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Agenda 12-15-09 Searchable (2) Boynton Beach Boynton Beach The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, DECEMBER 15, 2009 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow Hay Vice Mayor – District II Ron Weiland Commissioner – District I Jose Rodriguez Commissioner – District III Marlene Ross Commissioner – District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). - 2 - 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09- 044 which was adopted on second reading at the December 1, 2009 Commission Meeting. B. Reconsideration of Brownfield Map and area description as Exhibit to Resolution 09- 173. C. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Permission to announce the City's receipt of Computerworld's Premier 100 IT Leaders Award 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. 6. CONSENT AGENDA MATTERS IN THIS SECTION OF THE AGENDA ARE PROPOSED AND RECOMMENDED BY THE CITY MANAGER FOR "CONSENT AGENDA" APPROVAL OF THE ACTION INDICATED IN EACH ITEM, WITH ALL OF THE ACCOMPANYING MATERIAL TO BECOME A PART OF THE PUBLIC RECORD AND SUBJECT TO STAFF COMMENTS. PROPOSED RESOLUTION NO. R09-183 A. -- Award of the "THREE YEAR LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL - 3 - CONCESSION FOR THE OCEANFRONT BEACH PARK". RFP# 008-2730- 10/JA to Oceanside Beach Service, Inc. of North Palm Beach, Florida. Lease payments provided to the City of Boynton Beach for a monthly fee of $2,000.00. PROPOSED RESOLUTION NO. R09-184 B. -- Approve the agreement with the Department of Housing and Urban Development (HUD) for a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052. PROPOSED RESOLUTION NO. R09-185 C. -- Authorize the First Amendment to Temporary Construction Easement (TCE) between Palm Beach County and the City of Boynton Beach in support of the City’s construction of the new regional force main. PROPOSED RESOLUTION NO. R09-186 D. -- Approve Task Order No. U10-03-08 with Brown and Caldwell for the Design, Permitting, Bidding and Construction Phase Services associated with the replacement of a subaqueous force from City lift station no. 102, under the Intracoastal Waterway, in the amount not to exceed $73,817, plus a 5% contingency amount of $3,691, bringing the total approved value to $77,508. E. Approve the purchase of four replacement Central Processing Units (CPU) along with a dispatch server and the purchase of one additional radio console for the dispatch center in the amount of $81,562.16. Funds are to be taken from the department's "12.50 account". F .Approve a donation in the amount of $10,000.00 to the St. John Missionary Baptist Church, Family Life Center. The donation is to come from the Police Department’s Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization is qualified to receive funding as the program provides a drug abuse, drug prevention or safe neighborhood educational component 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve mediated settlement agreement in the case of Southeast Drilling Services vs. City of Boynton Beach. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION. A. Pro-Golf / Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self-storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11.O.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. - 4 - PROPOSED ORDINANCE 09-048 - FIRST READING B. - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09-044. 9. CITY MANAGER’S REPORT A. Approve the purchase of new and replacement vehicles as approved in the FY 2009/10 Budget in the amount of $1,518,144. PROPOSED RESOLUTION NO. R09-187 B. -- Approve a piggy-back of the City of Boca Raton Bid# 2008-087 with Sutphen of Amlin, OH in the amount of: $391,402.98 for a purchase of a Sutphen S-3 Shield Series Pumper. TABLED on 10/20/09 C. - Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire/EMS Services contracts and 2) Water/Sewer charges. D. Proposed Conversion of Current Vehicle Towing Rotation Program to Franchise Agreement Program. PROPOSED RESOLUTION NO. R09-188 E. -- Interlocal Service Boundary Agreement Initiating Resolution with Palm Beach County. PROPOSED RESOLUTION NO. R09-189 F. -- Approve award of Bid #072-2821- 09/JA "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madsen/Barr Corp. of Lake Worth, Florida and Palm Beach Grading of Lake Park, Florida for a two year period with an estimated annual expenditure of $250,000. 10. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject (Tabled to January 2010). to the discretion of the City Commission. 11. NEW BUSINESS None 12. LEGAL PROPOSED ORDINANCE NO. 09-046 -- FIRST READING A. - Approve Ordinance Amending Storm water Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. - 5 - B. Provide policy direction regarding scope of March 2010 referendum question regarding Old High School. 13. UNFINISHED BUSINESS None 14. 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 PAM WELSH (561) 742-6013 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. - 6 - 2. A OTHER December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Request for Reconsideration by Commissioner Marlene EQUESTED CTION BY ITY OMMISSION Ross of Ordinance 09-044 which was adopted on second reading at the December 1, 2009 Commission Meeting. ER: Commissioner Marlene Ross has requested this item be placed on XPLANATION OF EQUEST the agenda for the Commission’s reconsideration. If the motion for Reconsideration passes the second reading of Ordinance 09-044 will be scheduled for the January 5, 2010 City Commission meeting to accommodate re-publication of the Notice of Public Hearing. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Not approve request for Reconsideration. LTERNATIVES - 7 - 2. B OTHER December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Reconsideration of Brownfield Map and area description EQUESTED CTION BY ITY OMMISSION as Exhibit to Resolution 09- 173. ER: Vice Mayor Hay has requested that the City Commission XPLANATION OF EQUEST reconsider the final map and area description of the Brownfield areas as authorized by the City Commission on December 1, 2009 as Resolution 09-173 attached. At the meeting of December 1, 2009 the City Commission authorized a Brownfield area described as follows: 1. All commercial and industrially zoned parcels located within the Boynton Beach CRA boundaries. 2. All property on both sides of Seacrest Boulevard between the southern right of way of the SFWMD C-16 canal and the northern right of way of Boynton Beach Boulevard. Said designation shall extend the depth of one lot aligned on both sides of Seacrest Boulevard. 3. All property on both sides of Martin Luther King Boulevard between the eastern right of way of the Seacrest Boulevard and the western right of way of Federal Highway.. Said designation shall extend the depth of one lot aligned on both sides of Martin Luther King Boulevard. H? This is information and data verification. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Reconsider the Brownfield resolution modifying the designated Brownfield LTERNATIVES area. - 8 - - 9 - - 10 - - 11 - - 12 - 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Permission to announce the City's receipt of EQUESTED CTION BY ITY OMMISSION Computerworld's Premier 100 IT Leaders Award ER: XPLANATION OF EQUEST Computerworld Magazine announced their 2010 Premier 100 IT Leader honorees. Each year, 100 honorees are selected to receive this life-time recognition award, which spotlights national and international business and technology leaders for their exceptional technology leadership, innovative ideas to business challenges, and effectively managed IT strategies. ITS Director Phyllis Koch was named one of this year’s 100 IT Leader honorees. This year, the City’s ITS/GIS Department focused on innovative ways to serve our community and simultaneously decrease operating/capital costs and become more “green”. As examples, the Department previously brought to the Commission requests to join with Palm Beach County IT and the County Schools to: lower our internet connectivity costs by sharing County optical fiber, donate our end-of-life PCs to school refurbishment programs, funnel re-furbished PCS to area not-for-profits, and participate with the County in a Federal funding request to provide Broadband access for our under-served neighborhoods. Computerworld Magazine created The Premier 100 in 2000 to highlight individuals who have had a positive impact on their organization through technology. Each year nominees are invited to complete a survey that addresses a number of topics, including their background and Computerworld experience and their attitude toward risk and innovation. uses their “IT Leader Index”, which is a measurement of how closely an individual matches their definition of the ideal IT Leader, to analyze the survey data. Each year, 100 honorees are selected who manage internal IT organizations, mentor and motivate their IT teams and business colleagues, create a positive work environment, envision innovative solutions to business challenges, and effectively manage and execute IT strategies. - 13 - Computerworld was launched in 1967, and has been the leading source of technology news Computerworld’s and information for IT organizations worldwide. award-winning Web site, bi- weekly publication, focused conference series and custom research forms the hub of the Computerworld world’s largest global IT media network. leads the industry with an online audience of over 2 million unique, monthly visitors and a print audience of over 1 million readers for each issue. The magazine is published 24 times per year. th Computerworld’s This year’s Premier 100 awards were publicly announced in December 7 Computerworld’s magazine. The awards will be presented at annual Premier 100 IT Leaders Conference, being held March 7-9, 2010. - 14 - 5. A ADMINISTRATIVE December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City Advisory Boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST 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 keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES - 15 - Appointment Length of Term To Be Made Board Expiration Date I Weiland Arts Commission Reg 3 yr term to 12/12 II Hay Arts Commission Reg 3 yr term to 12/12 III Rodriguez Arts Commission Alt 1 yr term to 12/10 IV Ross Arts Commission Alt 1 yr term to 12/10 Mayor Taylor Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12 I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/12 II Hay Bldg. Bd. of Adj & Appeals Reg 3 yr term to 12/12 III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 (Tabled 3) IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 IV Ross Cemetery Board Reg 3 yr term to 12/12 Mayor Taylor Cemetery Board Alt 1 yr term to 12/10 Mayor Taylor Code Compliance Board Reg 3 yr term to 12/12 I Weiland Code Compliance Board Reg 3 yr term to 12/12 IV Ross Code Compliance Board Alt 1 yr term to 12/10 II Hay Code Compliance Board Alt 1 yr term to 12/10 IV Ross Community Relations Bd. Reg 3 yr term to 12/12 Mayor Taylor Community Relations Bd. Reg 3 yr term to 12/12 I Weiland Community Relations Bd. Reg 3 yr term to 12/12 II Hay Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) Mayor Taylor Education & Youth Advisory Board Reg 2 yr term to 12/11 I Weiland Education & Youth Advisory Board Reg 2 yr term to 12/11 II Hay Education & Youth Advisory Board Reg 2 yr term to 12/11 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/11 II Hay Education & Youth Advisory Board Alt 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 (Tabled 3) IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/10 (Tabled 3) Mayor Taylor Education & Youth Advisory Board Stu 1 yr term to 12/10 II Hay Employees’ Pension Board Reg 3 yr term to 12/12 III Rodriguez Library Board Reg 3 yr term to 12/12 IV Ross Library Board Reg 3 yr term to 12/12 II Hay Library Board Alt 1 yr term to 12/10 (Tabled 2) Mayor Taylor Library Board Alt 1 yr term to 12/10 (Tabled 3) I Weiland Planning & Development Board Reg 2 yr term to 12/11 II Hay Planning & Development Board Reg 2 yr term to 12/11 III Rodriguez Planning & Development Board Reg 2 yr term to 12/11 IV Ross Planning & Development Board Reg 2 yr term to 12/11 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/10 - 16 - Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Recreation & Parks Board Reg 3 yr term to 12/11 (Tabled 2) I Weiland Recreation & Parks Board Reg 3 yr term to 12/12 II Hay Recreation & Parks Board Reg 3 yr term to 12/12 IV Ross Recreation & Parks Board Alt. 1 yr term to 12/10 (Tabled 2) III Rodriguez Recreation & Parks Board Alt 1 yr term to 12/10 IV Ross Senior Advisory Board Reg 2 yr term to 12/11 Mayor Taylor Senior Advisory Board Reg 2 yr term to 12/11 I Weiland Senior Advisory Board Alt 1 yr term to 12/10 II Hay Senior Advisory Board Alt 1 yr term to 12/10 I Weiland Veterans Adv. Commission Reg 3 yr term to 12/12 II Hay Veterans Adv. Commission Reg 3 yr term to 12/12 III Rodriguez Veterans Adv. Commission Alt 1 yr term to 12/10 IV Ross Veterans Adv. Commission Alt 1 yr term to 12/10 Mayor Taylor Veterans Adv. Commission Alt 1 yr term to 12/10 I Weiland Veterans Adv. Commission Alt 1 yr term to 12/10 - 17 - Last Name First 1 st Choice 2 nd Choice 3 rd Choice Name Barnes Matthew Planning and Dev. Bd Boruck Morris Veterans Commission Brake James Code Compliance Bd Carroll Kathleen Code Compliance Bd Chiste Robert Education & (STUDENT) Youth Adv. Bd. Cook Dana Arts Commission Cregan Katharine Senior Adv. Bd Davenport Donn Arts Commission dela Torre III Jose Education & Planning & Community Youth Adv. Bd Dev. Bd. Relations Bd. Farrington John Veterans Commission Foertsch Leah Arts Commission Planning & Dev. Bd. Frazier Pat Recreation & Senior Adv. Parks Bd. Bd Gavlick Stanley Veterans (Alternate Commission ONLY) Grcevic Sharon Planning & Dev. Community Bd Relations Gresh Thomas Recreation & Parks Bd Guritzky Sanford Bldg. Bd of Adj & Apls Hoban Deborah Library Bd Jones Myra Education & Youth Adv. Bd Killian Candace Planning & Dev. Bd Krabill Thomas Veterans Commission - 18 - Last Name First 1 st Choice 2 nd Choice 3 rd Choice Name Kurtz Richard Bldg. Bd. of Adj Planning & Code & Apls Dev. Bd Compliance Bd LaTour Jamie Code Compliance Bd. McVey Jack Recreation & Parks Bd Moeller Christine Arts Commission Morera Mary Education & Youth Adv. Bd Mura Joyce Community Relations Bd Myott Steve Planning & Dev. Bd North Tiffany Education & Community Recreation & Youth Adv. Bd Relations Bd Parks Bd Pleasanton Valerie Library Orlove William Recreation & Parks Bd Scantlan Don Veterans Commission Stern Phyllis Community Senior Adv. Education & Relations Bd Bd Youth Adv. Bd Taylor Jeannie Library Bd Timm Warren Planning & Dev. Bd Waldman Stephen Education & Youth Adv. Bd Wilkinson Loretta Education 7 Youth Adv. Bd Wolf Halena Arts Commission - 19 - 6. A CONSENT AGENDA December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09-_____ -- Award of EQUESTED CTION BY ITY OMMISSION the "THREE YEAR LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL CONCESSION FOR THE OCEANFRONT BEACH PARK". RFP# 008-2730-10/JA to Oceanside Beach Service, Inc. of North Palm Beach, Florida. Lease payments provided to the City of Boynton Beach for a monthly fee of $2,000.00. ER: On November 4, 2009, Procurement Services opened and XPLANATION OF EQUEST tabulated one (1) proposal for the “THREE YEAR LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL CONCESSION FOR THE OCEANFRONT PARK” from Oceanside Beach Services, Inc of North Palm Beach, Florida. The sole proposal has been reviewed, references were checked and determined by Jody Rivers, Parks Superintendent, to be a responsive proposal and therefore recommends Oceanside Beach Services for the award of the contract. Oceanside Beach Service, Inc. has agreed to provide no more than 37 sets of equipment at a time. The initial term of the three year Lease Agreement is effective from December 16, 2009 to December 15, 2012. The provision of this Agreement allows for three (3) additional one (1) year periods (for a total of six years) with an increase in monthly lease payments per year subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. H? The purpose of this Lease Agreement is to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES raise revenue for the City by offering the opportunity for a vendor (concessionaire) to provide rental beach equipment, such as lounge chairs and umbrellas that in turn will pay the City a lease payment on a monthly basis. - 20 - FI: The Agreement will generate $2,000.00 monthly lease payments for the first ISCAL MPACT three (3) years with an increase each year thereafter for the terms of the Lease Agreement. The monthly lease payments for year four (4) is $2,200.00, year five (5) is $2,400.00, and for year six (6) is $2,500.00. A: The only alternative would be not to have rental beach equipment for the LTERNATIVES patrons and forfeit the revenue to the City of Boynton Beach. - 21 - RESOLUTION R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF THE THREE YEAR LEASE FOR CONCESSIONAIRE FOR BEACH EQUIPMENT RENTAL OPERATIONS AT BOYNTON BEACH OCEANFRONT PARK, RFP #008-2730-10/JA TO OCEANSIDE BEACH SERVICE, INC., OF NORTH PALM BEACH, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND OCEANSIDE BEACH SERVICE, INC., PROVIDING FOR CONCESSIONS OPERATIONS FOR BEACH EQUIPMENT RENTAL AT OCEANFRONT BEACH PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 2009, Procurement Services opened and tabulated one (1) proposal for the “Three Year Lease from Concessionaires for Beach Equipment Rental Concession For the Oceanfront Park”; and WHEREAS , after review and evaluation it has been determined appropriate by staff to recommend award of a three-year Lease for Concession for Beach Equipment Rental operations at Oceanfront Park to Oceanside Beach Services, Inc., of North Palm Beach, Florida whose RFP was determined to be a responsive proposal; and WHEREAS , upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of the “Three Year Lease for Concession Operations for Beach Equipment Rental at Boynton Beach, Oceanfront Park” RFP #008-2730-10/JA to Oceanside Beach Services, Inc., and to authorize the City Manager and City Clerk to execute a Lease Agreement between the City of Boynton Beach and Oceanside Beach Services, Inc. 