Agenda 05-20-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MAY 20, 2014
5:00 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).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
CLOSED DOOR SESSION COMMENCING AT 5 P.M. to discuss pending
litigation in the following cases:
1. BELINDA LESTER, Plaintiff vs. CITY OF BOYNTON BEACH,
Defendant - Case No. 13-CV-80043-Ryskamp/Hopkins (False arrest,
excessive force)
2. CLIFFORD HENFIELD, Plaintiff, vs. CITY OF BOYNTON BEACH,
et al., Defendants - Case No. 2013CA002667XXXXMB AB (False arrest,
malicious prosecution, excessive force)
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner McCray
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim May 2014 as "Civility Month". There will be no representative present
to accept the Proclamation.
B. Legislative Update by Representative Lori Berman, District 90
C. Proclaim May 17-24, 2014 as "National Safe Boating Week". Valerie
Pleasanton, Flotilla Commander and Otto Spielbichler, Flotilla Staff Officer for
Marine Safety & Environmental Protection, will be present to accept the
Proclamation
D. Proclaim the week of May 18-24, 2014 as "Water Reuse Week". The
Proclamation will be accepted by Colin Groff, Utilities Director
E. Present plaque to David Cordrey, Tennis Pro at Hunters Run, by a member of
the Education & Youth Advisory Board, in appreciation for his contribution to
the Tennis Carnival.
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F. Announcement of the annual change to free chlorination of the water supply
from May 30, 2014 through June 13, 2014
G. Report by Commissioner Michael Fitzpatrick on his trip to Les Cayes, Haiti as
City delegate with the Greater Boynton Beach Sister Cities program..
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
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: 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 2 alternates
Veterans Advisory Commission: 2 alternates
B. Accept the resignation of Mark Karageorge, a regular member of the
Community Redevelopment Agency Board and discuss appointment of a
replacement.
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
PROPOSED RESOLUTION NO. R14-043
A. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach
B. Approve the record plat "Renaissance Commons Replat 1"
C. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the
procurement of services and/or commodities as described in the written report
for May 20, 2014 - "Request for Extensions and/or Piggybacks"
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D. Approve the minutes from the Regular City Commission meeting held on May
6, 2014
E. Accept the written report to the Commission for purchases over $10,000 for the
month of April 2014.
F. Approve the list of top ranked proposers as determined by the Evaluation
Committee from the submissions received in response to the Request for
Proposals for "PROGRESSIVE DESIGN BUILD FOR ION EXCHANGE RESIN
PLANT AND EAST WATER TREATMENT PLANT IMPROVEMENTS"; RFP
No. 006-2821-14/DJL; and authorize City Staff to conduct negotiations with the
top ranked qualifier.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. Approve the request for an 18-month extension of the approved site plan
(NWSP 09-003) for the Gateway Hotel project located on the west side of the
Lake Worth Drainage District (LWDD) E-4 Canal between Gateway Boulevard
and Quantum Boulevard. Applicant: John Vaughan, Art & Architecture, Inc.
PROPOSED ORDINANCE NO. 14-006 - FIRST READING
B. - Approve request
for 500 Ocean (LUAR 14-001) rezoning of subject property from Mixed Use
High (MU-H) with expired Master Plan for 378 multi-family resIdential units plus
retail to Mixed Use High (MU-H) with a new Master Plan for 341 multi-family
residential units plus retail, located at 101 South Federal Highway. Applicant:
(REQUEST TABLING TO JUNE 17th AND JULY
John Wohlfarth, IBI Group.
1st CITY COMMISSION MEETINGS)
C. Approve request for New Site Plan approval to construct 341 dwelling units
within five (5) and six (6) story buildings, retail space and associated
recreational amenities and parking on a 4.69-acre parcel located at 101 South
(REQUEST
Federal Highway. Applicant: John Wohlfarth, IBI Group.
TABLING TO JUNE 17th and JULY 1st CITY COMMISSION MEETINGS)
10. CITY MANAGER’S REPORT
A. Review and discuss the City's short sale policy.
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B. Discuss possibility of merging the City and CRA operations - per the request of
Vice Mayor Casello
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 14-007 - FIRST READING
A. - Approve
Ordinance amending City Code of Ordinance Sections 4-33 and 16-39 to
permit leashed dogs at Jaycee, Boynton Lakes, Dewey and Intracoastal Parks.
PROPOSED RESOLUTION NO. R14-044
B. - Approve a land swap agreement
with Del Lago Ventures, Inc. of Atlanta, Georgia for the relocation of the City's
Lift Station No. 303 and construction of a new lift station in coordination with the
construction of a RaceTrac gas station at the southeast corner of Hypoluxo
Road and Seacrest Boulevard.
14. FUTURE AGENDA ITEMS
A. Discuss zoning density in Districts II and III - TBD
B. Discussion of Code enforcement issues related to property ownership and
deterioration - TBD
C. Budget Workshop dates/times for FY 14/15 Operating and Capital Budget -
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) in City
Library Program Room.
D. Beginning July 7, 2014, City Hall hours of operation will be Monday through
Friday, 8 a.m. to 5 p.m.
E. Commission review and approval of Community Development Block Grant
One-Year Action Plan including applicants for funding - June 3, 2014
F. Adopt 13-14 Strategic Plan & Revised Action Agenda – June 3, 2014
G. Commission review and adoption of a Resolution updating the Heart of
Boynton Community Redevelopment Plan -- June 3, 2014
H. Post-Legislative Update by District 89 Representative Bill Hager - June 17,
2014
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15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.
286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE
(561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE
CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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May 20, 2014
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RACC:
Proclaim May 2014 as "Civility Month". There will
EQUESTED CTION BY ITY OMMISSION
be no representative present to accept the Proclamation.
ER:
The attorneys of the City, County and Local Government
XPLANATION OF EQUEST
Law Section of The Florida Bar have requested the City of Boynton Beach renew its
pledge of public conduct. The purpose of this proclamation is to help uplift the tone and
conduct in public meetings throughout the State
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
The alternative would be to not proclaim May as Civility Month.
LTERNATIVES
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P R O C L A M A T I O N
WHEREAS, the open exchange of public discourse is essential to the democratic system
of government and, as a cornerstone of democracy, Americans have observed certain rules of
behavior generally known as civility;
WHEREAS, civility, derived from the Latin words “civitas” meaning city and “civis”
meaning citizen, is behavior worthy of citizens living in a community or in common with others;
and
WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and
personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues,
and can discourage individuals from participation in government; and
WHEREAS, civility can assist in reaching consensus on diverse issues, allow for mutually
respectful ongoing relationships, uplift our daily life and make it more pleasant to live in an
organized society; and
WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges
the adoption of a pledge of civility by all citizens in the State of Florida.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida do
recognize May 2014 as
CIVILITY MONTH
and call upon the citizens to exercise civility toward each other.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
th
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the 20 day of May, Two
Thousand and Fourteen.
_________________________________________
Jerry Taylor, Mayor
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ATTEST:
___________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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RACC:
Legislative Update by Representative Lori Berman,
EQUESTED CTION BY ITY OMMISSION
District 90
ER:
State Representative Lori Berman has requested an
XPLANATION OF EQUEST
opportunity to provide a Legislative Update to the City Commission and the citizens.
H?
This will provide information on
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
legislation that affects our City.
