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Agenda 03-15-11 Searchable The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 Boynton Beach Boynton Beach TUESDAY, MARCH 15, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III 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 307 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez SWEARING IN: COMMISSIONER MARLENE ROSS – DISTRICT 4 SWEARING IN: COMMISSIONER WOODROW HAY – DISTRICT 2 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 public engagement session (charette) for Historic High School Redevelopment, Saturday, March 26, 2011 from 10 a.m. to 3 p.m. in the City's Library Program Room. B. Proclaim March 22, 2011 as All People's Day in the city of Boynton Beach 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Accept the resignation off Sanford Mayer, a regular member of the Community Relations Board B. Accept the resignation of Mark Karageorge, a regular member of the Code Compliance Board C. Appoint eligible members of the community to serve in vacant positions on City advisory boards 3 of 307 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 August 17, 2010, August 24, 2010, September 7, 2010, September 13, 2010 and March 1, 2011. B. PROPOSED RESOLUTION NO. R11-038 - Amend the FY 2010-2011 capital improvement budgets to adjust budgeted appropriations to (1) provide continued spending authority in FY 2010-2011 for active Capital Improvement Projects that were in process last year at September 30, 2010 but not included in the adopted Capital Improvement Fund budgets by the City Commission for FY 2010-2011 and (2) transfer certain capital project budgets from Fund 302 to Fund 304. C. Approve recommended selection of insurance brokers and insurance company programs as part of the City's Property and Casualty Insurance Program. The recommended insurance brokers are Arthur J. Gallagher & Co., and Employers' Mutual Insurance Co. (EMI). 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-039 - (1) Approve a contract with Intercounty Engineering, Inc. of Pompano Beach, Florida for the rehabilitation of Master Lift Station #801, Bid No. 018-2821-11/CJD, in the amount of $199,780 and (2) Authorize an added 10% contingency of $19,978, if needed, for staff approval of change orders for unforeseen conditions without further approval by the City Commission provided total contract price plus contingency is not exceeded. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement, during mediation, of $46,500 in Carlos Montanez v. City of Boynton Beach 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. 4 of 307 A. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS A. Configuration of Special Events Committee, scope, opportunities to consolidate coordination, timeline and expected gains 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-011 - SECOND READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers’ Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. B. PROPOSED ORDINANCE NO. 11-012 - SECOND READING - Amending attendance requirements of the Financial Advisory Committee C. Charter Review Committee timeline and scope of work 14. FUTURE AGENDA ITEMS A. Discussion of local transportation options including review of Wellington alternative transportation program - 4/5/11 B. Recommendation from Purchasing for Engineering Task Order RFQ - 4/5/11 C. Follow-up on Joint City/CRA Downtown Workshop of 2/17/11 - Tentative April 5, 2011. D. City of Boynton Beach Green Building Program Ordinance - 4/5/11 E. Climate Action Plan Implementation Status Report - 4/5/11 F. Sister Cities Presentation - 4/19/11 5 of 307 G. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 4/19/11 H. Appointment and Swearing in of Vice Mayor - 4/19/11 I. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11 J. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 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 THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 307 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Announce public engagement session (charette) for EQUESTED CTION BY ITY OMMISSION Historic High School Redevelopment, Saturday, March 26, 2011 from 10 a.m. to 3 p.m. in the City's Library Program Room. ER: The City entered into contract with REG Architects, Inc. in January XPLANATION OF EQUEST 2011 to assist the city in a design and planning process for the redevelopment of the Historic High School. Part of this process includes a public engagement session (charette) that will take place on Saturday, March 26, 2011 from 10 a.m. to 3 p.m. in the Library Program Room. The public is welcome and encouraged to participate in this planning and design process. The public’s opinion and ideas are critical to the success of this project! Staff and our consulting team developed a Public Opinion Survey that is located on the City and CRA’s website. The survey results will be incorporated in the charette session. A Historic High School Redevelopment Project web page has also been developed. This page will house (or provide links to) all of the high school studies (old and new); announce the progress of the project and any related special events; provide survey results and post-charette updates; and ultimately will contain the “Historic Boynton Beach High School Campus Development Business Plan”. REG anticipates presenting a business plan to the City Commission in late April, 2011. The purpose of the public engagement session (charette) is to quantify and qualify the public’s opinion on the design, function, form and ultimately the future of the Historic High School site. This process will identify and address the funding mechanisms needed for a successful project. Staff and the architectural team hope to build consensus on the re- design/redevelopment of the Historic High School. 7 of 307 H? This process will ultimately provide a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES development business plan for the Historic High School site. FI: n/a – None specific to the charette. ISCAL MPACT A: Not announce public engagement session LTERNATIVES 8 of 307 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Proclaim March 22, 2011 as All People's Day in the city of EQUESTED CTION BY ITY OMMISSION Boynton Beach ER: The ALL PEOPLE’S DAY (APD) holiday celebration is a XPLANATION OF EQUEST multicultural program that helps children, adults, and seniors see and embrace the beauty of their diversity. As its very name implies, All People’s Day is inclusive of all populations and addresses the multiple issues of differences and similarities among people. Since 1973, people of many walks of life have experienced this inspirational holiday through creative participation in its arts traditions. This organization was founded in 1973 by Susan Berkowitz- Schwartz,MPS, ATR-BC. H? There will be no affect on City programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services. FI: N/A ISCAL MPACT A: Not proclaim March 22, 2011 as All People’s Day in the City of Boynton Beach LTERNATIVES 9 of 307 P R O C L A M A T I O N Whereas, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People’s Day®, a multicultural and issue based program that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual acceptance; and Whereas, All People’s Day® gives people of all ages and walks of life fun and creative ways to explore positive connections through a showcase of diverse entertainment, goods, and foods from many countries for sale, as well as booths, which feature craft making, interaction games and workshops that connect us through the visual, dramatic and language arts; and Whereas, the theme for the festival is “Discovering our Connections”, because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different; and Whereas, by the year 2050 European Americans will no longer constitute the majority of the United States population and people from different cultures will be interacting with one another more often than ever before; and Whereas, the facets to a communal nature of the Community are: awareness, understanding, and acceptance. Now therefore, I, Jose Rodriguez, Mayor of the City of Boynton Beach, Florida, do hereby proclaim March 22, 2011 as All People’s Day® and urge all citizens to appreciate the universal qualities at our core and the differences that help make us individuals. 