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, hereby approves the award of the “Three Year Lease for Concession Operations for Beach Equipment Rental at Boynton Beach, Oceanfront Park” RFP #008-2730-10/JA to Oceanside Beach Services, Inc. - 22 - Section 3. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager and City Clerk to execute a three–year Lease Agreement between the City of Boynton Beach and Oceanside Beach Services, Inc., a copy of said lease being attached hereto as Exhibit "A". Section 4. This Resolution will become effective immediately upon passage. - 23 - PASSED AND ADOPTED this ___ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez ______________________________ Commissioner – Marlene Ross ATTEST: _____________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 24 - - 25 - - 26 - - 27 - - 28 - - 29 - - 30 - - 31 - - 32 - - 33 - - 34 - - 35 - - 36 - - 37 - - 38 - - 39 - - 40 - - 41 - - 42 - CONCESSIONAIRE AGREEMENT FOR “THREE YEAR LEASE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL CONCESSION AT OCEANFRONT BEACH PARK” LOCATED AT: 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FL 33435 THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the Oceanside Beach Service, Inc. City”, and , hereinafter referred to as “the Concessionaire”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.PROJECT DESIGNATION. The Concessionaire is retained by the City to perform CONCESSIONAIRE services in connection with the project designated. 2.SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the Recreation and Parks Director or designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Concessionaire to proceed. Concessionaire shall perform all services 10 and provide all work product required pursuant to this agreement by calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4.TERM: Work under this contract shall commence upon the giving of written notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a period of three (3) years, unless sooner terminated as provided in Section 15. Termination. This lease shall be effective December 15, 2009. $ 2,000.00 5. PAYMENT. The Concessionaire shall pay the City a sum of each month for the first thirty six months of the lease agreement. Subsequent payments each month shall be based on Exhibit ‘B’ attached hereto, a lease payment schedule based on proposal from Concessionaire dated November 2, 2009The monthly lease payment for year four (4) is $2,200.00, monthly lease . payment for year five (5) is $2,400.00, and monthly lease payment for year six (6) is $2,500.00. st a. Said payment shall be made and received by the City on or before the 1 day of each and every th month. A late fee of 15% will be charged for payments received after the 5 day of each month. th Any monthly payment not received by the 25 day of each month shall be subject to a 15% late fee and shall be grounds for termination of contract. b. Concessionaire will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Concessionaire will prepare a monthly report to the City and attach copies of the daily tapes of each report. The City will have the right to inspect the books, records and inventories of the Concessionaire at any reasonable time. Monthly st reports shall be due on the 1 day of each month to the Recreation and Parks Director. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. - 43 - d. Security deposit of $1,000.00 made by Concessionaire at time of award will be returned to Concessionaire at the end of the term, without interest, after determination that the Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Recreation and Parks Director. e. The Concessionaire’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Concessionaire in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Concessionaire shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Concessionaire’s endeavors. 7.COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services contemplated by this Agreement, 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. 8. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Concessionaire’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Concessionaire. 9. INSURANCE. The Concessionaire shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the Concessionaire is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Concessionaire nor any employee of Concessionaire shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Concessionaire, or any employee of Concessionaire. 11. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Concessionaire, any fee, - 44 - commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Concessionaire, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Concessionaire. b. In the event of the death of a member, partner or officer of the Concessionaire, or any of its supervisory personnel assigned to the project, the surviving members of the Concessionaire hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Concessionaire and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Fl 33425-0310 Attn: Jody Rivers Notices to Concessionaire shall be sent to the following address: Oceanside Beach Service Inc. P.O .Box 13018 North Palm Beach, Fl 33408 Attn: Michael J. Novatka 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Concessionaire and supersedes all prior - 45 - negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Concessionaire. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH OCEANSIDE BEACH SERVICE, INC. _________________________________ __________________________________ City Manager Concessionaire Attest/Authenticated: __________________________________ Title _________________________________ Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary EXHIBIT “A” Scope of Services - 46 - 6. B CONSENT AGENDA December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09-_____ -- Approve EQUESTED CTION BY ITY OMMISSION the agreement with the Department of Housing and Urban Development (HUD) for a $294,000 Consolidation Appropriation under Economic Development Initative-Special Project B-08-SP-FL-0052, authorizing the City Manager to execute all grant award documents. ER: The City of Boynton Beach Fire Department submitted a XPLANATION OF EQUEST $1,200,000 Community Budget Issue Request in 2007 to develop an 8-acre training/educational facility on the Rolling Green site. In the spring of 2008, the Department of Housing and Urban Development sent a letter of invitation and application package to the City for a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052. Due to the economic forecast, the City was unable to fund the balance and was faced with returning the grant. Further conversations with the grant officer at Department of Housing and Urban Development led to the opportunity to retain the grant and make renovations to the 1913 Schoolhouse Children’s Museum and Learning Center. While the grant award agreement retains the original appropriation language, HUD has approved the Schoolhouse Children’s Museum and Learning Center renovation project since it meets the intent of the original purpose for the appropriation. Regarding the language, “Community Redevelopment Agency”, this refers to the CRA district as the project location in Boynton Beach, Florida. The City of Boynton Beach is the grantee. Renovations may include, but are not limited to replacing the current deteriorating windows with hurricane impact windows and frames, evaluating and making structural repairs, and any other electrical, plumbing, and HVAC improvements necessary to support the continued long term community services from this historic educational building. - 47 - H? The addition of hurricane impact windows OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES is essential to secure the building of interior damage during a hurricane event. Renovations will help ensure the continuation of museum and educational services to the community. FI: The FY2009/2010 CIP has been amended to include the $294,000 expenditure ISCAL MPACT and grant reimbursement following the Commission’s approval to apply for the funding on December 1, 2009. The CIP number is GG1006. The expenditure account number is #302- 4228-573-63.02; the revenue account is #302-0000-331-60-01. A: LTERNATIVES  Not enter into a contract with the Department of Housing and Urban Development and fund the project without grant dollars.  Not renovate the museum - 48 - RESOLUTION NO. R09 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A $294,000.00 CONSOLIDATION APPROPRIATION UNDER ECONOMIC DEVELOPMENT INITIATIVE-SPECIAL PROJECT NO. B-08-SP-FL-0052 EXPENSE TO RENOVATE THE 1913 SCHOOLHOUSE CHILDREN’S MUSEUM AND LEARNING CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been awarded $294,000.00 through a consolidated appropriation to renovate the Schoolhouse Children’s Museum and Learning Center; and WHEREAS , renovations may include, replacing the current deteriorating windows with hurricane impact windows and frames, evaluating and making structural repairs, and any other electrical, plumbing and HVAC improvements necessary; and WHEREAS, upon staff recommendation, the City Commission finds it to be in the best interest of the citizens and residents of the City to approve the execution by the City Manager of the Grant Agreement between the City of Boynton Beach and the Department of Housing and Urban Development for the renovations to the Schoolhouse Children’s Museum and Learning Center in the amount of $294,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City manager to execute the Grant Agreement between the City of Boynton Beach and the Department of Housing and Urban Development for the renovations to the Schoolhouse Children’s - 49 - Museum and Learning Center in the amount of $294,000.00, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – Ronald Weiland ________________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 50 - - 51 - - 52 - - 53 - - 54 - - 55 - - 56 - - 57 - - 58 - - 59 - - 60 - - 61 - - 62 - - 63 - - 64 - - 65 - 6. C CONSENT AGENDA December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09-____ -- Authorize EQUESTED CTION BY ITY OMMISSION the First Amendment to Temporary Construction Easement (TCE) between Palm Beach County and the City of Boynton Beach in support of the City’s construction of the new regional force main. ER: In 2007, the City issued task order U07-20-1 to the Wantman XPLANATION OF EQUEST Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 100% stage, has been permitted by all applicable agencies and bid by the City. The TCE allows the City to access the pipeline corridor for the construction of the force main and it’s components and commits the City to restore the Palm Beach County property in accordance with the Palm Beach County Landscape and Irrigation Plan and to maintain the force main and it’s components. The reason for this updated TCE is to modify the automatic termination dates. When the initial TCE was prepared and executed, the specific start of construction dates were not yet fully known, however now that the project has been bid, the dates have been confirmed and the TCE has been revised by Palm Beach County. H? The TCE with Palm Beach County is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES necessary to allow the City to construct several portions of the new regional force main within Palm Beach County’s Caloosa Park. - 66 - FI: There are no fees associated with the Utility Easement in that Palm Beach ISCAL MPACT County (Parks& Recreation Department) and the City has reached an agreement concerning the cost of the Utility Easement. In exchange for the Utility Easement, the City has provided, at no cost to Palm Beach County, a reclaimed water connection at the Caloosa Park entrance. Additionally, the City’s bid package included a contract pay item to re-landscape the force main corridor within Caloosa Park. The construction contract will be funded from Utilities account: Account Number Project Number Allocation 406-5000-590-96-03 SWR114 100% A: Although there are alternative force main routes available, the one selected is LTERNATIVES the most direct and will provide the City with the most cost effective construction option. Therefore, these agreements with Palm Beach County should be authorized. - 67 - - 68 - - 69 - - 70 - - 71 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, IN SUPPORT OF THE CITY’S CONSTRUCTION OF THE NEW REGIONAL FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , in 2007, the City issued task order U07-20-1 to the Wantman Group for the new regional force main route selection, detail design, permitting and bidding phases of the project; and WHEREAS , in November, 2008, via Resolution 08-131, the City Commission approved an Interlocal Agreement and Temporary Construction Easement between the City of Boynton Beach and Palm Beach County; and WHEREAS , the attached First Amendment to Temporary Construction Easement provides that the rights granted pursuant to the Easement shall expire and the Easement shall automatically terminate upon Grantee’s completion of the Project or July 13, 2011, whichever comes first; and WHEREAS , the City Commission upon recommendation of staff, deems it appropriate to approve and authorize execution by the Mayor and City Clerk of the First Amendment to Temporary Construction Easement between the City of Boynton Beach and Palm Beach County. 