FI:
N/A
ISCAL MPACT
A:
The alternative would be to deny Representative Berman the
LTERNATIVES
opportunity to speak before the City Commission.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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ETTLEMENTS
RACC:
Proclaim May 17-24, 2014 as "National Safe
EQUESTED CTION BY ITY OMMISSION
Boating Week". Valerie Pleasanton, Flotilla Commander and Otto Spielbichler, Flotilla Staff
Officer for Marine Safety & Environmental Protection, will be present to accept the Proclamation
ER:
Recreational boating is fun and enjoyable and we have
XPLANATION OF EQUEST
sufficient resources to accommodate the wide variety of pleasure boating demands.
However, waterways can become crowded at times and be a place of chaos and
confusion. Choosing not to wear a life jacket while operating a boat is not the smart
thing to do. Wearing a life jacket is one behavior that can reduce the number of boaters
who lose their lives by drowning each year.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
The alternative would be to not proclaim May 17-24, 2014 as National
LTERNATIVES
Safe Boating Week.
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P R O C L A M A T I O N
WHEREAS, on average, 700 people die each year in boating-related
accidents in the U.S.; approximately 71% of these are fatalities caused by
drowning and the vast majority of these accidents are caused by human error or
poor judgment and not by the boat, equipment, or environmental factors; and
WHEREAS, a significant number of boaters who lose their lives by drowning
each year would be alive today had they worn their life jackets; and
Whereas, today’s life jackets are more comfortable, more attractive, and
more wearable than styles of years past and deserve a fresh look by today’s
boating public.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach,
Florida, do hereby support the goals of the North American Safe Boating
Campaign and proclaim May 17-24, 2014 as:
NATIONAL SAFE BOATING WEEK
and the start of the year-round effort to promote safe boating.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the
th
20 day of May, Two Thousand and Fourteen.
____________________________________
Jerry Taylor, Mayor
ATTEST:
________________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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3. D
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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ETTLEMENTS
RACC:
Proclaim the week of May 18-24, 2014 as "Water
EQUESTED CTION BY ITY OMMISSION
Reuse Week". The Proclamation will be accepted by Colin Groff, Utilities Director
ER:
The purpose of this Proclamation is to recognize the week
XPLANATION OF EQUEST
of May 18-24, 2014 as Water Reuse Week to encourage the conservation of Florida’s
water resources and promote water reuse as a State objective.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
The alternative would be to not issue this Proclamation.
LTERNATIVES
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Proclamation
WHEREAS, safe, clean, and sustainable water resources are essential to Florida’s environment, economy,
citizens and visitors and Florida’s water supplies are finite, while our population and our need for water resources
continues to increase; and
WHEREAS, water reuse provides a means for conserving and augmenting Florida’s
precious water resources and Florida has established the encouragement and promotion of
water reuse as state objectives in Chapters 373 and 403, Florida Statutes; and
WHEREAS, Florida’s permitted reuse capacity exceeds 1.7 billion gallons per day (more
than 67 percent of Florida’s total permitted capacity for all domestic wastewater treatment
facilities) and Florida leads the nation in reusing 725 million gallons of reclaimed water each day
to conserve freshwater supplies and recharge our freshwater resources; and
WHEREAS, the State of Florida has declared the week of May 18-24, 2014, to be Water
Reuse Week in Florida and the City of Boynton Beach has joined with the State of Florida, the
Florida Department of Environmental Protection, and the South Florida Water Management
District in encouraging and promoting water reuse and conservation; and
WHEREAS, the City of Boynton Beach has implemented a water reuse program and
encourages efficient and effective use of reclaimed water.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby
proclaim the week of May 18-24, 2014, as
Water Reuse Week
in the City of Boynton Beach and call upon each citizen and business to help protect our
precious resource by practicing water conservation and to use reclaimed water in an efficient
and effective means.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
th
Boynton Beach, Florida to be affixed this 20 day of May, in the year 2014.
___________________________________
Jerry Taylor, Mayor
ATTEST:
____________________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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3. E
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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RACC:
Present plaque to David Cordrey, Tennis Pro at
EQUESTED CTION BY ITY OMMISSION
Hunters Run, by a member of the Education & Youth Advisory Board, in appreciation for his
contribution to the Tennis Carnival.
ER:
Since 2003, Hunters Run has donated its facilities and staff
XPLANATION OF EQUEST
to host a free tennis carnival for children. Co-sponsored by the Education & Youth
Advisory Board, the event provides tennis lessons and games in a fun atmosphere.
Head Tennis Pro David Cordrey has generously volunteered his time and talents to run
this activity, which has allowed approximately 200 children to be introduced to the
lifetime game of tennis.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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3. F
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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RACC:
Announcement of the annual change to free
EQUESTED CTION BY ITY OMMISSION
chlorination of the water supply from May 30, 2014 through June 13, 2014
ER:
The City of Boynton Beach will temporarily modify the
XPLANATION OF EQUEST
disinfection process utilized to treat its drinking water from May 30, 2014 through June
13, 2014. Customers may notice a slight chlorine taste, or odor, in their tap water.
These temporary conditions will not cause adverse health effects. Those sensitive to the
taste or odor of chlorine, can place an open container of drinking water in the
refrigerator for a few hours to allow the chlorine to dissipate. Users of home dialysis
machines, owners of tropical fish and managers of stores, and restaurants with fish and
shellfish holding tanks are advised to seek professional advice as the method for
removing chlorine residuals differs from removing chloramine residuals from tap water.
This is a preventative maintenance process in order to maintain the City’s high standard
of clean water distribution. For more information, please call 561-742-6964.
H?
No impact…water supply will be
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
maintained.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE
CITY OF BOYNTON BEACH UTILITY
The City of Boynton Beach Water Utility will be temporarily changing its method
of potable water treatment to free chlorination beginning Friday May 30, through
Friday June 13, 2014. This is an annual process in which we switch to a stronger
disinfection method in order to ensure that our water distribution system is
maintained to the highest standards of cleanliness. As a result the customer may
notice a slight change in odor and taste in their tap water; otherwise there will be
no adverse effects. Because of this change the following people should be aware of
possible problems with their systems: users of home dialysis machines, owners of
tropical fish aquariums and managers of stores and restaurants with holding tanks
for fish and shellfish. These groups are encouraged to speak to an appropriate
professional for guidance on how to use their equipment during this period. Any
changes will be eliminated when we revert to our normal disinfection method at
the end of this period. Please be assured that this is a routine procedure and that
there are no problems with your water supply. If you would like further
information on this matter please call our Water Quality Division at 742-6964
during working hours Monday through Friday.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 20, 2014
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RACC:
Report by Commissioner Michael Fitzpatrick on his
EQUESTED CTION BY ITY OMMISSION
trip to Les Cayes, Haiti as City delegate with the Greater Boynton Beach Sister Cities program..
ER:
Commissioner Fitzpatrick served as the City Delegate to
XPLANATION OF EQUEST
Les Cayes, Haiti with the Greater Boynton Beach Sister Cities program, May 1-5, 2014.
The City Commission received an invitation to send a delegation to Les Cayes, Haiti as
part of our Greater Boynton Beach Sister Cities Program in April 2014. At that time
Commissioner Fitzpatrick, liaison for the Sister Cities Committee, was approved to
participate as the City’s delegate for the trip scheduled May 1-5, 2014.
Commissioner Fitzpatrick will give a brief presentation on his recent trip to Les Cayes,
Haiti.
H?
Provide information on the trip to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Les Cayes, Haiti.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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5. A
ADMINISTRATIVE
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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 1 alternate
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: 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 2 alternates
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
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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5. B
ADMINISTRATIVE
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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 Mark Karageorge, a
EQUESTED CTION BY ITY OMMISSION
regular member of the Community Redevelopment Agency Board and discuss appointment of a
replacement.
