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Agenda 04-01-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, APRIL 1, 2014 5:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Joe Casello Vice Mayor – District IV David T. Merker Commissioner – District I Mack McCray Commissioner – District II Michael M. Fitzpatrick Commissioner – District Ill 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 144 1. OPENINGS A. Call to order - Mayor Jerry Taylor CLOSED-DOOR SESSION COMMENCING AT 5:30 P.M. ON APRIL 1, 2014 IN THE CASES OF BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract) AND BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. ri) 502013CA011436XXXXMB AY (Writ of Certiora B. Invocation by Rev. Georgia Hillesland, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor Casello 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. Announcement by Director of Development, Nancy Byrne, regarding the annual public meeting for public input related to the Community Development Block Grant program and funding availability for fiscal year 2014/2015. B. The second meeting in April, originally scheduled for Tuesday, April 15, 2014, has been rescheduled to Wednesday, April 16, 2014 at 6:30 p.m. in observance of Passover. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 of 144 5. ADMINISTRATIVE PROPOSED RESOLUTION NO. R14-027 A. - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities PROPOSED RESOLUTION NO. R14-028 B. - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization PROPOSED RESOLUTION NO. R14-029 C. - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) PROPOSED RESOLUTION NO. R14-030 D. - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program E. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 4 regulars and 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the five (5) month period ended February 28, 2014. B. Approve the list of top ranked proposers in each of the four (4) established Scope Categories as determined by the Evaluation Committees and authorize staff to conduct negotiations with said recommended proposers to establish a contract in accordance with Request for Qualifications - RFQ No.: 017-2821- 14/DJL for General Consulting Services and as per Florida Statutes 287.055, Consultants' Competitive Negotiations Act (CCNA). At completion of negotiations contracts will be brought back to the Commission for approval. 4 of 144 PROPOSED RESOLUTION NO. R14-031 C. - Support the Palm Beach County MPO efforts to secure Federal funding in the form of a Transportation Investments Generating Economic Recovery (TIGER) grant for quiet zone improvements to provide a safe area where train horns are not routinely sounded. D. Approve the minutes from the Regular City Commission meeting held on March 18, 2014 E. Accept the resignation of William Orlove, a regular member of the Arts Commission 7. BIDS AND PURCHASES OVER $100,000 A. Approve the Automobile Liability and Damage Insurance and Property and Casualty Insurance Program Renewals for policy year 2014-2015 and authorize the City Manager to execute required documents. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R14-032 A. - Approve implementing the Conditional Lien Waiver Pilot Program B. Confirm Budget Workshop dates/times for FY 14/15 Operating and Capital Budget - July 21-23, 2014 in City Library Program Room. 11. UNFINISHED BUSINESS None 5 of 144 12. NEW BUSINESS A. Consider the recommendation from the Recreation & Parks Advisory Board to amend Code of Ordinances Sec. 16-39, which prohibits any dog at any park at any time whether muzzled, leashed or not. The Advisory Board recommends allowing leashed dogs at the following parks for a period of one year: - Jaycee Park - 2600 South Federal Hwy. - Intracoastal Park - 2240 North Federal Hwy. - Dewey Park - 100 N.E. 4th Street - Boynton Lakes Park - 300 Boynton Lakes Blvd. B. Discuss request from Sister Cities Committee to send a delegation to Les Cayes, Haiti in May 1-5, 2014 C. Discuss possible drug testing of elected officials - per the request of Commissioner Merker D. Discuss term limits: Separating terms served as a Commissioner and terms served as Mayor - per the request of Commissioner McCray 13. LEGAL PROPOSED ORDINANCE NO. 14-002 - SECOND READING - PUBLIC A. HEARING - Approve Ordinance rescinding Ordinance 13-014 which changed the land use designation for a parcel of land located at 125 East Ocean Avenue from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); restoring Public and Private Governmental /Institutional (PPGI) land use to the TABLED 3/18/14 property. - PROPOSED ORDINANCE NO. 14-004 - FIRST READING B. - Approve Ordinance rescinding Ordinance 13-001 which established a local/city historic TABLED 3/18/14 designation for the Old High School. - PROPOSED ORDINANCE NO. 14-005 - FIRST READING C. - Approve the historic designation application for the Lake Boynton Estates Entry Feature located at 569 West Ocean Avenue, Boynton Beach 14. FUTURE AGENDA ITEMS A. Commission review and approval of Community Development Block Grant One-Year Action Plan including applicants for funding - June 3, 2014 B. Art In Public Places (AIPP) Strategic Plan 5-year update - 4/15/14 15. BRAND PROMISE STATEMENT “BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 6 of 144 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 144 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement by Director of Development, Nancy EQUESTED CTION BY ITY OMMISSION Byrne, regarding the annual public meeting for public input related to the Community Development Block Grant program and funding availability for fiscal year 2014/2015. ER: The Community Improvement Division will hold a special XPLANATION OF EQUEST meeting for the residents of the City of Boynton Beach as part of the planning process for Fiscal Year 2014/2015 to receive input from the Community concerning housing and non-housing community development needs to be considered for the preparation of the City’s One (1) Year Action Plan and program application for submission to the U.S. Department of Housing and Urban Development. Thursday, April 10th, 2014, at 5:00 p.m. in the This special meeting will be held Commission Chambers of City Hall, 100 E. Boynton Beach Blvd. $439,073 The City expects to receive approximately for programs related to the One Year Action Plan. Applications for funding under the Community Development Block Grant Program for Fiscal Year 2014/2015will be available at this meeting and questions related to the application will be addressed. Participating non-profit organizations and other interested agencies are invited to submit CDBG Applications that would benefit very low, low and moderate-income residents, special needs population, or aid in the prevention or elimination of slum, or blight, or meet an urgent community development need. Eligible activities include, among others, economic development, public services, and housing rehabilitation under special provisions. 8 of 144 All completed applications for CDBG funding must be received by the Community th 5:30 p.m. April 28, 2014 Improvement Division no later than . H? The block grant funding helps the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City to pay for much needed public services for its residents. FI: Federal Community Development Block Grant funds are available to ISCAL MPACT the City of Boynton Beach as an entitlement community. The City hopes to receive approximately $439,073 in funding for fiscal year 2014/15. A: Do not allow announcement. LTERNATIVES 9 of 144 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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: The second meeting in April, originally scheduled EQUESTED CTION BY ITY OMMISSION for Tuesday, April 15, 2014, has been rescheduled to Wednesday, April 16, 2014 at 6:30 p.m. in observance of Passover. ER: The Jewish holiday of Passover begins at sundown on XPLANATION OF EQUEST Monday, April 14, 2014. In observance of that holiday, the City Commission meeting has been rescheduled for Wednesday, April 14, 2014. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None LTERNATIVES 10 of 144 5. A ADMINISTRATIVE April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. R14-027 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Palm Beach County League of Cities ER: The Palm Beach County League of Cities shall advocate the XPLANATION OF EQUEST collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. H? Maintain awareness and have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES input into matters of significance to the City. FI: None ISCAL MPACT A: The alternative would be to not make an appointment to this LTERNATIVES organization. 