Loading...
Agenda 06-15-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, APRIL 6, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Woodrow Hay Vice Mayor – District II William Orlove Commissioner – District I Steven Holzman 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 of 735 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the upcoming Ocean Avenue Concert. B. Announce the musical performance, "A Tribute to Neil Diamond Featuring Neil Zirconia - The Ultimate Faux Diamond. C. Present a Proclamation for Arbor Day - April 28, 2010. D. Present a Proclamation for Water Conservation Month -- April, 2010. E. Present a Proclamation for Water Reuse Week -- May 10-16, 2010 F. Present a Proclamation to the Boynton Beach Police Department Communications Section commemorating National Telecommunicator's Week -- April 11-17, 2010. G. Present a Proclamation celebrating National Library Week -- April 11-17, 2010. H. Present a Proclamation celebrating Earth Day on April 22, 2009 and Earth Week April 19-25, 2010. I. Announce the Palm Beach International Film Festival outdoor screening 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the d iscretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 of 735 5. ADMINISTRATIVE A. Accept the resignation of Jeff Lis, a regular member of the Planning and Development Board. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. PROPOSED RESOLUTION NO. R10-033 C. -- Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. PROPOSED RESOLUTION NO. R10-034 D. -- Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. PROPOSED RESOLUTION NO. R10-035 E. -- Appoint a City Commission representative and appoint all City Commission members and the City Manager as alternate representatives to the Palm Beach County League of Cities. PROPOSED RESOLUTION NO. R10-036 F. -- Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meetings held on March 2, 2010 and March 16, 2010. B. Accept the Budget Status Report of the General Fund and the Utility Fund Revenues and Expenditures for the five (5) month period ended February 28, 2010. PROPOSED RESOLUTION R10-037 C. -- Adopt the Palm Beach County Unified Local Mitigation Strategy (LMS) Plan. PROPOSED RESOLUTION NO. R10-038 D. -- Approve an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for FY 2010-2011 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,000 should they become necessary. PROPOSED RESOLUTION No. R10-039 E. -- Approve the Non-Profit Developer Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith- Based Community Development Corporation, together with (2) R. M. Lee Community Development Center, Inc. (CDCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization Program (NSP). 4 of 735 PROPOSED RESOLUTION NO. R10-040 F. -- Ratify the SEIU Florida Public Services Union White Collar FY 2009/2010 Collective Bargaining Agreement. PROPOSED RESOLUTION NO. R10-041 G. -- Ratify the SEIU Florida Public Services Union Blue Collar FY 2009/2010 Collective Bargaining Agreement. PROPOSED RESOLUTION NO. R10-042 H. -- Approve Addendum #1 to Lease Agreement between the City of Boynton Beach and the Boynton Beach Child Care Center, Inc. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve the First Reading of an ordinance abandoning a portion of SE 1st Avenue between SE 4th Street and the FEC Railroad. (The expeditious placement of this item before the Commission will allow for the concurrent review of Second Reading and the corresponding site plan application on April 20, 2010) (1st READING PROPOSED ORDINANCE 10-007) 10. CITY MANAGER’S REPORT A. Accept the final report from the Green Community Alliance as an informational item. B. Accept report and presentation from CDM for the City of Boynton Beach Greenhouse Gas Emission Inventory. C. Authorize staff to prepare ordinance or resolution to create a financial advisory committee to assist with budget and financial stability recommendations. 11. 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 to the discretion of the City Commission. (Tabled to April 20, 2010) 5 of 735 B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 20, 2010) C. Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (Tabled to April 20, 2010) D. Boynton Vista II, SPTE 10-004, located at 419 South Circle Drive. Request approval for a one (1) year site plan time extension for major site plan modification (MSPM 07- 004) approved on May 20, 2008, from November 20, 2009 to November 20, 2010. (Tabled to April 20, 2010) E. Consideration of a MOU with the SEIU FPSU White Collar bargaining unit requiring monetary benefits paid to bargaining unit members under the status quo since 10/1/ 09 until current will not be recouped by payroll adjustment deduction. (April 20, 2010) F. CRA Agreement to Fund Museum Renovations: The Department of Housing and Urban Development has awarded the Boynton Beach Community Redevelopment Agency (CRA) a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052. The Boynton Beach CRA will use these funds to help the City make renovations to the 1913 Schoolhouse Children’s Museum and Learning Center. (April 20, 2010) G. Review of City of Boynton Beach Climate Action Plan First Draft: Consultant CDM will give presentation on first draft of the comprehensive Climate Action Plan to advance the city's energy conservation and sustainability goals. (April 20, 2010) H. Capital Improvement Status Report - Initial City Commission review of 2010-2011 Capital Improvement Budget (General and Utilities) and Five-Year Capital (TBA) Improvement Plan. I. Police Complex – Discussion of project timing, scope, location and funding (TBA) alternatives available. 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations intended to appropriately group and regulate uses categorized under the heading “Indoor Athletic Instruction/Training”, to maximize the consistent and uniform treatment within the M-1 and PID zoning districts, and provide staff with desired direction. 13. LEGAL None 14. UNFINISHED BUSINESS None 6 of 735 15. 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. 7 of 735 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the upcoming Ocean Avenue Concert. EQUESTED CTION BY ITY OMMISSION ER: Friday, April 16, 2010 On , the Boynton Beach CRA, the City of XPLANATION OF EQUEST Boynton Beach and The Palm Beach Post will present an Ocean Avenue Concert, featuring CRICKLEWOOD . This FREE concert will take place from 6:00 to 9:00 at the Amphitheatre PM PM next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs and be prepared to dance the night away. Parking is available nearby, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 8 of 735 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the musical performance, "A Tribute to Neil EQUESTED CTION BY ITY OMMISSION Diamond Featuring Neil Zirconia - The Ultimate Faux Diamond. ER: The Boynton Beach Recreation and Parks Department is XPLANATION OF EQUEST presenting a sparkling performance by Neil Zirconia - The Ultimate Faux Diamond. The performance will take your breath away when Neil Zirconia takes the stage of the Boynton Beach Civic Center and dazzles listeners with the performance and songs of Neil Diamond. This event takes place on Wednesday, April 17 at 7:00 p.m. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The fee is $15.00 in advance and $20.00 at the door. The event is co- ISCAL MPACT sponsored by Humana Market/Point and the Boynton Beach Civic and Senior Centers. Proceeds benefit the Boynton Beach Recreation and Parks Department senior programs. Tickets can be purchased at the Boynton Beach Civic Center, the Senior Center or the Intracoastal Park clubhouse. A: LTERNATIVES 9 of 735 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a Proclamation for Arbor Day - April 28, 2010. EQUESTED CTION BY ITY OMMISSION ER: The idea for Arbor Day originally came from Nebraska. On XPLANATION OF EQUEST January 4, 1872, J. Sterling Morton first proposed a tree-planting holiday to be called “Arbor Day” at a meeting of the State Board of Agriculture. The date was set for April 10, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that day. It was estimated that more than one million trees were planted in Nebraska on the first Arbor Day. During the 1870’s, other states passed legislation to observe Arbor Day and the tradition began in schools nationwide in 1882. National Arbor Day is celebrated on the last Friday in April. On April 28, 2010 at 9:00 a.m. City staff along with the school children from St. Marks will be planting various trees at Jaycee Park to celebrate Arbor Day. It has been a tradition for the City to celebrate Arbor Day. This Proclamation is an important element in commemorating the day. H? Proclamation will heighten public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the importance of planting and maintaining trees. FI: Seven (7) Gumbo Limbo Trees, Three (3) Pidgeon Plum Trees, Three (3) ISCAL MPACT Strangler Fig Trees, and Ten (10) Sabal Palms will be planted by school children and contractor. Cost: $4,185 from Parks Account #302-4299-580-63-10, Project CP0632 A: Not approve Proclamation LTERNATIVES 10 of 735 11 of 735 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a Proclamation for Water Conservation Month -- EQUESTED CTION BY ITY OMMISSION April, 2010. ER: Ten years ago, the Florida Section of American Water Works XPLANATION OF EQUEST Association declared the month of April as Water Conservation Month. The state has experienced tremendous growth in population and tourism and typically experiences drought- like conditions during the spring of the year. Therefore, April was set aside to educate citizens about how they can help save Florida’s precious water resources. This Proclamation was requested by the South Florida Water Management district. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness for the need for water conservation. FI: None ISCAL MPACT A: Not present Proclamation. LTERNATIVES 12 of 735 Proclamation Water Conservation Month WHEREAS, Florida’s natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida’s environment, economy and quality of life; and WHEREAS, more than 90 percent of Florida’s drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, South Florida residents consume 179 gallons per person, per day – the highest water usage in the state; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved, while the cost of constructing alternative water supply facilities can range from $5 to $7 per 1,000 gallons of water created; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida’s water resources; WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida’s Water Conservation Month to encourage Floridians to conserve the state’s precious water resources; Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of April 2010 as: Water Conservation Month and urge all citizens to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand Ten. 13 of 735 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a Proclamation for Water Reuse Week -- May 10- EQUESTED CTION BY ITY OMMISSION 16, 2010 ER: Water reuse is critical for South Florida to maintain both a vibrant XPLANATION OF EQUEST natural environment and viable public water supply. Given the lingering impacts of a severe multi-year water shortage, it is more important than ever for communities to be reminded that conservation and reuse can ease the pain of water shortage and help protect vital water resources for the environment and future generations of South Floridians. The South Florida Water Management District has requested this Proclamation. The District’s goal is to have the largest number of Water Conservation Month and Water Reuse Week proclamations in the State, which they will present to the governor at a special ceremony during the April Cabinet meeting. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the role of reused water in helping to conserve potable water. FI: None ISCAL MPACT A: Not present Proclamation. LTERNATIVES 14 of 735 Proclamation Water Reuse WHEREAS, safe, clean, and sustainable water resources are essential to Florida’s environment, economy, citizens and visitors; and WHEREAS, Florida’s water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida’s precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida’s permitted reuse capacity exceeds 1.4 billion gallons per day (over 58 percent of Florida’s total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, the City of Boynton Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Boynton Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water; Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 10-16, 2010, as: Water Reuse Week and urge each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, Two Thousand Ten. 15 of 735 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a Proclamation to the Boynton Beach Police EQUESTED CTION BY ITY OMMISSION Department Communications Section commemorating National Telecommunicator's Week -- April 11- 17, 2010. ER: Public safety dispatchers are the first and most critical contact our XPLANATION OF EQUEST citizens have with emergency services. They provide the vital link to our police officers and firefighter paramedics and coordinate the response of emergency service personnel to critical incident scenes throughout the city. Our telecommunicators have displayed professionalism, compassion and understanding in dealing with the many citizens who call in acute distress and have contributed substantially to apprehension of criminals, suppression of fires and treatment of medical patients. Our police officers and firefighter paramedics rely on the accuracy of the information they receive from our telecommunicators in order to safely respond and provide services. It is appropriate to honor the work of our telecommunicators with a resolution from the city commission. H? Increased morale in our Communications OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section. FI: None. ISCAL MPACT A: None. LTERNATIVES 16 of 735 NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK thth APRIL 11 – 17, 2010 National Telecommunicator's Week April 11 -- 17, 1998 Whereas emergencies can occur at anytime that require police, fire or emergency medical services; And Whereas when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; And Whereas the safety of our