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 15th day of March, Two Thousand Eleven. _________________________________ Jose Rodriguez, Mayor ATTEST: City of Boynton Beach ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 10 of 307 5. A ADMINISTRATIVE March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Accept the resignation off Sanford Mayer, a regular EQUESTED CTION BY ITY OMMISSION member of the Community Relations Board ER: Regina Waterhouse, Chair of the Community Relations Board, has XPLANATION OF EQUEST advised the Commission and staff of Sanford Mayer’s resignation. H? The Community Relations Board will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 11 of 307 12 of 307 5. B ADMINISTRATIVE March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Accept the resignation of Mark Karageorge, a regular EQUESTED CTION BY ITY OMMISSION member of the Code Compliance Board ER: Mark Karageorge has submitted his resignation stating the reason XPLANATION OF EQUEST for the request. H? The Code Compliance Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 13 of 307 14 of 307 5. C ADMINISTRATIVE March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 15 of 307 Appointment Length of Term To Be Made Board Expiration Date II Hay Arts Commission Alt 1 yr term to 12/11 Tabled (2) Mayor Rodriguez Bldg. Bd. of Adj & Appeals Alt 1 yr term to 12/11 IV Ross Bldg. Bd. Of Adj & Appeals Reg 3 yr term to 12/12 IV Ross Cemetery Board Reg 3 yr term to 12/13 III Holzman Cemetery Board Alt 1 yr term to 12/11 Tabled (2) Mayor Rodriguez Code Compliance Board Reg 3 yr term to 12/12 IV Ross Community Relations Board Alt 1 yr term to 12/11 Mayor Rodriguez Community Relations Board Alt 1 yr term to 12/11 II Hay Education & Youth Advisory Board Stu 1 yr term to 12/11 Tabled (3) I Orlove Education & Youth Advisory Board Stu N/V 1 yr term to 12/11 Tabled (3) III Holzman Financial Advisory Committee Alt 1 yr term to 6/11 II Hay Financial Advisory Committee Alt 1 yr term to 6/11 Tabled (2) Mayor Rodriguez Firefighters Pension Trust Fund Reg 4 yr term to 12/14 I Orlove Library Board Alt 1 yr term to 12/11 Tabled (3) II Hay Planning and Development Board Alt 1 yr term to 12/11 I Orlove Planning and Development Board Alt 1 yr term to 12/11 Tabled (2) Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/11 III Holzman Veterans Commission Alt 1 yr term to 12/11 IV Ross Veterans Commission Alt 1 yr term to 12/11 S:\CC\WP\BOARDS\APPMENTS\Board Year 2011\Appointments 01-18-11.doc 16 of 307 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 03/15/11 stndrd Last Name First Name 1 Choice 2 Choice 3 Choice NONE ALTERNATES: Code Compliance Board Aimond Alexis – Appointed 10/10 Barry Ravel – Appointed 12/10 17 of 307 6. A CONSENT AGENDA March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve the Minutes from the City Commission meetings EQUESTED CTION BY ITY OMMISSION held on August 17, 2010, August 24, 2010, September 7, 2010, September 13, 2010 and March 1, 2011. The City Commission met on August 17, 2010, August 24, 2010, September 7, 2010, September 13, 2010 and March 1, 2011 and minutes were prepared from the notes taken at the meeting. 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 18 of 307 19 of 307 20 of 307 21 of 307 22 of 307 23 of 307 24 of 307 25 of 307 26 of 307 27 of 307 28 of 307 29 of 307 30 of 307 31 of 307 32 of 307 33 of 307 34 of 307 35 of 307 36 of 307 37 of 307 38 of 307 39 of 307 40 of 307 41 of 307 42 of 307 43 of 307 44 of 307 45 of 307 46 of 307 47 of 307 48 of 307 49 of 307 50 of 307 51 of 307 52 of 307 53 of 307 54 of 307 55 of 307 56 of 307 57 of 307 58 of 307 59 of 307 60 of 307 61 of 307 62 of 307 63 of 307 64 of 307 65 of 307 66 of 307 67 of 307 6. B CONSENT AGENDA March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 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. R11-038 - Amend the EQUESTED CTION BY ITY OMMISSION FY 2010-2011 capital improvement budgets to adjust budgeted appropriations to (1) provide continued spending authority in FY 2010-2011 for active Capital Improvement Projects that were in process last year at September 30, 2010 but not included in the adopted Capital Improvement Fund budgets by the City Commission for FY 2010-2011 and (2) transfer certain capital project budgets from Fund 302 to Fund 304. ER:Each of the two requests is further explained as follows: XPLANATION OF EQUEST (1) The City’s past practice for all City funds is that any budgeted and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. However, most capital projects span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, we should reappropriate these funds to provide the continued spending authority for these multi year projects. Accordingly, the necessary continued appropriations for those projects budgeted in prior years and continuing into FY 2010-2011 aggregate a net amount of $1,631,828. The appropriation requested of $2,566,828 for projects carried over less budgeted amounts of $935,000 previously appropriated in the FY 2010-2011 will effectively amend the adopted budget, resulting in an increase from $3,623,000 to $5,254,828 for the General Government Projects (See attached Exhibit A). 68 of 307 Additionally, the capital project budget related to the Fire Station Maintenance (Fund 305) will be amended from $100,000 to $192,000 to incorporate a fund balance carryover to complete Fire Station #1 renovations. The Utility projects will increase $11,741,205 from $24,525,500 to $36,266,705. These funds are unexpended project budget balances carried over from the prior fiscal year. (See attached Exhibit B for a list of projects). (2) General Government Capital Projects have been identified to be funded with unspent 2006 bond proceeds in Fund 304 as opposed to the General CIP Fund 302. The reason for this recommendation is to fully utilize the existing bond proceeds in Fund 304 to avoid a potential arbitrage liability related to unspent bond proceeds. H? Not applicable. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: See Exhibits A & B for a summary of the fiscal impact. ISCAL MPACT A: No alternatives if the City is to follow good budgeting practices and LTERNATIVES governmental accounting standards. 69 of 307 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, an adopted budget has been prepared by the City Manager estimating expenditures and revenues of the City of Boynton Beach for the fiscal year 2010-2011; and WHEREAS, the City Manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2010-2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 Boynton Beach, Florida, hereby amends the FY 2010 – 2011 budget, a copy of such amendments is attached hereto as Exhibits “A” and “B”, and the appropriations set out therein for the fiscal year beginning October 1, 2010 and ending September 30, 2011, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated the sum of $5,254,828 to the General Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 4. That there is hereby appropriated the sum of $192,000 to the Fire Assessment Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 5. That there is hereby appropriated the sum of $36,266,705 to the Utilities Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 6. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 7. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Resolution shall become effective immediately upon passage. 70 of 307 PASSED AND ADOPTED this 15th day of March, 2011. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – Marlene Ross ____________________________ Commissioner – William Orlove ____________________________ Commissioner – Woodrow L. Hay ____________________________ Commissioner – Steven Holzman ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 71 of 307 72 of 307 73 of 307 6. C CONSENT AGENDA March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve recommended selection of insurance brokers and EQUESTED CTION BY ITY OMMISSION insurance company programs as part of the City's Property and Casualty Insurance Program. The recommended insurance brokers are Arthur J. Gallagher & Co., and Employers' Mutual Insurance Co. (EMI). ER: On February 7, 2011, five prospective vendors responded to our XPLANATION OF EQUEST RFQ requesting market assignments. Four qualified vendors submitted proposals (Arthur J Gallagher, Employer’s Mutual, Re-Ex Insurance Brokers and Public Risk Insurance Agency) and on February 24, 2011 Procurement Services opened and tabulated three (3) submitted proposals for the referenced RFP. All proposals were reviewed and it was determined that we continue with Arthur J Gallagher for our Liability and Workers’ Compensation program, Commercial Property-Utilities and Crime Insurance; EMI for our Commercial Property- Municipal Insurance which includes Inland Marine and Electronic Data Processing coverage. These two vendors were the lowest, most responsive, responsible bidders who met all specifications. Chuck Magazine recommends this referenced broker. All coverages and deductibles remain the same as current. Please refer to memorandum dated February 28, 2011, as attached. H? This will continue the ongoing property OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and casualty insurance program to protect the financial interests of the City with the same limits of coverage and deductibles. These insurance policies are in excess of the self-insured portion of the City’s program. FI: The premiums identified are within the budgeted line items affected by these ISCAL MPACT business insurance lines. 74 of 307 A: To fully self-insure the City in liability, workers’ compensation and commercial LTERNATIVES property insurance. Please note that the Federal Stafford Act requires a municipality to maintain a property insurance program, approved by the State of Florida. Failure to maintain such insurance would exclude the City from seeking reimbursements from FEMA in the case of a natural disaster. 