11 of 144 RESOLUTION NO. R14-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING ____________________________ AS ALTERNATE REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _________________________ as a representative to the League of Cities and appoints _______________________________ as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. 12 of 144 PASSED AND ADOPTED this ______ day of April, 2014. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Joe Casello ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Mack McCray ___________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - Palm Beach County League of Cities 2014.doc 13 of 144 14 of 144 5. B ADMINISTRATIVE April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. R14-028 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Metropolitan Planning Organization ER: The Metropolitan Planning Organization was created by XPLANATION OF EQUEST federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal bodies. The responsibilities of the MPO encompass multi- modal transportation planning and addresses short-term (five-year) and long-range (20- rd year) time frames. The MPO meeting is held on the 3 Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last two hours. H? Maintain communications and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of MPO initiatives that may affect the City. FI: None ISCAL MPACT A: The alternative would be to not make an appointment to this LTERNATIVES organization. 15 of 144 RESOLUTION NO. R14-028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING ________________ AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Metropolitan Planning Organization and appoints _________________________ as alternate representative to the Metropolitan Planning Organization. Section 3. That this Resolution shall become effective immediately upon passage. 16 of 144 PASSED AND ADOPTED this 1st day of April, 2014. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Joe Casello ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Mack McCray ___________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - Metropolitan Planning Organization 2014.doc 17 of 144 18 of 144 5. C ADMINISTRATIVE April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. R14-029 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) ER: The Coalition of Boynton West Residents Association XPLANATION OF EQUEST (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of rd interest or concern. The meeting is held the 3 Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. H? Maintain awareness of matters of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES significance to the City. FI: None ISCAL MPACT A: The alternative to this decision would be to not make an appointment to LTERNATIVES this association. 19 of 144 RESOLUTION NO. R14-029 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING _________________________________ AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA) and appoints _________________________________ as alternate representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 1st day of April, 2014. CITY OF BOYNTON BEACH, FLORIDA 20 of 144 ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Joe Casello ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Mack McCray ___________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - COBWRA Appt 2014.doc 21 of 144 22 of 144 5. D ADMINISTRATIVE April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. R14-030 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program ER: The Countywide Intergovernmental Coordination Program XPLANATION OF EQUEST has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. H? Maintain awareness and have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES input into matters of inter-jurisdictional significance. FI: None ISCAL MPACT A: The alternative would be to not make an appointment to this LTERNATIVES organization. 23 of 144 RESOLUTION NO. R14-030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM AND APPOINTING __________________________ AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Countywide Intergovernmental Coordination Program and appoints _________________________ as alternate representative to the Countywide Intergovernmental Coordination Program. Section 3. That this Resolution shall become effective immediately upon passage. 24 of 144 PASSED AND ADOPTED this 1st day of April, 2014. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice-Mayor – Joe Casello ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Mack McCray ___________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - Countywide Intergovernmental Coordination Program 2014.doc 25 of 144 26 of 144 5. E ADMINISTRATIVE April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 4 regulars and 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT 27 of 144 A: Allow vacancies to remain unfilled. LTERNATIVES 28 of 144 29 of 144 30 of 144 31 of 144 32 of 144 33 of 144 6. A CONSENT AGENDA April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2013 -14 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the five (5) month period ended February 28, 2014. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the five (5) month period ended February 28, 2014 (42% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 34 of 144 GENERAL FUND FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 71,267$ 43,83362%$ 69,643$ 40,94559%2%7% Expenditures$ (71,267)$ (35,750)50%$ (69,643)$ (33,214)48%2%8% Excess (Deficit)$ -$ 8,083$ -$ 7,731 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $54.3 M or 76% of our total $71.2 M General Fund budget estimate for FY 2013-14. Transfers from other funds (non- revenues) provide $16.9 M or 24% of the total funding sources to balance our $71.2 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 36% - $ 25.3 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 29.0 M – All other revenues plus General Fund Balance 3._24% - $ 16.9 M – Transfers from other funds 100% - $ 71.2 M – Total funding sources The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills; the net property taxes of $29.7 M in FY 2013-14 represent a 10% increase in property tax revenue or an increase of $2.7 M from FY 2012-13. To balance the budget in FY 2013-14, it required transfers from other funds of $16.9 M representing 24% of all funding sources. Actual Funding Sources Realized: At the end of the fifth month in FY 2013-14, revenues and transfers realized are approximately $43.8 M of the budget estimate compared to $40.9 M realized to date in FY 2012-13. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $26.2 M as compared to $22.5 M for FY 2012-13, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $1.62 M or 37% actual collected compared to $1.88 M or 42% in FY 2012-13. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2013-14, $1.3 M or 95% has been collected compared to the FY 2012-13 amount of $1.26 M or 93%. State Shared revenues 3. of $2.9 M or 42% have been collected in FY2013-14 as compared to $2.7 M or 41% received in FY 2012-13. Public Safety revenues 4. at this point is ahead of the budgeted amount; $1.8 M or 44% was received compared to $1.6 M or 42% for FY 2012-13. 35 of 144 Special Assessment revenues, 5. related to Fire and Rescue, in the amount of $4.2 M or 86% has been collected compared to $4.0 or 83% in FY 2012-13. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 2.3% from $69.6 M to $71.2 M. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increases for insurance costs. Actual Expenditures – General Fund expenditures for the five month period ending February 28 (42% of the fiscal year) are $35.7 M that is 50% of the $71.2 M expenditure appropriation for FY 2013-14. The table at the top of Exhibit B displays actual expenditures of $35.7 M or 50% of the FY 2013-14 budget. At this point in the fiscal year, spending levels are slightly ahead compared to the $33.2 M or 48% actual spending levels in FY 2012-13 for this same period. UTILITY FUND The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of an estimated $49K into the fund balance for FY 2013-14. FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 39,167$ 17,34144%$ 37,719$ 15,97742%4%9% Expenditures$ (39,167)$ (16,936)43%$ (37,719)$ (15,769)42%4%7% Excess (Deficit)$ -$ 405$ -$ 208 For the five month period in FY 2013-14,  Revenues realized are $17.3 M (44%) of the annual budget estimate.  