police officers, and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Boynton Beach Emergency Communications Center; And Whereas Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; And Whereas Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; And Whereas Public Safety Dispatchers of the Boynton Beach Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; And Whereas each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Therefore Be It Resolved that the City Council of Boynton Beach proclaims the week of April 11th through 17th, 2010 to be National Telecommunicator's Week in Boynton Beach, in honor of the men and women whose diligence and professionalism keep our city and citizens safe. Signed this 6th day of April, 2010 Mayor Boynton Beach City Council 17 of 735 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a Proclamation celebrating National Library Week EQUESTED CTION BY ITY OMMISSION -- April 11-17, 2010. ER: National Library Week is held each year throughout the United XPLANATION OF EQUEST States to remind communities that libraries everywhere play a vital role in supporting the quality of life in their communities and to encourage everyone to use their local libraries. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness that our own Boynton Beach City Library is here to serve as a crucial technology hub for people in need of free Web access, computer training, and assistance finding job resources; a place for opportunity, education, self-help and lifelong learning. FI: None ISCAL MPACT A: Not present Proclamation. LTERNATIVES 18 of 735 PROCLAMATION WHEREAS , libraries everywhere play a vital role in supporting the quality of life in their communities; WHEREAS , our nation’s school, academic, public and special libraries make a difference in the lives of millions of Americans, today, more than ever; WHEREAS , librarians are trained professionals, helping people of all ages and backgrounds find and interpret the information they need to live, learn and work in a challenging economy; WHEREAS , libraries serve as crucial technology hubs for people in need of free Web access, computer training, and assistance finding job resources; WHEREAS , libraries are part of the American Dream – places for opportunity, education, self-help and lifelong learning; WHEREAS, library use is up nationwide among all types of library users, continuing a decade-long trend; WHEREAS , libraries, librarians, library workers and supporters across America are celebrating National Library Week; NOW, THEREFORE , I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim April 11-17, 2010 as National Library Week and I encourage all residents to visit the Boynton Beach City Library this week to take advantage of the wonderful library resources available at your library. Communities thrive at your library. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Seal of the City of Boynton th Beach to be affixed at Boynton Beach, Florida, the 6 day of April, 2010. ____________________________________ Jose Rodriguez, Mayor City of Boynton Beach ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 19 of 735 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present a Proclamation celebrating Earth Day on April 22, EQUESTED CTION BY ITY OMMISSION 2009 and Earth Week April 19-25, 2010. ER: The first Earth Day was celebrated on April 22, 1970, with the goal XPLANATION OF EQUEST of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation’s natural resources. April 22, 2010 marks the fortieth anniversary of Earth Day. This unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness about Earth Day and our need to take a proactive role in shaping the future of our environment and protecting our natural resources. FI: None ISCAL MPACT A: Not present Proclamation. LTERNATIVES 20 of 735 P R O C L A M A T I O N Whereas , the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation’s natural resources; and Whereas, April 22, 2010 marks the fortieth anniversary of Earth Day, this unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event; and Whereas , it is the responsibility of each of us to safeguard the environment, by recognizing that all human life depends upon the Earth and upon one another for our mutual existence, well-being and development. We all deserve clean air, clean water and a healthy ecosystem; and Whereas , the steps we can take to protect and preserve our natural environment through education, partnerships and positive actions should be encouraged in the City of Boynton Beach; and Whereas , the citizens of Boynton Beach are committed not only to the protection and preservation of our environment, but also to the restoration of ecosystems and habitat; and Whereas , Boynton Beach citizens, staff and elected officials are working closely with federal, state, and local governments and with non-governmental organizations, to develop and implement regulations and ordinances specifically designed to preserve and improve Boynton Beach’s fragile ecosystems and the quality of life therein; and Whereas , Boynton Beach proudly recognizes all who participate in Earth Day, for their dedication to taking a proactive role in shaping the future of our environment and in protecting Boynton Beach’s precious natural resources. Now therefore , I, Jose Rodriguez, Mayor of the City of Boynton by virtue of the authority vested in me as Beach, FL do hereby proclaim the week of April 19, 2010, as EARTH WEEK in Boynton Beach and urge all our citizens to be mindful of local state and national laws which protect our environment and to join in efforts to preserve the beauty and wonder of the lands, skies and water of the Earth in all its diversity. In witness whereof , I, have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of April, two thousand and ten. _________________________________ Jose Rodriguez, Mayor ATTEST: City of Boynton Beach ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 21 of 735 3. I ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the Palm Beach International Film Festival EQUESTED CTION BY ITY OMMISSION outdoor screening ER:Sunday, April 25, 2010 On , the Boynton Beach CRA, the City of XPLANATION OF EQUEST Boynton Beach and The Palm Beach International Film Festival will present the only outdoor screening of the festival, featuring the Oscar award winning film CHICAGO rated PG-13. This FREE event will take place from 7:45 to 10:00 at the Ocean Avenue Amphitheatre next PM PM to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please H? Bring residents and visitors to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES downtown area of Boynton Beach. FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: Not to allow the announcement. LTERNATIVES 22 of 735 5. A ADMINISTRATIVE April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Jeff Lis, a regular member of the EQUESTED CTION BY ITY OMMISSION Planning and Development Board. ER: Jeff Lis has submitted an email of resignation stating his reason for XPLANATION OF EQUEST the request. H? The Planning and Development Board will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 23 of 735 24 of 735 5. B ADMINISTRATIVE April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS 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 25 of 735 26 of 735 27 of 735 5. C ADMINISTRATIVE April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-033 -- Appoint a EQUESTED CTION BY ITY OMMISSION City Commission representative and alternate to the Metropolitan Planning Organization. ER: This Regular appointment was filled last year by Jose Rodriguez XPLANATION OF EQUEST and any/all Commissioners served as Alternates. The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is th held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the Government Center. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: The alternative would be to not make an appointment. LTERNATIVES 28 of 735 RESOLUTION NO. R10-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING ________________ AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Metropolitan Planning Organization and appoints _________________________ as alternate representative to the Metropolitan Planning Organization. Section 3. That this Resolution shall become effective immediately upon passage. 29 of 735 PASSED AND ADOPTED this ______ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 30 of 735 5. D ADMINISTRATIVE April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-034 -- Re: EQUESTED CTION BY ITY OMMISSION Appointing a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. ER: The Regular appointment to this Program was filled by Lori XPLANATION OF EQUEST LaVerriere and/or a staff member filled the Alternate position. The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: The alternative to this decision would be to not make an appointment to this LTERNATIVES organization. 31 of 735 RESOLUTION NO. R10-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM AND APPOINTING __________________________ AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Countywide Intergovernmental Coordination Program and appoints _________________________ as alternate representative to the Countywide Intergovernmental Coordination Program. Section 3. That this Resolution shall become effective immediately upon passage. 32 of 735 PASSED AND ADOPTED this ______ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 33 of 735 5. E ADMINISTRATIVE April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-035 -- Appoint a EQUESTED CTION BY ITY OMMISSION City Commission representative and appoint all City Commission members and the City Manager as alternate representatives to the Palm Beach County League of Cities. Attached is a brief synopsis of this organization ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: The alternative to this appointment would be to not make the appointment. LTERNATIVES 34 of 735 RESOLUTION NO. R10-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING ALL CITY COMMISSION MEMBERS, AND THE CITY MANAGER AS ALTERNATE REPRESENTATAIVES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _________________________ as a representative to the League of Cities and appoints any City Commission member and City Manager as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. 35 of 735 PASSED AND ADOPTED this ______ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 36 of 735 Palm Beach County League of Cities The palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate – Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time th frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the Government Center. Representative- Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of rd interest or concern. The meeting is held the 3 Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate – S:\CC\WP\EasyAgenda Items\Description of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program.doc 37 of 735 5. F ADMINISTRATIVE April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-036 -- Appointing a EQUESTED CTION BY ITY OMMISSION City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) ER: The Regular appointment to COBWRA was filled by Commissioner XPLANATION OF EQUEST Ross and any/all Commissioners filled the Alternate appointment. The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the rd meetings to address issues of interest or concern. The meeting is held the 3 Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: The alternative would be to not make an appointment to this association. LTERNATIVES 38 of 735 RESOLUTION NO. R10-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING _________________________________ AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA) and appoints _________________________________ as alternate representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Woodrow L. Hay 39 of 735 ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 40 of 735 6. A CONSENT AGENDA April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes from the City Commission meetings EQUESTED CTION BY ITY OMMISSION held on March 2, 2010 and March 16, 2010. ER: The City Commission met on March 2, 2010 and March 16, 2010 XPLANATION OF EQUEST and minutes were prepared from the notes taken at the meetings by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 41 of 735 42 of 735 43 of 735 44 of 735 45 of 735 46 of 735 47 of 735 48 of 735 49 of 735 50 of 735 51 of 735 52 of 735 53 of 735 54 of 735 55 of 735 56 of 735 57 of 735 58 of 735 59 of 735 60 of 735 61 of 735 62 of 735 63 of 735 64 of 735 65 of 735 66 of 735 67 of 735 68 of 735 69 of 735 70 of 735 71 of 735 72 of 735 73 of 735 74 of 735 6. B CONSENT AGENDA April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the Budget Status Report of the General Fund and EQUESTED CTION BY ITY OMMISSION the Utility Fund Revenues and Expenditures for the five (5) month period ended February 28, 2010. ER: This is the monthly financial report for the period thru February 28, XPLANATION OF EQUEST 2010. As in prior monthly reports, we are summarizing and providing this analysis of actual revenues and expenditures of the City’s General Fund and Utility Fund for the five month period ended February 28, 2010. The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FI: The fiscal impact of the actual budgetary results to date for the General Fund ISCAL MPACT and the Utility Fund follow. GENERAL FUND The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009 budget of $73.9 million. However, in order to balance the budget in FY 2010, it required the following two non-revenue funding sources.  A fund balance appropriation of $3.5 million and 75 of 735  Transfers from other funds of $22.4 million representing 31% of all fund sources. This is an unusually high 36% of our total budget. For the five months (42%) of FY 2010,  Revenues and transfers realized are $40.7 million (56%) of the budget estimate.  Expenditures incurred are $26.2 million (36%) of the annual appropriated budget. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget (*) Amount%Amount%%% Revenues & Transfers$ 72,537$ 40,75056%$ 73,963$ 39,805 54%-2%2% Expenditures$ (72,537)$ (26,205)36%$ (73,963) $ (31,137)42%-2%-16% Excess (Deficit)$ -$ 14,545$ -$ 8,668 (*) The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund to the General Fund for operating expenditures. The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $40.7 million received to date, we are slightly ahead, but generally on track for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 M – Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 20.6 M – We monitor all other revenues closely comparing to last year. 100% - $ 72.5 M – Total funding sources Expenditures (Exhibit B) – General Fund expenditures to date are $26.2 million (36%) of the $72.5 million expenditure appropriation for FY 2010. The current appropriation represents a 2% decrease of $1.4 million compared to FY 2009. The graph at the bottom of Exhibit B displays actual expenditures of $26.2 million are on track with the budget yet below the $31.1 million actual spending levels in FY 2009 for this same period. 76 of 735 UTILITY FUND The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year.  Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit.  Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. For the five months (42%) of FY 2010,  Revenues realized are $14.0 million (42%) of the annual budget estimate.  Expenditures incurred are $12.2 million (37%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1,778 thousand. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 33,034 $ 14,003 42%$ 35,442 $ 14,276 40%-7%-2% Expenditures$ (33,034)$ (12,225)37%$ (35,442)$ (12,991)37%-7%-6% Excess (Deficit)$ -$ 1,778 $ -$ 1,285 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $14.0 million in FY 2010 revenues and fund balance appropriation when compared to same period for FY 2009 results in excess revenues of $1.8 million, note:  Water Sales - $7.0 million = 45% of the annual estimate, compared to $4.8 million at this point in FY 2009. This $2.2 million difference results from water rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009.  Last year in FY 2009, $2.0 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $1.0 million. The May 1, 2009 water and sewer rate increases provided for adequate bond debt service 77 of 735 coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) – Utility Fund expenditures to date are $12.2 million or 37% of the annual appropriation compared to the 42% portion of the current FY 2010 elapsed budget period. Individual percentage variances are noted on Exhibit D noting that all departmental accounts are operating within their budget at this point in the year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. Also, the City Budget team is meeting for the 2010-11 Budget/Five Year Financial Plan. We expect to have preliminary taxable value information from the Palm Beach County Property Appraiser by the end of April. We are projecting a 15% drop in taxable value for 2010. The final numbers are released in late June but because all the municipalities and the county are dependent on property tax revenues, the Property Appraiser has been providing earlier and preliminary data to governmental units. 78 of 735 79 of 735 80 of 735 81 of 735 82 of 735 6. C CONSENT AGENDA April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION R10-037 -- Adopt the Palm EQUESTED CTION BY ITY OMMISSION Beach County Unified Local Mitigation Strategy (LMS) Plan. ER: Section 322 of the Stafford Act, as enacted by the Disaster XPLANATION OF EQUEST Mitigation Act of 2000, was created to establish a national disaster hazard mitigation program to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from disasters, and to assist state, local and Indian tribal governments in implementing effective hazard mitigation measures to ensure the continuation of critical services and facilities after a natural disaster. As a condition for qualifying for and receiving future Federal mitigation assistance funding, state and local governments must have Federal Emergency Management Agency (FEMA) approved hazard mitigation plans in place that identify the natural hazards that could impact their jurisdictions, identify actions and activities to mitigate the effects of those hazards, and establish a coordinated process to implement plans. The purpose of the Palm Beach County Unified Local Mitigation Strategy (LMS) is to develop a unified approach among County and municipal governments for dealing with hazards and for county-wide mitigation planning. The LMS was formally adopted by the county, municipalities, and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part, by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation planning.The LMS was established and continues to operate in accordance with prevailing federal, state and local guidelines and requirements. The plan must be amended every five (5) years, and in 2004 the plan and program were substantially modified to improve operational effectiveness and to comply with new federal guidelines established in response to the Disaster Mitigation Act of 2000. 83 of 735 The LMS assists with reducing the City’s vulnerability to identified natural, technological and societal hazards. The implementation of the LMS program is a City-wide responsibility. Adoption of the LMS assists the City in reducing our Community Rating System (CRS) rating which in turn increases the percentage discount on flood insurance for our residents. Due to our participation in the LMS, the City’s CRS rating has dropped from an ‘8’ to a ‘7’ which corresponds to a 15% discount on flood insurance for residents. Attached is a summary document of the LMS. The document in its entirety (524 pages – 8.02MG) can be viewed at the following website: www.pbcgov.com/publicsafety/emergencymanagement/resources/pdf/2009LMSPlan.pdf H? The City will modify its standard operating OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES procedures to adopt the County-wide LMS program. The City will also pursue available funding opportunities for implementation of proposed mitigation initiatives described in the Plan, and upon receipt of such funding or other necessary resources, seek to implement the actions in accordance with the mitigation strategies set out by the plan. FI: The LMS program will be implemented with current staffing and budget, and ISCAL MPACT staff will research and apply for available grant funding opportunities. A: Not to adopt the LMS would cause the City to lose its voting rights in the future LTERNATIVES planning process and cause the City to be ineligible for future mitigation assistance. 