75 of 307 The City of Boynton Beach, Florida Risk Management Department MEMORANDUM TO: Kurt Bressner City Manager THRU: Lori Laverriere Assistant City Manager FROM: Chuck Magazine Risk Manager DATE: February 28, 2011 SUBJECT: 2011 RFQ/RFP for Annual Contract for Property & Casualty Insurance Program – RFQ/RFP No. 025-1710-11/JMA ______________________________________________________________________________ The Risk Management Department recommends the following insurance brokers for the listed insurance business lines based upon responses to the 2011 RFQ/RFP: Arthur J. Gallagher & Company General Liability Law Enforcement Liability Public Officials Liability Employee Benefits Liability Medical Attendants Liability Workers’ Compensation Commercial Property – Utilities Crime Employers’ Mutual Insurance (EMI) Commercial Property – Municipal Inland Marine Electronic Data Processing Request for Qualification Process The Request for Qualifications was submitted to DemandStar for distribution to prospective vendors on January 26, 2011. The Risk Management Department provided a list of fifteen prospective vendors to be included in the DemandStar distribution. Fifteen companies responded and obtained copies of the RFQ. The deadline for submission of the RFQ and market assignment requests was February 7, 2011. Five prospective vendors responded to the RFQ. Among the five vendors, they requested market assignment of 38 insurance markets to obtain quotes for our insurance program. Four prospective vendors (Arthur J Gallagher, Employer’s Mutual, Re-Ex Insurance Brokers, and Public Risk Insurance 76 of 307 Agency) were selected as qualified to approach insurance markets and submit proposals. Their response to the RFP was due on February 24, 2011. Request for Proposal Process Of the four qualified prospective vendors, one submitted No Bid, one submitted for the Workers’ Compensation only, one submitted for the Commercial Property – Municipal and Commercial Property – Utilities, and one submitted for the entire program. The following is a breakdown of the various business lines proposals: Liability Arthur J. Gallagher & Co. is the incumbent on this program. Gallagher submitted for the entire Liability program. Please note that this is a combined program including Workers’ Compensation. This program now includes the Medical Attendants coverage which had previously required a separate policy. There were no other bids for this program. Workers’ Compensation As previously noted, the Gallagher proposal included the Liability program coverages as well as the Workers’ Compensation. This is the incumbent program. Re-Ex submitted a proposal for Workers’ Compensation only. RECOMMENDATION: Continue with the Gallagher program for Liability and Workers’ Compensation. The Re-Ex proposal only included Workers’ Compensation and was not adequate for the City’s needs. Also, the City has found the combined Gallagher program satisfactory to the needs of the City. Commercial Property – Municipal Gallagher is the incumbent on this program. Gallagher provided two company quotes for this program. One was from the Lexington and Landmark and the other was from Lloyds. Employers’ Mutual (EMI) submitted one quote for this program. Their quote was led by Westchester Surplus Lines. The price point for the EMI proposal had a price point below both of the Gallagher proposals. The deductible for all 3 programs was $50,000 (same as current). The limits, however, favored the EMI proposal as it included the full value of the properties whereas the Gallagher proposals did not. The wind deductibles also favored the EMI proposal. Please note that these proposals included Inland Marine and Electronic Data Processing coverages. RECOMMENDATION: Select the EMI program for Commercial Property – Municipal Insurance. The programs are similar in nature, but the price points, limits, and wind deductibles favor EMI. Although the programs are not the same, they are similar and would meet the requirements of the City. Commercial Property – Utilities Gallagher is the incumbent on this program. The single Gallagher proposal was from National Union Fire and Chartis Global. EMI submitted a single proposal from Lloyds and Starr. The two proposals were similar in nature and quoted the same limits, deductibles and wind deductibles. The price point on the proposals favored the Gallagher proposal. RECOMMENDATION: Select the Gallagher program for Commercial Property – Utilities. The programs are similar in nature but the price points favor Gallagher. Although the programs are not the same, they are similar and would meet the requirements of the City. 77 of 307 Crime Gallagher is the incumbent on this program and was the only bidder for this business line. This program had a policy expiration date of October 1, 2011. In an effort to move this program to an April 1 expiration date, it was included in this RFQ/RFP. The proposal received was pro-rated for six month extension of the current policy to April 1, 2012. The pro-rated quote was less than the current rate. RECOMMENDATION: Select the Gallagher program for Crime Insurance. NOTE: Please note that the proposal from EMI did not include Property Appraisals whereas the Gallagher proposal did. However, including the estimated cost of property appraisals, the price point favored EMI. Please find a review of the proposals submitted and upon which these recommendations are based. Thank you for your attention to this matter. ATTACHMENTS cc: Julie Alibrandi, Buyer, Purchasing Dept. Tim Howard, Assistant Finance Director, Finance Dept. 78 of 307 79 of 307 7. A BIDS AND PURCHASES OVER $100,000 March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED RESOLUTION NO. R11-039 - EQUESTED CTION BY ITY OMMISSION (1) Approve a contract with Intercounty Engineering, Inc. of Pompano Beach, Florida for the rehabilitation of Master Lift Station #801, Bid No. 018-2821-11/CJD, in the amount of $199,780 and (2) Authorize an added 10% contingency of $19,978, if needed, for staff approval of change orders for unforeseen conditions without further approval by the City Commission provided total contract price plus contingency is not exceeded. ER: The City of Boynton Beach advertised an invitation for bids for the XPLANATION OF EQUEST rehabilitation of Master Lift Station #801. Bid proposals were received and opened on January 19, 2011. Intercounty Engineering, Inc. was the lowest most responsive bid. The Utility Department along with Engenuity Group, Inc., engineer of record for the project, recommend the contract award to Intercounty Engineering, Inc. Attached are the bid tabulation spreadsheets from the Procurement Services, Ingenuity’s recommendation letter and bid evaluation form, and Intercounty Engineering’s bid. The rehabilitation work for this project includes demolition, removal and disposal of existing asphalt and other obsolete equipment. The scope of work also includes furnishing and installing an exhaust fan, electrical control panel and wiring terminations, light fixtures, electrical conduits, and work necessary to relocate existing overhead electrical service to underground. The installation of one (1) new wastewater pump furnished by the City, furnishing and installing new louvers and doors, painting the existing building, and improving site landscaping. H? The completion of this project will improve OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the reliability of Lift Station #801. There has not been a rehab of the lift station in the past 5 80 of 307 years. In March 2007 two 56 hp EMU submersible pumps were purchased and installed. In December 2007 an odor control air scrubber from Seimens Water Technologies was purchased and installed. Periodic maintenance includes site visits 3 times per week checking for pump operations and telemetry, also once per week the generator is run to check for proper operation. Wetwell cleaning is also now done on a routine basis once per month. This proposed project is a major rehab, that should see the station through the next 10 years. FI: Total authorized funding for the project including a 10% contingency is $219, ISCAL MPACT 758. Funding is available in account # 403-5000-590.65-04 SWR 118. Funds for this lift station rehabilitation were appropriated in the FY 2008-09 CIP budget ($325,000) and in the FY 2009-10 CIP budget (an additional $220,000). In that the actual contract price and the 10% contingency will result in a cost of approximately $220,000, only 42% of the appropriated funds are expected to be spent for this project. Once money is appropriated by the Commission, those values remain in the CIP, and need not be re- appropriated in following years. A: None as the reliability of this master lift station must be improved in order to LTERNATIVES provide continued service. 