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 hereby approves and authorizes the Mayor and City Clerk to execute a First Amendment to Temporary Construction Easement between the City of Boynton Beach and Palm Beach County, in support of the City’s construction of the new regional force main, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. - 72 - PASSED AND ADOPTED this _____ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – Ronald Weiland ____________ ____________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 73 - 6. D CONSENT AGENDA December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED REOSLUTION NO. R09-_____ -- Approve EQUESTED CTION BY ITY OMMISSION Task Order No. U10-03-08 with Brown and Caldwell for the Design, Permitting, Bidding and Construction Phase Services associated with the replacement of a subaqueous force from City lift station no. 102, under the Intracoastal Waterway, in the amount not to exceed $73,817, plus a 5% contingency amount of $3,691, bringing the total approved value to $77,508. ER: On January 22, 2009, a 6-inch diameter force main under the XPLANATION OF EQUEST Intracoastal Waterway was noted to be leaking wastewater, in an area of the waterway between Jaycee Park and the St. Andrews Club. The leak was repaired that same evening, but the repair failed on March 12, 2009, and a new piece of pipe was sleeved into the existing line. Upon further examination of the removed, failed section, the pipe was noted to have experienced significant corrosion. The unusual corrosion of this pipe, installed in approximately 1983, may be due to extremely corrosive soils, or stray electric currents, or both conditions. Whatever the cause, the physical integrity of the remaining pipeline is now doubtful, and it has been decided, after consultation with two regulatory agencies, that the pipeline should be replaced with a new line that is impervious to this type of corrosion. To achieve this, the City is proposing a task order with Brown and Caldwell to design, permit, and assist in the bidding and construction phase of a new High Density Polyethylene (HDPE) pipeline that will be installed via directional drilling under the Intracoastal Waterway. This pipe material is not susceptible to corrosion, and is able to withstand the anticipated design pressure, with a significant safety factor. It will be sized to support a reasonable future density for that portion of the barrier island in the foreseeable future. H? The new HDPE pipeline is expected to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a minimum life of 50 years. Construction of the new line will alleviate concerns regarding - 74 - the integrity of the existing pipeline, and its potential for polluting the Intracoastal Waterway in the event of additional leaks. FI: The cost of this consulting task order, including a 5% contingency for ISCAL MPACT unanticipated changes, is $77,508. This amount is available in the Utilities Renewal and Replacement account. A: LTERNATIVES 1. Replace the pipeline by open cut installation. This method is not as economical as directional drilling. 2. Replace the pipeline by pipe-bursting. This method is not feasible due to the presence of fittings and bends in the existing line. It also would cost more if it were feasible, based upon Departmental experience. Leaving the existing pipeline in place is not an option due to the potential for negative environmental and regulatory impacts. - 75 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. U10-03-08 WITH BROWN AND CALDWELL, FOR THE DESIGN, PERMITTING, BIDDING AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE REPLACEMENT OF A SUBAQUEOUS FORCE FROM CITY LIFT STATION NO 102 IN AN AMOUNT NOT TO EXCEED $73,817.00 PLUS A 5% CONTINGENCY IN THE AMOUNT OF $3,691.00 FOR A TOTAL BUDGET APPROPRIATION OF $77,508.00; AND PROVIDING AN . EFFECTIVE DATE WHEREAS, on January 22, 2009, a 6-inch diameter force main under the Intracoastal Waterway was noted to be leaking wastewater; and WHEREAS , the leak was repaired that same evening but the repair failed again on March 12, 2009; and WHEREAS, the physical integrity of the remaining pipeline is now doubtful and it is necessary to replace the pipeline with a new line that is impervious to the type of corrosion which caused the pipeline to fail; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of Task Order U10-03-08 with Brown and Caldwell, for design, permitting, bidding and construction phase services associated with the replacement of a subaqueous force from City lift station No. 102, under the Intracoastal Waterway in an amount not to exceed $73,817.00, plus a 5% contingency amount of $3,691.00, bringing the total approved value to $77,508.00. 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, authorize and direct the City Manager to execute Task Order U10-03-08 with Brown and - 76 - Caldwell, for design, permitting, bidding and construction phase services associated with the replacement of a subaqueous force from City lift station No. 102, under the Intracoastal Waterway in an amount not to exceed $73,817.00, plus a 5% contingency amount of $3,691.00, bringing the total approved value to $77,508.00, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 77 - - 78 - - 79 - - 80 - - 81 - - 82 - - 83 - - 84 - - 85 - - 86 - - 87 - - 88 - 6. E CONSENT AGENDA December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve the purchase of four replacement Central EQUESTED CTION BY ITY OMMISSION Processing Units (CPU) along with a dispatch server and the purchase of one additional radio console for the dispatch center in the amount of $81,562.16. Funds are to be taken from the department's "12.50 account". ER: Our current radio system was installed in 2000 and is past the end XPLANATION OF EQUEST of its serviceable life. Fortunately, through the rebanding process, the City was able to procure a new fleet of portable transceivers for use by public safety and local government departments. Also, through the rebanding process, much of the system infrastructure is in the process of being replaced and should provide radio service for the next 5 to 7 years. The Motorola consoles, CPU (processing computers), and servers will not be replaced as part of the rebanding process, Nonetheless, these components are also past the end of their serviceable life and should be replaced according to the Motorola Technicians who inspect and service the system. We are also in need of an additional dispatch station to handle tactical and prolonged emergency situations as the call volume and dispatch requirements have increased to the point that a single PD console is no longer adequate. The additional console would also serve as a “spare” in the event one of our consoles is down for repair. The current equipment located in the Communications Center at city hall is the Gold Elite System which will be discontinued for sale by Motorola in November of this year even though the company will continue to service the system and provide parts for at least another 7 years. Our radio system, with the new transceivers, infrastructure and Gold Elite Consoles is compatible with the County system (PBSO, Boynton Beach, Delray Beach, and Boca Raton) and would continue to be compatible even if the County upgrades to a newer Motorola system. - 89 - H? This will enhance the police department’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES ability to process and respond to calls for service. No other city services are affected. FI: The “12.50 account” currently has a balance of $254,844.63 which is money ISCAL MPACT that comes to the department via the county as a result of traffic fine disbursement. The money can only be used by the police department for purposes of “police automation” in accordance with Florida Statute. A: Not to purchase the replacement and additional equipment. LTERNATIVES - 90 - - 91 - - 92 - - 93 - - 94 - - 95 - - 96 - - 97 - - 98 - - 99 - 6. F CONSENT AGENDA December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve a donation in the amount of $10,000.00 to the St. EQUESTED CTION BY ITY OMMISSION John Missonary Babtist Church, Family Life Center. The donation is to come from the Police Department’s Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization is qualified to receive funding as the program provides a drug abuse, drug prevention or safe neighborhood educational component ER: Florida State Statute 932.7055 provides that when a law XPLANATION OF EQUEST enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality. …any local law enforcement agency Florida State Statute 932.7055(5)(c)(3) provides that: that acquires at least $15,000.00 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15% of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. In accordance with this statute, organizations receiving funding will provide an accounting for any monies received H? There is no direct effect on city programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services. FI: The Law Enforcement Trust Fund account currently has a balance of ISCAL MPACT $233,291.59. This donation will count toward the required 15% expenditure, which will be - 100 - charged against account number 691-0000-247-04-25. No adverse affect on departmental operations will result from this donation. A: Not to make the donation to the Family Life Center. LTERNATIVES - 101 - - 102 - 7. A CODE COMPLIANCE & LEGAL SETTLEMENTS December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Approve mediated settlement agreement in the case of EQUESTED CTION BY ITY OMMISSION Southeast Drilling Services vs. City of Boynton Beach. ER: In 2004, the City issued an RFP to expand the East Plant by XPLANATION OF EQUEST constructing two test wells and two production wells and to construct a second aquifer storage and recovery well. SED submitted a bid and was selected as the contractor. On or about April 5, 2005, the City and SED entered into a contract (“Contract”). During the course of this Contract, the City elected to delete some of the original bid items. SED requested additional compensation for the deleted bid items. SED’s request was denied. At the time the deletion occurred, it was estimated that the savings to the City over time for modifying its water production program from the east to the west plant was approximately $35 million. Near the conclusion of the Contract, SED submitted a Request For Equitable Adjustment to compensate for, what SED believed to be equitable compensation for project delays and time extensions, including time related damages, extended field office costs, project management costs, carry costs, compensation for the City’s unilateral removal of work and compensation for additional work performed at the Quantum site. The City and SED were not able to reach an agreement and SED filed suit. In the suit, SED claimed damages of approximately $2.1 million. On November 24, 2009, the parties attended mediation and reached a tentative agreement pending City Commission approval as follows: - 103 - 1. The City shall pay the lump sum of $950,000.00 to Southeast Drilling Services between January 11, 2010 and no later than January 30, 2010. The amount includes release of $56,000.00 previously deducted by the City as liquidated damages. 2. The City shall pay the cost of the mediator. 3. The parties agree not to disparage the other and as a consequence of this settlement on the project, Southeast Drilling shall not be precluded from bidding on future projects with the City. 4. Except as to the remaining obligations, the parties shall release one another from all claims or counterclaims which were asserted or could have been asserted in this matter. 5. The parties each agree to bear their own respective attorney’s fees and costs incurred in this litigation. H? The City has received its revised OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Consumptive Use Permit from the South Florida Water Management District which reflects the policy direction of the City Commission in 2006. The effect of this change was to save the City approximately $35M in deep well construction projects. The work under this contract was partially based on the old water permit that required deep well construction. FI: The funds for this expenditure have been included in the budget. The ISCAL MPACT settlement is less than expected costs if the matter continued in litigation and went to trial. The settlement is a fair level of compensation to the contractor for work completed and for which the contractor incurred expenses. A: Not approve the mediated settlement and proceed to trial on this matter. LTERNATIVES - 104 - 8. A PUBLIC HEARING December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Pro-Golf / Mega Mini (ADAP 09-002), Administrative EQUESTED CTION BY ITY OMMISSION Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self- storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11.O.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. ER: Appeal of administrative determination involving the limitation on XPLANATION OF EQUEST business activities within a self storage establishment as regulated by the M-1 Zoning District, Chapter 2. Zoning Section 11.O.1.c. The Planning and Development Board th reviewed this item on October 27 and on November 24th, and forwards it to the City Commission with a recommendation (by a 4-3 vote) to approve the appeal to allow existing bays to be used by businesses in accordance “with the M-1 zoning district in effect in 1974” (at time of original approval and construction). Staff continues to oppose the appeal, based on the significant evidence that the original approval, including site design and construction, was intended for, and limited to storage/warehouse use. Although the appellant continues to claim that the original approval and construction was intended for business activities consistent with the M-1 zoning district and not limited to storage/warehouse use, no supporting documentation has been provided. Further, the applicant has a false understanding of when the project was approved and built. Subsequent to the Board hearing, staff confirmed the original approval occurred in 1979 (the applicant claims 1974 to be the date of completion). Although, staff has been unable to locate the necessary historic site plan or original files, staff has presented to date substantial evidence necessary to support its position regarding the original approval and intended use (storage/warehouse). This evidence is documented in staff memorandum #PZ 09-002 and #PZ 09-080, and in part, is based on parking calculations, construction characteristics, historic and current building codes, markings on newer site plan documents, minutes from initial site plan approval, Business Tax Records, historic and current zoning regulations, and County Property Appraiser records. - 105 - The most recent finding, which further supports staffs position, includes the minutes from the original site plan approval hearing where the project was described as “400 mini warehouses” in a first phase, and the agent was recorded saying: - “they would be mini-warehouse units varying in size from 5 x 10’ to somewhat larger”; - “local business people using them to store materials” (in describing how a similar project serves businesses in Boca Raton); - “the intent was that any office space would be in conjunction with a storage area” (describing the purpose for individual offices); and - “the parking requirement for dead storage is very low” (stated to describe the general low parking characteristics of the project). Staff acknowledges that errors may have been made in the past processing of a few business applications; however, such historic actions should not be the basis for supporting the appeal. Furthermore, the Commission should clearly understand that the subject property and improvements do not satisfy the requirements of the building codes for business occupancies. The use of the property for many uses allowed in the M-1 zoning district would exacerbate current unsafe conditions and represent a further violation of applicable building codes (the appellant requests that the improvements should also be “grandfathered” along with the use/zoning, and that any physical upgrades would be cost prohibitive). The Commission should also seriously consider the potential negative precedence to be set if the appeal were approved. The City contains several other old storage businesses that could use such action to justify the filing of similar appeals, or to justify similar business activities in non-code compliant conditions. Staff will be prepared to fully explain the statements made herein, including detailed information on current business approvals and current site conditions and citations. H? Approval of appeal could cause an OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES increase in needed site inspections by Building, Business Tax, Code Compliance and Fire personnel, or an increase in needed emergency service actions if unsafe conditions worsen. FI: N/A ISCAL MPACT A: Deny appeal, or denial appeal and direct staff to evaluate regulations and site LTERNATIVES for minimal amendments and modifications to support limited business activity in a code compliant and safe manner. - 106 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-002 TO: Chair and members Planning & Development Board FROM: Maxime Ducoste-A. Zoning and Business Tax Manager THROUGH: Michael Rumpf Planning and Zoning Director DATE: September 15, 2009 RE: Pro-Fit Golf / Mega Mini (ADAP 09-002) Appealing administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a Self-storage facility bay in the M-1 Zoning District (see Exhibit “A”-Location Map) in accordance with Chapter 2. Zoning, Section 11.O.1.c BACKGROUND On July 14, 2009, the city received a letter from Michael Weiner, attorney with the firm of Weiner & Aronson, PA representing a request for an appeal of an administrative decision, which was a zoning st determination made on July 1, 2009 (see Exhibit “B”). More specifically, the letter claims that a business named “Pro-Fit Golf Equipment” should be allowed to operate an assembly, repair, wholesale and distribution use in a self-storage facility bay in the M-1 Zoning District. The proposed use, which involves the assembly, repair and wholesale distribution of golf equipment, is allowed as a manufacturing use within an M-1 district, but is more intense than, and is subject to greater site design standards and higher building codes than self storage uses. The basis for the administrative denial of the use is clearly in accordance with Chapter 2. Zoning, Section 11.O.1.c. Supplemental Regulations (see below). “c. Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premise for the purpose of assigning a legal address in order to obtain a business tax receipt or other governmental permit or license to do business.” Mr. Weiner requests that the subject use be construed as an allowed use within the City’s M-1, Industrial zoning district to the same extent as other industrial uses are permitted in a standard industrial bay. - 107 - Justifications provided to support the request of the Appellant emphasized that all uses in the M-1 district have historically been allowed to operate on the subject property. st On July 1, after conducting the appropriate review, staff replied in writing to the request for zoning approval for the subject use (see Exhibit “C”). Staff denied the request that the subject use be allowed at the proposed location, based on the sound conclusion that the subject use possesses characteristics that are clearly industrial in nature as described by, and not allowed at a self storage use, per Section 11.O.1.c.. The use would be categorized as a wholesale/distribution, manufacturing use and is allowed in all other industrial warehouse spaces in the City’s industrial zoning district. Further, the administrative decision is solely based on the City’s definition of, and regulations for self service storage facilities (mini-warehouse), pursuant to the Supplemental Regulations which sets the parameters for regulating self-storage facilities within the City. The City’s zoning code definition and the supplemental regulations clearly prohibit any type of processing and manufacturing within individual storage bays. In a letter dated July 14, 2009, Mr. Weiner appealed the staff determination thereby requesting that the matter be reviewed by the Planning and Development Board and City Commission (see Exhibit “D”). The City’s Land Development Regulations, Part III, Chapter 1.5, Section 4.1(E)(3) provides for the review of appeals of the decisions of an administrative official, by individuals who may be affected by any decision of an administrative official interpreting any zoning ordinance. The only procedural rule stated in the LDR is that the appeal be made within 30 days from the date of the administrative action. The subject appeal has been filed consistent with this requirement. FINDINGS AND ANALYSIS The staff analysis on which the original determination was based, concentrated on the following: 1.The intent and nature of the M-1 zoning district; 2.The characteristics of a self storage facility (mini-warehouse); and 3.The intent and nature of the Supplemental Regulations for self-storage facilities; Section 8.A of the city’s zoning regulations describes the intent of the M-1 zoning district to “…provide appropriate space for industrial uses, wholesale and distribution and manufacturing uses, located to provide use compatibility to all.”. The M-1 district includes the following uses (paraphrased): Stone cutting and finishing Carwashes* Catering and food services Millwork and truss plants as specified in Section 8.A.2.* Warehouses, Self service storage facilities Bulk or non-bulk wholesale or retail sale of (mini-warehouses) in accordance with solvents and cleaning preparation Section 11.O Machine shops, welding and metalworking Medical or scientific research which shops, tinsmith and sheet metal fabrication involves the use, treatment, storage or processing of human or animal bodies or body parts* Manufacturing, fabrication and processing Service, repair, rebuilding, and storage of of plastic products automobiles, buses, trucks, and other motor vehicles Manufacturing, fabrication and processing Print shops, photographic laboratories of fiberglass Printing, publishing, book-biding, etc Manufacturing of furniture, cabinets and - 108 - wood fixtures Storage, distribution, wholesale of Medical and dental labs chemicals, pesticides and herbicides Chemical cleaning and etching of metal Storage, distribution of building materials Tire recapping Industrial launderers, laundry and dry- cleaning plants (Note: conditional uses are identified with the “*”) Intent and Nature of M-1 Zoning District The above table represents an array of use categories that primarily include manufacturing, assembling, distribution, etc. Furthermore, it should be emphasized that those uses are listed as principal uses in the M-1 district including as an independent principal use, self-service storage facilities. Such uses are directly related to either the manufacturing industry or provide a related and necessary professional service such as that required in connection with the manufacturing, assembling, and distribution of goods. The list above also includes heavy industrial uses that are typically accommodated in the industrial zoning district based on zoning practice, law and compatibility. M-1, Industrial district Under Section 8 A. 1. , numerous uses are identified as being allowed or permitted, and are grouped into 4 categories. The categories are listed as follows: permitted by-right; permitted uses subject to distance requirement; permitted uses which use, handle, store, display, or generate hazardous materials, waste or toxic substances; and conditional uses. Section 8.A.1.c., which defines the permitted uses in the storage, distribution and wholesale subcategory, includes 17 separate use groups. Further, self storage facilities (mini-warehouses) are permitted in the industrial district as a principal use. Contrary to the Appellant’s interpretation, the intent of the code was not to combine all permitted uses of the industrial district under the self-storage facility use, but to distinguish self-storage as an independent, specific use consistent with the uniqueness of the corresponding regulations. Characteristics of Self Storage Use Category It is traditional and typical for uses such as self storage facilities to be located in the industrial district in relative proximity to small business and residences. This use includes distinct limited services such as individual leased bays to persons for dead storage of household goods, personal property or records for commercial businesses. The nature and characteristic of this use category is to provide an alternative means for storing household goods and a commercial storage support service such as record keeping, while excluding any form of manufacturing, fabrication, or processes that are otherwise limited to properly designated sites and buildings in the M-1 district. The subject property was improved with a self storage facility. The design and construction was based upon minimal occupancy and moderate to low hazards present in and around the building. This has been the conclusion from the City’s Building Official, Wayne R. Bergman (see Exhibit “E”) dated September st 1, 2009. According to Mr. Bergman, the Florida Building Code classifies self storage uses as an S-1 use/occupancy group. Over time several units have been occupied by light manufacturing uses (F-1 or F- Existing Buildings 2 use/occupancy groups). These changes trigger several requirements of Chapter 9, of the Florida Building Code. Each individual unit subject to the occupancy change may require fire-rated partition walls, changes to the required means of egress, handicap accessibility, fire protection upgrades, electrical upgrades, mechanical improvements, and proper chemical and hazardous material storage. Pro-Fit Golf Equipment - Assembly, repair, wholesale and distribution as Principal Use - 109 - In contrast, the Pro-Fit Golf Equipment business is a company whose primary business is that of assembly, repair and wholesale distribution of golf equipment. According to the application submitted to the Business Tax Division, the product line consists of golf equipment intended for amateur use. It is understood that the equipment is assembled, manufactured and repaired onsite, in the self-storage bay. Furthermore, the operation consists of using equipment that is typical of light to industrial operations allowed in the M-1 zoning district, but specifically prohibited from operating within a self storage business pursuant to Chapter 2. Zoning, Section 11.O.1.c of the Land Development Regulations. Site Design requirements, characteristics and intensity As stated previously, the subject property was improved with a self storage facility in March 1987 (see Exhibit “F” Approved Site Plan). The design and construction was based, in part, upon minimal occupancy, minimal traffic generation, and remote and limited parking for storage use. The original parking requirement for the self-storage use was based on the total square footage of the facility. The subject property was approved for and included several buildings for a total of 120,000 square feet. As such, the required number of parking spaces for the project is 150. The approved development provided 216 spaces. Currently, the minimum parking requirements for a multi-access self-storage facility is based on a ratio of 1 space per 200 storage bays, plus 1 space per 300 square feet of office space and 2 security spaces. Additionally, it requires 1 space per 5,000 square feet of paved and unpaved outdoor area used for storage. There are a total of 484 bays in the facility, according to the owner, Bill Thomas. As such, the minimum required parking for this project would be 6 spaces. Since the project was approved in 1987, warehouses and other storage facilities, including mini- warehouses and warehouse-industrial complexes were required to provide 1 parking space per 800 square feet of gross floor area, but not less than 2 parking spaces per rental unit of 500 square feet of gross floor area or greater; plus required parking spaces for any other principal uses, including retail and office floor area (see Exhibit “F”, City’s Land Development Regulations - 1981). In contrast, the Appellant’ approach is that 216 of the 484 storage bays are subject to this appeal because those bays have electrical meters and have hinged doors. Using this approach, 216 bays could be used for any uses allowed in the M-1 Zoning District. However, this methodology would require a greater number of parking spaces as each bay would constitute a change in occupancy, warranting a greater need for parking spaces and landscape requirements. Therefore for every storage bay a minimum of 4 parking spaces is required for any nonresidential use as per Chapter 2 Zoning Section 11.H.5 or any parking ratio required by the zoning code. As such, the total minimum parking required for the 216 storage bays would be 864. Staff concludes that the project was originally intended to be used for self-storage (mini-warehouse) for the storage of goods. The layout of the site does not accommodate proper access and drive aisle circulation. Further, patron parking spaces, including ADA required spaces and accessible routes, are not provided and located adjacent to individual bays, as would be required in a conventional warehouse project. Historic approval and response to Appellant statements As stated previously, the subject property was approved for and improved with a self storage facility in March 1987. Subsequent to approval of the original site plan, modifications and expansions were approved. On November 18, 1986, a two-story, 19,000 square foot addition was approved. Further, on st April 21, 1987, two buildings totaling 18,053 square feet were approved. The minutes of both meetings indicate that the new buildings and addition were to be used solely for storage and specialized storage, respectively (see Exhibit “G”). - 110 - As part of the appeal, the appellant provided a list of business approvals and points out the presence of electrical meters, prior business tax receipts, and existence of “man doors”, as evidence that the City acknowledged, and that the property was designed for individual businesses. The list provided by the appellant includes 42 businesses that were processed at different times within a period of approximately 20 years. These approvals were granted in error; an oversight made prior to the consolidation of the Planning & Zoning Division and Occupational Licensing, when zoning reviews were not conducted in close conjunction with the City’s zoning function but by licensing staff with limited familiarity with the City’s Zoning Regulations. Overtime, several of those businesses have discontinued through attrition, and some identified by staff and intentionally not renewed. However, staff is currently aware of, and can confirm a total of three business tax receipts for non-conforming businesses at this location, in addition to the receipt for the self-storage use. With respect to the electrical meters, staff can only confirm the presence of a main electrical room with several Florida Power and Light meters located on the west side of the two-story building. Currently, staff is unaware of any other electrical meters for the self-storage use. In response to the existence of “man doors”, this requirement is related to the Building Code. As stated in Exhibit “G”, Minutes from the Planning & Development Board, March 10, 1987, exit doors are required if the storage space exceeds 200 square feet. The requirement of an exit door is a swinging door or man door. To meet the Building Code requirement relates to egress, the roll up doors were allowed with an access swing door for existing the storage space. General Warehouse/Storage With respect to the current business tax receipt designation of “”, this is a broad designation for business tax purposes, which includes warehouses, self-storage bays, etc. The City’s business tax designation is a comprehensive system which provides a designation or label for the majority of uses. However, the business tax receipt designation or category does not govern allowed uses; the zoning code takes precedence. Further, a warehouse designation does not imply, include, or is not synonymous with manufacturing, assembly, cutting, fabricating, repair, etc. CONCLUSIONS/RECOMMENDATIONS Staff recommends that the