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Agenda 08-02-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, AUGUST 2, 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 Lori LaVerriere Interim 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 244 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation to Yuanyuan (Jenny) Jiang, Sister Cities Liaison from the City of Qufu, China. Presentation being made by Jeanne Havelin, Greater Boynton Beach Sister Cities Committee Representative. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Accept the resignation of Kirk LaRock, a regular member of the Code Compliance Board 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the minutes from the City Commission meeting held on July 19, 2011 B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the nine (9) month period ended June 30, 2011. 3 of 244 PROPOSED RESOLUTION NO. R11-080 C. - Approve the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for FY 2011/2012. PROPOSED RESOLUTION NO. R11-081 D. - Approve amendments to certain provisions of Resolution R10-161 relating to the issuance of conduit revenue bonds, Series 2011, for the benefit of Charter Schools of Boynton Beach. PROPOSED RESOLUTION NO. R11-082 E. - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on July 21, 2011 1. Accept the 22011/2012 Wastewater and Reclaim O&M Budgets and wastewater repair and replacement expenditures 2. Authorize the user rate to cities for fiscal year 2011/2012 for wastewater in the amount of $0.9871/1,000 gallons for operations and maintenance and $0.1940/1,000 gallons for reserves bringing the total to $1.1811/1,000 gallons 3. Authorize the establishment of the reclaim user rate to consumers (Delray Beach, Boynton Beach and South Central Plant) for fiscal year 2011/2012 at $0.18643/1,000 4. Accept the 2011/2012 organizational chart and salary ranges; including the reclassification of the Laboratory Coordinator position 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R11-083 A. - Approve and authorize the Interim City Manager to sign the Provider Agreement with Metropolitan Life Insurance Company of Plantation, FL (MetLife) for the City's "FULLY INSURED DENTAL PLAN", RFP #060-1610-11/JMA. The time period is from October 1, 2011 thru September 30, 2012, with the option to renew for two (2) additional one-year periods. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission . PROPOSED ORDINANCE NO. 11-019 - SECOND READING A. - Approve amendments to the Land Development Regulations to add Florida-Friendly Landscaping standards and provisions. Applicant: City-initiated. 10. CITY MANAGER’S REPORT A. Review transportation options and provide direction to staff regarding final transportation program elements to be included in the FY 2011/12 Budget. 4 of 244 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Authorization for Utilities Revenue Bonds - 8/16/11 B. Veteran's Park on Ocean Ave - 08/16/11 C. City Manager Search - 8/16/11 D. Climate Action Plan Implementation Status Report - 8/16/11 E. Discussion regarding a City Commission appointed Community Redevelopment Agency (CRA) Board - 8/16/11 F. Follow-up to City/CRA workshop - 9/06/11 G. Revisions to restrictions for vehicle size in residential districts - 09/06/11 H. Recommendation from the “review committee” to rename the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD I. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 5 of 244 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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 to Yuanyuan (Jenny) Jiang, Sister Cities EQUESTED CTION BY ITY OMMISSION Liaison from the City of Qufu, China. Presentation being made by Jeanne Havelin, Greater Boynton Beach Sister Cities Committee Representative. ER: Yuanyuan (Jenny) Jiang is a teacher in Qufu, China, adopted XPLANATION OF EQUEST Sister City of the City of Boynton Beach. Jenny has been coordinating our Young Artists Showcase in Qufu for a number of years. This is her first trip to the United States and we would like to welcome Jenny and thank her for her dedicated service to the Sister Cities program. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow the presentation. LTERNATIVES 6 of 244 5. A ADMINISTRATIVE August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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 7 of 244 8 of 244 9 of 244 5. B ADMINISTRATIVE August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Kirk LaRock, a regular member EQUESTED CTION BY ITY OMMISSION of the Code Compliance Board ER: Kirk LaRock has submitted an email resigning as a regular XPLANATION OF EQUEST member of the Code Compliance Board.. H? The Code Compliance Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 10 of 244 11 of 244 6. A CONSENT AGENDA August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on July 19, 2011 The City Commission met on July 19, 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 12 of 244 13 of 244 14 of 244 15 of 244 16 of 244 17 of 244 18 of 244 19 of 244 20 of 244 21 of 244 22 of 244 23 of 244 24 of 244 25 of 244 26 of 244 27 of 244 28 of 244 29 of 244 30 of 244 31 of 244 32 of 244 6. B CONSENT AGENDA August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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 the EQUESTED CTION BY ITY OMMISSION General Fund & Utility Fund Revenues & Expenditures for the nine (9) month period ended June 30, 2011. ER: This report analyzes actual revenues and expenditures of the City’s XPLANATION OF EQUEST General Fund and Utility Fund for the nine (9) month period ended June 30, 2011 (75% 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. 