Agenda 06-03-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JUNE 3, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Joe Casello
Vice Mayor – District IV
David T. Merker
Commissioner – District I
Mack McCray
Commissioner – District II
Michael M. Fitzpatrick
Commissioner – District Ill
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick
D. Brand Promise Statement
E. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Report by Commissioner Michael Fitzpatrick on his trip to Les Cayes, Haiti as
City delegate with the Greater Boynton Beach Sister Cities program
B. Legislative Update by District 88 Representative Bobby Powell
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
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6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
A. PROPOSED RESOLUTION NO. R14-045 - Authorize the City Manager to sign
an interlocal agreement between the Community Redevelopment Agency(CRA)
and the City of Boynton Beach for the City's I.T.S. Department to provide
technical support services in connection with the day-to-day governmental
operations of the CRA. The initial term of the agreement is three (3) years with
the option to renew with a first year payment by the CRA of $23,486.00.
PROPOSED RESOLUTION NO. R14-046
B. - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Phillip Russo for
the property at 1064 Brown Road, Lantana, FL.
C. Approve modifications to the Development Department budget, personnel
allocation, and organizational chart for the FY 13/14 budget.
D. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility
Fund for the seven (7) month period ended April 30, 2014.
E. Approve the recommendations of the Community Development Block Grant
review committee for funding activities in preparation for the City of Boynton
Beach's One Year Action Plan for FY 2014/2015. The anticipated Community
Development Block Grant allocation is $478,192.
F. Approve the minutes from the Regular City Commission meeting held on May
20, 2014
G. Approve a one year piggy-back of the City of Pompano Beach Bid No. E-25-14
for antiscalant with Nalco Company (NALCO) with the same terms, conditions,
specifications and pricing. The City will use this piggy-back to purchase
antiscalant (PC-1850T) for the removal of solids at the West Water Treatment
Plant on an "AS NEEDED BASIS" for an estimated annual expenditure of
$50,000.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO. 14-008 - FIRST READING
A. - Approve and
adopt the update to the Community Redevelopment Plan (Heart of Boynton
sub-plan).
10. CITY MANAGER’S REPORT
PROPOSED RESOLUTION NO. R14-047
A. - Adopt the City of Boynton Beach
Strategic Plan 2013-2104 in its entirety.
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Discuss amending the Land Dedication Requirement of the Land Development
Regulations, Chapter 2, Article VI. Section 2. "City Parks and Recreation
Facilities Impact Fee or Land Dedication" - per the request of Commissioner
Fitzpatrick
13. LEGAL
PROPOSED ORDINANCE NO.14-003 - SECOND READING - PUBLIC
A.
HEARING
- Approve amendments to the Comprehensive Plan Future Land
Use, Transportation, Coastal Management, Public School Facilities and
Intergovernmental Coordination Elements. Applicant: City-initiated.
PROPOSED ORDINANCE NO. 14-007 - SECOND READING - PUBLIC
B.
HEARING
- 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.
14. FUTURE AGENDA ITEMS
A. Post-Legislative Update by District 89 Representative Bill Hager - June 17,
2014
B. 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.
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C. Beginning July 7, 2014, City Hall hours of operation will be Monday through
Friday, 8 a.m. to 5 p.m.
D. Discuss zoning density in Districts II and III - TBD
E. Discussion of Code enforcement issues related to property ownership and
deterioration - TBD
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. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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:
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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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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:
Legislative Update by District 88 Representative
EQUESTED CTION BY ITY OMMISSION
Bobby Powell
ER:
Florida House Representative Bobby Powell has requested
XPLANATION OF EQUEST
an opportunity to provide a Legislative update to the City Commissioners and citizens of
Boynton Beach.
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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5. A
ADMINISTRATIVE
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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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6. A
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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. R14-045 -
EQUESTED CTION BY ITY OMMISSION
Authorize the City Manager to sign an interlocal agreement between the Community
Redevelopment Agency(CRA) and the City of Boynton Beach for the City's I.T.S. Department to
provide technical support services in connection with the day-to-day governmental operations of
the CRA. The initial term of the agreement is three (3) years with the option to renew with a first
year payment by the CRA of $23,486.00.
ER:
XPLANATION OF EQUEST
This agreement retains the I.T.S. Department to provide the CRA with technical
support services in connection with the day-to-day operations of the CRA. This
agreement shall be for an initial term of three (3) years, with the option to be
renewed for two (2) additional three (3) year terms.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The City’s Information Technology Services (ITS) Department has been providing
technical support for CRA since 2006 under a previous Interlocal Agreement. The
original agreement contained language to allow for two extensions of the original
agreement, which were both exercised. Since the original agreement did not
allow for additional extensions, a new agreement is now necessary.
The new agreement is similar to the previous agreement in that it contains an initial
three (3) year term, with options to extend it for two (2) additional three (3) year terms.
CRA will benefit from lower technical support cost by utilizing existing city
I.T.S. resources vs. vendors.
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CRA will benefit from lower license cost by utilizing the city’s enterprise
agreement for software licenses and maintenance.
CRA will benefit from a secure network connection to the city’s network for
GIS and e-mail.
CRA and the City of Boynton Beach will benefit from meeting coordination,
information access, sharing, and coordination of resources via the city’s e-
mail system.
CRA will benefit from having access to city’s GIS database, layers and
applications.
FI:
ISCAL MPACT
The City of Boynton Beach shall be paid the sum of Twenty Three Thousand Four
Hundred Eighty Six ($23,486) Dollars for the first year of this Agreement. Annual
payments to I.T.S. shall increase by three (3%) percent for each year this
st
agreement is renewed, said increase to be effective on February 1 each year.
CRA payments to the City of Boynton Beach for technical support during the next
three-year term will be:
Year 1 2/1/15 – 1/31/16 $23,486
Year 2 2/1/16 – 1/31/17 $24,190
Year 3 2/1/17 – 1/31/18 $24,916
A:
LTERNATIVES
Do not approve this interlocal and the CRA would need to utilize outside
resources and vendors for their technology needs.
