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Agenda 05-03-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MAY 3, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large William Orlove Vice Mayor – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 354 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman 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. Proclaim May 15th - May 21st, 2011 as National Public Works Week . Accepting the proclamation is Jeff Livergood, Director of Public Works and Engineering B. Proclaim May as Haitian Heritage Month. The proclamation will be accepted by Chairman Bito David, Vice Chairman, Major Bernadel and Secretary Dr. Aurora Francois of the Executive Committee for Haitian Heritage Month. C. Proclaim May as National Mental Health Month. Accepting proclamation is Ms. Gerda Klein of the Boynton Beach Mental Health Initiative (BBMHI). D. Announce the Movies on the Ave film for May 6, 2011. E. Announce the Ocean Avenue Concert for May 20, 2011. F. Proclaim Thursday, May 5, 2011 as the National Day of Prayer. Proclamation will be accepted by the City of Boynton Beach Fire Department Pastor Chuck Brannon. G. Update on progress of the Greater Boynton Beach Foundation H. Proclaim the week of May 1st through May 7th, 2011 as Municipal Clerk's Week. Janet Prainito, Master Municipal Clerk for the City of Boynton Beach will be present to accept the Proclamation. 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) 3 of 354 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission Budget Workshop meetings held on July 19, 20, 21, 2010 B. Accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the six (6) month period ended March 31, 2011. C. Award the "TWO YEAR CONTRACT FOR DIESEL / PROPANE GENERATOR AND BY-PASS PUMP MAINTNENANCE AND REPAIR SERVICE", Bid # 027-2821- 11/JMA to Advance Generator Sales and Service, Inc. of Royal Palm Beach, Florida for an estimated amount of $76,500 / annum. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R11-053 A. - (1) Approve a contract with Intercounty Engineering, Inc. of Pompano Beach, Florida for the Force Main Replacement for Lift Station No. 102, Bid No. 038-2821-11/CJD in the amount of $224,289.05 ; and (2) Authorize an additional 10% contingency of $22,428.90, 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 the Code Compliance Board's reduction of lien in Code Compliance Case 10- 1826 as noted in the enclosed Lien Modification Order (City's Exhibit "A") filed January 3, 2011 to the administrative costs of $634.12. B. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A") in Case 09-3367 filed March 21, 2011 to reduce the fines in this case to an amount of $33,000. C. Approve or modify the actions of the Code Compliance Board as specified in the Lien Modification Order filed on March 21, 2011 (City's Exhibit "A") for Case 09-3554. D. Approve or modify the action taken by the Code Compliance Board at their February 16, 2011 Lien Modification Hearing in Case 09-2520 and stated in the Lien Modification Order filed March 21, 2011 (Exhibit "A"). 4 of 354 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 Loc al Planning Agency and City Commission. None 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Review Request to Reduce City Commission Salary and/or Expenses for Fiscal Year 2011-12. 13. LEGAL PROPOSED ORDINANCE NO. 11-008 - SECOND READING A. - 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. (TO BE CONSIDERED ON MAY 17, 2011) Applicant: City initiated. PROPOSED ORDINANCE NO. 11-015 - SECOND READING B. - Approve the recommended revisions to the City of Boynton Beach Personnel Policy Manual (PPM). The revisions to the PPM update the manual so that it properly reflects the intent and purposes of the current City personnel programs, eliminates outdated TABLED ON 4/27/11 policies and provides flexibility to management - 14. FUTURE AGENDA ITEMS A. Discussion regarding Economic Development , incentives and allocation of funding for the City of Boynton Beach - 5/17/11 B. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 5/17/11 C. Staff report in response to Code of Ordinance restrictions for vehicle size in residential districts - 5/17/11 D. Follow-up on Downtown Redevelopment Workshop - 5/17/11. E. Naming opportunities for the Congress Avenue Barrier Free Park - 5/17/11 5 of 354 F. Report on the renaming requests for the Boynton Beach Child Care Center, Boat Club Park, Jaycee Park and Veteran's Park - 6/7/11 G. Continued discussion on development of Dog Park - 7/19/11 H. Two year contract for general consulting and engineering services for the City of Boynton Beach - TBD I. 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 354 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 03, 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 thst RACC: Proclaim May 15 - May 21, 2011 as National Public EQUESTED CTION BY ITY OMMISSION Works Week . Accepting the proclamation is Jeff Livergood, Director of Public Works and Engineering ER: National Public Works Week is scheduled to occur during the week XPLANATION OF EQUEST thst of May 15 through May 21, 2011. This year’s theme “Public Works: Serving you and your Community”, celebrates the hard work and dedication of the many Public Works professionals throughout the world. H? It is an opportunity to promote the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES diversity of Public Works and Utilities for the positive impact of Public Works services to the community. FI: N/A ISCAL MPACT A: Not approve the Proclamation. LTERNATIVES 7 of 354 Proclamation public works services provided in our community are an integral part of Whereas , our citizens’ everyday lives; and the support of an understanding and informed citizenry is vital to the Whereas , efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, forestry & grounds, fleet maintenance, water and sewers and the health, safety, and comfort of this community greatly depends on Whereas , these facilities and services; and the quality and effectiveness of these facilities, as well as their planning, Whereas , design, and construction, is vitally dependent upon the efforts and skill of public works and Utilities officials; and the efficiency of the qualified and dedicated personnel who staff public Whereas , works and utilities departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform. this year’s theme “Public Works: Serving you and your community”, Whereas , as we celebrate the hard work and dedication of the many public works employees throughout the world. I, Jose Rodriguez, by virtue of the authority vested in me as Now, Therefore , Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of May 15 – 21, 2011 as “NATIONAL PUBLIC WORKS WEEK” in the City of Boynton Beach, and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and utilities and to recognize the contributions which public works and utilities officials make every day to our health, safety, comfort, and quality of life. I have hereunto set my hand and caused the Seal of the In Witness Whereof , City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of May, Two Thousand Eleven. ________________________________ Jose Rodriguez, Mayor City of Boynton Beach ATTEST: ______________________ City Clerk 8 of 354 (Corporate Seal) 9 of 354 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 May as Haitian Heritage Month. The EQUESTED CTION BY ITY OMMISSION proclamation will be accepted by Chairman Bito David, Vice Chairman, Major Bernadel and Secretary Dr. Aurora Francois of the Executive Committee for Haitian Heritage Month. ER: For the past 10 years, the Haitian community in Palm Beach XPLANATION OF EQUEST County has commemorated Haitian Flag Day on May 18th with educational, instructional and cultural activities promoting its history, traditions and culture. The Palm Beach County Haitian Heritage Month Celebration Planning Committee has requested this Proclamation as part of a ceremony planned in Boynton Beach. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the contributions of the Haitian community in Boynton Beach. FI: None ISCAL MPACT A: Not present Proclamation commemorating May as Haitian Heritage Month. LTERNATIVES 10 of 354 Haitian Heritage Month Proclamation The month of May is an important time for members of the Haitian community. It marks the anniversaries of the birth of Toussaint Louverture, one of the leaders of the Haitian Revolution, the historic congress that united black and mulatto officials for the Haitian Independence War and the creation of the flag of the Republic. The Haitian-American community has contributed greatly to the vitality of Palm Beach County. The Haitian community of Boynton Beach has established and distinguished itself through the efforts of many community organizations, businesses and community participation. The Haitian population in South Florida joins together during the month of May to commemorate their “Flag Day” and celebrate their historical and cultural identity. The City of Boynton Beach believes it is appropriate to promote awareness and understanding of cultural diversity in our society and shares with the Haitian community the belief that the contributions and participation of all people from all cultures and backgrounds is what makes Boynton Beach a great city. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of May 2011, as Haitian Heritage Month and urge all citizens to observe and participate in the activities associated with this celebration. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, rd Florida, to be affixed at Boynton Beach, Florida, the 3 day of May Two Thousand and eleven. 11 of 354 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 May as National Mental Health Month. EQUESTED CTION BY ITY OMMISSION Accepting proclamation is Ms. Gerda Klein of the Boynton Beach Mental Health Initiative (BBMHI). ER: In Florida, nearly 8 percent of the population suffers from some XPLANATION OF EQUEST form of mental illness, which can seriously affect a person’s thinking, mood and behavior. A wide variety of treatment is available. Yet, despite Florida’s status as the fourth largest state in thth the U.S., per capita funding for mental health and substance abuse is ranked 48 and 37 respectively in the nation, which is why organizations such as the Boynton Beach Mental Health Initiative are vital to the community. The month of May is traditionally set aside to focus attention on mental health issues. H? This proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of mental health issues and the availability of treatment to eradicate the stigma associated with these afflictions. FI: None ISCAL MPACT A: Not present proclamation. LTERNATIVES 12 of 354 PROCLAMATION Good physical and mental health is essential to a person’s overall well-being. Therefore, like any physical ailment, mental illness also requires urgent and sensitive care. Unfortunately, the stigma sometimes surrounding mental illness can prevent people from seeking the medical attention they need. When left untreated, these illnesses can seriously alter a person’s thinking, mood and behavior, which can potentially disrupt work, damage relationships and destroy lives. In Florida today, nearly 8 percent of the population suffers from a mental illness, such as schizophrenia, bipolar disorder, depression and anxiety disorder. These afflictions know no racial, ethnic or social boundaries and affect both young and old alike. For those experiencing mental health problems, a wide variety of treatments exist. Yet despite Florida’s status as the fourth largest state in the I.S., per capita funding for mental thth health and substance abuse is ranked 48 and 37 respectively in the nation. Prevention and intervention help reduce the impact of serious mental health illness, and early recognition and treatment increase the probability of recovery and the ability to lead a normal life, which is why the outreach provided by grassroots organizations such as the Boynton Beach Mental Health Initiative are important to the community. Over the past year, BBMHI has focused on making a positive impact on residents and families in the City and in the greater Boynton Beach area – while working to break the barriers to overcoming the stigma of mental illness. Mow therefore, I, Jose Rodriquez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 2011 as: NATIONAL MENTAL HEALTH MONTH And urge all citizens to promote wellness by showing compassion and encouragement to those who live with mental illness. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton rd Beach, Florida, to be affixed at Boynton Beach, Florida, the 3 day of May, Two Thousand and eleven. 13 of 354 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 the Movies on the Ave film for May 6, 2011. EQUESTED CTION BY ITY OMMISSION ER: Friday, May 6, 2011 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST SECRETARIAT - PG. Boynton Beach will present a Movies on the Ave film screening, featuring This FREE event will take place from 8:00 to 10:00 at the Ocean Avenue Amphitheatre next to the PM PM Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Ladies please wear your “Kentucky Derby Hats”. Snack and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 14 of 354 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 the Ocean Avenue Concert for May 20, 2011. EQUESTED CTION BY ITY OMMISSION ER: Friday, May 20, 2011 On , the Boynton Beach CRA and the City of XPLANATION OF EQUEST The Ocoee Boynton Beach will present an Ocean Avenue Concert, featuring the country sounds of River Band. This FREE concert will take place from 6:00 to 9:00 at the Ocean Avenue PM PM Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and Drinks will be available for purchase. Please bring your folding chairs and be prepared to dance the night away. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 15 of 354 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 Thursday, May 5, 2011 as the National Day of EQUESTED CTION BY ITY OMMISSION Prayer. Proclamation will be accepted by the City of Boynton Beach Fire Department Pastor Chuck Brannon. § ER: National Day of Prayer (36 U.S.C. 119) is a day designated by XPLANATION OF EQUEST the United States Congress when people are asked “to turn to God in prayer and meditation.” The law formalizing its observance was enacted in 1952. That year, President Harry S. Truman signed a bill proclaiming a National Day of Prayer must be declared by each following president at an appropriate date of his choice. In 1982, a National Prayer Committee formed to coordinate and implement a fixed commemorated day of prayer. In 1988, the law was amended so that the National Day of Prayer would be held on the first Thursday of May. A stated intention of the National Day of Prayer was that it would be a day when adherents of all great religions could unite in prayer. This year the City of Boynton Beach will be hosting a National Day of Prayer in the City Hall th Commission Chambers on May 5 at 12:00 p.m. (Noon). Pastor Chuck Brannon of the Boynton Beach Fire Department will be facilitating. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not permit proclamation. LTERNATIVES 16 of 354 PROCLAMATION NATIONAL DAY OF PRAYER WHEREAS Prayer has helped pull people through struggles and fears of every kind. It also serves as a way to express love, gratitude and concern, whether in private of among family and friends. WHEREAS Throughout our nation’s history, leaders have urged citizens of faith to pray for our land and those who defend our freedoms at home and abroad. For many in Boynton Beach, prayer is an important part of their daily lives. Today, we join with people across our country in uniting in a National Day of Prayer. WHEREAS Churches, synagogues, temples, mosques, at home or other hallowed places all provide sanctuaries in which to commune with God. In these prayers, may we remember loved ones, our communities, our troops, people and families in need and especially our hard- working friends and neighbors who are struggling during these challenging economic times. NOW , therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 5, 2011 as National Day of Prayer And urge all citizens to worship as their conscience dictates. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton rd Beach, Florida, to be affixed at Boynton Beach, Florida, the 3 day of May, Two Thousand and Eleven. 17 of 354 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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: Update on progress of the Greater Boynton Beach EQUESTED CTION BY ITY OMMISSION Foundation ER: Commissioner Holzman has requested an update on the status XPLANATION OF EQUEST and progress of the Greater Boynton Beach Foundation. Staff and foundation consultant, Charlotte Pelton of Charlotte Pelton & Associates will present a brief report on the accomplishments of the foundation to date. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 18 of 354 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 th RACC: Proclaim the week of May 1st through May 7, 2011 as EQUESTED CTION BY ITY OMMISSION Municipal Clerk's Week. Janet Prainito, Master Municipal Clerk for the City of Boynton Beach will be present to accept the Proclamation. ER: In 1969, the International Institute of Municipal Clerks (IIMC) XPLANATION OF EQUEST initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government. The City Clerk’s office helps to administer the laws and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector. H? This proclamation will provide awareness OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of the City Clerk’s office and its function in local government to provide and maintain information for the citizens, other departments and the Commission. FI: None ISCAL MPACT A: Do not present the proclamation. LTERNATIVES 19 of 354 Proclamation Whereas , The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and Whereas , The Office of the Municipal Clerk is the oldest among public servants, and Whereas , The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and Whereas , Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas , The Municipal Clerk serves as the information center on functions of local government and community. Whereas , Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. Whereas , it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. Now, Therefore, I , Jose Rodriguez, Mayor of the City of Boynton Beach, do recognize the week of May 1 through May 7, 2011, as Municipal Clerks Week , and further extend appreciation to our Municipal Clerk, Janet Prainito and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. In witness thereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, this 3rd day of May in the year 2011. ____________________________________ Jose Rodriguez, Mayor Attest: ____________________________ Janet M. Prainito, MMC (Corporate Seal) 20 of 354 5. A ADMINISTRATIVE May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 21 of 354 22 of 354 6. A CONSENT AGENDA May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 Budget EQUESTED CTION BY ITY OMMISSION Workshop meetings held on July 19, 20, 21, 2010 The City Commission met on July 19, 20 and 21, 2010 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 23 of 354 24 of 354 25 of 354 26 of 354 27 of 354 28 of 354 29 of 354 30 of 354 31 of 354 32 of 354 33 of 354 34 of 354 35 of 354 36 of 354 37 of 354 38 of 354 39 of 354 40 of 354 41 of 354 42 of 354 43 of 354 44 of 354 45 of 354 46 of 354 47 of 354 48 of 354 49 of 354 50 of 354 51 of 354 52 of 354 53 of 354 54 of 354 55 of 354 56 of 354 57 of 354 58 of 354 59 of 354 60 of 354 61 of 354 62 of 354 63 of 354 64 of 354 65 of 354 66 of 354 67 of 354 68 of 354 69 of 354 70 of 354 71 of 354 72 of 354 73 of 354 74 of 354 75 of 354 76 of 354 77 of 354 78 of 354 79 of 354 80 of 354 81 of 354 82 of 354 83 of 354 84 of 354 85 of 354 86 of 354 87 of 354 88 of 354 89 of 354 6. B CONSENT AGENDA May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 FY 2010 -11 Budget Status Report of General EQUESTED CTION BY ITY OMMISSION Fund & Utility Fund Revenues & Expenditures for the six (6) month period ended March 31, 2011. ER: This report analyzes actual revenues and expenditures of the City’s XPLANATION OF EQUEST General Fund and Utility Fund for the six month period ended March 31, 2011 (50% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FI: The actual budgetary results to date follow for each fund. ISCAL MPACT 90 of 354 GENERAL FUND The FY 2011 budget of $68.5 million represents a 3% decrease from the FY 2010 budget of $70.5 million. However, in order to balance the budget in FY 2011, it required transfers from other funds of $27.0 million representing 39% of all fund sources. This transfer to balance the budget has increased from $4.3 million just four years ago as property taxes declined from $32.1 million to $22.1 million in the same four years. Results for the six months (50% point) in FY 2011 are summarized as follows.  Revenues and transfers realized are $43.7 million (64%) of the budget estimate.  Expenditures incurred are $33.8 million (49%) of the annual appropriated budget. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 43,75064%$ 70,517$ 45,649 65%-3%-4% Expenditures$ (68,551)$ (33,799)49%$ (70,517)$ (31,129)44%-3%9% Excess (Deficit)$ -$ 9,951$ -$ 14,520 The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $43.7 million received to date, we are behind by $2.0 million (1%) for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 32% - $ 22.1 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus proportionally over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. Net taxes equal 88% received to date in both years. 2. 40% - $ 27.0 M – Transfers from other funds. Current practice is to make 1/12 of these funding sources available to the General Fund monthly. 3. 28% - $ 19.4 M – We monitor other revenues comparing to last year. Major revenues are on track with the exception of franchise fees from FP&L. 100% - $ 68.5 M – Total funding sources Expenditures (Exhibit B) – General Fund expenditures for the six month period ended March 31 (50% of the fiscal year) are $33.8 million (49%) of the $68.5 million expenditure appropriation for FY 2011. The current appropriation represents a 3% decrease of $2 million compared to FY 2010. 