33 of 244 GENERAL FUND 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. For the nine months in FY 2011,  Revenues and transfers realized are $ 57.0 million (83%) of the budget estimate, but slightly behind the dollar amount, but equal to the percent of revenue realized to date compared to FY 2010.  Expenditures incurred are $ 51.6 million (75%) of the annual appropriated budget, but about equal to FY 2010 with $56.1 million, but with the spending level at 75% for the nine months, it less than FY 2010 (80%) for the nine months. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,551$ 57,08783%$ 70,517$ 58,459 83%-3%-2% Expenditures$ (68,551)$ (51,606)75%$ (70,517)$ (56,128)80%-3%-8% Excess (Deficit)$ -$ 5,481$ -$ 2,331 The following summarizes the major revenues and expenditures to date. Revenues & Transfers (Exhibit A) - Overall, with $57.0 million received to date, the funding sources are behind by $1.3 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 $21.0 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. 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 68% collected at this point last year to 64% in FY 2011. Building Permits show a significant increase for the nine (9) months, both in dollars collected ($428 K) and percent collected with 210% of budget estimate this year compared to 34 of 244 128% last year. 100% - $ 68.5 M – Total funding sources Expenditures (Exhibit B) – General Fund expenditures for the nine month period ended June 30 (75% of the fiscal year) are $ 51.6 million (75%) 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 $ 51.6 million that is less than the spending compared to the $ 56.1 million actual spending levels in FY 2010 for this same period. Police and Fire spending levels impact the overall total FY 2011 higher spending levels. At the 75% part of the fiscal year behind us, their spending levels in FY 2011 compared to FY 2010 are:  Police FY 2011 = 77% expended compared to 82% at this same point in FY 2010  Fire FY 2011 = 78% expended compared to 81% at this same point in FY 2010 . 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 nine months in FY 2011,  Revenues realized are $ 25.9 million (81%) of the annual budget estimate compared to $25.1 million (78%) in FY 2010.  Expenditures incurred are $23.6 million (74%) of the annual appropriated budget compared to $23.8 million (73%) in FY 2010. This results in an excess of revenues over expenditures of $ 2.2 million. FY 2011FY 2010FY 2011 vs. 2010 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 31,967 $ 25,904 81%$ 32,465 $ 25,180 78%-2%3% Expenditures$ (31,967)$ (23,677)74%$ (32,465)$ (23,854)73%-2%-1% Excess (Deficit)$ -$ 2,227 $ -$ 1,326 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $ 25.9 million in FY 2011 revenues and fund balance increase are slightly ahead of the $ 25.1 million to date in FY 2010, because of two factors:  Water Sales - $ 13.6 million equivalent to 81% of the annual estimate, compared to $ 35 of 244 12.5 million (81%) at this point in FY2010.  In FY 2011, $ 4.3 million is being recognized as an added increase to fund balance, compared to an added increase of $ 2.4 million in FY 2010. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2011 expenditures to date are $ 23.6 million or 74% of the annual appropriation compared to expenditures of $ 23.8 million or 73% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 36 of 244 37 of 244 38 of 244 39 of 244 40 of 244 6. C CONSENT AGENDA August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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. R11-080 - Approve the EQUESTED CTION BY ITY OMMISSION adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for FY 2011/2012. ER: The City of Boynton Beach is in its fifteenth year of receiving XPLANATION OF EQUEST Federal Grant funds. The One Year Action Plan has been developed with the activities th recommended and approved by the Commission at their July 5, 2011, meeting. The Commission unanimously approved the recommended grant amounts. H? It will provide the availability of much OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES needed services that are eligible under the CDBG program and provided to our community by various organizations. Grant Amount $479,344 Aid to Victims of Domestic Abuse...........................................................................17,500 Boynton Beach Faith-Based CDC..........................................................................65,000 Community Caring Center......................................................................................45,400 Community Caring Center dba “Ocean Avenue Green Market”.............................25,000 TOTAL SUB-GRANTEES..................................................................................$152,900 Planning & Administration.......................................................................................95,868 City of Boynton Beach Recreation Department........................................................9,000 Housing Rehabilitation.......................................................................................**210,595 Housing Rehabilitation Administration..................................................................110,981 TOTAL................................................................................................................