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RESOLUTION NO. R14-045
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR
INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY (CRA); AUTHORIZING
THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City’s Information Technology Services Department has been
providing technical support to the CRA since 2006 under a previous Interlocal Agreement; and
WHEREAS
, that Agreement has expired and the new Agreement is similar to the
previous Agreement in that it contains an initial three (3) year term, with options to extend the
Agreement for two (2) additional three (3) year terms; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation
of staff, hereby deems it to be in the best interests of the citizens and residents of the City of
Boynton Beach, to approve a three (3) year Interlocal Agreement for Technical Support,
providing for technical support in connection with the day-to-day governmental operation of the
CRA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the Interlocal Agreement for Technical Support between the City of Boynton Beach and
the Community Redevelopment Agency (CRA) of the City of Boynton Beach, providing for
technical support in connection with the day-to-day governmental operations of the CRA for an
initial term of three (3) years.
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Section 3. The City Manager is hereby authorized to sign the Interlocal Agreement
for Technical Support on behalf of the City of Boynton Beach, a copy which is attached hereto as
Exhibit “A” and incorporated herein by reference.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of June, 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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INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT
THIS INTERLOCAL AGREEMENT, made and entered into this _____ day of
______________, 2014, by and between:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF BOYNTON BEACH, FLORIDA, a public agency, having the
address, 710 North Federal Highway, Boynton Beach, Florida
33435 (hereinafter referred to as "CRA"),
and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, having the address, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to
as "CITY").
WHEREAS, at its meeting of ____________, 2014, the City of Boynton Beach approved
entering into this Agreement with the CRA, providing for the provision of technical support
services by CITY to the CRA; and
WHEREAS, at its meeting of ____________, 2014, the CRA approved entering into an
Agreement with CITY; and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions
herein expressed and of the faithful performance of all such covenants and conditions, CRA and
CITY do mutually agree as follows:
PROJECT DESIGNATION.
1. CITY is retained by the CRA to perform computer
technical services in connection with the day-to-day governmental operations of the
CRA.
SCOPE OF SERVICES.
2. CITY agrees to perform the services, identified in the
document, entitled, “Client Agreement and Conditions for CRA Technical Services,"
which is attached hereto and made a part hereof as Exhibit "A". All materials,
equipment, and supplies necessary for CITY to perform said services shall be the
responsibility of CRA. CRA shall use its best efforts in cooperating with CITY in
providing the information and documentation necessary to CITY in the performance of
the Technical Services under this Agreement.
TERM.
3. This Agreement shall take effect upon the termination of that certain Interlocal
Agreement for Technical Support dated February 28, 2006, approved by the City in
Resolution R06-053 and twice since extended by the Parties for two three year
extensions, the second of which is reflected in and approved by CRA resolution No. 11-
06 (“Effective Date”). This Agreement shall be for an initial term of three (3) years and
may be renewed by the parties for two (2) additional three (3) year terms. This
Agreement shall terminate upon mutual agreement of the parties hereto or upon thirty
(30) days written notice of intent to terminate from one party to the other.
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PAYMENT.
4. CITY shall be paid by the CRA for services rendered under this
Agreement as follows:
a. CITY shall be paid the sum of Twenty Three Thousand Four Hundred Eighty Six
($23,486.00) Dollars for the first year of this Agreement.
b. CRA shall pay the annual amount owed to CITY, in four equal installments at the
st
beginning of each quarter. The first quarter shall begin on the first (1) day of the
month following the month in which the written notice to proceed as provided for
in Section 3 is given. The CRA shall pay, and the CITY may invoice payments to
facilitate fiscal year end billing.
c. The annual payment to CITY shall increase by three (3%) percent for each year
during the term of the agreement and any renewal terms. Said increase shall be
st
effective on February 1 each annual anniversary of this Agreement.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered.
e. The parties agree that should the demands on CITY increase as a result of
additional work stations, additional employees of the CRA, or changes to the
CRA Hardware and Software Inventory, the CRA and CITY shall renegotiate the
annual fee paid under this Agreement upon receipt of a written request from
CITY to renegotiate.
COMPLIANCE WITH LAWS.
5. CITY agrees to perform the services contemplated by
this Agreement, and faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
Agreement.
GOVERNMENTAL IMMUNITY.
6.
a.CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a
public agency created pursuant to Chapter 163, Florida Statutes. To the extent
permitted by law, each party agrees to be fully responsible for acts, omissions, and
negligence of their agents, officers, or employees. Nothing herein is intended to serve
as a waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out
of this Agreement or any other contract.
b.Both parties acknowledge that this is an Interlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative
authority with regard to its respective governing body. All of the privileges and
immunities from liability; exemptions from laws, ordinances, and rules; pensions and
relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents or employees of any public agency when performing their
respective functions within the territorial limits for their respective agency shall apply
to the same degree and extent to the performance of such functions and duties of
those officers, agents, or employees extra-territorially under the provisions of any
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Interlocal Agreement.
INDEPENDENT CONTRACTOR STATUS
7. .
a. CITY and its employees, subcontractors, volunteers and agents, shall be and remain
independent contractors and not agents or employees of CRA with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind of
joint undertaking or venture between the parties hereto.
b. CRA will not be responsible for reporting or paying employment taxes or other
similar levies which may be required by the United States Internal Revenue Service or
other state agencies.
NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT.
8.
During the performance of the Agreement, CITY shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national
origin. CITY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action
must include, but not be limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. CITY
shall agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this non-discrimination clause.
NON-EXCLUSIVITY
9. . This Agreement is considered a non-exclusive Agreement
between the parties. The CRA shall have the right to purchase the same kind of services
to be provided by CITY hereunder from other sources during the term of this Agreement.
ASSIGNMENT.
10. CITY shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CRA.
NON-WAIVER.
11. Waiver by the CRA of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
TERMINATION.
12. This Agreement may be terminated for convenience or cause by
either party by providing thirty (30) days notice to the other party. Should termination be
for convenience, termination shall be without liability to the terminating party. In the
event of any termination, CITY shall be paid the pro rata sum for services performed, or
if prepaid, CITY would return to the CRA the pro rata sum paid in advance.
DISPUTES.
13. In the event that a party has a dispute with respect to the other party's
performance hereunder, the party shall notify the other party in writing in accordance
with Article 14, advising of the disputed matter. In the event that the disputed matter is
not resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to
a mediator mutually agreed to by the parties before any litigation is brought.