84 of 735 RESOLUTION NO. R10 - 037 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTON BEACH TO APPROVE AND ADOPT THE 2009 REVISED PALM BEACH COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County is susceptible to a variety of natural and man-made disasters; and WHEREAS , the Disaster Mitigation Act of 2000, was enacted to establish a national disaster hazard mitigation program to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from disasters, and to assist state, local and Indian tribal governments in implementing effective hazard mitigation measures to ensure the continuation of critical services and facilities after a natural disaster, and WHEREAS , the Disaster Mitigation Act of 2000, as a condition for qualifying for and receiving future Federal mitigation assistance funding, requires such governments to have Federal Emergency Management Agency approved hazard mitigation plans in place that identify the natural hazards that could impact their jurisdictions, identify actions and activities to mitigate the effects of those hazards, and establish a coordinated process to implement plans; and WHEREAS, Palm Beach County’s Local Mitigation Strategy, in coordination with governmental and non-governmental stakeholders having an interest in reducing the impact of natural disasters, and with input from the private sector and other members of the public, developed and revised the Palm Beach County Unified Local Mitigation Strategy; and WHEREAS , the 2009 revised Unified Local Mitigation Plan has been approved by the Florida Division of Emergency Management and the Federal Emergency Management Agency subject to adoption by the County Board of County Commissioners; and 85 of 735 WHEREAS , the LMS Steering Committee recommends the formal adoption of the 2009 Revised Unified LMS Plan, including planned future enhancements described therein, by the County and all 38 participating municipalities. 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 of Boynton Beach hereby approves and adopts the 2009 Revised Unified Local Mitigation Strategy Plan (attached hereto as Exhibit A) in its entirety, as revised by the LMS and approved by the Palm Beach County Board of County Commissioners, the Florida Division of Emergency Management and the Federal Emergency Management Agency. Section 3. The City of Boynton Beach authorizes the appropriate City of Boynton Beach Officials to pursue available funding opportunities for implementation of proposed mitigation initiatives described in the Plan, and upon receipt of such funding or other necessary resources, seek to implement the actions in accordance with the mitigation strategies set out by the plan. Section 4. The City of Boynton Beach will continue to support and participate in the LMS planning and implementation process as required by FEMA, the Florida Division of Emergency Management, and the Palm Beach County LMS Steering Committee. Section 5. The City Commission directs the City of Boynton Beach Clerk to transmit an original of the executed Resolution to the Palm Beach County Division of Emergency Management, attention LMS Coordinator (712-6481), for filing in the Office of the Clerk and Comptroller. Section 6. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 86 of 735 _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – William Orlove ________________________________ Commissioner – Steve Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 87 of 735 88 of 735 89 of 735 90 of 735 91 of 735 92 of 735 93 of 735 94 of 735 95 of 735 96 of 735 97 of 735 98 of 735 99 of 735 100 of 735 101 of 735 102 of 735 103 of 735 104 of 735 105 of 735 106 of 735 6. D CONSENT AGENDA April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10 -038 -- Approve an EQUESTED CTION BY ITY OMMISSION Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for FY 2010-2011 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,000 should they become necessary. ER: This request is only for the hiring of Government Services Group, XPLANATION OF EQUEST Inc. to assist the City with the Fire Assessment Program and not to make budgetary or Fire Assessment rate decisions. The City does not maintain the technical staff to obtain the property files from the County Property Appraiser’s Office, to provide the required specialized analysis, or to upload the property files with the assessment rates back to the Appraiser’s Office. This is the major need for which the City contracts for external professional services. The following paragraphs provide background to the Fire Assessment Program as a prelude to budgetary considerations for FY 2010-2011, The City originally initiated a seven year Fire Assessment Program in FY 2001-2002 through FY 2007-2008 with a sunset provision in FY 2008-2009 unless continued. At that time, in order to continue the program, it was required to implement a new Fire Assessment Program beginning in FY 2008-2009. The Commission also approved the Program for the current FY 2009-2010. The Fire Assessment can only be developed to cover up to the full costs of the Fire Rescue portion of the total Fire Department. Therefore, the cost determination must exclude Emergency Medical Service (EMS) expenditures of the Fire Department to determine the assessable costs. In turn, the assessable costs must then be allocated to property types 107 of 735 (residential, commercial, industrial/warehouse, institutional, and nursing homes) obtained from the County Property Appraiser based on the percentage of calls to each property type. The range of potential additional services primarily relates to mailing first class letters to (a) newly affected property owners ($325) and (b) all property owners should the rates be raised for the coming year ($40,000). See the “Fiscal Impact” section on the next page to see the potential added revenues raised at alternative Fire Assessment rates. Government Services Group, Inc. (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned for extension beyond those years, we solicited Requests for Proposals. We selected GSG to continue with their service due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City. H? The Fire Assessment has significantly OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES improved fire protection services in the City with the addition of capital facilities and operating and partial support of seven (7) full time fire companies. In total, the response time was reduces to just over four (4) minutes. The added fire stations and fire companies supported with the Fire Assessment are:  Station No. 4 (South Federal Highway) – 3 apparatus bays, 2 full time companies – 8,179 sq. ft. – Operational – funded by Fire Assessment – New  Station No. 2 (Woolbright, west of Congress) – 4 apparatus bays, 2 full time companies – 10,000 sq. ft. – Operational – funded by Fire Assessment – New  Station 5 (Gateway and High Ridge) – 5 apparatus bays, 3 full time companies – operational - Approximate total sq ft. - 41,132 including the Fire Administration Headquarters, a secondary Dispatch Center, and an Emergency Operations Center (EOC) - This EOC will function as a limited City Hall in the event that the current City Hall is damaged by storms. Funded by Fire Assessment - New While no additional fire stations are anticipated, except in the situation of future westward annexation, Fire Assessment funds can provide added support for current operations, additional personnel, and needed renovations and / or future replacement of older existing Fire Stations #1 and #3. FI: See the attached Statement of Source and Use of Funds for the Fire ISCAL MPACT Assessment Fund. For the eight (8) fiscal years ended September 30, 2009, the Fire Assessment provided $21.3 million to improve and partially maintain fire-rescue services in the City. However, this only represents an average of 17% of the total Fire Department budget. This is much less than 100% for two reasons using the current budget FY 2009-2010 as an example – 1. Total assessable (allowable) costs of $10,469,038 (excluding EMS) represent only 54% of the total $19,378,362 General Fund Fire Department budget. 