$479,344 **$100,000 for Housing Rehab is being reprogrammed from FY 2010/2011. 41 of 244 FI: The City of Boynton Beach expects to receive $479,344 in CDBG funds for FY ISCAL MPACT 2011/2012, with $152,900 to be granted to four (4) sub-grantees. The remaining grant dollars will assist with administrative costs, providing summer camp scholarships through the City’s Recreation and Parks Department, and allowing for housing rehabilitation and associated administrative costs. A: None at this time. LTERNATIVES 42 of 244 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH’S COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2011/2012; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in its fifteenth year of receiving Federal Grant Funds; and WHEREAS , the One Year Action Plan has been developed with the activities recommended and approved by the City Commission at their July 5, 2011 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the adoption of the City of Boynton Beach’s Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2011/12, a copy of which is attached hereto. Section 3. This Resolution will become effective immediately upon passage. 43 of 244 PASSED AND ADOPTED this ___ day of August, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 44 of 244 45 of 244 46 of 244 47 of 244 48 of 244 49 of 244 50 of 244 51 of 244 52 of 244 53 of 244 54 of 244 55 of 244 56 of 244 6. D CONSENT AGENDA August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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. R11-081 - Approve EQUESTED CTION BY ITY OMMISSION amendments to certain provisions of Resolution R10-161 relating to the issuance of conduit revenue bonds, Series 2011, for the benefit of Charter Schools of Boynton Beach. ER: Since approval of the Initial Resolution on December 7, 2010, certain XPLANATION OF EQUEST changes are needed in order to issue the bonds. With reference to the following sections of the Initial Resolution (attached), the following changes are needed:  Section 5(a) of the Initial Resolution is amended by adding the following sentence: “The Bonds may be sold with an original issue discount or at premiums as the Company and Underwriters may determine.”— The Initial Resolution was silent on the subject of Original Issue Discount or Original Issue Premium in connection with pricing the bonds for sale to the public. The Bond Counsel and Underwriter wanted clarity.  Section 5(b) of the Initial Resolution amends reference to "December 1, 2040" to: "December 1, 2041." Since it has taken longer than expected to prepare the bond issue ready to market, they need the extra year to allow a 30 year maturity.  Section 5(g) of the Initial Resolution amends reference to "July 29, 2011" to: “December 6, 2011” The Initial Resolution required issuance of the bonds by Friday, July 29, 2011, but with the need to amend the Resolution, more time is needed. The TEFRA hearing held on December 7, 2010 is valid for a year, so December 6, 2011 is the latest the bonds could be issued without having to come back to the City again. 57 of 244  All references in the Initial Resolution to "TD Bank, N.A." are amended to refer to "Regions Bank." Charter Schools of Boynton Beach decided that it wanted Regions Bank as the trustee rather than TD Bank. H? Not Applicable. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 58 of 244 RESOLUTION NO. R11-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CERTAIN PROVISIONS OF RESOLUTION R10-161 RELATED TO THE CITY OF BOYNTON BEACH, FLORIDA REVENUE BONDS (CHARTER SCHOOLS OF BOYNTON BEACH) SERIES 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida on December 7, 2010, adopted Resolution R10-161 (the “Initial Resolution”); WHEREAS , the Commission desires to amend the Initial Resolution; 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. Section 5(a) of the Initial Resolution is amended by adding the following sentence: “The Bonds may be sold with an original issue discount or at premiums as the Company and Underwriters may determine.” Section 3. The reference to "December 1, 2040" in Section 5(b) of the Initial Resolution is amended to refer to "December 1, 2041." Section 4. The reference to "July 29, 2011" in Section 5(g) of the Initial Resolution is amended to refer to "December 6, 2011." Section 5. All references in the Initial Resolution to "TD Bank, N.A." are amended to refer to "Regions Bank." Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 2nd day of August, 2011. CITYOFBOYNTONBEACH,FLORIDA ______________________________ 59 of 244 M–JR AYOR OSE ODRIGUEZ _______________________________ VM–WO ICE AYOR ILLIAM RLOVE ________________________________ C–WL.H OMMISSIONER OODROW AY _______________________________ C–SH OMMISSIONER TEVEN OLZMAN _______________________________ C–MR OMMISSIONER ARLENE OSS ATTEST: _____________________________ JM.P,MMC ANET RAINITO CC ITY LERK (CS) ORPORATE EAL 60 of 244 6. E CONSENT AGENDA August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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. R11-082 - Approve and EQUESTED CTION BY ITY OMMISSION ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on July 21, 2011 1. Accept the 22011/2012 Wastewater and Reclaim O&M Budgets and wastewater repair and replacement expenditures 2. Authorize the user rate to cities for fiscal year 2011/2012 for wastewater in the amount of $0.9871/1,000 gallons for operations and maintenance and $0.1940/1,000 gallons for reserves bringing the total to $1.1811/1,000 gallons 3. Authorize the establishment of the reclaim user rate to consumers (Delray Beach, Boynton Beach and South Central Plant) for fiscal year 2011/2012 at $0.18643/1,000 4. Accept the 2011/2012 organizational chart and salary ranges; including the reclassification of the Laboratory Coordinator position ER: On July 21, 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 : None. Rates have not increased. ISCAL MPACT A: Do not ratify the actions of South Central Regional Wastewater Treatment and LTERNATIVES Disposal Board. 