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NOTICES.
14. Notices to the CRA shall be in writing and sent via U.S. Mail to the
following address:
CITY OF BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
710 North Federal Highway
Boynton Beach, FL 33435
ATTN: Vivian Brooks, Executive Director
With copy to:
CRA Attorney
c/o Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, FL 33401
Notices to CITY shall be sent to the following address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: John McNally, ITS Manager
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
SEVERABILITY.
15. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
INTEGRATED AGREEMENT.
16. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between CITY and the CRA and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both CITY and CRA.
AMENDMENTS
17. . It is further agreed that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
CHOICE OF LAW; WAIVER OF JURY TRIAL.
18. Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
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courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs,
and shall be governed by the laws of the State of Florida. In the event any causes of
action arising out of this Agreement are pre-empted by federal law, any such
controversies shall be submitted to the jurisdiction of the United States District Court for
the Southern District of Florida. To encourage prompt and equitable resolution of any
litigation that may arise hereunder, each party hereby waives any rights it may have to a
trial by jury of any such litigation.
BENEFITING PARTIES
19. . This Agreement is intended to benefit the parties to this
Agreement. The parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either party
based upon this Agreement. The parties expressly acknowledge that it is not their intent
to create any rights or obligations in any third person or entity under this Agreement.
CONSTRUCTION OF AGREEMENT
20. . The terms and conditions herein are to be
construed with their common meaning to effectuate the intent of this Agreement. All
words used in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words in any gender shall
extend to and include all genders.
APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW
21. . The parties
acknowledge and understand that the rules, regulations and statutes regarding public
records are applicable to this Agreement and the services provided thereunder. CRA
understands that public records as defined in Chapter 119, Florida Statutes, created with
CRA computer equipment, software and hardware, including but not limited to e-mail
and internal memoranda, constitute public records under the laws of the State of Florida,
and are subject to disclosure unless otherwise exempt.
RECORDING.
22. This Agreement shall be recorded in the public records of Palm Beach
County, in accordance with the Florida Interlocal Cooperation Act of 1969.
MODIFICATION.
23. It is further agreed that no modifications, amendments or alterations
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith
IN WITNESS OF THE FOREGOING
, the parties have set their hands and seals this
______ day of ______________, 2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: ___________________________
Print name: _____________, Chairman
ATTEST:
_____________________________
Print name: ___________, Secretary
Approved as to form:
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______________________________
Kenneth G. Spillias, CRA Attorney
CITY OF BOYNTON BEACH
______________________________
Lori LaVerriere, City Manager
Attest:
________________________________
Janet Prainito, City Clerk (CITY SEAL)
Approved as to form:
_________________________________
Office of the City Attorney
DNT:dnt
S:\CA\AGMTS\ITS\CRA Technical Services - 2306.doc
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Exhibit A
Client Agreement and Conditions
for
CRA Technical Services
The City of Boynton Beach Information Technology Services Departments (ITS) and the
Community Redevelopment Agency (CRA) has entered into a technical support agreement to
provide technical support for the CRA Director and staff members.
Technical support will include support for the CRA’s server and storage, firewall, router, network
equipment, personal computers, printers and peripherals, City of Boynton Beach enterprise
software (Active Directory, Exchange email, SunGard/HTE Naviline, etc.) and CRA specific
software.
Support will also include use of the GIS Division’s ESRI software and access to GIS staff for
training, education and support of ESRI and other GIS-based software.
Other services such as use of the City’s security policies, anti-virus software, Windows automatic
update policies will apply to the CRA computing and network environment.
Technical support services include unlimited technical support during normal business hours
(Monday through Friday, 8:00 AM to 5:00 PM), as well as access to ITS on-call personnel for
emergency issues during non-normal business hours.
The City of Boynton Beach will utilize change management policy to address any configuration
changes to the CRA servers, PCs, peripherals, printers, and network environment.
Technical support response and resolution parameters are based on problem severity and impact
on business operations. Our service level agreement parameters are listed below and will be
adhered to by our staff for this support engagement.
Severity Code Customer Impact Service Response to Customer Resolution Time
1-Critical Business Halted Updates every 30 minutes Until Fixed
2- Urgent Business Impacted 2-4 Hours 4 hours
3- Important Non-Critical 1-3 Days 1-3 Days
4-Request Normal Business 3-5 Days 30 Days
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6. B
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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. R14-046 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize signing of an Agreement for Water Service outside the City Limits with
Phillip Russo for the property at 1064 Brown Road, Lantana, FL.
ER:
Water service areas have been designated between the
XPLANATION OF EQUEST
County and local utilities. This was accomplished under agreement #85-757 and
revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach
County area outside of the City limits in our water service area north of Miner Rd
between N. Seacrest Blvd. and N. Federal Hwy.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
H?
The City is able to provide water to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the property resulting from water main improvements constructed by Palm Beach
County. The owner agrees to be responsible for all costs to provide service to the
owner’s premises. No additional construction is required by the City to serve this
property.
FI:
Customers outside the City limits pay an additional 25% surcharge
ISCAL MPACT
above the water rates charged to customers within the City.
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A:
Deny request to provide service. If service is denied the Consumptive
LTERNATIVES
Use Permit could be subject to modification. The Utility Department is granted water
allocation under the South Florida Water Management District Consumptive Use Permit.
The current permit has limiting restriction #19 that states “The Permittee shall notify the
District within 30 days of any change in service area boundary. If the Permittee will not
serve a new demand within the service area for which the annual allocation was
calculated, the annual allocation may then be subject to modification and reduction”.
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RESOLUTION NO. R14-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND PHILLIP RUSSO; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our
water and sewer service area, at 1064 Brown Road, Lantana, Florida (PCN: 00-43-45-09-04-000-
0040); and
WHEREAS
, the parcel covered by this agreement includes a single-family home located
in unincorporated Palm Beach County portion of the City’s utility service area; and
WHEREAS
, the property historically receives water from a well and the owner now
requests that the City provide potable water in the future; and
WHEREAS
, no additional construction will be required by the City to serve this
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission hereby authorizes and directs the City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Phillip
Russo, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of June, 2014.