91 of 354 The table at the top of Exhibit B displays actual expenditures of $33.8 million. We are moderately ahead in spending compared to the $31.1 million actual spending levels in FY 2010 for this same period. Paying the Annual Required Contribution (ARC) for the City’s share of pension costs on a monthly basis this year (FY 2011) in order to save interest versus paying the ARC at year end in FY 2010 is the major reason for the increase. This change in practice impacts Police and Fire to a greater extent. Subject to available cash flow, we are considering paying the ARC at the beginning of the year in FY 2012 in order to completely eliminate the interest charge from all three pension plans. . UTILITY FUND The FY 2011 annual expenditure budget of $31.9 million represents a 1.5% decrease from the FY 2010 budget of $32.4 million. At the same time, the operational forecast may yield an estimated $4.3 million fund balance increase for the year based on the approved budget. For the six months in FY 2011,  Revenues realized are $17.0 million (53%) of the annual budget estimate.  Expenditures incurred are $15.8 million (49%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1.2 million. FY 2011 vs. 2010 FY 2011FY 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967$ 17,06753%$ 32,465$ 16,76452%-2%2% Expenditures$ (31,967)$ (15,799)49%$ (32,465)$ (14,864)46%-2%6% Excess (Deficit)$ -$ 1,268$ -$ 1,900 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $17.0 million in FY 2011 revenues and fund balance increase are slightly ahead of the $16.7 million to date in FY 2010, because of two factors:  Water Sales - $8.9 million equivalent to 53% of the annual estimate, compared to $8.3 million (54%) at this point in FY2010.  In FY2011, $4.3 million is being recognized as added revenues to fund balance, compared to added revenues of $2.4 million in FY2010. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $15.8 million or 49% of the annual appropriation compared to expenditures of $14.8 million or 46% for the prior fiscal year. A: Discuss this Report or request clarification at the Commission meeting. LTERNATIVES 92 of 354 93 of 354 94 of 354 95 of 354 96 of 354 6. C CONSENT AGENDA May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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: Award the "TWO YEAR CONTRACT FOR DIESEL / EQUESTED CTION BY ITY OMMISSION PROPANE GENERATOR AND BY-PASS PUMP MAINTNENANCE AND REPAIR SERVICE", Bid # 027-2821-11/JMA to Advance Generator Sales and Service, Inc. of Royal Palm Beach, Florida for an estimated amount of $76,500 / annum. CP:M4,2011M3,2013. The City may renew the contract, at the same terms, ONTRACT ERIOD AY TO AY conditions, and prices for two (2) one (1) year extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. ER: On March 2, 2011, Procurement Services received and opened six (6) XPLANATION OF EQUEST proposals. The proposals were reviewed by the Utilities and Facilities Departments, and it was determined that Advance Generator Sales and Service was the lowest, most responsive, responsible bidder who met all of the requirements. It should be noted that the current vendor, Advanced Generator Sales and Service, did not participate in the mandatory site inspection following the mandatory pre-bid conference. After consultation with the Utilities and Facilities Departments, it was decided that the site inspection would be redundant for the current vendor. Advanced Generator Sales and Service is the current contractor and have proven to be a responsible and capable vendor and have performed satisfactorily. H? The purpose of this bid is to ensure that the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES stand-by emergency generators and pumps used by the City are properly maintained and repaired and that the City meets all the reporting requirements of the National Emissions Standards for Hazardous Air Pollutants General Provisions, 40 CFR part 63, Subpart A. The bid will secure prices for the period of two years for all routine maintenance, emergency repairs and emissions reporting for all of the equipment located throughout the City. Provisions of the bid will allow renewal of the contract at the 97 of 354 same terms and conditions and prices for two (2) additional one year extensions subject to satisfactory performance, vendor acceptance and determination that renewal will be in the best interest of the City. FI: ISCAL MPACT Account # Estimated Expenditure 001-2511-519-46.25 $18,000 Facilities 401-2811-536-46.20 $22,000 Utilities 401-2816-536-46.20 $35,000 Utilities 401-2824-536-46.20 $ 1,500 Utilities Total $76,500 per Annum This is an increase of $5,500 from the previous budget and allows for costs associated with additional equipment and with the mandates under the National Emissions Standards for Hazardous Air Pollutants General Provisions, 40 CFR part 63, Subpart A Last Year’s Expenditure: Facilities FY 09/10 $ 10,555.87 Utilities FY 09/10 $ 55,649.00 TOTAL $ 66,204.87 A: It is imperative that the City has reliable equipment in place to handle any power LTERNATIVES emergencies in the Utility, at City Hall and at the EOC/ Fire Station 5. 98 of 354 99 of 354 100 of 354 101 of 354 102 of 354 103 of 354 104 of 354 105 of 354 106 of 354 107 of 354 108 of 354 109 of 354 110 of 354 111 of 354 112 of 354 113 of 354 114 of 354 115 of 354 116 of 354 117 of 354 118 of 354 119 of 354 120 of 354 121 of 354 122 of 354 123 of 354 124 of 354 125 of 354 126 of 354 127 of 354 128 of 354 129 of 354 130 of 354 131 of 354 132 of 354 133 of 354 134 of 354 135 of 354 136 of 354 7. A BIDS AND PURCHASES OVER $100,000 May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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. R11-053 - (1) Approve a EQUESTED CTION BY ITY OMMISSION contract with Intercounty Engineering, Inc. of Pompano Beach, Florida for the Force Main Replacement for Lift Station No. 102, Bid No. 038-2821-11/CJD in the amount of $224,289.05 ; and (2) Authorize an additional 10% contingency of $22,428.90, 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 Force Main Replacement for Lift Station No. 102. Bid proposals were received and opened on March 30, 2011. Intercounty Engineering, Inc. was the only bidder. The Engineer of Record for the project, Brown and Caldwell, contacted the other planholders, and the other contractors declined to bid based upon the complexity and short duration for the construction of the project. The Utilities Department and Brown and Caldwell recommend awarding the contract to Intercounty Engineering, Inc. Attached are the bid tabulation spreadsheet from Procurement Services, Brown and Caldwell’s recommendation letter, and Intercounty Engineering, Inc.’s bid. Intercounty Engineering, Inc. submitted a bid of $225,826.00; however, the amount included for General Conditions exceeds the 5% maximum allowed by the Bid Documents. The overage is $1,536.95, which results in a revised bid amount for award of $224,289.05. Brown and Caldwell contacted Intercounty Engineering, Inc. regarding this mathematical error, and Intercounty is in agreement with the revised amount. The scope of work for this project includes construction of approximately 675 linear feet (LF) of 10-inch high-density polyethylene (HDPE) force main pipe by directional bore under the Intracoastal Waterway, from Jaycee Park on the west to Lift Station No. 102 on the east. The 137 of 354 scope of work also includes connection of the new pipe to existing pipes, capping and abandoning the existing force main, testing, environmental protection and erosion control, cleanup, restoration of the work sites on both sides of the Intracoastal Waterway, asphalt overlay, and pavement restoration. H? The new force main will replace the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES existing pipeline under the Intracoastal Waterway, which has reached the end of its useful life. The existing force main has leaked a total of three times, resulting in sewage spills into the Intracoastal. The City is now under increased scrutiny by the Florida Department of Environmental Protection (FDEP). FDEP has stated that fines will be assessed to the