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Agenda 06-07-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JUNE 7, 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 332 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez 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 of a Beautification Award from the Boynton Beach Garden Club to Glenda Hall. Presentation will be made by Garden Club Co-Presidents Jane Gavlick and Sonja Zalutko. B. Permit presentation of Tribute to Coalition of Boynton West Residential Associations in celebration of the organization's 30th anniversary. C. Proclaim Public Communicators Week, July 25-29, 2011. Wayne Segal, FGCA Vice President & Treasurer and City of Boynton Beach Public Affairs Director, will accept the Proclamation on behalf of FGCA 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 3 of 332 A. Approve the minutes from the City Commission meetings held on May 3 and May 12 and May 17, 2011 B. Accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the seven (7) month period ended April 30, 2011. C. Approve membership in the Gold Coast Clean Cities Coalition and authorize the Mayor to sign a letter of commitment to be included in the Florida Gold Coast Sustainable Community Planning for Electrical Vehicle Charging Infrastructure grant application. D. Approve cancellation of the current custodial contract with Performance Cleaning Group for non-submittal of performance/payment bond. E. Appoint Assistant City Manager Lori LaVerriere as one of two City representatives to the Boynton Cultural Centre. F. Receive the recommendations from the "review committee" to rename Veterans Park in honor of Harvey Oyer, Jr., rename Veterans Bicentennial Park to Veterans Park, and to rename the Boynton Beach Child Care Center building in honor of Lena Rahming. Additionally, to receive an update regarding the Boynton Beach/Lantana Rotary Club's request to have Jaycee Park renamed Boynton Beach Rotary Park. PROPOSED RESOLUTION NO. R11-061 G. - Approve an Agreement for Professional Services between the Cities of Boynton Beach, Delray Beach and Boca Raton and RCC Consultants, Inc., for engineering and consulting services associated with the consolidation of the three cities' radio/dispatch/911 functions for a firm fixed price of $54,000 or $18,000 for each City PROPOSED RESOLUTION NO. R11-062 H. - Rescind Interlocal Agreement between City of Boynton Beach and Town of Gulfstream dated September 7, 2004 PROPOSED RESOLUTION NO. R11-063 I. - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on May 5, 2011 1) Authorization to decrease our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2010/2011 to .2000/1,000 gallons 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R11-064 A. - Award the remaining period (June 8, 2011 - September 30, 2012) of a "Two-Year Contract For Custodial Cleaning Services For Facilities", Bid #063-2511-10/JMA to the second lowest bidder, First Genesis Lawn Service, Inc., of Boynton Beach, Florida, in the amount of $366,656 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 4 of 332 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. None 10. CITY MANAGER’S REPORT A. Approve schedule/route change from 6-day per week refuse collection to 4-day per week refuse collection. B. Discuss Economic Development incentives and allocation of funding for the City of (TABLED on 5-17-11) Boynton Beach and provide policy direction to staff 11. UNFINISHED BUSINESS PROPOSED RESOLUTION NO. R11-059 A. - Establish a Special Events Ad Hoc (TABLED on 5/17/11) Advisory Committee TABLED from May 17, 2011 City B. Continue discussion of City Manager resignation - Commission Meeting. 12. NEW BUSINESS A. Request to consider amendment to City Code on temporary banners.. 13. LEGAL PROPOSED ORDINANCE NO. 11-017 - SECOND READING A. - Approve an 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. PROPOSED RESOLUTION NO. R11-060 B. - 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 (TABLED on 5-17-11) Development C. Request for closed door session to be held at 6:00 p.m. on June 21, 2011 regarding WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, - Palm Beach County Circuit Court - CASE NO. 50 2010 CA 029319 XXXX MB D. Discussion regarding applicability and possible modification to the City’s lobbying registration ordinance. 5 of 332 14. FUTURE AGENDA ITEMS A. Follow up staff report on Boynton Woman's Club - June 21, 2011 B. Announce FY 2011-2012 Budget Workshop Dates C. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD D. Request by the 300 Property Owners Association to receive title to vacant open-space property from the City. - For agenda 06-21-11. 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 332 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 of a Beautification Award from the Boynton EQUESTED CTION BY ITY OMMISSION Beach Garden Club to Glenda Hall. Presentation will be made by Garden Club Co-Presidents Jane Gavlick and Sonja Zalutko. ER: June 5, 2011 through June 11, 2011 is National Garden Week and XPLANATION OF EQUEST to commemorate this event, the Boynton Beach Garden Club would like to present a Beautification Award to Glenda Hall of the City of Boynton Beach’s Public Works/ Forestry & Grounds/Street Department. They are presenting this award to honor Glenda Hall’s design and implementation of the gardens surrounding the Boynton Beach City Library H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow presentation. LTERNATIVES 7 of 332 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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: Permit presentation of Tribute to Coalition of Boynton West EQUESTED CTION BY ITY OMMISSION th Residential Associations in celebration of the organization's 30 anniversary. ER: The Coalition of Boynton West Residential Associations, a not-for- XPLANATION OF EQUEST profit civic organization, has been serving the public interest since it was founded in 1981. On Wednesday, June 15, 2011, COBWRA will celebrate 30 years of civic and community service at an anniversary luncheon. This Tribute recognizes COBWRA’s many contributions to the quality of life in the Greater Boynton Beach area. Ken Lassiter, COBWRA president, will receive the Tribute on behalf of the organization. H? This Tribute will help raise public OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of how COBWRA and the City of Boynton Beach work in partnership to improve the quality of life for all citizens in the Greater Boynton Beach area. FI: None ISCAL MPACT A: Not permit presentation LTERNATIVES 8 of 332 COBWRA Tribute In 1981, Dr. Richard Carrington founded the Coalition of Boynton West Residential Associations. Its purpose was to address the needs of the area because there was no level of local government to do so. Representatives of seven neighborhood organizations met and elected Dr. Carrington as their first president. Over the years, COBWRA has grown to represent the interests of 94 associations. Officers, directors and committee members serve without monetary compensation and have worked long and hard to create a forum for support, education, networking and advocacy. They have adopted an organizational framework that encourages information sharing and collaboration by neighborhoods with diverse and distinct traits and concerns. True to their mission, members strive to improve the quality of life for West Boynton residents. COBWRA has earned considerable respect, and strives to protect its service area from unrestrained expansion and uncontrolled growth to the detriment of local residents. Their officers and members are frequently consulted by the Palm Beach County Planning Department and have been requested to serve on many County committees. Among their many accomplishments is their assistance to the Planning Department in creating a Master Plan for Future Development of West Boynton. Some of the issues in which the organization has taken a pro-active position that have benefited citizens both within the City and in West Boynton include: legislation to better regulate insurance rates; realistic Homeowner and Condominium Regulation legislation; equitable Medicare rates in South Florida; and support of the County School Concurrency legislation. In addition, COBWRA’s input into the land development process for the unincorporated area has helped to ensure the positive contribution of new projects to the entire area. As West Boynton becomes built out, the organization will turn its focus more on quality of life issues rather than on growth management, which will also benefit all citizens. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Tribute The Coalition of Boynton West Residential Associations on the occasion of 30 years of service to the residents of West Boynton and urge that all citizens continue in their partnership that has proven beneficial to both the City of Boynton Beach and to West Boynton. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 7th day of June, Two Thousand Eleven. 9 of 332 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 Public Communicators Week, July 25-29, 2011. EQUESTED CTION BY ITY OMMISSION Wayne Segal, FGCA Vice President & Treasurer and City of Boynton Beach Public Affairs Director, will accept the Proclamation on behalf of FGCA ER: The Florida Government Communicators Association has XPLANATION OF EQUEST requested this Proclamation to coincide with its annual statewide conference, which will be held July 28-29, 2011. This will mark the first time anywhere in the country that a week has been set aside to honor Public Communicators, and that tradition will have been established in Boynton Beach. FGCA is Florida's leading provider of networking and professional development opportunities for public sector/public service communicators. It became an official organization in 1989. Its mission is to promote and improve the public service/public sector communications profession through professional development and the exchange of ideas. H? Presentation of this Proclamation will help OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES raise public awareness of the role Public Communicators play in informing the public and in facilitating two-way communication. FI: None ISCAL MPACT A: Not proclaim Public Communicators Week, July 25-29, 2011. LTERNATIVES 10 of 332 Public Communicators Week Public Communicators are responsible for a community organization’s image. They work to effectively communicate an agency’s programs, projects and services and to build and maintain mutually beneficial relationships and partnerships with all stakeholders. They help to ensure that their organization is seen in a positive light. To facilitate and maintain vital two-way communications between elected and appointed officials, staff and customers, Public Communicators take an active approach and use a variety of specialized skills and communication tools. Information that Public Communicators distribute may educate and inform; change human behavior or attitudes; or call people to act. In a disaster or emergency, Public Communicators deliver information that saves lives, protects property and minimizes negative impact on the environment. They help to improve the quality of life in their communities by fostering a more educated customer base and cultivating a higher level of civic pride. The Florida Government Communicators Association strives to be the premier leadership organization for public communicators statewide and works to stress the importance that public communicators play in their role within their agencies. This year, the Florida Government Communicators Association will host its annual statewide conference in Sarasota County on July 28-29. The organization has assembled an impressive list of experts in their field to acquaint Public Communicators with new, cutting-edge communication tools and techniques to deliver information in a timely and effective manner. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim July 25-29, 2011, as Florida Public Communicators Week and urge all citizens to recognize the part played by Public Communicators in delivering important and vital information that impacts the quality of life of all citizens. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 7th day of June Two Thousand and eleven. 11 of 332 5. A ADMINISTRATIVE June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 12 of 332 13 of 332 14 of 332 15 of 332 16 of 332 17 of 332 18 of 332 19 of 332 20 of 332 21 of 332 22 of 332 23 of 332 24 of 332 25 of 332 26 of 332 27 of 332 28 of 332 29 of 332 30 of 332 31 of 332 32 of 332 33 of 332 34 of 332 35 of 332 36 of 332 37 of 332 38 of 332 39 of 332 40 of 332 41 of 332 42 of 332 43 of 332 44 of 332 45 of 332 46 of 332 47 of 332 48 of 332 49 of 332 50 of 332 51 of 332 52 of 332 53 of 332 6. A CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the City Commission meetings EQUESTED CTION BY ITY OMMISSION held on May 3 and May 12 and May 17, 2011 The City Commission met on May 3, May 12 and May 17, 2011 and minutes were prepared from the notes taken at the meetings. 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 54 of 332 55 of 332 56 of 332 57 of 332 58 of 332 59 of 332 60 of 332 61 of 332 62 of 332 63 of 332 64 of 332 65 of 332 66 of 332 67 of 332 68 of 332 69 of 332 70 of 332 71 of 332 72 of 332 73 of 332 74 of 332 75 of 332 76 of 332 77 of 332 78 of 332 79 of 332 80 of 332 81 of 332 82 of 332 83 of 332 84 of 332 85 of 332 86 of 332 87 of 332 88 of 332 89 of 332 90 of 332 91 of 332 92 of 332 93 of 332 94 of 332 95 of 332 96 of 332 97 of 332 98 of 332 99 of 332 100 of 332 101 of 332 102 of 332 103 of 332 104 of 332 105 of 332 106 of 332 107 of 332 108 of 332 109 of 332 110 of 332 111 of 332 112 of 332 113 of 332 114 of 332 115 of 332 116 of 332 117 of 332 118 of 332 119 of 332 120 of 332 6. B CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2010 -11 Budget Status Report of General EQUESTED CTION BY ITY OMMISSION Fund & Utility Fund Revenues & Expenditures for the seven (7) month period ended April 30, 2011. ER: This report analyzes actual revenues and expenditures of the City’s XPLANATION OF EQUEST General Fund and Utility Fund for the seven (7) month period ended April 30, 2011 (58% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management, FI: The actual budgetary results to date for the General Fund and the Utility Fund ISCAL MPACT follow. GENERAL FUND 121 of 332 The FY 2011 annual budget of $68.5 million represents a 3% decrease from the FY 2010 budget of $70.5 million. However, in order to balance the budget in FY 2011, it required the following two non-revenue funding sources.  A fund balance appropriation of $59 thousand and  Transfers from other funds of $27.0 million representing 40% of all fund sources. (note: a number of these transfers will not be available for FY 12). For the seven months in FY 2011,  Revenues and transfers realized are $ 48.7 million (71%) of the budget estimate, but slightly behind the dollar amount and percent of revenue realized to date compared to FY 2010.  Expenditures incurred are $ 40.8 million (59%) of the annual appropriated budget, but ahead of FY 2010 with $37.4 million (53%). FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 48,69371%$ 70,517$ 50,836 72%-3%-4% Expenditures$ (68,551)$ (40,776)59%$ (70,517)$ (37,452)53%-3%9% Excess (Deficit)$ -$ 7,917$ -$ 13,384 The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $48.7 million received to date, the funding sources are behind by $2.1 million; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 32% - $ 22.1 M – Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus proportionally over the year) and the CRA is sent 100% of their taxes in December. To date net property taxes actually received is $20.3 million for FY 2011, the City actually levied a $4.5 million tax reduction in FY 2011 reducing property taxes from $30.0 million in FY 2010 to $25.5 million in FY 2011. For FY 12, the projected taxable value will be down 4.3% based on May 26, 2011 data from the Palm Beach County Property Appraiser’s Office. 2. 40% - $ 27.0 M – Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. 3. 28% - $ 19.4 M – We monitor all other revenues closely comparing to last year. Franchise fees are down from 56% collected at this point last year to 51% in FY 2011 100% - $ 68.5 M – Total funding sources 122 of 332 Expenditures (Exhibit B) – General Fund expenditures for the seven month period ended April 30 (58% of the fiscal year) are $ 40.8 million (59%) of the $68.5 million expenditure appropriation for FY 2011. The current appropriation represents a 3% decrease of $2 million compared to FY 2010. The table at the top of Exhibit B displays actual expenditures of $ 40.8 million. We are moderately ahead in spending compared to the $ 37.4 million actual spending levels in FY 2010 for this same period. Police and Fire spending levels impacts the overall total FY 2011 higher spending levels. At the 58% part of the fiscal year behind us, their spending levels in FY 2011 compared to FY 2010 are:  Police FY 2011 = 62% expended compared to 53% at this same point in FY 2010  Fire FY 2011 = 61% expended compared to 52% at this same point in FY 2010 . Paying the Annual Required Contribution (ARC) for the City’s share of pension costs on a monthly basis this year (FY 2011) in order to save interest versus paying the ARC at year end in FY 2010 is the major reason for the increase. This change in practice impacts Police and Fire to a greater extent. Subject to available cash flow, we are considering paying the ARC at the beginning of the year in FY 2012 in order to completely eliminate the interest charge from all three pension plans. UTILITY FUND The FY 2011 annual expenditure budget of $31.9 million represents a 2% decrease from the FY 2010 budget of $32.4 million. The operational forecast may yield an estimated $4.3 million fund balance increase for the year based on the budget. For the seven months in FY 2011,  Revenues realized are $ 20 million (63%) of the annual budget estimate.  