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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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6. C
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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 modifications to the Development
EQUESTED CTION BY ITY OMMISSION
Department budget, personnel allocation, and organizational chart for the FY 13/14 budget.
ER:
The Development Services division is currently staffed by
XPLANATION OF EQUEST
four Application Technicians and one Application Associate. The Application Associate
position is currently vacant. Permit activity has increased significantly over the past
twelve months, creating a wait time backlog for assistance from the Application
Technician staff. The Department has made a concerted effort to hire experienced staff,
which in turn reduces the training time period, providing our customers with skilled
Application Technicians who handle a greater number of applications with more
complexity than the Application Associate position would be able to. Reclassification of
the Application Associate vacancy will facilitate full staffing of the division at the higher
skill set, allowing for better, more expedient delivery of services.
In order to accomplish full staffing levels, the Department is requesting a one grade
reclassification:
Application Associate – Grade 10 ($32,567.08 - $48,850.62)
Application Technician – Grade 11 ($34,057.11 - $51,086.96)
This results in a change in the personnel allocation and organizational chart for the FY
13/14 Development Services budget as follows:
Application Technician: Increase from 4 FTE to 5 FTE
Application Associate: Decrease from 1 FTE to 0 FTE
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H?
The change in classification will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
result in a higher level of service available to our customers, addressing current
demand. There is no change to the overall staffing level.
FI:
There will be a net increase of $1,610 annually in the Development
ISCAL MPACT
Department 001-2410 budget.
001-2410-524.12-10 Regular Salaries/Wages $1,490
001-2410-524.21-10 Employer FICA $ 114
001-2410-524.23-20 Disability Insurance $ 6
A:
Do not approve the changes as requested.
LTERNATIVES
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6. D
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2013 -14 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the seven (7) month period ended April 30, 2014.
Explanation of Request
:This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City’s General Fund and Utility Fund for the
seven (7) month period ended April 30, 2014 (58% of the fiscal year). The analysis
compares:
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 71,267$ 53,52975%$ 69,643$ 51,50574%2%4%
Expenditures$ (71,267)$ (44,759)63%$ (69,643)$ (43,180)62%2%4%
Excess (Deficit)$ -$ 8,770$ -$ 8,325
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $54.3 M or 76% of our total $71.2 M
General Fund budget estimate for FY 2013-14. Transfers from other funds (non-
revenues) provide $16.9 M or 24% of the total funding sources to balance our $71.2 M
General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 36% - $ 25.3 M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 29.0 M – All other revenues plus General Fund Balance
3._24% - $ 16.9 M – Transfers from other funds
100% - $ 71.2 M – Total funding sources
The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills;
the net property taxes of $29.7 M in FY 2013-14 represent a 10% increase in property
tax revenue or an increase of $2.7 M from FY 2012-13.
To balance the budget in FY 2013-14, it required transfers from other funds of $16.9 M
representing 24% of all funding sources.
Actual Funding Sources Realized:
At the end of the seventh month in FY 2013-14,
revenues and transfers realized are approximately $53.5 M of the budget estimate
compared to $51.5 M realized to date in FY 2012-13.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA
, received to date was
$23.7 M as compared to $21.9 M for FY 2012-13, as noted on Exhibit A.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $2.6 M or 59% actual collected compared to $2.4 M or
55% in FY 2012-13.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2013-14,
approximately $1.36 M or 98% has been collected compared to the FY 2012-13 amount
of $1.29 M or 95%.
State Shared revenues
3. of $4.19 M or 59% have been collected in FY2013-14 as
compared to $3.87 M or 58% received in FY 2012-13.
Public Safety revenues
4. at this point is ahead of the budgeted amount; $3.0 M or
74% was received compared to $2.8 M or 72% for FY 2012-13.
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Special Assessment revenues,
5. related to Fire and Rescue, in the amount of
$4.61 M or 93% has been collected compared to $4.58 or 94% in FY 2012-13.
Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted
transfers from other funds each month. This will result in 100% realization of this
funding source for the year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, appropriations increased approximately 2.3% from
$69.6 M to $71.2 M. The budget increase was due to the cost of doing business,
providing funding for additional landscaping, wage increases and increases for
insurance costs.
Actual Expenditures –
General Fund expenditures for the seven month period ending
April 30 (58% of the fiscal year) are $44.7 M that is 63% of the $71.2 M expenditure
appropriation for FY 2013-14.
The table at the top of Exhibit B displays actual expenditures of $44.7 M or 63% of the
FY 2013-14 budget. At this point in the fiscal year, spending levels are slightly ahead
compared to the $43.1 M or 62% actual spending levels in FY 2012-13 for this same
period.
UTILITY FUND
The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase
from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of
an estimated $49K into the fund balance for FY 2013-14.
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 39,167$ 24,24462%$ 37,719$ 22,28059%4%9%
Expenditures$ (39,167)$ (22,781)58%$ (37,719)$ (21,938)58%4%4%
Excess (Deficit)$ -$ 1,463$ -$ 342
For the seven month period in FY 2013-14,
Revenues realized are $24.2 M (62%) of the annual budget estimate.
Expenditures incurred are $22.7 M (58%) of the annual appropriated budget.
This resulted in revenues in excess of expenditures yielding a surplus of approximately
$1.4 M.
The following provides brief comments on the Utility Fund revenues and expenditures to
date.
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Revenues (Exhibit C) -
The $24.2 M in FY 2013-14 actual revenues and fund balance
have increased over the $22.2 M in FY 2012-13, because of two factors:
Water Sales - $11.1 M equivalent to 62% of the annual estimate, compared to
$10.6 M or 59% at this point in FY 2012-13.
Water Service Charge - $631 K equivalent to 140% of the annual estimate,
compared to $246 K at this point in FY 2012-13, due to stricter enforcement of
fees associated with delinquent accounts and the reconnection of water service.
Sewer Service - $10.2 M equivalent to 61% of the annual estimate, compared to
$9.8 M or 59% at this point in FY 2012-13.
In FY 2013-14, $ 49 K is being recognized as an added increase to fund balance,
compared to an added increase of $ 1.2 M in FY 2012-13.
