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Agenda 05-04-10 SearchableThe City of B o yn to n _ Beac _ 100 E. Boynton Beach Boulevard • (561) 742 -6000 TUESDAY, MAY 4, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor — At Large Marlene Ross Vice Mayor — District IV William Orlove Commissioner — District Woodrow Hay Commissioner — District II Steven Holzman Commissioner — District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk AO DIST ICT IV J � f r IST IC I OLNNOYNTO ON 6E H 9LV Q � U DI TRI T/ Q a 3 DISTRI T I 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 140 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation - Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay 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. Announcement of the upcoming Movies on the Ave. event B. Announcement of the upcoming Ocean Avenue Concert C. Present a Proclamation for National Public Works Week - May 16 - 22, 2010. D. Present a Proclamation for Mental Health month to members of the Boynton Beach Mental Health Initiative. E. Announcement of the 2010 Mayor's Challenge Commit2B Fit 3K Walk F. Present a Proclamation designating May as Water Safety Month and receive a short presentation about programs and activities at the John Denson Pool. G. Permit presentation of National Day of Prayer Proclamation 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. B. TABLED on April 20, 2010 - Appoint an eligible member of the community to serve on the Historical Preservation Ad Hoc Committee. 3 of 140 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on April 20, 2010. B. PROPOSED RESOLUTION NO. R10 -048 - Approve notification to FDOT of the City's interest in exercising its' right of first refusal for the acquisition of FDOT's surplus property known as Galaxy Way. C. PROPOSED RESOLUTION NO. R10 -049 - Approve Amendment #3 of the Interlocal Agreement with the CRA, regarding the cost - sharing of funding improvements along SE 4th Street improvements. D. PROPOSED RESOLUTION NO. R10 -050 - Approve request from Clear Wireless, LLC to allow for ground equipment and co- location on the existing telecommunications tower at the Public Works Compound (222 NE 9th Avenue). 7. BIDS AND PURCHASES OVER $100,000 A. Award "MICRO- SURFACING FORTY -FOUR (44) STREETS IN CITY OF BOYNTON BEACH" to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, Florida with a total proposed expenditure of $484,471.18 plus a 10 percent ( %) contingency in the amount $48,447.12 for a total project cost of $532,918.30. This includes both the micro - surfacing and the line restriping where deemed necessary. 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. A. Request amendment to add a definition for aeration Windmills and corresponding provisions and standards (CDRV 10 -002) to the Land Development Regulations (LDR), Chapter 2. Zoning, Section 4.129, including a maximum height of 25 feet, and limitation to nonresidential zoning districts for the purpose of aerating wet detention areas Applicant: City- initiated. PROPOSED ORDINANCE NO. 10- 010 - FIRST READING. 4 of 140 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10 -051 - Approve the Interlocal Agreement with the Town of Manalapan, providing for an emergency interconnection between the potable water systems. B. TABLED on April 20, 2010 - Discussion on the Budget Status Report of the General Fund and the Utility Fund for the six (6) month period ended March 31, 2010. 11. FUTURE AGENDA ITEMS A. Monthly status report from Development Department on NSP Program and CDC Performance — (May 18, 2010) B. Follow -up report on status of agreement between Boynton Beach and Palm Beach County Fire - Rescue for fire rescue coverage in three barrier island enclaves near Briny Breezes. (May 18, 2010) C. Staff follow -up report on Emergency Medical Service Billing changes and clarification of collection reporting options (May 18, 2010) D. Follow -up Staff Report on Pain Management Clinic Regulations (May 18, 2010) E. Capital Improvement Status Report - Initial City Commission review of 2010- 2011 Capital Improvement Budget (General and Utilities) and Five -Year Capital Improvement Plan (May 18, 2010) F. Budget Amendment — Reduction of FY 09/10 City Operating Budget by $1 M (May 18, 2010) G. Discussion and Formalization of Budget Workshops Agenda /Format — Workshops scheduled for July 19 -21 - 1:00 pm to 5:00 pm in the Library Program Room (May 18, 2010) H. Formalization and approval of CRA Application and rating matrix (May 18, 2010) I. Request authorization to transmit additional amendment to the CDBG Substantial Plan Amendment to HUD designating the CRA as a sub - recipient for NSP allocation ($400,000) — (May 18, 2010) J. Appointment of members to the Financial Advisory Review Committee (May 18, 2010) K. Report and Recommendation for Interlocal Agreement with Palm Beach County Fire - Rescue — Sales Tax Program (June 1, 2010) L. Interlocal Agreement with the CRA designating the CRA as a sub - recipient of Neighborhood Stabilization Funds (June 1, 2010) M. Second draft review of Climate Action Plan (June 15, 2010) N. Final approval of Climate Action Plan (July 20, 2010) 5 of 140 O. Appoint members to 7 member independent Community Redevelopment Agency Board (August 3, 2010) P. Police Complex — Discussion of project timing, scope, location and funding alternatives available. (TBA) Q. TABLED on April 20, 2010 (Pending continued discussions with Palm Beach County) - Lease agreement between City of Boynton Beach and Boynton Beach Child Care Center, Inc. (TBA) 12. NEW BUSINESS A. Discussion of City Commission Workshop /Retreat; formalization of Retreat Program Agenda B. Consideration and approval for City Commissioner to attend the 18th Annual National League of Cities Leadership Summit in Philadelphia, Pennsylvania from September 23-25,2010 C. Consideration of Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course D. Consideration of meeting time change for Regular City Commission meetings 13. LEGAL A. PROPOSED ORDINANCE 10 -008 - SECOND READING - Request code amendment (CDRV 10 -001) to add "Amusement Arcade" to the C -2 (Neighborhood Commercial) zoning district as a conditional use. Applicant: City- initiated 14. UNFINISHED BUSINESS None 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 PAM WELSH (561) 742 -6013 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 140 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the upcoming Movies on the Ave. event. EXPLANATION OF REQUEST: On Friday, May 7, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present a Movies on the Ave film screening, featuring the Oscar and Golden Globe award winning film UP rated PG This FREE event will take place from 7:00 PM to 9:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget — line item 02- 58500 -480 ALTERNATIVES: 7 of 140 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the upcoming Ocean Avenue Concert. EXPLANATION OF REQUEST: On Friday, May 21, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post and Rick Locco will present an Ocean Avenue Concert, featuring the R & B band PURE JUSTICE. This FREE concert will take place from 6:00 PM to 9:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs and dancing shoes, but leave your pets at home. Ample onsite parking. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget — line item 02- 58500 -480 ALTERNATIVES: 8 of 140 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation for National Public Works Week - May 16 - 22, 2010. EXPLANATION OF REQUEST: National Public Works Week is scheduled to occur during the week of May 16 — 22, 2010. This year's theme "Public Works. Above, Below, & All Around You ", speaks to the all- pervasive effort of public works professionals and their projects. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It is an opportunity to promote the diversity of Public Works and Utilities and the positive impact of Public Works and Utilities employees and services to the community. FISCAL IMPACT: N/A ALTERNATIVES: Not to approve the Proclamation. 9 of 140 t M A I t WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, forestry & grounds, fleet maintenance, water and sewers and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services ;. and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works and Utilities officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works and utilities departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS, this year's theme "Public Works. Above, Below, & All Around You", speaks to the all- pervasive effort of public works professionals and their projects; and Now, THEREFORE, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of May 16 — 22, 2010 as "NATIONAL PUBLIC WORKS WEEK" and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and utilities and to recognize the contributions which public workss and utilities officials make every day to our health, safety, comfort, and quality of life. 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, this 4 th day of May, Two Thousand Ten. Jose Rodriguez, Mayor City of Boynton Beach F_IVIRTZU City Clerk (Corporate Seal) 10 of 140 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a Proclamation for Mental Health month to members of the Boynton Beach Mental Health Initiative. EXPLANATION OF REQUEST: In Florida, nearly 8 percent of the population suffers from some form of mental illness, which can seriously affect a person's thinking, mood and behavior. A wide variety of treatment is available. Yet, despite Florida's status as the fourth largest state in the U.S., per capita funding for mental health and substance is ranked 48th and 37th, respectively in the nation, which is why organizations such as the Boynton Beach Mental Health Initiative are vital to the community. The month of May is traditionally set aside to focus attention on mental health issues. Mental health advocate and BBMHI member Gerda Klein will receive the Proclamation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness of mental health issues and the availability of treatment to eradicate the stigma associated with these afflictions. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation. 11 of 140 Mental Health Month Proclamation Good physical and mental health are essential to a person's overall well- being. Therefore, like any physical ailment, mental illness also requires urgent and sensitive care. Unfortunately, the stigma sometimes surrounding mental illness can prevent people from seeking the medical attention they need. When left untreated, these illnesses can seriously alter a person's thinking, mood and behavior, which can potentially disrupt work, damage relationships and destroy lives. In Florida today, nearly 8 percent of the population suffers from a mental illness, such as schizophrenia, bipolar disorder, depression and anxiety disorder. These afflictions know no racial, ethnic or social boundaries and affect both young and old alike. For those experiencing mental health problems, a wide variety of treatments exist. Yet, despite Florida's status as the fourth largest state in the U.S., per capita funding for mental health and substance is ranked 48th and 37th, respectively in the nation. Prevention and intervention help reduce the impact of serious mental health illness, and early recognition and treatment increase the probability of recovery and the ability to lead a normal life, which is why the outreach provided by grassroots organizations such as the Boynton Beach Mental Health Initiative are important to the community. Over the past year, BBMHI has focused on making a positive impact on residents and families in the City and in the greater Boynton Beach area - while working to break the barriers to overcoming the stigma of mental illness. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 2010 as Mental Health Month and urge all citizens to promote wellness by showing compassion and encouragement to those who live with mental illness In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of May, Two Thousand and ten. 12 of 140 911■ ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Announcement of the 2010 Mayor's Challenge Commit2B Fit 3K Walk EXPLANATION OF REQUEST: On Sat., May 8, Mayor Rodriguez will lead the 2010 Mayor's Challenge Commit28Fit 3K Walk. Mayor Rodriguez is challenging people of all ages to Commit2Bfit for themselves and their families. His goal is to make Boynton Beach a healthier, more vibrant community through exercise. At the November 3, 2009 City Commission meeting, while a City Commissioner, Mayor Rodriguez challenged employees, citizens and children to Commit28Fit. At that meeting, the City Commission adopted a proclamation endorsing the Commit28Fit program. The Commit28Fit program is part of a community service project in which Mayor Rodriguez participated through the 2010 Leadership Palm Beach County program. Boynton Beach became a Commit28Fit city and is continuing on with its commitment through the 2010 Mayor's Challenge. Mayor Rodriguez and the City Commissioners are committed to health and wellness and to the overall good of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This event will help raise awareness of the Commit28Fit program and the healthy benefits of exercise. FISCAL IMPACT: The cost of the program is being underwritten by donations. There is some in- kind support from staff to implement the program as well as police support for the day of the event. ALTERNATIVES: Not permit announcement. 