2. Of the total assessable (allowable) costs of $10,469,038, the Fire Assessment rates adopted only represented approximately 36.5% of total assessable costs as illustrated in the left column in the table below. 108 of 735 While a budgetary decision, alternate levels up to 100% of assessable costs are illustrated in the table below for the current budget FY 2009-2010. 36.5% 40% 50% 60% 70% 75% 100% Percent of Assessable Costs Residential Per Dwelling Unit $ 68.00 $ 74.00 $ 93.00 $ 111.00 $ 130.00 $ 139.00 $ 185.00 Non-Residential Per Sq. Foot Commercial $ 0.15 $ 0.17 $ 0.21 $ 0.25 $ 0.29 $ 0.31 $ 0.41 Industrial/Warehouse $ 0.04 $ 0.04 $ 0.05 $ 0.06 $ 0.07 $ 0.07 $ 0.09 Institutional $ 0.17 $ 0.19 $ 0.23 $ 0.28 $ 0.32 $ 0.34 $ 0.46 Nursing Home $ 0.37 $ 0.41 $ 0.51 $ 0.61 $ 0.71 $ 0.77 $ 1.02 Estimated Net Revenue (Million) $ 3.5 $ 3.7 $ 4.6 $ 5.5 $ 6.4 $ 6.90 $ 9.15 It is through the assistance of GSG, that the City develops alternative rate levels for the Fire Assessment during budget considerations by the City Commission plus their ability to provide the needed interface with the County Property Appraiser’s Office. A: Do not authorize work to be done. Net effect would be to suspend the Fire LTERNATIVES Assessment FY 2010-2011. Not recommended. The data and process should be completed so that the City Commission can make an informed decision as part of the budget process. 109 of 735 110 of 735 RESOLUTION NO. R10-038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROPOSAL OF SERVICES FOR THE POTENTIAL CONTINUATION OF THE FIRE ASSESSMENT PROGRAM FOR FISCAL YEAR 2010/2011 WITH GOVERNMENT SERVICES GROUP, INC. IN THE AMOUNT OF $17,500.00 AND THE POTENTIAL ADDITIONAL SERVICES IN AN AMOUNT UP TO $40,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , Government Services Group, Inc., (GSG) established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program; and WHEREAS, GSG was selected to continue with their service when the Fire Assessment was extended due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City; and WHEREAS , contracting with GSG will preserve the progress that has been made to-date in the data collection/maintenance of this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to execute the proposal of services with Government Services Group, Inc., in the amount of $17,500.00 to assist the City with the Fire Assessment Program for 2010-11 and the potential additional services in an amount not to exceed $40,000.00, a copy of the proposed Scope of services is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA 111 of 735 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 112 of 735 6. E CONSENT AGENDA April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION No. R10-039 -- Approve the EQUESTED CTION BY ITY OMMISSION Non-Profit Developer Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith- Based Community Development Corporation, together with (2) R. M. Lee Community Development Center, Inc. (CDCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization Program (NSP). ER: The City Commission previously approved Resolution R10-028 to XPLANATION OF EQUEST amend the Community Development Block Grant (CDBG) Sub-Recipient contract agreement between the City of Boynton Beach and the CDC’s to facilitate the implementation of the NSP program. Funded under Title III of Division B of the Housing and Economic Recovery Act of 2008, the Neighborhood Stabilization Program was created to ease the negative impact of the nation’s economic decline and housing market collapse. It is intended to stabilize and revitalize communities that have been hit the hardest. Funds have been allocated to governmental entities for the purpose of purchasing and redeveloping abandoned and foreclosed homes and residential properties. The City of Boynton Beach has been allocated $2,963,311 under this program. Jurisdictions have been directed to give priority emphasis and consideration to low income and moderate areas, and other areas with the greatest need, including those - (A) With the greatest percentage of home foreclosures; (B) With the highest percentage of homes financed by a subprime mortgage related loan; and (C) Identified as likely to face a significant rise in the rate of home foreclosures Eligible uses of the funds are to - 113 of 735 (A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low and moderate income homebuyers: (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties; (C) Establish land banks for homes that have been foreclosed upon; (D) Demolish blighted structures; and (E) Redevelop demolished or vacant properties Based upon information provided to city staff by HUD, it was determined that the Northeast and Northwest quadrants of the city were the areas of greatest need for purposes of this program. These areas had the highest numbers of foreclosures, the highest number of mortgages at risk of becoming foreclosed, and the highest number of subprime loans. The City of Boynton Beach had 18 months from the signing of the contract to obligate NSP funds, and four years to expend. Funds are obligated for an activity when orders are placed, contracts are awarded, services are received, and similar transactions have occurred that require payment by the local government or Sub-recipient. The September 2010 deadline is deadline for obligating funds, not the deadline for the expenditure. Although the intent of the program was to get the monies expended as expeditiously as possible, the NSP Program was placed under the statutory and regulatory guidelines of the Community Development Block Grant (CDBG) Program. Since the implementation of this program, there have been many adjustments to simplify program rules to expedite the administration of NSP. As the program has evolved, city staff has attended eleven workshops regarding the administration of NSP as recently as February 25, 2010. The NSP program seeks to prevent future foreclosures by requiring housing counseling for families receiving homebuyer assistance. This method, to the fullest extent possible, protects future homebuyers by obtaining mortgages from conventional lenders who agree to comply with sound lending practices. The local CDC is a HUD approved housing counseling agency, and as such, requires each of its applicants to attend an eight hour housing counseling workshop. H? Having the CDC’s act as the developer OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES for this program will enable the City to encumber funds and procure foreclosed or abandoned properties in a more expeditious manner. The City of Boynton Beach will not be affected by the presumed liability of owning the properties, and ongoing maintenance of these properties. The CDC’s, as a HUD approved counseling agency, will be responsible for marketing the program, identifying eligible properties and applicants, overseeing the rehabilitation, monitoring the contractors, and maintaining the properties