ER:
Mark Karageorge, a regular member of the Community
XPLANATION OF EQUEST
Redevelopment Agency Board, announced his resignation at the Board meeting on May
13, 2014 and submitted his letter of resignation to the Clerk’s office on May 14, 2014.
The attached resignation explains he was, “. . . doing so to avoid any perception or even
any whiff of any conflicts of interest.”
H?
The Community Redevelopment
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Agency Board will have a vacancy.
FI:
N/A
ISCAL MPACT
A:
None
LTERNATIVES
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6. A
CONSENT AGENDA
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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. R14-043 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach
ER:
In accordance with the Municipal Lien Procedure on file in
XPLANATION OF EQUEST
the City of Boynton Beach, the attached list contains the addresses of properties cited
by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 30-day
period. Copies of the invoices were then forwarded to the City Clerk’s Office for
continuation of the procedure. The property owners were again issued a copy of the
invoice and a letter which offered an opportunity to pay the invoice within an additional
30-day period. The attached list contains the names of the property owners who have
still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these
properties in the public records of Palm Beach County within 30 days of adoption of the
Resolution. Prior to sending the Resolution to the County for recording, the City Clerk
will send another letter to each property owner notifying them they have another 30
days to pay the invoice before the Resolution is sent for recording. An additional
administrative fee of $30 will be added to the assessment when the Resolution is sent
to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by
certified mail, a copy of the Resolution and another letter stating the unpaid balance will
accrue interest at a rate of 8% per annum.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This process allows us to place liens on the properties in order to
ISCAL MPACT
reimburse the City for the services that were provided when the nuisances were abated.
A:
The alternative would be to not place liens on the properties and not
LTERNATIVES
collect for the service provided.
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RESOLUTION NO. R14-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES AGAINST
THE OWNERS OF THE PROPERTIES INVOLVED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, a contract vendor was requested by Code Compliance to mow the lots,
remove vegetation and board up structures on the properties, described in Exhibit “A”; and
WHEREAS
, the owners of the parcel(s) of property hereinafter described were invoiced
by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS,
said nuisance was not abated as required; and,
WHEREAS
, all of the property owners listed in the attached Exhibit “A” were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on
their property; and
WHEREAS
, the City Manager or her authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s) involved,
which is described in Exhibit “A” attached to this Resolution; and
WHEREAS,
upon passage of this Resolution, the property owners will be furnished with
a copy of this Resolution, and given one more opportunity to remit all costs associated with the
abatement in full within 30 days of the passage of the Resolution, before transmittal to the
County for recordation of Liens; and
Now, therefore, be it resolved by the city commission of the city of boynton beach,
Florida as follows:
Section 1: Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the above-
described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED EXHIBIT “A”
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien. Liens
shall be of equal dignity with the taxes there from for the year 2014, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
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the event collection proceedings are necessary, the property owner shall pay all
costs of the proceedings, including reasonable attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of May, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
ATTEST:
_______________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Janet M. Prainito, MMC
City Clerk
{Corporate Seal}
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6. B
CONSENT AGENDA
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
th
CMD:
May 20, 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 record plat "Renaissance Commons
EQUESTED CTION BY ITY OMMISSION
Replat 1"
ER:
Approve the record plat that supports the development of
XPLANATION OF EQUEST
the subdivided land in accordance with the site plan titled “Renaissance Commons
Phase I (FIRENZE)”. Property lines for lots 97 through 106 are being adjusted to
accommodate a modified building footprint.
The subject plat has been reviewed by the Utilities Department, Planning and Zoning
Division, Building Division, Engineering Division, and the City’s consulting surveyor, to
ensure conformance with the site plan approval and the applicable State and City’s
platting and zoning requirements.
Staff recommends approval of the record plat as presented.
H?
None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
Do not approve the replat and require the project to be built per the
LTERNATIVES
originally approved plans.
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6. C
CONSENT AGENDA
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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 one-year extension for RFPs/Bids
EQUESTED CTION BY ITY OMMISSION
and/or piggy-backs for the procurement of services and/or commodities as described in the
written report for May 20, 2014 - "Request for Extensions and/or Piggybacks"
ER:
XPLANATION OF EQUEST
As required, the Finance/Procurement Department submits requests for award to the
Commission; requests for approval to enter into contracts and agreements as the result
of bid solicitations; and to piggy-back governmental contracts. Options to extend or
renew are noted in the “Agenda Request Item” presented to Commission as part of the
initial approval process. Procurement seeks to provide an accurate and efficient
method to keep the Commission informed of pending renewals and the anticipated
expenditure by reducing the paperwork of processing each renewal and/or extension
individually and summarizing the information in a monthly report (as required).
VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM
Otto Environmental Molded Mobile Refuse 054-2510-11/JMA July 20, 2014 to
Systems Containers July 19, 2015
Iron Containers, LLC Metal Containers and 049-2510-12/JMA September 2, 2014
Roll-offs to September 1,
2015
Easy Pay Tire Co. Tires State of Florida no. May 1, 2014 to
863-000-10-1 February 27, 2015
Flamingo Oil Co. Motor oils, lubricants SE FL Co-op; City of April 17, 2014 to
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Miami 290252 April 16, 2015
Safeguard Document Mobile on-site State of Florida no. April 1, 2014 to
Destruction document shredding 991-698-14-ACS March 31, 2017
W.W. Grainger Facilities and State of Florida no. February 14, 2014 to
maintenance supplies 450-000-11-ACS February 28, 2017
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This renewal report will be used for those bids, contracts/agreements and piggy-backs
that are renewed/extended with the same terms and conditions and pricing as the initial
award.
FI:
Funds have been budgeted under line items as noted on the attached
ISCAL MPACT
report.
A:
Not approve renewals and require new bids to be issued.
LTERNATIVES
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CITY OF BOYNTON BEACH
REQUESTS FOR BID EXTENSIONS AND PIGGYBACKS
MAY 20, 2014
REQUESTING DEPARTMENT: Public Works/Solid Waste SOURCE FOR PURCHASE: BID
DEPARTMENT CONTACT: JASON YAEGER ACCOUNT NUMBER: 431-2515-
534-52-74
ANNUAL EXPENDITURE: $100,000. RENEWAL TERM: July 20, 2014 to
July 19, 2015
VENDOR(S): OTTO ENVIRONMENTAL SYSTEMS
DESCRIPTION OF BID EXTENSION:
On July 19, 2011, City Commissioners approved award of Bid No. 054-2510-11/JMA for the “Annual Supply of
Injection Molded Mobile Refuse Containers and Parts for the Automated Garbage Collection Program” to Otto
Environmental Systems. Purchase of mobile refuse containers used for rubbish collection from residents of the City
of Boynton Beach, are on an “AS NEEDED BASIS”.
Solid Waste Supervisor, Jason Yeager, has been very satisfied with Otto Environmental Systems quality and service
and recommends extending for an additional one-year term. Otto Environmental has agreed to extend the bid for
an additional year with the same terms, conditions, and pricing.
REQUESTING DEPARTMENT: Public Works/Solid Waste SOURCE FOR PURCHASE: BID
DEPARTMENT CONTACT: JASON YAEGER ACCOUNT NUMBER(S): 431-2515-534-52-
74
ANTICIPATED ANNUAL EXPENDITURE: $50,000. RENEWAL TERM: September 2, 2014 to
September 1, 2015
VENDOR: IRON CONTAINERS, LLC
DESCRIPTION OF BID EXTENSION:
The Bid for the “Annual Supply of Metal Containers and Roll-Offs”, Bid No. 049-2510-12/JMA, was awarded to Iron
Container, LLC of Miami, FL at the Commission Meeting of July 17, 2012. Iron Container provides the City with
dumpsters and roll-offs used throughout the City for commercial and multi-residential accounts on an “AS NEEDED
BASIS”. Commercial accounts frequently change service with requests for different dumpster sizes and service.