Expenditures incurred are $18.6 million (58%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $ 1.4 million. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967 $ 20,009 63%$ 32,465 $ 19,66161%-2%2% Expenditures$ (31,967)$ (18,614)58%$ (32,465)$ (17,788)55%-2%5% Excess (Deficit)$ -$ 1,395 $ -$ 1,873 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $ 20 million in FY 2011 revenues and fund balance increase are slightly ahead of the $ 19.6 million to date in FY 2010, because of two factors:  Water Sales - $ 10.5 million equivalent to 62% of the annual estimate, compared to $ 9.8 million (63%) at this point in FY2010.  In FY2011, $ 4.3 million is being recognized as added revenues to fund balance, 123 of 332 compared to added revenues of $ 2.4 million in FY2010. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $ 18.6 million or 58% of the annual appropriation compared to expenditures of $ 17.8 million or 55% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 124 of 332 125 of 332 126 of 332 127 of 332 128 of 332 6. C CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 membership in the Gold Coast Clean Cities EQUESTED CTION BY ITY OMMISSION Coalition and authorize the Mayor to sign a letter of commitment to be included in the Florida Gold Coast Sustainable Community Planning for Electrical Vehicle Charging Infrastructure grant application. ER: The President has a goal of putting 1 million advanced technology XPLANATION OF EQUEST vehicles on the road in the United States by 2015. In support of this goal and emphasizing electricity as a transportation fuel, National Energy Technology Laboratory (NETL) has released a Funding Opportunity Announcement that seeks projects to plan and implement policies, procedures, and incentives that facilitate that development. The planning and policy activities will prepare communities for successful deployment and implementation of plug-in electric drive vehicles. Overall, this effort will help to decrease the nation's dependence on petroleum and reduce greenhouse gas emissions (GHGE) by accelerating the deployment of plug-in electric drive vehicles and electric vehicle supply equipment (EVSE). This initial opportunity will serve as a pilot program to stimulate community based electric vehicle infrastructure readiness planning and implementation activities in anticipation of larger electric vehicle deployment efforts in the future. The Florida Legislature designated the regional planning councils across the state as the primary organizations to address problems and plan solutions that are of greater-than-local concern or scope. The South Florida Regional Planning Council will be the lead applicant for this planning grant on behalf of the Florida Gold Coast Clean Cities Coalition; which includes, St. Lucie, Martin, Indian River, Palm Beach, Broward, Miami–Dade and Monroe County as well as an array of ground-breaking electric vehicle charging infrastructure companies. As the 129 of 332 “lead applicant,” SFRPC will receive and manage all of the funding and be responsible to coordinate planning activities with the partnering cities and counties. H? To participate in the planning process, two OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES steps must be taken by the City. First, become a Clean Cities Coalition member; by participating in this initial regional planning process and becoming an active member in the Coalition, the City will be engaged and better prepared when future funding becomes available for the regional plan implementation. In addition, Clean Cities Coalition provides a large collection of technical data and information, including current data on fuels, vehicles, fueling station locations, infrastructure development, state and federal incentives and laws, technical outreach publications and industry resources. Second, provide a letter of commitment to be included in the Coalition’s planning grant application. The letter commits the City to providing in-kind staff support, as available, regarding data pertinent to our City and any insights on unique characteristics or needs in Boynton Beach. Participating in this regional planning opportunity is an initial step towards the implementation of the City’s Climate Action Plan approved by Commission in 2010. Our overall goal is to reduce GHGE 18% by 2035. This plan, in the long run, should help us reach our goal to reduce fleet GHGE by 10% by 2035 as well as to provide the data needed to create a GIS map of locations for electric vehicle charging stations. FI: Florida Gold Coast Clean Cities Coalition annual membership is $500.00 for ISCAL MPACT municipal governments. This expense will be taken from #001-2731-572-34-34 Grants Team. If awarded, the grant dollars will be awarded to and managed by the lead applicant, South Florida Regional Planning Council; this grant will not provide funding directly to the City of Boynton Beach. The City would simply be a planning partner. A: LTERNATIVES Do not become a member of Clean Cities Coalition and participate in the regional  planning process. Apply for funding independently; although this is not recommended as the City would be  competing against much larger, stronger regional applicants. 130 of 332 131 of 332 132 of 332 133 of 332 134 of 332 135 of 332 136 of 332 137 of 332 138 of 332 139 of 332 140 of 332 141 of 332 une 7, 2011 J Ms. Sue Miltenberger Contract Specialist U.S. DOE/NTEL P.O. Box 880 Morgantown, WV 26507-0880 RE: U.S. Department of Energy National Energy Technology Laboratory Clean cities Community Readiness and Planning for Plug-in Electric Vehicles and Charging Infrastructure Funding Opportunity Number: DE-FOA-0000451 Dear Ms. Miltenberger: The City of Boynton Beach is committed to partnering with the South Florida Regional Planning Council and members of the Florida Gold Coast Clean Cities Coalition to develop a plan that will promote the region’s readiness for deployment of the infrastructure to meet the needs of light, medium, and heavy-duty plug-in electric vehicles. The City’s Planner, Fleet Administrator and Sustainability Team are available to support this effort. The estimated value of this in-kind support is $7,000.00, for the 12-month project. In 2010, the City of Boynton Beach completed our Green House Gas Emissions Inventory and subsequently adopted a Climate Action Plan. The City desires to reduce its GHG emissions by 18 percent by the year 2035 and is committed to lead by example. America’s love of automobiles makes GHG reductions for community-wide transportation challenging, and planning infrastructure that will accommodate alternative fuel vehicles like electric-powered cars and trucks is a critical need in this region. Proper regional planning is essential in creating and implementing a regional vision and blueprint for a vibrant and resilient economy and a sustainable future for South Florida. Sincerely, Jose Rodriguez Mayor 142 of 332 6. D CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 cancellation of the current custodial contract with EQUESTED CTION BY ITY OMMISSION Performance Cleaning Group for non-submittal of performance/payment bond. ER: XPLANATION OF EQUEST On September 21, 2010 the City Commission approved a two year contract for custodial services for City Facilities (Bid#063-2511-10/jma) with Performance Cleaning Group. The bid required a performance/payment bond in the amount of $223,533.84, as indicated in the bid specifications under 20. BONDING, paragraph two; The successful bidder’s Bid Bond will be returned upon acceptance and receipt of a Performance Bond by the City (if required) or upon completion of delivery if a specifications or fails to perform as agreed upon in the Invitation to Bid, the City shall be entitled to collect or retain part of all the deposit; whichever is necessary to rectify the bidder’s unacceptable performance. Despite repeated correspondence and communications from the City’s Purchasing Agent and the City Attorney (Exhibit A), Performance Cleaning Group has failed to provide the required Performance/Payment bond. Therefore, as indicated in the bid specifications, Section 23. Right to Terminate, paragraph 2; In the event that any of the