13 of 140 Boynton Beach Hosts Mayor's Challenge Commit2BFit 3K Walk Goal Is To Make the City a Healthier Place Through Exercise On Sat., May 8, the City of Boynton Beach will host the 2010 Mayor's Challenge Commit2BFit 3K Walk. Mayor Jose Rodriguez is challenging people of all ages to Commit2Bfit ... for themselves and their families. "Our goal is to make Boynton Beach a healthier, more vibrant community," said Mayor Rodriguez. "This 3K walk is a great way to get out and exercise and to meet new people who have the same fitness and wellness goals," he continued. The 3K or 1.87 mile walk route will begin at the Schoolhouse Children's Museum, which is located at 129 E. Ocean Ave. in downtown Boynton Beach. Participants will head east along Ocean Ave. to Federal Hwy., before turning north to Boynton Beach Blvd. They will then walk east to the Boynton Harbor Marina, where they will find a water station, and then walk south on the pathway under the Ocean Ave. bridge. They will finally go east on Ocean Ave. to return to the Museum, where they will be offered a light continental -style breakfast. Mayor Rodriguez will lead the walk. Lining the route will be the Fire Department's 1923 REO Speed Wagon and the Community Redevelopment Agency's Police Bicycle Team. This is also an opportunity to meet Mayor Rodriguez personally and to learn about the exciting new elements being added to Boynton's downtown core. Everyone will enjoy the sound of steel drums and the chants and cheers of Boynton Beach Cheerleaders along the way. Participants must pre- register on line at www.boynton- beach.org. The first 200 walkers will receive a free "2010 Mayor's Challenge ...Commit2BFit" t- shirt. Check -in takes place at the Children's Schoolhouse Museum at 7:30 A.M. There will be a warm up before the walk at 8:00 A.M. with Cathy Albanese's Jazzercise group. The walk will step off at 8:15 A.M. In November 2009, while a City commissioner, Mayor Rodriguez challenged employees, citizens and children to Commit2BFit. The Commit2BFit program is part of a community service project in which Mayor Rodriguez participated through the 2009 Leadership Palm Beach County program. City employees and the children in the City's Kids Club afterschool programs signed on to commit themselves to fitness and healthy nutrition during a nine week program. The program was created to prevent childhood obesity, and to recognize communities that are committed to creating and maintaining an environment supportive of active living and healthy eating. Boynton Beach became a Commit2BFit city and is continuing on with its commitment through the 2010 Mayor's Challenge. Mayor Rodriguez is committed to health and wellness and to the overall good of the City and says about the 2010 Mayor's Challenge, "This is just one of many planned events to reengage our community and revive our downtown." He invites people of all ages to the event. In addition to the City of Boynton Beach, Mayor's Challenge sponsors include Bethesda Memorial Hospital, Boynton Beach Community Redevelopment Agency, Commit 2B Fit®, the Home Depot and Two Georges restaurant. Sponsorship opportunities are still available. For more information, call (561) 742 -6025. 14 of 140 Clog ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Present a proclamation designating May as Water Safety Month and receive a short presentation about programs and activities at the John Denson Pool. EXPLANATION OF REQUEST: In recognition of the popularity of swimming and other water - related recreational activities in the United States, and the resulting need for ongoing public education on safer water practices, including swimming lessons, the month of May has been designated as National Water Safety Month. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? National Water Safety Month is being celebrated at the John Denson Pool through educational programs, and the distribution of water - safety - themed material designed to prevent drowning and water related illnesses and injuries. Through these programs, we are able to provide important skill instruction and information regarding the dangers related to drowning incidents and encourages parents, caregivers and others to be aware of the hazards near swimming and water recreational facilities. FISCAL IMPACT: N/A ALTERNATIVES: Do not approve proclamation 15 of 140 PROCLAMATION WHEREAS, citizens of Boynton Beach recognize the vital role that swimming and aquatic- related activities relate to good physical and mental health and enhance the quality of life for all people; and WHEREAS, the citizens of Boynton Beach understand the essential role that education regarding the topic of Water Safety plays in preventing drownings and recreational water - related injuries; and WHEREAS, the City of Boynton Beach is aware of the contributions made by the recreational water industry, as represented by the organizations involved in the National Water Safety Month Coalition in developing safe swimming facilities, aquatic programs, home pools and spas, and related activities providing healthy places to recreate, learn and grow, build self - esteem, confidence and sense of self - worth which contributes to the quality of life in our community; and WHEREAS, the citizens of Boynton Beach recognize the ongoing efforts and commitments to educate the public on pool and spa safety issues and initiatives by the pool, spa, waterpark, recreation and parks industries; and WHEREAS, the citizens of the City Boynton Beach understand the vital importance of communicating Water Safety riles and programs to families and individuals of all ages, whether owners of private pools, users of public swimming facilities, or visitors to waterparks; NOW, THEREFORE, I, Mayor Jose Rodriguez of the City of Boynton Beach do hereby declare the Month of May, as NATIONAL WATER SAFETY MONTH 16 of 140 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ® ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Permit presentation of National Day of Prayer Proclamation EXPLANATION OF REQUEST: National Day of Prayer (36 U.S.C. § 119) is a day designated by the United States Congress when people are asked "to turn to God in prayer and meditation ". The law formalizing its observance was enacted in 1952. That year, President Harry S. Truman signed a bill proclaiming a National Day of Prayer must be declared by each following president at an appropriate date of his choice. In 1982, a National Prayer Committee formed to coordinate and implement a fixed commemorated day of prayer. In 1988, the law was amended so that the National Day of Prayer would be held on the first Thursday of May. A stated intention of the National Day of Prayer was that it would be a day when adherents of all great religions could unite in prayer. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will have no effect on City programs or services. FISCAL IMPACT: None ALTERNATIVES: Not permit presentation of Proclamation. 17 of 140 National Day of Prayer Proclamation Prayer has helped pull people through struggles and fears of every kind. It also serves as a way to express love, gratitude and concern, whether in private or among family and friends. Throughout our nation's history, leaders have urged citizens of faith to pray for our land and those who defend our freedoms at home and abroad. For many in Boynton Beach, prayer is an important part of their daily lives. Today, we join with people across our country in uniting in a National Day of Prayer. Churches, synagogues, temples, mosques, at home or other hallowed places all provide sanctuaries in which to commune with God. In these prayers, may we remember loved ones, our communities, our troops, people and families in need and especially our hard - working friends and neighbors who are struggling during these challenging economic times. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 6, 2010, as National Day of Prayer and urge all citizens to worship as their conscience dictates. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 4th day of May, Two Thousand and ten. 18 of 140 5. A ADMINISTRATIVE May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ® ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for 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. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. 19 of 140 APPOINTMENTS FOR MAY 4, 2010 Appointment Length of Term To Be Made Board Expiration Date II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12110 Tabled (2) I Orlove Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12110 Tabled (3) III Holzman Cemetery Board Reg 3 yr term to 12/12 Tabled (3) IV Ross Cemetery Board Alt 1 yr term to 12/10 Tabled (3) IV Ross Code Compliance Board Alt 1 yr term to 12/10 Tabled (3) III Holzman Community Relations Bd. Alt 1 yr term to 12/10 Mayor Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 Tabled (2) IV Ross Library Board Alt 1 yr term to 12/10 Tabled (3) II Hay Planning and Development Board Alt 1 yr term to 12/10 Tabled (3) IV Ross Recreation & Parks Board Alt. 1 yr term to 12/10 III Holzman Recreation & Parks Board At 1 yr term to 12/10 Tabled (3) Mayor Rodriguez Senior Advisory Board Alt 1 yr term to 12/10 Tabled (3) I Orlove Senior Advisory Board Alt 1 yr term to 12/10 Tabled (3) 20 of 140 APPLICANT ELIGIBLE FOR APPOINTMENT 05/04/10 Last Name First 1 St Choice 2 nd Choice Name 3 rd Choice Blass Piotr Dr. Education & Youth Advisory Board Lowe Ben Library Board Community ( Regular Only) Relations 21 of 140 6'2.1 ADMINISTRATIVE May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 20, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ® ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: TABLED on April 20, 2010 - Appoint an eligible member of the community to serve on the Historical Preservation Ad Hoc Committee. EXPLANATION OF REQUEST: At the October 20, 2009 City Commission meeting, appointments were made for the Historical Preservation Ad Hoc Committee. On March 9, 2010, Steven Hozlman, a regular member of the Committee, was elected to serve as Commissioner for District III, creating a vacancy on the Historical Preservation Ad Hoc Committee. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Historical Preservation Ad Hoc Committee will function with only six members and lose the expertise, knowledge and experience of working with one less member. Three of the four individuals who applied for appointment to the Committee have indicated their continued interest in being a member of the Committee. FISCAL IMPACT: None. ALTERNATIVES: 1.) Not appoint a replacement. 2.) Table the appointment and actively recruit a new member. 22 of 140 Page 1 of 1 Pyle, Judith From: Kahn, Stephanie Sent: Wednesday, March 31, 2010 3:33 PM To: 'warren adams' Cc: Prainito, Janet; Pyle, Judith Subject: RE: Ad Hoc Committee Hi Warren, Yes, the City Clerk's Office is aware of this. Thanks. Best regards, Stephanie D. Xahn Recording Secretary City Clerk's Office City of Boynton Beach 561- 742 -6764 kahns @bbfl.us From: warren adams [mailto:warrenadamsl @ yahoo.com] Sent: Wednesday, March 31, 2010 2:31 PM To: Kahn, Stephanie Subject: Fw: Ad Hoc Committee Hi Stephanie, Did Steven inform you that he will be stepping down from the Ad Hoc Committee? Warren - - - -- Forwarded Message - - -- From: "Holzman, Steven" <HolzmanS @bbfl.us> To: warrenadamsl @yahoo.com Sent: Mon, March 29, 2010 11:05:36 AM Subject: Ad Hoc Committee Warren, I am writing you as the Chair of the committee to inform you that I will be stepping down as a member of the Ad Hoc Committee, due to my recent election to the city commission. I am very focused on developing a historical preservation ordinance for the city and hope that my new position will help with this matter. As the committee moves forward, please let me know if I can be of assistance. Thank you, Steven Holzman 4/12/2010 23 of 140 2010 HISTORIC PRESERVATION AD HOC COMMITTEE MEMBER PHONE PROFESSION Warren Adams - Chair 731 -2125 Executive Director Broward Trust 1020 NW 8th Street warrenadamsl(cTyahoo.com for Historic Preservation Boynton Beach, FI 33426 Gaylord Allan Hendricks Landscape Architect 122 SE 4th Avenue allan(&cwiassoc.com Boynton Beach, FL 33435 OPEN Eric D. Jones MBA 312 -5305 Supervisor Home Depot 3360 East Atlantic Drive hoverionesaaol.com Boynton Beach, FL 33435 John E. McGovern 736 -5568 Administrator -State of Florida 2620 Spiceberry Lane john- mcctovernCcD_att.net Boynton Beach, Fl 33436 Barbara Ready 734 -3646 Banking 329 SW 13 Avenue five read y a?aol.com Boynton Beach, FL 33435 Linda Stabile 734 -6386 Retired College Professor 3811 Wall Street Ustabileagmail.com Delray Beach, FL 33483 Staff Liaison Mike Rumpf 100 E. Boynton Beach Blvd 742 -6261 Planning & Zoning Boynton Beach, FL 33435 rumpfm(a)bbfl.us S: \CC \WP \B0ARDS \LISTS \2010 Board Lists\Historic Preservation Ad Hoc Committee.doc Last printed 4/13/2010 1:50:00 PM 24 of 140 CITY OF BOYNTON BEACH HISTORIC PRESERVATION AD HOC COMMITTEE APPLICATION =t° Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name Pason Block Address 1042 NW 6th Avenue City Boynton Beach State FL E -mail Address jason.block @orionbank.com Current occupation, or, if retired, prior occupation IAVP Credit Officer, Orion Bank Zip Code 33426 How long did you work at this occupation? 