Expenditures (Exhibit D)
– Utility Fund FY 2013-14 expenditures to date are $22.8 M
or 58% of the annual appropriation compared to expenditures of $21.9 M or 58% for the
prior fiscal year.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. E
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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 recommendations of the Community
EQUESTED CTION BY ITY OMMISSION
Development Block Grant review committee for funding activities in preparation for the City of
Boynton Beach's One Year Action Plan for FY 2014/2015. The anticipated Community
Development Block Grant allocation is $478,192.
ER: The Community Development Block Grant (CDBG) Program was
XPLANATION OF EQUEST
created by Congress with the passage of the Housing and Community Development Act of 1974.
The U.S. Department of Housing and Urban Development (HUD) office of Community Planning and
Development (CPD) administers CDBG. Its mission is to assist in developing sustainable
communities by promoting innovative approaches that provide decent housing, suitable living
environments, and expand economic opportunities for low and moderate income persons through its
entitlement communities.
The City of Boynton Beach is in its eighteenth year as an entitlement community for receiving
Federal Grant funds. The One Year Action Plan is being developed with activities listed that show
how the use of these funds will address the needs of the Community.
Entitlement community status, as determined by the Secretary of the Department of Housing and
Urban Development, is one “whereby a Metropolitan City is guaranteed, as determined by formula
set forth by the Housing and Community Development Act of 1974, certain sums of money to assist
states, counties, cities, and towns in devising innovative approaches to improve the physical,
economic, and social conditions in low-income areas”.
In order to meet this objective, CPD encourage the development of partnerships among all levels of
government and the private sector, including for-profit and non-profit organizations; more
specifically, organizations that provide services within distressed areas.
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One important principle CPD encourages is to carry out the mission of Community Planning through
community development issues driven from the bottom up. By this method, grantees are expected to
empower the local residents by helping to give them a voice in the future of their neighborhoods. A
grantee must develop and follow a plan which provides for and encourages citizen participation and
which emphasizes participation by persons of low to low- moderate income, particularly residents of
predominantly low and low-moderate income neighborhoods, slum or blighted areas, and areas in
which the grantee proposes to use the CDBG funds. In effect, HUD requires that 70% of CDBG
funds be expended to benefit low and moderate income persons or households in areas where a
minimum of 51% of their residents meet this income criterion.
Activities that are taken on by the City must meet three (3) national objectives:
1. Benefit low and moderate-income persons
2. Address slum and blight
3. Meet a particular urgent community development need
The following is a list of types of eligible activities:
Property acquisition and disposition
Clearance and demolition
Interim assistance to arrest severe deterioration or alleviate emergency conditions (e.g.,
hurricane, earthquakes, flooding)
Completion of urban renewal projects
Relocation assistance
Loss of rental income (related to relocations)
Code Enforcement
Construction of New Housing
Housing Rehabilitation
Public Facilities and Improvements
Public Services
Removal of Architectural Barriers
Homeownership assistance (e.g., down payment assistance, interest subsidies)
Technical assistance to public or non-profit entities to increase the capacity of such entities
to carry out eligible neighborhood revitalization or economic development activities
Public Facilities and Improvements
Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer
lines, streets and sidewalks)
Acquisition, construction or rehab of neighborhood facilities and facilities for persons with
special needs (e.g., homeless shelters, group homes and halfway houses)
Public Services
Job training and employment services
Health care and substance abuse services
Child care
Crime prevention
Fair housing counseling
Services for senior citizens
Services for homeless persons
Recreational services
Education programs
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Planning and Administration of the Program
The total amount of CDBG funds that may be obligated for planning and administration of the
program must not exceed twenty percent (20%) of the annual allocation. It includes the following:
General management, oversight and coordination
Public information
Fair Housing activities
Indirect costs
Submission of applications for Federal programs
nd
Advertisements soliciting applications were placed in local publications on April 2, 2014. Letters
were sent out to various churches in the community, and a public workshop was conducted on April
th
10, 2014, for the purpose of explaining the program, eligibility requirements, and public input,
th
resulting in receipt of five (5) proposals on May 28, 2014.
Using both staff and representatives of the community, the following represents the committee
members that reviewed the applications:
Beverly Agee - Attorney
Vivian Brooks - Executive Director, Boynton Beach CRA
Saleica Brown - Application Technician, COBB Building Dept.
Kathleen Perry - Retired PBC School Principal
STAFF
Nancy Byrne
OctaviaSherrod - Director of Development
- Community Improvement Manager
H? This preliminary review of funding
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
recommendations is provided to the Commission in advance of public posting. Final funding
recommendations, incorporated into the One Year Action Plan, will return to Commission following a
30 day public comment period. The action plan is due to HUD by August 15, 2014.
As described above, the Community Development Block Grant (CDBG) Program’s purpose is to
help the City of Boynton Beach meets the needs of its lower income residents by offering a wide
range of eligible Community Development activities. A full copy of the application package including
scoring criteria is also included with the agenda item.
Five (5) proposals were received and evaluated by the committee, and the results are as follows:
Public Service Activities: Subject to 15% of Allocation
Aid to Victims of Domestic Abuse, Inc. – Request is to provide funding for partial salary and
benefits of an Intervention Specialist to work with children affected by domestic abuse to help them
overcome their fears and learn how to live in safety. The Intervention Specialist will conduct
presentations in schools designed to prevent domestic violence with a program that produces
positive, measureable results, and will provide individual and group counseling to children as
needed.
*Funding Request $20,000 Committee Recommendation $15,000
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Community Caring Center of Greater Boynton Beach – The agency requests funding to provide
for staffing costs and other administrative costs related to the program, i.e., insurance and
accounting services. Agency provides mortgage, rent, and utility payment assistance, food pantry
and food vouchers, medication purchase assistance, and direct emergency social services to
seniors, to name just a few of their numerous programs.
Funding Request $65,000 Committee Recommendation $46,728
One Eighty for Girls – The organization has requested funding to pay the salary of its Executive
Director/Board President for facilitating its program, which focuses on approximately 20 low income
youth receiving training for conflict resolution, anger management and building healthy relationships.
While the program shows merit, it is duplicative of the program administered by Aid to Victims of
Domestic Abuse, which reaches a larger and more diverse audience. And though not entirely
unusual, board members of non-profits agencies seldom receive a salary for their services, as board
members normally serve as the employer of the staff of non-profits.
