Loading...
Agenda 05-17-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MAY 17, 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 308 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross 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. Presentation by Education and Youth Advisory Board Chairman Steve Waldman of the annual “Bob Borovy Student Citizen of the Year” Award. B. Presentation of the annual Youth Volunteer Bank awards by Steve Waldman, Chairman of the Education & Youth Advisory Board. C. Presentation on the recognition of the Health Care District's Trauma System's 20th year of operation and an update on the District's services. Presentation will be made by Ronald J. Wiewora, MD, MPH, FACP, FACPM, Interim CEO/Chief Medical Officer of the Health Care District of Palm Beach County. D. Proclaim the month of May as "National Preservation Month". 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Accept the resignation of Barbara Ready, a regular member of the Arts Commission C. Accept the resignation of Lisa Landis, a regular member of the Education and Youth Advisory Board D. Accept the resignation of Stanley Sorgman, a regular member of the Community Relations Board 3 of 308 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 meeting held on April 27, 2011 PROPOSED RESOLUTION NO. R11-054 B. - Authorize the Second Amendment to Temporary Construction Easement (TCE) between Palm Beach County and the City of Boynton Beach in support of the City’s construction of the new regional force main. PROPOSED RESOLUTION NO. R11-055 C. - Approve a contract extension for a second two year period from June 20, 2011 through June 19, 2013 with DcR Engineering Services, Inc as permitted under RFP #37-2821-07/CJD, “SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES”. PROPOSED RESOLUTION NO. R11-056 D. - Designation of the Community Redevelopment Agency Board Vice-Chair E. Approve the 2010/2011 Recreation and Parks Strategic Plan. F. Approve the full release of the surety and authorize return of the performance bond in the amount of $205,700.00 to the developer for the project known as the Promenade. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R11-057 A. - Approve a contract with Thermal Concepts, Inc. of Davie, FL for the replacement of the existing cooling towers at City Hall Complex, Bid No. #040-2510-11/CJD in the amount of $187,450 plus allow for a contingency of $15,000 if needed. PROPOSED RESOLUTION NO. R11-058 B. - Approve the piggy-back of the Florida Sheriff's Association joint purchasing contract #10-18-0907 for the purchase of (4) four replacement police pursuit vehicles in the amount of $107,933 C. (1) Eliminate the re-advertisement of the Request for Qualifications (RFQ) for the scope of services (A - E), "TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH" ; and (2) authorize City staff to issue separate RFQs based upon the scope of services required for individual Capital Improvement Plan (CIP) projects. Passage of motion authorizing staff to proceed as outlined herein. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 4 of 308 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO. 11-017 - FIRST READING A. - Request approval of amendment to modify the definitions of sporting good stores, new auto dealers, and used auto dealers (CDRV 11- 004) of the Land Development Regulations (LDR), Chapter 1, Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods and / or other retail stores. Applicant: City-initiated. B. Approve conditional use / major site plan modification request for the conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school / daycare use for up to 120 students, located at 1275 Gateway Boulevard in the Quantum Park Planned Industrial Development district. 10. CITY MANAGER’S REPORT A. Request initiation of the naming process as set forth in Ordinance 06-078 which will allow the Greater Boynton Beach Foundation (GBBF) to solicit donations coupled with naming rights. B. Presentation and Discussion of Historic High School Redevelopment Business Plan Options. C. Continued discussions of Downtown development options. This item was referred to the City Commission from the CRA Board meeting of April 12, 2011. D. Discuss Economic Development incentives and allocation of funding for the City of Boynton Beach and provide policy direction to staff. E. Receive staff review of current regulations limiting the maximum truck capacity allowed within residential zoning districts to 1 ton. 11. UNFINISHED BUSINESS PROPOSED RESOLUTION NO. R11-059 A. - Establish a Special Events Ad Hoc Advisory Committee 12. NEW BUSINESS None 5 of 308 13. LEGAL PROPOSED RESOLUTION NO. R11-060 A. - Approve execution of the Joinder to the Memorandum of Understanding between The South Florida Water Management District, Palm Beach County, Lake Worth Drainage District, and the City of Fort Lauderdale, regarding C51 Water Supply & Water Quality Reservoir Planning and Development PROPOSED ORDINANCE NO. 11-008 - SECOND READING B. - 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. 14. FUTURE AGENDA ITEMS A. Report on the renaming requests for the Boynton Beach Child Care Center, Boat Club Park, Jaycee Park and Veteran's Park - 6/7/11 B. Recommended revisions to the City of Boynton Beach Pay Plan so that it properly reflects the City's current compensation policies, eliminates outdated policies and coincides with the Personnel Policy Manual (PPM) - 6/7/11 C. Follow up staff report on Boynton Woman's Club - June 21, 2011 D. Announce FY 2011-2012 Budget Workshop Dates E. 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 308 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Presentation by Education and Youth Advisory Board EQUESTED CTION BY ITY OMMISSION Chairman Steve Waldman of the annual “Bob Borovy Student Citizen of the Year” Award. ER: The Bob Borovy Student Citizen of the Year Award was XPLANATION OF EQUEST created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth board member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall. H? In order to apply, students must OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year’s award recipient. FI: The award is sponsored by the Education & Youth Advisory Board and is ISCAL MPACT funded through donations. A: N/A LTERNATIVES 7 of 308 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Presentation of the annual Youth Volunteer Bank awards EQUESTED CTION BY ITY OMMISSION by Steve Waldman, Chairman of the Education & Youth Advisory Board. ER: The Youth Volunteer Bank was created in 1997 to promote XPLANATION OF EQUEST youth volunteerism, community involvement and reward youth who participate. The program is a cooperative effort between the Recreation & Parks Department, Education & Youth Advisory Board, local businesses and schools and youth volunteers. H? Since 1998, youth volunteers OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have recorded over 53,900 volunteer hours and the program has awarded $21,400 in savings bonds and prizes. FI: The awards are sponsored by the Education & Youth Advisory Board and the ISCAL MPACT program is funded through donations. A: Do not make the presentations. LTERNATIVES 8 of 308 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Presentation on the recognition of the Health Care EQUESTED CTION BY ITY OMMISSION th District's Trauma System's 20 year of operation and an update on the District's services. Presentation will be made by Ronald J. Wiewora, MD, MPH, FACP, FACPM, Interim CEO/Chief Medical Officer of the Health Care District of Palm Beach County. ER: A representative of the Health Care District will be giving an XPLANATION OF EQUEST informational presentation regarding the district’s trauma system mission, services and summary of programs. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow presentation. LTERNATIVES 9 of 308 10 of 308 11 of 308 12 of 308 13 of 308 14 of 308 15 of 308 16 of 308 17 of 308 18 of 308 19 of 308 20 of 308 21 of 308 22 of 308 23 of 308 24 of 308 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 the month of May as "National Preservation EQUESTED CTION BY ITY OMMISSION Month". ER: The City has recently undertaken efforts to preserve its history XPLANATION OF EQUEST through the appointment of a Historic Preservation ad hoc Committee, adoption of a historic preservation ordinance and establishment of a historic preservation program. The month of May is recognized nationwide as National Preservation Month and the adoption of the attached proclamation is further demonstration of the City’s commitment to preserve its past. You will recall that the City recently recognized “Preservation Week”, as promoted by The American Library Association to call attention to the valuable retention and care of documents and collections with libraries and other institutions. National Preservation Month as recognized by the National Trust for Historic Preservation more generally showcases the importance of history in the form of properties and events and their value to our communities. H? This Proclamation will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of the importance of revitalizing neighborhoods, fostering local pride and maintaining community character. FI: N/A ISCAL MPACT A: Do not proclaim May as National Preservation Month LTERNATIVES 25 of 308 P R O C L A M A T I O N WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Celebrating America's Treasures" is the theme for National Preservation Month 2011, cosponsored by [name of organization in your state or city] and the National Trust for Historic Preservation NOW, THEREFORE, I, Jose Rodriguez, Mayor of the City of Boynton Beach, do proclaim May 2011 as National Preservation Month and call upon the people of Boynton Beach to join their fellow citizens across the United States in recognizing and participating in this special observance. th IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of April, in the year two thousand eleven. ____________________________________ Jose Rodriguez, Mayor ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 26 of 308 5. A ADMINISTRATIVE May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 27 of 308 28 of 308 29 of 308 5. B ADMINISTRATIVE May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 Barbara Ready, a regular EQUESTED CTION BY ITY OMMISSION member of the Arts Commission ER: Barbara Ready has submitted her resignation stating her reason XPLANATION OF EQUEST for resigning as a regular member of the Arts Commission H? The Arts Commission will have a vacant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES position. FI: None ISCAL MPACT A: None LTERNATIVES 30 of 308 31 of 308 5. C ADMINISTRATIVE May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 Lisa Landis, a regular member of EQUESTED CTION BY ITY OMMISSION the Education and Youth Advisory Board ER: Lisa Landis has submitted her resignation stating the reason for XPLANATION OF EQUEST the request. H? The Education and Youth Advisory Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 32 of 308 33 of 308 5. D ADMINISTRATIVE May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 Stanley Sorgman, a regular EQUESTED CTION BY ITY OMMISSION member of the Community Relations Board ER: Stanley Sorgman has submitted a letter of resignation stating his XPLANATION OF EQUEST reasons for the 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 34 of 308 35 of 308 6. A CONSENT AGENDA May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 meeting EQUESTED CTION BY ITY OMMISSION held on April 27, 2011 The City Commission met on April 27, 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 36 of 308 37 of 308 38 of 308 39 of 308 40 of 308 41 of 308 42 of 308 43 of 308 44 of 308 45 of 308 46 of 308 47 of 308 48 of 308 49 of 308 50 of 308 51 of 308 52 of 308 53 of 308 54 of 308 55 of 308 56 of 308 57 of 308 58 of 308 6. B CONSENT AGENDA May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-054 - Authorize the EQUESTED CTION BY ITY OMMISSION Second Amendment to Temporary Construction Easement (TCE) between Palm Beach County and the City of Boynton Beach in support of the City’s construction of the new regional force main. ER: In 2007, the City issued task order U07-20-1 to the Wantman XPLANATION OF EQUEST Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 100% stage, has been permitted by all applicable agencies and bid by the City. The TCE allows the City to access the pipeline corridor for the construction of the force main and its components and commits the City to restore the Palm Beach County property in accordance with the Palm Beach County Landscape and Irrigation Plan and to maintain the force main and its components. The First Amendment to the TCE was approved by City Commission on December 15, 2009 (R09-185). This Second Amendment to the TCE will provide for continued access to the TCE during the warranty period for maintenance of the landscaping that was part of the original Utility Easement agreement. 