervisor of Elections has required municipalities enter into an Interlocal Agreement listing the services her office would provide along with their associated costs; and WHEREAS , the Supervisor of Elections and the City wish to enter into this Agreement to set out the terms of this coordinated program; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, approves the Interlocal Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of Elections for vote processing equipment use and election services for the March 2014 elections. 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 approves the Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of Elections for vote processing equipment use and election services for the March 2014 elections 15 of 340 and authorizes the Mayor and the City Clerk to execute said Agreement, a copy of which is attached hereto as Exhibit “A” Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of December, 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) 16 of 340 17 of 340 18 of 340 19 of 340 20 of 340 21 of 340 22 of 340 23 of 340 24 of 340 25 of 340 26 of 340 27 of 340 28 of 340 6. B CONSENT AGENDA December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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 Bid for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 008-1412-14/MFD to the following two (2) companies: Global Trading and Special Products Group on a primary and secondary vendor basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $40,000. : D4,2013–D3,2014 CONTRACT PERIODECEMBER ECEMBER ER: On October 22, 2013, Procurement Services opened and XPLANATION OF EQUEST tabulated four (4) bids for Embroidery and Silk Screening Uniforms. All bids were reviewed by the Warehouse Manager. It was determined to recommend this award to . two (2) companies as a primary and secondaryThe award is as follows: Primary Global Trading, Inc. Discount 20% Final Item Price $74.15 Secondary Special Products Group Discount 25% Final Item Price $88.05 29 of 340 Notes Brown & Bigelow, Inc. did not complete Proposal Sheet B by not offering a price for the embroidery cost. This left the final item price incomplete. FL. Embroidered Patches and Emblems did not fill out Proposal Sheet B. Previous expenditures: FY 12/13 $39,759.58 FY 11/12 $19,305.60. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of Embroidery and Silk Screening Uniforms. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $40,000 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 30 of 340 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE : November 7, 2013 SUBJECT: Embroidery Bid # 008-1412-14/MFD I reviewed the tabulation sheet. My recommendation is to award to multiple vendors based on primary and secondary. The secondary vendor will be used in case the primary cannot deliver goods. The evaluating factors used were A) Final Item Price B) Percentage off C) Site visits. Last year’s expenditures were $39,759.58. The previous year’s expenditures were $19,305.60. This year’s expenditures will be an estimated $40,000. Primary Global Trading, Inc. Discount 20% 31 of 340 Final Item Price $74.15 Secondary Special Products Group Discount 25% Final Item Price $88.05 Notes Brown & Bigelow, Inc. did not complete Proposal Sheet B by not offering a price for the embroidery cost. This left the final item price incomplete. FL. Embroidered Patches and Emblems did not fill out Proposal Sheet B. 32 of 340 33 of 340 34 of 340 35 of 340 36 of 340 6. C CONSENT AGENDA December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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.R13-130 - EQUESTED CTION BY ITY OMMISSION Approve four (4) contracts for services for Community Development Block Grant (CDBG) sub- recipients previously approved for funding on August 6, 2013. ER: The City of Boynton Beach is in its seventeenth year XPLANATION OF EQUEST of receiving Federal Grant Funds. City Commission approved the activities and sub- recipients through Resolution 13-070 at their August 6, 2013 meeting. This Resolution will approve the contracts for sub-grantees to reflect the proposed expenditures as outlined below. The sub-recipients have submitted required budgets, scopes of services, and timelines for performance as addendum to the contracts for services to be performed. H? This program facilitates much OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES needed social and public services that are eligible under the CDBG program, provided to our community by various organizations. These factors meet the City’s objectives and priorities as set forth in the Five Year Consolidated Plan. The recipients are as follows: Aid to Victims of Domestic Abuse, Inc. ................................................ $15,000 Boynton Beach Faith-Based Community Development Corp .............. $70,000 Community Caring Center of Greater Boynton Beach, Inc. ................. $39,327 City of Boynton Beach Recreation & Parks Department ...................... $10,000 FI: HUD has approved the City’s Action Plan for fiscal year 2013/14 ISCAL MPACT with a total funding amount of $463,182.00. A total of $134,327 has been awarded to 37 of 340 these four grantees for fiscal year 2013/2014. The remaining grant dollars will assist with administrative costs and provide housing rehabilitation and economic development funding. A: None at this time. LTERNATIVES 38 of 340 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF AGREEMENTS FOR SERVICES BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND SUB-RECIPIENTS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach receives Federal Grant Funds earmarked for distribution for community development block grants; and WHEREAS , the City of Boynton Beach desires to enter into Agreements with four qualified sub-recipients, who have previously submitted all necessary documentation required, including budgets, scopes of services, and timelines for performance; and WHEREAS , a copy of each Agreement is attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize execution of Agreements between the City of Boynton Beach, Florida and sub- recipients, as follows: 1.Aid to Victims of Domestic Abuse, Inc. $15,000.00 2.Boynton Beach Faith Based Community Development Corp $70,000.00 3.Community Caring Center of Greater Boynton Beach, Inc. $39,327.00 4.City of Boynton Beach Recreation and Parks Department $10,000.00 Section 3. This Resolution will become effective immediately upon passage. rd PASSED AND ADOPTED this 3 day of December, 2013. CITY OF BOYNTON BEACH, FLORIDA 39 of 340 ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitpatrick ______________________________ ATTEST: Commissioner – Joe Casello _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 40 of 340 41 of 340 42 of 340 43 of 340 44 of 340 45 of 340 46 of 340 47 of 340 48 of 340 49 of 340 50 of 340 51 of 340 52 of 340 53 of 340 54 of 340 55 of 340 56 of 340 57 of 340 58 of 340 59 of 340 60 of 340 61 of 340 62 of 340 63 of 340 64 of 340 65 of 340 66 of 340 67 of 340 68 of 340 69 of 340 70 of 340 71 of 340 72 of 340 73 of 340 74 of 340 75 of 340 76 of 340 77 of 340 78 of 340 79 of 340 80 of 340 81 of 340 82 of 340 83 of 340 84 of 340 85 of 340 86 of 340 87 of 340 88 of 340 89 of 340 90 of 340 91 of 340 92 of 340 93 of 340 94 of 340 95 of 340 96 of 340 97 of 340 98 of 340 99 of 340 100 of 340 101 of 340 102 of 340 103 of 340 104 of 340 105 of 340 106 of 340 107 of 340 108 of 340 6. D CONSENT AGENDA December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. R13-131 - EQUESTED CTION BY ITY OMMISSION Accept the offer of $6,000 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Diane Dolphin of 318 Glen Arbor Terrace, Boynton Beach, Florida, 33426, in the amount of $62,000, and Waive the Right of First Refusal for this same property. ER: This request is to increase the short sale price to XPLANATION OF EQUEST $62,000 from $50,000, previously approved at the City Commission meeting of August 6, 2013. The lender will agree to a short sale only if the sale price of the property is increased; the buyer of the property has agreed to this price. H? As most foreclosures are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES inevitable once Lis Pendens has been filed, it is in the City’s best interest to allow the property to be transferred to a new homeowner, which will help keep the neighborhood stabilized, and receive some form of monetary recoupment though small. FI: Should the property go into foreclosure, the City has virtually no ISCAL MPACT hope of regaining any funding, and there is no indication as to how the long the property would stay vacant in the neighborhood. Allowing the short sale and bank’s offer of $6,000 will allow the City to regain dollars to subsidize its current housing assistance funds. A: Not to allow the revised short sale, and force the City into costly LTERNATIVES legal action with almost no chance of regaining any funds. 109 of 340 RESOLUTION R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE OFFER OF $6,000 AS SETTLEMENT OF THE CITY’S SECOND MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR DIANE DOLPHIN BASED ON THE CITY’S SHORT SALE POLICY FOR FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; WAIVER OF RIGHT OF FIRST REFUSAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with the assistance of the City of Boynton Beach’s first time homebuyer assistance program Diane Dolphin purchased her home at 318 Glen Arbor Terrace, Boynton Beach, Florida for $183,000 in January of 2007; and WHEREAS , the City of Boynton Beach’s second mortgage in the amount of $75,190 is a zero interest (0%) lien that runs concurrent with the first mortgage; and WHEREAS, rather than be foreclosed upon, the homeowner was able to secure a buyer for the property and their bank has agreed to a short sale in the increased short sale price from $50,000 to the revised amount of $62,000; and WHEREAS, the proposed settlement offer is in accordance with the City’s Short Sale Policy for the City’s First Time Homebuyer Assistance Program; 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 accept the offer of $6,000 as settlement of the City’s second Mortgage as a result of the proposed short sale for Diane Dolphin and to authorize the Mayor to execute the Waiver of Right of First Refusal. 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. 110 of 340 Section 2. The City Commission of the City of Boynton Beach, Florida hereby accepts the offer of $6,000 as settlement of the City’s Second Mortgage as a result of the proposed short sale for Diane Dolphin. Section 3. The Mayor is authorized to execute the Waiver of Right of First Refusal, a copy of which is attached hereto as Exhibit “A”. Section 4. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of December, 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) S:\CA\RESO\Reso - Accept Dolphin Short Sale(rev).doc 111 of 340 WAIVER OF RIGHT OF FIRST REFUSAL The CITY OF BOYNTON BEACH, FLORIDA (the "CITY"), a Florida municipal corporation, being the owner, holder and beneficiary of a right of first refusal on any sale or resale or transfer of the real property located at 318 Glen Arbor Terrace, Boynton Beach, FL 33426, hereby acknowledges that it has been offered the following described land pursuant to its right of first refusal, on the following basic terms, and the CITY hereby waives its right to exercise such right of first refusal on the following described transaction. Diane Dolphin SELLER: Brian Feldman OFFEROR/BUYER: October 18, 2012 DATE OF CONTRACT: PROPERTY DESCRIPTION: Lot 124 of GLEN ARBOR ADDITION NO. 1, according to the Plat thereof as recorded in Plat Book 25, Page 182, of the Public Records of Palm Beach County, Florida. $62,000.00 PURCHASE PRICE: WITNESS my hand and seal this _____ day of ____________, 2013. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH _____________________________ BY:___________________________ Witness JERRY TAYLOR _____________________________ MAYOR Printed Name _____________________________ Witness _____________________________ Printed Name STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _____ day of ___________ 2013, by JERRY TAYLOR as Mayor of the City of Boynton Beach a Florida municipal corporation, who is personally known to me or has produced _____________________ as identification and who did (did not) take an oath. _____________________________ NOTARY PUBLIC My Commission Expires: 112 of 340 113 of 340 114 of 340 115 of 340 116 of 340 117 of 340 6. E CONSENT AGENDA December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 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 19, 2013 The City Commission met on November 19, 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 118 of 340 119 of 340 120 of 340 121 of 340 122 of 340 123 of 340 124 of 340 125 of 340 126 of 340 6. F CONSENT AGENDA December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. R13-132 - EQUESTED CTION BY ITY OMMISSION Authorizing the City Manager to sign the grant application with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2013 on behalf of the City of Boynton Beach. ER: The purpose of this FEMA grant is to support local fire XPLANATION OF EQUEST departments by helping with the acquisition of needed equipment, vehicles, and services. Under the program, applicants can receive 90% funding for personal protective equipment (PPE) and equipment that enhances the safety and/or effectiveness of firefighting and rescue. The grant will be used to purchase Thermal Imager Cameras (TICs) & Self Contained Breathing Apparatus (SCBA) equipment. (see attached equipment listing) The estimated total price of the equipment is $995,734.95 of which $99,573.50 (10%) is a required City match. This request is for authorization to proceed with application and submittal of the FEMA grant. The Fire Department is currently completing the application to adhere to the grant application deadline of December 6, 2013. There is no guarantee of award or required acceptance. In accordance the City’s Grants Management Policy and Procedures applications that require a cash match greater than $25,000 needs to be approved by the City Commission. The specific line item for the funding has not been identified at the present time because of the short application period of the grant. The Fire department is reviewing the CIP for specific funding source to be identified if the grant is awarded and will be included in the agenda item at the time of City Commission acceptance. 127 of 340 H? If awarded, this equipment will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES replace the current SCBA’s and Thermal Imager Cameras. The SCBA’s are a required piece of PPE for each firefighter, of which the majority have surpassed the National Fire Protection Agency (NFPA) Standard 1582 of two revisions (2013 and 2008) or greater than 10 years of age for life cycle/replacement. Our current Thermal Imager Camera has been discontinued and replacement parts, batteries and chargers are no longer available. This is a vital piece of firefighting equipment that allows crews to find victims faster, thus improving chances of victim survival. FI: Total purchase price would be approximately $995,734.95. ISCAL MPACT 90% of the purchase price ($896,162.45) will be paid from the grant and the remaining will be paid by the city’s required 10% match ($99,573.50). Funding for the 10% match will need to be identified in the CIP budget at time of acceptance if the grant is awarded. A: The City of Boynton Beach could fund the entire replacement of this LTERNATIVES vital personal protective equipment and firefighting equipment from CIP or other identified accounts at an estimated cost of $995,734.95 versus the required Federal match of $99,573.50. 128 of 340 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT APPLICATION FOR THE ASSISTANCE TO FIREFIGHTERS GRANT (AFG) GENERAL PROGRAM (PART A) FY 2013 ON BEHALF OF THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. , this FEMA grant supports local fire departments by helping with the WHEREAS acquisition of needed equipment, vehicles, and services; and , applicants can receive 90% funding for personal protective equipment and WHEREAS equipment that enhances the safety and/or effectiveness of firefighting and rescue; and , the estimated total price of the equipment is $995,734.95 of which $99,573.50 WHEREAS (10%) is a required match by the City; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the citizens and residents of the City to approve and authorize the City Manager to sign the grant application for the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2013 on behalf of the City of Boynton Beach. 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 execution the City Manager to sign the grant application for the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2013 on behalf of the City of Boynton Beach, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall take effect immediately upon passage. 129 of 340 PASSED AND ADOPTED this _____ day of December, 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 (City Seal) 130 of 340 131 of 340 132 of 340 133 of 340 134 of 340 135 of 340 136 of 340 137 of 340 138 of 340 139 of 340 140 of 340 141 of 340 142 of 340 7. A BIDS AND PURCHASES OVER $100,000 December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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 following expenditures from the EQUESTED CTION BY ITY OMMISSION Federal Forfeiture Account #691-5000-590-04-22 in connection with the Police Training Officer (PTO) Program: 1) Training in the amount of $14,545.00 for The Hoover Group of Reno, Nevada, Instructor led courses from local colleges, the Broward County Sheriff's Office, IPTM in Jacksonville, Florida and travel to a police department currently operating a PTO program. 2) Lease of five (5) vehicles from Duval Fleet of Jacksonville, Florida utlizing the Florida Sheriff's Association/Florida Association of Counties & Florida Fire Chief's Association Automotive contract #13-21-0904 for a four (4) year lease with a total monthly payment of $3,753.47 with a $1 buyout at the end of the lease period. 3) Vehicle Equipment in the amount of $26,210.00 for the five (5) leased vehicles from Digital Ally and L-Tron Corporation as sole source vendors and CDW-G utilizing the National IPA Technology Solutions Contract #130733. ER: With the implementation of the Police Training Officer (PTO) XPLANATION OF EQUEST Program there are initial expenditures that are being requested to be funded from the Federal Forfeiture Account. The program will include the training of five (5) departmental personnel and vehicles with additional vehicle equipment. Trainees will learn in a synergistic team-based environment, which promotes learning, sharing, and enhancing accountability of trainees and trainers alike. Training ($14,545.00) PTOs need to attend several schools to properly train new hires within the department. 143 of 340 Basic PTO Course for the Reno Model: The topics covered include structure and function of the PTO program, adult learning theory, leadership theory as it applies to training, problem-solving, legal issues and evaluation of trainee performance. The course is offered by The Hoover Group of Reno (4344 Dant Blvd., Reno NV) and they are the sole source provider. The course will be hosted in Boynton Beach with a cost $8,500.00 including instruction, travel, per diem and lodging of . Instructor Techniques Course: The course is designed to teach basic instructor techniques to individuals who aspire to become CJSTC certified instructors. The course is offered at various local colleges throughout the year. The estimated price for this course is $260.00 per person, total $1,040.00 price . Advanced FTO/PTO Seminar: This seminar is designed to orient students with the history, elements, and roles and responsibilities of both the FTO and PTO programs. Students will also learn about leadership, evaluations, and how to deal with difficult or dysfunctional trainees. This course is offered at the Broward Sheriff’s Office and the cost is $395.00 per person, $1,975.00 total price . Managing the Patrol FTO Program: This course focuses on the responsibility of the FTO program manager and shift supervisors. This course is offered at IPTM in Jacksonville Florida. The cost for this course is $495.00 per person, lodging for 3 nights $300.00 per person and per diem for $1,830.00 3 days $120 for a total of $915.00 per person, total costs for 2 employees is . Trip to PTO Police Department: As part of the program implementation we will send the PTO supervisor to a police department that is currently using the PTO program. This will allow not only classroom knowledge, but also hands on learning of the ins and outs of the program. A location/date/time has not been selected but it will be in the next few months. The cost for this trip is estimated at $1,000.00 using the Reno Police Department as an example $1,200.00 plus per diem of $200.00 for 5 days for an estimated total of . Vehicles (4-year lease, $3,753.47 per month) The following vehicles (four (4) Ford Interceptors and one (1) Ford Interceptor SUV) will be leased via Florida Sheriff’s Association/Florida Association of Counties & Florida Fire Chief’s Association Automotive Contract #13.21.0904 with Duval Fleet, 1616 Cassat Avenue, Jacksonville, FL for $180,166.56 over the four (4) year lease period. The Florida Sheriff’s Association/Florida Association of Counties & Florida Fire Chief’s Association Automotive pricing procurement procedure meets or exceeds the City's procurement requirements. It should be noted, this is a four (4) year lease committing the City to make monthly payments ($760.36 for Ford Interceptor and $712.03 for Ford Interceptor SUV) with an option to purchase the vehicles at the end of the lease for $1.00. The monthly lease payment for the five (5) vehicles total $3,753.47. The first year expense will come out of the Federal Forfeiture Account; the remaining monthly lease payments will be included in the Police operating budgets for the fiscal years 2015-2018. 