City, but are waiting to see if there are any further spills before the pipeline is replaced. Fines for future spills will be $5,000 per day that the City is out of compliance. The Utilities Department is required to send monthly progress reports to the FDEP regarding the replacement of the force main, and we are monitoring the water quality of the Intracoastal on a daily basis. Therefore, the timely construction of this project is critical for the City. Lift Station No. 102 is located in the parking area of St. Andrews Club, and they have granted permission to the City to complete the construction during the off-season summer months. The new force main will provide a sound, reliable solution that will serve the Utilities Department for decades to come. FI: Total authorized funding for the project including a 10% contingency is ISCAL MPACT $246,717.95. Funding is available in Account No. 403-5000-590-96-04 SWR064. A: The implications of another sewage spill into the Intracoastal Waterway would LTERNATIVES have a serious, negative impact on the City. This section of force main needs to be replaced as soon as possible to avoid future regulatory issues and fines, impacts on the environment, and loss of public confidence. Due to the environmental sensitivity and urgency of this project, there is no feasible alternative. 138 of 354 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 FORCE MAIN REPLACEMENT FOR LIFT STATION #102 (BID NO. 038-2821-11/CJD) IN THE AMOUNT OF $224,289.05 PLUS A 10% CONTINGENCY OF $22,428.90 FOR A TOTAL APPROPRIATION OF $246,717.95.00; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 30, 2011 one (1) bid for the Force Main Replacement for Lift Station #102, Bid No. 038-2821-11/CJD, was received and opened by Procurement Services, the Utilities Department and Brown and Caldwell, the engineer of record for the project; and WHEREAS, staff concurs with Brown and Caldwell 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; and WHEREAS, the ten percent (10%) contingency, if needed, is for staff approval of change orders for unforeseen conditions without further approval by the City Commission provided total contract plus contingency is not exceeded. 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 #038-2821-11/CJD to Intercounty Engineering, Inc., for the Force Main Replacement for Lift Station #102. Section 3. The City Manager is authorized to execute a contract with Intercounty Engineering, Inc., in the amount of $224,289.05 plus a 10% contingency of $22,428.90 (the contingency, if needed, is for staff approval of change orders for unforeseen conditions without 139 of 354 further approval by the City Commission provided total contract plus contingency is not exceeded) for a total appropriation of $246,717.95, 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 May, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Jose Rodriguez ______________________________ Marlene Ross ______________________________ William Orlove _______________________________ Woodrow L. Hay _______________________________ Steven Holzman ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 140 of 354 141 of 354 142 of 354 143 of 354 144 of 354 145 of 354 146 of 354 147 of 354 148 of 354 149 of 354 150 of 354 151 of 354 152 of 354 153 of 354 154 of 354 155 of 354 156 of 354 157 of 354 158 of 354 159 of 354 160 of 354 161 of 354 162 of 354 163 of 354 164 of 354 165 of 354 166 of 354 167 of 354 168 of 354 169 of 354 170 of 354 171 of 354 172 of 354 173 of 354 174 of 354 175 of 354 176 of 354 177 of 354 178 of 354 179 of 354 180 of 354 181 of 354 182 of 354 183 of 354 184 of 354 185 of 354 186 of 354 187 of 354 188 of 354 189 of 354 190 of 354 191 of 354 192 of 354 193 of 354 194 of 354 195 of 354 196 of 354 197 of 354 198 of 354 199 of 354 200 of 354 201 of 354 202 of 354 203 of 354 204 of 354 205 of 354 206 of 354 207 of 354 208 of 354 209 of 354 210 of 354 211 of 354 212 of 354 213 of 354 214 of 354 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 Code Compliance Board's reduction of lien in EQUESTED CTION BY ITY OMMISSION Code Compliance Case 10-1826 as noted in the enclosed Lien Modification Order (City's Exhibit "A") filed January 3, 2011 to the administrative costs of $634.12. ER: Pursuant to Chapter 2, Article V of the Boynton Beach Code of XPLANATION OF EQUEST Ordinances the applicant in this case requested this item be considered by the City Commission for final disposition. This lien is the result of failing to obtain a Business Tax Receipt to rent a condominium at 635 Casa Loma Boulevard. As noted in the minutes from the December 20, 2010 Code Compliance Board Hearing (City’s Exhibit “B”) staff recommended a further reduction to an amount of our filing costs of $250.00 due to notification issues although staff followed required procedures, but the motion to go with staff’s recommendation failed 3-2. Subsequently a motion was made to reduce the lien to the administrative costs and ultimately passed by a 4-1 margin. H? No impact as the unit is currently in OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES compliance. FI: Not reducing the lien further would recover all the City’s administrative costs in ISCAL MPACT this case and modifying the reduction to $250.00 would recover our filing fees and associated costs. A: Modify the Board’s decision to reduce the fine to the administrative costs of LTERNATIVES $634.12. 215 of 354 216 of 354 217 of 354 218 of 354 219 of 354 220 of 354 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 or modify the Code Compliance Board's Lien EQUESTED CTION BY ITY OMMISSION Modification Order (City's Exhibit "A") in Case 09-3367 filed March 21, 2011 to reduce the fines in this case to an amount of $33,000. ER: Pursuant to Chapter 2, Article V of the City of Boynton Beach Code XPLANATION OF EQUEST of Ordinances the applicant filed an appeal to the Board’s Lien Modification Order. The basis for their appeal is further described in the applicant’s correspondence with our office and included in the back up as (City’s Exhibit “B”). The applicant represents HSBC Mortgage Services, Inc. in the property subject to our lien involving a vacant home that was in foreclosure. In their appeal and further discussion during the February 16, 2011 Lien Reduction Hearing (minutes attached as City’s Exhibit “C”) the applicant feels their client moved quickly and in good faith with respect to correcting the violations that included securing a swimming pool and registering the property as required by Code. The applicant stated on the record the property came into compliance with our regulations much earlier than staff had documented however no one had notified Code Compliance staff of their actions and therefore the fines continued to accrue at $500.00 per day. Given the testimony of the applicant and the large amount of the fine (almost 200K) the Code Compliance Board inserted the date referenced by the applicant as the compliance date for the purpose of considering the reduction, but chose to not reduce the fine from that amount of $33,000.00. Discussion point number five (5) on the second page of the applicants appeal statement speaks directly to this issue H? The property remains in compliance and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES therefore has no impact on our programs or services. 