81 of 307 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT WITH INTERCOUNTY ENGINEERING, INC., FOR THE REHABILITATION OF MASTER LIFT STATION #801 (BID NO. 018-2821-11/CJD) IN THE AMOUNT OF $199,780.00 PLUS A 10% CONTINGENCY OF $19,978.00 FOR A TOTAL APPROPRIATION OF $219,758.00; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 19, 2011 six (6) bids for the rehabilitation of Master Lift Station #801, Bid No. 018-2821-11/CJD, were received and opened by Procurement Services, the Utilities Department and Engenuity Group, Inc., the engineer of record for the project; and WHEREAS, staff concurs with Engenuity Group, Inc., and is recommending the award to Intercounty Engineering, Inc., as the lowest, most responsive, responsible bidder who met all specifications and whose bid is in the best interest of the City. 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 the award of a contract for Bid #018-2821-11/CJD to Intercounty Engineering, Inc., for the rehabilitation of Master Lift Station #801. Section 3. The City Manager is authorized to execute a contract with Intercounty Engineering, Inc., in the amount of $199,780.00 plus a 10% contingency of $19,978.00 for a total appropriation of $219,758.00, a copy of said Contract is attached hereto and made a part hereof as Exhibit “A”. Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of March, 2011. 82 of 307 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Woodrow L. Hay ATTEST: _______________________________ Commissioner – Steven Holzman __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 83 of 307 84 of 307 85 of 307 86 of 307 87 of 307 88 of 307 89 of 307 90 of 307 91 of 307 92 of 307 93 of 307 94 of 307 95 of 307 96 of 307 97 of 307 98 of 307 99 of 307 100 of 307 101 of 307 102 of 307 103 of 307 104 of 307 105 of 307 106 of 307 107 of 307 108 of 307 109 of 307 110 of 307 111 of 307 112 of 307 113 of 307 114 of 307 115 of 307 116 of 307 117 of 307 118 of 307 119 of 307 120 of 307 121 of 307 122 of 307 123 of 307 124 of 307 125 of 307 126 of 307 127 of 307 128 of 307 129 of 307 130 of 307 131 of 307 132 of 307 133 of 307 134 of 307 135 of 307 136 of 307 137 of 307 138 of 307 139 of 307 140 of 307 141 of 307 142 of 307 143 of 307 144 of 307 145 of 307 146 of 307 147 of 307 148 of 307 149 of 307 150 of 307 151 of 307 152 of 307 153 of 307 154 of 307 155 of 307 156 of 307 157 of 307 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve negotiated settlement, during mediation, of EQUESTED CTION BY ITY OMMISSION $46,500 in Carlos Montanez v. City of Boynton Beach ER: XPLANATION OF EQUEST Defense Counsel: Ben Bedard, Roberts Reynolds Bedard &Tuzzio Plaintiff Counsel: Edmund Gonzalez, Gonzalez & Henley Incident: Motor vehicle accident on August 16, 2006. City Police Officer was traveling southbound on the 1200 block of N. Congress Ave. Plaintiff was entering N. Congress from the Mall access road, turning left onto N. Congress. Police Officer went through the red light and struck the plaintiff’s vehicle. Plaintiff suffered injuries to left shoulder, neck and back. Current medicals are $67,164.79, and lost wages claimed are in excess of $41,000. H? Recommendations for settlements of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement of $46,500 will be charged to the Risk Management budget ISCAL MPACT expense line item 522-1710-519-49.21, Self-Insured Losses, for third party automobile liability self-insured losses. A: Failure to approve settlement will result in claim being litigated. Value of this LTERNATIVES case at trial is estimated at in excess of $100,000. Defense trial legal costs are estimated at an additional $20,000. 158 of 307 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Lori Laverierre Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: February 24, 2011 SUBJECT: Carlos Montanez v. City of Boynton Beach Date of Loss: August 16, 2006 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES: Indemnity: $ 25,000 Expenses: $ 40,000 Demand: Original: $ 100,000 Final: $ 47,500 Offer: Original: $ 5,000 Final: $ 46,500 SETTLEMENT$ 46,500 : X This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in NOTE: any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ -0- Current Legal Fees: $ 20,132 IF NOT SETTLED Projected Legal Fees: $ 20,000 Projected Jury Verdict: $100,000+ JUDGEMENT$ - : __ Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE : Motor vehicle accident on August 16, 2006. City police officer was traveling southbound on the 1200 block ofN. Congress Ave. Plaintiff was entering N. Congress from the Mall access road, turning left onto N. Congress. Police officer went through the red light and struck the plaintiff vehicle. Plaintiff suffered injuries to left shoulder, neck and back. Current medicals are $67,164.79, and lost wages claimed are in excess of $41,000. Cjm/Claimaut/MontanezC02.doc 159 of 307 160 of 307 161 of 307 162 of 307 9. A PUBLIC HEARING March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-008 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. ER: THIS ITEM IS TABLED TO APRIL 19, 2011 to allow time XPLANATION OF EQUEST to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. A late discovery in the review of this item is the use by a resident of one of the properties along the unimproved alley for accessing a rear detached dwelling unit existing accessory to the principal home at 222 W. Ocean Avenue. At the first hearing of the Planning & Development Board, the affected property owner voiced concerns over losing access to this unit, therefore leading the Board to consider preserving access through an access easement extending the short distance between the side street and the accessory unit which is on the second lot in nd from SW 2 Street. This option then lead to the concern by the other potentially affected property owner (located opposite the accessory unit), over maintenance and liability attributed to the access easement being placed over a portion of the abandoned alley which the property owner would then own following abandonment. Given the potential impact on those four properties that abut this portion of the alley, and to ensure that all are aware of the pending action, staff is offering to meet with them and discuss potential scenarios and impacts and answer any related questions. Invitations were mailed to each of them and the meeting will be 163 of 307 held Thursday the 24th at 5:00 pm. The item will then return to the Planning & Development ndth Board at their March 22 meeting, and then reviewed by the Commission on April 19. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 164 of 307 165 of 307 166 of 307 167 of 307 11. A UNFINISHED BUSINESS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Configuration of Special Events Committee, scope, EQUESTED CTION BY ITY OMMISSION opportunities to consolidate coordination, timeline and expected gains ER: At the February 1, 2011, City Commission meeting, Mayor XPLANATION OF EQUEST Rodriguez initiated a discussion regarding establishment of a Special Events Advisory Board for the City. Following an unsuccessful motion to create a new advisory board, the Commission approved a substitute motion (4-1) to establish an ad hoc committee for special events that includes one member each from the Community Relations Board, Recreation & Parks Board, Education and Youth Advisory Board, Arts Commission, and Planning & Development Board for the next year and to reassess the committee after the first year. H? This ad hoc committee will provide the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES opportunity to have all special events taking place in the City planned, discussed and budgeted in one central location with parties interested in the events. In general, where these committees exist, their purpose is to make recommendations to city commissions of fundraising opportunities, special event opportunities, and other activities and opportunities throughout each fiscal year. The City of West Palm Beach has a well-structured program in which the duties and responsibilities of committee members are specifically detailed in four broad areas (Exhibit A). These include:  Sponsorship  Participation  Marketing and Revenue  Creation of Special Events 168 of 307 Other Florida cities with special event committees or advisory boards include New Port Richey and Bonita Springs. The City of Newport Beach, California, also has a well-structured program (Exhibit B) in which the purpose and responsibilities of the Special Events Advisory committee are:  To recommend to the city council criteria to be used in evaluating future requests for city support of an event. Criteria may include civic pride, building of the city’s brand, financial return on investment through participant spending and community benefit.  To use established criteria to evaluate the benefits, tangible and intangible, of special events and provide the city council with advice on special events reviewed by the committee. The city has set a spending threshold for special events qualifying for committee evaluation.  