144 of 340 Vehicle Equipment ($26,210.00) While the vehicles from Duval Fleet include basic equipment to include lights, siren and graphics there is some additional equipment needed. In-Car Video Camera/Accessories: Five (5) In-Car Cameras and accessories will be purchased from Digital Ally, 7311 W. th $22,240.00 130 Street Suite 170, Overlook Park, Kansas for . Digital Ally will be the sole source provider for this purchase. There are no resellers of these systems and they are only available from Digital Ally directly. Driver’s License Reader Kit: Five (5) L-Tron 4910LR Microphone Style Driver’s License Reader Kits) will be purchased from L-Tron Corporation, 596 Fishers Station Drive, STE1A, Victor, NY for $1,695.00 . The 4910LR is available exclusively from L-Tron Corporation. A sole source letter is included. In-Car Printer: Five (5) Brother PockJet 6 engine 200DPI printer and accessories will be purchased via National IPA Technology Solutions Contract #130733 with CDW-G, 230 North $2,275.00 Milwaukee Avenue, Vernon Hills, Illinois for . The National IPA Technology Solutions pricing procurement procedure meets or exceeds the City's procurement requirements. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The PTO program seeks to incorporate adult learning methodologies in the training and st socialization process of 21 Century law enforcement personnel. New personnel are trained and evaluated on traditional policing skills and techniques; however, they are also exposed to exercises and activities that promote: (a) critical thinking and problem solving abilities, (b) the use of available data to develop strategic problem-solving and crime prevention partnerships, (c) the establishment and realization of measurable goals, (d) community policing strategies, and (e) an emphasis in life-long learning as a resource for one’s effectiveness. FI: ISCAL MPACT The costs of: Training $14,545.00 Vehicle equipment $26,210.00 12 months of Vehicle Lease Pymts ($3,753.47) $45,041.64 Will be paid from the Federal Forfeiture Account (691-5000-590-04-22), which shows a balance of $292,226.31. The remaining monthly lease payments ($135,124.92) will be included in the Police Department Operating budget for FY 14/15, FY 15/16, FY 16/17 and FY 17/18. According to the US Department of Justice Guide to Equitable Sharing for State and Local Law Enforcement Agencies, funds shall be used by law enforcement agencies for law enforcement purposes only. Under the Permissible Uses section it shows expense categories of: Law Enforcement Equipment (to include lease vehicles), Law Enforcement Training and Law Enforcement Travel and Transportation. In addition, Florida State Statute 932.7055 provides that when a law enforcement agency seizes 145 of 340 property or currency pursuant to the state forfeiture statues, the proceeds are deposited 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: Not to proceed with the training and vehicle costs necessary to operate LTERNATIVES this program. 146 of 340 147 of 340 148 of 340 149 of 340 150 of 340 151 of 340 152 of 340 153 of 340 154 of 340 155 of 340 156 of 340 157 of 340 158 of 340 159 of 340 160 of 340 161 of 340 162 of 340 163 of 340 164 of 340 Sole Source Letter The Digital Ally Model DVM-500, In-Vehicle Digital Video Rear View Mirror System manufactured by Digital Ally, Inc. is a Sole Source item. There are no other In-Vehicle digital or analog video systems that offer the following unique features: 1.A one piece in-vehicle digital video system with all digital video and audio recording electronics integrated in a replacement rear-view mirror module. 2.A one piece in-vehicle digital video system with a 900 MHz audio transceiver and antenna integrated into a replacement rear-view mirror module. 3.A one piece in-vehicle digital video system with a GPS and “Mark” button integrated into a replacement rear-view mirror module. 4.A one piece in-vehicle digital video system with a TFT Color Monitor to view recordings or real time scenes integrated into a replacement rear-view mirror module and is invisible when not activated. 5.A one piece in-vehicle digital video system with an interior infrared camera integrated into a replacement rear-view mirror module. 6.A one-piece in-vehicle digital video system with a 60-second pre-event record feature integrated into a replacement rear-view mirror module. 7.A one-piece in-vehicle digital video system utilizing advanced MPEG 4 recording format integrated into a replacement rear-view mirror module. 8.A one-piece in-vehicle digital video system recording onto a removable 4 Gigabyte compact flash card located behind a key-locked access door integrated into replacement rear-view mirror module. 9.A one-piece in-vehicle digital video system that offers three different recording resolution levels that allow for selection from 4 to 16 hours of recording time on a 4 Gigabyte removable compact flash card. 10.A one-piece in-vehicle digital video system with a USB2.0 port, Audio and Video input and output ports, built in speaker for audio playback and built in Audio and Video LED record status lights. 165 of 340 166 of 340 167 of 340 168 of 340 169 of 340 170 of 340 171 of 340 172 of 340 173 of 340 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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 negotiated settlement of $40,000 in the EQUESTED CTION BY ITY OMMISSION case of Cynthia Miller/Matthew Andrews v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Lyman Reynolds, Roberts, Reynolds, et al, Michael Burke, Johnson, Anselmo, et al, Plaintiff Counsel: Sherri L. Renner, Esq. Summary: On October 1, 2008, Plaintiff (Mr. Andrews) was sitting inside his vehicle parked on the wrong side of the street when an officer pulled his cruiser in front of his vehicle and asked Mr. Andrews for identification. Mr. Andrews explained that he lived there and informed the officer that his ID was in the house; however, his license was actually in his pocket. He did provide his name, date of birth and address to the officer. Once this information was verified, the officer and Plaintiff were talking when a second officer arrived on scene and asked Mr. Andrews again for his ID. Mr. Andrews then remembered his license was in his pocket and handed it to the second officer. At this point, Mr. Andrews felt threatened and texted his uncle to have him and his mother Plaintiff (Ms. Miller) come outside. When Ms. Miller exited the house Mr. Andrews became extremely angry towards the officers. While the second officer was trying to handcuff Mr. Andrews, Ms. Miller approached and touched the officer. The first officer moved Ms. Miller away and she fell onto the ground. Both plaintiffs claimed injuries, false arrest, battery, unnecessary use of force use, violation of civil rights, malicious prosecution and conspiracy. This settlement includes a complete release of claims 174 of 340 arising out of this action. Estimated costs to defend claim are $115,000 with a possible verdict of $60,000. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of the nature are part of the ongoing responsibilities of the Risk Management Department. Settlement of a claim is not an admission of wrongdoing on the part of the City. FI: Settlement will be charges to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20: Self Insured Losses for first and third party claims. A: Failure to approve settlement will result in additional litigation and LTERNATIVES discovery costs. Trial is scheduled for 2014, and should a judgment be brought against the City, additional costs are estimated to be approximately $175,000. 175 of 340 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerriere, City Manager THRU: Julie Oldbury, Director of Human Resources & Risk Management FROM: Pam Webb, Risk Administrator DATE: November 5, 2013 SUBJECT: Cynthia Miller/Matthew Andrews v. City of Boynton Beach Date of Loss: October 1, 2008 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 350,000/150,000 Final: $ 75,000 Offer : Original: $ 4,000/1,000 Final: $ 40,000 SETTLEMENT$ 40,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 75,574 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 115,000 : $ 60,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : On October 1, 2008, Plaintiff (Mr. Andrews) was sitting inside his vehicle parked on the wrong side of the street when an officer pulled his cruiser in front of his vehicle and asked Mr. Andrews for identification. Mr. Andrews explained that he lived there and informed the officer that his ID was in the house; however, his license was actually in his pocket. He did provide his name, date of birth and address to the officer. Once this information was verified, the officer and Plaintiff were talking when a second officer arrived on scene and asked Mr. Andrews again for his ID. Mr. Andrews then remembered his license was in his pocket and handed it to the second officer. At this point, Mr. Andrews felt threatened and texted his uncle to have him and his mother Plaintiff (Ms. Miller) come outside. When Ms. Miller exited the house Mr. Andrews became extremely angry towards the officers. While the second officer was trying to handcuff Mr. 176 of 340 Andrews, Ms. Miller approached and touched the officer. The first officer moved Ms. Miller away and she fell onto the ground. Both plaintiffs claimed injuries, false arrest, battery, unnecessary use of force use, violation of civil rights, malicious prosecution and conspiracy. This settlement includes a complete release of claims arising out of this action. Estimated costs to defend claim are $115,000 with a possible verdict of $60,000. 