appeal be denied, and that the staff determination regarding the denial of using storage bays in Self-storage facilities (mini-warehouses) as allowed in the M-1 Zoning District, as required by Section 11.O.1.c, Supplemental Regulations be upheld. This recommendation is based, in part, on the following: 1.The operation of the subject use, Pro-Fit Golf Equipment, consists of a principal use that is clearly defined and allowed under Section 8.A.1.a of the M-1, Industrial District; 2.Self-storage facilities are allowed as principal uses in the M-1 zoning district. The bays of any self-storage facility are not intended to be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity pursuant to Section 11.O.1.c. ; 3.The use as proposed would exceed the capacity of the site, and clearly be non-compliant with the City’s development standards; 4.The use of self-storage bays for business operation would represent an immeasurable, serious safety hazard and the subject of a dangerous precedence setting action; 5.There are other use provisions within the M-1 zoning district that clearly accommodate the subject use, and many other properties zoned accordingly. - 111 - Lastly, consideration should also be given to an inevitable consequence if this appeal is approved. Such approval could support subsequently-filed similar appeals, and ultimately weaken the definitions and interpretations that differentiate self-storage facilities (mini-warehouses) from other uses that allow manufacturing, assembling and distribution processes. This action could affect use compatibility, availability of land for the intended businesses and present a challenge to meeting the more intensive building code and applicable parking requirements as well as circumvent proper traffic impact review as required by Palm Beach County. Further, if this appeal is approved it would create inequity among small business owners, given that many abide by the respective standards and building codes that the subject business and property owner circumvent. However, should the Commission choose to support the appeal, it should be emphasized that the City’s zoning regulations must be amended, and the project would have to be reviewed and improved accordingly to ensure compliance with all minimum site, building, plumbing, electrical, mechanical, and fire prevention codes. MR/MD Attachments S:\Planning\SHARED\WP\PROJECTS\MEGA MINI STORAGE\Pro-Fit Golf-Mega Mini ADAP 09-002\Staff Report.doc - 112 - - 113 - - 114 - - 115 - - 116 - - 117 - - 118 - - 119 - - 120 - - 121 - - 122 - - 123 - - 124 - - 125 - - 126 - - 127 - - 128 - - 129 - - 130 - - 131 - - 132 - - 133 - - 134 - - 135 - 8. B PUBLIC HEARING December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE 09- FIRST READING - EQUESTED CTION BY ITY OMMISSION Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09-044. ER: Staff memorandum No. 09-068 is attached (less the exhibits which XPLANATION OF EQUEST do not relate to the proposed parking amendments) describe the proposed amendments in association with the changes to the IPUD zoning district (CDRV 09-008). The staff report describes the parking requirements that would correspond with the private marinas and dry storage uses to be accommodated by Ordinance 09-044. The accompanying amendments to Zoning the City’s parking standards affect a separate section of Chapter 2. , and therefore are codified by a separate ordinance. Current parking standards only apply to more intensive and active marinas limited to wet slips intended to accommodate commercial vessels used for drift fishing, sightseeing, diving, or for rent or charter. The proposed changes would accommodate the less-intensive, private marinas with dry storage, wet slips primarily used for temporary storage of boats, and sales showrooms. The proposed changes would insert the following ratios into the City’s parking requirements, as applicable to private marinas that exclude commercial vessels and related businesses: - One (1) parking space per five (5) wet or dry storage slips; and - One (1) parking space per 500 square feet of boat showroom - 136 - The Planning & Development Board reviewed the subject amendments, combined with the th review of the related amendments to the IPUD zoning district, at their October 27 meeting, and forwards them to the Commission with a recommendation of approval. The subject amendments are city-initiated, and are therefore supported by city staff. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Possible benefit to property tax base with the ultimate development of vacant, ISCAL MPACT under-utilized, or inactive property. A: Not approve or approved with changes. LTERNATIVES - 137 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2 “ZONING”, SECTION 11.H.16.e(10) OF THE CITY OF BOYNTON BEACH LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR PARKING REQUIREMENTS FOR MARINAS THAT DO NOT HAVE COMMERCIAL VESSELS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the Development Department has made recommendations to amend the Land Development Regulations to provide for parking requirements for marinas that do not have commercial vessels; and WHEREAS, the City Commission has considered the recommendations and finds that the amendments will be an improvement to the IPUD zoning district and corridor, and provide the ability for non-commercial marinas to provide services to the public. WHEREAS, the City Commission finds that the proposed amendment is in the best interests of the public’s health, safety, and welfare, and provides a mechanism to promoting desirable development activity and growth in the City’s tax base. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. That Chapter 2, “Zoning”, Section 11.H.16.e(10) of the City of Boynton Beach Land Development Regulations is hereby amended to read as follows: (10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, Charter boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. Marinas without commercial vessels: One (1) parking space per five (5) wet or dry storage slips, and one (1) parking space per 500 square feet of boat sales showroom. - 138 - Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach 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. This Ordinance shall become effective immediately. FIRST READING this ___ day of ___________, 2009. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland ______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 139 - DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 09-068 Chair and Members TO: Planning & Development Board Michael W. Rumpf FROM: Director of Planning and Zoning October 13, 2009 DATE: Infill Planned Unit Development (IPUD) Zoning District – RE: Marine-oriented & water-dependent uses (CDRV 09-008) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is proposing interim amendments to the Land Development Regulations (LDR) that correspond with pending Comprehensive Plan text amendments. The intent of the proposed text amendments is to incorporate “surface water” provisions that support greater water access including accommodations for marina uses in the coastal area consistent with the County’s Manatee Protection Plan. The proposed code amendments represent the implementing of land development regulations required by proposed Policies 1.3.1 and 7.11.7. Such amendments incorporate into the Infill Planned Unit Development District (IPUD) use provisions and development standards to guide the addition of certain marine- oriented and water-dependent uses as either mixed-use or limited single-use projects. An excerpt of proposed Policy 1.3.1 reads as follows: The City shall also establish land development regulations that maximize land use compatibility and protect residential neighborhoods from negative impacts of subject uses. The proposed amendments are intended to protect residential neighborhoods from negative impacts through, in part, proper height and setback requirements, appropriate landscaping, and design and operational requirements. BACKGROUND The proposed Comprehensive Plan text amendments were initiated by city staff in July of this year, and approved by the City Commission for transmittal to the Department of Community Affairs (DCA) on st September 1. Said amendments were drafted referencing the general theme of Florida Statutes, Chapter 163.3177(6)(a) to consider manatee protection needs, protection of working waterfronts, public access, and recreation and economic demands within the Comprehensive Plan. Further, the amendments were initiated to support economic development by increasing development options for those properties that are victims of the residential real estate crisis. To encourage both marina and other water-related uses, and particularly to accommodate such uses in a mixed-use setting, the IPUD zoning district was the target of this amendment. The key elements of the proposed Plan and Code amendments include a geographic limitation to those areas identified with the “Preferred” siting category as delineated in Palm Beach County’s Manatee Protection Plan (see proposed Policy 1.3.1), and the proposed development regulations that indicate the new permitted and conditional uses, and design standards intended to maximize the compatibility of - 140 - such facilities within the varying land uses characteristic of the City’s waterfront. Although marinas and other water-dependant uses proposed by these amendments are typically allowed in commercial, recreational or even use-specific zoning districts (i.e. “marina” district), the IPUD zoning district is proposed for this amendment, expanding its role as a mixed-use zoning district for the US-1 corridor, and given the proximity of property currently zoned IPUD to the “Preferred” facility siting designation as adopted in the Manatee Protection Plan. Furthermore, the IPUD zoning district is a planned district, and therefore requires the rezoning process and a master plan as part of its development review. The more thorough review and scrutiny facilitated by the rezoning process is necessary to ensure land use compatibility through the case-by-case application of both objective and subjective design standards. PROPOSED AMENDMENTS The proposed use provisions and development standards are intended to facilitate the integration of selected water dependant uses into that limited portion of the coastline identified with the “Preferred” siting designation. The proposed amendments are attached in their entirety hereto (see Exhibit “A”), with selected portions featured or referenced and explained below. Zoning The proposed land development regulations are to be incorporated into Part 3, Chapter 2. , Infill Planned Unit Development. Section 5.L. With respect to site standards, existing code is to remain unchanged with the exception of two footnotes (as underlined) that 1) add a separate minimum lot size standard for single-use projects; and 2) insert a simple reference for a section containing related Development Standards provisions. Section 3. is proposed with the simple additions as follows (see underlined text): 3. Development standards. Minimum lot area: 1 acre* Maximum lot area: 5 acres Maximum height: 45 feet (lesser height may be required for compatibility with adjacent development) Maximum lot coverage (building): 50% Maximum density: Determined by land use 10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC); or 20 du/ac for lands classified Special High Density Residential Minimum usable open space per dwelling unit: 200 square feet Perimeter setbacks: Shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.** * Single marine-oriented and water dependent uses require a minimum lot area of four (4) acres. ** Also see “4.h.” below for additional requirements. The majority of the proposed changes are concentrated in a new Section 4.g, which contains standards and requirements that could be described under five (5) headings: use provisions; operational provisions; building design standards; landscaping/buffering and parking standards. Use Provisions The use provisions are specifically contained within Section 4(g)(3) and (4) which are indicated below: - 141 - (3) Principal land uses may include boat and yacht clubs, and private or public marinas (see Part III, Chapter 1, Definitions). However major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure. The above noted principal uses, when combined with residential uses, in which the residential component occupies 25% or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (4) The following uses shall be allowed as accessory to one of the principal marine uses described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. The proposed amendment is intended to allow for a range of water-dependent uses with an emphasis on active operations with certain service and other commercial functions being limited to an accessory, and properly regulated role. For example, major boat repairs are not allowed, and sales and minor service functions must occur within an enclosed building to avoid the associated negative aspects such as noise and visual impacts. Operational Provisions The operational standards and provisions are also intended to further minimize noise and visual impacts as well as to promote water quality and conservation. In summary, Section 4(g)(6-10) prohibits any outdoor storage of watercraft; requires post-use servicing to be within the principal building or in an enclosed, or partially enclosed building; requires that pretreatment measures be applied to water used in engine flushing; and promotes the consideration of water recycling or reclamation as part of its service function. Lastly, the operational requirements preclude the use of any outdoor speakers, and restricts the use of equipment that generates noise not typically generated by, and commonly accepted within, a residential neighborhood, to the hours of 8:00 a.m. and 6:00 p.m. The proposed regulations are based, in part, on staff findings from a visit to a modern marina in Deerfield Beach called Marina One. The most noticeable impacts of the operation included sounds generated by the servicing of the boats following use (e.g. engine flushing), and an audible “beeping” sound generated for safety purposes by the heavy boat-lift vehicle while backing up. Design Standards Additional design standards are proposed for application to new marine-oriented and water dependent land uses within the IPUD district. Such standards continue placing the same strong emphasis on land use compatibility as originally written into the IPUD district, with the majority of them specifically intended to optimize residential compatibility, minimize the appearance of bulk and mass, and maximize aesthetic quality. Given the potential size and mass of buildings within a marina or related use, many of the standards are based on the principals of “big box” commercial regulations by precluding large blank walls and the use of minimal materials, and requiring “360 degree architecture”, residential design styles, and the use of both vision (real) glass windows and faux windows. For example, given the possible close proximity to single-family neighborhoods, Section 4.g.11(d) requires large commercial or boat storage buildings to be designed with a residential architectural style and reads as follows: (d) To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential characte, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. - 142 - However, recognizing the importance of flexibility and possible design options, this requirement also allows for an alternative design style which would be reviewed on a case-by-case basis. With respect to the emphasis on avoiding blank walls, Section 4.g.11(b), (d), (e), and (g), all require façade enhancements, whether generally or specifically, and require minimum building materials, muted colors, articulation, repeating patterns, enhanced entrances and real and faux enhancements such as windows, balconies, awnings, and porches. Landscaping Standards Additional landscaping regulations are also proposed, in addition to the screening and buffering requirements