61 of 244 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 JULY 21, 2011, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE INTERIM 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 July 21, 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 July 21, 2011, as set forth on the attached Exhibit “A” and authorizes the Interim 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 August, 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) 62 of 244 63 of 244 64 of 244 65 of 244 66 of 244 67 of 244 68 of 244 69 of 244 70 of 244 71 of 244 72 of 244 73 of 244 74 of 244 75 of 244 76 of 244 77 of 244 78 of 244 79 of 244 80 of 244 81 of 244 82 of 244 83 of 244 84 of 244 85 of 244 86 of 244 87 of 244 88 of 244 89 of 244 90 of 244 91 of 244 92 of 244 7. A BIDS AND PURCHASES OVER $100,000 August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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. R11-083 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the Interim City Manager to sign the Provider Agreement with Metropolitan Life Insurance Company of Plantation, FL (MetLife) for the City's "FULLY INSURED DENTAL PLAN", RFP #060-1610- 11/JMA. The time period is from October 1, 2011 thru September 30, 2012, with the option to renew for two (2) additional one-year periods. PAP: October 1, 2011 thru September 30, 2012 ROVIDER GREEMENT ERIOD ER: Procurement advertised the RFP for “FULLY INSURED DENTAL XPLANATION OF EQUEST PLANS” for the City and received and opened six (6) proposals from carriers on June 22, 2011. The carriers that submitted proposals were: Humana (Current Provider) Blue Cross/Blue Shield CIGNA Delta Dental MetLife (Recommended Provider) United Concordia The proposals were reviewed by Renee Schindler of Willis, Patricia Sholos, Benefits Administrator for the City and Julie Oldbury, Director of Human Resources for the City. The proposals that were considered were the plans that most closely matched the City’s current plan. Humana, the City’s current carrier proposed a 7.9% increase in rates. Blue Cross/Blue Shield and United Concordia proposed rates that were 8%-16% above the current rates. CIGNA proposed rates equal to and 3% above the current rates. Delta Dental proposed rates 6.5% under the current rate. 93 of 244 MetLife’s proposal was rates at 7.3% less than the current rate for the one year period and a nd 2 year cap, if City renews the agreement, of no more than 5%. After reviewing the proposals, the recommendation from Willis and the review team is that the City move their Dental Plan to MetLife for the period beginning October 1, 2011. The recommendation is based on the lower monthly premiums, the City previously had MetLife and employees were pleased with the network and plan, MetLife offers one of , if not the most, comprehensive contracts in the industry, and MetLife offers an open contract, as opposed to other carriers contracts that are closed. An open contract will allow services that are not specifically listed as being covered to be considered based on necessity. A closed contract does not allow for such consideration. The City’s Insurance committee met on Tuesday, July 19, 2011 at a publically noticed meeting and was updated by Willis as to the results of the bid process and provided their recommendation. The Insurance committee agreed to recommend to the Commission to award the City’s Dental Plan to MetLife. This one (1) year provider agreement provides the City with the option of renewing the agreement for an additional two (2), one-year periods. H? Providing the dental plan as part of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City’s overall benefit package to employees assists in recruiting and maintaining employees. FI: The fiscal impact would be an approximate reduction of 7.3% in the City’s ISCAL MPACT monthly premiums for the 2011/2012 fiscal year in comparison to the 2010/2011 fiscal year. The current and new monthly rates are as follows: Current Rates New Rates(as of 10/01/11) Employee $ 29.71 $ 27.55 Family $ 89.64 $ 77.06 This represents a reduction in monthly premiums for Employee coverage of approximately 7.3% for the upcoming fiscal year. The annual expenses for the Dental Plan for the current and previous fiscal years are as follows: FY 2008/2009 $ 335,576.98 FY 2009/2010 $ 291,014.47 FY 2010/2011(to date) $ 250,720.22 A: Do not award Provider Agreement for the City’s Dental Plan with MetLife and LTERNATIVES re-issue a bid for the City’s Dental Plan. The City’s Benefits Consultant (Willis of Florida) and staff recommend awarding the bid for the City’s Dental Plan to MetLife. 