Expenditures incurred are $15.9 M (42%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $404 K. The following provides brief comments on the Utility Fund revenues and expenditures to date. 36 of 144 Revenues (Exhibit C) - The $17.3 M in FY 2013-14 actual revenues and fund balance have increased over the $15.9 M in FY 2012-13, because of two factors:  Water Sales - $8.0 M equivalent to 45% of the annual estimate, compared to $7.6 M or 43% at this point in FY 2012-13.  Water Service Charge - $469 K equivalent to 104% of the annual estimate, compared to $199 K at this point in FY 2012-13, due to a vigorous collection process.  Sewer Service - $7.2 M equivalent to 43% of the annual estimate, compared to $7.0 M or 42% at this point in FY 2012-13.  In FY 2013-14, $ 49 K is being recognized as an added increase to fund balance, compared to an added increase of $ 1.2 M in FY 2012-13. Expenditures (Exhibit D) – Utility Fund FY 2013-14 expenditures to date are $16.9 M or 43% of the annual appropriation compared to expenditures of $15.7 M or 42% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 37 of 144 38 of 144 39 of 144 40 of 144 41 of 144 6. B CONSENT AGENDA April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the list of top ranked proposers in each of EQUESTED CTION BY ITY OMMISSION the four (4) established Scope Categories as determined by the Evaluation Committees and authorize staff to conduct negotiations with said recommended proposers to establish a contract in accordance with Request for Qualifications - RFQ No.: 017-2821-14/DJL for General Consulting Services and as per Florida Statutes 287.055, Consultants' Competitive Negotiations Act (CCNA). At completion of negotiations contracts will be brought back to the Commission for approval. ER: XPLANATION OF EQUEST The City issued a Request for Qualifications on November 8, 2013 to establish a continuing services contract for an initial three (3) year period with two (2) additional one (1) year renewals for General Consulting Services. The contract will facilitate on-going capital improvement projects City-wide to include the Utilities Department by establishing a pool of consultants. The intention of this pool is to ensure equitable distribution of work with firms who will be responsible for services in the following Scope Categories: Scope A – Water Plant Modifications and Capacity Evaluation/Wellfield Development and Hydrogeological Services; Scope B – Infrastructure Improvements; Scope C – Ancillary Studies and Services; and Scope D – Architectural and Landscape Design Services. There will be three (3) firms representing each of the stated Scope Categories. On January 16, 2014, the date for submissions; twenty-three (23) firms responded in one (1) or more Scope Categories. Due to the number of proposal responses, there were four (4) established Selection Committees, one for each Scope Category. Public meetings were held on February 27, 2014 and March 5, 2014 respectively with the Members to reveal and discuss the 42 of 144 scores from the evaluated proposals. As a result, staff is requesting authorization to negotiate contracts with the following firms, with the highest ranked firm listed first per Scope Category: Scope Category A – Globaltech, Inc., MWH, Carollo Engineers, Inc. Scope Category B – Mathews Consulting, Inc., AECOM Technical Services, Inc. Erdman Anthony Scope Category C – GAI Consultants, Inc., Carollo Engineers, Inc. Mathews Consulting, Inc. Scope Category D – Stantec Consulting Services, Inc., Kimley-Horn and Associates, Inc., CPH, Inc. and Studio Sprout, Inc. (tied for third) Please see attached memorandum for further detail. Please be advised that MWH is currently involved in a bid protest with the City relating to the award of the Contract for the Ion Exchange Resin Plant and East Water Treatment Plant Improvements. Stipulated within the RFQ’s Scope of Services require issuance of task orders at the time the projects are realized, and as such will be submitted to the Commission for approval in accordance with the City’s Purchasing policies and procedures. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By providing staff with the ability to negotiate for contracts, this will facilitate on-going capital improvement projects that will effectively and efficiently enhance operations City- wide. FI: ISCAL MPACT There is no fiscal impact as a result of this approval; a contract between the City and the selected firms will be submitted to Commission for approval. A: LTERNATIVES City Commission may request oral presentations from the proposers and act accordingly, or not approve the rankings as provided and request that a new RFQ be advertised. 43 of 144 44 of 144 45 of 144 46 of 144 47 of 144 48 of 144 49 of 144 6. C CONSENT AGENDA April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. R14-031 - EQUESTED CTION BY ITY OMMISSION Support the Palm Beach County MPO efforts to secure Federal funding in the form of a Transportation Investments Generating Economic Recovery (TIGER) grant for quiet zone improvements to provide a safe area where train horns are not routinely sounded. ER: The All Aboard Florida (AAF) project design development is XPLANATION OF EQUEST continuing at a rapid pace. Work planned by AAF includes construction of a new track in Boynton Beach on the west side of the existing line. Work will also include necessary crossing improvements and safety devices such as gates and flashing lights. This work is being funded by AAF. However, AAF will not be funding improvements required to garner a quiet zone through southeast Florida. A quiet zone would provide for elimination of train horns by substituting various Supplemental Safety Measures (SSM). These measures can include four quadrant gates, one way streets, barrier medians on the intersecting roadway or complete crossing closure. Traditionally, the SSM cost is borne by the affected municipality because a quiet zone is deemed to be a quality of life issue for local residents. Because the AAF project is proceeding at a rapid pace local agencies have not been able to plan or budget funds for quiet zone implementation. To compound matters, it has been difficult to estimate quiet zone costs when final design documents are not ready for municipal review. As such, both the Palm Beach County and Broward County Metropolitan Planning Organizations (MPO) have assumed a valuable leadership role 50 of 144 related to project development for quiet zones. Furthermore, the League of Cities has performed a unifying role between affected municipal technical and legal staffs. The Palm Beach County MPO finds that the preliminary quiet zone cost estimate for the work in Palm Beach County is around $17.9M. The Palm Beach County MPO has dedicated $6.6M in funding for quiet zones in Palm Beach County leaving a funding deficit of $11.3M, an amount that either must be borne by local municipalities or another agency. In scenario, the MPO is hoping that the other agency can be the United States Department of Transportation via its Transportation Investment Generating Economic Recovery (TIGER) program. The Broward County MPO is conducting a similar cost analysis. The Palm Beach County and Broward County MPO’s are preparing a joint application for TIGER funding to supplement local funds designated by the MPO’s for quiet zone implementation. The application window is very short requiring accelerated work. The MPO’s are asking that affected municipalities approve the attached resolution of support for TIGER funding. Separately, the MPO’s have provided a sample letter that can be distributed to other local entities and agencies whereby they too can show their support for the TIGER grant application. That is attached as well. H? By supporting the MPO’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES application for TIGER funding, the City could possibly receive assistance with the cost of implementing quiet zones along the All Aboard Florida rail system. FI: No immediate impact to supporting the TIGER application. Final costs ISCAL MPACT for quiet zones are undetermined at this time. A: Not support the MPO’s TIGER grant application. LTERNATIVES 51 of 144 RESOLUTION NO. R14-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING EFFORTS OF THE PALM BEACH AND BROWARD COUNTIES METROPOLITAN PLANNING ORGANIZATIONS TO SECURE A TRANSPORTATION INVESTEMENTS