provisions of the contract are violated by the successful bidder, the City of Boynton Beach may serve written notice upon such bidder of its intention to terminate the contract. Attached (Exhibit B) is a letter that was sent to Performance Cleaning Group from Kurt Bressner, City Manager, formally notifying them of the intent to immediately cancel the contract effective on June 7, 2010 pending Commission approval. It should also be noted that over the past three months, Performance Cleaning Group has not met the quality and workmanship standards as required in the bid specifications. Staff has 143 of 332 implemented penalties per the Contract for non-performance of services, such as failure to provide paper/soap products in City facilities, incompletion of semi-annual cleaning, and failure to complete daily tasks. H? Cancellation of this contract with OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Performance Cleaning Group will allow staff to proceed with the next lowest bidder in anticipation of improved services. FI: Funding is available in the FY10/11 budget, Facilities Management Division, ISCAL MPACT account #001-2511-519-34-10 - Janitorial Services. The monthly dollar amount of the current contract is $18,625 for a total annual expenditure of $223,500. The monthly amount for the second lowest bidder is $22,916 for a total annual expenditure of $275,000.00. The total dollar amount budgeted for FY 10/11 is $312,045.00 The total FY11/12 proposed budget amount for janitorial services is $275,000.00. A: None, contractor did not provide performance/payment bond, and services LTERNATIVES provided are not meeting the bid requirements. 144 of 332 145 of 332 146 of 332 147 of 332 6. E CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 Assistant City Manager Lori LaVerriere as one of EQUESTED CTION BY ITY OMMISSION two City representatives to the Boynton Cultural Centre. ER: With the resignation of the City Manager, there is one seat open on XPLANATION OF EQUEST the Board of Directors of the Boynton Cultural Centre. In accordance with Section 1.2 of the agreement with the City (attached), the representation is to be the City Manager or designee and the Library Director. The agreement was approved by the City Commission in February 2010. The reason the board representation from the City is from staff instead of the City Commission is because the City Commission is responsible for approving funding of a portion of the Centre’s operations via the City Budget. This would be a conflict. Having a representative of the City Manager on the Board has been helpful in facilitating coordination of services between the City and the Centre to share resources. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: This provision is contained in the agreement with the City and the Centre. LTERNATIVES Changes to the agreement are necessary to change the representation formula on the Cultural Centre Board. 148 of 332 149 of 332 150 of 332 151 of 332 152 of 332 153 of 332 154 of 332 155 of 332 156 of 332 157 of 332 158 of 332 159 of 332 160 of 332 161 of 332 162 of 332 163 of 332 6. F CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 the recommendations from the "review EQUESTED CTION BY ITY OMMISSION committee" to rename Veterans Park in honor of Harvey Oyer, Jr., rename Veterans Bicentennial Park to Veterans Park, and to rename the Boynton Beach Child Care Center building in honor of Lena Rahming. Additionally, to receive an update regarding the Boynton Beach/Lantana Rotary Club's request to have Jaycee Park renamed Boynton Beach Rotary Park. ER: At the March 1, 2011 meeting, the City Commission requested that XPLANATION OF EQUEST the process to consider renaming various facilities be initiated. Being considered were recommendations to name the Boynton Beach Child Care Center building in honor of Lena Rahming, and renaming either Veterans Park or Boat Club Park in honor of Harvey Oyer, Jr. As per the established process, after staff determined that the proposals to rename these facilities adhered to the stated criteria, the naming and renaming proposals were forwarded to a review committee composed of the following individuals: Steve Waldman Education & Youth Advisory Board Corey Cook Recreation & Parks Advisory Board Betty Pierce-Roe Recreation & Parks Advisory Board Victor Norfus Community Relations Board Jean Young Senior Advisory Board Kay Cregan Senior Advisory Board The review committee unanimously approved renaming the Child Care Center building in honor of Lena Rahming. There was much discussion regarding the request to rename the other facilites. The review committee considered the Oyer family’s preference to have Boat Club Park renamed in honor of their father, but the 164 of 332 majority voted to recommend renaming Veterans Park in honor of Mr. Oyer, and renaming Veterans Bicentennial Park to Veterans Park. On a related topic, at the February 1, 2001 meeting, the City Commissin requested that staff contact the Boynton Beach/Lantana Rotary Club regarding their interest in having Jaycee Park renamed Boynton Beach Rotary Park. In summary, the Rotary Club is willing to help maintain the park (details on the attached letter) and make an annual donation of $250. H? If the Rotary Club’s proposal is accepted, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES we anticipate some degree of aesthetic improvement the park, which would make it an even more attractive destination point. However, this is difficult to quantify unless it can be visually evaluated. The other recommendations/options would have no affect on program or services. FI: Depending on which recommendation is accepted, a new sign park/building ISCAL MPACT sign will cost approximately $4,000 - $6,000. If an existing sign can be modified, the cost would be significantly less. A: Do not accept the recommendation(s) from the review committee. LTERNATIVES 165 of 332 166 of 332 6. G CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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. R11-061 - Approve an EQUESTED CTION BY ITY OMMISSION Agreement for Professional Services between the Cities of Boynton Beach, Delray Beach and Boca Raton and RCC Consultants, Inc., for engineering and consulting services associated with the consolidation of the three cities' radio/dispatch/911 functions for a firm fixed price of $54,000 or $18,000 for each City ER: Boynton Beach, Delray Beach and Boca Raton are members of the XPLANATION OF EQUEST South Palm Beach County Public Safety Communication Cooperative pursuant to an interlocal agreement originally signed in 1999 when the interoperable radio system was installed. The system provides radio communications for each city and the county through the use of shared components such as cables, radio towers and microwave installations. This arrangement facilitates county wide (and beyond) coverage for our radio equipment and the ability to talk with the other public safety agencies in times of disaster and joint operations. Currently, our 911/communications function (dispatch center) costs the City $2,092,949 per budget year 2010-2011 with these costs increasing year to year due to equipment maintenance agreements and mandatory upgrades as a result of county NG 911 enhancements and computer aided dispatch (CAD) and records management system (RMS) upgrades and repair. The several cities each operates their own dispatch/communication center which may be an unnecessary expenditure since the entire radio system (all three cities) can be operated from a single location utilizing a single entity such as a joint dispatch/communications center. Four northern county cities have already successfully converted to a joint dispatch center and are now experiencing costs savings as a result. The police chiefs and city managers of the several cities have met and conducted preliminary talks regarding a south county combined dispatch center. As a result of these meetings it has been determined that a consultant is 167 of 332 necessary in order to provide engineering, cost determination and planning services in order to facilitate the establishment and implementation of a combined dispatch center. The City of Boca Raton selected RCC based on an award made by the Houston-Galveston Area Council to perform the necessary services as it is anticipated that if approved, the dispatch center will be located in Boca Raton which has already approved the construction of a hardened building of sufficient capacity that will accommodate a combined center. They are currently moving forward with that project. H? Consolidation of the communications OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES functions should result in a savings for all three cities and facilitate further consolidation of police support functions such as evidence/property and crime scene services. FI: The total cost of the work set forth in the Consultants proposal is $54,000. This ISCAL MPACT Agreement apportions the costs of consolidation planning and engineering at $18,000 per city payable in installments of $1,800, $7,200 and $9,000. The funds for this Agreement will come from the 12.50 monies collected as a result of traffic ticket fines. The current balance of our 12.50 funds is $265,402. These are non-budgetary funds that can only be utilized for police computer and communications purposes. A: Not to enter into the Agreement and continue to maintain our own LTERNATIVES communications section. 