94 of 244 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, AWARDING THE RFP #060-1610-11/JMA “FULLY INSURED DENTAL PLAN” TO METROPOLITAN LIFE INSURANCE COMPANY OF PLANTATION, FLORIDA FOR THE PERIOD OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE PROVIDER AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND METROPOLITAN LIFE INSURANCE COMPANY FOR DENTAL COVERAGE; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on June 22, 2011, Procurement Services received and opened six (6) proposals which were reviewed by staff and the City’s Consultant, Willis of Florida; 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 award the RFP #060-1610-11/JMA “Fully Insured Dental Plan” to Metropolitan Life Insurance Company of Plantation, Florida for the period October 1, 2011 through September 30, 2012 with the option to renew for two (2) additional one-year periods and authorize the Interim City Manager to execute the Provider Agreement between the City of Boynton Beach and Metropolitan Life Insurance Company for dental coverage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award the RFP #060-1610-11/JMA “Fully Insured Dental Plan” to Metropolitan Life Insurance Company of Plantation, Florida for the period October 1, 2011 through September 30, 2012 with the option to renew for two (2) additional one-year periods, a copy of which is attached hereto as Exhibit “A”. Section 3. The Interim City Manager is authorized to execute the Provider Agreement with Metropolitan Life Insurance Company for dental coverage. 95 of 244 Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 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) 96 of 244 97 of 244 98 of 244 99 of 244 100 of 244 101 of 244 102 of 244 103 of 244 104 of 244 105 of 244 106 of 244 107 of 244 108 of 244 109 of 244 110 of 244 111 of 244 112 of 244 113 of 244 114 of 244 115 of 244 116 of 244 117 of 244 118 of 244 119 of 244 120 of 244 121 of 244 122 of 244 123 of 244 124 of 244 125 of 244 126 of 244 127 of 244 128 of 244 129 of 244 130 of 244 131 of 244 132 of 244 133 of 244 134 of 244 135 of 244 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED DENTAL PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _Metropolitan Life Insurance Company (MetLife)_ City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.FULLY INSURED PROJECT DESIGNATION. The Provider is retained by the City to provide a DENTAL PLAN for the City of Boynton Beach. 2.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement for the period beginning October 1, 2011 thru September 30, 2012, unless an extension of such time is granted in writing by the City. 4.TERM: This Agreement shall be for a period of one (1) year commencing on October 1, 2011 thru September 30, 2012. The City of Boynton Beach may renew the contract at the same terms and conditions, for two (2) additional one-year periods subject to vendor acceptance, satisfactory performance and determination that renewal and pricing will be in the best interest of the City. The Provider has agreed that the renewal rates for the first renewal period of this agreement will not increase more than 5% of the initial agreement period. 5.PAYMENT. The Provider shall be paid by the City for services rendered under this agreement as follows: a. The monthly premium based on number of enrollees for the City’s FULLY INSURED DENTAL PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Provider’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 the termination of the Agreement. Copies shall be made available upon request. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Provider in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Provider shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Provider’s endeavors. 7.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this 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. 136 of 244 8.INDEMNIFICATION. Provider 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 Provider’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 9.INSURANCE. The Provider 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 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 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider 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 Provider nor any employee of Provider 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 Provider, or any employee of Provider. 11.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bona-fide employee working solely for the Provider, 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 Provider, 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. 12. DISCRIMINATION PROHIBITED. The Provider, 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. 13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. 137 of 244 a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Provider. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Provider shall be sent to the following address: Metropolitan Life Insurance Company ATTN: Michael Puglisi 1200 South Pine Island Suite 770 Plantation, FL 33324 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider 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 Provider. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk 138 of 244 Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary EXHIBIT “A” Scope of Services 139 of 244 9. A PUBLIC HEARING August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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. 