GENERATING ECONOMIC RECOVERY (TIGER) GRANT FOR QUIET ZONE AND OTHER SAFETY IMPROVEMENTS IN THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the FEC rail corridor is a linear rail corridor connecting historic mixed-use downtowns along Florida’s east coast; and WHEREAS, rail/roadway grade crossings occur throughout the historic downtowns along Florida’s east coast; and WHEREAS , these historic downtowns are realizing higher density population WHEREAS , the City of Boynton Beach supports the efforts of All Aboard Florida to construct high speed passenger facilities in order to provide alternative passenger transportation between Miami and Orlando thereby serving these population centers, and WHEREAS , enhance passenger rail services provided by All Aboard Florida will further enhance the City of Boynton Beach’s efforts to construct transit oriented development along the FEC rail corridor, and WHEREAS , southeast Florida is now presented with a unique opportunity to create a public-private partnership that can provide improved safety and quality of life along the FEC rail corridor, and WHEREAS , railroads are vital for transportation and commerce, but they can also create high noise levels from passing train horns; and WHEREAS , Quiet zones can be installed as part of the All Aboard Florida project thus leading to incremental cost savings to the taxpayer resulting from the large scope of the overall project, and 52 of 144 WHEREAS , Quiet zones will enhance the quality of life of individuals residing near railroad grade crossings, further encouraging migration of people to more dense transit oriented lifestyles, WHEREAS , the expansion of intermodal facilities such as Port of Miami, Port Everglades and the Port of Palm Beach will enhance the ability to increase and process freight, expanding economic activity in South Florida; and WHEREAS , these freight improvements are projected to increase the intensity of freight trains traversing the FEC corridor, both in number and size; and WHEREAS , the installation of additional safety and quiet zone infrastructure and multi- modal connectivity at grade crossings will reduce neighborhood impacts from freight and improve the economic vitality of historic mixed-use downtowns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1: The “Whereas” clauses set forth hereinabove are incorporated herein by reference. Section 2: The City Commission of the City of Boynton Beach supports the efforts the Palm Beach and Broward County Metropolitan Planning Organization to secure Federal funding in the form of a Transportation Investments Generating Economic Recovery (TIGER) grant for quiet zone improvements to provide a safe area where train horns are not routinely sounded. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 1st day of April, 2014. CITY OF BOYNTON BEACH ______________________________ Mayor – Jerry Taylor 53 of 144 ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 54 of 144 WHEREAS, the FEC rail corridor is a linear rail corridor connecting historic mixed-use downtowns along Florida’s east coast; and WHEREAS, rail/roadway grade crossings occur throughout the historic downtowns along Florida’s east coast; WHEREAS, railroads are vital for commerce, but they can also create high noise levels from passing train horns; and WHEREAS, the expansion of intermodal facilities such as Port Miami, Port Everglades and the Port of Palm Beach will enhance the ability to increase and process freight, expanding economic activity in South Florida; and WHEREAS, these freight improvements are projected to increase the intensity of freight trains traversing the FEC corridor, both in number and size; and WHEREAS, the installation of additional safety infrastructure and multi-modal connectivity at grade crossings will reduce neighborhood impacts from freight and improve the economic vitality of historic mixed-use downtowns; NOW THEREFORE BE IT RESOLVED that: herehere [Click and type agency name] supports the [Click and type MPO name] efforts to secure Federal funding in the form of a Transportation Investments Generating Economic Recovery (TIGER) grant for quiet zone improvements to provide a safe area where train horns are not routinely sounded. 55 of 144 here [Click and type date] Secretary of Transportation U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Dear Secretary Foxx: here [Click and type agency name] enthusiastically supports the installation of additional safety equipment to allow for quiet zones to be established along the Florida East Coast (FEC) railroad corridor. Railroads are vital for commerce, but they can also create high noise levels from passing train horns. The expansion of intermodal facilities such as Port Miami, Port Everglades and the Port of Palm Beach will enhance economic activity in South Florida. It will also increase the number of trains traversing the FEC corridor. A quiet zone will provide a safe area where train horns are not routinely sounded. The decreasing noise level for nearby residents, schools and businesses will improve quality of life while accommodating greater trade with domestic and international partners. We are in strong support of the application from Southeast Florida regarding the use of Federal dollars through the Transportation Investments Generating Economic Recovery (TIGER) program for this purpose. Thank you for your consideration of this project. Sincerely, here [Click and type sender's full name] here [Click and type sender's title] here [Click and type agency] 56 of 144 6. D CONSENT AGENDA April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on March 18, 2014 The City Commission met on March 18, 2014 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 57 of 144 58 of 144 59 of 144 60 of 144 61 of 144 62 of 144 63 of 144 64 of 144 65 of 144 66 of 144 67 of 144 68 of 144 69 of 144 70 of 144 71 of 144 72 of 144 73 of 144 74 of 144 75 of 144 76 of 144 77 of 144 6. E CONSENT AGENDA April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of William Orlove, a regular EQUESTED CTION BY ITY OMMISSION member of the Arts Commission ER: William Orlove has submitted his resignation as a Regular XPLANATION OF EQUEST member of the Arts Commission. H? The Arts Commission will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 78 of 144 79 of 144 7. A BIDS AND PURCHASES OVER $100,000 April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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 Automobile Liability and Damage EQUESTED CTION BY ITY OMMISSION Insurance and Property and Casualty Insurance Program Renewals for policy year 2014-2015 and authorize the City Manager to execute required documents. POLICYRENEWALPERIOD: A1,2014M31,2015 PRIL TO ARCH ER: On March 4, 2014, the Commission approved Arthur J XPLANATION OF EQUEST Gallagher & Co. and the Gehring Group as insurance brokers for the City’s Automobile Damage and Liability and the Property and Casualty Insurance Program as a result of the Request for Proposal No. 033-1710-14/JMA for the “Three Year Contract for Insurance Broker Services”. The brokers submitted recommendations for renewals for specific lines of insurance coverage for consideration. The Gehring Group did approach Florida Municipal Insurance Trust (FMIT) for a proposal, but FMIT declined due to the close geographic proximity of other current members, thereby creating too high of a risk for them in a catastrophic event. Outlined below are the recommended automobile damage and liability and property and casualty insurance renewals for policy year 2014- 2015 (April 1, 2014 to March 31, 2015) to provide excess insurance for self-insured Casualty program and primary insurance with fully insured Property program. The proposals from the insurance brokers are attached. Final premium amounts will be confirmed when the renewal documents are executed due to the maximum allowed broker fees in accordance with the Broker Agreement. 