59 of 308 H? The TCE with Palm Beach County is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES necessary to allow the City to construct several portions of the new regional force main within Palm Beach County’s Caloosa Park. FI: There are no fees associated with the Utility Easement in that Palm Beach ISCAL MPACT County (Parks& Recreation Department) and the City has reached an agreement concerning the cost of the Utility Easement. In exchange for the Utility Easement, the City has provided, at no cost to Palm Beach County, a reclaimed water connection at the Caloosa Park entrance. Additionally, the City’s bid package included a contract pay item to re-landscape the force main corridor within Caloosa Park. The construction contract will be funded from Utilities account: Account Number Project Number Allocation 406-5000-590-96-03 SWR114 100% A: The City could deny this Second Amendment for the TCE but then the City LTERNATIVES would not be able to honor the terms and conditions of our Utility Easement with Palm Beach County or the City can approve this Amendment and the City will be able to fulfill our Utility Easement obligations. Therefore, this Amendment with Palm Beach County should be authorized. 60 of 308 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, IN SUPPORT OF THE CITY’S CONSTRUCTION OF THE NEW REGIONAL FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , in 2007, the City issued task order U07-20-1 to the Wantman Group for the new regional force main route selection, detail design, permitting and bidding phases of the project; and WHEREAS , in November, 2008, via Resolution 08-131, the City Commission approved an Interlocal Agreement and Temporary Construction Easement between the City of Boynton Beach and Palm Beach County; and WHEREAS, a First Amendment to Temporary Construction Easement was approved by the City Commission on December 15, 2009; and WHEREAS , this Second Amendment to the Temporary Construction Easement will provide for continued access to the Temporary Construction Easement during the warranty period for maintenance of the landscaping that was part of the original Utility Easement Agreement; and WHEREAS , the City Commission upon recommendation of staff, deems it appropriate to approve and authorize execution by the Mayor and City Clerk of the Second Amendment to Temporary Construction Easement between the City of Boynton Beach and Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the Mayor and City Clerk to execute a Second Amendment to Temporary Construction Easement between the City of Boynton Beach and Palm Beach County, a copy of which is attached 61 of 308 hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez _______________________________ Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ____________ ____________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 62 of 308 63 of 308 64 of 308 65 of 308 66 of 308 6. C CONSENT AGENDA May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-055 - Approve a EQUESTED CTION BY ITY OMMISSION contract extension for a second two year period from June 20, 2011 through June 19, 2013 with DcR Engineering Services, Inc as permitted under RFP #37-2821-07/CJD, “SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES”. :20,201119,2013 CONTRACT PERIOD JUNE TO JUNE RFP#037-2821-07/CJD, “SCADA AND TELEMETRY SYSTEM Explanation of Request: GOODS AND SERVICES”, was issued in February 2007 to solicit engineering services with respect to providing the complete upgrade of our remote telemetry systems and their integration with a new single Supervisory Control and Data Acquisition (SCADA) system for the water plants and the associated Programmable Logic Controller (PLC) control systems. In 2007, the City received five (5) proposals that were reviewed by an evaluation committee. Following the RFP review process, DcR Engineering Services, Inc. was recommended based upon their overall price, prior experience and being the most responsive bidder capable of providing the required services both in radio telemetry and control system design and integration. The Commission approved their selection at their regular meeting on June 14, 2007 (Resolution 07-059) and a contract was duly awarded on June 19, 2007. The RFP also rd allowed for two (2) additional two (2) year contract extensions. On March 3, 2009 the Commission approved R09-045, the first extension allowed under the contract for the period June 20, 2009 to June 19, 2011. 67 of 308 The vendor has agreed to the second additional two (2) year extension allowed under the original contract (with the same terms, conditions and prices) and staff recommends moving forward with this contract extension for the period June 20, 2011 to June 19, 2013. The remote telemetry phase of the project updating the controls for our pumping stations throughout the service area is now operational. This phase included the installation of the radio and control base stations at the two water plants and the conversion of all 160 lift stations, 30 raw water wells and two remote storage and pumping facilities to the new system. The addition of a third failover SCADA server at fire station 5 is also underway to enhance system reliability during extreme weather. The second phase of work, transferring the water plants over to the new unified SCADA system, is ongoing. Both plants will convert over from the existing programmable logic controller (PLC) platforms to a new single PLC system at each plant. New fault tolerant fiber optic data communication systems have been installed to connect the plant instruments to the central control system. Work is currently ongoing at the East Plant to bring the new onsite generation systems for chlorine (OSG) into the new PLC platform and to switch over a part of the process immediately afterwards. The Aquifer Storage and Recovery Wells have been migrated over already. The remaining work in the East Plant will be carried out during the major plant overhaul planned as part of our water supply strategy. The West Plant will be converted over in its entirety later this year. In planning this new system we have worked with our consultants to select platforms with a relatively long product life cycle. It is anticipated that these systems should provide 10-15 years of reliable operation. The design also lets us upgrade elements of the system when required without the need for wholesale replacement. H? The Utility is already benefitting from the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES conversion of the telemetry systems with reductions in support overtime and reduced pumping costs. Once the work on the water plant SCADA system is complete, we will have reduced the number of systems from 4 to 1 with associated support cost reductions. The project is also an integral part of our overall asset management strategy. FI: There have been three task orders issued since the original approval and they ISCAL MPACT cover the cost of all of the work described above except for the future upgrade of the East Plant: Task order # Original Value Expenditure Status U-07-03 $1,394,247.90 $1,394,247.90 Closed U-07-04 996,397.42 720,214.72 Open U-09-07 1,102,151.03 928,342.98 Open $3,492,796.35 $3,042,805.60 Any additional expenditure under this RFP will be authorized separately through the usual procurement system. This will mainly involve building the remaining remote I/O panels (input and output communication to the field instrumentation) and programming at the East Plant as a part of the capacity upgrade. A: The consultant is in the middle of a complex process which involves both LTERNATIVES proprietary software and hardware design elements and they need to complete the work. 68 of 308 There is no alternative to the current telemetry system without total replacement, which was the purpose of this RFP and has just been completed. 69 of 308 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE TWO YEAR EXTENSION OF THE CONTRACT WITH DcR ENGINEERING, INC., OF LAKELAND, FLORIDA FOR SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on June 19, 2007, the City Commission of the City of Boynton Beach approved the award of a two year Contract to DcR Engineering, Inc., of Lakeland, Florida for RFP#037-2821-07/CJD for SCADA and Telemetry System Goods and Services; and WHEREAS, the RFP allowed for two additional two year contract extensions and on March 3, 2009 the City Commission approved the first extension from June 20, 2009 to June 19, 2011; and WHEREAS , the vendor has agreed to the second two-year extension and staff recommends moving forward with this extension for the period June 20, 2011 to June 19, 2013; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize a second two year extension of the contract with DcR Engineering, Inc., for RFP#037-2821-07/CJD, from June 20, 2011 to June 19, 2013 for SCADA and Telemetry System goods and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize a second two year extension, from June 20, 2011 to June 19, 2013, of the contract with DcR Engineering, Inc., for RFP#037-2821-07/CJD, for SCADA and Telemetry System goods and services, a copy of which is attached hereto as Exhibit “A”. 70 of 308 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 71 of 308 72 of 308 73 of 308 6. D CONSENT AGENDA May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-056 - Designation EQUESTED CTION BY ITY OMMISSION of the Community Redevelopment Agency Board Vice-Chair ER: Florida Statute 163.356 and Section 2-13.2(b) of the City’s Code of XPLANATION OF EQUEST Ordinances provides that the City Commission shall designate the Vice-Chair of the Community Redevelopment Agency Board. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 74 of 308 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE VICE- CHAIR OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statute 163.356 and Section 2-13.2(b) of the City’s Code of Ordinances provides that the City Commission shall designate the Vice-Chair of the Community Redevelopment Agency Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby designates William Orlove as the Vice-Chair of the Boynton Beach Community Redevelopment Agency Board. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of May, 2011. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – William Orlove ___________________________________ Commissioner – Woodrow L. Hay ___________________________________ Commissioner – Steven Holzman ATTEST: ___________________________________ Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 75 of 308 6. E CONSENT AGENDA May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 2010/2011 Recreation and Parks Strategic EQUESTED CTION BY ITY OMMISSION Plan. ER: In April 2006, the City Commission adopted the Recreation and XPLANATION OF EQUEST Parks Strategic Plan which is the “road map” for the future planning and development of parks and recreation facilities. The plan is regularly updated by the Recreation & Parks Department and approved by the Commission. The current version of the plan identifies organizational values and stakeholders. It provides an assessment of the department, which includes how parks are classified, a summary of existing resources and facilities, performance measures, and organizational culture. It reviews trends and forces affecting parks and recreation, and This plan does not include any new programs or current and future strategic issues. projects that have a fiscal impact . H? The Recreation and Parks Department is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES nationally accredited through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). The accreditation standards state “an agency should have a strategic plan approved by the board, stating how the agency will achieve its mission, goals and objectives.” The Plan provides recommendations for improving programs and services, creating a financially responsible organization, protecting open spaces, and instituting continuous improvement processes. FI: The Plan does not propose any new projects or programs that would have any ISCAL MPACT additional fiscal impact to the City. Depending on future funding through the General Fund, the Boynton Beach Community Foundation, grants and other funding mechanisms, future parks will be developed as the opportunities arise. The Strategic Plan currently does not identify when the sites will be developed. That will be determined based on identification of need in 76 of 308 the Parks and Recreation System Needs Assessment, future trends, community needs and funding. A: Do not approve the plan. LTERNATIVES 77 of 308 78 of 308 79 of 308 80 of 308 81 of 308 82 of 308 83 of 308 84 of 308 85 of 308 86 of 308 87 of 308 88 of 308 89 of 308 90 of 308 91 of 308 92 of 308 93 of 308 94 of 308 95 of 308 96 of 308 97 of 308 98 of 308 99 of 308 100 of 308 101 of 308 102 of 308 103 of 308 104 of 308 105 of 308 106 of 308 107 of 308 108 of 308 109 of 308 110 of 308 111 of 308 112 of 308 113 of 308 114 of 308 115 of 308 116 of 308 117 of 308 118 of 308 119 of 308 120 of 308 121 of 308 122 of 308 6. F CONSENT AGENDA May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 full release of the surety and authorize return EQUESTED CTION BY ITY OMMISSION of the performance bond in the amount of $205,700.00 to the developer for the project known as the Promenade. ER: XPLANATION OF EQUEST On February 27, 2009 Coastal Construction of Palm Beach the developer of the Promenade, provided the Building Division a performance bond in the amount of $205,700.00 to guarantee completion of the non life safety construction tasks to secure a temporary certificate of occupancy. th All work has been completed and on August 25, 2009 the Building Division issued a certificate of occupancy for the project. The City’s Interim Building Official, Andrew Mack, has verified completion of the work secured by the bond. It is therefore appropriate to grant a full release of this surety back to the developer. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES No Affect FI: ISCAL MPACT None A: LTERNATIVES No alternative. All construction has been successfully completed and a certificate of occupancy has been issued. 123 of 308 124 of 308 125 of 308 126 of 308 127 of 308 128 of 308 129 of 308 7. A BIDS AND PURCHASES OVER $100,000 May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-057 - Approve a EQUESTED CTION BY ITY OMMISSION contract with Thermal Concepts, Inc. of Davie, FL for the replacement of the existing cooling towers at City Hall Complex, Bid No. #040-2510-11/CJD in the amount of $187,450 plus allow for a contingency of $15,000 if needed. ER: The existing wooden cooling towers for the air conditioning system XPLANATION OF EQUEST located at the City Hall Complex are rotting. Staff determined to replace the towers with stainless steel structures and worked with Anderson Slocombe, Architect for CH2M Hill to prepare bid specifications to replace both towers. Utilizing stainless steel opposed to wood will extend the life of the towers. Procurement received and opened nine (9) bids on April 12, 2011. All bidders attended a mandatory pre-bid and site inspection meeting on March 23, 2011. Staff worked with Mr. Slocombe, Architect (CH2M Hill) to review the bids. It was determined that Thermal Concepts, Inc. was the lowest and most responsive bidder. The total amount of the Bid is $187,450. Staff determined a $15,000 contingency would be required in the event that unforeseen issues should occur during removal of the old units and installation of the new units. Attached is the evaluation bid letter from CH2M Hill, the tabulation sheets and memo #11-013 from the Public Works Department to Purchasing with the recommendation. H? If the cooling towers fail there will be no OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES air conditioning for the entire City Hall Complex. Staff has delayed the repair of the towers 130 of 308 several times over the last few years as discussion about relocation of City Hall took place. Given the continued degradation of the chiller towers we can no longer delay this repair. FI: Funding in the Capital Improvements Fund (#302-4101-531-64.18, Project ISCAL MPACT #GG1101) is available in the amount of $215,000. A: Not to replace cooling towers and risk total failure of the air conditioning LTERNATIVES system in City Hall. 131 of 308 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACT WITH THERMAL CONCEPTS, INC., FOR BID #040-2510-11/CJD, FOR THE REPLACEMENT OF THE EXISTING COOLING TOWERS AT CITY HALL COMPLEX IN THE AMOUNT OF $187,450.00 WITH A CONTINGENCY IN THE AMOUNT OF $15,000.00 FOR A TOTAL EXPENDITURE OF $202,450.00; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on April 12, 2011, Procurement Services received and opened nine (9) bid proposals in response to #040-2510-11/CJD for the replacement of the existing cooling towers at City Hall Complex; and WHEREAS, the City’s consultant, CH2M Hill and staff reviewed the bid proposals and recommend awarding the contract to Thermal Concepts, Inc., of Davie, Florida as the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with Thermal Concepts, Inc., Bid #040-2510-11/CJD for the replacement of the existing cooling towers at City Hall complex in the amount of $187,450.00 with a contingency in the amount of $15,000.00 for a total expenditure of $202,450.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the award and authorizes the City Manager and City Clerk to execute a contract with Thermal Concepts, 132 of 308 Inc., Bid #040-2510-11/CJD for the replacement of the existing cooling towers at City Hall complex in the amount of $187,450.00 with a contingency in the amount of $15,000.00 for a total expenditure of $202,450.00, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 133 of 308 134 of 308 135 of 308 136 of 308 137 of 308 138 of 308 139 of 308 140 of 308 141 of 308 142 of 308 143 of 308 144 of 308 145 of 308 146 of 308 147 of 308 148 of 308 149 of 308 150 of 308 151 of 308 152 of 308 153 of 308 154 of 308 155 of 308 156 of 308 7. B BIDS AND PURCHASES OVER $100,000 May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-058 - Approve the EQUESTED CTION BY ITY OMMISSION piggy-back of the Florida Sheriff's Association joint purchasing contract #10-18-0907 for the purchase of (4) four replacement police pursuit vehicles in the amount of $107,933 Although the Florida Sheriff’s Association is not a public entity, their procurement process has been reviewed and complies with Public Contract bid requirements equal to or which exceeds Boynton Beach’s requirements. ER: Steve Weiser, Fleet Administrator, is requesting the purchase of XPLANATION OF EQUEST (4) four replacement police pursuit vehicles for the City fleet. The vehicles consist of three (3) police pursuit sedans (Chevrolet Caprice) and one (1) K-9 unit (Chevrolet Tahoe). All four vehicles are replacements due to vehicular accidents resulting in repairs exceeding total value of the vehicles. The damaged units have been inspected by insurance adjusters and sold at auction. Risk Management has subrogated the incidents and committed $41,065 to be returned to the Fleet Vehicle Replacement Fund. The Police Department is requesting replacements as soon as possible due to need. All replacement vehicles shall be purchased from Florida Sheriff’s joint purchasing contract #10-18-0907. The City previously piggy-backed the same Florida Sheriff’s joint purchasing contract for the purchase of new and replacement vehicles as approved in the FY 2010/11 Budget. Additional purchase requested here exceeds the expenditure previously approved by this City Commission ($536,630.00). 157 of 308 H? The purchase of these replacement OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vehicles will allow the Police Department to meet the vehicle/equipment needs for officers and K-9 units contractually and operationally. FI: ISCAL MPACT Fleet Account #501-2516-519-6433 Estimated Expenditure: Chevy Caprice = $25,921/ea. X 3 = $ 77,763.00 Tahoe(K-9 unit)= $30,170 $ 30,170.00 TOTAL EXPENDITURE: $107,933.00 Funding for replacement of these vehicles is listed below: From Prefunding Dollars $ 61,223.00 Dollars Received from Auction for damaged vehicles $ 5,645.00 Insurance Recovery $ 41,065.00 Total $107,933.00 Prefunding Table (shows funds set aside for these vehicles) 06\07 07\08 08\09 09\10 10\11 4604 $5,200 $4,615 $5,137 $5,137 $2,568 $22,657 4618 $5,200 $5,351 $5,137 $5,137 $2,568 $23,393 4913 $5,388 $2,624 $8,012 4943 $5,388 $2,674 $8,062 $62,124 A: Wait for scheduled replacement, two in FY12/13, and two in FY15/16. LTERNATIVES 158 of 308 RESOLUTION NO. R-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACKING OF THE FLORIDA SHERIFFS ASSOCIATION BID #10-18-0907 FOR THE PURCHASE OF FOUR (4) REPLACEMENT POLICE PURSUIT VEHICLES IN THE AMOUNT OF $107,933.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Administrator is requesting the purchase of four replacement police pursuit vehicles for the City fleet; and WHEREAS , the replacement vehicles are being purchased due to vehicular accidents resulting in repairs exceeding total value of the vehicles; and WHEREAS , the Florida Sheriffs Association has complied with public contract bid requirements equal to or which exceeds Boynton Beach’s requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the piggy-backing of the Florida Sheriffs Association Bid #10-18-0907 for the purchase of four (4) replacement police pursuit vehicles in the amount of $107,933.00. Section 3. That this Resolution shall become effective immediately. 159 of 308 PASSED AND ADOPTED this _____ day of May, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 160 of 308 161 of 308 162 of 308 163 of 308 164 of 308 165 of 308 166 of 308 167 of 308 168 of 308 169 of 308 170 of 308 7. C BIDS AND PURCHASES OVER $100,000 May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: (1) Eliminate the re-advertisement of the Request for EQUESTED CTION BY ITY OMMISSION Qualifications (RFQ) for the scope of services (A - E), "TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH" ; and (2) authorize City staff to issue separate RFQs based upon the scope of services required for individual Capital Improvement Plan (CIP) projects. Passage of motion authorizing staff to proceed as outlined herein. ER: On April 27, 2011, the City Commission elected to cancel the XPLANATION OF EQUEST Request for Qualifications (RFQ) #059-2821-10/CJD, “TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES”.The City Commission requested that a new RFQ for General Consulting and Engineering Services be re-advertised. Since the outcome of the April 27, 2011 City Commission meeting, Utility staff has re- examined the list of Capital Improvement Plan (CIP) projects that would fall under the TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES. Staff has identified twelve (12) projects with estimated consulting contracts not to exceed $100,000. Rather than re-issue the RFQ for TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES, Utility staff recommends issuing separate RFQs for each of the twelve (12) individual projects. H? The original RFQ was issued to secure OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the services of qualified consultants/engineers for assignments logically tied to the development, operation, and maintenance of City facilities. Respondents were informed by way of the RFQ that the City was ultimately looking to contract with one firm per scope that could demonstrate their ability to be responsive, innovative and cost effective under any or all 171 of 308 five (5) scopes of service. Utility staff recommends discontinuing that process of selecting consultants/engineers. With the twelve (12) separate RFQs, a detailed scope of work will be developed for each project. All qualified consultants/engineers will be able to respond equally to each RFQ and no firms will be excluded, resulting in a fair and equitable approach to procuring consulting/engineering services. FI: None at this time. ISCAL MPACT A: None at this time. LTERNATIVES 172 of 308 Utilities Department CIP Program Potential General Consulting Projects through FY2012 – 2013 1. Improvements Mandated by Groundwater Rule – East WTP Anticipated Delivery Time: FY2011 – 2012 Estimated Construction Cost: $800,000 The Utilities Department has received preliminary approval for a modification to the East Water Treatment Plant to accommodate 4 log virus deactivation as required under 40CFR Part 141 S. 4 log virus deactivation requires the removal of 99.99% of active viruses in the drinking water supply. The rule was implemented in December 2008 and is an unfunded mandate. Until the Plant meets the requirements of the rule, Utilities is subject to triggered source water monitoring as per 141.402. (Federal Regulation). 2. Relocation of Lift Station No. 412 Anticipated Delivery Time: FY2011 – 2012 Estimated Construction Cost: $350,000 rd Lift Station No. 412 is currently situated within the central median of Federal Highway at SW 23 street. The site is very difficult to access due to the location. There are only a few options for its relocation and the most appropriate is on the corner of a parcel of land on the south west corner of the intersection. As part of any redevelopment of that parcel the Utilities Department will request an easement to allow a new lift station to be built. rd 3. NE 3 Street Stormwater Improvements Anticipated Delivery Time: FY2011 – 2012 Estimated Construction Cost: $500,000 This project relates to flooding issues in the area NE of Boynton Beach Blvd. north to the C-16 canal between Seacrest Blvd. and west of N. Railroad Avenue and the FEC railroad. A study of the rd topology of the area is required to determine whether a parcel of land on NE 3 Street is a suitable location for a retention pond. The stormwater division has made improvement to alleviate flooding rdth issues in the immediate area of NE 3 Street and 5 Avenue but areas to the north and west still need to be addressed. 4. Galaxy Elementary Reclaimed Water Main Anticipated Delivery Time: FY2011 – 2012 Estimated Construction Cost: TBD (Cost Share with School District) As part of the upgrade and rebuilding of Galaxy Elementary, the School District of Palm Beach th County is interested in sharing the cost of constructing a reclaimed water main along NW 4 Ave. from Seacrest Blvd. to the school. An existing reclaimed water stub out is located at Seacrest Blvd. th and NW 4 Ave and will serve as the connection point. 5. ASR-2 Final Operational Permit Anticipated Delivery Time: FY2011 – 2012 Estimated Cost: $50,000 The utility uses two Aquifer Storage and Recovery (ASR) Wells to store water underground during the rainy season and recover it for use during the dry season. There are special provisions within our Consumptive Use Permit allowing use to pump additional water in the wet season to recharge the wells. This enables us to protect our eastern wellfield during the dry season from over pumping. The ASR-2 well is still operating under its construction permit. Utilities is attempting to close this 173 of 308 permit and obtain a final operating permit from the Florida Department of Environmental Protection (FDEP). This will require the assistance of a professional hydrogeologist. 