To create a citywide master calendar of special events and to provide advice on event coordination throughout the city so that event organizers, businesses, residents and visitors can derive maximum benefit and minimum impact from such events in terms of economics, mobility, timing and effectiveness. Similarly, the mission of the City of Ogden, Utah, Special Events Advisory Committee (Exhibit C) is “to advise specific event committees in order to promote Ogden, increase the economic impact of events and strengthen community pride. Goals created just this past February for the Ogden committee include:  Identifying key events that the city should acknowledge and support as signature events for the community.  Become more engaged in helping the events to improve and grow in popularity through evaluations and feedback for event planners.  Work towards determining economic impact and viability of various events.  Meet with event coordinators for “follow up” sessions.  Visit and assess new and existing event venues.  Investigate ways to help reduce event support from city departments. Over the past two decades, special events throughout the United States have proliferated, drawing consumers from various local and regional markets and also seeking to create community cohesion and pride. These events can enhance the quality of life for local citizens and promote local pride while at the same time creating opportunities for economic development and growth. Citizen participation is vital to the process. All of these models provide a good framework for developing a special events committee for the City of Boynton Beach. There were no marked differences in any of them. Ad Hoc Committee Configuration In the motion passed by the Commission, the Special Events Ad Hoc Committee would consist of one member each from the Community Relations Board, Recreation & Parks Board, Education & Youth Advisory Board, Arts Commission, and Planning and Development Board. Initially, they would be seated for a one year term at which time the committee would be reassessed. If, after one year, the committee is retained, it is recommended that members be appointed for two-year terms with term end dates split between alternating years to ensure continuity of community membership. On application, members may be re-appointed. 169 of 307 Timeline Mayor Rodriguez suggested at the February 1 meeting that the committee could be seated in the current fiscal year and be budgeted for the next fiscal year.  March 15-April 18 – Boards select representatives  Week of April 25 – First meeting of Ad Hoc Special Events Committee  May, June – Meet as necessary in these months to determine the scope of the committee; its mission and goals; define its members’ duties and responsibilities; and put into place a planning and evaluation process for special events, including projected costs. FI: None ISCAL MPACT A: LTERNATIVES  Create a new Special Events advisory board to make recommendations to City Commission of fundraising opportunities, special event opportunities and other activities and opportunities throughout each fiscal year.  Maintain status quo; neither create a new advisory board nor an ad hoc committee. 170 of 307 171 of 307 172 of 307 173 of 307 174 of 307 175 of 307 176 of 307 177 of 307 178 of 307 179 of 307 180 of 307 181 of 307 13. A LEGAL March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-011 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers’ Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. ER: The Board of Trustees (“Board”) of the Police Officers’ Pension XPLANATION OF EQUEST Fund (“Fund”) has approved and is recommending that the City Commission approve an amendment to Article III, Municipal Police Officers’ Retirement Trust Fund Pension Plan Ordinance. The amendment changes two (2) sections of the Code. 1. Section 18-172. Buy back of service (Page 2) Allowing re-hired former City Police Officers to finance the repurchase of years of service that the Officer lost when they (a) withdrew their personal contributions from the Fund when they left City employment and therefore (b) lost their credited service. The Board is requesting that all such members, who are rehired by the Police Department after (a) withdrawing their contributions and (b) losing their credited service, be afforded the opportunity to repay their contributions previously withdrawn in either (1) a lump sum or (2) in installments over a period of time not to exceed five (5) years. No credit will be given for any service until all repurchased years of service have been repurchased. The total time that a member is employed by the Department (time after rehired plus time repurchased) shall count for vesting. 182 of 307 Except for time counted for vesting, this is the same as the provision already in the plan allowing for the member to buy back other time (which does not count for vesting) as a police officer elsewhere or time served in the military. To repurchase this service, the member must pay an 8% rate of interest on the withdrawn amount from the date of withdrawal through the date of full repayment. The 8% rate is the actuarially assumed rate of return of the Fund on the most recent actuarial valuation. The Plan’s actuary will calculate the repayment amounts including interest over the repayment period. Current Plan Provision: As required by State law, members are permitted to repurchase this time. Members who are repurchasing this time must do so in a lump sum within six (6) months of being rehired. This contrasts with the current provisions in the Plan for Officers who are buying time that they worked with another agency as a police officer or served in the military. Officers purchasing this time may pay in either (1) a lump sum within six (6) months of hire or (2) finance the purchased service over a period not to exceed five (5) years. Cost: There is no cost impact to the Plan. Rehired members repay contributions previously made and withdrawn from the Plan plus 8% interest on the contribution amount withdrawn for the time that the money was out of the Fund. While member contributions must be repaid to the Plan, the City’s contribution that were made for the member remained in the Plan and continued to be invested with other pension fund dollars for the full time the member was gone. 2. Section 18-175. Deferred retirement option plan (Page 4) adding an option for the member to choose to withdraw Deferred Retirement Option Plan (“DROP”) funds as a partial withdrawal. This option allows members the flexibility and an additional means in the withdrawal of their DROP assets. It is a partial lump sum withdrawal which would allow the members to withdraw part of their assets from the DROP. The Board will approve this partial lump sum withdrawal in the same manner that they approve all other withdrawal options. Current Plan Provision: Members may withdraw in a lump sum, annual installments, or as a monthly installment. Cost: There is no cost impact to the Plan. All withdrawals are taken from individual member accounts. 183 of 307 Collective Bargaining: As collective bargaining representative for the three (3) bargaining units within the Police Department, the Palm Beach County Police Benevolent Association, Inc. has agreed to waive bargaining over the foregoing amendments as set forth in the attached Agreement. The City Commission must also waive collective bargaining. H? Not applicable. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: In the opinion of the Pension Plan’s actuary (see the attached December 14, ISCAL MPACT 2010 letter), the amendment will have no actuarial impact on the Plan as interest accrues at the same rate as the assumed rate of return on Plan investments. A: Not approve the amendment to the Pension Plan Ordinance and defer LTERNATIVES consideration to the next round of collective bargaining when the subject can be addressed by the City and the PBA. 184 of 307 ORDINANCE 11-____ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED “MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND;” AMENDING SECTION 18-172 PROVIDING FOR BUY BACK OF SERVICE; AMENDING SECTION 18-175 PROVIDING FOR DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS , the Boynton Beach Police Officers’ Pension Fund Plan Document (“Plan) permits members to purchase years of service in the Plan for which the member was previously employed as a police officer with the City of Boynton Beach (“City”) and withdrew those contributions by repaying the Fund for the contributions that were withdrawn in a lump sum; WHEREAS , the Board of Trustees of the Boynton Beach Police Officers Pension Fund (“Fund”) recommends an amendment to the Plan to allow members to repay the withdrawn contributions over time with interest rather than in a lump sum; and fied pension plans to provide certain benefits; and WHEREAS , the City Commission of the City of Boynton Beach, Florida, desires to revise its Police Officers' Plan in order to provide this administrative change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA : Section 1. The foregoing “WHEREAS” clauses are hereby certified as being true and correct and are incorporated herein by this reference Section 2. Section 