168 of 332 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH, CITY OF DELRAY BEACH, CITY OF BOCA RATON AND RCC CONSULTANTS, INC., FOR ENGINEERING AND CONSULTING SERVICES ASSOCIATED WITH THE CONSOLIDATION OF THE THREE CITIES’ RADIO, DISPATCH AND 911 FUNCTIONS IN THE AMOUNT OF $18,000 PER CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Chiefs and City Managers of the three cities have met and conducted preliminary discussions regarding a south county combined dispatch center; and WHEREAS, as a result of these meetings it has been determined that a consultant is necessary in order to provide engineering, cost determination and planning services in order to facilitate the establishment and implementation of a combined dispatch center; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into the Agreement for Professional Services between the City of Boynton Beach, City of Delray Beach, City of Boca Raton and RCC Consultants, Inc., for engineering and consulting services associated with the consolidation of the three cities’ radio, dispatch and 911 functions in the amount of $18,000 per City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the Mayor to execute an Agreement for Professional Services between the City of Boynton Beach, City of Delray Beach, City of Boca Raton and RCC Consultants, Inc., for engineering and consulting services associated with the consolidation of the three cities’ radio, dispatch and 911 functions in the amount of $18,000 per City, a copy of the Agreement is attached hereto as “Exhibit A.” 169 of 332 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 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) 170 of 332 171 of 332 172 of 332 173 of 332 174 of 332 175 of 332 176 of 332 177 of 332 178 of 332 179 of 332 180 of 332 181 of 332 182 of 332 183 of 332 184 of 332 185 of 332 186 of 332 187 of 332 188 of 332 189 of 332 190 of 332 191 of 332 192 of 332 193 of 332 194 of 332 6. H CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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. R11-062 - Rescind EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between City of Boynton Beach and Town of Gulfstream dated September 7, 2004 ER: The Town of Gulfstream has requested that the City of Boynton XPLANATION OF EQUEST Beach rescind by resolution an Interlocal Agreement dated September 7, 2004. The agreement dealt with zoning and land use of unincorporated property between Boynton Beach and Gulfstream should the property be annexed by the City of Boynton Beach. In March 2011, voters in Gulfstream and the subject unincorporated area voted to annex the property into the Town of Gulfstream, thereby making the 2004 agreement moot. H? No affect. Portions of the property are in OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City of Boynton Beach Utility Service area. Those customers will continue to receive City of Boynton Beach Utilities, paying the out of city 25% surcharge. Annexation of the property into the Town of Gulfstream does not negate the surcharge. Any subsequent customers connecting to City of Boynton Beach Utilities from this area would also pay the 25% surcharge. Fire service to the area is now covered by the City of Delray Beach via an Interlocal agreement the Town of Gulfstream has with the City of Delray Beach. Previously, Palm Beach County Fire Rescue provided fire service to this area. Boynton Beach never provided fire rescue service except on an emergency mutual aid basis. Police service transferred from Palm Beach County Sheriff to the Town of Gulfstream. Boynton Beach never provided police service to this area. FI: None ISCAL MPACT A: The annexation of the property makes the 2004 agreement moot. LTERNATIVES 195 of 332 RESOLUTION NO. R11-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AGREEMENT TO RESCIND INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULFSTREAM REGARDING ANNEXATION OF UNINCORPORATED PROPERTY ON THE BARRIER ISLAND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO RESCIND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 7, 2004, the City Commission of the City of Boynton Beach, via Resolution 04-154, approved and authorized an Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding the annexation of unincorporated property on the barrier island; and WHEREAS , the Town of Gulfstream has requested Resolution 04-154 and the corresponding Interlocal Agreement be rescinded via an Agreement to Rescind Interlocal Agreement; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Agreement to Rescind Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding annexation of unincorporated property on the barrier island. 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 does hereby approve the Agreement to Rescind Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding annexation of unincorporated property on the barrier island. Section 3. The City Manager is hereby authorized to execute the Agreement to Rescind Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream regarding 196 of 332 annexation of unincorporated property on the barrier island. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of ______________, 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) 197 of 332 198 of 332 199 of 332 200 of 332 201 of 332 202 of 332 203 of 332 204 of 332 205 of 332 206 of 332 6. I CONSENT AGENDA June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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. R11-063 - Approve and EQUESTED CTION BY ITY OMMISSION ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on May 5, 2011 1, Authorization to decrease our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2010/2011 to .2000/1,000 gallons ER: On May 5, 2011, the South Central Regional Wastewater XPLANATION OF EQUEST Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Indirect City Manager Comment: These are the bilateral agreements ISCAL MPACT between South Central and the individual golf courses. In 2006, South Central proposed that the City take over these agreements. The business terms of the agreements were not beneficial to the City so the agreements were not transferred. The fiscal impact of these agreements directly impacts South Central Regional Wastewater Treatment and Disposal Board. In turn, revenues and expenses of South Central are apportioned between Delray Beach and Boynton Beach per the Interlocal agreement. In the past, the revenue stream from th these agreements has been positive to South Central. At the May 5 meeting, the Executive Director of South Central reported the revenue stream with the rate modifications would remain positive. The Board approved the Executive Director’s recommendation at the meeting. 207 of 332 A: Do not ratify the actions of South Central Regional Wastewater Treatment and LTERNATIVES Disposal Board. 