Funding Request $5,000 Committee Recommendation -0-
City of Boynton Beach Recreation Department – Provides summer camp scholarships to low
income students eligible for free and reduced lunches.
Committee Recommendations $10,000
Boynton Beach Faith-Based Community Development Corporation – The Boynton Beach Faith-
Based CDC is a state recognized Community Based Development Organization (CBDO), which
offers the City more flexibility in achieving its Community Development Objectives. The agency
proposes to continue to provide ongoing support to the community and serves as the delivery
mechanism to City of Boynton Beach by facilitating the intake process for the affordable housing
programs to include the city’s the State Housing Initiatives Program (SHIP), and the continuation of
the Neighborhood Stabilization (NSP) program, as well as other ongoing community development
initiatives.
Funding Request $156,080
Committee Recommendation $70,000 Staff Recommendation $100,000
Neighborhood Renaissance – The agency is also a nonprofit community based organization has
requested funding to use in conjunction with a Wells Fargo Urban Lift grant for the Heart of Boynton
th
Model Block project. This project, centering on W. Martin Luther King, Jr. Avenue, (N.W. 10
Avenue), encompasses streetscape improvements to be made including sidewalks, gutters, and
curbing, as well as shade trees and a bus shelter.
Funding Request $60,683
Committee Recommendation $40,000 Staff Recommendation $60,683
The Boynton Beach Faith Based Community Development Corporation and Neighborhood
Renaissance, Incorporated are both experience nonprofit community based organizations who have
received Urban Lift grants from Wells Fargo Bank to assist the City of Boynton Beach’s revitalization
efforts in the Heart of Boynton. The success of the Model Block project is a very important aspect of
the Heart of Boynton, and serves as an Economic Development catalyst in the success of the city’s
efforts. It is for this reason city staff is recommending increased subsidy to insure their success.
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Summary:
Public Service ............................................................................................................................. $71,728
15% of Annual Allocation
Planning & Grant Administration ................................................................................................. $95,638
20% of Annual Allocation includes required Fair Housing Initiatives
Housing Rehabilitation & Delivery ............................................................................................ $350,826
Non Profit Development Assistance………………………………………………………………..$160,683
SUBTOTAL ............................................................................................................................... $678,875
Economic Development Incentives…………………………………………………………………$185,000
TOTAL ...................................................................................................................................... $863,875
[*$385,683 to be funded from previous year’s allocations]
FI:
The City of Boynton Beach’s CDBG allocation for FY 2014/2015 is $478,192,
ISCAL MPACT
which is a three point four five percent (3.45%) increase from FY 2013/2014. Twenty percent or
$95,638 will be used for the administration of the CDBG program. Fifteen percent or $71,728 of the
funds will be used to provide public services to the residents of the City of Boynton Beach.
A:
The City of Boynton Beach would have to use General Fund dollars, or
LTERNATIVES
discontinue is revitalization efforts.
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6. F
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
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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:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on May 20, 2014
The City Commission met on May 20, 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. G
CONSENT AGENDA
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a one year piggy-back of the City of
EQUESTED CTION BY ITY OMMISSION
Pompano Beach Bid No. E-25-14 for antiscalant with Nalco Company (NALCO) with the same
terms, conditions, specifications and pricing. The City will use this piggy-back to purchase
antiscalant (PC-1850T) for the removal of solids at the West Water Treatment Plant on an "AS
NEEDED BASIS" for an estimated annual expenditure of $50,000.
BIDTERM: MARCH11,2014MARCH11,2015
THROUGH
ER:
XPLANATION OF EQUEST
The City of Boynton Beach has been using the specified antiscalant product from
NALCO over the past four years. In membrane treatment processes as utilized at the
West Water Treatment Plant (WWTP), removal of solids from the raw water also results
in the deposit of those very solids on the membrane surfaces producing ineffective
membranes. The WWTP previously relied on sulfuric acid to perform this duty.
Currently the WWTP uses a combination of sulfuric acid and the NALCO antiscalant to
reduce plating of the membranes.
The City of Pompano Beach has complied with public competitive bid requirements that
equal or exceed the City of Boynton Beach bid requirements. The City of Pompano
Beach bid has the option to renew this bid for two additional one-year periods.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Use of the NALCO product PC-1850T has reduced the sulfuric acid use, effectively
decreasing costs, and providing “real time” monitoring and control of the product.
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FI:
ISCAL MPACT
Funds have been budgeted in account 401-2811-536-52-35. To date, expenditures for
fiscal year 2014 for NALCO PC-1850T are $29,600.
A:
LTERNATIVES
The City of Boynton Beach could issue its own bid for NALCO PC-1850T antiscalant, or
look for other products to reduce membrane plating.
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9. A
PUBLIC HEARING
June 3, 2014
COBB
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CMD:
June 3, 2014
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BP$100,000 FAI
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-008 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve and adopt the update to the Community Redevelopment Plan (Heart of
Boynton sub-plan).
ER:
The update to the Community Redevelopment Plan (Heart
XPLANATION OF EQUEST
of Boynton sub-plan) is presented to City Commission for formal adoption. At their
meeting of May 13, 2014, the Community Redevelopment Agency Board adopted the
plan by unanimous vote. The City Commission must conduct a public hearing as a
condition of adopting an amendment to the Plan following publication of a notice on the
newspaper.
H?
The Community Redevelopment
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Plan (Heart of Boynton sub-plan) was adopted in December of 2001. While many of the
recommendations within the plan have been accomplished such as the N. Seacrest
Boulevard streetscape project, the redevelopment of the Wilson Center (Carolyn Sims
Center), the redevelopment of half of the former Boynton Terrace site into 21 single
family homes, numerous new infill homes constructed and more rehabilitated and the
removal of two nuisance convenience stores, there still remains work to be completed.
As part of the Strategic Planning process, it was recommended that the Community
Redevelopment Plan (Heart of Boynton sub-plan) be reviewed for potential updates and
amendments to ensure its relevancy in today’s marketplace. A public meeting was held
on October 24, 2013 to gauge the neighborhood resident’s feelings about such topics
as height, density, progress and new potential projects for the community.