12 Years Please indicate your area of expertise, experience and /or education: Currently work as Commercial Underwriter w/ loan officers which include responsibilities of monitoring overall comm. loan activity and determining the degree of risk involved. Manage a portfolio exceeding $400MM and property values in excess of $60MM. Additional responsibilities include financial analysis and narrative presentation of commercial loan requests. Previous employment included Asset Manager for Woolbright Development which included daily oversight of Commercial Properties. Have a great understanding of Commercial Real Estate and Financing. Do you reside within the Boynton Beach city limits? r Yes C` No Do you own /manage a business within the Boynton Beach city limits? C ; Yes C No If "yes ", name of business: 3 Have you ever served on a City of Boynton Beach Advisory Board? (` Yes f No If "yes ", what board? VVhat dates did you serve on the board? Please list any professional memberships: * You may attach your most current resume to this application " Completed applications can be sent to: City of Boynton Beach CITY CLERK'S OFFICE 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E -mail to: prainitoj @bbfLus 2 25 of 140 10 42 N. W. 6' Avenue • Boynton Beach, FL 33426 • Home: (561) 756 -0020 • emaitjasonblockl @hotmail.com Professional Objective: To obtain a position of growth and development potential where my skills and experience in real estate and finance can be fully utilized and enhanced. Work Experience: March 2008 — Present Orion Bank, Palm Beach Gardens, FL Assistant Vice President Credit Officer (Special Assets Officer) • Working on distressed assets team to strategically place and restructure assets. • Developing existing and establishing new customer relationships, responsibilities include monitoring overall commercial loan activity and determining the degree of risk involved in extending credit i.e. renewing or extending matured loans, performing annual loan reviews, site visits, data collection, problem loan reports and assisting customers with concerns or issues. Managed a portfolio exceeding $400MM. • Responsible for financial analysis and narrative presentation of new and existing commercial loan requests. Loans underwritten include but are not limited to income producing properties, land acquisition and development, commercial builder lines, and business lines of credit. Additional experience in specialty real estate including hotels, medical centers, mini - storage facilities non - profits, golf courses, and service stations. • Assisted in the valuation process and negotiations in asset sales. This included calculating IRR and future returns for potential note buyers. • Responsible for training new credit analysts, reviewing Junior Analysts work before distribution, and managing the department workflow for the East Coast Lending Team. Financial analysis includes spreading corporate and personal financial statements, discounted cash flows, identifying trends, reviewing appraisals, preparing cash flow projections (including UCA), and identifying sources of loan repayment. July 2007 — February 2008 Woolbright Development, Inc, Boca Raton, FL Asset Manager / Analyst • Primarily responsible for the underwriting, due diligence and closing of commercial real estate deals, including the acquisition of existing properties, redevelopment of distressed real estate and development of new product. Also accountable for managing a 1.8 million square foot retail /office portfolio of existing properties valued at $500M. Additional highlights include: • Provided strategic planning for current real estate assets and monitor asset performance relative to proforma. • Read and abstracted leases to populate the proforma models in Excel and ARGUS. • Negotiate tenant lease renewals and lease modifications for existing tenants to create value -add opportunities. • Define goals, guidelines and approval for all project areas as well as budgets for operations, leasing and development. • Served as team -lead in facilitating the execution of business plans through coordination with Leasing, Property Management, Accounting, Construction, Entitlements and Marketing in an effort to maximize returns. • Interacted with property managers, leasing agents, lenders, and partners to come up with plans for the properties. 26 of 140 March 2005 - June 2007 Apartment Realty Advisors, Boca Raton, FL Investment Analyst • Responsibility to create the complete marketing and listing packages for individual as well as multi -asset sales packages, often with values in excess of $500M. • Involved in the financial analysis, marketing and sale of over $6 billion in multifamily and mixed -use real estate assets, each with market values from $10 million to well over $100 million • Performed detailed real estate cash flow analysis through the use of discounted cash flow studies, leveraged and unleveraged IRR analysis, cash - on -cash returns, pro forma projections and direct capitalization models. • Coordinate multi asset property due diligence and closing items for multiple locations with buyers and sellers on property listings. • Composed nationally published articles based on market conditions. • Assisted in the entire analysis and marketing process of the company's disposition and equity sourcing assignments including financial underwriting, graphical presentations, buyer /seller interaction, due diligence material coordination, and extensive writing of physical property characteristics, area economic conditions, and geographical /demographic attributes • Market research - including rental surveys, sale comparables, property tax analysis and condo conversion analysis. May 1999 - March 2005 J.D. Block Services Inc. Ft. Lauderdale FL Property Analyst d - -t= =- - ima1 K tin a :,cmposeu writte � �.a ..� leis °- iui � � �a� e I. �y and IlSting pai+ncsgCJ. Prepared detailed cash flow analysis for commercial investment properties and development opportunities (ARGUS and Excel Based). • Coordinated due diligence and closing items with buyers and sellers on property listings. • Negotiated new listing agreements with potential clients. • Underwrote loan packages for commercial assets for GE Capital. • Performed specific market and property studies for JP Morgan, Gables Communities, JPI, Brothers Property and several other small developers /owners. This included financial analysis on whether to dispose of the asset as well as construction vs. cost analysis on weather to renovate. • Market research - updated rent surveys, sale comparables, expense databases, property tax analysis and condo sales and conversions. • Assisted in the liquidation of the remaining assets of Atlantic Gulf Communities Corporation. • Performed site analysis and identified new site locations branch sites for National Bank customers in South Florida. • Assisted in the day -to -day property management operations for investment properties (apartment buildings, shopping centers and office buildings) as well as involvement in management of turnaround situations for income properties and development situations. • Abstracted leases for new property acquisition and dispositions. • Assisted in developing workout strategies for problem properties December 2005: Florida Atlantic University Bachelors Degree of Business Administration December 2001: Palm Beach Community College • Associate of Arts Degree Skills: Proficient in all aspects of computers including detailed experience in the following software packages: Windows 2007 /XP, Microsoft Office 2007, Adobe Photoshop, Adobe In- Design, Adobe Illustrator, Adobe Acrobat, ARGUS, Crystal Reports, Tenant Pro (Property Management Software), QuickBooks, Proficient in Property Research over the Internet, Act Database, REA, Multiple Listing Service (MLS). References upon request 27 of 140 CITY OF BOYNTON BEACH ISTO :lC PRESERVATION AE HOC COMMITTEE APPL!CATI0 Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill out this form. Please print or type all answers clearly. if instructions are not followed or the application is not filled out -- - in its entirety, the form will be returned for clarification. Name I C4 � lvw r^ sS Address /D $'. 1y . /9 7W X)9r G-7 City ,� ®y/s�T �v State iFL A Zip Code E -mail Address Current occupation, or, if retired, prior occupation RE IR -CD S,Wee -CC/ iyar*7 5 44V; -- , How long did you work at this occupation? I /,I ,y " ReX',W AM6' ^APB; BAG Alra4w.. &.4 AoAs - Re 54*4o (�da.++70y®7, Please indicate your area of expertise, experience and/or education: M AW�►e9 f S& P-ml AW rAM7" :eAYRS' 0' � Ts Sfi �c�i 9 �ow►�7y /q.SSD /ra , ,400ve do I P * *7* .0eA7- - /*0,;r .�n,� �� %e DoT �'a , c� ��t �r� ?. nee � rA Ab yts. Do you reside within the Boynton Beach city limits? X Yes C No Do you own /manage a business within the Boynton Beach city limits? (- Yes No If "yes ", name of business: Have you ever served on a City of Boynton Beach Advisory Board? C Yes No If "yes ", what board? What dates did you serve on the board? Please list any professional memberships: You may attach your most current resume to this app Completed applications can be sent to City of Boynton Beach CITY CLERK'S OFFICE 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E -mail to: prainitoj @bbfl.us ication 2 28 of 140 Clifford Mmntross y�����f8 Boynton Beach, FL 33426 Tole:/f/561V369~3650, C(561) 230-9107 EDUCATION: High Schoo attended Rutgers University ' Rutgers University Courses in Gover Operation a. Tax Course b� Fundamentals uf Planning and Zoning o� Zoning Administration d� Legal Aspects of Planning and Zoning e. New Jersey Land Use Law CLUB AND Mlr. AFFILIATION: Commander American Legion Post #2Q3 ............... (member —5Oyears) Zoning Administrator —VYanen.NJ ........ ..................... Member Planning Board of Warren, NJ........................ ChairmanCmmpaignCmnmdbae —Rspublican — -- -- Vice President TownshipRepubhoonC|ub— -- ---- CuuntyRepubicanExeuutiveCommittenman ----- Member&TnaaaunerTownnhipBoardofHealth --- — Elected -- Township Committee (i.e., Commissioner) ....... —' 13yearo — 13 years —' 2ymar —' 3yeor —. 20 year —' Oyear —' 5yomm SOMERSET COUNTY SHERIFF'S DEPARTMENT ... ................ 15YEARS Title: Jury Manager —5years Duties consisted of: ` a. Plan, Implement and Manage — New Jury Management Departmen b. Supervise all phases of Jury related activities, Questionnaires, Summoning, movement in courts, payment for service and all record ~ keeping and reports. Title: Super — Bureau of Identification -3year Duties consisted of: a, Supervise and Management of Identification Bureau b. Plan and Implement Computerization of Department o. Re-organize and expand; Crime Scene and Investigation Unit to implement the needs of all Municipal Police Departments inCounty d, Organize and Implement County Child Finger Printing Program. 29 of 140 Title, Undarshoriff-7 year Duties consisted of: a. Supervision and Management ofCounty Sheriff's Department b. Court related activities o. Supervision and control ofprisoners d, Movement and maintenance ofprisoners e. All other responsibilities assigned by New Jersey statues orthe courts NEW JERSEY BELL COMPANY . .............. ....... 2O YEARS (retireo TitleCommercia|Repreaentative-3yeers Title: Framemen-1Uyear Duties consisted of: a. Wiring of central office telephone equipment. Title: Installer —5years - Duties included: a. Installation, moving, and repairing nf telephone equ at customer locations, both in the private and inbusinesses. Ti0e� Lineman —Zyears Duties included a. Splicing, outside construction of telephone poles, cables and associated equipment. MEM ZONING OFFICER — WARREN TOWNSHIP — PART TIME ....... ... 13YEARS Duties included: a. Enforcement of zoning or and the enforcemen ofother township ordinances and Codes as assigned 0omeby the Mayor and the governing body, also supervision and management of applications and permits in the Building Department. b. Other ordinances that were enforced; codes governing inoperable vehicles, nuisances codes, occupancy permit codes, site plan ordinances which included the review and supervision of construction oncommercial, professional and industrial buildings. CONSTRUCTION (CARPENTER) 6YEARS —'— ' — �'----'�--- e. Building ofresidential homes b. Remolding of residential homes. MILITARY ' - Duties consisted of patrol and enforcement of laws in connection with the Uniform Military Code of Justice. CM/tm 09/09 30 of 140 CITY OF BOYNTON BEACH HISTORIC PRESERVATION AD HOC COMMITTEE APPLICATION Thank you for your interest in serving on the City's Historic Preservation Ad Hoc Committee and for taking the time to fill out this form. Please print or type all answers clearly. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name Juan J. Waite Address 7436 Maple Ridge Trail City Boynton Beach State FL Zip Code 33437 E -mail Address jwalte @lycos.com Current occupation, or, if retired, prior occupation liournalist (Reporter, editor) -- Now retired How long did you work at this occupation? 