6. Hydrogeology Permitting for City Landfill Anticipated Delivery Time: FY2011 – 2012 Estimated Cost: $50,000 The city has an old landfill which is sited just to the east of the golf course. It has been closed and capped many years ago but is now subject to permitting requiring routine analysis of the ground water to determine if there is any contamination from the waste. The analysis has shown low levels of arsenic in the groundwater but no serious issues to date. There is an ongoing need for routine hydrogeological reports for the landfill to be prepared semi-annually. These costs will fall below the limit of CCNA but there may also be a need to renew this permit by February 2012 when the existing permit expires. This is an unfunded mandate. th 7. Lakeside/NE 20 Avenue Water and Stormwater Improvements Anticipated Delivery Time: FY2012 – 2013 Estimated Construction Cost: $950,000 The areas east and west of Federal Highway (U.S. 1) have substandard water mains, inadequate water services, and a limited number of fire hydrants due to the age of the existing infrastructure. Also, the area is in need of drainage improvements to address flooding issues resulting from poor or non-existent stormwater management. The construction of these improvements will provide improved service to our residents. If additional capacity is required in the future for any redevelopment that occurs in this area, the costs to upgrade the infrastructure at that time will be the responsibility of the individual developers. nd 8. Water Main on South Lake Drive from Mission Rd to NW 22 St Anticipated Delivery Time: FY2012 – 2013 Estimated Construction Cost: $200,000 This 6-inch main is 40 to 50 years old and is constructed of unlined cast iron and dead ends on this road. Water quality is poor and we are forced to regularly flush the line to maintain good quality. The line needs to be replaced. It is approximately 4,500 feet in length and would likely be upsized to an 8-inch line as it connects to the emergency interconnect between us and the Delray Beach system. 9. Electrical Upgrades and Variable Speed Drive Motors for Master Lift Stations Nos. 356, 317, and 309 Anticipated Delivery Time: FY2012 – 2013 Estimated Construction Cost: $500,000 The Utilities Department is monitoring the condition of the electrical motor control centers for three (3) master lift stations. The stations need to be upgraded to include variable frequency drives (VFDs) to protect the pumps, reduce power consumption and costs, and improve energy efficiency. 10. Master Lift Station Rehabilitations for Mechanical, Electrical, Pumps, and Odor Control Anticipated Delivery Time: FY2012 – 2013 Estimated Construction Cost: $800,000 The utility operates six (6) master lift stations within its service area. These are large stations sited at strategic locations that collect the wastewater from smaller stations and then pump it to the Regional Plant. The current configuration and size of pumps at the master lift stations no longer matches demand. We need to downsize some stations and increase others in order to optimize operations and energy efficiency. We also need to eliminate the smaller sized “jockey pumps” at the 174 of 308 stations to improve the pumping efficiency. This work will be done concurrently with any electrical upgrades as indicated in the other project above (9). 11. Sewer Master Plan and Updates Anticipated Delivery Time: FY2012 – 2013 Estimated Cost: $100,000 The Utilities Department needs to undertake a comprehensive review of our sanitary sewer collection and pumping system including loadings, condition, and expansion needs for the next decade to improve operations and reduce inflow and infiltration (I & I). By reducing the I & I we will reduce waste water pumping and treatment costs at the South Central Regional Waste Water Treatment Plant (SCRWTP). The Master Plan will help set priorities for future projects, and identify opportunities to increase efficiencies in operations. The Capital Improvement Plan (CIP) will be revised and updated accordingly. 12. Stormwater Master Plan and Updates, O&M Manual, and Asset Management Anticipated Delivery Time: FY2012 – 2013 Estimated Cost: $100,000 The new requirements being placed upon us by the Clean Water Act and the ensuing National Pollutant Discharge Elimination System (NPDES) regulations make it necessary to undertake a review of our current stormwater systems and to develop our long term plans. The City is part of a County-wide NPDES program, and our first permit was issued in 1997 by the Florida Department of Environmental Protection (FDEP). The United States Environmental Protection Agency (U.S. EPA) and FDEP are currently considering new rules which may require increased environmental monitoring and testing, which are unfunded mandates. The Stormwater Master Plan will help set priorities for future projects, and the Capital Improvement Plan (CIP) will be revised and updated accordingly. Note: Engineering costs are estimated to be 10 – 15% of the construction costs. 175 of 308 9. A PUBLIC HEARING May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. 11-017 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Request approval of amendment to modify the definitions of sporting good stores, new auto dealers, and used auto dealers (CDRV 11- 004) of the Land Development Regulations (LDR), Chapter 1, Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods and / or other retail stores. Applicant: City-initiated. ER: This code amendment would modify the definitions of sporting XPLANATION OF EQUEST good stores, auto dealers, and used auto dealers, to ultimately, expand the types of products that may be sold in sporting goods stores and other similar retail establishments. Normally, any business that sells electric and / or motorized bicycles, mopeds, or scooters in excess of 50 cubic centimeters (cc) would require a State-approved dealer’s license. The City would categorize any business requiring a dealer’s license from the State as either a new or used auto dealer, which is regulated differently and more stringently than a typical retail store. Major dealers of modern mopeds and scooters include Schwinn, Z Nen, Tao Tao, Vespa, and Blue Eagle, with maximum speeds ranging from 30 mph to upward of 55 mph. Staff determined that those vehicles with engine sizes greater than 150 cubic centimeters (cc) perform more like motorcycles than they do bicycles, and as such, are considered more intensive, especially with respect to the purpose of their use and the maintenance requirements. Businesses that sell bicycles, including electric bicycles, as well as small mopeds and motor scooters perform similarly, and in contrast against typical motorcycle and automobile dealerships. While there are exceptions, bicycles and scooters are used more for recreational purposes and small commutes than motorcycles and automobiles, and do not require outside storage. Therefore, regulating them similar to general retail merchandise like bicycles would further the intent of the City’s Zoning Regulations. 176 of 308 H? Possible indirect benefit to the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES green initiative through the increased availability/use of alternatives to the automobile and associated reduction in greenhouse gasses. FI: New businesses accommodated to contribute to property values, permit ISCAL MPACT revenues, and business tax revenues. A: Not approve subject code amendment or approve with changes. LTERNATIVES 177 of 308 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1,, ARTICLE II, DEFINITIONS; TO MODIFY THE DEFINITIONS OF SPORTING GOOD STORES, NEW AUTO DEALERS AND USED AUTO DEALERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to modify the definitions which would allow the subject retailer into commercial areas with little or no impact and without compromising the City’s aesthetic standards associated with particular uses, all while promoting innovative ways of attracting new business into the City and strengthening the economic base; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to modify the definitions of sporting good stores, new auto dealers and used auto dealers. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Definitions, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 1, Article II Definitions ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet 178 of 308 music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters); or 6) toys. Sporting good stores may retail ammunition and / or firearms, but only as an accessory use. Any motorized moped or scooter with an engine in excess of 150 cubic centimeters is classified as a “motorcycle” and regulated as a NorUAD. This use excludes any merchandise that would be EW SED UTO EALER classified as adult entertainment. Establishments that retail and provide expertise on the use of sporting equipment (such as a bicycle or dive shops) or other specific leisure activities, such as needlework and musical instruments but excluding the sale of ammunition or firearms as a principal use. Sporting goods stores may retail ammunition and / or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaying works of art for retail sale in art galleries. AUTO DEALER, NEW – An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new automobiles, mopeds, scooters, and motorcycles (with engines in excess of 150 cubic centimeters), and light trucks, including; such as passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed. AUTO DEALER, USED – An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing used automobiles, mopeds, scooters, and motorcycles (with engines in excess of 150 cubic centimeters), and light trucks, including; such as passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed. Section 3. 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 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2011. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ 179 of 308 Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 180 of 308 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 11-012 TO: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, AICP Planner II THROUGH: Michael Rumpf Planning and Zoning Director DATE: April 19, 2011 RE: Electric / Motorized Bicycles and Scooters CDRV 11-004 OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives (the attraction and retention of businesses, and response to changes in the economic environment); 2. Sustainability initiatives (to further general energy conservation and/or the specific recommendations of the Climate Action Plan or for general energy conservation); 3. Internal consistency (those amendments warranted to address identified internal inconsistencies or errors); 4. Regulatory compliance (responses to changes in State and / or county laws and regulations); and 5. Implementation feedback (those adjustments in standards, regulations, and processes necessary to meet original or current objectives and vision). NATURE OF REQUEST To amend the land development regulations, particularly by allowing the retail sale of certain electric and / or motorized bicycles, mopeds, and scooters in sporting good stores. This code amendment includes modifications to the definitions for the following principal uses: Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store Auto Dealer, New 181 of 308 Auto Dealer, Used The proposed request would further business and economic development, and sustainability initiatives. BACKGROUND Planning and Zoning staff has been approached by a bicycle retailer who is interested in opening a store in the City that would sell electric and / or motorized bicycles, mopeds, and scooters. However, an establishment that sells mopeds and scooters exceeding a certain engine size or performance may be required to obtain a dealer’s license from the State of Florida. Currently, according to the City’s zoning regulations, the subject use would therefore, be categorized as an “auto dealer” rather than a sporting goods store. Generally, auto dealers are regulated differently and more stringently than sporting good stores, due to their operational differences (e.g., noise) and inherent auto-intensive building design and site characteristics (overhead doors, outside inventory of vehicles, etc.). Commercially-zoned properties in the City are generally located along major roadways such as arterials and collectors. As such, in many locations, particularly within the boundaries of the Community Redevelopment Agency, the redevelopment plan promotes a built environment that is more pedestrian-friendly and auto-independent, consisting of a mix of land uses (both vertical and horizontal). An auto dealer will typically store its inventory within off-street parking areas, and this outdoor presence of vehicles would be in conflict with the preferred design mentioned above. Conversely, electric bicycles and small motorized scooters can be easily stored inside the building. Therefore, staff determined that it would be more efficient, simpler, and logical to expand the types of products that may be sold in a sporting good store regardless of the prerequisite auto dealer license) rather than trying to “fit” an auto dealer establishment into the CBD or mixed-use zoning district or other commercially-zoned property subject