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During the workshop, the participants used I-Clickers to rank their likes or dislike of
various proposed projects and land use changes. The overall consensus of participants
was positive to the proposed projects. Newly proposed projects include the Model
th
Block at NW 10 Avenue, a single-family in-fill project, the Cottage District between NE
thth
4 and 5 Avenues which will replicate many of the historic styles present in the
th
community, Ocean Breeze East at NE 6 Avenue which will become a new multi-family
development on CRA owned property.
Also recommended and supported during the meeting was an overall increase in
density east of N. Seacrest Boulevard. This is to support the future development of a
Downtown Transit-Oriented Development (TOD) District. However, the community
continues to support keeping the single-family nature west of N Seacrest Boulevard.
The community continues to support commercial redevelopment on Martin Luther King,
Jr. Blvd. at the eastern and western nodes along with multi-family residential
development in the center of the block.
An additional recommendation of the Update Plan is the expansion and retention of the
light industrial area north of E. Boynton Beach Boulevard, from the FEC tracks
extending west to NE 2nd Street. This is consistent with the original plan’s desire to
create jobs for area residents. The plan also calls for a transitional area of multi-family
ndst
between NE 2 Street to NE 1 Street.
The updated plan is attached for review.
FI:
N/A
ISCAL MPACT
A:
Do not adopt the updated plan.
LTERNATIVES
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ORDINANCE 14-___
A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA APPROVING AND ADOPTING
THE UPDATE TO THE COMMUNITY REDEVELOPMENT
PLAN (HEART OF BOYNTON SUB-PLAN) TO INCORPORATE
AMENDMENTS AND UPDATES TO ENSURE ITS
RELEVENACY IN TODAY’S MARKETPLACE; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS
, Florida Statute 163.361 provides for amendment or modification of a
Community Redevelopment Plan; and
WHEREAS
, the Community Redevelopment Agency Board has reviewed and conducted
a public hearing regarding the update to the Community Redevelopment Plan (Heart of Boynton
sub-plan); and
WHEREAS
, the City Commission of the City of Boynton Beach, Florida finds that the
update to the Community Redevelopment Plan will further advance the intent, purpose, and
goals of the Community Redevelopment Agency as contemplated by the Community
Redevelopment Act of 1969.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
Section 1. Each "Whereas" clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach Florida approves and
adopts the updated Community Redevelopment Plan (Heart of Boynton sub-plan), a copy of
which is attached hereto and made a part hereof as Exhibit “A”.
Section 3. Each and every other provision of the Code of Ordinances not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same
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are hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 6. This ordinance shall become effective immediately upon its passage and
adoption.
FIRST READING
this ____ day of _____________, 2014.
SECOND, FINAL READING AND PASSAGE
this ________ day of
______________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(CORPORATE SEAL)
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10. A
CITY MANAGER’S REPORT
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 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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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. R14-047 - Adopt
EQUESTED CTION BY ITY OMMISSION
the City of Boynton Beach Strategic Plan 2013-2104 in its entirety.
ER:
At the December 3, 2013 City Commission meeting, the
XPLANATION OF EQUEST
Commission approved Resolution No. R13-133, adopting the Strategic Plan Focused
Work Program and Action items in order to provide clear direction to staff on the project
and funding priorities of the Commission. However, not all components of the entire
Strategic Plan were adopted at that time.
On April 24, 2014, the City Commission and staff held a public workshop to discuss the
FY2014 First Quarter update including progress made and any changes and updates to
the plan. The final Strategic Plan now needs to be adopted through resolution as the
guiding document for City. This includes the Governance Guide 2013, Action Agenda 2013,
Strategic Plan 2013-2018-2028 and Executive Summary, and Tracking Matrix with updates as
provided at the April 24, 2014 City Commission Strategic Plan Workshop.
By formally adopting the Strategic Plan in its entirety, the City Commission and staff can move
forward in determining the Action Agenda for the FY2014-2015.
H?
The Strategic Planning document
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
in its entirety establishes a model for the city that provides:
Value-based principles that describe the preferred future in 15 years.
Strategic goals that focus outcome-based objectives and potential actions for 5
years.
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Focus for a one year work program that includes a policy agenda for the Mayor
and Commission, management agenda for staff and major projects.
Principles that define the responsibility of City government and frame the primary
services and core service businesses.
Personal values that define performance standards and expectations for
employees.
FI:
Adopting the entire Strategic Plan document creates the blueprint for
ISCAL MPACT
future budgeting concerns and facilitates a more effective and efficient utilization of
resources.
A:
Not to adopt the Strategic Plan in its entirety.
LTERNATIVES
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RESOLUTION R14-047
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND ADOPTING THE 2013-2014 CITY OF BOYNTON
BEACH STRATEGIC PLAN, IN ITS ENTIRETY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City Commission approved the adoption of the Strategic Plan
Focused Work Program via Resolution R13-133, in order to provide clear direction to staff
on the project and funding priorities of the City Commission; and
WHEREAS
, the final Strategic Plan now needs to be adopted as the guiding
document for the City and so that staff can move forward in determining the Action Agenda
for the FY2014-2015.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve and adopt the 2013-2014 City of Boynton Beach Strategic Plan in its entirety, a copy of
which is attached hereto as Exhibit “A”.
Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED
this ___ day of June, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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12. A
NEW BUSINESS
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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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 amending the Land Dedication
EQUESTED CTION BY ITY OMMISSION
Requirement of the Land Development Regulations, Chapter 2, Article VI. Section 2. "City Parks
and Recreation Facilities Impact Fee or Land Dedication" - per the request of Commissioner
Fitzpatrick
ER:
Commissioner Fitzpatrick requests discussion on re-
XPLANATION OF EQUEST
establishing in the City’s Land Development Regulations, the land dedication
requirement of six (6) acres per one-thousand (1,000) population as part, or in lieu of
the City’s Parks and Recreation Impact Fee or Land Dedication requirements, based on
the requirement that was in place in the regulations between 1977 and 2002.
H?
For many years, the City’s Parks
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and Recreation Impact Fee (aka land dedication) requirement was based on a formula
using six (6) acres per one-thousand (1,000) population. Staff research has not been
able to clearly discern whether this level of service standard had been set by the
National Recreation and Park Association or established locally at a level great enough
to satisfy both district park and neighborhood park standards which totaled five (5) acres
per one-thousand (1,000) population. The recreation and parks needs analysis in the
1989 Comprehensive Plan determined that such standards could be satisfied only when
all park resources within the City were considered, including school parks and at least a
portion of County park acreage.