39 years Please indicate your area of expertise, experience and /or education: Jounalism, political science, history, College education. Four -year degree in journalism (Bachelor of Journalism) Languages (completely fluent in English, Spanish and German) Do you reside within the Boynton Beach city limits? (: Yes No i 6U" i a Do you own /manage a business within the Boynton Beach city limits? C' Yes No If "yes ", name of business: Have you ever served on a City of Boynton Beach Advisory Board? (- Yes t: No If "yes ", what board? What dates did you serve on the board? 1, Please list any professional memberships: /pile an active journalist was member of the Society of Professional Journalists (SPJ) and the National Assoc8lion,cfr ispanic Journalists (NAHJ) G'3 " You may attach your most current resume to this application *- Completed applications can be sent to: City of Boynton Beacha CITY CLERK'S OFFICE cn 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E -mail to: prainitoj @bbfl.us 2 31 of 140 Page 1 of 1 Prainito, .Janet From: Juan Waite Dwalte @lycos.com] Sent: Friday, September 11, 2009 11:42 AM To: Prainito, Janet Subject: Historic Preservation Attachments: Historic_ Preservation_ Ad_Hoc_Committee_Application.pdf Regards, Juan J. Waite (561- 733 -3944) Juan J. Walte jwalte car lycos.com "Those who cannot remember the past are condemned to repeat it." (George 5antayana) 9/14/2009 32 of 140 6. A CONSENT AGENDA May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting held on April 20, 2010. EXPLANATION OF REQUEST: The City Commission met on April 20, 2010 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A ALTERNATIVES: N/A 33 of 140 M-V CONSENT AGENDA May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10 -048 -Approve notification to FDOT of the City's interest in exercising its' right of first refusal for the acquisition of FDOT's surplus property known as Galaxy Way. EXPLANATION OF REQUEST: The City Commission approved a tri -party Interlocal Agreement for the exchange of lands between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School at their January 19, 2010 City Commission meeting. Unknown at that time was a strip of land owned by the Florida Department of Transportation (FDOT) that Galaxy Way, which services local residential parcels, city -owned recreation and park parcels and the Palm Beach County School District, was a state roadway and not a City street. In discussions with the FDOT, they have identified the procedure for the City to obtain declared surplus property. When the surplus property is located in a local municipality, the City must be given the right of first refusal to acquire the property. The approval of the proposed Resolution is the first step to be taken in notifying the FDOT of its interest in exercising its right of first refusal to acquire the property as noted in Exhibit "A" (attached). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Satisfaction of the tri -party Interlocal Agreement noted above cannot be achieved without the City's ownership of the parcel of land specified in the Resolution. FISCAL IMPACT: The terms of the tri -party Interlocal Agreement could be compromised. Staff does not believe FDOT will require compensation for this land. 34 of 140 ALTERNATIVES: Leave the land known as Galaxy Way in the ownership of the FDOT, who is not a part of the tri -party Interlocal Agreement noted above. 35 of 140 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORING THE MAYOR TO REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO CONVEY SURPLUS PROPERTY TO THE CITY OF BOYNTON BEACH TO BE UTLIZED FOR THE PUBLIC PURPOSE OF PROVIDING ACCESS (INGRESS - EGRESS) TO ADJACENT PUBLIC PROPERTIES, SUCH PROPERTY BEING IDENTIFIED IN THE LEGAL DESCRIPTION AND SKETCH ATTACHED TO THIS RESOLUTION LABELED AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the FDOT acquires properties for transportation facilities for the citizens of the State of Florida; and WHEREAS, the FDOT is permitted by law to convey real property that FDOT no longer needs and determines to be surplus to other public entities to further the public needs of the State of Florida; and WHEREAS, the City of Boynton Beach can utilize FDOT's surplus property described on the attached Exhibit "A" for ingress- egress access to adjacent public properties including the Palm Beach County School Board, the City's recreation and park areas and the public improvements thereto; and WHEREAS, it is in the best interest of the citizens of the State of Florida to gain the most benefit from properties acquired with public funds; and WHEREAS, the City of Boynton Beach is requesting that the FDOT convey to the City of Boynton Beach the surplus property described on the attached Exhibit "A "; and WHEREAS, the surplus property is sought for the access previously stated and the necessary improvements required thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing "WI-1EREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. 36 of 140 Section 2: THE City of Boynton Beach requests the FDOT to convey title to the surplus property described on the attached Exhibit "A" t the City of Boynton Beach pursuant to Section 337.25(4)(h), Florida Statutes. Section 3: The surplus property to be conveyed to the City of Boynton Beach by FDOT will be used for the public purpose of ingress- egress access to adjacent public properties including the Palm beach County School Board and the City's recreation and park areas and the public improvements thereto. Section 4: Upon adoption of this Resolution, the City of Boynton Beach shall forward an executed copy to this Resolution to Susan, Day, Florida Department of Transportation, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309 -3421, for further handling. Section 5: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS DAY OF 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman ATTEST: Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) 37 of 140 38of140 EXHIBIT "A" LEGAL. DESCRIPTION FOR GALAXY `SAY Extracted from FDOT "Order of Taking' pursuant to Civil Action No. 73 -1745 CA (L) 01, Judge Robert S. Hewitt, dated October 12, 1973. Palm. Beach County, Florida O.R.B. 2226, Page 1037 Parcel 325 -B (Second Part) Right -of -Way Take A 35 feet wide strip of land in SW ', of Section 21, Township 45 South, Range 43 East. in Palm Beach County, Florida, lying Southerly and Easterly of the following described Erie: COMMENCE at the Southwest Corner of said Section 21; thence run S. 89'47' 31" $., along the South line of Section2l, a distance of 1, 323.18 feet; thence N. 01° 27' 12" W., a distance of 655.78 feet to the Southeast corner of RIDGEWOOD MANOR, according to the plat as recorded in Plat Book 24, Page 175 of the Palm Beach county Public Records and the BEGINNING of the herein described line; thence run Westerly along the South line of said RIDGEWOOD MANOR record plat, a distance of 331.56 feet to the Southwest corner of said plat; thence Southerly along the Easterly boundary of Board of Public Instruction property, a distance of 465 feet to the END of the herein described line. AND That part of the SW '/q of said Section 21 included in the external area formed by a 50- foot radius arc concave Southeasterly, tangent to the East line and tangent to the South line of the aforedescribed 35 feet strip of land. CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION JAN. 2010 GALAXY' WAY PER FDG'T PG. * OF 39 of 140 40 of 140 6. C CONSENT AGENDA May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10 -049 -Approve Amendment #3 of the Interlocal Agreement with the CRA, regarding the cost- sharing of funding improvements along SE 4 h Street improvements. EXPLANATION OF REQUEST: On February 7, 2006, the City and the CRA entered into an interlocal agreement regarding the funding of utility and surface improvements along SE 4 th Street from SE 12 Avenue to Ocean Avenue. Subsequently, both parties agreed to amendments to that original agreement due to changes in scope, cost estimates, and the availability of grant funding. The project is now substantially completed, and the actual costs for construction, and the eligible costs for grants, are now available. Based on those costs, and the estimated expenses for finalizing this project, the CRA and City staff have been able to determine the costs and expenses to each agency with much greater accuracy, and we are now able to determine "not -to- exceed" values for each. The percentage cost sharing for each entity is calculated as a percentage, based upon the cost estimates agreed upon in amendment #2. Based upon a total project construction cost of $2,878,071, and total grant funding of $1,114,268, the net cost to each entity is: City: $1,327,123.12 CRA $436,679.81 These values do not include the cost - sharing that was previously completed for engineering design. (Please see scenario 2 on the attached spreadsheet, for the method of calculating these values). 41 of 140 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? From the City's perspective, the cost - sharing effected with the CRA, and the use of grant funding allows more of the Utilities CIP to be devoted to other projects on the priority list. FISCAL IMPACT: As stated above, from the Utilities CIP account ALTERNATIVES: Reject or re- negotiate this amendment regarding cost sharing. 42 of 140 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4 TH STREET AND REFLECT THE REVISED CRA COST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2006, the City and CRA entered into an Interlocal Agreement for the purpose of sharing the costs of various improvements along SE 4 th Street corridor from Southeast 2" d Avenue to Southeast 12 Avenue which improvements are located within the boundaries of the CRA; and WHEREAS, on the City and CRA have subsequently entered into Amendment No 1 and No. 2 to the Interlocal Agreement; and WHEREAS, since the project is substantially complete the CRA and City Staff have been able to determine the costs and expenses to each agency with greater accuracy and are now able to determine the "not -to- exceed" values for each; 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 Amendment No. 3 to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency regarding the cost- sharing of funding improvements along Southeast 4 th Street. 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 43 of 140 and authorize the City Manager to execute Amendment No. 3 to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the cost- sharing of funding improvements along Southeast 4 th Street, a copy of said Amendment is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman S:'C A `,RESO, greements`,Reso - ILA with CRa SE 4TH STREETamendment No 3.doc 44 of 140 THIRD AMENDMENT TO I'NTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO PROVIDE FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4 STREET WHEREAS, the Boynton Beach Community Redevelopment Agency ( "CRA ") and the City of Boynton Beach ( "City ") entered into Interlocal Agreement dated February 7, 2046 for the purpose of sharing costs of various improvements along SE 4 Street corridor from Southeast 2 " Avenue to Southeast 12 Avenue which improvements are located within the boundaries of the CRA ( "4 Street Project "); and WHEREAS, the CRA and City entered into Amendment No. 1 to the Interlocal Agreement dated December 9, 2008; and WHEREAS, the CRA and the City entered into Amendment No. 2 to the Interlocal Agreement dated March 9, 2009; and WHEREAS, the City has provided the CRA with a Cost Allocation schedule (attached). The Cost Allocation schedule outlines the Actual Bid Pricing as of March 1, 2010 for the 4 Street Project including change orders and engineering costs for a Total Project Cost of $2,878,071.37; and WHEREAS, the actual and potential grant funding is $1,114,268. The CRA procured a grant from Palm Beach County in the amount of $300,000 which was assigned to the City; and WHEREAS, the CRA and the City have discussed and agreed to additional amendments to the Interlocal Agreement as hereinafter set forth. NOW THEREFORE, in exchange for the mutual covenants and obligations set forth herein, the CRA and the City agree to the following modifications of the Interlocal Agreement: 1. The revised net construction cost, minus available grant funding, is $1,763,802.93. 2. The percentage of cost allocation based on Amendments No. 1 and 2 is 24.76% for the CRA and 75.24% for the City. 3. The net cost to the CRA, minus grant funds shall not exceed $436,679.81 as outlined on the attached Cost Allocation schedule. 4. The CRA shall not be responsible for payment of funds in excess $436,679.81 in the event that the City does not successfully draw down the approved grant funding from any of the grant sources for the project Approved by the CRA Board: 13 day of April, 2010. Approveq -by the City Commission: Lisa B ight, Executive Dire or Boynton Beach Communit Redevelopment Agency day of April, 2010 Kurt Bressner, City Manager City of Boynton Beach HA1990'000182.1313�AGMMrd Anjondment to ILA - 41h Street.doc T: \PLANNING \SE 4th Streetscape \3rd Amendment to ILA - 4th Street as reviewed by Cherot 4.8.10.doc 45 of 140 SE 4TH STREET IMPROVEMENTS CITY& CRA COST ALLOCATION FROM DECEM ER M$ AIIEND.W (ESTIMATE) TOW CRA6 cent CRA MARE CITY SHARE CITY Base �s# 4,760,01CO 1,123,003.07 3,7180.00 4,841X HO AdSt al p4I 90,00M 0,00.07 11000.07 5,O OHO 1X3.00100 3,878,832.07 5,14102 Pero= *- 24.71% 7514* ACTUAL NO PRICK0 -AS OF 511110 Bas W 2,241,881.70 Cho Wars pored 174,780.00 Sub'�ata1 • oaksl u n 2,418,041.70 Ergjneed g M-, 491,4187 TWIPra,�dOV 2,878.071.37 `Assurra+ss Goy res��es � q�4 SCENARIO 2.ORANTS 5UBTRACTED BEFORE SPLIT SCENARIO 1- GRANTS SUBTRACTED AFTER SPLIT CRA m CAA CITY TOeft9edslimeton brAxa3t Wq Mwx!