177 of 340 178 of 340 179 of 340 180 of 340 181 of 340 10. A CITY MANAGER’S REPORT December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. R13-133 - Adopt EQUESTED CTION BY ITY OMMISSION the 2013-2014 City Commission Strategic Plan Focused Work Program and Action Items ER: The City of Boynton Beach City Commission and staff have XPLANATION OF EQUEST embarked upon a strategic planning process that creates goals focusing on outcome- based objectives and potential actions for a five (5) year span. The attached documents are the one (1) year focused work program with action items that defines the policy agenda for the Commission; management agenda for staff; major projects and implementation initiatives. One document is a narrative that outlines the Strategic Goals, priorities, work plans and policy calendar for 2013 – 2014. The other document is a tracking matrix which staff will be using to provide quarterly updates to the Commission on the progress, successes and challenges of the one (1) year strategic action plan. The FY2014 First Quarter update will come before the Commission in April 2014. H? These documents will provide clear OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES direction to staff on the project and funding priorities of the Commission which in turn will facilitate a more effective and efficient utilization of resources. FI: TBD ISCAL MPACT A: Not approve the one (1) year strategic action items. LTERNATIVES 182 of 340 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING THE 2013-2014 CITY COMMISSION STRATEGIC PLAN FOCUSED WORK PROGRAM AND ACTION ITEMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Commission and staff have embarked on a strategic planning process that creates goals focusing on outcome-based objectives and potential actions for a five (5) year period; and WHEREAS , this document is the one (1) year focused work program with action items that defines the policy agenda for the City Commission; management agenda for staff; major projects and implementation initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and adopt the 2013-2014 City Commission Strategic Plan Focused Work Program and action items, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. 183 of 340 PASSED AND ADOPTED this ___ day of December, 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, CMC City Clerk (Corporate Seal) 184 of 340 Boynton Beach: Our Community Vision BEAUTIFUL To be a COASTAL CITY ENERGETIC DOWNTOWN with an DIVERSE NEIGHBORHOODS and , DISTINCTIVE ART EXPERIENCES providing , FUN OPPORTUNITIES POSITIVE CLIMATE FOR and ECONOMIC DEVELOPMENT , SUSTAINABLE FUTURE. while creating a 185 of 340 City of Boynton Beach Goals 2018 Energetic Downtown: Focal Point For Boynton Beach Growing Jobs And Business Opportunities High Performing City Organization Positive And Exciting Boynton Beach Image: "Curb Appeal" To Reputation Great Neighborhoods: Safe, Affordable And Livable 186 of 340 City of Boynton Beach Policy Agenda 2013 – 2014 TOP PRIORITY Old High School: Direction Pensions for City Employees Salary Increases for Employees City Hall: Direction Police Headquarters Design and Funding Heart of Boynton Plan: Update HIGH PRIORITY HOB Land Assembly for Revitalization Downtown Master Plan: Update Downtown Greenway (FEC Corridor) Concept Plan City Economic Development Incentive Policy City Economic Development Policy and Plan Federal Highway Corridor Plan: Update Lobbyist and Legislative Agenda Cottage District Development 187 of 340 City of Boynton Beach Management Agenda 2013 – 2014 TOP PRIORITY Police Management Study (Staffing and Deployment) Labor Contracts: Direction Code Compliance Report and Recommendations Revised Capital Improvement Plan (5 year) HIGH PRIORITY Parks and Recreation Comprehensive Needs Assessment City Branding Initiative and Marketing Plan Certificate of Use 188 of 340 Boynton Beach CRA Agenda 2013 – 2014 TOP PRIORITY 500 Ocean Avenue (Arches Site) Development Ocean Breeze East Development Downtown Master Plan One Boynton Mixed Use Development Agreement Marina Development HIGH PRIORITY Ocean Avenue Area District: Property Acquisition Heart of Boynton Plan: Update MLK Corridor Revitalization: Seacrest To Federal Highway Cottage District Development CRA Design Guidelines: Update 189 of 340 City of Boynton Beach Management in Progress 2013 – 2014 1. All Aboard Florida: Coordination 2. Development Atlas: Statistic and Demographic Data Update 3. Developable Sites Inventory: Completion 4. Economic Development Webpage: Development (with Business Development Board) 5. Small Business Survey: Completion 6. Economic Development Stakeholders Meeting 7. Economic Development Marketing Video: Development 8. High Speed Internet Infrastructure: Grant Application 9. Business Tax Increase: Direction 10. Phone System Upgrade: Direction 11. Vehicle and Equipment Replacement Plan: Annual Review and Funding 12. Comprehensive Emergency Management Plan 13. Police Chief: Selection 14. Police Department Re Accreditation 15. Financial Reserve Policy: Annual Review 16. Banking Services 17. Five Year Information Technology Services Strategic Plan 18. ADA Compliance Evaluation and Plan 19. CDBG: One Year Action Plan, Five Year Action Plan 20. Solid Waste Code Revision: Provision for Disabled Persons 190 of 340 191 of 340 21. Budget in Brief 22. Towing Contract 23. Customer Service Audit and Action Plan 24. Supervisory Training Program: Design, Implementation 25. Executive Leadership Coaching: Direction 26. New Employee Orientation Program and Management Orientation 27. Advisory Boards Report 28. SAFER Grant: Hiring Firefighters 29. City Annual Report 30. Fee Schedule Revisions for Building and Historic Preservation 31. Social Media Policy and Training 32. Emergency Management Communication Plan 33. City Organization Brand Culturalization 34. Video on International Kinetic Art Event 35. Neighborhood Watch Program: Implementation 36. Garage Sale Permit Requirements: Suspension 37. Recreation Strategic Plan: Development 38. Flood Mitigation Plan: Approval 39. Red Light Cameras Program Administration 40. Historic Preservation Survey for Florida Master Site File 41. Building, Planning and Zoning Fee Changes: Direction 42. CDBG Funding Strategy: Report and Recommendations 192 of 340 City of Boynton Beach Major Projects 2013 – 2014 1. Double Depth Vaults 2. Fire Station 3 3. New Fuel System for Fire Stations 4. Meter Migration Project for Utility Customers 5. Pence Park Lift Station 6. Raw Water Main Sections “B” and “C” 7. Boynton Beach Boulevard Median Rehabilitation Project (Federal Highway to City Limit) 8. Federal Highway Median Rehabilitation Project (City Limit To City Limit) 9. Lake Boynton Estates Water and Stormwater Improvement Project 10. Central Seacrest Corridor Water and Stormwater Improvement Project 11. Progressive Design Build for Water Plant (East/West) Connection 193 of 340 GOAL 1 ENERGETIC DOWNTOWN: FOCAL POINT FOR BOYNTON BEACH ACTION 1.1 OLD HIGH SCHOOL: DIRECTION PRIORITY Policy - Top Time Key Issues Activities/Milestones  Commission Review and Decision TBD Overall Direction  Site Plan  Land Use  Rezoning Responsibility: Development Director/Public Works Director ACTION 1.2 CITY HALL: DIRECTION PRIORITY Policy - Top Time Key Issues Activities/Milestones  1. City Hall Report 11/13 Study Scope 2.Commission Decision: Direction 11/13  Study Funding Responsibility: Public Works Director 194 of 340 ACTION DOWNTOWN MASTER PLAN: UPDATE PRIORITY City 1.3 Policy –- High CRA 1.9 CRA – Top Time Key Issues Activities/Milestones  1. CRA Board Decision: 12/13 Coincides with Downtown Funding/contract Greenway Action (1.2) 2.Town Square Space Use Analysis 3/14  Plan Approval Study  LDR: Changes 3.Downtown Master Plan: Update 4/14  Ocean Avenue Overlay District Draft Plan 4.CRA/Commission Workshop: Town 4/14  Boynton Beach Boulevard Square Study/Downtown Master Corridor Plan 5.CRA Board: Downtown Master Plan 4/14 6.Commission Decision: Downtown 4/14 Master Plan 7.Revise LDR Draft 5/14 8.Planning and Development: LDR 5/14 9.Commission Decision 6/14 Responsibility: Development Director/CRA Director ACTION 1.4 DOWNTOWN GREENWAY (FEC CORRIDOR) PRIORITY CONCEPT Policy –- High Time Key Issues Activities/Milestones  1. Concept Definition Impact Analysis 2/14 Tax Impact and Preliminary Report  Goal for Greenway 2.CRA/Commission Workshop and 3/14  Property Ownership Decision: Direction and Next Step  Land Acquisition  Funding: Purchase and Maintenance  Land Uses Implications  Relations to Recreation Master Plan  Relations to Open Space Plan Responsibility: Public Works Director, CRA Director 195 of 340 ACTION 1.5 FEDERAL HIGHWAY CORRIDOR PLAN: PRIORITY UPDATE Policy –- High Time Key Issues Activities/Milestones  1. Prepare Update (MU districts, TOD 2/14 LDR: Change land use, etc.) 2.CRA Decision: Plan Approval 3/14 3.Commission Decision: Plan 4/14 Approval Responsibility: Planning and Zoning Director/CRA Director ACTION 1.6 HISTORIC PRESERVATION LOCAL PRIORITY DESIGNATION Policy Time Key Issues Activities/Milestones  A. Children’s School House Museum Site for Local Designation 1.Historic Preservation Board 9/13 Decision: Endorse Site for local designation 2.Commission Decision: Site for 10/13 Local Designation, Approval B. Barton Memorial Cemetery 11/13 1.Historic Preservation Board Decision: Endorse Site for local designation 2.Commission Decision: Site for 12/13 Local Designation, Approval C. Boynton Hills Lights 1.Historic Preservation Board 1/14 Decision: Endorse Site for local designation 2.Commission Decision: Site for 2/14 Local Designation, Approval Responsibility: Planning and Zoning Director 196 of 340 ACTION 1.7 OCEAN AVENUE OVERLAY DISTRICT PLAN: PRIORITY UPDATE Policy Time Key Issues Activities/Milestones  1. CRA/Commission Public Workshop 4/14 Coincides with Downtown 2.CRA Decision: Plan Approval 4/14 Greenway Action (1.2) 3.Commission Decision: Plan 4/14  Plan Approval Adoption  LDR: Changes Responsibility: Development Director/CRA Director ACTION 1.8 WATER TAXI ORDINANCE PRIORITY Policy Time Key Issues Activities/Milestones  1. County Commission: Ordinance TBD Ordinance Adoption Adoption 2.Commission Decision: Ordinance One month Adoption after County Commission approval Responsibility: Development Director/CRA Director ACTION 1.10 500 BLOCK OCEAN AVENUE (ARCHES PRIORITY SITE) DEVELOPMENT CRA – Top Time * Key Issues Activities/Milestones  1. Developer Site Plan: Submittal 11/13 Developer Driven 2.Planning & Development Board 3/14  Incentives Decision: Site Plan 3.Commission Decision: Site Plan 4/14 4.CRA Decision: Possible TIF TBD Agreement w/CRA *Developer Driven Schedule Responsibility: CRA Director/Planning and Zoning Director 197 of 340 ACTION 1.11 ONE BOYNTON MIXED USE PRIORITY DEVELOPMENT AGREEMENT CRA – Top Time Key Issues Activities/Milestones  1. CRA Decision: Agreement between 10/13 Price of Land One Boynton and Law Firm (Phase I) 2.CRA Decision: Development 1/14 Agreement between One Boynton and CRA Responsibility: CRA Director ACTION 1.12 MARINA DEVELOPMENT PRIORITY CRA – Top Time Key Issues Activities/Milestones  1. Dock Master Permit Approval Completed Demolition of Dive Shop 2.CRA Decision: Contractor Selection 10/13  Dock Master Office/Public 3.County Commission Decision 12/14 Restrooms Responsibility: Public Works Director ACTION 1.13 OCEAN AVENUE AREA DISTRICT: PRIORITY PROPERTY ACQUISITION CRA – High Time Key Issues Activities/Milestones  1. Appraisals Completed Value vs. Asking Price 2.Outreach to Property Owners Completed 3.Negotiation Ongoing 4.CRA Board Decision: Approval of TBD Contracts Responsibility: CRA Director 198 of 340 GOAL 2 GROWING JOBS AND BUSINESS OPPORTUNITIES ACTION 2.1 CITY ECONOMIC DEVELOPMENT PRIORITY INCENTIVES POLICY Policy – High Time Key Issues Activities/Milestones  1. Commission Report: City Economic Completed Incentives Incentives: General Fund, CDBG  Funding Level and CRA  Funding Source 