until sold. All funds recaptured as the result of sales of the properties will not have an impact on the city’s future CDBG allocations as the CDC’s will be the owners of the properties, and any funds recaptured will be reused for purposes of the NSP program 114 of 735 All NSP funds will be dispersed at closing, 33% at purchasing, and 67% when the property is sold. FI: Based upon the real estate market at the time of the application to HUD for ISCAL MPACT NSP funds, it was estimated that the city would be able to purchase and rehabilitate approximately 12 properties. In the current market, and based upon the average costs of 26 recent listings at $80,000, closing costs, developer fees, and other costs involved, there is $2,266,980 available for purchases, it is estimated that we should be able to obtain a minimum of 13 properties. This number includes soft costs, developer costs at 13%, the cost of estimated rehabilitation, if required, and the costs of securing and maintaining the properties until they are closed. The distribution of the funds follows: City of Boynton Beach Allocation: $ 2,963,311 Less Allowable Administrative Costs @ 10% $ (296,331) Less CRA Set Aside $ (400,000) Available to Purchase & Rehabilitate Properties $ 2,266,980 Average Purchase Price $ 80,000 Developer Fee @13% of Purchase Price $ 10,400 Closing costs $ 4,800 Rehabilitation Cost $ 70,000 Securing the Property $ 1,000 Liability Insurance $ 800 Maintaining the Property $ 600 Contingency $ 6,783 Total Average Cost Per Property $ 174,383 Total Cost to Purchase & Rehabilitate 13 Properties $ 2,266,980 These numbers are only based upon the average costs as observed from recent listings made available to staff. Some prices will be lower, and some will be higher, which will cause fees to adjust accordingly. The rehabilitation cost is based upon the costs shown below. It is also acknowledged that the rehabilitation costs may not always apply, as it is assumed that not all of the properties will need extensive rehabilitation. This being the case will allow for a few more properties to be purchased. Project Component Cost Air Conditioning SEER 16 $ 8,000 Appliances (Energy Star) 2,500 Bathroom (tub, wall tile, shower doors) 2,500 Electrical Upgrades (panel, GFIs, smoke alarms, fluorescent fixtures) 6,000 Energy efficient windows (.40SHGC) 6,000 Energy saving Roofs 10,000 Heat pump hot water heaters or (insulating blankets with timers) 1,800 Hurricane Shutters 5,000 115 of 735 Impact Rated Exterior Doors 1,200 Insulation upgrade (R-30) 1,200 Interior doors 1,200 Kitchen (cabinets, counter, sink) 8,000 Painting 5,000 Sod & Landscaping 2,500 Tile Floors or green materials, i.e. bamboo 4,000 Water saving toilets, faucets 1,500 TOTAL $66,400 Optional (Sales Appeal) Window Treatments (Blinds) 1,000 Ceiling Fans 400 Driveway 4,000 Mail Box 150 A: Not having the CDC’s act as developer will require the City staff to attempt LTERNATIVES property purchases through the standard City process involving Financial Services and the City Commission approval for each purchase. The time involved in following this process would make it unlikely that the NSP funds would be fully encumbered by September 30, 2010 as required by the grant. 116 of 735 RESOLUTION NO. R 10-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A NON-PROFIT DEVELOPER AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION TOGETHER WITH R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC., TO ACT AS DEVELOPER UNDER THE CITY’S NEIGHBORHOOD STABILIZATION PROGRAM; AND PROVIDING AN EFFECTIVE ATE. WHEREAS, the City Commission previously approved Resolution R10-028 to amend the Community Development Block Grant (CDBG) Sub-Recipient contract agreement between the City of Boynton Beach and the CDC’s to facilitate the implementation of the NSP program; and WHEREAS, the Agreement allows for the CDC’s to act as the developer for this program which will enable the City to encumber funds and procure foreclosed or abandoned properties in a more expeditious manner; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of the Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based Community Development Corporation together with R.M. Lee Community Development Center, Inc., to act as developer under the City’s Neighborhood Stabilization Program. 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 and authorizes the City Manager and City Clerk to execute the Non-Profit Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based Community Development 117 of 735 Corporation together with R.M. Lee Community Development Center, Inc., to act as developer under the City’s Neighborhood Stabilization Program, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of April, 2010. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 118 of 735 119 of 735 120 of 735 121 of 735 122 of 735 123 of 735 124 of 735 125 of 735 126 of 735 127 of 735 128 of 735 129 of 735 130 of 735 131 of 735 132 of 735 133 of 735 134 of 735 135 of 735 136 of 735 137 of 735 138 of 735 139 of 735 140 of 735 141 of 735 142 of 735 143 of 735 144 of 735 145 of 735 146 of 735 147 of 735 148 of 735 149 of 735 150 of 735 151 of 735 152 of 735 153 of 735 6. F CONSENT AGENDA April 6, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 6, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-040 -- Ratify the EQUESTED CTION BY ITY OMMISSION SEIU Florida Public Services Union White Collar FY 2009/2010 Collective Bargaining Agreement. . ER: The City of Boynton Beach and the SEIU Florida Public Services XPLANATION OF EQUEST Union, CTW, CLC have bargained in good faith and agreed to the proposed agreement. On March 16, 2010, the bargaining unit members voted to ratify. There are 136 active employees covered by the terms and conditions of this agreement. H? There will be no change to programs and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: This is a one (1) year agreement. All items negotiated in this agreement are ISCAL MPACT currently budgeted for FY 2009/2010. A: Not approve the contract and expose the City to the possibility of being LTERNATIVES charged with an unfair labor practice. 154 of 735 RESOLUTION R10-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC – WHITE COLLAR UNIT FOR THE ONE YEAR PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – White Collar Unit have successfully concluded negotiations for a one (1) year contract; and WHEREAS , on March 16, 2010, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the Mayor and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – White Collar Unit for the one (1) year period of October 1, 2009 through September 30, 2010, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of April, 2010 . CITY OF BOYNTON BEACH, FLORIDA 155 of 735 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 156 of 735 157 of 735 158 of 735 159 of 735 160 of 735 161 of 735 162 of 735 163 of 735 164 of 735 165 of 735 166 of 735 167 of 735 168 of 735 169 of 735 170 of 735 171 of 735 172 of 735 173 of 735 174 of 735 175 of 735 176 of 735 177 of 735 178 of 735 179 of 735 180 of 735 181 of 735 182 of 735 183 of 735 184 of 735 185 of 735 186 of 735 187 of 735 188 of 735