><182 1,273,007.00 3,898, 12.00 Fered-Ve based that ne based upm x". t S 2 24.76% 7514°% Actual cost bated tW Nei mt for tad pariSr' percenlapsinartaendmts 712,598.80 2,165,522.57 Knus PokU Gratd Fads 30,007.0 $14,18$.44 NelwstforembpaV 412,598.80 1,351,259.13 `Assurra+ss Goy res��es � q�4 SCENARIO 2.ORANTS 5UBTRACTED BEFORE SPLIT CRA m TOW Ccr homcog 2,878,071.37 brAxa3t Wq 1,114 8 S 1,793, &72.43 ne based upm krerd.132 24.75 75.14% Nei mt for tad pariSr' $43661911 $13271251 T:TLANNINGISE 4th Slreetscapel3rd Amendment to ILA - 4th Street as reviewed by Cherof 4.8.10.doc 46 of 140 SE 4TH STREET IMPOVEMENTS CITY & CRA COST ALLOCATION FROM DECEMBER 2008 AMENDMENT (ESTIMATE) Total CRA & cost CRA SHARE CITY SHARE CITY Base cost 4,750,952.00 1,123,000.00 3,718,802.00 4,841,802.00 Additional cost 300,000.00 150,000.00 150,000.00 5,050,952.00 1,273,000.00 3,868,802.00 5,141,802.00 Percentage 24.76% 75.24% ACTUAL BID PRICING - AS OF 3/1/10 Base bid 2,241,861.70 Change orders approved 174,780.00 Subtotal - construction 2,416,641.70 Engineering costs 461,429.67 Total Project cost 2,878,071.37 SCENARIO 1- GRANTS SUBTRACTED AFTER SPLIT CRA CITY Total estimated share from Amend # 1 & Percentage based upon Amend. 1 & 2 1,273,000.00 3,868,802.00 24.76% 75.24% Actual cost based upon percentages in amendments minus Potential Grant Funds Net cost for each party* 712,548.80 2,165,522.57 300,000.00 814,268.44 412,548.80 1,351,254.13 kAssumes City receives all grant funding SCENARIO 2 - GRANTS SUBTRACTED BEFORE SPLIT CRA CITY Total Construction Cost 2,878,071.37 Minus total grant funding 1,114,268 Subtotal 1,763,802.93 Percentage based upon Amend. 1 & 2 24.76% 75.24% Net cost for each party $436 $1 47 of 140 C:�11] CONSENT AGENDA May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/4/2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ® I CONSENT AGENDA ® I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION PROPOSED RESOLUTION NO. R10 -050 -Approve request from Clear Wireless, LLC to allow for ground equipment and co- location on the existing telecommunications tower at the Public Works Compound (222 NE 9th Avenue). EXPLANATION OF REQUEST Property has been leased from the City by Sprint Spectrum since August of 1996 for a telecommunications tower (Resolution R96 -81). The original lease agreement for the site requires written consent from the City for additional tenants (co- locators) and their changes to the site, including additional ground equipment, but does not allow for an increase in the ground lease in connection with the added co- locators. Clear Wireless, a broadband internet service provider of high -speed 4G WIMAX, proposes to co- locate at 115 feet on the 150 foot tower and is offering a one- time payment of $1,500 to the City. Clear Wireless would be the 6th carrier /user on the tower which is designed for 130 mph windloads. A structural integrity report by a registered engineer concludes the existing tower can accommodate the proposed Clear Wireless antennas without structural modifications. The proposed Clear Wireless co- location will be contained within the existing fenced tower lease area and will comply with required setbacks. If approved, Clear Wireless would then pursue a minor site plan modification and all necessary building permits for the co- location. Staff recommends that this request be approved thereby allowing the co- location within the existing lease parcel to accommodate Clear Wireless equipment, and avoid the current need for an additional tower in the immediate area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Public Works compound is in a residential area in the Heart of Boynton Redevelopment Area, and the City may possibly relocate the public works facility in the future in connection with redevelopment activity involving the sale of the property. The ground lease currently only requires the tenant to 48 of 140 vacate the premises when the property is sold under a condemnation scenario with just compensation. As for renewable periods of the current lease, the 5 -year terms of the existing lease are renewable in 2012 and 2017, and the lease is set to expire in 2022. The renewal terms of the original lease would still apply following the Clear Wireless co- location. The original lease provides standard language for termination by tenant (section 7), and as indicated above, it also includes additional provisions for sale of the property by the City (section 17). Legal staff has determined that the existing language of the lease (section 17) sufficiently addresses any future sale of the property. In order to attain any further provisions regarding removal of the tower in a redevelopment scenario, the contract would have to be renegotiated, and contingent upon a successful outcome. Staff recommends that if additional provisions /clauses are desirable to support such future removal or relocation and redevelopment, the City enter into the necessary negotiations on the next renewal date that occurs in the Year 2012. FISCAL IMPACT: $1,500 payment to City. ALTERNATIVES: None. 49 of 140 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A REQUEST FROM CLEAR WIRELESS, LLC., TO CO- LOCATE ON THE EXISTING TELECOMMUNICATIONS TOWER AT THE PUBLIC WORKS COMPOUND LOCATED AT 222 NE 9 TH AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the property has been leased by Sprint Spectrum since 1996 for a telecommunications tower; and WHEREAS, Clear Wireless, LLC., has requested that it be permitted to co- locate on the subject telecommunication tower and site; and WHEREAS, The original Lease Agreement requires that the City consent, in writing, to any request for collocation; and WHEREAS, collocation is encouraged to prevent the proliferation of telecommunications towers in the City of Boynton Beach; and WHEREAS, the proposed co- location will be contained within the existing fenced tower lease area and will comply with all required setbacks; and WHEREAS, staff has reviewed the request for collocation and recommends that the City consent to the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize execution of the request for collocation between the City of Boynton Beach and Clear Wireless, LLC., consenting to collocating on the telecommunications tower located at 222 N.E. 9th Avenue, Boynton Beach. Section 3. This Resolution shall take effect immediately upon passage. 50 of 140 PASSED AND ADOPTED this day of May, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) S:'CA RESO , greements,Reso - Clear Fireless Co- locate - telecommunications.doc 51 of 140 rwire April 12th, 2010 City of Boynton Beach Commission 100 E Boynton Beach Blvd Boynton Beach, FL 33435 RE: Request for City Consent to co-locate at 222 NE 9 Avenue Boynton Public Works - Clearwire FL-MIA6061 -Crown Castle 878211 Clearwire is hereby requesting City consent for Clearwire to co-locate on the existing telecommunication tower located Boynton Public Works 222 NE 9 t' Avenue. The original lease agreement for the site requires written consent from the City for additional tenants (co- locators), including additional ground equipment. The subject property has been teased from the City by Sprint Spectrum since August of 1996 for a telecommunications tower (Resolution R96-81)- Clear Wireless is proposing to co-locate at 115 feet on the 150 foot tower, and will be the 6th carrier/user on the tower which is designed for Exposure C windloads. A structural integrity report by a registered engineer concludes the existing tower can accommodate the proposed Clear Wireless antennas without structural modifications. The proposed Clear Wireless co-location will be contained within the existing fenced tower lease area and will comply with required setbacks. Clear Wireless is seeking approval thereby allowing the co-location within the existing lease parcel to accommodate Clear Wireless equipment, and avoid the current need for an additional tower in the immediate area. Clear Wireless agrees to provide The City of Boynton Beach with a one-time payment of $1,500.00 due prior to final inspection of the co-location improvements. Please contact Brian Plewinski at 954-583-9990 if any additional information is required Thank you, Murray Strauss Network Deployment Market Manager Clearwire'Femplate 8-4" 52 of 140 53 of 140 IN CONSIDERATION OF Ten ($10.00) Dollars, in hand paid by TENANT to CITY, as well as the mutual covenants hereinafter exchanged, the parties agree as follows: Secti J, : REAL PROPERTY TO BE LEASED 1.01 CITY shall lease to TENANT that certain afcet of real p Property; sitiseted in Boynton Beach Palm Beach County, Florida, together with a nonexclusive easement for ingress and egress, seven (7) days a week, twenty -four (24) hours a day, on foot or motor vehicles, including trucks, and for installation and maintenance of utility wires, cables,'conduits and pipes over, under or along twenty (2(y) foot wide easement extending from nearest public right- of-way (more particularly described in Exhibit A), which isN. E_ 9th Avenue, to the leased property and right-d- way for access are hereinafter referred to as the `Property. The said Properly is located at 222 N.E. 9th Avenue in the C of Boynton oynton Beach. Section 2. . DUTIES AND RESPONSIBILITIES OF TENANT .2.01 TENANT shall use the Propertyfor the purpose of constructing, . mei6taining and operating a telecommunications tower and uses incidental thereto, consisting of a structure or structures, as necessary now or in the future, to house its telecommunications equipment, freestanding antenna support structure (pole), not to exceed 950' (one hundred fifty feet) to meet TENNANT's telernunicalions needs -anti all necessary connecting appurtenances. TENANT upon the approval of CITY may modify its antenna support structure and building(s), said approval shall not be unreasonably withheld:by CITY. 2.02. TENANT shall place around the perimeter of the Property a security fence of chain4ink construction, or similar tit comparable construction, which meets the requirements of the Code of the City of Boynton Beach 2.03 TENANT shall be responsible for soil borings and similar tests which nnay . be required as a condition of construction and for all expenses related to its improvements which may thereafter the constructed upon Property. 2.04 . TENANT shall maintain the Property in a reasonable'bondition an m'set all requirements imposed by ordinances of the City of Boynton Beach and Palm Beach County, Florida . 2:05 The CRY also reserves the rigt's to at anytime during the lease, install or have installed other antennas for governwriennt usage on TENANTs tower. All antennas shall be placed at an elevation as to provide the mod effective use and with such approval not unreasonably withheIxt provided, however, the CITY'S or other antennas shall not- interfere with TENANT'S operations on the Property. Should TENANT install an emergency generator on the Property. the CITY may access and connect only its 54 of 140 communications equipment to TENANT'S emergency generator. 2.06 TENANT shall furnish, to its unrnanned equipment structure, electric or teleph a service for the operation of TENANT's telecommunications equipment. TENANT shall be solely liable for electricity expenies relating to its instatfation- . equipment. TENANrs electricafservice shall be separately metered, and TEI AIVT shall be responsible for as costs associated rir h metering, including the cost of installing any meter. !f TENANT should install any emergency generators at this Property, said generator shall comply with Palm Beach County's Wellfield Protediort Ordinance. 207 TENANT shaU subdg all e9quired applications for permits to the applicable CITY ardlor County departments for review and approval and required fees. Z.Ot3 .TENANTV' I be responsible for making any necessary returns for and . Paying any and all property taxes separately levied or assessed against its .. improvements on the Property_ TENANT shall reimburse CITY, as additional rent, its Proportionate share of any increase irk real estate taxes levied against the Property in : excess the taxes due for the 1996 real estate taxes on the real Property in which the Pro -is a part and against TENANT's improvements the taxing n9 authorities. 2.09 TENANT, upoil termination of this Agreement, shall, within a reasonable. - pelriod remove its personal property and fixtures and restore the praperfy.to its original condition, reasonable wear and tear excepted. At CITY's option, when this Agreement is terminated and upon CITY's advance written notice to TENANT, TENANT well is :. the foundation, the tower structure and security fence, to become property of CITY TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro rata basis, if based upon a longer payment term, until such time as the removal of personal Property and fixtures are ooinpleted. 