Iron Container has been a reliable vendor with a quality product. Jason Yaeger, Supervisor for Solid Waste,
recommends extending this bid for an additional one-year term. Iron Container has agreed to extend the bid for an
additional year with the same terms, conditions, and pricing.
REQUESTING DEPARTMENT: Finance/Warehouse SOURCE FOR PURCHASE: State of
Florida Contract
PARTMENT CONTACT: Michael Dauta no. 863-000-10-1 with Good Year
Tire & Rubber Co.
ANTICIPATED ANNUAL EXPENDITURE: $225,000. ACCOUNT NUMBER: 502-0000-
141-0100
VENDOR: EASY PAY TIRE COMPANY RENEWAL TERM: May 1, 2014 to
February 27, 2015
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DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK:
On October 1, 2013, City Commission approved the piggy-back of the State of Florida Contract with Good Year Tire
& Rubber Co. for the contract term through April 30, 2014; this contract is for the purchase of new tires for City
Fleet Vehicles as needed. This contract has been renewed through February 27, 2015. Tires will be ordered on an
“AS NEEDED BASIS” and will be stocked in the City’s Warehouse.
REQUESTING DEPARTMENT: Finance/Warehouse SOURCE FOR PURCHASE: City of
Miami Bid
DEPARTMENT CONTACT: Michael Dauta #290252(16) for SE FL Gov’t
Purchasing Co-op
ANTICIPATED ANNUAL EXPENDITURE: $24,000. ACCOUNT NUMBER: 502-0000-
141-0100
VENDOR: FLAMINGO OIL COMPANY RENEWAL TERM: April 17, 2014 to
April 16, 2015
DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK:
The City of Miami issued a bid for “Automotive Oils, Lubricants and Greases” as lead agency for the SE Florida
Governmental Purchasing Cooperative. Flamingo Oil was one of three awarded vendors.
Lubricants such as motor oil and transmission fluid for the City’s vehicles will be purchased on an “AS NEEDED
BASIS” from Flamingo Oil Company.
REQUESTING DEPARTMENT: Finance/Warehouse SOURCE FOR PURCHASE: State of
Florida Contract
DEPARTMENT CONTACT: Michael Dauta no. 991-698-14-ACS
ANTICIPATED ANNUAL EXPENDITURE: $10,000. ACCOUNT NUMBER: 502-0000-
141-0100
VENDOR: SAFEGUARD DOCUMENT DESTRUCTION TERM: April 1, 2014 to March 31,
2017
DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK:
City Department Records are stored in the City Warehouse. Safeguard Document Destruction will provide on-site
shredding services for documents when designated destruction dates are reached. Safeguard will shred documents
on-site for the awarded bid price of $.06 per pound.
REQUESTING DEPARTMENT: Finance/Warehouse SOURCE FOR PURCHASE: State of
Florida Contract
DEPARTMENT CONTACT: Michael Dauta no. 450-000-11-ACS
ANTICIPATED ANNUAL EXPENDITURE: $50,000. ACCOUNT NUMBER: 502-0000-
141-0100
VENDOR: W.W. GRAINGER RENEWAL TERM: February 28,
2014 to
February 28, 2017
DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK:
Piggy-backing this contract will provide a source of supply for the purchase of safety supplies and facilities hand
and power tools, and maintenance supplies required for repair operations throughout the City. These supplies will
be ordered on an “AS NEEDED BASIS” and stocked in the Warehouse.
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REQUESTING DEPARTMENT: SOURCE FOR PURCHASE:
DEPARTMENT CONTACT:
ANTICIPATED ANNUAL EXPENDITURE: ACCOUNT NUMBER:
VENDOR: TERM:
DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK:
REQUESTING DEPARTMENT: SOURCE FOR PURCHASE:
DEPARTMENT CONTACT:
ANTICIPATED ANNUAL EXPENDITURE: ACCOUNT NUMBER:
VENDOR: TERM:
DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK:
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6. D
CONSENT AGENDA
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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 May 6, 2014
The City Commission met on May 6, 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
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6. E
CONSENT AGENDA
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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 written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of April 2014.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for April
2014:
Purchase Order Vendor Amount
140935 PCMG, Inc. $ 14,291.00
140944 Simplex Grinnell LP $ 24,947.43
140951 MTS Software Solutions, Inc. $ 10,960.00
140952 TJ Bowles Electric Co. $ 18,999.00
140991 Anzco, Inc. $ 41,389.00
140992 Metro-Dade K-9 Services $ 11,500.00
141001 The BG Group, LLC $ 12,764.50
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
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special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. F
CONSENT AGENDA
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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 as
EQUESTED CTION BY ITY OMMISSION
determined by the Evaluation Committee from the submissions received in response to the
Request for Proposals for "PROGRESSIVE DESIGN BUILD FOR ION EXCHANGE RESIN
PLANT AND EAST WATER TREATMENT PLANT IMPROVEMENTS"; RFP No. 006-2821-
14/DJL; and authorize City Staff to conduct negotiations with the top ranked qualifier.
ER:
XPLANATION OF EQUEST
The City issued a Request for Proposal on September 20, 2013 seeking a qualified
engineering or construction firm as the Design/Build Firm through a Progressive
Design/Build method to install an Ion Exchange Resin Plant, at the West Water
Treatment Plant (WWTP) site for pretreatment of the water supply to the East Water
Treatment Plant (EWTP) from the western wellfield while upgrading of the EWTP to a
capacity of 24 MGD.
On October 30, 2013, the City received six (6) responses to this Request for Proposal.
The responses were reviewed and evaluated by the five (5) member Evaluation
Committee and a Public Meeting was held on December 9, 2013 to reveal the scores
from each Committee Member.
The evaluation committee determined it was in the best interest of the City to request
oral presentations from the three (3) top ranked firms. Oral presentations from all three
(3) top ranked firms took place on December 18, 2013. As a result of the proposal
scoring and the oral presentations the summary results are as follow:
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FIRM SCORE RANKING
CDM Smith/Carollo 879 1
MWH Constructors 870 2
Haskell/Global Tech 832 3
MWH Constructors filed a protest to the above ranking and was heard by the City
Commission on May 6, 2014. That protest was denied by the City Commission.
Based on the ranking, staff is requesting authorization to negotiate a contract with CDM
Smith/Carollo of West Palm Beach, Florida. If a contract cannot be successfully
negotiated between CDM Smith/Carollo and the City of Boynton Beach, the City will
commence negotiations with the second-ranked firm, MWH Constructors; and if
necessary, the third ranked firm, Haskell/Global Tech. After successfully negotiating a
contract for the services as outlined in the RFP, approval of the contract will be
requested of the City Commission.
The RFP Scope of Services outlines a list of specific services to be performed by the
awarded consultant.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By providing staff with the ability to negotiate a contract for a Design/Build Firm to
implement the necessary improvements through a Progressive Design-Build project
delivery method. The project generally includes the furnishing of all labor, materials,
equipment, and supplies for all components in the scope of the project.
FI:
ISCAL MPACT
There is no fiscal impact as a result of this approval; a contract between the City and
the selected firm will be submitted to Commission for approval.