to the Urban Commercial District Overlay Zone. Major dealers of modern mopeds and scooters include Schwinn, Z Nen, Tao Tao, Vespa, and Blue Eagle, with maximum speeds ranging from 30 mph to upward of 55 mph. Simply put, the larger the engine, the faster the vehicle. Staff determined that those vehicles with engines sizes greater than 150 cubic centimeters (cc) perform more like motorcycles than they do bicycles, and as such, are considered more intensive, especially with respect to the purpose of their use and the maintenance requirements. Businesses that sell bicycles, including electric bicycles, as well as small mopeds and motor scooters perform similarly, and in contrast against typical motorcycle and automobile dealerships. While there are exceptions, bicycles and scooters are used more for recreational purposes and small commutes than motorcycles and automobiles, and can be accommodated within the structure and, therefore meet the intent of the City’s Zoning Regulations. Proposed Changes: PART III (LDR), CHAPTER 1, ARTICLE II ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments primarily engaged in the retail sale (including accessory repair service) of one or more of the following: 1) art for retail sale in art galleries; 2) new books or magazines; 3) craft and hobby items, including sewing machines and supplies, new fabrics, patterns, yarns, needlework and the like; 4) new compact and digital video disks, musical instruments, and sheet music; 5) sporting goods and supplies, including scuba equipment, bicycles, mopeds, and motor scooters (with engines not exceeding 150 cubic centimeters); or 6) toys. Sporting good stores may retail ammunition and / or firearms, but only as an accessory use. Any motorized moped or 182 of 308 scooter with an engine in excess of 150 cubic centimeters is classified as a “motorcycle” and regulated as a NorUAD. This use excludes any merchandise that would be EW SED UTO EALER classified as adult entertainment. Establishments that retail and provide expertise on the use of sporting equipment (such as a bicycle or dive shops) or other specific leisure activities, such as needlework and musical instruments but excluding the sale of ammunition or firearms as a principal use. Sporting goods stores may retail ammunition and / or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaying works of art for retail sale in art galleries. AUTO DEALER, NEW – An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing new automobiles, mopeds, scooters, and motorcycles (with engines in excess of 150 cubic centimeters), and light trucks, including; such as passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed. AUTO DEALER, USED – An establishment, licensed by the State of Florida, which is primarily engaged in retailing or leasing used automobiles, mopeds, scooters, and motorcycles (with engines in excess of 150 cubic centimeters), and light trucks, including; such as passenger and cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle inventory is allowed. CONCLUSION / RECOMENDATION Staff determined that modifying the below definitions would allow the subject retailer into commercial areas with little or no impact, and without compromising the City’s aesthetic standards associated with particular uses, all the while promoting innovative ways of attracting new businesses into the City and strengthening the economic base. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-004 Electric - Motorized Bicycles\Staff Report.doc 183 of 308 9. B PUBLIC HEARING May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 conditional use / major site plan modification EQUESTED CTION BY ITY OMMISSION request for the conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school / daycare use for up to 120 students, located at 1275 Gateway Boulevard in the Quantum Park Planned Industrial Development district. ER: Glen Hanks, agent for 1325 Gateway, LLC, and Randall Martin, CFO for XPLANATION OF EQUEST The King’s Academy are seeking conditional use / major site plan modification approval for the conversion of approximately 5,690 square feet of the total 14,692 square foot Center Point Church building to a pre-school / daycare use for up to 120 students. The applicant expects to begin operations immediately utilizing two (2) existing Sunday school classrooms, which will limit initial enrollment to approximately 30 children. After some period of operation, the applicant would apply for the necessary building permits for interior renovations intended to accommodate the additional students. The pre-school / daycare use is generally compatible with the church, the charter school use on the remainder of the site and with the surrounding office uses on adjacent properties. With the building’s large setbacks and appropriate buffering, any impacts should be minimal. There are no building façade modifications proposed at this time. Staff suggested the traffic engineer analyze the signalized intersection relative to the current signal operation with the high school, two (2) charter schools and an existing day care facility in close proximity, to ensure queuing / stacking of vehicles for this facility would not adversely affect traffic flow on Gateway Boulevard. The traffic engineer conducted the analysis and concluded that there was sufficient length to store the expected vehicle queues. Unlike the other schools in the area, the proposed day care operation receives children at various / sporadic times, based on work or personal schedules of parents, and has a program starting time of 9:00 a.m. which would not conflict with the starting of times of Boynton High or the two nearby charter schools. 184 of 308 The Planning & Development Board forwards the request with a recommendation of approval; along with an additional condition of approval to require the mounting of permanent traffic delineators (flexible bollards or posts), rather than the proposed daily use of temporary traffic cones by daycare staff, to direct on-site traffic movements. Staff has added the Board recommendation to the conditions of approval (Exhibit “D”). However, staff does not believe the permanent traffic delineators are necessary and that the use of temporary traffic cones at peak times during the morning and afternoon (like at most schools) will be sufficient, will not hamper emergency response, and not impact the other shared uses of the site outside the daycare’s hours of operation. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The fiscal impact on the City is negligible, and is limited to an annual business tax of ISCAL MPACT $147 (and a one-time application fee of $40). Economic impact is difficult to quantify, but direct impact would include additional jobs as well as the possible purchase of food, cleaning and other supplies from local vendors for the operation of the business. Moreover, increased availability of child care at a reasonable cost may allow a parent(s) to enter the work force. Additionally, the project will initially generate permit revenue from the minor site modifications to accommodate the operational characteristics of the new business and future permit revenues associated with interior space modifications as the number of students increase from 30 to 120. A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES 185 of 308 186 of 308 187 of 308 188 of 308 189 of 308 190 of 308 191 of 308 192 of 308 193 of 308 194 of 308 195 of 308 196 of 308 197 of 308 198 of 308 199 of 308 EXHIBIT “D” CONDITIONS OF APPROVAL Major Site Plan Modification Project name: King’s Academy Preschool File number: COUS 11-002/MSPM 11-001 Reference: 2ndreview plans identified as a Major Site Plan Modification with a April 5, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING Comments: 1. The traffic analysis has been submitted to Palm Beach County, even though the building is within the Quantum Park DRI, in order that the County may review potential impacts to a corridor which connects to I-95 and to account (NOTE: The for the additional trips to the system for modeling purposes.X applicant will be required to comply with any recommendations outlined in the concurrency approval deemed necessary by the City, at the City’s sole discretion). 2. At time of permit submittal, explain how surface water is directed away from the playground area and provide typical cross-sections of the playground/pervious/impervious areas. Show the grading, paving, drainage X rearrangements of the “new parking layout” to the nearest drainage catch basins. UTILITIES Comments: None FIRE Comments: 3. All other items will be addressed at the time of plan review. X POLICE Comments: None BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments X may not be generated by the Commission and at permit review. 5. At time of permit review, submit signed and sealed working drawings of the 200 of 308 DEPARTMENTS INCLUDE REJECT proposed construction. X 6. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order X and approved by the City Commission. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: 7. The applicant must have the landscape/irrigation improvements on lots #18A and #19A inspected by the Quantum Park POA in coordination with the City. X PLANNING AND ZONING Comments: 8. The operator of the preschool/daycare will be responsible for informing all parents of the appropriate circulation pattern for exiting the parking lot, as well as enforcement thereof, as depicted and described in the letter from the X Traffic Engineer. 9. The applicant is responsible for compliance with Ordinance 05-060, the “Art in Public Places” program and must demonstrate their participation. X 10. It is the applicant’s responsibility to ensure that the Conditional Use/Major Site Plan Modification is publicly advertised in accordance with Ordinance X 04-007. PLANNING & DEVELOPMENT BOARD Comments: 11. In lieu of placing orange cones to direct traffic daily, the applicant shall place permanent flexible tubular delineators, directional signage and pavement markings as approved by staff prior to permitting. X CITY COMMISSION Comments: TBD S:\Planning\SHARED\WP\PROJECTS\King's Academy Preschool\COUS 11-002/MSPM 11-001\COA amended.doc 201 of 308 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: King’s Academy Pre-school / Daycare APPLICANT’S AGENT: Glen Hanks, Glen Hanks Consulting Engineers, Inc APPLICANT’S ADDRESS: 7522 Wiles Road, Suite 203 B, Coral Springs, FL 33067 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 17, 2011 TYPE OF RELIEF SOUGHT: Request Conditional Use / Major Site Plan Modification approval for a 5,690 square foot pre-school / daycare within the CorePoint Church located on lots 18 & 19 in Quantum Park. LOCATION OF PROPERTY: 1275 Gateway Boulevard Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ 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 ____________________________________________________________ 202 of 308 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\King's Academy\COUS 11-002 MSPM 11-001\DO.doc 203 of 308 10. A CITY MANAGER’S REPORT May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Request initiation of the naming process as set forth in EQUESTED CTION BY ITY OMMISSION Ordinance 06-078 which will allow the Greater Boynton Beach Foundation (GBBF) to solicit donations coupled with naming rights. ER: The Greater Boynton Beach Foundation has embarked on a XPLANATION OF EQUEST Capital Campaign to raise $500,000 for the Congress Avenue Barrier Free Park Project. The campaign materials will include a list of “Donor Recognition Opportunities” to purchase playground equipment, park structures, benches, public art, etc., along with an opportunity for park naming rights should a donation of $2M be received. The list is attached. In relation to the naming of the park, City Ordinance 06-078 establishes a process for naming city facilities. In this instance, the Greater Boynton Beach Foundation seeks approval to list a naming opportunity for the park should the foundation successfully solicit a donation in the amount of $2M. The park renaming will come before the City Commission for final approval. H? Extends authorization to the Greater OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Foundation to offer a park naming opportunity for Congress Avenue Barrier Free Park for a donation of $2M. FI: Donations received via the capital campaign will go directly toward the park ISCAL MPACT project/development. A: 1) Do not allow the Foundation to offer the naming opportunity for Congress LTERNATIVES Avenue Barrier Free Park for $2M; 2) Modify the amount of the donation required for renaming the park. 204 of 308 CONGRESS AVENUE BARRIER FREE PARK Donor Recognition Opportunities 2011 Park Name $2,000,000 Large Play Feature 500,000 Small Play Areas (2) 250,000 Water Feature 175,000 Picnic Pavilion 100,000 Restroom 100,000 Large Shade Cover 100,000 Public Art 60,000 Tree House 50,000 Single Evos Play Structure 45,000 Sway Fun 40,000 Medium Shade Cover 30,000 Perimeter Trail and Bridge B 23,000 Bridge C 15,000 Seating Areas 23,000 Small Shade Cover 15,000 Loop Trail 15,000 Bridge D 7,500 Bridge E 7,500 Entry Sign 7,000 Double Arch Swings 5,000 Tire Swing 4,000 Orbiter Spinner 4,000 Wiggle Walk 2,500 Water Fountain 2,500 Toddler Swings 2,000 Umbrella Table (21) 1,500 Saddle Spinner 1,200 Curved Balance Beam 1,000 Picnic Table (9) 1,000 Bench (21) 850 Trash Receptacle (9) 850 Bike Rack (5) 500 205 of 308 206 of 308 207 of 308 208 of 308 209 of 308 10. B CITY MANAGER’S REPORT May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Presentation and Discussion of Historic High School EQUESTED CTION BY ITY OMMISSION Redevelopment Business Plan Options. ER: Mr. Rick Gonzalez, REG Architects and Mr. Kevin Greiner, IBI XPLANATION OF EQUEST Group, Inc. will present a report on the Historic High School Redevelopment Project. As the Commission may recall, the City entered into contract with REG Architects in 12/2010 for redevelopment consulting services. The scope of work to be accomplished included the development of a public domain survey, public engagement planning session and ultimately a report to the Commission that will include use options as well as funding options for the redevelopment of the Historic High School. NOTE: The project consultant will not have the report available until Friday, May 13, 2011 at which time the report will be emailed to the City Commission and placed on the City’s website as an addendum to the Commission packet. H? Provide a plan for redevelopment options. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Cannot be determined yet. Depends on redevelopment plans. ISCAL MPACT A: Do not hear presentation. Do not move forward with redevelopment plans for LTERNATIVES Historic High School. 210 of 308 10. C CITY MANAGER’S REPORT May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 discussions of Downtown development options. EQUESTED CTION BY ITY OMMISSION This item was referred to the City Commission from the CRA Board meeting of April 12, 2011. ER: On February 17, 2011 the City Commission and CRA Board held a XPLANATION OF EQUEST joint public workshop to discuss future downtown development options. As a result of this workshop City/CRA staff was directed to develop a report identifying a variety of development options. The initial report included six development options which identified land size/locations, estimated costs, pros and cons. A follow up report was presented to the CRA Board at their April 12, 2011 meeting. During discussions the option of renovating City Hall and PD was added to the list. Staff was further directed to research the estimated costs of renovating the existing building, up to and including adding an additional floor to the building. The April 12, 2011 report to the CRA Board has been amended to include renovation of City Hall and PD (amended report attached). The following attachments are included for continued review and discussion of the options: 1) Amended report including renovation option 2) Email from PW Director/City Engineer outlining three “sub-options” for renovations – based on useful life of building (10 yrs, 20 yrs and 30+ yrs) 3) Cost breakdown of three “sub-options” for renovation concept 4) City Hall Traffic Evaluation H? n/a – depends on development option OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES selected. 211 of 308 FI: ISCAL MPACT Option 1: City Hall/PD to Ocean Breeze $35.7M Option 1A: PD only to Ocean Breeze $22.1 M Option 2: PD/City Hall to High Ridge Parcel $35.0 M Option 2A: PD only to High Ridge Parcel $14.1 M Option 3: Move City Hall/PD to Civic Center area $29.5 M Option 4: Move City Hall/PD to private property in CBD $ TBA Option 5: Move City Hall/PD to private property in City $ TBA Option 6: Create Cultural Arts Campus $ TBA Option 7: Keep CH/PD w/refresh option – move dispatch $ 4.3M Option 8: Keep CH/PD w/20yr remodel -- move dispatch $14.0 M Option 9: Remodel Expand CH/PD Here – move dispatch $24.7M A: Information pending policy direction. LTERNATIVES 212 of 308 213 of 308 214 of 308 215 of 308 216 of 308 217 of 308 218 of 308 City Hall Traffic Evaluation Jeffrey R. Livergood, P.E. May 2, 2011 Purpose The purpose of this analysis is to determine what contribution City Hall and the Police Department have upon the surrounding roadway network. Assumptions 1.One employee or visitor visit to the municipal complex counts as two trips. (1 arrival + 1 departure = 2 trips). 2.Traffic must be distributed to the surrounding roadway network. Absent a formal traffic study, the distribution is often estimated based upon observations of the engineer. Therefore, I estimate the following distribution: st a.Seacrest Blvd. and NE 1 Ave: 50% st b.Boynton Beach Blvd and NE 1 Street: 35% st c.Ocean Avenue, east of NE 1 Street: 15% Measured Avg. Daily Traffic - ADT (Palm Beach County Traffic Division, June 2010) Seacrest Blvd, south of Boynton Beach Blvd . 13,982 Boynton Beach Blvd, east of Seacrest Blvd. 15,339 Measured Average Daily Traffic (ADT), April 2011, Counts by City tube counters Total Measured trips at Municipal Complex: 2,809 a.Approximately 2,519 staff/ops and 290 visitor (2,809) b.Approximately 2,314 staff/ops and 286 visitor from 6 am to 7 pm. (2,600) Alternative data calculation would rely upon trip generation rates published by the Institute of Transportation Engineers. Category 733, Government Complex suggests 27.92 trips per 1,000 SF of building. In our scenario the total municipal complex is around 86,700 SF yielding an estimated trip count of 2,421 trips (86.7 x 27.92). Therefore, our measured data set of 2,809 daily trips appears valid and is the volume that will be used in this analysis. All analysis is on a 24 hour (ADT) basis because that is the standard timeframe. Trip Assignment of Municipal Complex vehicles Seacrest Blvd: 1,405 (50% of 2,809) Boynton Beach Blvd: 983 (35% of 2,809) Other South 421 (15% of 2,809) Municipal Complex contribution to surrounding arterial roadway network Seacrest Blvd, south of Boynton Beach Blvd: 10.0% (1,405 of 13,982) Boynton Beach Blvd, east of Seacrest Blvd:. 6.4% (983 of 15,339) 219 of 308 220 of 308 10. D CITY MANAGER’S REPORT May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Discuss Economic Development incentives and allocation EQUESTED CTION BY ITY OMMISSION of funding for the City of Boynton Beach and provide policy direction to staff. ER: At its meeting of April 5, 2011 a member of the City Commission XPLANATION OF EQUEST requested that staff provide a report regarding the current city code and proposed incentives and the allocation of funding for the City’s Economic Development program. In the attached narrative staff has provided an overview of available economic development incentives as well as a summary of the relevant sections of the existing code with recommendations for changes. H? The outcome of this discussion could OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES result in direction from the City Commission regarding code amendments and funding for economic development incentives. FI: To be determined ISCAL MPACT A: Retain the existing code language LTERNATIVES 221 of 308 Economic Development Incentives in Boynton Beach Like many other communities, the City of Boynton Beach finds itself in the position of having to compete with other cities, states and regions for the businesses and industries that provide jobs for its citizens and taxes to support its public services. In so doing it has adopted a number of local incentive programs with the expectation that they will help to attract and/or retain said businesses and industries. These include such things as building permit and fee waivers, expedited permitting, direct loans and the payment for off-site infrastructure costs. Some of these incentive programs are limited to specific geographic areas within the city while others can be applied city wide. For example, the city has applied the provisions of Florida Statute 163, which allows for the creation of a tax increment finance entity known as a Community Redevelopment Agency (CRA) for the purpose of eliminating and/or preventing the spread of slums and blight in a particular area of the city. The CRA can also be used for projects that provide for affordable housing and projects involving the rehabilitation and revitalization of coastal resort and tourist areas. The tax increment captured by the CRA is applied to fund a redevelopment trust fund that can be used for such things as direct loans to redevelopment projects, property acquisition on behalf of such projects, or pledged to cover the obligations of revenue bonds issued by the agency to finance said projects. In 1996 the City Commission adopted Ordinance 96-46 which amended Section 8-1 of the City Code titled Economic Development Generally. This section of the code provides for additional incentives, in the form of fee reductions or waivers for new businesses locating within the city’s Community Redevelopment Area. These include waivers of impact fees and waivers of building permit fees, which if granted, would have to be paid by the city itself. In addition, this section allows for the city to assume the full cost of any off-site water and/or sewer construction necessary for the business to locate in the CRA. However, although this section of the code allows for the granting of these waivers on behalf of eligible businesses, it does not place any requirements on the businesses themselves or establish any performance criteria that must be met in order for them to receive these waivers. In short, this section amounts to a straightforward “giveaway” without any type of guaranteed return to the city. A comparative survey by City staff searching for similar incentive provisions in other cities and counties revealed that the Boynton Beach language was very generous to developers and was unique. For example, Boca Raton and Delray Beach do not have any language in their codes like the Boynton Beach Code. Their staff was surprised at our language. This contrasts with Section 8-2 of the code which applies to Economic Development in Planned Industrial Districts (PID). In this case new businesses, or existing businesses that are expanding in PID’s, must provide a minimum of 50 new jobs to be eligible for waivers of impact fees or building permit fees. In addition, such businesses must maintain their operations at this level for a minimum of three years and pay their new non-managerial employees a minimum salary of $12.74 per hour. Moreover, unlike Section 8-1, there is no provision in this section for the city to pay for the off-site construction costs of any utilities needed to service the business. Page 2 222 of 308 As noted above, a staff survey of a dozen Florida cities, including eight in Palm Beach County, found that most do not have any fee waiver program similar to what is allowed in the city’s CRA district. The only exception was the City of Tampa, which has three specific impact fee exemption areas. To the extent most of these cities offer any type of incentive program, they are usually targeted to specific types of businesses or industries and tied in some way to the performance of the particular business, i.e. providing a certain number of Jobs. As pointed out in the attached report “Impact Fee Reductions and Development Activity: A Quantitative Analysis of Florida Counties”, waivers of impact fees is a one-off “feel good” incentive which rarely makes a difference in stimulating new investment. Confirmation of this last point can be seen in two recent and relatively successful mixed use developments in the City of Boynton Beach. Both the Renaissance Commons Development at Congress and Gateway Blvd. and the Las Ventanas Development at Federal Highway and Woolbright, for example, were built without any fee waivers or other financial incentives from either the city or the CRA. In light of these facts, staff would recommend that, at a minimum, Section 8-1 of the City Code be amended to include the same or similar standards of eligibility for businesses to receive fee waivers that exist in Section 8-2 of the Code. In addition, it is recommended that Section 8-1 Paragraph E be eliminated and that Paragraph F be revised to indicate that funds to pay for requested economic development incentives in the CRA area shall come from the CRA trust fund instead of the city. 223 of 308 224 of 308 225 of 308 226 of 308 227 of 308 228 of 308 229 of 308 230 of 308 231 of 308 232 of 308 233 of 308 234 of 308 235 of 308 236 of 308 10. E CITY MANAGER’S REPORT May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Receive staff review of current regulations limiting the EQUESTED CTION BY ITY OMMISSION maximum truck capacity allowed within residential zoning districts to 1 ton. ER: The review of the subject regulations has been prompted by the XPLANATION OF EQUEST citing of a property owner for violation of said regulations and his request that the City grant him relief. The section of the code that is the subject of the violation is shown below in paragraph “(b)”, of Section 14-3, Chapter 14 of Part II, Code of Ordinances: (b) Time limit in areas zoned residential. It is hereby declared unlawful for any individual to park, cause to be parked or allow to be parked any farm tractor, semitrailer, truck or other motor vehicle greater than one (1) ton chassis configuration for a longer period than fifteen (15) minutes in any residential area of the city as defined on the city's master zoning map, unless the actual loading or unloading of such vehicle is involved and in progress. History of Subject Standard and Related Regulations: In 1957, the State of Florida adopted the “Florida Model Traffic Ordinance,” which defined many types of vehicles, including trucks. The