11-019 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to the Land Development Regulations to add Florida-Friendly Landscaping standards and provisions. Applicant: City-initiated. ER: The City’s landscaping requirements, approved with the adoption XPLANATION OF EQUEST of Ordinance 10-25 (LDR Rewrite project), included several provisions that are based upon the Florida-friendly landscape principles (e.g., drought tolerant species). Staff later concluded that more research should be conducted on the topic and that additional enhancements to the code are warranted, particularly due to the increased need for water conservation, and in connection with a related strategy adopted in the City’s Climate Action Plan . The University of Florida’s Institute of Food and Agricultural Sciences (IFAS) helped create the nine (9) Florida-friendly landscaping principles. The intent of these principles is aimed at reducing the environmental impact of development by employing sustainable landscaping / maintenance practices. The nine (9) principles are listed as follows: 1. Right Plant, Right Place 2. Water Efficiently 3. Fertilize Appropriately 4. Mulch 5. Attract Wildlife 6. Manage Yard Pests Responsibly 7. Recycle 8. Prevent Stormwater Runoff 9. Protect the Waterfront 140 of 244 The Florida Department of Environmental Protection (DEP) developed a model ordinance intended to guide the adoption of these principles. Staff reviewed the model ordinance and used it as a guide in drafting the proposed regulations. The intent of these regulations is to foster a more sustainable outdoor environment on developed non-residential and multi-family residential sites, while taking into consideration feasibility and financial impacts upon the development community, landscape industry, businesses, and property owners. It should be noted that the draft regulations were distributed to local stakeholders (i.e., nursery grower, landscape architects, landscape contractor, and irrigation contractor) and their feedback has been positive and incorporated into the proposed regulations. As for the position of the Planning & Development Board, the Board forwards the item to the Commission with a recommendation for approval. H? The subject ordinance implements a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES strategy approved within the Community Action Plan (CAP) as part of the efforts of the City’s Green Task Force. FI: N/A ISCAL MPACT A: Not approve subject code amendment or approve with changes. LTERNATIVES 141 of 244 ORDINANCE 11-019 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO PART III, "LAND DEVELOPMENT REGULATIONS" TO ADD FLORIDA- FRIENDLY LANDSCAPING STANDARDS AND PROVISIONS; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, due to the increased need for water conservation and in connection with a related strategy adopted in the City’s Climate Action Plan staff has determined that additional enhancements to the code are warranted; and WHEREAS, the intent of these regulations is to foster a more sustainable outdoor environment on developed non-residential and multi-family residential sites while taking into consideration feasibility and financial impacts upon the development community, landscape industry, business and property owners; and WHEREAS, staff recommends the adoption of the attached revisions to the Land Development Regulations as they will add Florida-friendly landscaping standards and provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows: See attached Exhibit “A” 142 of 244 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. REMAINDER OF PAGE INTENTIONAL LEFT BLANK 143 of 244 PASSED FIRST READING this ___ day of __________, 2011. SECOND AND FINAL READING 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) 144 of 244 145 of 244 146 of 244 147 of 244 148 of 244 149 of 244 150 of 244 151 of 244 152 of 244 153 of 244 154 of 244 155 of 244 156 of 244 157 of 244 158 of 244 159 of 244 160 of 244 161 of 244 162 of 244 163 of 244 164 of 244 165 of 244 166 of 244 167 of 244 168 of 244 169 of 244 170 of 244 171 of 244 172 of 244 173 of 244 174 of 244 175 of 244 176 of 244 177 of 244 178 of 244 179 of 244 180 of 244 181 of 244 182 of 244 183 of 244 184 of 244 185 of 244 186 of 244 187 of 244 188 of 244 189 of 244 190 of 244 191 of 244 192 of 244 193 of 244 194 of 244 195 of 244 196 of 244 197 of 244 198 of 244 199 of 244 200 of 244 201 of 244 202 of 244 10. A CITY MANAGER’S REPORT August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review transportation options and provide direction to staff EQUESTED CTION BY ITY OMMISSION regarding final transportation program elements to be included in the FY 2011/12 Budget. ER: At its meeting on April 5, 2011, the City Commission reviewed XPLANATION OF EQUEST various options to providing transportation services in our City for primarily senior citizens. Subsequent to that meeting, the City Commission reviewed staff recommendations to cut the City’s Shopper Hopper Programs and further to approve a $50,000 expenditure to fund another transportation program, albeit greatly reduced in scope given the reduction from nearly $225,000 to $50,000. During budget review meetings in July, the City Commission asked that staff focus on what type of transportation options could be funded using the reduced amount of $50,000 and also asked staff to better describe how the various transportation options will be communicated to the public. Transportation Alternative Staff very much believes that The Volen Center provides a good alternative to our senior residents, even when compared to our Shopper Hopper system. The Volen Center provides transportation at minimal expense, or even free to those seniors who are registered to participate in the Senior Center’s lunch program. This is because The Volen Center receives grant funding to administer and provide the lunch program to