221 of 354 FI: Our primary concern is compliance and the recovery of our costs and any ISCAL MPACT monies collected over and above that amount ($634.12) would be supplemental. A: Modify the findings of the Compliance Board. LTERNATIVES 222 of 354 223 of 354 224 of 354 225 of 354 226 of 354 227 of 354 228 of 354 8. C CODE COMPLIANCE & LEGAL SETTLEMENTS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 or modify the actions of the Code Compliance EQUESTED CTION BY ITY OMMISSION Board as specified in the Lien Modification Order filed on March 21, 2011 (City's Exhibit "A") for Case 09- 3554. ER: Pursuant to City Ordinance Chapter 2, Section V the applicant in XPLANATION OF EQUEST this case requested this matter be considered by the City Commission as outlined in their March 07, 2011 correspondence (City’s Exhibit “B”). This case involved the requirement for a Business Tax Receipt to rent a single family home located at 801 South Road. You’ll note in the minutes from the February 16, 2011 hearing (City’s Exhibit “C”) there was discussion with respect to the notification procedures and communication between staff and the respondent in terms of when the property came into compliance. It should be noted staff met the requirements of Florida Statute 162 regarding requirements for service. Given the above the Code Compliance Board reduced the fine in this case to an amount of $2,000.00 including administrative costs. The original amount of the fine for this case prior to mitigation was $24,750.00 plus $634.12 in administrative costs. H? The property is currently in compliance OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and therefore won’t impact our programs or services at this time. FI: The reduction recovers staff administrative costs. ISCAL MPACT A: Modify the decision made by the Code Compliance Board. LTERNATIVES 229 of 354 230 of 354 231 of 354 232 of 354 233 of 354 234 of 354 235 of 354 8. D CODE COMPLIANCE & LEGAL SETTLEMENTS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 or modify the action taken by the Code EQUESTED CTION BY ITY OMMISSION Compliance Board at their February 16, 2011 Lien Modification Hearing in Case 09-2520 and stated in the Lien Modification Order filed March 21, 2011 (Exhibit "A"). ER: Pursuant to Chapter 2, Article V of our Code of Ordinances the XPLANATION OF EQUEST applicant in this case requested the matter be considered by the City Commission for final resolution as outlined in their correspondence enclosed as City’s (Exhibit “B”). This case involves violations regarding overgrowth of hedges into the roadway and obstruction of a traffic control device (stop sign). The fine was reduced from $24,750.00 plus administrative costs to an amount of $2,634.12 including the City’s administrative costs. The reduction was based on testimony from the applicant and staff with respect the service of notices and the time of compliance. It should be noted all notices were served in conformance with Florida Statute 162 and due process was observed. H? The violations are in compliance and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES therefore don’t impact programs or services at this time. FI: This reduction recovers staff costs. ISCAL MPACT A: Modify the action taken by the Code Compliance Board. LTERNATIVES 236 of 354 237 of 354 238 of 354 239 of 354 240 of 354 241 of 354 12. A NEW BUSINESS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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: Review Request to Reduce City Commission Salary EQUESTED CTION BY ITY OMMISSION and/or Expenses for Fiscal Year 2011-12. ER: A member of the City Commission has requested that the City XPLANATION OF EQUEST Commission discuss a possible reduction in salary and/or expenses as follows: On October 2009, the salary and expenses for the Mayor and Commission were: Salary Expense Mayor $20,010.02 $7,571.48 City Commission $16,675.72 $7,002.04 In October 2010, following a 6% reduction, the current salary and expenses for the Mayor and City Commission are: Salary Expense Mayor $18,809.42 $7,117.20 City Commission $15,675.18 $6,581.92 A projected further reduction of 8% for October 2011 would result in revised salary and expenses for the Mayor and Commission to be: Salary Expense Mayor $17,304.67 $6,547.83 City Commission $14,421,17 $6,055.37 242 of 354 H? There will be no impact to City programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services. FI: A further reduction of 8% in salary and benefits will save a total of $9,196.36 ISCAL MPACT in the General Fund. A: Leave funding levels at present or further reduction. See data sheet showing LTERNATIVES 2009, 2010 and an 8% or 10% reduction in salary and expenses. 243 of 354 244 of 354 13. A LEGAL May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: MAY 3, 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 - SECOND 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. (TO BE CONSIDERED ON MAY 17, 2011) ER: THIS ITEM WAS TABLED TO APRIL 19, 2011 to allow time to further XPLANATION OF EQUEST 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 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. 245 of 354 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 246 of 354 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11-007 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: March 10, 2011 ND SUBJECT:2 REVIEW - Abandonment of 18.2 foot wide alley (ABAN 11-002) located between st West Ocean Avenue and SW 1 Avenue, and extending to Seacrest Boulevard from nd SW 2 Street. City initiated. This agenda item was before the Board on January 25, 2011. You will recall that Staff recommended approval with one (1) condition, that the abandonment be contingent upon retaining the full width as a nd utility easement, and as an ingress/egress easement only from SW 2 Street to an accessory unit located two (2) lots east at the rear of 222 West Ocean Avenue. An adjacent property owner spoke about liability and maintenance concerns regarding the ingress/egress easement. The Board voted unanimously to approve the alleyway abandonment subject to the staff condition. The issue of liability and maintenance remained unresolved at the time the item was to be placed on the February 15, 2011 City Commission agenda, and it was observed that there is front access from West Ocean Avenue to the accessory dwelling unit. Staff requested that the item be tabled to allow sufficient time to investigate and resolve issues related to the access easement. Staff notified affected property owners and met with them to clarify the issues, and discuss needs and preferences. To date, staff has been contacted by the most affected property owners except the owner of the property with the accessory unit. Therefore, given that the unimproved alley is only being used by one (1) resident (renter of accessory unit), and that conventional access is possible through the front via West Ocean Avenue, staff’s original recommended condition of approval has been modified to omit the access easement provision, leaving only the requirement for a utility easement. The two (2) month tabling was intended to allow the item to return to the Board for consideration of the item with the new information collected and revised th condition of approval. First and second readings are scheduled for City Commission on April 19 and rd May 3, respectively. The remainder of this report is a modified version of the original staff report, updated to only indicate on page #2 the new information regarding the necessity for the access easement, and the corresponding change to the condition of approval. NATURE OF REQUEST Mr. H. David Kelley, Jr., PE/PSM, City Engineer, as agent for the property owner (City of Boynton Beach), is requesting abandonment of an alley right-of-way located between West Ocean Avenue and nd SW 1st Avenue, and extending westward from Seacrest Boulevard to SW 2 Street (see Exhibit “A” – Location