following year, the City adopted Ordinance #304, which included the State Model Ordinance, as well as established maximum speed limits on certain streets. Adoption of Ord. 304 represented one of the first in the City to regulate trucks. In 1962, the City Council adopted Ordinance 62-2, which established restrictions against parking trucks in residential areas. A 15-minute time restriction was applicable to all trucks having payload capacities greater than three-quarters (¾) of a ton. This tonnage threshold remained unchanged for 30 years until 1993, when the City Commission adopted Ord. 93-6 and Ord. 93-36, which increased the maximum payload to 1-ton while introducing 237 of 308 the term “chassis configuration” to the code, possibly to clarify the code’s application to carrying (cargo) capacity rather than to “curb weight” or “gross vehicle weight” (GVA) (see Attachment “A” for the code excerpt). It should be noted that during that 30-year period, the City adopted Ordinance 78-2, which established certain restrictions for the parking and storage of recreation vehicles and boats and / or boat trailers within residential areas. Background of Truck Sizes and Capacities: Pickup trucks (herein referred to as trucks) come in varying sizes, and they have been getting larger throughout the years. Small trucks, known as “compact,” trucks were popularized in the United States in the 1960’s and 1970’s. They are constructed with two (2) axles, a conventional cab, and a leaf spring suspension on the rear wheels. The “mid-size” truck became popular in the late 1980’s and early 1990’s after the introduction of the Dodge Dakota. The larger size of the Dakota as compared to its smaller contemporaries gave it the ability to carry sheets of plywood fully within the cargo bed. The “full-size” truck, which is the largest type of pickup, was typically branded with varying payload capacities, such as ½-ton; ¾-ton; 1- ton; and 1 ½-ton. Along with many other specifications, tonnage or payload capacity is used to categorize and market trucks. For example, a ½-ton vehicle possesses the ability to carry 1000 lbs of cargo, while a 1-ton vehicle can carry 2000 lbs. This general maximum payload measurement can be quite misleading however, when commonly associated with certain truck models, as most modern trucks can carry cargo heavier than their corresponding general “duty” category, and the maximum tonnage capacity varies by many factors. Manufacturers currently acknowledge that tonnage ratings are meant only to define the duty level, and the maximum cargo capacity varies by many factors, including engine size and drivetrain design (i.e. 4 wheel drive vs. 2 wheel drive), and vehicle size and weight (e.g. cabin design - standard cab vs. crew cab). Using a collection of different web site sources, staff found the following information that describes the common association of tonnage types and models:  ½-ton: ”Light-duty” pickups are the most popular trucks sold. With maximum payload capacities residing under 2,500 lbs, these types of trucks are typically used for hauling household items such as furniture and appliances, or used with small home or yard projects. Such vehicles are also commonly used for pulling loads including small to medium sized trailers, boats, and campers or travel trailers. Examples of these trucks include the F-150; the Silverado 1500, and the Dodge Ram 1500.  ¾-ton: According to Chevrolet, this is the upper end of the “light duty” class of trucks, with nearly twice the hauling capacity of the lighter models. These vehicles are the first step to a professional grade pickup. Suitable for occupations such as small landscaping businesses and other contractors, this grade of tonnage is ideal for towing a variety of medium trailers and fairly heavy cargo. This class is also common for towing purposes of large boats/trailers and medium sized campers to heavier campers and larger travel trailers. Examples include the F-250, the Silverado 2500 and the Dodge Ram 2500.  1-ton and up: These vehicles are connected to the term “dually,” based on their typical design with two wheels on each side of the rear axle. Vehicles in excess of 1-ton are typically reserved for full-time commercial use or personal use for towing large trailers or recreational vehicles such as the heavier fifth wheel units (travel trailers) and heavy boats and accompanying trailers. One-ton vehicles offer the greatest hauling capability. For example, the Ford “Super Duty” F-450 with a 16,000 lbs conventional towing rating, it is capable of moving heavy trailers containing 238 of 308 horses and cars. Other examples include the Chevrolet Silverado 3500 and 4500, and the Dodge Ram 3500 and 4500. Although the model numbers typically separate the general tonnage classes, the manufactured bodies are often repeated throughout these main classes. Meaning, when comparing for example the F-250 with the F-350, or the F-350 with the F-450, there may be very little visible differences in the base units. Of course certain models include packages or upgrades that offer physical uniqueness; however, the general size specifications are generally similar. The same rule applies to both the Chevy series and Dodge Ram series listed herein. An exception would be the modification of the rear box, and specifically the rear wheel wells, in conjunction with the dual wheel design. Therefore, the base vehicle length, height, and width of these truck series, regardless of tonnage, are generally similar. The typical length ranges of the F-150 series, and all other models through the F-450 series are between 17 feet and 21 feet, and between 19 feet and 22 feet, respectively. As for width, both groups have identical specifications of 6.6 feet, and total cab heights of the different models range between 6 feet and 7 feet, with most models/versions being less than 6.5 feet high. More common factors that may increase the size and bulk of such trucks, regardless of cargo capacity, include cabin capacity (i.e. standard vs crew or extended cab), customization, and typical lift packages that raise the chassis and body up by 3 to 6 inches above the standard factory design. Lift packages are added to increase the tire size and type options, as well as to achieve appearance objectives. Prior Code Review History: The purpose and value of this maximum truck size standard was last visited by the City Commission in 1995 during a workshop devoted to reviewing all regulations pertaining to residential appearance. A summary of the highlights of the discussion is as follows:  Commercial vehicle presence may have been a greater concern, which was possibly attributed to the 1993 increase in maximum truck tonnage (to ¾ ton);  Maximum tonnage standard does not help appearance or blight issues attributed to the condition or number of other size-compliant vehicles including boats and travel trailers parked on a residential property;  The maximum tonnage standard may not be accomplishing the intended objective; and  A vehicle-neutral standard may be preferable, which regulates maximum vehicle size (e.g. length, height or width), rather than targeting commercial vehicles or basing it on other design specifications. No action was taken following the workshop discussion; the truck and vehicle topic was placed “on hold” leaving the emphasis of the workshop on the simpler topics of paint and roof conditions and parking in swales. Summary Recommendation: Given the relatively short time to review this regulation, its apparent complexity, and the uncertainty of the intended objective, staff is of the opinion that, for the time being at least, the best course of action would be maintain the status quo (no change). As indicated above, the current method of regulating trucks within residential areas has been in place since 1962. Leaving this standard and associated methodology unchanged would prevent disruption to 1) 239 of 308 this longstanding regulation; 2) the established enforcement and administration processes; and 3) the understanding held by local citizens. However, given that the range of cargo capacities has increased over time and varies by different truck models, thereby making it difficult to identify corresponding maximum tonnage and enforce said regulations, it is recommended that, sometime in the near future, these regulations be revisited in light of changed circumstances and other weaknesses as documented herein. City Manager Comment: At present, I recommend that we not study or pursue this matter other than to make sure that the enforcement procedures under our present code are clear and concise. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not delay further research into possible amendments to these regulations and LTERNATIVES direct staff accordingly. 240 of 308 241 of 308 11. A UNFINISHED BUSINESS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-059 - Establish a EQUESTED CTION BY ITY OMMISSION Special Events Ad Hoc Advisory Committee ER: At the April 27, 2011 City Commission meeting, the Commission XPLANATION OF EQUEST reviewed best practices for special events committees from Ogden, Utah and West Palm Beach, Florida. The Commission directed staff to create a structure for a Special Events Ad Hoc Advisory Committee based on elements from both of those municipalities to include a mission statement, specific skill set qualifications and goal oriented duties and responsibilities. Attached are several draft exhibits that address the composition and responsibilities of the committee, the application form and an event evaluation form, for review and approval by the Commission. H? An Ad Hoc Advisory Committee for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES special events will provide the opportunity to have major special events taking place in the City planned, discussed and budgeted in one central location with parties interested in the events. The committee’s purpose will be to recommend to the Commission fundraising and special event opportunities, plan and implement those events and activities and maintain a city-wide special event calendar throughout each fiscal year. The Ad Hoc Committee will function as such for a two-year term and be re-evaluated by the City Commission to determine if the committee will become permanent. FI: None. There will be no General Fund budget associated with this committee. ISCAL MPACT A: Not to approve the structure for the Special Events Ad Hoc Advisory LTERNATIVES Committee, or make recommendations for changes to the structure. 242 of 308 Attachments:  Draft Special Events Ad Hoc Advisory Committee Structure  Draft Special Events Ad Hoc Advisory Committee Application  Sample Special Events Evaluation Form 243 of 308 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A SPECIAL EVENTS AD HOC ADVISORY COMMITTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach has determined that it is in the best interests of the citizens and residents of the City to establish a Special Events Ad Hoc Advisory Committee; and WHEREAS , this ad hoc committee will provide the 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission here by establishes a Special Events Ad Hoc Advisory Committee as follows: SPECIAL EVENTS AD HOC ADVISORY COMMITTEE Mission Statement: The Special Events Ad Hoc Advisory Committee (“the committee”) is a working committee that exists to suggest, evaluate and implement special events within the city that increases economic development, celebrates unity in diversity and promotes the City of Boynton Beach as a vibrant, livable destination community. The committee is also responsible for tracking major special events within the city through a city-wide events calendar Composition: The committee shall be composed of five regular and two alternate members appointed by the City Commission for terms of two years. The committee shall select from its membership a chair, co-chair and secretary for the committee. Qualifications: The committee members shall include representatives of neighborhood associations, local businesses and community-based organizations who can contribute to the continued growth and excellence of the city’s special events and who can offer expertise and experience in the areas of:  Public Relations  Communications 244 of 308  Event Planning  Event Organizing  Marketing  Accounting  Fundraising Duties and Responsibilities: The committee will evaluate city initiated events to improve quality and attendance at 1 events that will have a positive community impact. The committee will make recommendations to the City Commission regarding specific 2 special events and new special events. The committee will serve as liaison and facilitate an information exchange between 3 neighborhood associations, local businesses and community-based organizations and the city. The committee will identify locations throughout the city that can be utilized for special 4 events. The committee will develop and implement strategies to encourage city-wide 5 participation in special events. The committee will identify creative local, state and national marketing and advertising 6 opportunities. The committee will identify and secure monetary and nonmonetary opportunities for 7 special events sponsorship The committee will develop and implement ideas for maintaining a continuous marketing 8 effort to improve and promote the public image of the city’s special events. The committee will develop and implement ideas for revenue producing and revenue 9 sharing opportunities. The committee will develop and implement strategies to identify and attract potential 10 special events sponsors. The committee will identify events that have the potential to become signature events for 11 the community. The committee will investigate and identify ways to reduce event support from City 12 departments. Meetings and Reporting: The committee shall:  Meet once monthly on a regular basis which date shall be established by its members.  