2.Commission Decision: Incentives 9/13 Policy Responsibility: Economic Development Manager ACTION 2.2 CITY ECONOMIC DEVELOPMENT POLICY PRIORITY AND PLAN Policy – High Time Key Issues Activities/Milestones  1. Complete Existing Business 10/13 Economic Development Goals Inventory  Targeted Businesses 2.Stakeholder Meeting 2/14  City Role in Economic 3.Economic Development Policy and 7/14 Development Plan  Relationship to Economic 4.Commission Workshop: Economic 8/14 Development Partners Development Policy and Plan  Funding Mechanism  Funding Level and Participation  Adoption of Strategic Plan Responsibility: Economic Development Manager 199 of 340 ACTION 2.3 LAND DEVELOPMENT CHANGES: PRIORITY MAXIMIZING LAND DEVELOPMENT Policy VALUE IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Time Key Issues Activities/Milestones  1. Draft Economical Development 10/13 Impact of Zoning Changes Comprehensive Plan and Use  Comprehensive Plan Changes Policies  Industrial Area 2.Coordination with Affected Land 11/13  Industrial District: Owners Scope/Definition 3.Planning & Development Board 11/13 Review: Proposed Comprehensive Plan Land Use Policies 4.Commission Decision: Approval, 1/14 Comprehensive Plan Land Use Policies (forward to State) 5.CRA Decision: Plan Approval 3/14 6.Planning & Development Board 3/14 Review: Future Land use and Zoning Maps, and Land Use Development Regulations Amendments 7.Commission Decision: Approval Ordinances 4/14 Responsibility: Development Director ACTION 2.4 MOBILE VENDING REGULATIONS PRIORITY Policy Time Key Issues Activities/Milestones  1. Draft Regulations for Public Completed Food Truck Rallies Input/Review  Food Vending Carts 2.Planning & Development Board 9/13  Other Merchandise/Services Decision: Approve Regulations Mobile Vending 3.Commission Decision: Adopt 10/13  Public Business/Chamber Ordinance Support Responsibility: Development Director 200 of 340 ACTION 2.5 CERTIFICATE OF USE PRIORITY Mgmt – High Time Key Issues Activities/Milestones 1. Staff Research – Best Practices 7/14 2.Commission Decision: Ordinance 9/14 Adoption Responsibility: Development Director Management In Progress 2013 – 2014 Time 1. All Aboard Florida: Coordination Ongoing 2. Development Atlas: Statistic and Demographic Data Update 8/13 3. Developable Sites Inventory: Completion 9/13 4. Economic Development Webpage: Development 9/13 5. Small Business Survey: Completion 10/13 6. Economic Development Stakeholders Meeting 2/14 7. Economic Development Marketing Video: Development 6/14 8. High Speed Internet Infrastructure: Grant Application TBD 201 of 340 GOAL 3 HIGH PERFORMING CITY ORGANIZATION ACTION 3.1 POLICE HEADQUARTERS: DESIGN AND PRIORITY FUNDING Policy – Top Time Key Issues Activities/Milestones  1. Space Needs Analysis/Conceptual 2/14 Design Building Site Plan and Floor Plan  Funding 2.Prepare Report with Final Concept 3/14  New Police Chief: Input Plans, Cost Estimates, Funding Options 3.Commission Report and Decision: 3/14 Direction, Building and Funding 4.Commission Decision: Award Task 4/14 Order for Architectural/Engineering Design Services 5.Complete Final Design 11/14 6.Bid for Construction 12/14 7.Commission Decision: Award 12/14 Construction Contract 8.Building Opening 1/16 Responsibility: Public Works Director 202 of 340 ACTION 3.2 PENSIONS FOR CITY EMPLOYEES: STUDY PRIORITY AND DIRECTION Policy – Top Time Key Issues Activities/Milestones  1. Commission Workshop: 2/14 Goals Background on Florida Pension and  Funding other State Systems (including  City Role Pension Board and Employees)  Impacts On City Employees 2.Commission Decision: Direction on 4/14 Pensions and Need for Evaluation Study 3.Commission Selection of Vendor for TBD Pensions Evaluations Study 4.Completion of Evaluation Study TBD 5.Commission Decision: Pensions TBD Direction Responsibility: Finance Director ACTION 3.3 SALARY INCREASE FOR CITY EMPLOYEES PRIORITY Policy – Top Time Key Issues Activities/Milestones  1. Commission Discussion: Budget 7/13 Funding Funding  Impact on Employees 2.Commission Decision: Adopt 9/13  Collective Bargaining Budget Responsibility: Finance Director 203 of 340 ACTION 3.4 LOBBYIST AND LEGISLATIVE AGENDA PRIORITY Policy – High Time Key Issues Activities/Milestones  1. Commission Decision: Budget 7/13 Lobbyist Direction Funding Direction  Funding 2.Issue RFP for Lobbyist 7/13  Lobbyist Selection 3.Commission Decision: Lobbyist 10/13  Legislative Agenda for 2014 Selection 4.Commission Decision: Legislative 12/13 Agenda for 2014 5.Legislative Tracking Ongoing Responsibility: Assistant City Manager ACTION 3.5 POLICE MANAGEMENT STUDY PRIORITY Mgmt – Top Time Key Issues Activities/Milestones  1. Work Team: Review 6/13 Funding for Study 2.Report to Commission: Study with 8/13 Implementation Recommendations  Recruitment and Selection of 3.Hire Police Chief 9/13 Police Chief 4.Police Chief’s Review of Ongoing Recommendations 5.Commission Budget Decision: 7/14 Direction on Implementation 6.Implement Recommendations 10/14 Responsibility: Finance Director/Police Chief 204 of 340 ACTION 3.6 LABOR CONTRACTS: DIRECTION PRIORITY Mgmt – Top Time Key Issues Activities/Milestones  1. Commission Decision: Labor 8/13 Police (3) Negotiations Direction  IAFF 2.Complete Negotiations 9/13 or TBD  SEIU (2) 3.Commission Decision: Contract 9/13 or TBD Approval Responsibility: Human Resources Director ACTION 3.7 REVISED CAPITAL IMPROVEMENT PRIORITY PLAN (5 YEARS) Mgmt – Top Time Key Issues Activities/Milestones  1. Commission Presentation: Revised 7/13 Funding Level Capital Improvement Plan (5 years) Responsibility: Public Works Director/Finance Director Management In Progress 2013 – 2014 Time 1. Business Tax Increase: Direction 7/13 2. Phone System Upgrade: Direction 7/13 3. Vehicle and Equipment Replacement Plan: Annual Review and Funding 7/13 4 CDBG: One Year Action Plan 8/13 5. Comprehensive Emergency Management Plan Update 9/13 6. Police Chief: Selection 9/13 7. Police Department Re Accreditation 9/13 8. Financial Reserve Policy: Annual Review 9/13 9. Banking Services 9/13 10. Five Year Information Technology Services Strategic Plan 9/13 11. ADA Compliance Evaluation and Plan 10/13 12. Towing Contract 11/13 11/13 13. Solid Waste Code Revision: Provision for Disabled Persons 12/13 14. Budget in Brief 12/13 205 of 340 Management In Progress 2013 – 2014 Time (Continued) 15. Executive Leadership Coaching: Direction 2/14 16. Supervisory Training Program: Design, Implementation 4/14 17. New Employee Orientation Program and Management Orientation 7/14 18. Customer Service Audit and Action Plan 9/14 19. City Annual Report 2015 20. Advisory Boards Report Ongoing 21. SAFER Grant: Hiring Firefighters Done 22. Fee Schedule Revisions for Building and Historic Preservation Done Major Projects 2013 – 2014 Time 1. Double Depth Vaults 9/13 2. Fire Station 3 11/13 3. New Fuel System for Fire Stations 2/14 4. Raw Water Main Sections “B” 8/14 5. Meter Migration Project for Utility Customers 9/14 6. Pence Park Lift Station 12/14 7. Raw Water Main Sections “C” 1/15 8. Progressive Design Build Water Plant (East/West) Connection 12/15 206 of 340 GOAL 4 POSITIVE AND EXCITING BOYNTON BEACH IMAGE: "CURB APPEAL" TO REPUTATION ACTION 4.1 GREENWAYS/BIKEWAYS/BLUEWAYS/ PRIORITY PEDESTRIAN WAYS MASTER PLAN: Policy UPDATE Time Key Issues Activities/Milestones  1. Finalize Scope 7/13 Goals 2.Commission Decision: Budget 9/13  Plan Approval Funding  Funding: Plan Development 3.Initiate RFQ Process 11/13  Funding: Plan Implementation 4.Commission Decision: Award 2/14  Economic Development Impact Contract  Recreation and Parks Board 5.Complete Master Plan: Update 8/14 Review 6.Commission Workshop: Master Plan 9/14  Open Space Update Review Responsibility: Recreation Director ACTION 4.2 MEDIAN MAINTENANCE SERVICE LEVEL PRIORITY AND FUNDING Policy Time Key Issues Activities/Milestones  1. Commission Decision: Budget 9/13 Service Level  Funding  Economic Development Impact Responsibility: Public Works Director 207 of 340 ACTION 4.3 GREEN/HIGH PERFORMANCE BUILDINGS PRIORITY PROGRAM PHASE II: Policy RESIDENTIAL Time Key Issues Activities/Milestones  1. Commission Decision: Phase II – 7/14 Policy Direction Residential  Economic Development Impact Responsibility: Building Official ACTION 4.4 GREEN/HIGH PERFORMANCE BUILDING PRIORITY PROGRAM FUNDING FOR INCENTIVES Policy Time Key Issues Activities/Milestones  1. Prepare Report 1/14 Incentives Direction 2.Commission Decision: Approval of 2/14  Funding Level Incentive Opportunities 3.Develop Marketing Program for 4/14 Green Buildings Responsibility: Development Director ACTION 4.5 KINETIC ART EXHIBIT AND SYMPOSIUM PRIORITY 2015 Policy Time Key Issues Activities/Milestones  1. Commission Discussion: Budget 7/13 Sponsorship Funding  Funding 2.Commission Decision: Budget 9/13  Partnership Funding  Location 3.Arts Commission Decision: 10/13  Indoor Exhibit Space Approve Symposium Budget 4.Arts Commission Decision: 5/14 Selection of Outdoor Artwork for Exhibit 5.Arts Commission Decision: 9/14 Approve Indoor Artwork for Exhibit Presenters; Sponsors; Workshops 208 of 340 Responsibility: Public Art Manager 209 of 340 ACTION 4.6 COMMUNITY EVENTS POLICY PRIORITY FRAMEWORK Policy Time Key Issues Activities/Milestones  1. Commission Decision: Grants for 7/13 Community Events: Definition Community Events/Discretionary  City Role/CRA Role Fund  Funding Criteria 2.Approve Economic Development. 