210 TENANT shalE keep lks Property roperty free from any liens arising out of any . work performed. materials furnished, or obligations incurred by or for TENANT_ TENANT shall, within twenty (20) days following the imposition of any such lien, Cause the same to be released of record by payment or Posting of a proper bond. No work which CITY permits TENANT to perform on the Property shall be deemed to be for the _ Use and benefit'of CITY so that no mechanics or other lien shall be allowed. $gains# the` . estate of CITY by reason of its consent to such work CITY shall have the right to Post _ notices that it is not responsible for payment for any such work- 2A 1 CITY h&.. . ereby grants TENANT as a primary inducement to the TENANT s entering into this Agreement, the first priority right to install its - antennas and operate its :. . telSCotnMunications tower at the Property. From time to time CiTY may grand to itself and to other entities the right to operate telecommunications facilities at the Property anftr the right to install antennas in connection with the operation of such facilities or other communications facilities, provided, However that CITY shall not aflow the 55 of 140 operation of such tac€lities and antennas by other tenants to in #erfere with the operation of TENANT's antennas and equipnvnt as it exists at the time of such other tenari's installation or as it may be modified at any time during the term of this Agreement, as the may be extended. if a such interference occurs, CITY agrees to eliminate, V the� any such equipment is operated by the City, or cause. the eermination o#, if such equipment is operated - by a third party, such interference with TENANT -a operations Within a reasonable time after receipt of TENANTS notice of such interference - arid, if necessary, to cause the interfering party to cease its operations. N such interference continues for more than thirty (3b) days after TENANT's notice to CfTy with respect to such interference, then TENANT shall have the right, in addition to its right to pursue any ar all remedies available to K at law or in equity, to immediately terminate this Agreement by giving written notice to CITY of such termination. The CITY hereby also agrees that the TENANT has no obligation or requirements to upgrade or modify the Tower to facilitate the use of the Tower for other entities which the CITY may authorize. Any or all costs associated therewith, shall be borne by parties other than the TENANT: 2.12 CITY hereby agrees that, lf because of TENANT's operations on the PropedY any laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental agency require or recommend that TENANT's antennas andlor the Tower be fit andlor marlted, TENANT may install and maintain such #ghting and markings. In no event, however, shall TE be responsible for the installation or maintenance of. any lighting or markings required by the. operations of CITY or arty other tenant . in the Tower. CITY will pemutTENANT access to all portions of the Tower that TENANT may need hi order to check and replace such required or recommended lighting or marking. Section 3. : DUTIES AND RESPONSIB)LtT #ES OF CITY 3.01 City shall cooperate with TENANT in its effor# to obtain certificates, permits and other approvals that may be required by any federal, state or County authorities. 3.02 CITY shal€ grant TENANT the right to survey said property in order tD Meet requirements to submit the applications for permits. - 3 -03 Cff'Y shall cooperate with TENANT -in its effort to.abfaj6 t�ti7rty services along said right -of -way, including signing such documents of easements as may be required by any public utihty is unable to use the right-of-way, the CITY hereby agrees to grant an additional right -of -way, either to the TENANT or to public utility, at no cost to the TENANT. Section d. ACKNOWLED6MENT 4.01 CiTY and TEAIANT acknow#edge that TENANT'S ability to the 56 of 140 Property is contingent upon TENANT obtaining, after the execution of this Agreement, ail the certificates, permits and other approvals that are required by any federal, state andlor local authorities_ to the event that any cwtlffcate , permit or approval issued to . TENAI f is canceled, expires, lapses or is otherwise withdrawn or terminated by a gov entpl .r Ahority, so that TENANT is unable'to use said real property for its Intended puiposms, TENANT shall have the right to terminate this Agreement pursuant to Section 7.09. 4.02 Prlor to the submittal of the applicatiort for the required building permit, TENANT shall have the right to perform or caused to be performed and shalt have competed an assessmart of the Property and the adjacent areas in order to determine whether such are contarninated by hazardous substances or pollutants. If the assessment reveals the presence Of hazardous substances or pollutants beyond levels acceptable 16 TENANT and under applicable environmental laws, TENANT shall have . the right to terminate this Agreement pursuant to Section 7.01. 4.M CITY covenants that CITY has' good and sufficient title and interest tc the _ property and has full authority to enter into and execute this Agreement. CITY further covenants that there are no other liens, judgements or impediments of title on the Pro�eriy. SacWn 3. TERM OF AGREF_iN> NT. See Attached Addendum - Paragraph 2 -bent 5.02. TENANT shall have the option to extend this Agreement for four (4) additional Fire (5) year terms. Such extensions shall automatically occur unless TENANT gives written notice to the Other party of its intention not to extend this . Agreement at least six (6) months prior to the end of the current term. 5:03. It at time end Of the final ar extension Ye term this Agreement has not been termmvnated by TENANT giving to the other party written notice of its intention to termite at least six (6) months prior to the and of the terra, this Agreement shall ierr�ain in foiice and:etfect wort the.sarne terms and conditions - ' The Agreement shall belior w n W s thereafter unless terminated by either party by iVing the other party written notice Of its intention to terminate at least six (6) months - prior to ft-end of the-term- Section 6. COMWEWION 6.01 ..See attached addendum . para�lrafiti 2 = Rent 6:01(a) Services Provided to the City_ 57 of 140 In. t b e v CH 1 ie C. t s . either STS, 0In ces, a cne, t cash ant 5,000, a ati of . IL'a - ` both cas s s, ling $7 n ge s us C a and 2 ed by t 6.02 Aftet :the initial term, each Aruwal Rent paYrnent shalt be submitted to ttie , CITY no later than thirty (30) calendar days afier the anniversary date of jhe Certfcate of Occupancy. Annual Rent payments shall incur a fate payment fee of 1.5% per month (19% per armum), calculated from the Certificate of Occupancy anniversary date, for any payment submitted to the CITY later than the date due. 6.03 See attached Aodendwri, Paragraph 3 CPI 6.04 . This is a net -net -net lease and TENANT shah pay all sales taxes, real estate taxes assessed against TENANTS property, utility charges, cast of maintenance, and all other charges and ei�►enses associated with the tenant's use of the demised premises of this Lease. Aectkm 7. TERMINATION 7.01 The TENANT may tef irate this Agreemerif by Providing a ten (1 0) calendar day written notice prior to the effective termination date. 7.02 Prior tb the end of each five (5) year term, TENANT may terminate this Agreement by providing wnttan notice to the CITY at least six (s ) months prior to the end of the current term. 7.03 Should TENAN default under of the terms of this - may terminate this Agreement for cause b providing s' Agreement, CITY Y F n9 a Qtly (60) stay written notice to TENANT; however, TENANT shall be given the opportunity to correct any default within thirty (30) calenc�far days of receipt of written notice. This Agreement shall not be terminated if such defauh is of a nature that it carrot be cured in thirty (30) calendar days and TENANT is diligently proceeding to cure such defect. 704 .. to the of termination of-this Agreement - by TENANT, all rental fees paid rpri6r to said tercrhlabDn date shall be retained CITY. by 7.05 Upon - termination; TENANT shall off$r CITY first option to purchase said . antenna Structure and certain remaining improvernents for the agreed upon sum of One Hundm -c! ($�I00.00). fJohars. CITY shah have ninety (90} calendar days # = the effective date or t6rrlli on fn to . exercise this . ion. Sectio18 INDEMNIFICATION �c � 13.01 General Midemn ation_ TENANT a grew to indeimify; save acid hold i 58 of 140 harmlass and defend CITY, its City Commission members, oftioers, agegts Arid employees, frixn.any and all claims, damages, fiability, losses, Causes of action of any nature whatsoever, which may arise out of, in connection with or become of the use and o upancy of the PmPedY by TENANT or its officers, agents. employees or indepe M TEAIAN7.. Pursu contractors under this Agreement or the breach of,this dement by - ant to its liapility. TENAHTf shall PaY�a! Gaims, losses, liens or settkunents or Iudgrnerris, of any nature v�#ratsoaver, in ' - connection therewith including but not Tsnited to, paralegal fees, attorney's fees and Costs to dafend all including attomeY;s fees on appeal, in the name of C)TYwhen � aims or suits, pltcabl claims shall Pay all Cost and judgments which may issue thereon at both the trial and appellate levels. Such indenvwmation shall not be limited to the 'amount of Om4wehensive general liability insurance which TENANT is required to obtain LWKW this . damnify strap not I cl aims Agreement. This indemnity Y �5+ rrts arising from an act of gross negligence DF . intentional misconduct of the indemnified party. 8:02 Nothing contained herein is intended nor shall be construed to waive CITY'S rights from immunities under the common law or Florida Statutes, 768.28, as amended from time to time. ARAM :9. INSURANCE 9,01 TENANT maintains a risk management Pro ani which Provides for c�oinprehenSiva general liability, property insurance and workers comi�ensatian I Verification of said program has . been subrnitled to the CITYS Risk isk Management Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of respect to limitations n Program having an effect upon the breadth of coverage with - variance with respect to limits of liability, if less than those indicated in the . program submitted to the CITY'S Risk Manager_ 9.02 UPON EXECUTION OF THIS AGREEAIII♦;NT By 3ENANT, THE BOYNTON BEACH SHALL BE NAMED AS AN ADDITIONAL CITY OF INSURED AS ITS INTEREST MAY APPEAR WETH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF TENANT UNDER THE AGREEMENT. Sect)ott iu .: ASSIGNMENT . 10. D1. This Agreemnt may not be sold, sue, assigned or transferred at any time except to TENANTs principal affiliates or subsidiaries or its principal, or to any company upon which TENANT is merged or consolidated. As to other Agreement may not be sold, subleased, ass parties, this igned or transferred without the written . consent of the CITY; such consent shall not be urueas nably withheld This provision will riot preclude TENANT from allowing other parties to co-locate on the Property to Tower, so long as this Agreement is in effect, the City to in wnlirrg, and the Co- located equipment does not interfere with existing equipment 59 of 140 60 of 140 61 of 140 62 of 140 63 of 140 64 of 140 ADLSENDUM TO PCS SITE A Site Naive: CITY OF_BOYNTON BEACH Site ID: MIA 9212 PUBLIC W4RXS COh+1POUND (222N.E. 9th Avenue, Boyrnon Beach FL 3342f) j , THIS ADDENI3UIVI modifies and amends'the PCS Site Agreement rtf'e; .to herein as follows': 1: Pwohal Property, Real Estate and IntarV - We Taxes: SSLP will pay all personal property and intangible taxes levied or assessed on the PCS system. SSL.P will pay any increase in Owner's real estate taxes directly attributable to the PCS installation_ 2. Rent_ Notwitlstaaft anything to the contrary contained herein, rent will commence on the Rent Start Date_ Rent: will be paid annually in advance on the Rent Start Date and on each anniversary of it_ The Rent Start Date shall be the earlier of (a) the date which is 30 slays after the issuance of a building permit for installation of the PCS, or (b) the first day of the month following commencement of physical preparation of the Site_ The annual rent will be $12,500 partial years to be pro- rated_ . 2.a ' Upon the. issuance of a Certificate of Occupancy by CITY for TEI3ANI's CoMmumeations Facility, TENANT shall in lien of making the payment of rent for the initial five year term as provided hereinabove, TENANT shall pay to CITY a one time hump swn payment of SEVENTY- FIVE THOUSAND AND ,N01100 ($75,000) DOLLARS. This hump sum payment shall constitute the advance rental :payment by 7ENANT for the initial five year lease term 3.: CPI The annual rent for each Renewal Term will be the annual rent in effect - for the final . year of the Initial Term or prior Renewal Term, as the case may be., increased by an amount based upon the aoraulative percent increase of the CPI (Consumer price Index - U.S. City Averages for Urban Wage Earners and Clerical Workers - 1982 -84 - 100, published by the United States Department of Labor_ Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the commencement of the Initial Term and the end of the Initial Term, or the commencement and end of the Renewal Tenn, as the rase may be, such increase not to exceed 20 percent in any case. 4. Addendum Cbntm -. In the event of a conflict betv"ee - PCS Site Agreement and this - Addendum, this Addendum shall control. 