80 of 144 2012-2013 2013-2014 2014-2015 PROPERTY VALUES Municipal Property: Loss Limit $100,001,133 $101,782,806 $90,000,000  $10,000,000 $10,000,000 $10,000,000 Named Storm Limit Utilities Property: $91,772,153 $91,772,153 $62,370,298 Loss Limit $30,000,000 $30,000,000 $30,000,000  Named Windstorm Limit Exposures Total Insurable Values: Municipality $100,001,133 $101,782,806 $97,932,276 Utilities $91,772,153 $91,772,153 $62,370,298 PREMIUMS Municipality $644,000.00 $669,822.00 $500,000.00 Taxes, Assessments and Fees $45,876.00 $46,207.00 $11,504.00 Municipality Total $689,876.00 $716,029.00 $511,504.00 Utilities $278,276.00 $292,119.00 $197,000.00 Taxes & Fees $6,724.00 $6,723.00 $6,111.00 Engineering Fee $4,000.00 $4,000.00 $4,000.00 Utility Total $289,000.00 $302,842.00 $207,111.00 Public Entity Excess Liability $175,500.00 $220,200.00 $210,700.00 Excess Workers’ Compensation Included $105,188.00 $123,586.00 Required Fees, Taxes & Assessments $2,281.50 $2,862.60 $2,739.10 Public Entity Excess Liability Total $177,781.50 $328,250.60 $337,025.10 Crime Insurance $2,500.00 $2,500.00 $2,500.00 Required Fees, Taxes & Assessments $32.50 $32.50 $32.50 Crime Insurance Total $2,532.50 $2,532.50 $2,532.50 GRAND TOTAL $939,190.00 $1,349,654.10 $1,058,172.60 H? This will allow for continuing OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES insurance program operations as currently established. FI: Premium costs to be allocated to Risk Management Department budget ISCAL MPACT line items: 522-1710-519.45-03,522-1710-519.45-04, 522-1710-519-45.05 and 522- 1710-519-45.09. Arthur J. Gallagher presented the lowest premium package for renewal period April 1, 2014 through March 31, 2015. Arthur J. Gallagher’s proposed broker fees of “Not to Exceed $75,000.00” are included in the premiums as outlined above. Since Arthur J. Gallagher’s proposal was selected, there is no fee for Gehring Group for this renewal period. A: To allow the City to be uninsured for excess coverage of the self- LTERNATIVES insured Casualty program and uninsured for primary insurance of the fully insured Property program. 81 of 144 82 of 144 83 of 144 84 of 144 85 of 144 86 of 144 10. A CITY MANAGER’S REPORT April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. R14-032 - EQUESTED CTION BY ITY OMMISSION Approve implementing the Conditional Lien Waiver Pilot Program ER: Consistent with the Economic Development Initiatives and XPLANATION OF EQUEST Implementation Plan (EDIIP) that recommends new initiatives and programs to further the City’s economic development goals, staff is recommending the adoption of a new pilot program for a period of one year titled the Conditional Lien Waiver Program. The new program has been designed incorporating lien waiver programs of other cities in Florida to assist in the redevelopment of commercial and residential properties by removing City code liens which often pose a barrier to obtaining clear and marketable title. The clear and marketable title in turn will give interested property owners the ability to gain needed financing to bring properties into compliance or will allow tor the transfer title to new property owners interested in bringing the properties into compliance. To ensure the process is expeditious in nature, the City Manager is granted the authority to administratively settle the code liens and simultaneously enter into agreements with property owners granting a defined time period to bring the property into compliance. If the properties are not brought into compliance within the agreed upon timeframe or the agreements are not extended, code liens will retroactively be placed on the properties placing the City in the same basic position it was before the settlements of having code liens on the properties. H? In the past, the City has had difficulty OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in bringing about chronically blighted properties into compliance that possess City code liens. It’s expected the new program will assist in removing this barrier. 87 of 144 FI : TBD ISCAL MPACT A: Do not implement the Conditional Lien Waiver Program and continue working LTERNATIVES through the existing programs to try and bring about compliance. 88 of 144 RESOLUTION NO. R14-032 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IMPLEMENTING A PILOT PROGRAM ENTITLED "CONDITIONAL LIEN REDUCTION PROGRAM"; PROVIDING AUTHORIZATION FOR CITY STAFF TO ADMINISTRATIVELY SETTLE LIENS AND ENTER INTO AGREEMENTS WITH HOMEOWNERS AND BUYERS TO BRING A PROPERTY INTO COMPLIANCE; AUTHORIZING THE CITY'S CODE ENFORCEMENT SPECIAL MAGISTRATE TO APPROVE STIPULATED AGREEMENTS NEGOTIATED THROUGH THE CONDITIONAL LIEN REDUCTION PROCESS; PROVIDING FOR LIEN REDUCTION CONSISTENT WITH THE REQUIREMENTS HEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is authorized to enact laws relating to local code enforcement procedures pursuant to Section 166.021(1), Florida Statutes, and Chapter 162, Florida Statutes; WHEREAS, once an order imposing fine is recorded, it constitutes a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; WHEREAS, Section 162.09(3), Florida Statutes, provides that code enforcement order liens run in favor of the City Commission and that the City may agree to satisfy or release code enforcement liens; WHEREAS, the City Commission has delegated the authority to mitigate liens to the City’s Code Enforcement Board and Code Enforcement Special Magistrate; and WHEREAS, the City Code requires a property to be in compliance prior to enabling a party to avail itself of lien reduction before the City’s Code Enforcement Board or Code Enforcement Special Magistrate; and WHEREAS, the City Commission finds that the city’s code enforcement procedures are intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing and gaining compliance with the code, and that foreclosure of liens should be a last resort to gain compliance; and WHEREAS, the City Commission recognizes that having a lien filed against real and personal property may not be the most expeditious or effective method of gaining compliance and, in some cases, may create a hardship for citizens; and WHEREAS, the City Commission is desirous of creating an opportunity for a property owner who owns a property that is not in compliance to have the opportunity to work with the City Manager and City Administration to settle the lien conditioned upon the property 89 of 144 owner or buyer entering into a Stipulated Agreement with the City to bring the property into compliance; and WHEREAS, the City Commission hereby delegates lien settlement authority to the City Manager, subject to the terms and conditions set forth herein; and WHEREAS, the City’s interest in facilitating the sales or refinancing of properties in that are not in compliance reflects the public interest of maintaining the general appearance and beneficial use of property; and WHEREAS, it is recommended that a pilot program be instituted for one year period so the effectiveness and demand for the program may be evaluated; and WHEREAS, the City Commission finds that it will promote, protect, and improve the health, safety, and welfare of the citizens by establishing a conditional lien reduction program. 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 part of this Resolution. Section 2. The City hereby establishes a pilot program for a one-year period for the institution of a conditional lien reduction process for properties within the City that are not in compliance; and therefore are unable to request lien reduction by the Code Enforcement Board or Special Magistrate, under the terms and conditions set forth herein: Conditional Lien Reduction Procedures 1.A party seeking reduction of daily fines or penalty fees accrued through a code enforcement lien, when a property is not in compliance, must submit a written application to the Code Compliance Division. In the application, the applicant shall explain the basis for the request, and complete all information requested in the application. Incomplete applications shall be returned to the applicant prior to acceptance by the City, and if not returned with all required information completed within thirty (30) days the application shall be considered withdrawn. 2.The non-refundable application fee shall be a fee of two hundred dollars ($200.00), with a fee of fifty dollars ($50.00) for each additional lien recorded against the property, payable at the time the application is submitted. The application will not be considered by the City until the application fee is paid in full. The amount of the application fee may be revised by the City Commission by resolution. 3.Upon receipt of an application, the City shall confirm that subject property is free of all outstanding debts (including taxes) due to the city. 90 of 144 4.The applicant shall provide any documentation, including, without limitation, photographs, receipts, permits, and similar items, which the applicant wishes to have considered as part of the request. 