9/13  Events: Typology Policy  Calendar 3.Analyze & Develop Framework for 7/14  Staffing Community Events Responsibility: Communications Manager ACTION 4.7 CITY BRANDING INITIATIVE AND PRIORITY MARKETING PLAN Mgmt – High Time Key Issues Activities/Milestones  1. Form Collaborative Marketing 11/13 Funding Committee (City/CRA/Chamber)  Public Communication 2.Form Internal Marketing Committee 11/13 Methods 3.Develop Marketing Plan  Civic Engagement 4.Commission Decision: Marketing 3/14  Training Plan Adoption 5/14 Responsibility: Communications Manager ACTION 4.8 CRA DESIGN GUIDELINES: UPDATE PRIORITY CRA – High Time Key Issues Activities/Milestones  1. CRA Workshop 2/14 Architectural “Theme” of 2.Guidelines: Redraft 4/14 Downtown 3.CRA Board Decision: Approval 5/14  Consistent Application Responsibility: CRA Director 210 of 340 Management In Progress 2013 – 2014 Time 1. Social Media Policy and Training 12/13 2. Emergency Management Communications Plan 1/14 3. City Organization Brand Culturalization Ongoing 4. Video on International Kinetic Art Event Done Major Projects 2013 – 2014 Time 1. Federal Highway Median Rehabilitation Project (City Limit To City 12/13 Limit) 2. Boynton Beach Boulevard Median Rehabilitation Project (Federal 2/14 Highway to City Limit) 211 of 340 GOAL 5 GREAT NEIGHBORHOODS: SAFE, AFFORDABLE AND LIVABLE ACTION HEART OF BOYNTON PLAN: UPDATE PRIORITY City 5.1 Policy – Top CRA 5.10 CRA – High Time Key Issues Activities/Milestones  1. Public Meeting 10/13 Land Uses 2.Amend Plan to Add Cottage District 1/14  Land Development Regulation: & Ocean Breeze East Changes Redevelopment  Vacant Parcel 3.CRA Board Decision: Plan Changes 2/14  Model Block 4.Commission Decision: Plan Changes 3/14 Responsibility: Development Director/CRA Director ACTION 5.2 HOB LAND ASSEMBLY FOR PRIORITY REVITALIZATION Policy – High Time Key Issues Activities/Milestones  A. Model Block Purchase Property within 1.Land Acquisition: Negotiation Ongoing CDBG Guidelines 2.Commission Decision: 3/14  Alternative Funding Acquisition Direction  Eminent Domain B.Non Model Block – Cemetery Expansion 1.Property Reappraisal 10/13 2.Attorney Report 12/13 3.Commission Decision and TBD Action Responsibility: Development Director 212 of 340 ACTION COTTAGE DISTRICT DEVELOPMENT PRIORITY City 5.3 Policy – High CRA 5.11 CRA – High Time Key Issues Activities/Milestones  1. Community Meeting 10/13 Land Development Regulation 2. Work with City to Determine 2/14 Zoning Funding for Public  Funding for Public Improvements Improvements 3.Heart of Boynton Plan Update 3/14 4.Planning and Development Board 4/14 Decision: Amendments to CDR and LU/Zoning Changes 5.Commission Decision: Approval 5/14 Ordinances 6.Issue RFP 7/14 7.CRA Decision: Selection of 9/14 Developer 8.CRA Decision: Development 12/14 Agreement Responsibility: Development Director/CRA Director ACTION 5.4 CDBG SECTION 108 LOAN PRIORITY Policy Time Key Issues Activities/Milestones  1. Commission Decision: Overall 3/14 Use of CDBG Funding Direction  City Role 2.Pre-Application Discussion with TBD Miami HUD Office 3.Citizen Participation Hearing TBD 4.Publication of Proposed Application TBD 5.HUD and Miami HUD Office TBD Review and Approval 6.Substantial Amendment of Five TBD Year Plan Responsibility: Development Director 213 of 340 ACTION 5.5 WORKFORCE HOUSING ORDINANCE PRIORITY Policy Time Key Issues Activities/Milestones  1. Commission Decision: Ordinance 12/13 Market Analysis Responsibility: Economic Development Manager ACTION 5.6 DOG PARK: DIRECTION PRIORITY Policy Time Key Issues Activities/Milestones  1. Commission Discussion: Direction, 7/13 Goals Location, Cost Estimate  Recreation and Park Board (Building/Operating) Review and Recommendation 2.Recreation and Park Board: 8/13  Scope of Park consideration  Location 3.Commission Decision: 9/13  Funding Recommendations and Funding  Private Sector Partnership Responsibility: Recreation Director ACTION 5.7 CODE COMPLIANCE REPORT AND PRIORITY RECOMMENDATIONS Mgmt – Top Time Key Issues Activities/Milestones  1. Complete Comprehensive Review of 12/14 Problem Areas Code Compliance: Problems/  City Role Locations/Types, Process  Code Changes Evaluations, Recommendations  Process Improvements 2.Commission Report and Decision: 1/15  New Police Chief Direction Responsibility: Police Chief 214 of 340 ACTION 5.8 PARKS AND RECREATION NEEDS PRIORITY ASSESSMENT: 5 YEAR PLAN UPDATE Mgmt – High Time Key Issues Activities/Milestones  1. Complete Needs Assessment/Plan 8/13 Facilities Update  Services/Levels 2.Recreation and Park Board: Review 9/13  Programming 3.Commission Decision: Acceptance 9/13  Park Usage  Funding  Fee Structure  Degree of Cost Recovery Responsibility: Recreation Director ACTION 5.9 OCEAN BREEZE EAST DEVELOPMENT PRIORITY CRA – Top Time Key Issues Activities/Milestones  1. Community Meeting 10/13 Housing Type 2.Heart of Boynton Plan: Update 3/14  Land Development 3.Initiate Land Use/Zoning Changes 4/14 Regulations: Changes (TOD) 4.Planning & Development Board 4/14 Decision: Approve LDR Changes 5.City Commission Decision: Adopt 5/14 LDR Changes 6.Issue RFP 7/14 7.CRA Decision: Selection of 9/14 Developer 8.Complete Development Agreement 12/14 Responsibility: CRA Director 215 of 340 ACTION 5.12 MLK CORRIDOR REVITALIZATION: PRIORITY SEACREST TO FEDERAL HIGHWAY CRA – High Time Key Issues Activities/Milestones  1. CRA Board Approval of 12/13 Lack of Unified Parcels Commercial Development Plan at Sufficient for Development Seacrest/MLK  Commercial/Retail: Grocery 2.Public Notice of Intent to Dispose of 12/13  Neighborhood Input CRA Owned Land  CRA Incentives 3.Submit Land Use/Zoning Site Plan 1/14  Heart of Boynton Plan Update 4.Planning and Development Board: 2/14 Decision 5.Commission Decision: Land Use, 5/14 Zoning, Site Plan 6.Development Agreement TBD 7.RFP for Remainder of CRA Land on TBD MLK Responsibility: CRA Director Management In Progress 2013 – 2014 Time 1. Neighborhood Watch Program: Implementation Ongoing 2. Garage Sale Permit Requirements: Suspension 7/13 3. Recreation Strategic Plan: Development 10/13 4. Flood Mitigation Plan: Approval 11/13 5. Red Light Cameras Program 12/13 6. Historic Preservation Survey for Florida Master Site File 9/14 7. Building, Planning and Zoning Fee Changes: Direction Done 8. CDBG Funding Strategy: Report and Recommendations Done Major Projects 2013 – 2014 Time 1. Lake Boynton Estates Water and Stormwater Improvement Project 6/15 2. Central Seacrest Corridor Water and Stormwater Improvement Project 8/15 216 of 340 Policy Calendar 2013 – 2014 City of Boynton Beach 217 of 340 MONTH OCTOBER 2013 1. Commission Decision: Children’s School House Museum Historic Preservation Local Designation (1.8 a) 2. Commission Decision: Mobile Vendors Ordinance (2.4) 3. Commission Decision: Lobbyist Selection (3.4) 218 of 340 MONTH NOVEMBER 2013 1. Commission Decision: City Hall Direction (1.2) 2. Commission Decision: Towing Contract (3) 219 of 340 MONTH DECEMBER 2013 1. Commission Decision: Barton Memorial Cemetery Historic Preservation Local Designation (1.6 b) 2. Commission Decision: Workforce Ordinance Adoption (5.5) 3. CRA: MLK Corridor Commercial Development Plan (5.12) 4. CRA Board Decision: Downtown Master Plan: Update (City 1.3/CRA 1.9) 5. Commission Decision: Solid Waste Code Revision for Disabled Residents (3) 6. Commission Decision: Lobbyist Selection (3.4) 220 of 340 MONTH JANUARY 2014 1. CRA Decision: One Boynton Mixed Use Development Agreement (1.11) 2. Commission Decision: Comprehensive Plan Land Use Policies – Commercial and Industrial Zoning Districts (2.3) 221 of 340 MONTH FEBRUARY 2014 1. Commission Decision: Boynton Hills Lights Historic Preservation Local Designation (1.6 c) 2. Commission Workshop/Decision: Pension Background and Direction (3.2) 3. Commission Decision: City Legislative Agenda 2014 (3.4) 4. Commission Decision: Greenways/Blueways/Pedestrain Ways Master Plan Award Contract (4.1) 5. Commission Decision: Green/High Performance Building Program Funding for Incentives (4.4) 6. CRA Workshop: CRA Design Guidelines (4.8) 7. CRA Decision: Heart of Boynton Beach Plan Update Adoption (5.1) 222 of 340 MONTH MARCH 2014 1. CRA/Commission Workshop: Downtown Greenway (FEC Corridor) Concept Direction (1.4) 2. CRA Decision: Federal Highway Corridor Plan Adoption (1.5) 3. CRA Decision: Commercial and Industrial Zoning (2.3) 4. Commission Decision: Heart of Boynton Plan Update (5.1) 5. Commission Decision: Model Block Acquisition Direction (5.2) 6. Commission Report and Decision: Police Headquarters Building Direction and Funding (3.1) 7. Commission Decision: Overall Direction CDBG Section 108 Loan (5.4) 223 of 340 MONTH APRIL 2014 1. CRA/Commission Workshop: Town Square Study and Downtown Master Plan (1.3/1.9) 2. CRA Board Decision: Downtown Master Plan Adoption (1.9) 3. Commission Decision: Downtown Master Plan Adoption (1.3) 4. CRA/Commission Workshop: Ocean Avenue Overlay District Plan: Update (1.7) 5. CRA Decision: Ocean Avenue overlay District Plan Update (1.7) 6. Commission Decision: Federal Highway Corridor Plan Update Adoption (1.5) 7. Commission Decision: 500 Block Ocean Avenue Site Plan (1.10) 8. Commission Decision: Land Use Ordinances – Commercial and Industrial Zoning Districts (2.3) 9. Commission Decision: Police Headquarters (3.1) 224 of 340 10. Commission Decision: Direction on Pension and Need for Evaluation Study (3.2) 225 of 340 MONTH MAY 2014 1. Commission Report and Decision: Advisory Boards and Engagement (3) 2. Commission Decision: Community Events Policy and Funding (4.6) 3. CRA Workshop: CRA Design Guidelines Approval (4.8) 4. Commission Decision: Cottage District Approval (5.3) 5. Commission Decision: Ocean Breeze Approval (5.9) 6. Commission Decision: MLK Corridor Land Use, Zoning, Site Plan (5.12) 7. Commission Decision: Marketing Plan Adoption (4.7) 226 of 340 MONTH JUNE 2014 1. Commission Decision: Downtown LDR Revision (1.3) 2. Commission Report and Decision: Code Compliance Report and Recommendations (5.7) 227 of 340 MONTH JULY 2014 1. Commission Decision: Police Management Study – Funding Implementation (3.5) 2. Commission Decision: Green Building Policy Phase II Residential (4.3) 228 of 340 MONTH AUGUST 2014 1. Commission Workshop: City Economic Development Policy and Plan (2.2) 2. Commission Workshop: Greenways/ Bikeways/Blueways/Pedestrian Ways Master Plan Update (4.3) 229 of 340 MONTH SEPTEMBER 2014 1. Commission Decision: Certificate of Use Ordinance (2.5) 2. Commission Workshop: Greenways/Blueways/Pedestrian Ways Master Plan (4.1) 3. CRA Decision: Ocean Breeze Developer Selection (5.9) 4. CRA Decision: Cottage District Developer Selection (5.10) 230 of 340 231 of 340 232 of 340 233 of 340 234 of 340 235 of 340 236 of 340 237 of 340 238 of 340 239 of 340 240 of 340 241 of 340 242 of 340 243 of 340 244 of 340 245 of 340 246 of 340 247 of 340 248 of 340 249 of 340 10. B CITY MANAGER’S REPORT December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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 following modifications/changes to the EQUESTED CTION BY ITY OMMISSION personnel allocation for the following Departments/Divisions for the FY 13/14 Budget: Police (2110) Increase the number of Part time positions from zero (0) to two (2) part time positions and leaving the number of Full Time positions at 192. Communications (1810) Increase the number of Full Time positions from twenty-three (23) to twenty-six (26). ER: After reviewing the overall organization of the Police, XPLANATION OF EQUEST Communications, and Code Compliance Department/Division(s) there have been some changes/modifications that needed to be made to enhance the efficiency and effectiveness of the service being provided by the Department. Overall there is a need to make minor adjustments to the approved personnel allocation of Full and Part time positions in the FY13/14 Approved Budget to reflect current departmental operations and to reallocate personnel resources. The Police Department (2110) is in need of adjusting some full time positions from a specific job title to another and the addition of two (2) part time positions. In the Communications Division (1810) there is a need to increase the full time personnel from the approved twenty-three (23) positions to twenty-six (26) full time positions. No changes are required at this time in the Code Compliance Division (2120). 