Map). The subject property is described as an unimproved alley located south of lots fronting on West Ocean 247 of 354 Avenue and north of lots fronting on SW 1st Avenue (see Exhibit “B”, Blocks 11-12, Boynton Heights), less a 50 foot segment abandoned in 1999 (Ord 99-04). This alley is represented by an 18.2-foot wide strip of land to the rear of 22 residential lots. The 18.2-foot wide strip was intended to be an alley right- of-way but was never improved, or used as an alley (except for the westernmost 200 feet). Utilities exist upon the subject property which, in conjunction with the abandonment, would become a dedicated utility easement. The following is a description of the zoning districts of the properties that surround the subject property to be abandoned: North - Single-family residential lots zoned Single-family Residential (R1-A), and farther north is West Ocean Avenue right-of-way; South - Single- and Two-family residential lots zoned Duplex Residential (R-2), and farther south st is SW 1 Avenue right-of-way; East - South Seacrest Boulevard right-of-way; and farther east is the City Library zoned Recreation (REC); and, nd West - SW 2 Street right-of-way, and farther west are single-family residential lots zoned R1-A. BACKGROUND In November of 1924 the plat of Boynton Heights was recorded (see Exhibit “C”). The plat included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion whenever abandoned by the public or discontinued by law. The subject property is indicated on the plat as an open public area, separate from the adjacent lots. Although the subject property was never used or improved as an alley as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the City Commission. The city-initiated application states the following grounds and reasons for the requested abandonment: (1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of- way; (2) continued City ownership suggests continued responsibility and associated liability; and, (3) staff believes this area will best serve adjacent residents through private ownership. Staff recommends that the City designate the property as a utility easement and continue to provide utility services to the rear of these lots. If abandoned, the subject property will be equally divided and reverted to each adjacent property owner as land to be added to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property. nd An ingress/egress easement, approximately 200 feet in length as measured from SW 2 Street eastward, was previously proposed to provide continued access from the subject alley for an accessory unit located in the rear yard of 222 West Ocean Avenue. However, direct vehicular access from West Ocean Avenue is available to 222 West Ocean Avenue. In addition, all other adjacent property owners that would be affected by the access easement oppose continued access across their property (newly acquired land from abandoned alley). Therefore, staff reconsidered the necessity of the access easement and rear access to 222 West Ocean Avenue, and revised the recommended condition of approval to exclude an ingress/egress easement (see Exhibit “D” – Revised Conditions of Approval). ANALYSIS 248 of 354 Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection with easement Public Works/Utilities - No objection with easement Planning and Zoning - No objection with easement PUBLIC UTILITY COMPANIES Florida Power and Light - No objection with easement Bell South - No response Florida Public Utilities Company - No objection with easement Cable Company (Comcast) - No objection with easement RECOMMENDATION Staff recommends that the request to abandon the alley as described above be approved based on the finding that the alley provides no public purpose, and all existing utilities within the subject property would remain within a dedicated utility easement. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. st S:\Planning\SHARED\WP\PROJECTS\Ocean Ave & SW 1 St ABAN (City Initiated)\Revised Staff Report for 032211.doc 249 of 354 250 of 354 251 of 354 252 of 354 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA st PROJECT NAME: Ocean Ave & SW 1 Ave Alley Abandonment between Seacrest Blvd and SW 2nd St (ABAN 11-002) (City Initiated) APPLICANT’S AGENT: Mr. H. David Kelley, Jr., PE/PSM, City Engineer APPLICANT’S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 st DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2011 (1 Reading) and May nd 3, 2011 (2 Reading) TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as a utility easement. LOCATION OF PROPERTY: Alley Between W Ocean Ave and SW 1st Avenue and between Seacrest Ave nd and SW 2 Street DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ 253 of 354 _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk st S:\Planning\SHARED\WP\PROJECTS\Ocean Ave and SW 1 Ave ABAN 11-002\REVISED DO FOR 032211.doc 254 of 354 EXHIBIT "D" Revised Conditions of Approval st Project name: Ocean Ave and SW 1 Ave Abandonment File number: ABAN 11-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None PUBLIC WORKS – Forestry & Grounds Comments: None PUBLIC WORKS- Traffic Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None RECREATION AND PARKS Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING 255 of 354 DEPARTMENTS INCLUDE REJECT Comments: 1. Alley abandonment is contingent upon retaining the full width (18.2 feet) as a utility easement for all land area abandoned. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. st S:\Planning\SHARED\WP\PROJECTS\Ocean Ave & SW 1 Ave ABAN (City Initiated)\REVISED COA FOR 032211.doc 256 of 354 257 of 354 258 of 354 259 of 354 13. B LEGAL May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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. 11-015 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve the recommended revisions to the City of Boynton Beach Personnel Policy Manual (PPM). The revisions to the PPM update the manual so that it properly reflects the intent and purposes of the current City personnel programs, eliminates outdated policies and provides flexibility to management - TABLED ON 4/27/11 ER: The Personnel Policy Manual’s (PPM) purpose is to provide XPLANATION OF EQUEST guidance for administration of the City’s personnel program. The PPM applies to all classifications, unless the classification is covered by a collective bargaining agreement or appointment letter. In that scenario, if the bargaining agreement or appointment letter does not address a specific issue, then the PPM shall apply. Exhibit A includes:  Summary of changes  PPM (Updated)  PPM (legislative style) H? The amendments to the PPM may affect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES city programs and/or services. The revisions provide additional flexibility to management to reorganize the workforce and modify benefits in order to address revenue shortfalls. A reduction in the workforce subsequently will affect programs and services. FI: The amendments to the PPM will provide management with the flexibility to ISCAL MPACT reduce certain benefits and programs covered by the PPM in times of budget shortfalls. The revisions also include updates to outdated policies. 260 of 354 A: Do not approve the amendments to the PPM and do not provide the flexibility LTERNATIVES to suspend or modify benefits and programs when there are reduced revenues. Additionally policies will not be current. Another alternative is to modify the proposed revisions. 