In 2002, the City’s recreation impact fee methodology was evaluated and updated,
through which it was determined that only those parks that are maintained by the City
can be used in determining level of service, and that an impact fee cannot be assessed
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on new development to achieve a level of service standard that was greater than the
level of service existing in the City. In 2011, the recreation impact fee was last reviewed
and updated, which determined that the City’s existing park acreage level of service
was approximately 2.5 acres per thousand population.
FI:
From the Urban Land Institute’s 1991 publication A Practitioners Guide
ISCAL MPACT
to Development Impact Fees, “Those communities that want to raise an existing
standard of service must identify the current deficiencies and make provisions to
eliminate those deficiencies by means other than use of impact fees.” All available
sources on the subject of park impact fees emphasize that impact fees must be
consistent with the existing level of park provision/standard in the community.
Therefore, an analysis of the legal limits of impact fees, conducted as early as 1985,
and again as recently as last year by a consultant specializing in impact fees, reinforce
that the City cannot collect impact fees based on standards that exceed the City’s
current park provisions. In order to increase public park acreage above the current
provisions, the City will need to identify funding sources other than impact fees which
can be used to achieve the level of service desired before it can impose those impact
fees on development.
A:
Staff recommends that this issue be discussed in the context of a
LTERNATIVES
Strategic Plan action item, should Commission determine a fiscal analysis of the impact
to increase the level of service standard for Park land be considered.
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13. A
LEGAL
June 3, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
June 3, 2014
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO.14-003 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve amendments to the Comprehensive Plan
Future Land Use, Transportation, Coastal Management, Public School Facilities and
Intergovernmental Coordination Elements. Applicant: City-initiated.
R:
SI1.5, 1.7 and 2.3, involving updates of redevelopment
EFERENCE
TRATEGIC NITIATIVES
plans for the Federal Highway Corridor and Ocean Avenue Overlay District, and
amendments intended to preserve commercial and industrial land for development.
ER:
The proposed text amendments to the Comprehensive Plan
XPLANATION OF EQUEST
Future Land Use, Transportation, Housing, Coastal Management, Public School
Facilities and Intergovernmental Coordination Elements would:
Support economic development through preservation and expansion of
industrial/commercial land for uses that provide employment opportunities and
diversify the City’s tax base;
Guide development in the future Downtown Transit-Oriented Development District
around the planned station for the Tri-Rail Coastal Link commuter service;
Incorporate the City’s Historic Preservation Program; and
Address legal requirements, unnecessary restrictions, omissions, and
inconsistencies between the Comprehensive Plan and the Land Development
Regulations.
The proposed amendments were approved for transmittal to the Department of Economic
Opportunity (DEO) and selected other state and local agencies for review on February 18, 2014. In
response to the review comments from DEO as well as comments provided by the Department of
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Transportation, staff has made several changes to the subject amendments. However, all the
changes are editorial in nature, contributing to further clarification and readability of the text. No
substantial changes are proposed.
Staff recommends that the subject request be approved.
H?
The proposed amendments are
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
intended to support the City’s Economic Development, Transit-Oriented Development,
and Historic Preservation initiatives.
FI:
N/A
ISCAL MPACT
A:
No alternatives recommended
LTERNATIVES
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ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA ADOPTING THE TEXT AMENDMENTS
TO THE COMPREHENSIVE PLAN PERTAINING TO FUTURE LAND
USE, TRANSPORTATION, COASTAL MANAGEMENT, PUBLIC
SCHOOL FACILITIES AND INTERGOVENMENTAL COORDINATION
ELEMENTS; APPROVING THE TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS
, the proposed text amendments would support economic development
through preservation and expansion of industrial/commercial land for uses that provide
employment opportunities and diversify the City’s tax base; guide development in the future
Downtown Transit-Oriented Development District around the planned station for the Tri-Rail
Coastal Link commuter service; incorporate the City’s Historic Preservation Program and
address legal requirements, unnecessary restrictions, omissions and inconsistencies between the
Comprehensive Plan and the Land Development Regulations; and
WHEREAS,
these amendments will also support the City’s Economic Development,
Transit-Oriented Development and Historic Preservation initiatives.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
adopts the Text Amendments to the Comprehensive Plan pertaining to Future Land Use,
Transportation, Coastal Management, Public School Facilities and Intergovernmental
Coordination Elements, a copy of which is attached hereto as Exhibit “A”.
Section 3.
The City Commission hereby approves the transmittal of the amendments
to the Comprehensive Plan to the Florida Department of Economic Opportunity for review.
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Section 4.
All laws and ordinances in conflict with any provisions of this ordinance
are hereby repealed.
Section 5.
Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance.
Section 7.
The effective date of this plan amendment, if the amendment is not timely
challenged, shall be 31 days after the state land planning agency notifies the local government
that the plan amendment package is complete. If timely challenged, this amendment shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance. No development
orders, development permits, or land uses dependent on this amendment may be issued or
commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status, a copy of which resolution shall be sent to the state
land planning agency.
FIRST READING this ____ day of ______________, 2014.
SECOND, FINAL READING AND PASSAGE this ____ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
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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
June 3, 2014
COBB
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June 3, 2014
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-007 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - 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. 2014-007
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
th
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 20 DAY OF May,
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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14. A
FUTURE AGENDA ITEMS
June 3, 2014
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June 3, 2014
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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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14. B
FUTURE AGENDA ITEMS
June 3, 2014
COBB
ITY F OYNTON EACH
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CMD:
April 16, 2014
OMMISSION EETING ATE
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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. C
FUTURE AGENDA ITEMS
June 3, 2014
COBB
ITY F OYNTON EACH
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June 3, 2014
OMMISSION EETING ATE
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ONSENT GENDAEGAL
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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. D
FUTURE AGENDA ITEMS
June 3, 2014
COBB
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CMD:
June 3, 2014
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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. E
FUTURE AGENDA ITEMS
June 3, 2014
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CMD:
June 3, 2014
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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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