various facilities through the County that serve seniors. The Volen Center option was not available when the City first introduced the local Shopper Hopper Program. Therefore, it is staff’s recommendation that The Volen Center be offered as a transportation alternative to our Shopper Hopper program for those seniors who wish to receive the various services offered at the Senior Center. The Senior Center provides far reaching services as noted in the attached News and Reviews for April, May and June 2011 and the corresponding 203 of 244 Activity Calendar. The Senior Center addresses health and fitness education programs, provides meals and a wide variety of educational programs and activities in addition to a multitude of fun adventures. There is no doubt why we currently experience elevated transportation ridership to the Senior Center. It’s popular. The Palm Beach County Palm Tran Connection is a shared ride, door to door, paratransit service that provides transportation for disabled residents and visitors in Palm Beach County under the Americans with Disabilities Act (ADA) Program, the Division of Senior Services (DOSS) Program, and the Transportation Disadvantaged (TD) Program. Seniors eligible for service from the Palm Tran Connection can receive assistance with completing the application form at the Boynton Senior Center. The Connection travels in Palm Beach County from Jupiter to Boca Raton and from Palm Beach to South Bay. The Americans with Disabilities Act (ADA) core service covers the following: East of the Florida Turnpike in Palm Beach County from the South County Line to Donald Ross Road. ADA Service Continues to the ¾ mile buffer around fixed routes located outside the ADA core service area. The Connection schedules all trips, prepares vehicle manifests, handles customer concerns & commendations, determines eligibility and monitors the performance of the Transportation Providers. The service operates seven days a week and 58% of the ridership are senior citizens. To provide transportation to locations within the City of Boynton Beach other than the Sr. Center, such as doctor’s appointments or grocery shopping, staff recommends implementing a program similar to Wellington’s Senior Transportation Voucher System. In essence, this would involve the City entering into an agreement with a local vendor to provide transportation to essential locations. The $50,000 would be used to subsidize this option, and a voucher system would be created to control and monitor its use. The subsidized pricing that Wellington negotiated with their local transportation vendor was $15 one-way, for which seniors purchase a ride voucher for $2 one-way ($30 & $4 round-trip). This provides transportation to and from destinations within the city boundaries at an affordable rate. Staff further recommends that approximately $2,000 of the allocated $50,000 should be used for marketing and promoting this option. The last two attachments to this agenda item outline the Wellington program in more detail. They are entering their second year with this program and indicate it’s become widely used and successful. Unfortunately, Palm Beach County staff has not been able to respond to our request to utilize only one of their transit coaches in lieu of the current fleet they have been providing. Understandably, the County receives these vehicles through a federal transit grant and consequently the determination of availability would be based upon the criteria of their federal grant. Therefore, staff is not recommending the continuation of a single shopper hopper, since it would also not suffice to provide transportation to multiple essential locations, but would only be available to transport seniors to the Senior Center, which the Volen Center program already provides. Staff Recommendation Staff recommends that the City Transportation Program be amended to include the following elements: 1. The Volen Center program to transport participants to the Sr. Center (free) 2. The Palm Tran Connection for eligible, disabled seniors for transportation within Palm Beach County ($3 one-way trip) 204 of 244 3. City Subsidized Transportation Voucher Program – For a nominal fee, seniors would be provided with transportation to doctor’s appointments, shopping, religious services and other essential destinations. H? The Shopper Hopper program will cease OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to operate in its present state effective September 30, 2011. However, all transportation needs, and more, will now be offered in the three transportation options recommended herein. FI: Reduction in FY 2010/11 Budget from $224,541 to $50,000 in FY 2011/12. ISCAL MPACT A: LTERNATIVES 1. Delete all transportation costs from the City budget and rely entirely upon Palm Tran and The Volen Center to serve as publicly funded transportation alternatives for senior citizens. Do not offer City transportation programs. Fiscal Impact : Reduction in FY 2010/11 Budget from $224,541 to $0 in FY 2011/12. 2. Enact staff’s recommendation to develop a subsidized transportation voucher program similar to Wellington’s, in which seniors would purchase a voucher for a nominal fee. The City would issue an RFP to contract with a local transportation provider and subsidize this program with $50,000 proposed in the FY 2011/2012 Budget. Fiscal Impact : Reduction in FY 2010/11 Budget from $224,541 to $50,000 in FY 2011/12. 