currently within the IPUD district. These additional standards are both objective and subjective and require: enhanced landscaping screening and buffering on large projects; landscaping buffer widths and tree sizes to be proportional to the building height; and application of the landscape “barrier” which is the most dense landscaping buffer design as currently defined in the City’s landscaping regulations. The landscape “barrier” is intended to separate land uses with differing intensities. The proposed additional buffering requirements are found in Section 4.g.11(n), (o), (p), and (q). Parking Standards The City’s parking space requirements are within Part III, Chapter 2, Section 11.H.16 of the Land Development Regulations, and Section H.16.e(10) contains the sole parking ratio applicable to marinas; One (1) parking space per boat slip. As this standard is primarily applicable to wet slips and active marinas, and is not sensitive to lower parking requirements of indoor (dry) storage uses as well as other operational components of private marinas, staff proposes to amend and expand Subsection “e(10)” to require the following parking space ratios:  One (1) parking space per five (5) wet or dry storage slips; and  One (1) parking space per 500 square feet of boat showroom. As for the more active and intensive parking users of marinas, requiring at least a 1 per 1 ratio, Subsection “e(11)” of the current regulations will remain unchanged and applies to charter, drift fishing, and sightseeing boats requiring a minimum of one (1) parking space per three (3) seats within a watercraft. Whereas current regulations are tailored more for public, outdoor and/or “working” marinas, the proposed amendments are written to require minimum parking at private marinas containing a combination of principal components such as dry storage, boat sales, and wet slips, and are intended to avoid excessive parking by accounting for operational and use characteristics including accessory components such as meeting or club facilities, supply stores, and office and administrative space. CONCLUSIONS/RECOMMENDATION Currently, marina uses are allowed within the CBD, C-3 and mixed-use zoning districts; however, dry storage, often a typical component of private marinas, is not allowed within the CBD and mixed use districts. As indicated above, the IPUD district is being targeted for this amendment given its intended application along certain segments of the City’s waterfront, its proximity to the “Preferred” facility siting designations as adopted in the County’s Manatee Protection Plan, the opportunity to combine such uses within a mixed-use setting and/or within a planned (master planned) project, and given the opportunity to increase the development or redevelopment potential of properties that have been affected by the residential real estate crisis. Although compatibility with residential neighborhoods continues to be a priority, it should be noted that the land use characteristics along that portion of the shore - 143 - designated for marinas is varied and includes a mix of 2 isolated single-family neighborhoods, townhomes, multi-family projects, two public parks (1 with boat ramps), vacant property and spotted commercial uses along US-1 (see Exhibit “B”). Furthermore, an older marina exists in this vicinity, just north of the City’s boundary and abutting The Peninsula project. With the application of the proposed standards and provisions, including all requirements and reviews necessary to maximize compatibility of land uses, staff promotes the subject amendments as an improvement to the IPUD zoning district and corridor, and mechanism to promoting desirable development activity and growth in the City’s tax base. MR Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-008 Water-dependent uses\Staff report - water related uses in IPUD.doc - 144 - 9. A CITY MANAGER’S REPORT December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Motion to approve the purchase of new and replacement EQUESTED CTION BY ITY OMMISSION vehicles as approved in the FY 2009/10 Budget in the amount of $1,518,144. ER: The Fleet Administrator recommends the annual purchase of sixty XPLANATION OF EQUEST (60) replacement and one (1) new vehicle for City departments as approved in the Fiscal Year 2009/10 budget. Attached is a spreadsheet (Exhibit 1) indicating vendor, number of units ordered and model, department vehicle was ordered for, bid/contract information and amount of each purchase. While the total amount of vehicle purchases is $1,518,144, the total funds approved in the FY 2009/10 budget for new and replacement vehicles are $1,682,543, resulting in a savings of $164,399 in the Fleet Fund. The Public Works Department and Purchasing / Finance Department approve the recommendation to purchase the new and replacement vehicles. The approved Vehicle Replacement Schedule is also attached. H? The sixty (60) replacement vehicles are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES being purchased according to a lifecycle allowing maximum vehicle efficiency that minimizes annual maintenance charged to each of the operating departments. One new small sedan will replace a car allowance in the Public Works Department yielding additional annual savings of $2,095 per year over the ten year life of the vehicle. Significant savings were realized by implementing a “hand-me-down” vehicle program whereby certain vehicles are removed from intensive uses (e.g., Police) and reassigned to a less intensive use such as Inspections. This reduces the number of vehicles that must be purchased this year and results in an approximate savings of $92,312. - 145 - FI: The savings of $164,399 realized in the Fleet Fund over the amount budgeted ISCAL MPACT is due to (a) down sizing replacement vehicles and (b) the “hand-me-down” vehicle program. A: To defer or not purchase selected replacement or new vehicles beyond those LTERNATIVES already deferred in the FY 2009/10 budget cycle. However, deferring purchases will increase departmental maintenance costs as the vehicles increase in their age. - 146 - - 147 - - 148 - - 149 - - 150 - - 151 - - 152 - - 153 - - 154 - 9. B CITY MANAGER’S REPORT December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED REOSLUTION NO. R09-_____ -- Approve EQUESTED CTION BY ITY OMMISSION a piggy-back of the City of Boca Raton Bid# 2008-087 with Sutphen of Amlin, OH in the amount of: $391,402.98 for a purchase of a Sutphen S-3 Shield Series Pumper. ER: The City of Boca Raton complied with Public Contract Bid XPLANATION OF EQUEST requirements equal to or which exceeds Boynton Beach’s requirements. The unit is an addition to the Fire Department Fleet. It was scheduled for purchase last year (FY 2008/09), but was delayed pending the opening of Fire Station #5 and the approval of 6 additional Firefighters. The unit will complete the purchase of apparatus for Fire Station #5 and have a service life of 15 years. . H? This new apparatus will bring the Fire OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Apparatus Fleet up to an adequate level to service five (5) fully functional stations and maintain two (2) reserve units for the purpose of maintenance downtime and repair coverage should any of the fleet require extended “out of service” time. Maintaining the fleet at this level will also ensure additional unit availability in times of heavy call volume. FI: This purchase will complete the fleet plan in support of the five (5) Fire ISCAL MPACT Stations called for in the strategic plan and funded through the Fire Assessment Fund with a transfer of funds to the Fleet Fund in FY 2008/09. This purchase in the amount of $391,402.98 takes advantage of $20,000.00 in savings by purchasing prior to January 1, 2010 due to Federal Government engine redesign requirements. The funding source for this purchase is: Account # 501-2516-519-6433. Expenditure: $391,402.98 A: Not purchasing the unit, thus running the fleet short of vehicles to maintain five LTERNATIVES (5) fully functional stations. - 155 - RESOLUTION NO. R-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY- BACKING OF A CITY OF BOCA RATON BID# 2008-087 WITH SUTPHEN OF AMLIN, OHIO, FOR THE PURCHASE OF A SUTPHEN S-3 SHIELD SERIES PUMPER IN THE AMOUNT OF $391,402.98; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boca Raton, Florida complied with Public Contract Bid requirements equal to or which exceeds Boynton Beach’s requirements; and WHEREAS , the Sutphen S-3 Shield Series Pumper was scheduled for purchase last year but was delayed pending the opening of Fire Station #5 but will now complete the purchase or apparatus for Fire Station #5 and have a service life of 15 years; and WHEREAS, based upon staff recommendations, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interest of the citizens and residents of the City to approve a piggy-back of a City of Boca Raton Bid #2008-087 with Sutphen of Amlin, Ohio for the purchase of a Sutphen S-3 Shield Series Pumper in the amount of $391,402.98. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach hereby approves the piggy-back of the City of Boca Raton Bid #2008-087 with Sutphen of Amlin, Ohio for the purchase of a Sutphen S-3 Shield Series Pumper in the amount of $391,402.98. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor - 156 - ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 157 - - 158 - EXCEPTIONS AND CLARIFICATIONS 1. Delivery Date will be 9 to 11 months from receiving an executed contract. A preconstruction conference will take place 90 to 120 days after receiving the contract; the final paint will be approximately 45 days prior to delivery. 2. The truck will be delivered under its own power from Columbus, OH to Boca Raton, FL. 3. Page 20: Item 20, We are providing a map box incorporated into a new center console. 4. Page 25: Item 47, We will not provide a E-7 brake pedal, we are providing a floor mounted brake pedal. 5. Page 28: Item 60: Engine Enclosure: We are providing a new heavy duty formed engine cover instead of Durawear. 6. Page 57: Item 196: SCBA cylinders, We may not be able to fit all six cylinders in the wheelwell, but we will provide storage for any cylinder not able to go into the wheelwell. 7. Page 58: Item 202 Compartmentation: We would like to offer at NO COST an upgrade to the compartments, we will provide a larger body with a 43” wide front compartment, and add 6” of height to all compartments. - 159 - - 160 - - 161 - - 162 - - 163 - - 164 - - 165 - - 166 - Sutphen Corporation Proposal TO THE: DATE: Nov. 25, 2009 Boynton Beach Fire Dept Attn: Deputy Chief Ray Carter 2080 High Ridge Rd Boynton Beach, FL 33426 FOR YOUR REVIEW: We hereby propose and agree to furnish the following fire fighting apparatus upon your acceptance of this proposal: One (or more) Sutphen Heavy Duty Custom Pumper (s) Complete and Delivered Each for the Sum of…………….$ 391,402.98 Apparatus will be manufactured completely in accordance to the following proposal and delivered 5-6 months approximatelyafter approval of contract, subject to delays from all causes beyond our days control. Unless accepted within 45 from this date, the right is reserved to withdraw this proposal. Respectfully submitted, Sutphen Corporation 7000 Columbus-Marysville Road Amlin, Ohio 43002 --------------------------------------------- David Stonitsch South Florida Emergency Vehicles LLC. Sales Representative For The Sutphen Corporation - 167 - PROPOSAL FOR BOYNTON BEACH FIRE RESCUE Boynton Beach, FL For One (1) SUTPHEN CUSTOM HEAVY DUTY RESCUE PUMPER - 168 - 9. C CITY MANAGER’S REPORT December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: TABLED on 10/20/09 - Consider request from the Town of EQUESTED CTION BY ITY OMMISSION Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire/EMS Services contracts and 2) Water/Sewer charges. ER: At the October 20, 2009 Commission meeting Briny Breezes’ XPLANATION OF EQUEST Mayor Roger Bennett made a presentation to the City Commission requesting relief from the current water/sewer rates charged to the Town. The Town of Briny Breezes originally submitted a letter to the City seeking relief from our water/sewer charges and Fire and Police Service contract rates. After discussions with Briny Breezes, City staff provided a response letter to Mayor Bennett. Copies of both letters, along with the 10/20/09 agenda item are attached. During Mayor Bennett’s presentation he indicated that Briny Breezes was very satisfied with our Police and Fire contract services and they were more interested in seeking relief from the 25% surcharge on their water rates. The Commission tabled this item for staff to determine the financial impact of eliminating the surcharge to Briny Breezes. The Town is charged the typical and customary outside-city residential rate for its drinking water. This rate structure includes a base facility charge, calculated on the number of units being served, and a usage charge for the actual gallons consumed. This same rate structure is applied to all customers within the service area, whether they are a single-family home or a community on a master meter, such as Briny Breezes. Outside-city customers are, however, charged an additional 25%, as allowed by State law; the sole exception being the Town of Ocean Ridge which is allowed an Inside-city rate, by virtue of it once being part of the City of Boynton Beach, and also by virtue of the fact that, as part of the separation agreement from the City, Ocean Ridge assumed the ownership and maintenance responsibility for its entire - 169 - distribution system. Ocean Ridge therefore possesses some unique features not shared by any other entity in the service area. In reviewing this matter, staff has discovered that in a December 2008 Evaluation and Appraisal Report (E.A.R.), the Town reports having a total of 488 dwelling units. However, since 1994, the City has been billing for only 351 units. The original source for this total unit count is not clearly documented. The earliest record available in the billing archives dates to 1976. Staff estimates the under-billed amount from 2002 to date to be $68,465. Prior to that period the rate structure included a consumption factor and it is difficult to determine the exact amount that was not billed without a much more detailed analysis of historical records. Under-billing due to faulty unit count Billed units 351 Actual units 488 Difference 137 Outside city # of Total Under- Months Units Rate/BFC billed October 2002-October 2007 60 137 $5.00 $41,100.00 October 2007-October 2008 12 137 $5.50 $9,042.00 October 2008- April 2009 7 137 $6.05 $5,801.95 May 2009 - August 2009 4 137 $13.46 $7,376.08 Sept. 2009 – November 2009 3 137 $12.52 $5,145.72 $68,465.75 TOTAL Based on our current rate structure and corrected unit count, if the City were to maintain the outside-city rate, Briny Breezes’ bill will increase approximately $40,000 per year. If the City were to extend the inside-city rate Briny Breezes’ bill will increase approximately $21,000 per . Please see Exhibit year. Either way, they will not receive a reduction in their water charges A attached. Staff has notified Mayor Bennett of the incorrect billing calculation and the financial impact of what the corrected unit count will be. H? Should the Commission consider OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES eliminating the 25% surcharge there will be no impact on the level of service provided to Briny Breezes. FI: By billing the corrected number of units (488) from this time forward, at the ISCAL MPACT current outside-City rate, the City will increase its revenue for potable water by approximately $40,000 over the revenue obtained in the past 12 months (for 351 units). If, instead, the City extends the in-City rate to the Town, that increased revenue would be only $21,000. A: LTERNATIVES 1) Deny request for relief in all of the aforementioned contracts; 2) Consider a modification to the Town’s request for relief and provide partial relief; Staff Recommendation: 3) Prior to the discovery of the under-billing staff discovered an over-billing on Briny Breezes’ sewer rates and was going to refund the Town $20,832.00. - 170 - However, since discovering the under-billing of approximately $68,465.75 in water charges over the past 15 years, staff recommends the following: a) Do not refund the $20,832 (sewer) b) Do not seek prior under-billed amount for water ($68,000) c) Do maintain current rates – outside-city rate w/ 25% surcharge - 171 - - 172 - - 173 - - 174 - - 175 - - 176 - - 177 - - 178 - - 179 - - 180 - - 181 - - 182 - - 183 - - 184 - - 185 - 9. D CITY MANAGER’S REPORT December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Proposed Conversion of Current VehicleTowing Rotation EQUESTED CTION BY ITY OMMISSION Program to Franchise Agreement Program. ER: On January 6, 2009 the City Commission approved a Tow XPLANATION OF EQUEST Addendum (Exhibit A) which extended our existing towing contracts for one year. The Addendum is due to expire on December 31, 2009. It provided for the towing of Class A City- owned vehicles free of charge and the remaining classes (B, C and D) at reduced rates. The Addendum also adjusted non-City owned vehicle tow rates up to the County rates. Staff seeks direction from the Commission as to whether or not the Commission would like to consider alternative tow models at this time or continue with an additional extension to the Tow Addendum. Staff notified all City registered (Business Tax) tow vendors via letter (Exhibit B) that this item would be on tonite’s agenda for discussion. Last year staff provided a report on a number of options for towing service contracts. The staff tow committee revisited those models and still consider them viable for consideration. Several factors were considered, i.e. the history of our contracts, current market conditions and what other communities are doing. The tow committee is comprised of Scott Blasie, Code Compliance Administrator; Carol Doppler, Purchasing Agent; Steven Weiser, Fleet Administrator; Sgt. Craig Anthony, PD and Lori LaVerriere, Assistant City Manager. Currently: Our existing contract was awarded in 2005 to eight tow companies, all of whom had to be located within the City of Boynton Beach. The contract was a two year contract with a one year extension, expiring in March 2008. The contracts were further extended and the one year Addendum was approved January, 2009. - 186 - Towing services are currently provided on a rotation basis. Non-consent tows (accident vehicles) are rotated on a per call basis by Dispatch. Compliance (code enforcement) tows are rotated monthly and they are administered through the Police Code Compliance division. The following alternatives are available for your consideration: A. Maintain the current contract arrangement which is on a rotation basis. The City Commission may extend the Addendum for one more year. We currently have six tow companies on rotation. This would preclude any new vendors from coming onto the City’s rotation list. B. Solicit an RFP requiring a franchise fee from vendors for the purpose of establishing a “market value” for our towing business and award the contract to the single highest and most responsible bidder. Currently Delray Beach, Pompano Beach and Hollywood have franchise agreements with one vendor. The $163,000 City of Delray Beach receives approx. annually on their contract. Pompano $110,000$115,500 Beach receives approximately annually and Hollywood receives annually. The City of Boca Raton originally advertised for a single franchise and received two responses – one for $180,000 and one for $110,000. They awarded the bid to both vendors at a reduced/negotiated price ($55,000 each – which represents half of the lowest bid). The obvious benefit of seeking a franchise agreement is the potential for a new revenue source for the City as well as the potential of reduced contract administration costs. A disadvantage of a franchise is that larger companies would be in a better position to compete. C. Seek proposals from vendors (franchise fee) and consider awarding to the top two or three bidders(non-exclusive). This is what Boca Raton ended up doing because they only received two responses to their bid request. An average of the top two or three proposals can be taken and the contract be awarded accordingly, with both or all vendors paying the same fee. When staff sought input from City tow vendors last year several vendors indicated they prefer the contract be awarded to a limited number of vendors (perhaps two or three at most). D. Structure an RFP to obtain franchise fees from vendors with a minimum bid outlined in the proposal. For instance, the City of West Palm Beach has this type of contract. Two vendors pay $15,000 each annually (a higher minimum can be established – i.e. $20-$25K). This option may draw increased participation because the minimum bid statement wouldn’t be prohibitive for the smaller tow companies. H? Regardless of the model selected, the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City would continue to contract towing services within the City of Boynton Beach. Specifications and rates may vary depending on Commission policy. FI: Depending on the contract model selected, the City may potentially increase ISCAL MPACT revenues in the form of franchise fees. - 187 - With the issuance of the Tow Addendum, the City has saved approximately $38,177.00 this calendar year (2009) due to Class A City Tows being free of charge and the remaining classes of vehicles (B, C and D) being towed at a reduced rates. Our current tow expenses for fleet tows, storage and non-consent tows for 2009 is $8,643.00, down from $46,820.00 last year (2008). A: LTERNATIVES 1) Staff Recommendation: Due to budgetary constraints staff would be remiss in not identifying a franchise model as a potential revenue source for the City. Staff recommends the Commission consider, at minimum, a non-exclusive franchise model (2-3 vendors awarded a contract) or an exclusive contract model with one vendor. Either way, this would generate revenue for the City. Please note that a franchise arrangement does not prevent other tow vendors from operating in the City. It primarily means that all City non-consent tows (i.e. accident vehicles) or fleet tows would be directed to the franchisee rather than rotated among several vendors (our current setup). The vendor would pay a fee to the City for this “directed” or guaranteed business. However, this does not prevent the remaining tow vendors from conducting non-City related business within the City. Staff estimates the value of the City’s tow contract to be $250,000 annually (conservative estimate). 2) Secondly, the Commission may consider extending the current Tow Addendum for one additional year and continue with a rotation based model. - 188 - - 189 - - 190 - - 191 - - 192 - - 193 - 9. E CITY MANAGER’S REPORT December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED RESOLUTION NO. R09- _____ -- Interlocal EQUESTED CTION BY ITY OMMISSION Service Boundary Agreement Initiating Resolution with Palm Beach County. ER: This item was tabled from the December 1, 2009 City Commission XPLANATION OF EQUEST agenda to allow an opportunity for a staff presentation. On June 2, 2009 the Commission unanimously approved the initiation of an Interlocal Service Boundary Agreement with Palm Beach County to begin the process of drafting a long-range annexation plan. Adoption of this resolution is the first step in that negotiation process. Copies of the City Commission action from June 2, 2009 are attached to this agenda item. The Florida legislature encourages annexation to improve service provision. Florida Statute creates numerous methods by which properties may be annexed. For the last several years, the City has studied which parcels may be annexed using existing procedures. None of the properties within the City’s future annexation area can be annexed using existing statutory structures. The legislature recognized that annexations must often be strategically planned, rather than implemented in a piecemeal fashion. In 2005, they created the Interlocal Service Boundary Agreement to serve as a long-range strategic annexation plan . This agreement is negotiated between the City and the County and provides valuable tools to facilitate annexation that do not exist without it. The process includes: - 194 -  Identification of area to be considered for annexation;  Review of all service provision considerations by appropriate departments, including transportation, environmental, public safety and fire-rescue; and  Input from stakeholders. This agreement does not require that any particular parcels must be annexed, or that any annexations must occur in a particular time period. It can be written to be implemented over a 20-year period. Its primary purpose is to simplify the process by studying the entire area at one time, rather than parcel-by- parcel. It allows new procedures, and provides new tools not available without it. For example, Palmyra has a water service agreement with an enforceable annexation clause. It meets all statutory requirements to be annexed. However, because its annexation would create an enclave of two parcels, the City is not allowed to enforce the annexation clause. With an ISBA, the City would be permitted to annex Palmyra and address the issue of the enclaves separately. Two cities in Palm Beach County are currently working with Palm Beach County via the ISBA process. Palm Springs completed the process in November 2008 and Greenacres is currently working on their ISBA with Palm Beach County. Palm Beach County staff has recommended that Boynton’s future annexations are best approached in the context of an ISBA to create a long-range plan and simplify its implementation. H ? There will be some staff time required by city OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES departments to provide and analyze data for the plan when negotiations begin. FI: None at this time. ISCAL MPACT A: Postpone drafting of the plan, postpone future annexations and forego the increased LTERNATIVES revenues. Exhibits: 1.Proposed Resolution Initiating Interlocal Service Boundary Agreement (ISBA) Process with Palm Beach County. 2.Map showing boundaries of ISBA Project 3.Minutes of June 2, 2009 City Commission Meeting authorizing ISBA project. 4.Agenda Packet Material from June 2, 2009 further explaining the ISBA Process. - 195 - RESOLUTION NO. 09- A RESOLUTION ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH TO INITIATE THE NEGOTIATION PROCESS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES; PROVIDING THAT THIS RESOLUTION SHALL ACT AS THE REQUIRED INITIATING RESOLUTION UNDER CHAPTER 171.203, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Commission of Boynton Beach deems it to be in the best interest of the City to negotiate an Interlocal Service Boundary Agreement with Palm Beach County for the area described in Exhibit “A” attached hereto and by this reference made a part hereof; and WHEREAS, the City of Boynton Beach desires to annex properties within the Palm Beach County Urban Services Area boundary; and WHEREAS , the area described in Exhibit “A” is within the future annexation area of the City of Boynton Beach as set forth in the Intergovernmental Coordination Element of the City’s Comprehensive Plan; and WHEREAS , Chapter 171, Part II, Florida Statutes, establishes a more flexible process of adjusting municipal boundaries through intergovernmental coordination in planning and service delivery; and WHEREAS, Chapter 171.203(1)(a), Florida Statutes, provides that other municipalities may be invited to also participate in the Interlocal Service Boundary Agreement negotiations and the City of Boynton Beach is aware that the Town of Lantana, the Village of Hypoluxo and the City of Delray Beach may desire to be included in the negotiations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The City of Boynton Beach, Florida hereby agrees to negotiate in good faith with Palm Beach County, in accordance with Chapter 171.203, Florida Statutes, regarding a streamlined - 196 - annexation and land use amendment process for property currently in the unincorporated area of the County as outlined in Exhibit “A”, a copy of which is attached hereto and incorporated herein by reference; and further agrees to address during the negotiations the issues outlined in Section 2 and 3 herein; Section 3. The City of Boynton Beach agrees that negotiations regarding an Interlocal Service Boundary Agreement will address, at a minimum, issues concerning service delivery, fiscal responsibilities, and boundary adjustment as they concern the City’s and the County’s responsibilities for the funding and delivery of the following services: 1. Public safety. 2. Fire, emergency rescue, and medical. 3. Water and wastewater. 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. Section 4 . Negotiations regarding an Interlocal Service Boundary Agreement will also address land use designations within the area outlined in Exhibit “A” and the City’s vision for this area. Section 5. The Town of Lantana, the Village of Hypoluxo, the Town of Ocean Ridge, the Town of Briny Breezes, Village of Golf and the City of Delray Beach are hereby invited to participate in the Interlocal Service Boundary Agreement negotiations. However, per Chapter 171.203(2), Florida Statutes, they must, within sixty (60) days of the effective date of this resolution, adopt a responding resolution in order to participate. Section 6. This resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED this ___ day of _____________, 2009. CITY OF BOYNTON BEACH, FLORIDA __________________________________ Mayor – Jerry Taylor - 197 - __________________________________ Vice Mayor – Woodrow L. Hay __________________________________ Commissioner – Ronald Weiland __________________________________ Commissioner – Jose Rodriguez ATTEST: __________________________________ Commissioner –Marlene Ross ________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 198 - - 199 - - 200 - - 201 - - 202 - - 203 - - 204 - - 205 - - 206 - - 207 - - 208 - - 209 - 9. F CITY MANAGER’S REPORT December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED REOSLUTION NO. R09-_____ -- Motion to EQUESTED CTION BY ITY OMMISSION approve award of Bid #072-2821-09/JA "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madsen/Barr Corp. of Lake Worth, Florida and Palm Beach Grading of Lake Park, Florida for a two year period with an estimated annual expenditure of $250,000.00. ER: On October 7, 2009, Procurement Services received 7 bids for the XPLANATION OF EQUEST City’s "Repairs and Emergency Services for Water Distrubution, Wastewater Collection and Storm Water Utility Systems" Bid #072-2821-09/JA. After review of the bid proposals the Utility Department is recommending awards to the second and third lowest bidders. The second lowest bidder is Palm Beach Grading of Lake Park, Florida and the third lowest bidder is Madsen/Barr Corp. of Lake Worth, Florida. Both contractors supplied and met all of the bid specification requirements and are therefore determined to be the lowest, responsive, responsible bidders. The lowest bidder, KMC Corp. did not meet the necessary bid specification requirements. In statement of bidder’s qualifications, the City asks for experience in performance of similar projects, contracts on hand and largest completed projects. Reasons for determining KMC’s as a non-responsive bid are as follows:  The projects referenced by KMC Corp. were performed by a different company called Coastland Development. This information was confirmed by phone call with the City of West Plam Beach which was referenced several times in the bid submittal for past projects.  Lack of information provided about KMC Corp.’s experience and project history. The information submitted was on an employeee of the company not one of the principals. Information provided in the Bidder’s statement of qualifications is incorrect and misleading. This person was not an employee of KMC Corp at the time of the projects referenced, he was an - 210 - employee of Coastland Development. Lack of information provided about KMC Corp.’s experience and project history.  