5: PCS � .. Agruinent Rema.6 in Effect All terms and conditions of the PCS SiteAgraem ent and Exhibits thereto which are not inconsistent herewith rrrmain in fool force and effect. CIT OWNER: Y OF BDYN 1'ON BEACH; FLORIDA SS/Tax o_ 59- 6000282 - _ - 100 East Boynton Beach B evard Boynton Beach, 13425 DATE 65 of 140 66 of 140 67 of 140 68 of 140 7. A BIDS AND PURCHASES OVER $100,000 May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ® BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Award "MICRO- SURFACING FORTY -FOUR (44) STREETS IN CITY OF BOYNTON BEACH" to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, Florida with a total proposed expenditure of $484,471.18 plus a 10 percent ( %) contingency in the amount $48,447.12 for a total project cost of $532,918.30. This includes both the micro - surfacing and the line restriping where deemed necessary. EXPLANATION OF REQUEST: Micro- surfacing a roadway is not the same as an asphaltic overlay roadway. Micro - surfacing is installed in two courses totaling 3/8" to 1/2" in total thickness after roadway crack - filling and pavement base repairs have been made. The composition of the material is emulsified asphalt, aggregate, latex polymers and Portland cement. Micro - surfacing is well suited for maintenance of low traffic volume roadways. Asphaltic resurfacing (overlay) is usually installed in one course, which covers imperfections of an existing roadway, but usually contains a mixture of recycled asphaltic product. Both resurfacings have a life cycle of approximately ten (10) years before further attention to the roadway is required. However, current costs are $3.07 per sq. yd. for the micro - surfacing and asphaltic re- surfacing current cost is approximately $6.40 per sq. yd. Thus, the City currently gets a greater benefit from the micro- surfacing approach than with the standard asphaltic overlay approach. The City has been utilizing the micro- surfacing installations since 1997, which has allowed the City to cover a greater number of street "resurfacing s" during any one fiscal year. For last year's proposal, Procurement Services opened only two proposals which were reviewed by the Department of Public Works /Engineering Division, to which only the lowest bidder (Florida Highway Products, Inc.) met all the specifications. For this fiscal year's contract, staff desires to piggy -back with the contract issued by the City of West Palm Beach, Florida to the same firm (Florida Highway Products, Inc.) for similar tasks and requirements. Amendment No. 1 to their contract with the City of West Palm Beach, Florida is attached for you perusal. 69 of 140 In general, the area of the city to be addressed is located in the southwest and southeast sections, south of Woolbright Road on both sides of Seacrest Boulevard. There are a few isolated streets that will be included in this coverage. Please refer to the attached map depicting locations to be addressed. Depending of observations as the work progresses, street substitutions may be required in a given area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this procedure is to utilize a contractor to micro- surface said forty -four (44) streets in the City which includes crack sealing and nit filling of existing streets where required for the most advantageous cost of the program. FISCAL IMPACT: The approved CIP budget for this project (CP0266) is $625,000 and is funded from Account Number 302 - 4905 - 580- 63 -08. ALTERNATIVES: This is an annual maintenance project that is on -going to maintain the streets within the City of Boynton Beach. Without this maintenance, our streets would deteriorate at an accelerated rate and would require more extensive repairs in the future. 70 of 140 Ftar[ida Hstxw v ow+s acts �nc- TO: George Mantel City of Boynton Reach Type of work: Micro surface Flnridl HMoiwayProitncts, Inc 1170 Cclebraticat 1 �hvd. Sic 101 Celeblalicn,FL 3:-747 407-506 42(-') .1-ax: 407-%6-42('l Date: 3!30(2910 Job Narne:Boyntor. Micro job Location Bcbcynton Beach Salcsperson: P. Carlis'e Project Nigr: P. Ca.. IN:p Est. Start Date: TBD If applicable, see attached Street list Item Vescriptinn Estimated Quantity Units Unit Price Extended Price Double Micro 119093 SY $ 3.07 $ 305,675.51 Crack.9eal 5,C00 C.,l $ 13.00 S 65,O00.100 Rut fill 225 Tn $ 200.00 $ 45,000.00 Striping 1 S 8,855.67 $ 8,355.57 S - S 3 - y - 8 - Subtotal Tutal Based on Est. Qty's $ 4.84,473., 1.8 $ 494,471.18 Thank you for considering Horida Highway Products, for your Pavement and Roadway Management nee Page 1 of 7 71 of 140 Q F" O U V wwn O U 0' m ID 0 ul U 0 0 ns °- {7 P 5 Z c0 02 LL. LL - Z) N lll 0 0 0 o 0 n ("2) n a o o 0 S h Q F 0 C7 €U J O x Q a [ V wwn 0 0 0 0 0 0 o 0 a S 0 0 0 0 N lll 0 0 0 o 0 n ("2) n a o o 0 o 0 n 0 o 0 r. 0 C. LL] o Q) c. LU O O O O O O L'. m g c C> LD CW 0 0 0 0 0 C7 O I t O. Q) Gg �J Fg EFi LV} 65 £q tR 6% t9 Eri 0 0 0 0 0 0 0 0 o 0 a 0 o 0 0 0 0 0 0 0 0 0 o 0 n ("2) n a o o 0 o 0 n 0 o 0 0 0 0 C. 0 0 o Q) O O O O O O O O Q g p C> LD CW 0 0 0 0 0 C7 O I t O. Q) Gg �J Fg EFi LV} 65 £q tR 6% t9 Eri ty 6'3 b ffli 64 � � b3 r b3 i b} 1 61), �'s A V� b9l S C' M. h. O} C1- N M R CO SO F q) (O � N � LCj 5[; O L` m (JD d c0 Cy- N C (0 K LO' r h. Lr) LO P` ca �D �. 6 o) e t " - 00 �- F m 00 10 N (O O O 00 CF rt 00 E m M II q- <t U) M Ch N LO � V) m (O Cn c0 ;e.- �7- N N N O N O N a N a N00 •03 O N a Cat a N C N F C\E n N n CV -0 N C1 N Cs N a? 9 m O O a a a O N -� � O O (`�7 L'7 t- W M L 7 A Cl) ' Q i R7 tl- r '0 00 O N N N t Cf) N- n 00 d 00 cO .C .� cO c 'n O N vat-- i L O N N fn N c° 5t N n ti -- Cti C� e v ELI U C7 co C�7 C!) .f/} N TLuWLu VJ to Cn CO I.11ilL t7' r11 G3 LLI C/j (!J W �1J m 00 Ln (p O r.. M "I- U N tl- Eo C C C CO N Cn 0 cn V3 0 co (!} C/] co {/J (J) Vj C7 C IO Cr3 CO CO Cn U) , CO `✓J co a s p) c) 00 Co z k. _� h 3 wwuww wwww w w w VJ C/J :VJ Cn 0') CO ICO 03 CO CO CO Cn W co - C/3 CIO C C7 (0 CIO co Cn 72 of 140 O N (D 0) ti EL a 0 o o 0 a o o a 0 o o o a a o o o 0 a 0 a 0 a 0 o 0 C.I. 0 0 0 0 0 0 o 0 a 0 o o 0 a 0 p 0 o o o p a o c? o(�000j0000000ci0000000 Cl, tiC cQQ) W h cS M Cb r. V tl- h. Co N N' f� co O C Q0 Lo a r�- <o D. r. n ;h M a O c a (Y) ch M (0� �-- `," � �. 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CD Cif m EO 4'3 '�--- cv C N (> C) rn rn O M N N � fbq U O 4 C) ZZ: CO ca U p CB S2 O CJ O N L] p C2 CL tt3 O O P T- Q� Q 74 of 140 75 of 140 C) O O g q q q q P7 CO 0 0 0 0 CO q q �b N to� 69 64 f�s CO �-,q f.9 e— Oa bs E4 co rt to (Do N fl- co co m '. CD tit) N t CO N M q CS) Ch q CFA N N to N (Z CO " e-- (n L3 f-G tG C5 C3 q q d C7 co O ;Zc C.0 CD co Q) Q O N C QZ IQ 75 of 140 76 of 140 O O C) O x 0 0 0 (O x 0 10 O O a a 00 O b C N a a 000er acfl<rc�� -oo<r 000co m0000t -aaa O (J o N O ai co O ui O © et o o O (D ui q 0) kp 64 a b4 i-. -�s CF 61 ). GS Cl) 6s EX). 54 rl_ N EF) CI° f19 N I! 0) 1 �11 r 4') +A [) N GO — Co s t9 co ''F .c) OD N Fes. Do R.) C+') CO LX) Lr) e0 - N f�. CO CO S"5 ( � t-- N c 00 N Cl) C� m CS) b 0� N N N e+ CO N M (ZI m m C) m (V N ti r C7 t- to N O Q) d- r- Cn LO '<- t- ;CJ v- CD N 'Q Q) t� U� Ga ar C9 bg 64 69 f9 64 c9 :f9 65 63 69 (A ty3 6 6 E9 01) 0 E-S fy) 6 09. 00 C t0 co Cs 00 C7 a CA a h CO O �) U (0 N LO a a <L CQ (C) US r CD CL) Vj 'co t- Q C(y CO UJ O w 1� O (y I I E (l) 76 of 140 0 0 0 0 0 g q 0 0 0 0 C O Q 0 0 Q. VJ 0 0 C) O Cb 0 0 ei- 0 0 t9 60 0 Li 0 0 Cj 0 0 O O cD O Q 41 'E�q bg N fA f-'s b f3 OD 6 fq m Eq 6g LO 6 9 69 EA � 0 'V' to Cp N I- co CO (n CD LO 'r- r e- E7 r LV C3 O Ef c �1 L C7 O C) n a ao oo °oor� 0 a m o o a� in CO cp an 0 U cz. E cc ti i LO ro 77 of 140 07127.0()4 city's ORIGINAL AMENDMENT NO. I TO THE ANNUAL MICR OSURFACING CONTRACT THIS AMENDMENT NO, 4 TO THE ANNUAL, MICROSURFACING CONTRACT ( "Amendmen, No. I ") is entered into by and between the CITY OF WEST PALM REACH (`City ") and FLORJDA HIGHWAY PRODUC'T'S, INC., ("Contractor "). RECITALS WHEREAS, the City entered into an Annual MicrosurfaeinO Contract, dated January 23 2009, with the Contractor far microsurfacing and paving of existing City roads, on as needed basis. in accordance with the Schedule of Bid Items/ Prices delineated in Exhibit "D" of the Contract; and WHEREAS, Section "3" of the Contract provides that the Contract shall commence from the date Of execution and may be renewed for two (2) additional one (1) year periods at the sole option of the City; and WHEREAS, the City desires to renew the Contract for an additional I year period ("Second Annual Term ") and also adjust the Schedule of Bid Items Prices of Exhibit "D" of the Contract pursuant to the Producer Price Index, subject to the ter nis and conditions contained herein, AGREEMENT In consideration of the foregoing recitals, the mutual covenants containers herein, and br other good and valuable consideration, the receipt and sufficiency of whiclr are hereby acknowledged, the City and Contractor hereby agree as follows: 4. Recitals The City and Contractor hereby acknowledge and agree tltat the recitals set forth it (his Amendment No. 1 are true and correct in their entirety. 2. Contract All references to "Contract" shall mean the terms and conditions contained in the ,Annual Microsurfacing Contract, dated January 23, 2009, as annended by this Amendmeni No. 1. 3. Terra. Pursuant to Section "3 ", the terns of the Contract is hereby renewed for the Second Annual Term, conimene,ing January 23, 204 0, and expiring Jarivary 22,,2011 Except as provided trader Section 4 of this Amendment No. 1, all terms and conditions shall remain the same as the original Contract. 4. Schedule of [aid Items — Exhibit D . Effective upon the full execution of this Amendment No. 1, Exhibit "4" the Schedule of Bid Items/ Prices of the Contract is deleted in its entirety and replaced with Exhibit ".1 consisting of a single page at ached hereto and incorporated herein by this reference. Florida 1Iignwav Prodocts, Inc. Annual .Microsurfacing Contract Anxt Nlo 1 0€202016 02117/2010 92:35:52 PM 78 of 140 a. Compensation The anticipated value of this Contract for the Second Anntra Term s tall not exceed the sum of Three Hundred 'Thousand and 001100 Dollars ($300,000.00), The City reserves the right to increase or decrease the anticipated value as necessary to meet actual requi rernerts. "The City does not guarantee any minimum amount of work, or the extent o f services required. It is understood and agreed that the City's obligation to pay under this Con'raet is contingent upon an annual appropriation for its purposes by the City Commission. 6. Effect of Amendment Except to the extent the Contract is modified by this Amendment No. 1, the terrns and provisions of the Contract shall remain unmodified and in full force and effect. 7. Construction in the event of a conflict between the teens of the Contract, as amended by this Amendment No. I, the terms of this Amendment No. I shall govern and prevail. IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 1 as of the elate and year written below. CITY OF WE' PALN11 BEACH .ATTEST: By City Clerk Lois J. Frankel, May(.) Dated: - - -g— J - / - z - . 201.0, I 1U i lE. 'l1 J`.Ag ceoeeae \Anic dtr'ti = rocucc Inc: h9iceosurtacing K- ; S 8- 08 -09 -U3- Amdl coc CITY ATTORNEY`S OFFICE Approved as [o torn and I ° <'aI s ffl racy Z Date:� FLORIDA HIGHWAY PRODUCTS, INC. By: L Poi ida Highway Produces, Inc. Annual Microsurfacing Contract Arid. lN'c. I 0 12020 10 0211712010 1235:52 PM 79 of 140 a" OF WEST PALM BEACH ANNUAL MIC1fOSURFACIN6 CONTRACT • PRICE CHANGE / PROPOSED AMENDMENT EM BIT ITEM# i D DESCRIPACM P ']Rlf"7YAL � 1 PROPOSED% P PROPOSED PROPOSED AMENDMENT ! i iSINGLE COUP. - ' MICRDE IJPFACJNR('. Rp6. <,9o35y 1 D D UaL E COURSE MIC RGSUgFAC7NG 1.63 3 U UGUULE COURSE M!(1tU5i 'RFAC7NG l5.a0d25,0005'"} Y Y 7,59 - -34.6% 3 3 (G, 521 S S 7.07 r O OGUBSE GOUk:,EMiGRG {OJER 25ou S'1) t t 7.59 - -14.6% E E 7057) E E J. G7_ 5 Q QQVRE COURSE MICROSURFA CUL -GE- SAC (J00 -Ko SY) 1 1 4.0:; . .ir.E96 S S (p. SEj S S 7.47 d C CRF(,x P.I.7NG (ipp -00GfL) � 16.0; - -1e.5% S S -- � � � • -• ... ECgA:':K F � _ ' S lfi. QQir.fi% i i 6 66 d. R NG - 1 734.04 - -78.6% 7 134. E3) ! - J 7 73B.P; - -iq.E% 3 3 d4 8i S S 334.16 MOT VAR'Ap[F MESSAGE aOAFO. FD67 STANOMIJ lPFR .DAY) 3 3 40. D:' - -fad% ! ! (5..W 7 7 74.I6 11 MDT- vAR:ABLf MESSAG 9UARD, FDUTSTANDARD'PER - AEEX) S S 26000 1 140% S S 06.5c) E E :f7.5D ' : AD.4'S7 WA7E "VALVE SD% Is 9 9906 I S 04,15) S _ j3 INS All4EW 'A'A7F.RVA( KE B OX(R.MG VE &LSf GS t OF EXJS TWG S S J000� 1 11 6 J J (43RD) Y Y 156.20 ' A 9E!S7F.R.SPNf. J J 54j 1 1:6 c3 -N 5% S _ S 5 +6.67: _ _ f !CO.D:' . .IA S% ! ,55 3?j S 1 997.8E -' 19 - [NST AL,L !J TrPE 'INf.1T TC'GRAOEd FRAMEIC G RA J E'(REMOVEd C�SP(iSE CFEXIST�NG' Y ...: r J '1<tl.Ert')E 1 1 d;q llC •E ";.K3P W?NTE ItIEIUdOPIA S rk' ,; 1 10.22) 1 1 !.5E 1 71 j8'SCt0 THER STPIP S S f. f; - -71 . 8% Y Y 1 09E - 1 `.5^ - -fd 5% S ' G 'SOLID egCL OW Twm 1. AS71C STR1PiNf 21 6'OWSLE''E THERMOPLASTIC STqmPING S S 2,3 L LIdd% S S l0 ]d J J 1.98 ......... . ......... - H.J% S S 09.)61 E E P.07 7 6 IV ]l if WMF ]71l RMG'PLAS TIC - -_- I 7r G![E VmE 7HERM0 $ $ d. ]: - -(d 5% S S (ll 69j S 68.37 77 S SPE - ; JAL ?AYf MFHi MfS$ALf'SCHCOL'r37�0; m mmil E% S S liil,[7) 77 . ' i i Won f f15% S S ,- il9 ]0 Y Y r7p,gpl .SPEClA!.rA'AEMENT MESSAGE'DIAMOND'N ' :S MIS_EI.L.W!'