A:
LTERNATIVES
1. Accept the recommendation of the evaluation committee to award the
contract to CDM Smith/Carollo and authorize the City Manager to enter into
contract negotiations; or
2. Reject the recommendation of the evaluation committee, reject all bids, and
direct City Staff to re-issue the RFP for the project.
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9. A
PUBLIC HEARING
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
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ONSENT GENDAEGAL
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ETTLEMENTS
RACC:
Approve the request for an 18-month extension of
EQUESTED CTION BY ITY OMMISSION
the approved site plan (NWSP 09-003) for the Gateway Hotel project located on the west side of
the Lake Worth Drainage District (LWDD) E-4 Canal between Gateway Boulevard and Quantum
Boulevard. Applicant: John Vaughan, Art & Architecture, Inc.
ER:
The Gateway Hotel project consists of a four (4) story,
XPLANATION OF EQUEST
77,744 square foot, 108 room hotel and related site improvements. The site plan was
originally approved on August 17, 2010 followed by a site plan time extension (SPTE
HB 7207) approved on December 29, 2011 in accordance with state legislation, which
was automatically granted to projects during the downturn in the economy in an effort to
keep viable projects valid until such time as the market regained momentum and the
project could be built.
The applicant indicates the reason for the delay in construction is due to the slowdown
in the economy which affected the applicant’s ability to receive financing for this project.
The letter of request also states that the applicant has now secured financing and is
ready to proceed with the project, has hired the necessary design professionals, and
solicited national hotel franchises, narrowing the choices to Marriott TownePlace Suites
or Hilton as the hotel operator.
In support of this request for a time extension, the applicant indicates he has received
project financing and has provided a timeline indicating the time necessary to acquire
building permits and to construct the project. Staff believes the justification submitted
and timeline to acquire the necessary permits to build the project warrants approval of
the extension request.
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nd
The Planning & Development Board reviewed this request at their April 22 meeting
and recommended approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Construction of the project will add to the City’s tax base while
ISCAL MPACT
eliminating a vacant property in Quantum Park.
A:
None recommended.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-005
TO: Chair and Members
Planning & Development Board
THRU: Michael Rumpf
Director of Planning and Zoning
FROM: Ed Breese
Principal Planner
DATE: April 10, 2014
PROJECT: Gateway Hotel / SPTE 14-001
REQUEST: Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: North Boynton Beach Hospitality, LLC
Applicant / Agent: John Vaughan, Art & Architecture, Inc.
Location: Quantum Park Lot 2, Gateway Boulevard immediately west of the
LWDD E-4 Canal (see Location Map – Exhibit “A”)
Existing Land Use/Zoning: Development of Regional Impact (DRI) / Planned Industrial
Development (PID) district
Proposed Land Use/Zoning: No change proposed
Land Use Option: OIH (Office Industrial Hotel)
Proposed Uses: A four (4) story, 77,744 square foot, 108 room hotel.
Acreage: 2.77 acres
Adjacent Uses:
North: Right-of-way for Quantum Boulevard, then farther north developed
flex industrial space (West Quantum Plaza);
South: Developed commercial (Regions Bank), then farther south right-
of-way for Gateway Boulevard;
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East: Right-of-way for the LWDD E-4 Canal, then farther east The
Charter School of Boynton Beach; and
West: Hampton Inn & Suites, then farther west water management tract,
and farther west The Shoppes of Boynton shopping center.
BACKGROUND
The subject property consists of 2.77 acres located on the west side of the Lake Worth Drainage
District (LWDD) E-4 Canal, between Gateway Boulevard and Quantum Boulevard. According
to the staff report for the site plan of record (NWSP 09-003), the Gateway Hotel approval
consists of a four (4) story.
, 77,744 square foot, 108 room hotel and related site improvements
The site plan was originally approved on August 17, 2010 followed by a site plan time extension
(SPTE HB 7207) approved on December 29, 2011 in accordance with state legislation, which
was automatically granted to projects during the downturn in the economy in an effort to keep
viable projects valid until such time as the market regained momentum and the project could be
built.
As noted above, the project is four (4) stories in height and includes a mix of one and two sleeping room
hotel suites. The hotel has a small meeting room, small breakfast area, exercise room, guest laundry
facilities, large lobby/study/gathering area and outdoor pool area with a barbeque.
The proposed building would be designed utilizing many of the building characteristics of the
Renaissance Commons project to the south, across Gateway Boulevard. The hotel is designed
with the same “Mission Red” Monier roof tiles approved on several of the Renaissance
Commons buildings, as well as comparable decorative parapet design and building colors. The
chosen paint colors are soft earthtone colors, mainly in the beige and cream range.
ANALYSIS
The site plan approval is valid for 18 months, in which time the developer is required to secure a
building permit for the project. According to Chapter 2, Article II, Section 2.F.6 of the Land
Development Regulations (LDR), an applicant may request to extend the approval of a site plan
for an additional time period, not to exceed 18 months, provided that such request for extension
is filed prior to the date of the expiration. In this case, the applicant has met that requirement by
filing the day prior to the expiration of the site plan. Per Chapter 2, Article II, Section 2.F.6.a of
the LDR, there is no limit to the number of extensions that may be requested.
The applicant indicates the reasons for the delay in construction is due to the slowdown in the
economy which affected the applicant’s ability to receive financing for this project (see Exhibit
“C” – Extension Request). The letter of request also states that the applicant has now secured
financing and is ready to proceed with the project, has hired the necessary design
professionals, and solicited national hotel franchises. Since receipt of the letter requesting the
time extension, the applicant indicates they have chosen Marriott TownePlace Suites as the
hotel operator.
In support of this request for a time extension, the applicant has now provided a Timeline which
st
indicates that building plans would be completed by July 1, 2014 and that permit issuance
st
would be anticipated by October 1, 2014. Proposed completion of construction and certificate
st
of occupancy would occur by October 1, 2015 (see Exhibit “D” – Applicant’s Timeline).
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In addition to accomplishments to date, time extension reviews also consider compliance with
concurrency requirements. The Palm Beach County Traffic Division approved the original traffic
study for the project with the requirement that no permits be issued after the build-out date of
2013. As such, an updated traffic concurrency approval letter from Palm Beach County will be
required prior to the issuance of any permits. As for utilities, staff indicates that adequate
capacity is available for this project.
The site plan time extension is still subject to the conditions of all previous approvals. Lastly, no
new land development regulations are now in place against which the project should be
reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this
project is required to comply with the ordinance as stated in the original conditions of site plan
approval.
RECOMMENDATION
APPROVAL
Based upon the applicant’s good faith efforts, staff recommends of the request for
an 18-month extension of the approved site plan (NWSP 09-003) for the Gateway Hotel project,
subject to the conditions contained in Exhibit “E” – Conditions of Approval. If the request for an
extension is approved, the expiration date would be extended to August 17, 2015, and all
conditions from the original approval must still be satisfactorily addressed during the building
permit process.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 2\SPTE 14-001\Staff Report.doc
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EXHIBIT "E"
Conditions of Approval
Project name: Gateway Hotel
File number: SPTE 14-001
Reference:
DEPARTMENTS
INCLUDE REJECT
/ /
ENGINEERING PUBLIC WORKS FORESTRY / UTILITIES
Comments: None
X
FIRE
Comments: None
X
POLICE
Comments: None
X
BUILDING DIVISION
Comments: None
X
PARKS AND RECREATION
Comments: None
X
PLANNING AND ZONING
Comments:
1. Approval is subject to all previous conditions of approval.
X
2. An updated traffic concurrency approval letter from Palm Beach
X
County Traffic will be required prior to the issuance of any permits.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None
X
ADDITIONAL PLANNING & DEVELOPMENT BOARD
CONDITIONS
X
Comments: None.