208 of 332 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ON MAY 5, 2011, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of May 5, 2011, as set forth in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on May 5, 2011, as set forth on the attached Exhibit “A” and authorizes the City Manager and City Clerk to execute said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of June, 2011. CITY OF BOYNTON BEACH, FLORIDA ___________________________ Mayor – Jose Rodriguez ____________________________ Vice Mayor – William Orlove ____________________________ Commissioner – Woodrow L. Hay ATTEST: ____________________________ Commissioner – Steven Holzman _________________________ ____________________________ Janet M. Prainito, MMC Commissioner- Marlene Ross City Clerk (Corporate Seal) 209 of 332 210 of 332 211 of 332 212 of 332 7. A BIDS AND PURCHASES OVER $100,000 June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R11-064 - Award the EQUESTED CTION BY ITY OMMISSION remaining period (June 8, 2011 - September 30, 2012) of a "Two-Year Contract For Custodial Cleaning Services For Facilities", Bid #063-2511-10/JMA to the second lowest bidder, First Genesis Lawn Service, Inc., of Boynton Beach, Florida, in the amount of $366,656 th CP: June 8, 2011 to September 30th, 2012, with a provision for two (2) ONTRACT ERIOD additional one (1) year renewals. ER: Due to the cancellation of the current custodial contract with XPLANATION OF EQUEST Performance Cleaning Group, it is necessary to award the contract for custodial cleaning services for facilities to the next lowest bidder, First Genesis Lawn Service, Inc., of Boynton Beach, FL. On August 17, 2010, Procurement Services opened and tabulated thirteen (13) proposals. As a result, a contract was awarded to Performance Cleaning Group on September 21, 2010. Presently, the City is proposing the cancellation of the current custodial contract (Performance Cleaning Group) due to failure to provide a performance/payment bond and for unsatisfactory service. Staff is proposing to contract with the next lowest, most responsive, bidder (First Genesis) who met all specifications. In addition to First Genesis being the second lowest bidder, it is advantageous for the City to enter into a contract for cleaning services with First Genesis as they held the previous contract for four years. Their staff is familiar with our buildings and cleaning standards and this should ease the transition period of switching contractors. Staff had a good working relationship with First Genesis and they are a local contractor from Boynton Beach. 213 of 332 H? There will be a transition period in working OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with the second lowest bidder (First Genesis), However, this transition will be minimal due to the prior experience as the custodial contractor during the previous four years. FI: Funding is available in the FY10/11 budget, Facilities Management Division, ISCAL MPACT account #001-2511-519-34-10 – Janitorial Services for the remainder of this budget year. The monthly amount for the second lowest bidder is $22,916. The cost for June thru September, 2011 would be $91,664 and the annual expenditure for FY11/12 would be $274,992 for a total contract cost of $366,656. A: If not approved, no custodial services will be provided for City facilities/parks. LTERNATIVES 214 of 332 RESOLUTION NO. R 11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF THE REMAINING PERIOD OF THE “TWO YEAR CONTRACT FOR CUSTODIAL CLEANING SERVICES FOR FACILITIES” BID NO. 063-2511-10/JMA), TO FIRST GENESIS LAWN SERVICE, INC., OF BOYNTON BEACH, FLORIDA, FOR A TOTAL CONTRACT COST IN THE AMOUNT OF $366,656; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on August 17, 2010, Procurement Services received, opened and tabulated thirteen (13) proposals; and WHEREAS, all proposals were reviewed by Procurement, Public Works Department, Facilities Division and references were checked and it was determined that JT Bay, LLC., d/b/a Performance Cleaning Group was the lowest, most responsive responsible bidder who met all specifications; and WHEREAS, due to the cancellation of the current custodial contract it is necessary to award the contract for custodial cleaning services for facilities to the second lowest bidder; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the award of the remaining of the Two-year Contract for Custodial Cleaning Services for Facilities” Bid #063-2511-10/JMA to First Genesis Lawn Service, Inc., of Boynton Beach, Florida in the total contract amount of $366,656. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of the remaining period June 8, 2011 to September 30, 2012) for the Two-year Contract for Custodial Cleaning Services for Facilities” Bid #063-2511-10/JMA to First Genesis Lawn Service, Inc., 215 of 332 of Boynton Beach, Florida in the total contract amount of $366,656, and authorizes the Mayor to execute the Agreement between the parties, a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of June, 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) 216 of 332 AGREEMENT THROUGH SEPTEMBER 30, 2012 FORCUSTODIAL SERVICES OF CITY FACILITIES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the . City”, and First Genesis Lawn Service, Inc., of Boynton Beach, Florida hereinafter referred to as “the Contractor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform custodial services TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES in connection with the bid designated. FOR CITY FACILITIES,Bid #063-2511-10/JMA. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit “A” attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and SEPTEMBER 30, 2012 provide all work required pursuant to this agreement until , unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a.Payment for the work provided by contactor shall be made as provided on exhibit “A” attached hereto, provided that the total amount of payment to Contractor shall not exceed $22,902.00 per month, without express written modification of the agreement signed by the City. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work as provided on Exhibit “A”. The Contractor’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made upon request. 5. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 6. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 7. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per 217 of 332 occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 (see Attachment ‘A”). 8. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERMINATION. The City reserves the right to terminate this contract without cause effective thirty days from the date of the written notice. Liability of the bidder for any and all such violation(s) shall not be affected by any such termination and his surety as required by the bidding documents, shall be enforced for any additional cost incurred to complete the annual contract. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to this agreement, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the City, if the city so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: 218 of 332 City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attention: Paula Leblanc, Facilities Management Supervisor Notices to Contractor shall be sent to the following address: First Genesis Lawn Service, Inc. P.O. Box 244061 Boynton Beach, FL 33424-4061 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both city and Contractor. DATED this _____ day of _______________________ 2011. CITY OF BOYNTON BEACH FIRST GENESIS LAWN SERVICE, INC. ___________________________ __________________________ Mayor Contractor __________________________ Title Attest/Authenticated: (Corporate Seal) ___________________________ City Clerk Approved as to Form: Attest/Authenticated: ___________________________ __________________________ Office of the City Attorney Secretary 219 of 332 220 of 332 221 of 332 222 of 332 223 of 332 224 of 332 225 of 332 226 of 332 227 of 332 228 of 332 229 of 332 230 of 332 231 of 332 232 of 332 10. A CITY MANAGER’S REPORT June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 schedule/route change from 6-day per week EQUESTED CTION BY ITY OMMISSION refuse collection to 4-day per week refuse collection. ER:(SB) XPLANATION OF EQUEST EE ELOW HISTORY: In preparation for budget year 09/10 the Solid Waste Division was directed to reduce expenses, but not lay off any employees (this was an overall City Commission directive). In order to accomplish this goal the Solid Waste Division instituted a six (6) day refuse collection schedule changing from Monday, Tuesday, Thursday, Friday refuse collection to Monday thru Saturday refuse collection. The Solid Waste employees’ work week was maintained on a ten (10) hour task basis, however the work was spread out to cover six days. This gave the ability to reduce our fleet size which provided the desired budget reduction.. The six (6) day schedule consisted of four (4) automated routes per day which gave us twenty-four (24) route days per week. This schedule, although effective, did not fully utilize our task hours. In preparation for budget year 10/11 we were again asked to reduce our expenses. Although we continued refuse collection over a six day week we shifted our ten (10) hour four (4) day employees to eight (8) hour five (5) day schedules and were able to decrease our head count by nine (9) employees. We changed all employees, except commercial, to a five (5) day eight (8) hour task as a way to cover all routes and to further take advantage of excess hours within our task system. This schedule still operated with twenty-four (24) route days per week. 233 of 332 Both of these schedules have caused some hardships on our residents. By working a six (6) day schedule it has eliminated our opportunity for make up days that cause residents to miss recycle and trash pick up for one (1) week during Thanksgiving and two (2) weeks at