Ensure that all meetings be open to the public and adhere to the Florida Sunshine Laws.  Provide a report to the City Commission no less than on a quarterly basis, or as often as necessary to provide recommendations, observations, concerns or other information.  File an annual “state of special events” report with the City Commission so that it will be reviewed during the month of May, thus affording time to address special events and the budget for the City for the following fiscal year. Staff Liaison: The staff liaison is responsible for:  Receiving a completed agenda from the committee each month to be distributed to the City Clerk.  Placing reports created by the committee on the City Commission agenda.  Providing guidance to the committee that will assist them in the implementation of their duties and responsibilities. 245 of 308 Section 3. The Special Event Ad Hoc Advisory Committee shall function in the sunshine. Section 4. That this Resolution shall become effective immediately upon passage. 246 of 308 PASSED AND ADOPTED this ______ day of May, 2011. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – William Orlove ___________________________________ Commissioner – Woodrow L. Hay ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 247 of 308 SPECIAL EVENTS AD HOC ADVISORY COMMITTEE Mission Statement: The Special Events Ad Hoc Advisory Committee (“the committee”) is a working committee that exists to suggest, evaluate and implement special events within the city that increase economic development, celebrate unity in diversity and promote the City of Boynton Beach as a vibrant, livable destination community. The committee is also responsible for tracking major special events within the city through a city-wide events calendar Composition: The committee shall be composed of five regular and two alternate members appointed by the City Commission for terms of two years. The committee shall select from its membership a chair, co-chair and secretary for the committee. Qualifications: The committee members shall include representatives of neighborhood associations, local businesses and community-based organizations who can contribute to the continued growth and excellence of the city’s special events and who can offer expertise and experience in the areas of:  Public Relations  Communications  Event Planning  Event Organizing  Marketing  Accounting  Fundraising Duties and Responsibilities: The committee will evaluate city initiated events to improve quality and 1 attendance to ensure they will have a positive community impact. The committee will make recommendations to the City Commission regarding 2 specific special events and new special events. The committee will serve as liaison and facilitate an information exchange 3 between neighborhood associations, local businesses and community-based organizations and the city. The committee will identify and maintain an inventory of locations throughout the 4 city that can be utilized for special events. The committee will develop and implement strategies to encourage city-wide 5 participation in special events. The committee will identify creative local, state and national marketing and 6 advertising opportunities. The committee will identify and secure monetary and nonmonetary opportunities 7 for special events sponsorship The committee will develop and implement ideas for maintaining a continuous 8 marketing effort to improve and promote the public image of the city’s special events. The committee will develop and implement ideas for revenue producing and 9 revenue sharing opportunities. The committee will develop and implement strategies to identify and attract 10 potential special events sponsors. The committee will identify events that have the potential to become signature 11 events for the community. 248 of 308 The committee will investigate and identify ways to reduce event support from 12 City departments. Meetings and Reporting: The committee shall:  Meet once monthly on a regular basis which date shall be established by its members.  Ensure that all meetings be open to the public and adhere to the Florida Sunshine Laws.  Provide a report to the City Commission no less than on a quarterly basis, or as often as necessary to provide recommendations, observations, concerns or other information.  File an annual “state of special events” report with the City Commission so that it will be reviewed during the month of May, thus affording time to address special events and the budget for the City for the following fiscal year. Staff Liaison: The staff liaison is responsible for:  Receiving a completed agenda from the committee each month to be distributed to the City Clerk.  Placing reports created by the committee on the City Commission agenda.  Providing guidance to the committee that will assist them in the implementation of their duties and responsibilities. 249 of 308 250 of 308 251 of 308 13. A LEGAL May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. R11-060 - Approve EQUESTED CTION BY ITY OMMISSION execution of the Joinder to the Memorandum of Understanding between The South Florida Water Management District, Palm Beach County, Lake Worth Drainage District, and the City of Fort Lauderdale, regarding C51 Water Supply & Water Quality Reservoir Planning and Development ER: The Boynton Beach Utility along with other utilities in the Palm XPLANATION OF EQUEST Beach and Broward County area is subject to acquiring a Consumptive Use Permit (CUP) from the South Florida Water Management District (SFWMD). The CUP is a set of regulations regarding the source and volume of water that the individual user is permitted to withdraw from the system. The City currently has a 20 year permit that was issued in December of 2009 and is subject to 5 yearly reviews. The SFWMD has promulgated various rules to ensure that there is sufficient water to meet both the needs of the environment as well as irrigation and drinking water for the local population. Nonetheless the canal infrastructure used to handle the rainfall during the rainy season is designed to send surplus water to the ocean through major West/East canals such as the C16 here in Boynton and the C51 that parallels Southern Boulevard and there is no means of storing it for the future. The parties to the MOU are interested in determining the feasibility of storing some of the water flowing along the C51 canal in the Palm Beach Aggregate pits out at Twenty Mile Bend. During the dry season the water would be reclaimed from the pits and pumped into the Lake Worth Drainage District (LWDD) canal system. The LWDD canals provide an easy means of transporting the water throughout the region. The water level in these canals provides recharge to the surficial aquifer from which the utilities pump water for their systems. Effective recharge will ensure the longer term viability of this aquifer and prevent the need for seeking more expensive water sources such as the deeper Floridan aquifer. 252 of 308 H? If the project proves to be feasible it will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES enable the city to delay indefinitely the need to build any wells and associated process plant to treat Floridan aquifer water. This is currently envisaged around 2023 in our current CUP. Additionally if the plan proceeds it will be on the basis of providing us with a 50 year permit to use water from the cheaper surficial aquifer. FI: There is no cost to the city at this preliminary stage. If the study concludes that ISCAL MPACT this project has potential we may be asked to contribute towards the next phase. We will seek separate authorization at that point. A: Continue with current water supply plans with the potential for heavy LTERNATIVES investment in Floridan aquifer wells and treatment plant. 253 of 308 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE JOINDER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PALM BEACH COUNTY, LAKE WORTH DRAINAGE DISTRICT AND THE CITY OF FORT LAUDERDALE REGARDING C51 WATER SUPPLY AND WATER QUALITY RESERVOIR PLANNING AND DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to execute the Joinder to the Memorandum of Understanding between the South Florida Water management District, Palm Beach County, Lake Worth Drainage District and the City of Fort Lauderdale regarding C51 Water Supply and Water Quality Reservoir Planning and Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to execute the Joinder to the Memorandum of Understanding between the South Florida Water management District, Palm Beach County, Lake Worth Drainage District and the City of Fort Lauderdale regarding C51 Water Supply and Water Quality Reservoir Planning and Development, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2011. 254 of 308 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 255 of 308 256 of 308 257 of 308 258 of 308 259 of 308 260 of 308 261 of 308 262 of 308 263 of 308 264 of 308 265 of 308 266 of 308 267 of 308 268 of 308 269 of 308 270 of 308 271 of 308 272 of 308 273 of 308 274 of 308 275 of 308 276 of 308 277 of 308 278 of 308 279 of 308 280 of 308 281 of 308 282 of 308 283 of 308 284 of 308 285 of 308 286 of 308 287 of 308 288 of 308 13. B LEGAL May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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. ER: THIS ITEM IS TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at XPLANATION OF EQUEST 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. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 289 of 308 FI: ISCAL MPACT A: LTERNATIVES 290 of 308 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 SW 1st Avenue, and nd 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 Avenue and north of lots fronting on SW 1st Avenue (see Exhibit “B”, Blocks 11-12, Boynton Heights), less a 50 foot 291 of 308 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 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: 292 of 308 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 293 of 308 294 of 308 295 of 308 296 of 308 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: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 297 of 308 DATED:__________________________ _____________________________________________ City Clerk st S:\Planning\SHARED\WP\PROJECTS\Ocean Ave and SW 1 Ave ABAN 11-002\REVISED DO FOR 032211.doc 298 of 308 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 299 of 308 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 300 of 308 301 of 308 302 of 308 303 of 308 14. A FUTURE AGENDA ITEMS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 304 of 308 14. B FUTURE AGENDA ITEMS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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: Recommended revisions to the City of Boynton Beach EQUESTED CTION BY ITY OMMISSION Pay Plan so that it properly reflects the City's current compensation policies, eliminates outdated policies and coincides with the Personnel Policy Manual (PPM) - 6/7/11 ER: The City’s Pay Plan is a summary document that guides the XPLANATION OF EQUEST manner in which employees are paid. The Pay Plan applies to all classifications, unless the classifications are covered by a collective bargaining agreement or appointment letter. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 305 of 308 14. C FUTURE AGENDA ITEMS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 staff report on Boynton Woman's Club - June EQUESTED CTION BY ITY OMMISSION 21, 2011 ER: At the May 3, 2011 City Commission meeting the City Commission XPLANATION OF EQUEST directed staff to research the possibility of managing/taking over the Boynton Woman’s Club building on S. Federal Highway. Early research indicates the City Commission considered management and long term leasing of the building in 2004 and subsequently opted not to move forward with the arrangement at that time. Staff will conduct research/due diligence on the prospect and prepare a follow up report to the Commission for the June 21, 2011 Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 306 of 308 14. D FUTURE AGENDA ITEMS May 17, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 17, 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 FY 2011-2012 Budget Workshop Dates EQUESTED CTION BY ITY OMMISSION ER: The City Commission Budget Workshops for the FY 2011/2012 XPLANATION OF EQUEST Operating and CIP Budget will be held on the following dates/times: Monday July 11, 2011 1:00 pm to 8:00 pm Library Program Room Tuesday July 12, 2011 1:00 pm to 5:00 pm Library Program Room Wednesday July 13, 2011 9:00 am to 5:00 pm Library Program Room The Workshops are public meetings. The public is encouraged to attend. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 307 of 308 14. E FUTURE AGENDA ITEMS May 17, 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 308 of 308