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DEPARTMENTS
INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 2\SPTE 14-001\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Gateway Hotel (SPTE 14-001)
APPLICANT: John Vaughan, Art & Architecture, Inc.
th
APPLICANT’S ADDRESS: 1055 SW 15 Avenue, Suite 7, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2014
APPROVAL SOUGHT: Site Plan Time Extension approval for Gateway Hotel
(NWSP 09-003) to construct a four (4) story, 77,744 square
foot, 108 room hotel and related site improvements on 2.77
acres.
LOCATION OF PROPERTY: West side of the Lake Worth Drainage District (LWDD) E-4 Canal,
between Gateway Boulevard and Quantum Boulevard.
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner consistent
with the requirements of the City’s Land Development Regulations.
2. The Applicant
_X_ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “E” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
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City Clerk
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9. B
PUBLIC HEARING
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-006 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve request for 500 Ocean (LUAR 14-001) rezoning of subject property from
Mixed Use High (MU-H) with expired Master Plan for 378 multi-family resIdential units plus retail
to Mixed Use High (MU-H) with a new Master Plan for 341 multi-family residential units plus
retail, located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. (REQUEST
TABLING TO JUNE 17th AND JULY 1st CITY COMMISSION MEETINGS)
ER:
Staff recommends postponement of this item to the June
XPLANATION OF EQUEST
thst
17 and July 1 Commission meetings. This date-certain tabling is intended to maintain
legal advertisements and noticing on part of the applicant and City.
Processing of advertisements and notifications was following an aggressive schedule
nd
assuming completion of the staff review process in advance of the April 22 Planning &
Development Board meeting. Applicant and staff agreed that additional plan revisions
were necessary prior to advancing the plans to the public hearing stage, therefore
th
warranting the rescheduling of the Board review to the May 27 meeting, and adjusting
the Commission hearings accordingly.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
No cost associated with approval of request to postpone.
ISCAL MPACT
A:
None recommended.
LTERNATIVES
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9. C
PUBLIC HEARING
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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AI
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve request for New Site Plan approval to
EQUESTED CTION BY ITY OMMISSION
construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated
recreational amenities and parking on a 4.69-acre parcel located at 101 South Federal Highway.
th
Applicant: John Wohlfarth, IBI Group. (REQUEST TABLING TO JUNE 17 and JULY 1st CITY
COMMISSION MEETINGS)
ER:
Staff recommends postponement of this item to the June
XPLANATION OF EQUEST
th
17 Commission meetings. This date-certain tabling is intended to maintain legal
advertisements and noticing on part of the applicant and City.
Processing of advertisements and notifications was following an aggressive schedule
nd
assuming completion of the staff review process in advance of the April 22 Planning &
Development Board meeting. Applicant and staff agreed that additional plan revisions
were necessary prior to advancing the plans to the public hearing stage, therefore
th
warranting the rescheduling of the Board review to the May 27 meeting, and adjusting
the Commission hearings accordingly.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
No cost associated with approval of request to postpone.
ISCAL MPACT
A:
None recommended.
LTERNATIVES
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10. A
CITY MANAGER’S REPORT
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
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BP$100,000 FAI
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CCL
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ETTLEMENTS
RACC:
Review and discuss the City's short sale policy.
EQUESTED CTION BY ITY OMMISSION
ER:
The Commission on February 5, 2013 passed Resolution
XPLANATION OF EQUEST
No. R13-010, establishing a Short Sale Policy for the City. The resolution was the result
of an appeal made to City Commission and approved on November 3, 2009, in the
absence of a policy.
The current policy has been modeled from similar resolutions used by Palm Beach
County’s Housing and Community Development Department and the Boynton Beach
Community Redevelopment Agency.
The Commission has requested that this policy be brought back for their review.
This policy was adopted to assist first time home buyers who purchased properties
which are encumbered with a thirty (30) year lien and require full repayment of the
second mortgage subsidy if the assisted property is sold, transferred, or abandoned
prior to the expiration of the City’s thirty year lien.
Due to the economic downturn in the real estate market, many assisted homeowners
approached the City seeking to sell/transfer title of their home by way of a “short sale
process”. Short sales occur when current residential property owners can no longer
afford their mortgage payments. These homeowners normally are seriously at risk of
losing their homes to foreclosure and seek to be allowed the sell the property for less
than the encumbrances that are on them.
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In creating the policy, staff researched other governmental agencies, such as the
National Association of Realtors, Fannie Mae and Freddie Mac, and determined that
recovery of subordinate loans varied anywhere from $1000 to $6000, and as high as
private loan servicers seeking as much as 10% of the unpaid loans. Palm Beach
County’s policy requires a return of $3,000 or 8% of the unpaid balance of the loan,
whichever is less.
The City’s Short Sale Policy requires a settlement of $4,000 or eight percent (8%) of the
remaining balance owed on the City’s Second Mortgage, whichever is less , when
hardship was proven.
To date, five (5) properties have been approved for Short Sale.
H?
Without the City having an
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
approved Short Sale Policy, distressed owners of assisted properties are likely to go
into foreclosure. Once these properties are foreclosed upon by the first mortgage
lender, not only does the City risks losing all of the second mortgage subsidy assistance
provided, there is also the effect of how long the property will be vacant, and the impact
this has on neighborhoods.
FI:
Funds the City receives from Short Sales are used by the Community
ISCAL MPACT
Improvement Division to supplement the reduction of State Housing Initiatives
Partnership (SHIP) Program funding in the City’s housing assistance programs.
If Short Sale offerings are no longer considered by the City, there will be additional
Legal expense to pursue a portion of the proceeds from lender with no guaranteed
outcome of any return.
A:
LTERNATIVES
1. Alter the policy to address Commission concerns.
2. Repeal the policy and do not accept any settlements for the City’s second
mortgage liens in the event of short sales and either recover the second
mortgage through sales or recover minimal if any in event of foreclosure.
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10. B
CITY MANAGER’S REPORT
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discuss possibility of merging the City and CRA
EQUESTED CTION BY ITY OMMISSION
operations - per the request of Vice Mayor Casello
ER:
Vice Mayor Casello requested staff to prepare a brief memo
XPLANATION OF EQUEST
on the pros/cons of merging the City and CRA operations. City and CRA staff met to
identify any economies of scale or improved service delivery that may result from a
merger. Several areas of consideration are:
1) Location of offices/functions - move CRA into city hall west wing
2) Special Events – combining resources/staffing into one departmental function
3) Marketing – combine marketing staff and assignments
4) Economic Development - targeted focus should remain separate
5) Finance/Accounting – city perform financial functions for both entities
Location of offices –
1) The CRA leases space on N. Federal Hwy. The annual
cost for rent is approximately $76,000/year with a built in 4% annual escalator
clause. The CRA lease allows for subleasing so there are possibilities finding a
new tenant for the building and CRA could staff move to the west wing. This
would allow for more frequent and/or improved communications amongst
planning and CRA staff. Further analysis of use of the current CRA site is
necessary to determine any savings. Additionally, staff has also identified the
CRA building as a potential site for an on-site employee medical clinic.
Special Events –
2) It could serve beneficial for the City and CRA to blend staff
and create a Special Events Department that would be responsible for the
coordination of all events within the City. The City does not have any special
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event staff currently. Most events are coordinated through our Recreation
Department which often proves very taxing on staff time.