No information provided in regard to contracts on hand.  Bid values are unusually low and reflect a lack of familiarity with this type of work. Based on these facts the Utility Department is disqualifing this company and considering their bid proposal as non-compliant and non-responsive. H? This bid gives the City security that we OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have qualified contractors contractually associated with the City for our utility repairs and emergencies. FI: Either contractor selected for each repair or emergency will depend on the ISCAL MPACT nature and extent of the repair and their costs associated with completing the project. Funds will be available from the operating budget and the utility reserves in the various disciplines of, water, wastewater and storm water. The Utility Department historically experiences four (4) to six (6) events overall per budget year and estimates the total expenditure of $500,000 during the two year contract period. A: The alternative would involve obtaining quotes for contracting services with a LTERNATIVES reliable contractor each time they are needed. This is a lengthy process, creates higher costs to the City, could take too much time during an emergency event and is not as desirable as a bid. - 211 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AWARDING BID #072- 2821-09/JA “REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS” TO MADSEN/BARR CORP OF LAKE WORTH, FLORIDA AND TO PALM BEACH GRADING OF LAKE PARK, FLORIDA FOR A TWO YEAR PERIOD WITH AN ESTIMATED ANNUAL EXPENDITURE OF $250,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 2009, Procurement Services received seven (7) bids for the City’s “Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems” Bid #072-2821-09/JA.; and WHEREAS, after review of the bid proposals the Utility Department is recommending awards to the second and third lowest bidders which are Palm Beach Grading of Lake Park, Florida and Madsen/Barr Corp. of Lake Worth, Florida, respectively, both of which met all of the bid specification requirements and are therefore determined to be the lowest, responsive, responsible bidders; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of the City’s “Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems” Bid #072-2821-09/JA to Palm Beach Grading of Lake Park, Florida and Madsen/Barr Corp. of Lake Worth, Florida, both of which met all of the bid specification requirements and are therefore determined to be the lowest, responsive, responsible bidders. 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, hereby approves - 212 - the award of Bid #072-2821-09/JA, “Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems” to Palm Beach Grading of Lake Park, Florida and Madsen/Barr Corp. of Lake Worth, Florida. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of December, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 213 - - 214 - - 215 - - 216 - - 217 - - 218 - - 219 - - 220 - - 221 - - 222 - - 223 - - 224 - - 225 - - 226 - - 227 - - 228 - - 229 - - 230 - - 231 - - 232 - - 233 - - 234 - - 235 - - 236 - - 237 - - 238 - - 239 - - 240 - - 241 - - 242 - - 243 - - 244 - - 245 - - 246 - - 247 - - 248 - - 249 - - 250 - - 251 - - 252 - - 253 - - 254 - - 255 - - 256 - - 257 - - 258 - - 259 - - 260 - - 261 - - 262 - - 263 - - 264 - - 265 - - 266 - - 267 - - 268 - - 269 - - 270 - - 271 - - 272 - - 273 - - 274 - - 275 - - 276 - - 277 - - 278 - - 279 - - 280 - - 281 - - 282 - - 283 - - 284 - - 285 - - 286 - - 287 - - 288 - - 289 - - 290 - - 291 - - 292 - - 293 - - 294 - - 295 - - 296 - - 297 - - 298 - - 299 - - 300 - - 301 - - 302 - - 303 - - 304 - - 305 - - 306 - - 307 - - 308 - - 309 - - 310 - - 311 - - 312 - - 313 - - 314 - - 315 - - 316 - - 317 - - 318 - - 319 - - 320 - - 321 - - 322 - - 323 - - 324 - - 325 - - 326 - - 327 - - 328 - - 329 - - 330 - - 331 - - 332 - - 333 - - 334 - - 335 - 12. A LEGAL December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: PROPOSED ORDINANCE NO. 09-046 -- FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. ER: On November 17, 2009 the City Commission accepted a joint XPLANATION OF EQUEST report of the City Attorney, Department of Public Works, and Engineering Division regarding Canal and Waterway Reclamation and Maintenance. Following consideration of the report and comments from the public, the City Commission took the following action: 1. Accepted the findings contained in the report. 2. Found that intrusion of aquatic vegetation in the fresh water canals constitutes a health, safety and welfare concern. 3. Directed City staff to implement a fresh water canal maintenance program funded by a twenty five cent per ERU ($0.25/ERU) monthly storm water utility fee surcharge, but directed a delay in maintenance of private canals until legal access is obtained from adjacent property owners. 4. Directed the City staff to provide analysis and feed back regarding dredging of tidal canals and established a fund for such activity by imposition of a fifty cent per ERU ($0.50/ERU) monthly storm water utility fee surcharge. A separate Ordinance addresses the maintenance of fresh water canals. At the December 1, 2009 City Commission meeting the Commission tabled first reading of the Ordinance and directed staff to provide more information regarding means and methods, costs, and public purpose. Consideration must be given to a number of parameters, each of which require significant analysis beyond that which can be included at this time. For example, the following issues must be carefully factored into creation of a canal dredging policy and program. - 336 - 1. There may be a relationship to dredging of silt in a canal to a public purpose if the siltation is so extensive that other public factors such as water/silt quality are considered. A study would help determine the extent of the various factors. Silt comes from all lands, including those private lands that are assessed the storm water fee. 2. Evaluation of silt origin and depth is a challenging endeavor. It will be necessary to create a canal profile showing original canal excavation limits compared with silt overburden. This will require costly soil. But, the study may be grant eligible, particularly on tidal canals. 3. Dredging/silt removal can be accomplished in several ways, depending upon the depth and sieve analysis (amount of fines) of material to be removed. But, the most important element is the quality of material that is being removed. Any removal will require an environmental assessment of the material to determine the disposal means and methods. The study, referenced herein, can be used to help determine material type and better clarify project costs of disposal. 4. Canal dredging must be done very carefully. Silt does not move inland from the Intracoastal Waterway but silt does move into nooks and crannies, corners, under docks, etc. Boat propellers will move silt around a canal as well. One must carefully remove the silt such that adjacent docks and seawalls are not damaged. 5. It is apparent that a study scope should include canal inventory, topographical surveys and soil borings. From this information, we can develop a long range canal dredging improvement program based upon current silt conditions and anticipated disposal costs. In essence, if we choose to proceed with a canal dredging program, then we must use thoughtful planning in doing so. Jeff Livergood has been in contact with John Duchock of Applied Technology and Management, the engineering firm that conducted the inlet study. ATM believes there may be grant opportunities for dredging related to environmental cleanup and will provide the city with this information. ATM also believes that Florida Inland Navigation District (FIND) grants may be available to fund the portion of the engineering study on tidal canals. Finally, environmental cleanup grants may be available to remove contaminated silt if a study determines that there is “qualified” contamination. ATM has been asked, and is now preparing, a preliminary report that will identify critical components that must be included in the referenced study, as well as a preliminary assessment of study cost based upon the City’s canal inventory. ATM’s report is being prepared and will be made available to the Commission when completed. Whereas Please note that the Ordinance includes in the Fourth clause on page 1 that a finding by the City Commission that “dredging the tidal canals benefits the public interest by improving storm water drainage into the tidal canals; and opening or enhancing the navigability of the tidal canals by the general public.” H? The fees collected will be used to fund a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES tidal canal dredging study and program. - 337 - FI: The adoption of this Ordinance will result in a fifty cent per ERU ($0.50/ERU) ISCAL MPACT monthly increase in storm water utility fees effective January 1, 2010. With respect to an impact study, staff is obtaining a preliminary price quote of a study that will evaluate the sources of siltation and possible impact of dredging on boat docks, seawall as well as developing a regulatory agency check list that must be accomplished prior to a dredging program. Based on the actual number of Equivalent Residential Units billed in FY 2008-09, the following fees are projected through FY 2024-25 (15 years and 9 months) to fund the program for a funding cycle for dredging based on 2009 costs of $5.2 M. Fiscal YearMonthsTotal CommercialMulti-FamilyResidential 2009-109$ 251,000$ 86,900$ 61,300$ 102,800 $ 333,700$ 116,100$ 80,500$ 137,100 2010-1112 $ 4,671,800$ 1,625,400$ 1,127,000$ 1,919,400 2012 to 2025168 $ 5,256,500$ 1,828,400$ 1,268,800$ 2,159,300 Totals189 A: LTERNATIVES 1. Do not initiate a tidal canal dredging study or program, or 2. Limit the scope and coverage of the proposed dredging program; or 3. Delay the effective date of the Ordinance or approval of the Ordinance until the completion of the tidal canal survey. - 338 - ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE VII, SECTION 26-403, TO ADD A NEW SUBSECTION (i) TO PROVIDE FOR A FIFTY CENT ($0.50) SURCHARGE TO THE MONTHLY CHARGE PER EQUIVALENT RESIDENTIAL UNIT (ERU) COMMENCING JANUARY 1, 2010 TO FUND A TIDAL CANAL DREDGING PROGRAM; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , Chapter 26, Article VII of the City of Boynton Beach Code of Ordinances currently provides for the imposition of stormwater fees in the amount of $5.00 per ERU per month, upon all improved properties within the City; and WHEREAS , the City Commission, has deemed it appropriate and in the best interests of the citizens and residents of the City to impose a fifty cent ($0.50) per ERU per month surcharge for the funding of a tidal canal dredging program; and WHEREAS , the City Commission has directed the City administration to undertake a tidal canal survey to determine means and methods for dredging, identify the cost of a tidal canal dredging program, and, WHEREAS , the City Commission finds that dredging the tidal canals benefits the public interest by improving stormwater drainage into the tidal canals; and opening or enhancing the navigability of the tidal canals by the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. That Chapter 26, Article VIII, Section 26-403 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 26-403. Schedule of rates. ... - 339 - Formatted: Justified (i) Commencing January 1, 2010 a fifty cent ($0.50) per ERU per month surcharge shall be Comment [a1]: Consistency collected to fund a tidal canal dredging program. Expenditure of funds is conditioned upon (1) the completion of the canal survey to determine the extent of stormwater silt accumulation in the tidal canals and (2) the dredging requirements to remove the silt. The surcharge funds collected shall be deposited in a separate “Tidal Canal Dredging Account” account in the Stormwater Utility Enterprise Fund. Section 3. Each and every other provision of Chapter 26, 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 are hereby repealed. Formatted: Font: 12 pt Section 5. Should any section or provision of this Ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby granted to codify said Ordinance. Section 7. This Ordinance shall become effective during the first full billing cycle after the adoption of the Ordinance on Second Reading. FIRST READING this ____ day of December, 2009. - 340 - SECOND, FINAL READING AND PASSAGE this ________ day of _______________, 2009. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland _____________________________ Commissioner – Jose Rodriguez _____________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) - 341 - 12. B LEGAL December 15, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: December 15, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO CA L ATURE F ONSENT GENDAEGAL CC&L AI ODE OMPLIANCE EGAL GENDA TEM S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS O O PENINGSTHER RACC: Provide policy direction regarding scope of March 2010 EQUESTED CTION BY ITY OMMISSION referendum question regarding Old High School. ER: The City Clerk has conferred with the Supervisor of Elections who in turn XPLANATION OF EQUEST has advised that the deadline for the City to submit a referendum question for the March 2010 election is February 5, 2010. To meet that deadline the City Commission will have to conclude formal adoption of the referendum question no later than the second regular commission meeting in January, to-wit: January 19, 2010. Staff is proceeding on the assumption that the referendum question will be in a form that asks the electors to approve or disapprove the issuance of General Obligation Bonds to finance the restoration of the Old High School. Therefore, it is contemplated that the question which will appear on the ballot will be substantially as follows: Section ____: The Ballot Title shall be as follows: CITY TO ISSUE GENERAL OBLIGATION BONDS FOR RESTORATION AND PRESERVATION OF THE OLD HIGH SCHOOL Section ____: The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida at the March, 2010, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: SHALL BONDS OF BOYNTON BEACH IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $5,400,000 BE ISSUED UNDER RESOLUTION NO R10-_____, WITH A MATURITY NOT EXCEEDING 20 YEARS FROM THEIR DATE, AS DETERMINED BY THE CITY COMMISSION, BEARING INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM LAWFUL RATE, AS - 342 - DETERMINED AT TIME OF SALE AND PAYABLE FROM UNLIMITED AD VALOREM TAXES, TO PROVIDE FUNDS FOR RESTORATION AND PRESERVATION OF THE OLD HIGH SCHOOL. FOR BONDS AGAINST BONDS _______ _______ The dollar amount in the draft ballot question is based upon the cost estimate of $5,126,682as contained in the 2001 REG Report (include full title and date) of which is attached. In addition, the bond issue cost of 2% of cost or $102,533 is added to the Gonzales cost estimate for a total $5,229,215. To that amount an additional contingency of $170,785 is added for a total anticipated bond issue of $5,400,000. The scope of work for the structure is outlined in the Architectural Report on page 10 of the REG study, on sheet GC-1 and sheet GC-2. H? The issue is being placed before the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES voters to fund refurbishment of the Old High School. FI: The estimated annual debt service for a $5.4 M General Obligation Bond ISCAL MPACT Issue will approximate $ 428,000 per year based on a 20 year general obligation bond issue bearing interest at an annual rate of 5%. The millage impact in 2011 is estimated to approximate 0.1300 based on very preliminary estimates of a 15% decline in taxable values for the City of Boynton Beach. A: LTERNATIVES 1. Do not authorize the referendum. 2. Fund the improvements from other unspecified sources. 3. Convey the property to a private party or non-profit organization for refurbishment/reuse. - 343 - - 344 - - 345 - - 346 - - 347 - - 348 - - 349 - - 350 - - 351 - - 352 - - 353 - - 354 - - 355 - - 356 - - 357 -