205 of 244 206 of 244 207 of 244 208 of 244 209 of 244 210 of 244 211 of 244 212 of 244 213 of 244 214 of 244 215 of 244 216 of 244 217 of 244 218 of 244 219 of 244 220 of 244 221 of 244 222 of 244 223 of 244 224 of 244 225 of 244 226 of 244 227 of 244 228 of 244 229 of 244 230 of 244 231 of 244 232 of 244 233 of 244 234 of 244 Summary of Wellington Senior Transportation Voucher Program  Program began in July 2010 with a budget of $10,000  Pilot door-to-door service with no restrictions  RFP for car service. Town car. Trunk large enough to accommodate walkers and other like equipment.  NOT ADA Compliant. Service is not for wheelchair bound seniors.  Standard price $15 one-way. Senior subsidiary price $2 one-way.  Senior pays cab company. Cab company bills Wellington. Program was not being fully utilized so a Full Marketing Campaign was done and ridership increased. Program was funded for another $10,000 in FY 2010/2011 and by February 2011 funding was spent. Another $25,000 was added to the program and new criteria was established.  Only rides to the doctor’s office, local hospital, grocery stores and religious services were eligible.  Limit 6 trips per month per person.  Changed from paper vouchers to swipe cards with bar codes. Supply cab company with card reader. City is electronically billed.  No rides outside city limits.  Will be increasing price to $18 one-way. Senior subsidiary $4 one-way. The program is now very successful, according to Wellington employees. Average 300 rides per month. Expanding service and funding $40,000 to program in FY 2011/2012. 235 of 244 14. A FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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: Authorization for Utilities Revenue Bonds - 8/16/11 EQUESTED CTION BY ITY OMMISSION ER: Request authorization from the City Commission to procure XPLANATION OF EQUEST revenue bonds to pay for necessary Utilities capital improvement projects. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 236 of 244 14. B FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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: Veteran's Park on Ocean Ave - 08/16/11 EQUESTED CTION BY ITY OMMISSION ER: At the June 21, 2011 City Commission meeting, staff was directed XPLANATION OF EQUEST to collaborate with the CRA and Recreation and Parks Advisory Board to bring back to the Commissions options for park enhancement/redevelopment for the Ocean Avenue Veteran’s Park. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 237 of 244 14. C FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: City Manager Search - 8/16/11 EQUESTED CTION BY ITY OMMISSION ER: As a follow-up to the June 21, 2011 City Commission meeting, staff XPLANATION OF EQUEST will bring back to Commission a recommended process for a City Manager search. This will include job description and qualifications, profile of the City and the ideal candidate, application screening options and suggested timeline. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 238 of 244 14. D FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Climate Action Plan Implementation Status Report - EQUESTED CTION BY ITY OMMISSION 8/16/11 ER: Status report update to Commission regarding progress made on XPLANATION OF EQUEST Climate Action Plan implementation strategies. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 239 of 244 14. E FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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 a City Commission appointed EQUESTED CTION BY ITY OMMISSION Community Redevelopment Agency (CRA) Board - 8/16/11 ER: Per Commissioner Holzman, discuss the appointment of a XPLANATION OF EQUEST Community Redevelopment Agency (CRA) Board by the City Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 240 of 244 14. F FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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 to City/CRA workshop - 9/06/11 EQUESTED CTION BY ITY OMMISSION ER: As a follow-up to the May 17, 2011 Commission meeting, staff will XPLANATION OF EQUEST bring back to the Commission updated funding estimates for options 1a and 1b which included relocating the Police Department to either the High Ridge Road site or East Seacrest Blvd. Staff will also provide land values on city owned property available for sale. Staff has been informed the appraisal work will be complete by mid-August, hence the 9/6/11 report date to the Commission. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 241 of 244 14. G FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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: Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - 09/06/11 ER: Development staff will provide draft ordinance revisions for XPLANATION OF EQUEST consideration by the City Commission regarding restrictions for vehicle size in residential districts. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 242 of 244 14. H FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Recommendation from the “review committee” to rename EQUESTED CTION BY ITY OMMISSION the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD ER: This item was tabled at the June 21, 2011 City Commission XPLANATION OF EQUEST meeting. Staff recommends that this item remain tabled pending the conclusion of litigation concerning the Rahming and Williams families. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 243 of 244 14. I FUTURE AGENDA ITEMS August 2, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 2, 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 244 of 244