18-172 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-172. Buy back of service. Re-employment (a) . When any former police officer of the city is re-employed, he or she will become a member of the plan upon re-employment as a full time permanent 185 of 307 police officer. When a former police officer of the city is re-employed and had withdrawn the contributions previously made to the plan, he or she may reinstate his previous service provided the plan is paid the total amount previously withdrawn (consisting of accumulated member contributions plus any interest previously paid by the plan on those in a lump sumor, effective contributions) within six months of re-employment November 9, 2010, in installment payments over a period of up to five years and the installment payments must begin within six months of re-employmentThe . This total amount is brought forward with interest for the total number of months from the date of withdrawal to the date of repayment, calculated to the nearest month. This calculated If the member amount equals the amount to be repaid to the plan in a lump sum. chooses to pay over time, interest will continue to accrue during the period of repayment. The interest to bring forward the total amount will be at the equivalent compound monthly rate derived from the earning rate assumed by the actuary in the most recent actuarial valuation submitted to the Division of Retirement pursuant to F.S. No credit shall be given for any service until all years of Chapter 112, Part VII. service which are to be repurchased, have been repurchased. Prior police officer service (b) . Unless otherwise prohibited by law, the years or fractional parts of years that a police officer previously served as a police officer for any other municipal, county, state or federal police department or service in the military shall be added to the years of credited service provided that: (1) The police officer contributes to the fund the sum that would have been contributed, based on the police officer’s salary and the employee contribution rate in effect at the time that the credited service is requested, had the police officer been a member of this system for the years or fractional parts of years for which the credit is requested plus amount actuarially determined such that the crediting of service does not result in any cost to the fund plus payment of 186 of 307 costs for all professional services rendered to the Board in connection with the purchase of years of credited service. (2) Payment by the police officer of the requirement amount may be made within six months of the request for credit and in one lump sum payment, or the police officer can buy back this time over a period equal to the length of time being purchased or five years, whichever is greater, at an interest rate which is equal to the fund’s actuarial assumption. A police officer may request to purchase a maximum of five years of service. No credit shall be given for any service until all years of service which are to be repurchased, have been repurchased. (3) The credit purchased under this section shall count for benefit computation purposes, but not for vesting. (4) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state police department, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan. This subparagraph does not apply to military service. Section 3. Section 18-175 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-175. Deferred retirement option plan . * * * (j) Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: * * * (2) Payments may be made in the following ways: Lump sum a. . The entire account balance will be paid or on behalf of to the retirant upon approval of the Board of Trustees. 187 of 307 Installments b. . The account balance will be paid out to the retirant in five equal annual payments paid over five years, the first payment to be made upon approval of the Board of Trustees. Monthly installments c. . The account balance will be paid out to the retirant on a monthly basis until the account balance is paid out based on actuarial tables provided by the actuary. d. Partial lump sum withdrawals. Part of the account balance will be paid to or on behalf of the retirant upon approval of the Trustees. Section 4. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article” or such other word or phrase in order to accomplish such intention. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 7. This Ordinance shall become effective when the following have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; (b) when the foregoing changes to the pension plan investment policy benefits have been accepted by the collective bargaining unit(s) representing the Police Officer Employees, or their successor, and documentation has been received evidencing no objection thereto; and 188 of 307 (c) when the amendments have been sent to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. FIRST READING THIS DAY OF , 2010. SECOND, FINAL READING and PASSAGE THIS DAY OF , 2010 CITY OF BOYNTON BEACH, FLORIDA Mayor – Jose Rodriguez Vice Mayor – Marlene Ross Commissioner – William Orlove Commissioner – Woodrow L. Hay Commissioner – Steven Holzman ATTEST: Janet M. Prainito, MMC, CITY CLERK (Corporate Seal) 189 of 307 190 of 307 191 of 307 192 of 307 13. B LEGAL March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:PROPOSED ORDINANCE NO. 11-012 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Amending attendance requirements of the Financial Advisory Committee ER: The Financial Advisory Committee has requested that the City XPLANATION OF EQUEST Commission consider an amendment to the current attendance requirement which reads as follows: (More than four meetings per year). 2-243 (d) Reappointment, Removal, Vacancy. All members may be reappointed without limitation as to the number of terms served. Members may at the discretion of the City Commission be removed with or without cause. A member shall be removed without action of the City Commission for missing more than four 4 meetings per year. Members that have been removed for cause may not be reappointed for a period of thirty six 36 months. If there is a vacancy in the membership the City Commission shall appoint a new member to fill the vacancy Inasmuch as the Financial Advisory Committee has opted to meet more than monthly (they have been meeting bi-weekly) the members of the Committee feel that the current attendance requirement of four meetings per year is restrictive. They have suggested two alternatives that would provide better flexibility, especially if the Financial Advisory Committee opts to continue more frequent meetings than monthly. The draft language maintains the current default language in the event the Financial Advisory Committee reverts to monthly meetings and also provides more flexibility in the event that the Financial Advisory Committee opts to maintain a more frequent schedule. Two individual versions of the Ordinance proposing the changes are attached. The revision option which is chosen will be read on second reading. 193 of 307 Proposed – Alternate based on shifting to consecutive absences or six total in the event the FAC meets more than monthly. 2-243 (d) Reappointment, Removal, Vacancy. All members may be reappointed without limitation as to the number of terms served. Members may at the discretion of the City Commission be removed with or without cause. Based on a monthly meeting schedule, a member shall be removed without action of the City Commission for missing more than four (4) three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets more frequently than once a month, a member will be removed without action of the City Commission for missing the greater of three (3) consecutive meetings or six meetings total in a calendar year. Members that have been removed for cause may not be reappointed for a period of thirty six 36 months. If there is a vacancy in the membership the City Commission shall appoint a new member to fill the vacancy. Proposed – Alternate based on percentage of absence 2-243 (d) Reappointment, Removal, Vacancy. All members may be reappointed without limitation as to the number of terms served. Members may at the discretion of the City Commission be removed with or without cause. Based on a monthly meeting schedule, a member shall be removed without action of the City Commission for missing more than four (4) three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets bi-monthly or more, a member will be removed without action of the City Commission for missing the greater three (3) consecutive meetings or 30% of a bi-monthly meeting schedule. Members that have been removed for cause may not be reappointed for a period of thirty six 36 months. If there is a vacancy in the membership the City Commission shall appoint a new member to fill the vacancy. H? As part of the City staff research on this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES matter, we determined that the attendance requirement for advisory boards is not consistent. Please see a supplemental