5.Upon the City's receipt of a complete application and payment of the application fee, a City code enforcement officer shall inspect the applicant's property to ascertain outstanding violations existing at the property. The code enforcement officer shall provide the applicant with a written explanation of the remaining items that must be completed in order to bring the property into compliance. 6.Upon the completion of the property inspection, the City Manager shall convene a “Conditional Lien Reduction Committee” comprised of the Economic Development Manager, Code Compliance Coordinator and Building Official/City Engineer, or their department designee, who shall consider the factors required by this section and make a specific recommendation with regard to the amount to which the accrued fines set forth in the lien(s) should be reduced, if at all, and an appropriate time for compliance. 7.When determining the recommended lien settlement amount, the Conditional Lien Reduction Committee shall consider the following: A.Statutory criteria: i. The gravity of the violation; ii.Efforts, if any, taken by the violator/property owner to come into compliance; and, iii.Any previous code violations by violator B.May consider other factors the Conditional Lien Reduction Committee deems relevant, including, without limitation, the length the violation remained in place, any difficulties or unique circumstances affecting the ability to come into compliance, the level of investment necessary to bring the property into compliance, accrued amount of the lien, current property value compared to the accrued lien, time and incurred costs by City to bring the property into compliance, current ownership of the property, ie. Owner-occupied, REO or investment property and any other factors the Conditional Lien Reduction Committee deems relevant. 8.The City's costs of enforcement, including, without limitation, any charges resulting from City's abatement of health and safety violations on the property and administrative costs shall not be mitigated or reduced. 9.The Conditional Lien Reduction Committee shall also review the status of the violations on the property, and determine a reasonable amount of time for the owner/buyer to bring the property into compliance. This time shall be agreed upon by the City and owner/buyer, and as a condition of settlement, the City and owner/buyer shall enter into a Stipulated Agreement providing for a time certain to comply, and the recordation of new liens against the property due to failure to comply. 91 of 144 10.The City shall assess a fee of $692.06 for the preparation and recording of the Stipulated Agreement, and the necessary inspection to confirm compliance therewith. 11.City Staff shall then prepare and issue a Lien Settlement Letter to the applicant. The Lien Settlement Letter shall indicate the status of the violations on the property, the total fine accrual, the lien settlement amount, the administrative fees and costs incurred by the City, a provision stating that the City’s agreement to settle the liens is conditioned upon the owner/buyer entering into a Stipulated Agreement with the City to bring the property into compliance, and the fee for the Stipulated Agreement. The Lien Settlement Letter shall be executed by the City Manager or his/her designee, and shall be valid for a period of thirty (30) days. Should the applicant accept the City’s Lien Settlement proposal, the applicant shall submit payment and a fully executed Stipulated Agreement to the City within thirty (30) days and upon receipt the City will deliver a Release of Lien to the applicant. 12.I f more than thirty (30) days elapse from the date of the issuance of the City’s Lien Settlement Letter, the Applicant shall submit an updated Lien Settlement Application, so the City may confirm whether the condition of the property has changed. 13.U ntil such time that the City receives payment in full as outlined in the Lien Settlement Letter, the City’s lien shall remain valid and enforceable in full against the property. Section 3 . All Resolutions or parts of Resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. If any clause, section, or other part or application of this Resolution 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 5. This Resolution shall be effective upon its passage and adoption by the City Commission of the City of Boynton Beach. PASSED AND ADOPTED this 1st day of April, 2014. CITY OF BOYNTON BEACH, FLORIDA __________________________________ 92 of 144 Mayor – Jerry Taylor _______________________________ Vice Mayor –Joe Casello _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 93 of 144 10. B CITY MANAGER’S REPORT April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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: Confirm Budget Workshop dates/times for FY EQUESTED CTION BY ITY OMMISSION 14/15 Operating and Capital Budget - July 21-23, 2014 in City Library Program Room. ER: Staff has scheduled the FY 14/15 Budget Workshops to XPLANATION OF EQUEST take place Monday through Wednesday, July 21 – 23, 2014. They will take place in the City’s Library Program Room. The following schedule is suggested: Monday – 7/21/14 Beginning at 2:00 p.m. Tuesday – 7/22/14 Beginning at 10:00 a.m. Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2014/15 as well as the Preliminary Fire Assessment Rate Resolution. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 94 of 144 12. A NEW BUSINESS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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: Consider the recommendation from the Recreation EQUESTED CTION BY ITY OMMISSION & Parks Advisory Board to amend Code of Ordinances Sec. 16-39, which prohibits any dog at any park at any time whether muzzled, leashed or not. The Advisory Board recommends allowing leashed dogs at the following parks for a period of one year: - Jaycee Park - 2600 South Federal Hwy. - Intracoastal Park - 2240 North Federal Hwy. th - Dewey Park - 100 N.E. 4 Street - Boynton Lakes Park - 300 Boynton Lakes Blvd. ER: Dogs are commonly accepted as being part of the family. XPLANATION OF EQUEST According to the American Humane Association, 37–46% of American households own a dog. People enjoy the company of their dogs, including when visiting a park. With this in mind, the Advisory Board felt it was appropriate to allow leashed dogs into our City’s parks. The Board requested that staff conduct a survey of some local cities to determine if they allow leashed dogs in their parks, and if they do, whether or not they provide supplies for the disposal of waste. The following is what we found:  West Palm Beach – Yes - no waste bags  Plantation – No – have a “Dog Park”  Delray – only along A1A – waste bags provided  Deerfield – Yes – waste bags at some parks  Coconut Creek – No  Lake Worth – Yes – waste bags provided  Palm Springs – Yes – no waste bags  Greenacres – Yes – no waste bags 95 of 144  Boca Raton – No – have a “Dog Park” H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES It is difficult to predict how this will affect City services. Consequently, the Board is recommending that the Ordinance be modified for a period of one year and only at four City parks so that the impact can evaluated and we can then determine if leashed dogs can be allowed at other City parks, or if the Ordinance should not be changed. FI: Signage with relevant information will need to be posted at each of the ISCAL MPACT four designated parks. Although the exact verbiage for the signs has yet to be created, it is anticipated that we will need one sign at Dewey and Jaycee Parks, and two at Intracoastal and Boynton Lakes Parks because of their larger size. Each sign will cost approximately $100-125 to create. A: LTERNATIVES - Do not modify Code of Ordinances Sec. 16-39 to allow leashed dogs in the four parks listed. - Modify Sec. 16-39 so that leashed dogs are allowed in the four parks listed for an unlimited amount of time. - Modify Sec. 16-39 so that leashed dogs are allowed at other parks to be specified by the Commission. 