Christmas and New Years Day. This six (6) day schedule, although effective, has never been popular with our residents. It has taken a long time for our residents to adjust to having a Saturday pick up for bulk trash and vegetation, many complaining because they work during the week and only have the weekends to trim and place debris for collection. RECOMMENDATION: For budget year 2011/12 the Solid Waste Division is proposing a cost saving change to our current six (6) day work schedule. Staff is proposing a return to a four (4) day refuse collection schedule (Monday, Tuesday, Thursday, Friday), as well as returning Solid Waste employees to a ten (10) hour work day. The proposed collection schedule will allow us to maximize our task work hours and will also save money and provide better customer service to our residents. This schedule will allow us to reduce staff by two (2) employees at a savings of $115,299 and reduce fleet size by five (5) vehicles at a savings of $81,237 for a total savings of $196,536.00. The proposed four (4) day collection schedule will not only allow us to reduce staff and fleet size, but will also allow the availability of make up days and have one (1) day per week when all equipment is available to fleet maintenance for scheduled service. It will also reduce our current twenty-four (24) route days per week to sixteen (16) route days per week. This will give us maximum utilization of our task hours. Pick ups for some residents may be later in the day (as more task hours become productive) than they are accustomed to, but this is a minimal problem to overcome. This new schedule will take approximately 12 weeks to implement. Revised collection routes will be established, notices will be sent to those residents that will have their collection days changed thereby giving the resident time to adjust to the new schedule. Notices for shift changes will be sent to the affected Union employees and the Union in accordance with the terms of the Blue Collar Collective Bargaining Agreement. With Commission approval, staff will begin implementation of the proposed changes as outlined herein. H? Collection days for some residents will be revised OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES reverting back to collection occurring only on Monday, Tuesday, Thursday or Friday. Solid Waste employee schedule will change and employees will revert back to a 4-10 hour workday. FI: This schedule will allow us to reduce staff by two (2) employees at a savings of $115,299 and ISCAL MPACT reduce fleet size by five (5) vehicles at a savings of $81,237 for a total savings of $196,536.00 A: Continue with current refuse collection schedule. LTERNATIVES 234 of 332 10. B CITY MANAGER’S REPORT June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 (TABLED on 5-17-11) 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 235 of 332 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 2 236 of 332 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. 237 of 332 238 of 332 239 of 332 240 of 332 241 of 332 242 of 332 243 of 332 244 of 332 245 of 332 246 of 332 247 of 332 248 of 332 249 of 332 250 of 332 11. A UNFINISHED BUSINESS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 (TABLED on 5/17/11) 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. 251 of 332 Attachments:  Draft Special Events Ad Hoc Advisory Committee Structure  Draft Special Events Ad Hoc Advisory Committee Application  Sample Special Events Evaluation Form 252 of 332 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 253 of 332  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. 254 of 332 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. 255 of 332 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) 256 of 332 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. 257 of 332 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. 258 of 332 259 of 332 260 of 332 11. B UNFINISHED BUSINESS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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: Continue discussion of City Manager resignation - EQUESTED CTION BY ITY OMMISSION TABLED from May 17, 2011 City Commission Meeting. ER: XPLANATION OF EQUEST On May 17, 2011 City Manager Kurt Bressner submitted his notice of resignation. After a brief discussion at the May 17, 2011 Commission meeting Commissioner Orlove requested the matter be tabled until the June 7, 2011 Commission meeting. The following items require further discussion and direction by the City Commission: 1) Effective resignation date. The City Manager provided 30 days notice to the City Commission on May 17, 2011. That date would be June 15, 2011. City Manager Bressner offered to stay until June 30, 2011 to assist with transition. 2) Discuss hiring a consultant for a transition period – at request of Commissioner Holzman. 3) Appointment of Interim City Manager H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: TBD LTERNATIVES 261 of 332 12. A NEW BUSINESS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 to consider amendment to City Code on EQUESTED CTION BY ITY OMMISSION temporary banners.. ER: The staff received a request from Commissioner Hay to review the XPLANATION OF EQUEST provisions of the Land Development Regulations (LDR) approved in 2010 to allow new and existing businesses the opportunity to use the maximum of one banner, not to exceed 20 square feet. The current code reads as follows: 4. Banner. a. New Development. (1) A temporary banner, not to exceed 20 square feet, is allowed for a maximum of one (1) year for a new multi-family residential development or non-residential use. The permit to allow for such banner shall only be issued once a certificate of occupancy has been approved for the project. (2) For multi-family residential developments and projects located in mixed-use zoning districts, an additional banner of equal size and shape may be allowed, provided that both are placed at the main point of vehicular ingress / egress. This placement and symmetry may be repeated at one (1) project entrance per frontage with a maximum number of two banners per entrance and maximum height of 15 feet. b. Existing Development. A temporary banner, not to exceed 20 square feet, is allowed for existing multi-family developments and non-residential uses. This banner is allowed for a maximum of 90 days within a one (1)-year period. 262 of 332 c. Landscaping. Banners, if placed within the landscape strips abutting rights of way or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances, banners shall be placed behind the shrub line and their location must comply with the cross visibility and safe sight standards of Section 4.A.3 above. d. Miscellaneous. All banners, regardless of location, shall be removed within 12 hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the following types of temporary signage; 1) project development signs; 2) construction sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Recreation and Parks Special Event Sign. The provisions of this subsection do not apply to the aforementioned type of temporary signs. See the appropriate subsections of code and their respective regulations for each type of aforementioned sign. Commissioner Hay has requested that the City Commission review the code further so as to not differentiate between new and existing properties for purpose of allowing the banners. This matter was brought to the attention of the City Commission in early 2009 from a business owner. Subsequently, as part of the LDR revisions, the current provisions were approved. Based on data provided by Development Department, three permits were issued for banners in 2011. By way of background, the original ordinance setting forth the 90 day rule was contained in Ordinance 09-013, which was subsequently amended by the LDR code change in 2010. The original ordinance had a sunset date of February 2010 to allow the permanent LDR regulations take place. A copy of Ordinance 09-013 is attached. It is also noteworthy that, prior to Ordinance 09-013, the longstanding banner standard restricted existing businesses to a maximum display period of two (2) weeks. Since 2009, Code Compliance has issued 65 notices to correct for banners without permits. H? Information and initial inquiry OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Information and initial inquiry ISCAL MPACT A: Information and initial inquiry LTERNATIVES 263 of 332 264 of 332 265 of 332 266 of 332 13. A LEGAL June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve an 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. 