261 of 354 262 of 354 263 of 354 264 of 354 265 of 354 266 of 354 267 of 354 268 of 354 269 of 354 270 of 354 271 of 354 272 of 354 273 of 354 274 of 354 275 of 354 276 of 354 277 of 354 278 of 354 279 of 354 280 of 354 281 of 354 282 of 354 283 of 354 284 of 354 285 of 354 286 of 354 287 of 354 288 of 354 289 of 354 290 of 354 291 of 354 292 of 354 293 of 354 294 of 354 295 of 354 296 of 354 297 of 354 298 of 354 299 of 354 300 of 354 301 of 354 302 of 354 303 of 354 304 of 354 305 of 354 306 of 354 307 of 354 308 of 354 309 of 354 310 of 354 311 of 354 312 of 354 313 of 354 314 of 354 315 of 354 316 of 354 317 of 354 318 of 354 319 of 354 320 of 354 321 of 354 322 of 354 323 of 354 324 of 354 325 of 354 326 of 354 327 of 354 328 of 354 329 of 354 330 of 354 331 of 354 332 of 354 333 of 354 334 of 354 335 of 354 336 of 354 337 of 354 338 of 354 339 of 354 340 of 354 341 of 354 342 of 354 343 of 354 14. A FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 regarding Economic Development , incentives EQUESTED CTION BY ITY OMMISSION and allocation of funding for the City of Boynton Beach - 5/17/11 ER: Per the request of a member of the City Commission at the April 5, XPLANATION OF EQUEST 2011 City Commission meeting, staff will provide a report regarding the current code and proposed incentives and allocation of funding for the City’s Economic Development program. The report will also include options related to reuse or redevelopment of the Boynton Beach Mall area. Portions of this property are currently for sale by the owner. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 344 of 354 14. B FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 - 5/17/11 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 May, 2011. 345 of 354 REG Anticipates presenting final report and business plan to City Commission in May, 2011. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 346 of 354 14. C FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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: Staff report in response to Code of Ordinance restrictions EQUESTED CTION BY ITY OMMISSION for vehicle size in residential districts - 5/17/11 ER: Development staff will provide a follow-up report to the matter XPLANATION OF EQUEST raised by Mr. Michael Wood at the April 5, 2011 City Commission meeting regarding the size of his truck exceeding code restrictions in residential districts. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 347 of 354 14. D FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 Downtown Redevelopment Workshop - EQUESTED CTION BY ITY OMMISSION 5/17/11. th ER: As a follow-up to the CRA meeting of April 12, City and CRA staff XPLANATION OF EQUEST will refine the staff report for follow-up discussion. Included in the final report will be a review of refurbishing the current City Hall/PD building for continued use. This was an additional option discussed at the meeting. This matter was also discussed in detail in 2003 and data from that report will be used/updated. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 348 of 354 14. E FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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: Naming opportunities for the Congress Avenue Barrier EQUESTED CTION BY ITY OMMISSION Free Park - 5/17/11 ER: The Greater Boynton Beach Foundation is undertaking their capital XPLANATION OF EQUEST campaign to raise $500,000 for the Congress Avenue Barrier Free Park Project. As part of the Foundation’s campaign literature, a Donor/Naming Opportunity List has been developed for various aspects of the project, i.e. Name the park for $2M, specific naming of pieces of playground equipment, pavilion, etc. Staff will request the City Commission’s review of the list and approval of the Park Naming element of the list. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 349 of 354 14. F FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 on the renaming requests for the Boynton Beach EQUESTED CTION BY ITY OMMISSION Child Care Center, Boat Club Park, Jaycee Park and Veteran's Park - 6/7/11 ER: Several renaming requests have been referred to a “review XPLANATION OF EQUEST committee” appointed by the City Commission for the above listed sites. The Committee will be meeting in May and will have a report and recommendation back to the Commission on 6/7/11. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 350 of 354 14. G FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 27, 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: Continued discussion on development of Dog Park - EQUESTED CTION BY ITY OMMISSION 7/19/11 ER: At the Recreation & Parks Advisory Board meeting last March (the board XPLANATION OF EQUEST meets again in May), there was discussion about the feasibility of developing the Winchester Park site (located on the NE corner of Old Boynton Beach Blvd. and Congress Ave. behind Best Buy). One of our new board members felt there would me be several potential public/private partnerships available with many of the businesses along the Congress Avenue corridor and was asking the board to contemplate supporting this initiative. However, board consensus was that any discussion about park (including “dog” park) development should be within a context that considers the City’s entire parks system. Specifically, the board provides valuable feedback regarding the prioritization of undeveloped park sites that are included as part of the City’s Capital Improvement Projects. To enable this feedback, the board on annual basis, visits each of our park sites so they can gather as much information as possible regarding not only about what these sites look like, but also how they are serving the community. In regards to the undeveloped sites, they get a chance to see where they are located in relation to other public and/or private recreational amenities, but it also give a better opportunity to visualize potential development ideas (i.e. should the park be passive or active, etc…). So, to the degree that our schedule allows, we strive to get our board members to visit each of our 28 existing developed parks, 8 undeveloped sites, and our 10 recreation facilities. They can then use this information to develop CIP priorities. At the meeting in May, the Advisory Board will start developing the schedule for our annual “parks tour”. 351 of 354 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 352 of 354 14. H FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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: Two year contract for general consulting and engineering EQUESTED CTION BY ITY OMMISSION services for the City of Boynton Beach - TBD ER: The City has a need for continuing services (“Tasks”) from qualified XPLANATION OF EQUEST professions to perform engineering, surveying and architectural/landscape architectural design. The City estimates as many as 11 or 12 Tasks over the next two years, some of which are planned and some of which are unanticipated (i.e-resulting from system failures, new policy directives from the City Commission, or legislative mandates). The retention of professionals on a continuing contract basis to provide services on Tasks less that $100,000.00 expedites completion of the Task by eliminating the need to imitate a RFP, RFQ or bidding process for each individual Task. This item was tabled at the April 27, 2011 City Commission meeting. Staff is to revise and reissue RFQ to include contracting for continuing services with the number of contracts to be determined by the City Commission, in compliance with CCNA. H: N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 353 of 354 14. I FUTURE AGENDA ITEMS May 3, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 3, 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 354 of 354