report showing what other boards must comply with. There is a default ordinance that governs many advisory boards if there is no specific language in the code. The proposed amendment would, in the view of the Financial Advisory Committee, help them more effectively serve the City while providing greater flexibility. FI: None ISCAL MPACT A: Leave the code as is; or one of the two alternatives above. LTERNATIVES 194 of 307 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, "ADMINISTRATION," ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-243(d) OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES AMENDING THE ATTENDANCE REQUIREMENTS OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida established a Financial Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget; and WHEREAS , the Financial Advisory Committee has opted to meet more frequently than a monthly basis (bi-weekly) and the Committee feels that the current attendance requirement of four meetings per year is too restrictive; and WHEREAS , the Financial Advisory Committee has suggested alternate language that would provide better flexibility but would also retain current language in the event the Financial Advisory Committee reverts back to having monthly meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-243(d) of the Boynton Beach Code of Ordinances is hereby amended as follows: ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE Sec. 2-243 Committee Appointment and Membership … 195 of 307 Reappointment, Removal, Vacancy. (d) All members may be reappointed, without limitation as to the number of terms served. Members may, at the discretion of the City Deleted: A Commission, be removed with or without cause. Based on a monthly meeting schedule, a Deleted: four (4) member shall be removed without action of the City Commission for missing more than three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets more frequently than once a month, a member will be removed without action of the City Commission for missing the greater of three (3) consecutive meetings or six (6) meetings total in a calendar year.Members that have been removed for cause may not be reappointed for a period of thirty- six (36) months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. Deleted: FIRST READING this ___ day of ______________, 2011. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Column Break Vice Mayor – Marlene Ross ______________________________ 196 of 307 Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 197 of 307 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, "ADMINISTRATION," ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-243(d) OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES AMENDING THE ATTENDANCE REQUIREMENTS OF THE FINANCIAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida established a Financial Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget; and WHEREAS , the Financial Advisory Committee has opted to meet more frequently than a monthly basis (bi-weekly) and the Committee feels that the current attendance requirement of four meetings per year is too restrictive; and WHEREAS , the Financial Advisory Committee has suggested alternate language that would provide better flexibility but would also retain current language in the event the Financial Advisory Committee reverts back to having monthly meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-243(d) of the Boynton Beach Code of Ordinances is hereby amended as follows: ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE Sec. 2-243 Committee Appointment and Membership … 198 of 307 Reappointment, Removal, Vacancy. (d) All members may be reappointed, without limitation as to the number of terms served. Members may, at the discretion of the City Deleted: A Commission, be removed with or without cause. Based on a monthly meeting schedule, a Deleted: four (4) member shall be removed without action of the City Commission for missing more than three (3) consecutive meetings per year. In the event the Financial Advisory Committee meets bi-monthly or more, a member will be removed without action of the City Commission for missing the greater of three (3) consecutive meetings or thirty percent (30%) of a bi-monthly meeting schedule.Members that have been removed for cause may not be reappointed for a period of thirty-six (36) months. If there is a vacancy in the membership, the City Commission shall appoint a new member to fill the vacancy. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. Deleted: FIRST READING this ___ day of ______________, 2011. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Column Break Vice Mayor – Marlene Ross ______________________________ 199 of 307 Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 200 of 307 201 of 307 202 of 307 203 of 307 204 of 307 13. C LEGAL March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Charter Review Committee timeline and scope of work EQUESTED CTION BY ITY OMMISSION ER: At the February 1, 2011 City Commission meeting, the XPLANATION OF EQUEST Commission directed city staff to bring back for review a suggested timeline and scope of work for the Charter Review. The City Commission suggested that an ad-hoc committee made up of five persons, each nominated from a member of the Commission be appointed. This can be accomplished by each member of the Commission requesting that their nominee fill out and submit an application form. The City Clerk’s Office can modify the present form to adapt for the ad-hoc Charter Review Committee. By way of back background, the last time the full Charter was reviewed was in 2001. The Committee can be provided with external resources available; including the charters of other Palm Beach County cites and the National Civic Leagues Model City Charter. The table of contents of the National Civic League Charter is attached as a reference. The recommended scope of the Ad-Hoc Charter Review Committee is as follows: 1. Review the form and content of each Article of the Charter for possible changes or modifications. 2. Give special attention to the timeline and methodology for establishing City Commission District Boundaries. Specifically, the current Charter requires this to be done every four years using a university. Because detailed census data (block data) is available only once every ten years, the four-year review cycle may be unrealistic. The pros and cons of requiring the use of an outside university to conduct the study should be addressed by the Ad-Hoc Charter Review Committee. For 2011, there is no issue because the 2010 Census data will be available in April 2011. 205 of 307 3. The schedule of elections for the next two years is as follows:  No City of Boynton Beach election in March 2012  Supervisor of Election will have an election November 6, 2012  Supervisor of Election will have an election March 5, 2013 H? Depending on the results of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES recommendations of the Ad-Hoc Charter Review Committee there may be substantive changes to the City structure. FI The 2010 city-wide election cost the City approximately $57,000. It would be a ISCAL MPACT city-wide election for a referendum. In addition there is an estimated cost of about $5,000 for materials, legal notices, copying and printing. The City Attorney has indicated that legal services for the project are covered under the current retainer so there will be no additional cost. A: None. The Commission has already directed that Charter review be conducted; LTERNATIVES all that remains is selection and appointment of the Committee members. 206 of 307 207 of 307 208 of 307 209 of 307 210 of 307 211 of 307 212 of 307 213 of 307 214 of 307 215 of 307 216 of 307 217 of 307 218 of 307 219 of 307 220 of 307 221 of 307 222 of 307 223 of 307 224 of 307 225 of 307 226 of 307 227 of 307 228 of 307 229 of 307 230 of 307 231 of 307 232 of 307 233 of 307 234 of 307 235 of 307 236 of 307 237 of 307 238 of 307 239 of 307 240 of 307 241 of 307 242 of 307 243 of 307 244 of 307 245 of 307 246 of 307 247 of 307 248 of 307 249 of 307 250 of 307 251 of 307 252 of 307 253 of 307 254 of 307 255 of 307 256 of 307 257 of 307 258 of 307 259 of 307 260 of 307 261 of 307 262 of 307 263 of 307 264 of 307 265 of 307 266 of 307 267 of 307 268 of 307 269 of 307 270 of 307 271 of 307 272 of 307 273 of 307 274 of 307 275 of 307 276 of 307 277 of 307 278 of 307 279 of 307 280 of 307 281 of 307 282 of 307 283 of 307 284 of 307 285 of 307 286 of 307 287 of 307 288 of 307 289 of 307 290 of 307 291 of 307 292 of 307 293 of 307 294 of 307 14. A FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Discussion of local transportation options including review EQUESTED CTION BY ITY OMMISSION of Wellington alternative transportation program - 4/5/11 ER: Status report on comparative research done with the Wellington XPLANATION OF EQUEST Para-Taxi Program, the current Shopper Hopper and other program options related to transportation coordination with Palm-Tran, Tri-Rail and other transportation services funded by