96 of 144 12. B NEW BUSINESS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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 request from Sister Cities Committee to EQUESTED CTION BY ITY OMMISSION send a delegation to Les Cayes, Haiti in May 1-5, 2014 ER: Please see the attached letter inviting the City to send a XPLANATION OF EQUEST delegation to Les Cayes, Haiti as part of our Greater Boynton Beach Sister Cities Program. The original dates of consideration have passed and now the Committee is suggesting travel in May, 2014. Also attached is a recent email from City Commissioner Mike Fitzpatrick regarding the possibility of a trip. Commissioner Fitzpatrick serves as the Commission liaison for the Sister Cities Committee. The airfare and lodging is approximately $550 and does not include food or incidentals. H? Continue to support the Sister OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Cities Program. FI: The City typically budgets $1500 annually in support of the Sister Cities ISCAL MPACT Program. At the 3/18/14 Commission meeting the Commission approved the expenditure of $967 for Sister Cities international/state dues, filing fees and Chamber membership. Minimal funds are available for travel in this year’s budget. A: Seek other funding alternatives. LTERNATIVES 97 of 144 TRANSLATION February 3, 2014 Honorable Jerry Taylor Mayor of the City of Boynton Beach Boynton Beach, Florida Honorable Taylor, The Commission for the Department of the South, in Haiti, is pleased to invite you and the representatives of the Greater Boynton Beach Sister Cities, GBBSC, as per previous correspondence exchanged between the two cities, to visit Les Cayes, Haiti, on March 20 to March 23, 2014, in view of developing further ties between the two cities. If the dates we proposed are not convenient to your schedule, please feel free to let us have yours. We are looking forward, in the meantime, to receive the names and titles of the members who will make up the delegation of Boynton Beach so that proper arrangements are made to make their stay a pleasant one. Once the schedule is finalized, we will propose a working agenda for your review and addition of your viewpoints and items you would like us to go over during your visit. We will arrange for a tour of local institutions and of strategic areas that could be of interest to you to promote any developing project that will be beneficial to Les Cayes. The commission renews its full support for the success of the project within the scope of sister cities’ understanding, and, already welcomes you in the city of Audubon Fougere. Sincerely yours, Serge Chery Head of the Commission of the South Department 98 of 144 99 of 144 12. C NEW BUSINESS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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 possible drug testing of elected officials - EQUESTED CTION BY ITY OMMISSION per the request of Commissioner Merker ER: Commissioner Merker requested this item be placed on the XPLANATION OF EQUEST agenda to discuss the possibility of elected officials being drug tested. Vice Mayor Casello requested staff include the cost to administer the testing. The cost is $50.00 per person per annum. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: $50.00 per person per annum. ISCAL MPACT A: Not consider proposal by Commissioner Merker. LTERNATIVES 100 of 144 12. D NEW BUSINESS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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 term limits: Separating terms served as a EQUESTED CTION BY ITY OMMISSION Commissioner and terms served as Mayor - per the request of Commissioner McCray ER: Discussion item: The term served as a Commissioner XPLANATION OF EQUEST would not count against the eligibility for position of Mayor, but once Mayor, term limits would apply. This would require a charter amendment by referendum. H? tbd OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: tbd – depending on need for special election/referendum ISCAL MPACT A: Not consider any changes to the Charter. LTERNATIVES 101 of 144 13. A LEGAL April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. 14-002 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve Ordinance rescinding Ordinance 13-014 which changed the land use designation for a parcel of land located at 125 East Ocean Avenue from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); restoring Public and Private Governmental /Institutional (PPGI) land use to the property. - TABLED 3/18/14 ER: The City Commission adopted Ordinance No. 13-014 which XPLANATION OF EQUEST reclassified the land use of the property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX). The adoption of Ordinance No. 13-014 contemplated a public/private partnership and transfer of real property that did not occur. Rescission of Ordinance No. 13-014 to restore the previous Public and Private Governmental/Institutional (PPGI) land use designation will allow planning for further use of the property as part of a City Town Square Area project within which the land is located. On January 21, 2014, the City Commission approved this ordinance on first reading. Subsequently, the Planning & Development Board reviewed it at the February 25, 2014 meeting and recommends its approval to the City Commission. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Not rescind Ordinance 13-014 which limits the use of the property. LTERNATIVES 102 of 144 ORDINANCE NO. 14-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 13-014 WHICH CHANGED THE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 125 EAST OCEAN AVENUE FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) TO MIXED USE (MX); RESTORING PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) LAND USE TO THE PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 13-014 which reclassified the land use of the property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); and WHEREAS, the adoption of Ordinance No. 13-014 contemplated a public/private partnership and transfer of real property that did not occur; and WHEREAS, staff supports rescission of Ordinance No. 13-014 to restore the previous Public and Private Governmental/Institutional (PPGI) land use designation which would allow planning for further use of the property as part of a City Town Square Area project within which the land is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Ordinance No. 13-014 is hereby rescinded. The land use on the property will revert to Public and Private Governmental/Institutional (PPGI). Section 3. That the Land use Map of the City is amended to reflect this rescission. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 103 of 144 Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. st FIRST READING this 21 day of January, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ______________________________ Commissioner – Joe Casello _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 104 of 144 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-002 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director Hanna Matras, Senior P FROM:lanner DATE:January 21, 2014 PROJECT: The Boynton Old School Commercial Center Revocation of Mixed Use (MX) Future Land Use classification REQUEST: Approve the Boynton Old School Commercial Center (LUAR 14-001) reclassifying subject property from Mixed Use (MX) to Public and Private Governmental/ Institutional (PPGI) ________________ PROJECT DESCRIPTION Property Owner: The City of Boynton Beach Applicant: City-initiated Location: 125 East Ocean Avenue (see Exhibit “A”) Existing Land Use/Zoning: Mixed Use (MX)/ Public Usage (PU) Proposed Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/Public Usage (PU) Proposed Use: N/A Acreage: 1.939 acres Adjacent Uses: st North: The right-of-way for the NE 1 Avenue; farther north, the City Hall Complex, classified Public and Private Governmental/Institutional (PPGI) and designated Public Usage (PU); South: The Boynton Beach City Library and Civic Center, classified Public and Private Governmental/Institutional (PPGI) and designated Recreation (REC); 105 of 144 East: Schoolhouse Children’s Museum and Learning Center, and Kids Kingdom park, classified Public and Private Governmental/ Institutional (PPGI) and zoned Public Usage (PU); West: Right-of-way for Seacrest Boulevard; and farther west First United Methodist Church, classified Low Density Residential (LDR) and High Density Residential (HDR) and zoned R-3 (Multi-Family Residential) and R-1A (Single-Family Residential). BACKGROUND AND RECOMMENDATION On June 18, 2013 the City Commission adopted Ordinance No. 13-014, which reclassified the land use of the property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX). However, the City Commission did not approve the city-initiated request for rezoning of the property from Public Usage (PU) to Mixed Use Low Intensity 1 zoning district or the applicant’s request for a Major Site Plan Modification. The adoption of subject ordinance contemplated a public/private partnership and transfer of real property that did not occur. Therefore, staff supports rescinding of Ordinance No. 13-014 to revert the site to the original Public and Private Governmental/Institutional future land use classification. S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\LUAR 14-002\Staff Report.doc 106 of 144 13. B LEGAL April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. 