Marketing –
3) the same holds true for the possibility of blending staff resources
into a marketing division. The City could benefit from some of the marketing
expertise in the CRA and vice versa.
Economic Development –
4) The CRA serves a targeted market within its district.
This would remain true even if the functions were combined. Some economies of
scale may be realized through the coordination of incentive programs that would
be applicable citywide. Regardless, the need remains to keep the program
separate and distinct from a funding perspective.
Finance/Accounting –
5) The cities Finance Department is able to perform any of
the financial functions of the CRA. Our systems commingle well. However,
current staffing levels in Finance could not absorb these functions without
additional staff.
A detailed analysis is necessary to drill down into the allocation of resources to identify
any possible savings, namely in staffing.
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD
ISCAL MPACT
A:
N/A
LTERNATIVES
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13. A
LEGAL
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-007 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Ordinance amending City Code of Ordinance Sections 4-33 and 16-39 to
permit leashed dogs at Jaycee, Boynton Lakes, Dewey and Intracoastal Parks.
ER:
At the April 1, 2014 meeting, the Commission considered a
XPLANATION OF EQUEST
recommendation from the Recreation & Parks Advisory Board to allow leashed dogs at
four parks within the City for one year. After one year, staff will report to the
Commission regarding any problems, concerns and/or successes and recommend
continuance, expansion, or revocation of the proposed ordinance. The Commission
approved moving forward with the recommendation from the Recreation & Parks
Advisory for a one year trial period, with no waste collection facilities and with
appropriate signage at each park.
H?
It is difficult to predict how this will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
affect City services. The one year trial period will allow time for staff to gather feedback
and the ability to experience the impact this will have on the four parks affected.
FI:
Signage with relevant information will need to be posted at each of the
ISCAL MPACT
four designated parks. Plans are to install 1 or 2 signs at each park. Each sign will cost
approximately $100-125 to create.
A:
Do not amend the ordinance sections to allow leashed dogs at Jaycee,
LTERNATIVES
Boynton Lakes, Dewey and Intracoastal Parks.
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ORDINANCE NO. 2014-___
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING PART II, CHAPTER 4 OF THE CITY
CODE OF ORDINANCES ENTITLED “ANIMALS & FOWL”, BY
SPECIFICALLY AMENDING SECTION 4-33 ENTITLED
“DAMAGING PROPERTY; PRESENCE IN CITY OWNED PARK
OR RECREATION AREAS PROHIBITED” TO PERMIT LEASHED
DOGS IN JAYCEE, BOYNTON LAKES, DEWEY AND
INTRACOASTAL PARKS; AMENDING PART II, CHAPTER 16 OF
THE CITY CODE OF ORDINANCES ENTITLED “PARKS AND
RECREATION”, BY SPECIFICALLY AMENDING ARTICLE II,
DIVISION 2, SECTION 16-39 ENTITLED “ANIMALS PROHIBITED”
TO PERMIT LEASHED DOGS IN JAYCEE, BOYNTON LAKES,
DEWEY AND INTRACOASTAL PARKS; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, Section 4-33 of the City Code of Ordinances provides that it is unlawful
for any person to permit any animal to enter upon the property of the City, whether said animal
is leashed or unleashed; and
WHEREAS,
Section 16-39 of the City Code of Ordinances prohibits dogs and other
domestic animals on any designated beach or park area at any time whether muzzled, leashed
or unleashed; and
WHEREAS,
the City Commission has considered and determined that allowing
leashed dogs in certain City parks or limited areas of certain City parks would promote and
facilitate the enjoyment of these open public spaces by the community; and
WHEREAS
, the City Commission has considered which City parks are most amenable
to use by citizens desiring to bring their leashed dogs to a City park; and
WHEREAS
, the City Commission finds that permitting leashed dogs within the areas
of City parks specified herein promotes and encourages the public interest by providing an
opportunity for exercise and the enjoyment of the environment by both dog owners and their
canine companions.
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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 Ordinance.
Section 2
. Part II, Chapter 4, Section 4-33 of the City Code of Ordinances entitled
“Damaging Property; Presence in City Owned Park or Recreation Areas Prohibited” is hereby
amended as follows:
Section 4-33 Damaging Property; Presence in City Owned Park or Recreation Areas
Prohibited.
(a) It shall be unlawful for the owner or any person having custody or control of any animal to
permit, either willfully or by failure to exercise due care and control, any animal to enter upon or
damage the property of the city or the property of another, whether said animal is leashed or
unleashed. For purposes of this section, the leaving or dropping of fecal matter by any animal
upon the property of another, or upon the property of the city, shall be deemed to cause damage
thereupon. If such animal damages property as provided herein, the owner or other person
having custody or control of such animal shall be required to immediately remove and dispose of
such fecal matter or other droppings, and upon his failure to do so, shall be fined in accordance
with Section 2-91 of this Code.
(b) For purposes of this section, the property of the city shall include but not be limited to any
and all public streets, sidewalks, parks, and buildings, including the lawns and driveways
adjacent thereto. The term, “property of another” shall include, but not be limited to driveways,
lawns, swales, and buildings of residential and commercial property owners.
(c) In the event that any animal shall cause damage upon the property of the city or the
property of another, proof of the occurrence and proof of the identity of the owner or other
person having custody or control of the animal shall be sufficient to find the person owning of
having control or custody of the animal guilty of violating the terms and conditions of this
section.
(d)(1) Notwithstanding the animal restrictions provided in this Section, dog owners are hereby
authorized to bring and have possession or control of leashed dogs within the following
specified City parks, subject to the limitations, restrictions, and regulations provided for
herein:
a.Jaycee Park (excluding restrooms and playground area);
b.Boynton Lakes Park (excluding playground area);
c.Dewey Park; and
d.Intracoastal Park (excluding restrooms, playground and seawall/boat launching
areas).
For purposes of this section, a playground area shall mean an improved area that is designed,
equipped, and set aside for children's play.
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(2) The authorization provided for herein for dog owners to bring and have possession or control
of leashed dogs in the specified City parks is conditioned on and subject to strict compliance
with the limitations, restrictions, and regulations provided for herein and all applicable
provisions of the Animal Control Ordinances of the City and Palm Beach County (cumulatively
"Animal Control Ordinance"), including but not limited to the following:
a.The authorized activities are limited to the posted hours of operation for each respective
park.
b.Dog owners are responsible for the conduct and supervision of their dogs.
c.Dog owners must have their dog(s) under control at all times and on a leash not longer
than eight feet in length. Any dog not on an appropriate leash is deemed "at large" and
constitutes a violation of section 4-31 of the Code of Ordinances.
d.Dogs must be at least four (4) months old and have all vaccinations and licenses required
by Sections 4-30, 4-36 and 4-37 of the City Code of Ordinances. Failure to meet such
vaccination and licensing requirements constitutes a violation of the Animal Control
Ordinance.
e.Dog owners must clean up and properly dispose of their dog's waste. Failure to do so
constitutes a violation of the Animal Control Ordinance.
f.Dog owners shall remove their dog from the park at the first sign of aggression toward
any person or other dog.
(3) For purposes of this Section, the term dog owner shall mean and include any person who
brings or has possession or control of a dog in any specified City park or area or as that term is
otherwise defined in section 4-1 of the Code of Ordinances. If such person is under the age of
eighteen (18) years or otherwise legally incapacitated, that person's parent or guardian shall
ensure compliance with all applicable limitations, restrictions, and regulations by such person.
Section 3.