non-profits. H? Budget constraints require that the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Shopper Hopper program be evaluated for effectiveness each year. Other communities have been experimenting with taxi subsidy programs and other specialized transportation programs to meet the needs of citizens that might not be available through conventional means. FI: ISCAL MPACT A: LTERNATIVES 295 of 307 14. B FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Recommendation from Purchasing for Engineering Task EQUESTED CTION BY ITY OMMISSION Order RFQ - 4/5/11 ER: The Utilities Department along with the Recreation/Parks XPLANATION OF EQUEST Department have solicited an RFQ to consultant firms, having a favorable local and/or national reputation to provide general Consulting and Engineering Services to the City for assignments logically tied to the development, operation, and maintenance of the City. This work may include design services, design-build services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission, and reclaimed water transmission and distribution; and Civil works. In addition, the work may include architectural and landscape design services for parks, public spaces, and recreation facilities. The City expects to select and negotiate a contract with only the most highly qualified firm, as determined through this selection process, for each scope of work as follows:  SCOPE A: WATER PLANT MODIFICATIONS AND CAPACITY EVALUATION WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES  SCOPE B: INFRASTRUCTURE IMPROVEMENTS  SCOPE C: ANCILLARY STUDIES AND SERVICES  SCOPE D: MAPPING AND SURVEYING SERVICES  SCOPE E: ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 296 of 307 FI: ISCAL MPACT A: LTERNATIVES 297 of 307 14. C FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Follow-up on Joint City/CRA Downtown Workshop of EQUESTED CTION BY ITY OMMISSION 2/17/11 - Tentative April 5, 2011. ER: As a follow-up to the February 17, 2011 workshop, City and CRA XPLANATION OF EQUEST staff will be working (with Chamber of Commerce involvement) on development of an options matrix or other decision tool for City Hall, Old High School, Police Facility. Staff will be following up also with the HOB presentation and the visual arts presentation. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 298 of 307 14. D FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:City of Boynton Beach Green Building Program Ordinance EQUESTED CTION BY ITY OMMISSION - 4/5/11 ER: The proposed Green Building Program furthers the approved XPLANATION OF EQUEST Climate Action Plan initiatives 4.5.2 Sustainable Construction, and 4.5 Land Use and Development, by incentivizing Commercial and Residential properties within the City limits of Boynton Beach to voluntarily participate in the program, achieving greater energy and water conservation efficiencies than required by the current Florida Building Code. The program will be administered through the Department of Development. This program will achieve both Community-wide and City Operations energy and water reduction benefits. Water and wastewater conservation efforts will forestall the construction of projected water generation and waste water purification needs, and reduce the overall cost of water energy delivery to the Citizens of Boynton Beach. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 299 of 307 14. E FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Climate Action Plan Implementation Status Report - 4/5/11 EQUESTED CTION BY ITY OMMISSION ER: Per section 4.1.5 of the Climate Action Plan, adopted by the City XPLANATION OF EQUEST Commission through Resolution No. R10-150, the Sustainability Team will meet quarterly to evaluate the effectiveness of the City’s operations and policies (implementation strategies) on energy conservation and sustainability and provide a status report to the City Commission, on a quarterly basis. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 300 of 307 14. F FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Sister Cities Presentation - 4/19/11 EQUESTED CTION BY ITY OMMISSION ER: Follow-up presentation by the Committee to the City Commission XPLANATION OF EQUEST on accomplishments, plans and level of participation requested of City. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 301 of 307 14. G FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Report and recommendation on Old High School EQUESTED CTION BY ITY OMMISSION Feasibility Study by REG Architects and Staff - 4/19/11 ER: XPLANATION OF EQUEST Program Update: Staff to develop project website by 2/25/11: Website to contain: 1) background/history of project; 2) document archives (reports relating to project); 3) announcements and events relating to the project; 4) link to the survey; and 5) post public engagement session information. Launch project survey by 2/25/11- to be available on line and in paper form – survey will be available to public for 30 days for completion. Preliminary Building Assessment Report received by REG – report identifies initial stabilization costs – report will be posted on new project website by 2/25/11. Public Engagement Session date set for Saturday, March 26, 2011 – Library Program Room, 10am-3pm; event will be posted on website in addition to press release. March, 2011 – analyze survey results; conduct public engagement session, identify prospective uses, evaluate funding mechanisms; develop business plan and present to City Commission in April, 2011. 302 of 307 REG Anticipates presenting final report and business plan to City Commission in April, 2011. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 303 of 307 14. H FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Appointment and Swearing in of Vice Mayor - 4/19/11 EQUESTED CTION BY ITY OMMISSION ER: In accordance with Chapter 2, Administration, Sec. 2-1.2 of the XPLANATION OF EQUEST City of Boynton Beach Code of Ordinances, the City Commission is required to appoint one of its members to serve as Vice Mayor. Any member who has not previously served as Vice Mayor during his/her current term of office may be selected to serve as Vice Mayor. Per the Code, this must take place at the second regular City Commission meeting following the swearing in of the newly elected officers: Sec. 2-1.2. Vice –Mayor Appointment At the second regular City Commission meeting following the swearing in of newly elected officers, the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice-Mayor. No second of nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one, there is another round of voting but the nominee with the least number of votes does not move on to round two. If there are four nominees in round one, the nominee with the most votes wins. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee appointed by acclamation without the necessity of a vote. §§ (Ord. No. 03-063, 1, 12-16-03; Ord. No. 08-005, 3, 4-1-08) H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 304 of 307 FI: ISCAL MPACT A: LTERNATIVES 305 of 307 14. I FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Bids for replacement of Intracoastal Sanitary Sewer Force EQUESTED CTION BY ITY OMMISSION Main - 5/03/11 ER: The utility has a force main running from the St Andrews site under XPLANATION OF EQUEST the Intracoastal to Jaycee Park. The main was originally installed in 1983 but in January 2009 we had a break in the line near the surface on the east side by St Andrews. There have been two subsequent smaller breaks with the last being in January of this year. The City has engaged an engineering firm, Brown & Caldwell, to design and permit a replacement line. Design and bid documents have been completed. Staff expects to put the project out to bid around March 1, 2011 with a possible request for Commission approval on April 15, 2011. Staff is still waiting for St Andrews to grant us a construction easement as they wish to avoid disruption on the golf course during their peak season. Florida Department of Environmental Protection (FDEP) is requesting detailed information on the progress of this project as they would like it to be completed as soon as possible. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 306 of 307 14. J FUTURE AGENDA ITEMS March 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 15, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Discussion of a proposed committee to be assigned to EQUESTED CTION BY ITY OMMISSION explore a Green Market for the City of Boynton Beach in 2011 - TBD ER: The City Commission originally discussed this matter at the XPLANATION OF EQUEST November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market th Program outlined at their meeting of December 14. The CRA Board authorized the use of a consultant for a limited feasibility study with active participation of City and CRA staff in data gathering and discussion. H? Unknown at this time. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth ISCAL MPACT and Port St. Lucie Green Markets should be obtained. A: Information LTERNATIVES 307 of 307