267 of 332 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 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 268 of 332 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 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 269 of 332 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 ______________________________ Commissioner – Woodrow L. Hay 270 of 332 ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 271 of 332 13. B LEGAL June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 (TABLED on 5-17-11) 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. 272 of 332 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. 273 of 332 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. CITY OF BOYNTON BEACH, FLORIDA 274 of 332 ______________________________ 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) 275 of 332 276 of 332 277 of 332 278 of 332 279 of 332 280 of 332 281 of 332 282 of 332 283 of 332 284 of 332 285 of 332 286 of 332 287 of 332 288 of 332 289 of 332 290 of 332 291 of 332 292 of 332 293 of 332 294 of 332 295 of 332 296 of 332 297 of 332 298 of 332 299 of 332 300 of 332 301 of 332 302 of 332 303 of 332 304 of 332 305 of 332 306 of 332 307 of 332 308 of 332 13. C LEGAL June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 for closed door session to be held at 6:00 p.m. on EQUESTED CTION BY ITY OMMISSION June 21, 2011 regarding WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, - Palm Beach County Circuit Court - CASE NO. 50 2010 CA 029319 XXXX MB ER: Pursuant to Florida Statutes 286.011(8), a request is being made XPLANATION OF EQUEST of the City Commission to meet in private at 6:00 p.m. on Tuesday, June 21, 2011 to discuss pending litigation as noted above. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The cost of a court reporter to transcribe the thirty minute session. ISCAL MPACT A: Decline the request to meet in a closed door session to discuss litigation. LTERNATIVES 309 of 332 CITY OF BOYNTON BEACH City Attorney’s Office MEMORANDUM TO: Honorable Mayor and City Commission Kurt Bressner City Manager FROM: James A. Cherof, City Attorney DATE: May 24, 2011 RE: Request for Private Attorney-Client Session ________________________________________________________________________ Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to be held prior to the Boynton Beach City Commission Meeting on Tuesday, June 21, 2011 at 6:00 p.m., to discuss pending litigation in the following case: WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, - Palm Beach County Circuit Court CASE NO. 50 2010 CA 029319 XXXX MB This request is precipitated by developments in the case on which we need additional direction and input from the Commission. I will be in attendance along with Assistant City Attorney Michael D. Cirullo, Jr., and the City Manager Kurt Bressner. We will need approximately thirty (30) minutes. JAC/lms 310 of 332 13. D LEGAL June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion regarding applicability and possible EQUESTED CTION BY ITY OMMISSION modification to the City’s lobbying registration ordinance. ER: On recent occasions questions have arisen regarding the scope, XPLANATION OF EQUEST implementation, and enforceability of the City’s Lobbyist Registration Ordinance. The applicable code section is attached in its entirety. Enactment of lobbyist registration and anti-lobbying regulations by the County warrant review of the extent to which state, county and municipal regulation of lobbying matters are beneficial or redundant. The City Attorney will review the Ordinance seeking Commission direction regarding modification or repeal in whole or in part. In addition, last month the Palm Beach County Board of Commissioners approved the new Code of Ethics regulations that are effective in all cities on June 1, 2011. Provisions of the new Code of Ethics include definitions of lobbying and lobbyist that differ from the City’s code. At a minimum, if the City Commission wishes to continue with the local code, the new definitions should be incorporated into the City Code to reduce possible conflicts. H? Public perception of the role of lobbyist and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the administrative and legislative decision making process is variable. FI: None ISCAL MPACT A: Take no action regarding the current Ordinance but direct more rigid enforcement and LTERNATIVES monitoring and enforcement. 311 of 332 312 of 332 313 of 332 314 of 332 315 of 332 316 of 332 Definitions from New Palm Beach County Code of Ethics, Approved May 17, 2011 Lobbying shall mean seeking to influence a decision through oral or written communication or an attempt to obtain the goodwill of any county commissioner, any member of a local municipal governing body, any mayor or chief executive officer that is not a member of a local municipal governing body, any advisory board member, or any employee with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to the advisory board, the board of county commissioners, or the local municipal governing body lobbied as applicable. Lobbyist shall mean any person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying on behalf of a principal, and shall include an employee whose principal responsibility to the employer is overseeing the employer's various relationships with government or representing the employer in its contacts with government. "Lobbyist" shall not include: (1)any employee, contract employee, or independent contractor of a governmental agency or entity lobbying on behalf of that agency or entity, any elected local official when the official is lobbying on behalf of the governmental agency or entity which the official serves, or any member of the official's staff when such staff member is lobbying on an occasional basis on behalf of the governmental agency or entity by which the staff member is employed. (2)any person who is retained or employed for the purpose of representing an employer, principal or client only during a publicly noticed quasi-judicial hearing or comprehensive plan hearing, provided the person identifies the employer, principal or client at the hearing. (3) any expert witness who is retained or employed by an employer, principal or client to provide only scientific, technical or other specialized information provided in agenda materials or testimony only in public hearings, so long as the expert identifies the employer, principal or client at the hearing. (4) any person who lobbies only in his or her individual capacity for the purpose of self- representation and without compensation. (5)any employee, contract employee, or independent contractor of the Palm Beach County League of Cities, Inc., lobbying on behalf of that entity. Official or employee means any official or employee of the county or the municipalities located within the county, whether paid or unpaid. The term “employee” includes but is not limited to all managers, department heads and personnel of the county or the municipalities located within the county. The term also includes contract personnel and contract administrators performing a government function, and chief executive officer who is not part of the local governing body. The term "official" shall mean members of the board of county commissioners, a mayor, members of local municipal governing bodies, and members appointed by the board of county commissioners, members of local municipal governing bodies or mayors or chief executive officers that are not members of local municipal governing body, as applicable, to serve on any advisory, quasi judicial, or any other board of the county, state, or any other regional, local, municipal, or corporate entity. 317 of 332 318 of 332 319 of 332 320 of 332 321 of 332 322 of 332 323 of 332 324 of 332 325 of 332 326 of 332 327 of 332 328 of 332 14. A FUTURE AGENDA ITEMS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 329 of 332 14. B FUTURE AGENDA ITEMS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 330 of 332 14. C FUTURE AGENDA ITEMS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 331 of 332 14. D FUTURE AGENDA ITEMS June 7, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 7, 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 by the 300 Property Owners Association to EQUESTED CTION BY ITY OMMISSION receive title to vacant open-space property from the City. - For agenda 06-21-11. ER: Follow-up staff report concerning request by Ms. Lonergan, XPLANATION OF EQUEST President of the 300 Property Owners Association to receive title to vacant property owned by the City located at the west terminus of Springfield Blvd. The parcels are known as Nautica Sound Park and Meadows 1 Park. City Commission directed staff to investigate and follow-up on the conveyance request. The matter is scheduled for the June 21, 2011 City Commission agenda. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 332 of 332