14-004 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Ordinance rescinding Ordinance 13-001 which established a local/city historic designation for the Old High School. - TABLED 3/18/14 ER: The City Commission adopted Ordinance No. 13-001 which XPLANATION OF EQUEST designated the Old High School property as a Historic Designation Site. The adoption of Ordinance No. 13-001 contemplated a public/private partnership and transfer of real property that did not occur. Rescission of Ordinance No. 13-001 to remove the designation of Historic Designation Site will allow planning for further use of the property as part of a City Town Square Area project within which the land is located. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Not rescind Ordinance 13-001 which limits the use of the property. LTERNATIVES 107 of 144 ORDINANCE NO. 14-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 13-001 DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON HIGH SCHOOL LOCATED AT 125 EAST OCEAN AVENUE AS A LOCAL HISTORIC SITE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 13-001 which designated the property known as the Boynton High School located at 125 East Ocean Avenue as a historic site; and WHEREAS, the adoption of Ordinance No. 13-001 contemplated a public/private partnership and transfer of real property that did not occur; and WHEREAS, staff supports rescission of Ordinance No. 13-001 to rescind the designation of a historic site which would allow planning for further use of the property as part of a City Town Square Area project within which the land is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Ordinance No. 13-001 is hereby rescinded. The designation of Boynton High School Historic Site is removed from the property. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. This ordinance shall become effective immediately upon passage. 108 of 144 FIRST READING this 18th day of March, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ______________________________ Commissioner – Joe Casello _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 109 of 144 13. C LEGAL April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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. 14-005 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the historic designation application for the Lake Boynton Estates Entry Feature located at 569 West Ocean Avenue, Boynton Beach ER: At its meeting on October 14, 2013, the Historic Resources XPLANATION OF EQUEST Preservation Board directed staff to research the significance of the Lake Boynton Estates Entry Feature and submit a historic designation application for its inclusion on the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 110 of 144 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject is an ornamental gateway feature to the Lake Boynton Estates subdivision which was developed in 1925 during the Florida Land Boom era. There were originally three gateway features leading to the subdivision but those at the former north and south entrances have been removed. The subject was designed as one of a pair of posts forming the east entrance feature; however, as the other post has been removed, the remaining post is the only example of its kind in the city. The feature is of a very ornate design and includes classical detailing such as acanthus leaves, an urn, and volutes. The subject is associated with Kelsey D. Purdy who platted and initiated the development of the Lake Boynton Estates subdivision. Purdy was responsible for a number of other developments in the city in the 1920s including Lakeside Gardens (1922), The Lawns (1923), and Boynton Heights (1924), and he promoted the city as an ideal place to live. As detailed in the designation application, the subject is significant as an individual feature in a local context under the areas of “architecture” and “community planning and development”. Although the setting has been adversely affected by later developments such as the Seaboard Airline Railroad tracks (Tri-Rail) and Interstate 95, the feature retains its integrity with regard to location, design, materials, workmanship, association and feeling. The subject also meets criteria “b” and “c” from the above list as it is “associated with the life of a person significant in the City’s past” and it “embodies the distinctive characteristics of a type, period or method of construction”. Therefore, the subject meets the required criteria and is eligible for inclusion on the Boynton Beach Register of Historic Places. The Historic Resources Preservation Board (HRPB) recommended approval of the application on March 10, 2014. H? The site will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places which will help raise public awareness of the City’s Historic Preservation Program and will promote heritage tourism. The designation and protection of historic sites also meets the requirements of the Certified Local Government Agreement with the Florida Division of Historical Resources. FI: There will be no immediate fiscal impact to the city; however, once ISCAL MPACT designated, the site may be eligible for future grant funding. A: None recommended, as there is no justification for denial of the subject LTERNATIVES application. 111 of 144 ORDINANCE NO. 14-005 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE LAKE BOYNTON ESTATES ENTRY FEATURE LOCATED AT 569 WEST OCEAN AVENUE, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS , Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Lake Boynton Estates Entry Feature is an ornamental gateway feature to the Lake Boynton Estates subdivision which was developed in 1925 and the feature is of a very ornate design and includes classical detailing such as acanthus leaves, an urn, and volutes; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Lake Boynton Estates Entry Feature as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach on March 10, 2014 recommended that the Lake Boynton Estates Entry Feature be designated a historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Lake Boynton Estates Entry Feature as a historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 112 of 144 Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The Lake Boynton Estates Entry Feature is located at 569 West Ocean Avenue, which is legally described on the survey which is attached and incorporated into this Exhibit "A" Ordinance as , and is hereby designated as the Lake Boynton Estates Entry Feature in accordance with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this 1st day of April, 2014. 113 of 144 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner- Michael M. Fitzpatrick ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 114 of 144 115 of 144 116 of 144 117 of 144 118 of 144 119 of 144 120 of 144 121 of 144 122 of 144 123 of 144 124 of 144 125 of 144 126 of 144 127 of 144 128 of 144 129 of 144 130 of 144 131 of 144 132 of 144 133 of 144 134 of 144 135 of 144 136 of 144 137 of 144 138 of 144 139 of 144 140 of 144 141 of 144 142 of 144 14. A FUTURE AGENDA ITEMS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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: Commission review and approval of Community EQUESTED CTION BY ITY OMMISSION Development Block Grant One-Year Action Plan including applicants for funding - June 3, 2014 , ER: Presentation of Plan resulting from April 102014 public XPLANATION OF EQUEST meeting including review of application rankings by review committee for sub-recipient funding requests. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 143 of 144 14. B FUTURE AGENDA ITEMS April 1, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 1, 2014 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: Art In Public Places (AIPP) Strategic Plan 5-year EQUESTED CTION BY ITY OMMISSION update - 4/15/14 ER: Update to the AIPP Strategic Plan presented to the City XPLANATION OF EQUEST Commission in October 2010, including completed projects and programs, as well as a snapshot of future creative placemaking. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 144 of 144