Part II, Chapter 16, Article II, Division 2, Section 16-39 of the City Code
of Ordinances entitled “Animals Prohibited” is hereby amended as follows:
Section 16-39 Animals Prohibited.
No person shall have, or be permitted to have, any dog or other domestic animals on any
designated beach or park area at any time whether muzzled, leashed or not, except as authorized
in Section 4-33. Animals used by law enforcement or service animals, trained to aid persons
with disabilities, shall be exempt from this section.
Section 4.
City Staff is directed to report to the City Commission in twelve (12)
months to report on implementation successes and challenges, and recommend continuance,
expansion, or revocation of the Ordinance permitting dogs in parks.
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Section 5
. City Staff is authorized to take all steps necessary to effectuate the intent
of this ordinance.
Section 6
. It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re
lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
phrase in order to accomplish such intention.
Section 7
. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 8
. If any clause, section, or other part or application of this Ordinance shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in full force and effect.
Section 9
. This Ordinance shall become effective upon adoption.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ___ DAY OF
__________________, 2014.
PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE SECOND AND FINAL READING, 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)
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13. B
LEGAL
May 20, 2014
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RACC:
PROPOSED RESOLUTION NO. R14-044 -
EQUESTED CTION BY ITY OMMISSION
Approve a land swap agreement with Del Lago Ventures, Inc. of Atlanta, Georgia for the
relocation of the City's Lift Station No. 303 and construction of a new lift station in coordination
with the construction of a RaceTrac gas station at the southeast corner of Hypoluxo Road and
Seacrest Boulevard.
ER:
RaceTrac has assembled and purchased two parcels at the
XPLANATION OF EQUEST
southeast corner of Hypoluxo Road and Seacrest Boulevard in order to construct a new
gas station. One parcel was privately held and was known as the Meadows property,
and the adjacent parcel was owned by Palm Beach County. In addition, there is an
existing landlocked City-owned parcel in the middle of the Palm Beach County property
where Lift Station No. 303 is located (Parcel Control Number 40-43-45-09-11-017-
0030).
In order to facilitate the construction of the gas station, RaceTrac and Del Lago
Ventures, Inc. have proposed a land swap agreement to relocate the existing Lift
Station No. 303. As part of the relocation, a new lift station will be constructed along the
southeast perimeter of the site, piping modifications will be made, and the existing lift
station will be demolished. Construction will be phased to in order maintain wastewater
service to the customers in the surrounding area while the work is done.
H?
Since wastewater service will be
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
maintained to the City’s customers throughout construction, there will be no adverse
impact to the City. The existing lift station was built in the 1980s, and the City will
receive a new lift station which will improve the reliability and service to the area.
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FI:
As part of the agreement, Del Lago Ventures, Inc. will pay the City
ISCAL MPACT
$8,000.00 for the existing parcel, which is the current market value from the Palm
Beach County Property Appraiser. In addition, RaceTrac will construct a new lift station
in accordance with current City standards, construct new piping, and modify existing
piping to connect to the new lift station, RaceTrac building, and surrounding
infrastructure at no cost to the City. Since new pumps will be installed, the reliability of
the station will be improved and maintenance costs will be reduced for the near future.
A:
City Commission could elect to deny the land swap agreement, which
LTERNATIVES
would hinder the development of the property by RaceTrac.
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RESOLUTION NO. R14 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A CONTRACT FOR SALE AND PURCHASE FOR
LAND SWAP WITH DEL LAGO VENTURES, INC., OF ATLANTA,
GEORGIA FOR THE RELOCATION OF THE CITY’S LIFT
STATION NO. 303; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Del Lago Ventures has assembled and purchased two parcels at the
southeast corner of Hypoluxo Road and Seacrest Boulevard in order to construct a new gas
station; and
WHEREAS
, one parcel, owned by Palm Beach County, contained a landlocked City-
owned parcel where Lift Station No. 303 is located; and
WHEREAS
, in order to facilitate the construction of the gas station, Del Lago Ventures
is proposing a land swap to relocate the existing Lift Station No. 303; and
WHEREAS,
staff has made a recommendation that the parties exchange parcels of land,
the particulars of which are set out in the Contract for Sale and Purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach hereby approves and
authorizes the Mayor and City Clerk to sign the Contract for Sale and Purchase with Del Lago
Ventures, Inc., of Atlanta, GA for the relocation of the City’s Lift Station No. 303 and
construction of a new lift station in coordination with the construction of a RaceTrac gas station
at the Southeast corner of Hypoluxo Road and Seacrest Boulevard, a copy of which is attached
hereto as Exhibit “A”.
Section 3
. That this Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this _____ day of May, 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)
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14. A
FUTURE AGENDA ITEMS
May 20, 2014
COBB
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CMD:
May 20, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
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ETTLEMENTS
RACC:
Discuss zoning density in Districts II and III - TBD
EQUESTED CTION BY ITY OMMISSION
th
ER:
At the May 6 City Commission meeting, Commissioner
XPLANATION OF EQUEST
Merker requested a zoning density discussion in Districts II and II be added to the
Future Agenda.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
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CMD:
May 20, 2014
OMMISSION EETING ATE
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A/P UB
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ETTLEMENTS
RACC:
Discussion of Code enforcement issues related to
EQUESTED CTION BY ITY OMMISSION
property ownership and deterioration - TBD
th
ER:
At the May 6 City Commission meeting, Commissioner
XPLANATION OF EQUEST
Merker requested an item regarding Code enforcement issues be added to the Future
Agenda.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
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CMD:
April 16, 2014
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ETTLEMENTS
RACC:
Budget Workshop dates/times for FY 14/15
EQUESTED CTION BY ITY OMMISSION
Operating and Capital Budget - 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) 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 :
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
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14. D
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 6, 2014
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Beginning July 7, 2014, City Hall hours of operation
EQUESTED CTION BY ITY OMMISSION
will be Monday through Friday, 8 a.m. to 5 p.m.
ER:
Beginning July 7, 2014 the hours of operation for City Hall
XPLANATION OF EQUEST
will be 8 a.m. to 5 p.m., Monday through Friday, to continue providing high quality
customer service to the City’s residents and customers.
H?
Citizens and customers will have
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
access to municipal services and staff during weekdays, Monday through Friday.
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. E
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ATURE F
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AI
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ONSENT GENDAEGAL
BP$100,000 FAI
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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
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14. F
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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AI
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ONSENT GENDAEGAL
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Adopt 13-14 Strategic Plan & Revised Action
EQUESTED CTION BY ITY OMMISSION
Agenda – June 3, 2014
ER:
Staff will bring forward the final Strategic Plan for FY 13-14
XPLANATION OF EQUEST
and the revised Action Agenda that was presented to the Commission at our public
workshop on April 24, 2014.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. G
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Commission review and adoption of a Resolution
EQUESTED CTION BY ITY OMMISSION
updating the Heart of Boynton Community Redevelopment Plan -- June 3, 2014.
ER:
Presentation of Plan and adoption of Resolution.
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. H
FUTURE AGENDA ITEMS
May 20, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 20, 2014
OMMISSION EETING ATE
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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AI
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
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ETTLEMENTS
RACC:
Post-Legislative Update by District 89
EQUESTED CTION BY ITY OMMISSION
Representative Bill Hager - June 17, 2014
ER:
Florida House Representative Bill Hager has requested an
XPLANATION OF EQUEST
opportunity to provide a post-Legislative update to the City Commissioners and citizens
of Boynton Beach at the City Commission meeting on June 17, 2014.
H?
A report will be provided on issues
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
that affect the City.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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