250 of 340 H? As a result of the recommended OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES changes the Chief believes that the organization will be better positioned to address the concerns of the citizens and public safety from a more proactive manner. It will provide better accountability for the sworn and non-sworn personnel. These changes are in line with some of the recommendations from the recent Police Management Study. It is also anticipated that these changes will reduce the amount of Overtime paid in Communications in the future. FI: There is no net fiscal impact to the FY 13/14 adopted budget between ISCAL MPACT Police (2110), Communications (1810), and Code Compliance (2120). There is a need to transfer funds in the amount of approximately $130,000 from salaries and benefits from Police (2110) to Communications (1810). A: Do not approve the addition of full and part time positions requested. LTERNATIVES 251 of 340 252 of 340 253 of 340 254 of 340 255 of 340 10. C CITY MANAGER’S REPORT December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. R13-134 - Adopt EQUESTED CTION BY ITY OMMISSION 2014 City of Boynton Beach Legislative Agenda ER: The purpose of the 2014 City of Boynton Beach Legislative XPLANATION OF EQUEST Agenda is to articulate, advocate, promote and advance issues that may significantly impact the City of Boynton Beach and provide direction to city staff and the city’s legislative lobbyist during the 2014 Legislative Session. H? To be determined based on OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES legislative bills that will be passed as a result of this current legislative session. FI: To be determined based on legislative bills that will be passed as a ISCAL MPACT result of this current legislative session. A: Not to create a legislative agenda. LTERNATIVES 256 of 340 RESOLUTION NO. R13-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AND ADOPTING THE 2014 CITY OF BOYNTON BEACH LEGISLATIVE AGENDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach has developed the 2014 Legislative Agenda to articulate, advocate, promote and advance issues that may significantly impact the City of Boynton Beach and provide direction to city staff and the city’s legislative lobbyist during the 2014 Legislative Session; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach approves and adopts the 2014 City of Boynton Beach Legislative Agend, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolutionshall become effective immediately upon passage. 257 of 340 PASSED AND ADOPTED by the City of Boynton Beach, this _____ Day of December, 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) 258 of 340 City of Boynton Beach City Commission 2014 Legislative Priorities Unfunded Mandates : Oppose any unfunded mandates imposed on local governments through the legislative or budget process. Communications Services and Local Business Tax Protection Support legislation that protects the general revenues collected from the communication services tax and the local business tax which are used to provide services that our citizens want and need including public infrastructure, public safety services and public transportation infrastructure. Sober Homes Support legislation that defines and establishes statewide minimum regulatory standards for properties used for sober home facilities and allows for more stringent local regulations of these. Legislation has been filed that will regulate, license or require certification of Sober Homes. We believe that appropriate oversight by the state is necessary to ensure that safe living environments are ensured for residents. Pension Reform Support legislation that affirms the home rule powers of municipalities to establish and fund municipal employee benefit levels and provides comprehensive pension reform that will ensure our employee pensions remains sustainable and available to all employees. Economic Development Support a full range of legislation that will help provide jobs, continue and strengthen incentives for target industries, support for small and home based businesses, and general business investment. Extension of Enterprise Zones Support legislation that will allow for the continuation of Enterprise Zones to provide economic growth, access to capital, technical assistance, urban infill and job creation. Government-Owned Utilities Monitor and oppose any legislation that will remove home rule authority for municipalities providing water and sewer services outside municipal boundaries. Water Monitor legislation relating to water, water quality, stormwater and centralized sewer systems to ensure that the state or special districts do not impose unfunded mandates on local government utilities and to oppose schools & other educational institutions exemption from stormwater fees. Transportation: Monitor and support legislation that preserves local control of transportation planning and provides opportunities for additional revenue options to fund municipal 259 of 340 transportation infrastructure projects including non-motorized transportation corridors and local transit connectivity to existing and proposed regional transit systems. Commuter Rail : Monitor and support legislative and budget opportunities related to FEC commuter rail station for downtown Boynton Beach and budgetary opportunities to offset infrastructure costs and continue efforts to work with the State and company representatives to endure funding is provided for safety measures and quiet zones at all railroad crossings. CRA/Downtown Redevelopment & Transit Oriented Development (TOD’s) Support and monitor legislation that will strengthen and support the planning and implementation of transit-oriented developments (TOD’s) on a local and/or regional scale. Eco-tourism and Marine Industry Incentives Support legislation that will assist in protecting our beaches and supporting the marine industry. These include bills to create new, and enhance existing programs related to working marina’s, increased funding for kayak/canoe launches and water taxi’s as well as access to local waterways. Greenways & Trails Support legislation that encourages and funds Greenways & Trails. This includes safe bikeways & pedestrian ways, connectivity with regional plans as well as other non- motorized transportation incentives. Cultural Tourism Support legislation that identifies the importance of cultural tourism as an economic driver for local governments and provides funding opportunities for the creation and continuation of public art, galleries, libraries, events and festivals. Historic Preservation Support legislation that recognizes the importance of local and regional historic preservation and creates funding opportunities for programming and infrastructure projects that support historic preservation and provides grant funding. Actively seek funding opportunities for the preservation and rehabilitation of the city’s Old High School. Public Safety Support legislation that creates funding opportunities for replacing or building needed public infrastructure for the safety and welfare of the citizens and employees of the City of Boynton Beach. Actively seek funding opportunities for a new Police Facility and City Hall. 260 of 340 10. D CITY MANAGER’S REPORT December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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: Discussion on repeal of Ordinance No. 090-79 EQUESTED CTION BY ITY OMMISSION creating the Boynton Beach Community Relations Board (CRB) and sunset the board. (Proposed Ordinance No.13-036 - First Reading) ER: The recommendation to examine current codes of advisory XPLANATION OF EQUEST boards and update the boards to better conform to current needs originally came out of the 2006 American Assembly: Committing to Our Future document. However, the GAP Analysis of that document identified that there was no suggested or introduced mechanism for examining the current codes for Advisory Boards or for establishing clear codes and objectives. As recruitment of Advisory Members still remained a challenge, at the request of the Commission, a Marketing Plan for Advisory Board recruitment was created and implemented in 2009 by the Director of Public Affairs. With no noticeable increase in applications, Lori LaVerriere, then the Assistant City Manager, requested at the April 20, 2010 Commission meeting that staff be allowed to move forward with an overall review of the advisory board program, their purposes and effectiveness as part of an overall objective to increase volunteerism and citizen engagement. Since that time, staff has conducted extensive research on volunteerism and conducted a survey of all the City’s the advisory board members. It was determined by staff that the best approach was to review each advisory board one at a time which would allow for additional comments and feedback from individual members at their regularly scheduled meetings. Based upon the review by staff of the surveys and meeting minutes and enacting ordinance of the Community Relations Board, it is staff recommendation that the advisory board be sunset by repealing Ordinance No. 090-79. The current mission as 261 of 340 detailed in Ord. 090-79 is no longer relevant and is redundant to existing functions being performed expeditiously by staff. In 1990 the Community Relations Board was mainly tasked with providing an alternative forum for peaceful redress of citizens’ complaints or grievances. Today with the continued improvements in technology, citizens have many venues with which to contact city staff and receive a response and/or resolution within 72 hours, if not sooner. As evidenced in a review of the Advisory Board minutes, there has been some uncertainty among board members as to the purpose and function of the CRB. In discussions with board members at their November 13, 2013 meeting, they were presented with the opportunity to request a different mission from the Commission that perhaps would be more relevant to the current needs of the City. Several suggestions were discussed but the final vote by the CRB was 4-2 to sunset the board. H? There is no anticipated affect to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City programs or services since multiple venues are available to citizens to report complaints and obtain information. And City staff will be expanding the available technology by February of 2014 to include complaint reporting and tracking through a GIS mapping web-based system that can be accessed from mobile devices such as smart phones, tablets and iPad’s as well as home computers. However, advisory board members were strongly encouraged to participate in the City’s volunteer bank in anticipation of future citizen engagement projects. FI: N/A ISCAL MPACT A: Do not repeal Ordinance 090-79. LTERNATIVES 262 of 340 ORDINANCE NO. 13-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING PART II, CHAPTER 2, ADMINISTRATION, ARTICLE VI, SEC. 2-101 THROUGH 2-106 OF THE CITY’S CODE OF ORDINANCES (ORDINANCE 90-79) WHICH CREATED THE BOYNTON BEACH COMMUNITY RELATIONS BOARD; PROVIDING FOR CONFLICTS; . SEVERABILITY; AND AN EFFECTIVE DATE WHEREAS, on January 2, 1991, the City Commission adopted Ordinance 90-79 creating the Community Relations Board; and WHEREAS, the 2006 American Assembly: Committing to Our Future recommended to examine current codes of advisory boards and update the boards to better conform to current needs of the City; and WHEREAS, based on a review by staff of surveys and meeting minutes, it is staff’s recommendation that the Community Relations Board which is advisory in nature, be sunset by repealing Ordinance No. 90-79 due to the fact that the current mission is no longer relevant and is redundant to existing functions being performed expeditiously by staff; and WHEREAS, the City Commission finds the repeal of Part II, Chapter 2, Article VI, is in the best interest of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof. Section 2. The City Commission of the City of Boynton Beach hereby repeals City Code of Ordinances, Part II, Chapter 2, Article VI, Community Relations Board in its entirety, as follows: ARTICLE VI. COMMUNITY RELATIONS BOARD 263 of 340 Sec. 2-101. Created. The city commission does hereby create the existence of an advisory citizens board, to be known as the “Boynton Beach Community Relations Board,” and hereinafter referred to as “the board.” (Ord. No. 90-79, § 2, 1-2-91) Sec. 2-102. Membership. The board shall be composed of nine (9) members and two (2) alternate members who are responsible law abiding citizens and shall be broadly representative of the social, economic, religious, ethnic and racial groups which comprise the population of the City of Boynton Beach. All members of the community relations board shall be residents and electors of the city. (Ord. No. 90-79, § 3, 1-2-91) Sec. 2-103. Appointment. Members of the community relations board shall be appointed by the mayor and the city commission as is currently in effect for all city boards. (Ord. No. 90-79, § 4, 1-2-91) Sec. 2-104. Terms. All members of the community relations board shall be appointed for three-year staggered terms. The two (2) alternate members shall be appointed to one-year terms. All members may be reappointed at the pleasure of the city commission at the termination of their appointment, with no limit as to the number of terms a member may serve. (Ord. No. 90-79, § 5, 1-2-91) Sec. 2-105. Filling vacancy. If a vacancy should occur on the community relations board, such vacancy shall be filled by the mayor and city commission who selects members of each group (for example, selections by the mayor), and the selected person shall serve for the unexpired term of the member's position which was vacated. The city commission may accept recommendations from the community relations board as to appointments to the board, and alternate members should be considered for regular appointments. (Ord. No. 90-79, § 6, 1-2-91) Sec. 2-106. Duties. (a) The community relations board, in general, is to be utilized as a forum for the hearing of grievances or complaints of all citizens of the city, and the board shall make timely recommendations to the city commission concerning such grievances or complaints. (b) Specifically, the Boynton Beach Community Relations Board duties, powers, authority, and functions include the following: (1) The board shall act only in an advisory capacity to the city commission, and the actions and decisions of the community relations board shall not be binding on the city, the city commission, or the city administration. (2) The board shall act as forum for grievances or complaints by citizens within the city. (3) The board shall consider matters that both: a. Are of a broad citywide concern; and b. Since the board is advisory only to the city commission, over which the city commission may have jurisdiction or have authority to act. (4) The board shall act as a forum for hearing disputes and/or grievances, and the board shall have the authority to conduct independent research into any complaints received by the board. (5) The board shall not consider any matter which involves a grievance or dispute between employers and employees, including those involving a city and its employees; nor shall the board specifically consider any matters which are in litigation or where there is a claim made in anticipation of such litigation. 264 of 340 (6) The community relations board shall hold meetings on a regular basis, which meetings shall be open to the public, minutes shall be kept of all such meetings, and any special meetings, with copies of such minutes, and any other reports, to be transmitted to the city commission and the city manager within thirty (30) days of such meeting. (7) The community relations board is authorized and encouraged to review matters which are the citywide concern, including but not limited to the relationships between members of the community-at-large to identify any concerns and problems of a citywide basis, to suggest to the city commission certain specific programs, guidelines, and outlines to address these identifiable problems, which programs would serve to promote harmony and communication between all of the residents and citizens of the city and to sponsor activities within the community which shall also serve to promote such harmony and communication. (8) The community relations board shall be concerned also with providing necessary information to the citizens of the city which concerns their health, safety, welfare or housing. (9) The board shall be empowered to review all requests for funds from all social service agencies, schools and/or community organizations and make recommendations to the city commission regarding such requests. The community relations board shall have no power to appropriate funds. (10) Members of the community relations board shall serve without compensation, but reasonable expenses, if any, shall be subject to reimbursement as provided by the city. (11) The board shall follow rules and procedures as described in Exhibit “A” attached hereto and incorporated by reference. Section 3. The appropriate members of the City staff are hereby authorized to take . any and all steps necessary to effectuate the intent of this Ordinance Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective on immediately upon passage. FIRST READING this ________ day of __________________, 2013. SECOND, FINAL READING AND PASSAGE this _____day of _______________, 2013. CITY OF BOYNTON BEACH, FLORIDA _______________________________ Mayor – Jerry Taylor 265 of 340 _______________________________ Vice Mayor – Woodrow L. Hay ________________________________ Commissioner – David T. Mercer ________________________________ Commissioner – Michael M. Fitzpatrick ________________________________ Commissioner – Joe Casello ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 266 of 340 267 of 340 268 of 340 269 of 340 270 of 340 271 of 340 272 of 340 273 of 340 274 of 340 275 of 340 276 of 340 277 of 340 278 of 340 279 of 340 280 of 340 281 of 340 282 of 340 283 of 340 284 of 340 285 of 340 286 of 340 287 of 340 288 of 340 10. E CITY MANAGER’S REPORT December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss handling reports of deceased animals and EQUESTED CTION BY ITY OMMISSION removal of them from public streets. ER: The City Manager requested the Police Department to XPLANATION OF EQUEST review how the reports of deceased animals and removal of them from public streets are currently being handled. (see attached) As a result of changes in the Animal Control area of the City in the recent years staff has had to decrease the level of service it provides as it relates to these types of calls for service. In response to citizen’s inquiries, City staff has reviewed its current level of service and what could be done to enhance it. After evaluating the cost and time of City personnel to provide this service versus contracting with a vendor, the Police Department feels it would be more effective and efficient to contract with a vendor. H? By contracting with a vendor to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provide this service it will allow the City to address these issues in a timely and cost effective manner. FI: It is estimated that the annual cost to utilize an outside vendor would be ISCAL MPACT approximately $6,000 - $10,000. Based on this estimated annual expense the City could solicit written quotes from three (3) vendors and award based on lowest costs. A: Not too contract with and outside vendor for these services. LTERNATIVES 289 of 340 290 of 340 13. A LEGAL December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - 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 291 of 340 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 292 of 340 293 of 340 294 of 340 295 of 340 296 of 340 297 of 340 298 of 340 299 of 340 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. 300 of 340 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. 301 of 340 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 302 of 340 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. 303 of 340 (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. 304 of 340 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 305 of 340 13. B LEGAL December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. 13-034 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - 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 306 of 340 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 307 of 340 308 of 340 309 of 340 310 of 340 311 of 340 312 of 340 313 of 340 314 of 340 315 of 340 316 of 340 317 of 340 13. C LEGAL December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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. 13-035 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - 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 318 of 340 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 319 of 340 320 of 340 321 of 340 322 of 340 323 of 340 324 of 340 325 of 340 326 of 340 327 of 340 328 of 340 329 of 340 330 of 340 331 of 340 332 of 340 333 of 340 334 of 340 335 of 340 336 of 340 337 of 340 338 of 340 14. A FUTURE AGENDA ITEMS December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Schedule Workshop date to discuss employee EQUESTED CTION BY ITY OMMISSION pensions per Strategic Plan Action Item 3.2 - 2/18/14 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 339 of 340 14. B FUTURE AGENDA ITEMS December 3, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 3, 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: Request by Commissioner Merker to discuss EQUESTED CTION BY ITY OMMISSION Advisory Board re-appointments be made in April of each year, after the March elections, instead of December of each year as is the current practice - 12/17/13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 340 of 340