!!uS TF.'LHMUPLAS]fC fWlil7E/ -_m _ � - ..,) 1 1.25EI1.5% 3 3 10 J7i S S 1.92 I .15 MISCElEANEOE;S TNE RMCPUS'RL'(VELdON) f f 7.1p , ,fl i% 3 3 (OJ]) t t I.86 iMJSCf11NY GL'5Pk:NY (�UE,i b b 6.19 ,f4 5% 7 76) S S 0.98 3f 'fi'WHITE �'l"MPo RNlySTRM]NG PAIh'7 S S 1.55 • +r !6'WHl7Ei(MPoRhFY57RR'ING PNh'i (OVER 21:0 LFJ S S I.BS - -IC.d% J J (Q74) j j 1,(r• e =; ?6'K?lliE; EA 4PoRARY S',.R!PING PLASTIC *APE'140 -.00 to 1 1 R.'Fi - -lu% S S IQ.eI S S 756 e1 i6'L14 TF 'G PLASTIC TAPE lO VER 200:F ..._ i i 1.85 M MS% S S_ 60.42) t t 2.43. d'rfLLOvlfCMPORARYSI�iWth'G PAINTfS{N}783 LF) f f 7.00 - -Iq!% S S 10,29j J J - 6' YEiLOW TEAVORAR Ys- WG PPAbVifpVER7Q0 Y Y I.Ov f f1 5% S S _ S Q. aS __ 6'YELLG' +iTEMPORARYSTRIPk1G PLASTIC TAP 6! 47- 10i - LFJ 1 1 2D5 - -iq 5% S _ ( S 1.]i SuR.417rrEO er FLCRfOA kiGHYJAV rROf,!KY5, INC. 1170 CELE8RA "lON9LVD., YUITE iQ' CEIf A:YON -�i 317/7 R08 MAGG PRESIDENT O.4TF; APPROVED G� City OF NE97 PALM BEACH PROCUREMENT 01151CNI 40' CLEMATIS STREET, 5TI{ FLOOR WEST PALM REAC.-, FL 3340f NCRk W LAUDERMILI(, i.PP6 PRGCLREME,NTOFFlCIW 02/17/2010 12:35:52 PM 80 of 140 a SMALL BUSINESS REC REPORT Tel: 561 - 822 -2100 Fax: 561- 822 -9664 lnstruuiaus; Please wn�plele this form when a companyPFrm is being recommended l0r art award of contract, or contract amendment or change order. Depadmeel Directc andlor heir designees are responsible for the completion of this form. Complete this form by completing section Sect I and Section 11 for contract award, Sections III for rt•ntract change orders and amendments that effect small business participation . Please scbmil this fo•m to the P•ocurement Division, User Department Sealed Sid, ITB or RAP Title: Sealed Sid, tTB or RFP Number. Recommended ConlractorlVendor Is the recommended company a oert f;ed SB? Prepared By SECTION I. General Information Engineering Services Annual Microsurfacing Contract IT No. Ofl/•09 -U3 Florida Ki Iiway Products, Inc Na 9VALUEt Robin Hewitt pate: C2 /O411G SECTION II, Contract Award - Attach a Letter of Intent (Form SB 07) for each company listed below. Totai Contract AmCJnf _ $300,000.00 Established SR Gcal 10%1 1 If No Goal was established, check with an X Awarded SP Gcal TBD SB Subcontractors SB Contract Amount Percent CC Trucking TBD 9VALUEt 'aVynn & Scn TBD #VALUEI 6c Tn.c,ing -Amend i 30.00 na Contract to meet 15% goal with all $0.00 0 Work Orde $0.00 0 ro $0.00 046 $0.00 0% Recap $0.00 0 % DCFruckiny $U.UO 41 Wynn & Son TBDI #VALE Total Awarded SB Subcontract 50.00 �B.D IEx lire - 31 - Od -2611 SECTION lll. Change Order on Contracts - Attach copy of the Change Order Change Order Jr Amendment Number'. Previous Total Contract Amt. Change Order Amt. Revised Total Contact Amt. 1 $300,000.00 $300,000.00 ` s 600;OQ T SB Subcontracto SB Contract Amount Percent 6c Tn.c,ing -Amend i TRp *VALUE ,Yynn & Sot. TBD #VALUE $0.00 0 ro $0.00 #VALUE $0.00 #VALUE' Recap 30.40 #©IVIO DCFruckiny TBD #VALUE - Wynn & Son TBDI #VALE $0.00 #D VIO $0.00 #VALUE' Total Awarded SB Subcontract $0 -00 - AM For Official Use Only Approve €: Date: 215120/0 PYocur�ment iVision CUfr1R18f115: -or. 39 00 Jul c 02/97/2030 7235:52 PM 81 of 140 (Cage '12 -f 13) ACORD CERT IFICATE OF LIABILITY INSURANCE DAre1RMre3c mrl P8 /Os /09 PN0Gv9EA 3 - B13- x29 -earl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r:. F. Nil— ca., Snt. ONLY AND CONFERS NO RIGIITS UPON THE CERTIFICATE GeNERAI _IA &LITV TBX191352395039 O8 /01;09 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 a. P Bt. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. sta xu¢ - Tazw¢la, FL 33676 PRFM+ 5 RrE rcrce1 — s I -. =_ 5 3 INSUR AFFORDING COVE RAGE: NAIE9 CVMUE HL:IAL GENC'+AI lINE3UTf INSLPERA WAU 8V TNB CO ;26769 l.,LD Flor.ide Righaay Eraduct0, Tnc. � - -.-..- - --- INSUAER V WTTtO BPECIAL SH CO 12531 1710 Cal abrati On Sivd. 1 '""" .. ! INSUR£R C: VAUSAU UNDEWRIT'E INS CO t26042 eta 501 Celabtttion, F3. 33147 - ItN5vR£pa _- . - 0VERAGo THE POLICIES OF INSURANCE 0STECI BELOW KAVE BEEN 185UEO TO THE IN$UhEU NAWU ABOVE FOR THE POLICY PLRIGO IN1:ICA I K) NOTIM TMSTANDING ANY REOVIREMENT, TE:3M OR CONDITION O= ANY CONTRACT OR OTHER, DOCUMENT 'NITH RESPECT TO LVMICH THIS CERTIFICi TE MAY BE;S5UED OR .N11Y PIFRTAIN, T,iE 314SLRANCE AFFORDED By 1HE POLICIES DESCR16E0 HEREIN IS $U61ECT rO.ALL THE IEWS . EXCLUS'ONS ANU CONDITION$ Of SUCH PO41CIE 5. 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A PUBLIC HEARING May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ® I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Request amendment to add a definition for aeration Windmills and corresponding provisions and standards (CDRV 10 -002) to the Land Development Regulations (LDR), Chapter 2. Zoning, Section 4.129, including a maximum height of 25 feet, and limitation to nonresidential zoning districts for the purpose of aerating wet detention areas. Applicant: City- initiated. PROPOSED ORDINANCE NO. 10- 010 -FIRST READING. EXPLANATION OF REQUEST: The proposed amendment would create a definition, and provisions and standards for windmills. This has been prompted by the plans of the Utilities Department to use two (2) such structures for aeration purposes in the wet detention area of Mangrove Walk Park. This would be part of a resolution to a water quality problem involving the Florida Department of Environmental Protection (DEP). The windmills are to assist in the aeration of the wet detention pond that stores water before releasing it into the Intracoastal Waterway. The City's current LDR do not contain provisions for windmills, but are proposed to include the following new text under Section 4.J of Chapter 2 (Zoning) which provides alternative setback provisions for selected structures such as fences, arbors, flagpoles, fountains, playground equipment, and light poles: Section 4.J. Other Structures — 29. Windmills. used to aerate wet detention areas. Drovided that such structures are located in nonresidential zonina districts. desianed as monoaoles. and are not areater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback from the property line for each windmill shall be equal to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to protect nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the 85 of 140 posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal. The proposed definition would be inserted into Chapter 1 of the LDR, Article II, Definitions, and would read as follows: WINDMILL, AERATION — A wind driven aeration system that pumps oxygen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the function of an aeration windmill to create or aenerate electric cower. either for use or sale. on or off -site. Staff has researched the proposed windmills including communications with manufacturers and special interest groups to obtain information on sound characteristics and their potential to negatively impact the environment. Staff concludes at this time that any future negative effects appear to be minimal, or at least well controlled, due to the limitations imposed on their use, size, and allowable locations. The extent of staff's research, and the findings are further explained in the staff report. As also explained in the report, staff also sees this code provision as possibly facilitating a pilot project to evaluate the impacts on and benefits to the community, which could be used it the future in considering provisions for the standard wind turbine used to generate power. The Planning and Development Board reviewed the subject item on March 23, 2010 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Deny code review for windmills thereby requiring use of alternative method of aerating retention ponds. 86 of 140 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE H, "DEFINITIONS ", AMENDING CHAPTER 2, SECTION 4J "OTHER STRUCTURES ", TO CREATE PROVISIONS AND STANDARDS FOR THE USE OF WINDMILLS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Utilities Department plans to use two windmills for aeration purposes in the wet detention area of Mangrove Walk Park which would be part of a resolution to a water quality problem involving the Florida Department of Environmental Protection; and; WHEREAS, currently, the City's Land Development Regulations do not contain provisions for windmills; and WHEREAS, the City Commission has considered staff's recommendations and reports, and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect this addition; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, General Provisions, Article II, Definitions of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: • . WINDMILL, AERATION — A wind driven aeration system that pumps oxen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the fiunction of an aeration windmill to create or generate electric power, either for use or sale, on or off -site. • . 87 of 140 Section 3 . Chapter 2, Section 4J, "Other Strictures" of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: J. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of stricture as applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated by other parts of this ordinance. The following strictures and improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted, and agency authorization shall be required for placement in easements: • . 29. Windmills, used to aerate wet detention areas, provided that such strictures are located in nonresidential zoning districts, designed as monopoles, and are not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback from the property line for each windmill shall be equal to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to protect nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal. Section 4. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. 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 7. Authority is hereby given to codify this Ordinance Section 8. This ordinance shall become effective immediately. FIRST READING this day of 1 2010. SECOND, FINAL READING AND PASSAGE this day of 1 2010. CITY OF BOYNTON BEACH, FLORIDA 88 of 140 Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 89 of 140 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10 -018 Revised TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner II DATE: April 22, 2010 SUBJECT: CODE REVIEW / CDRV 10 -002 Request approval for an amendment to the Land Development Regulations Part III LDR, Chapter 1 Article II Definitions to add a definition for windmills, and Part III, LDR, Chapter 2. Zoning, Section 4.J.2-7 29, to add provisions and standards, including a maximum height of 25 feet, to windmills within nonresidential zoning districts for the purpose of aerating wet detention areas. NATURE OF REQUEST This proposed amendment would create a definition and the provision and accompanying standards for windmills, to allow them in nonresidential zoning districts for the purpose of aerating wet detention areas. This proposed amendment has been prompted by the plans of the Utilities Department to use two (2) such strictures for aeration purposes at the wet detention area of Mangrove Walk Park. This desired action by the Utilities Department would be part of a resolution to a water quality problem involving the Florida Department of Environmental Protection (DEP). The purpose of the windmills is to assist in the aeration of the wet detention pond that stores water before releasing it into the Intracoastal Waterway. Also, the City has received many public inquiries in the past as to whether windmills are allowed in the City. The City's current Land Development Regulations do not contain provisions for windmills. This code review represents an interim amendment to the land development regulations, which would be inserted accordingly into the draft LDR rewrite product. BACKGROUND There are currently no provisions for windmills within the Zoning Regulations for the City. The changes proposed by staff would allow the use of windmills, but only in connection with the aeration of wet detention areas located within nonresidential districts. Aeration, the process by which oxygen is added to the water, assists in the removal of pollutants and in the decomposition of nutrients which normally builds up in ponds over time. The wet detention area of Mangrove Walk Park is zoned Central Business District (CBD) and located within the City's downtown watershed. The pond acts as a storm water control system that provides for both the retention and treatment of contaminated stormwater runoff before releasing such water into the Intracoastal Waterway. The City would use these two windmills to add oxygen into the water to increase the fiunctionality and longevity of the wet detention area. Staff anticipates that these windmill- driven aeration systems will perform as effectively, if not better than their conventional electric -power counterparts, but without the reoccurring monthly expense 90 of 140 for utilities. Utilities staff has determined that the height of the windmills would need to be at least 25 feet in order to achieve the desired wind speeds required for effective aeration. Section 4.J of the Zoning Regulations, labeled "Other Strictures" accommodates miscellaneous appurtenances such as arbors and trellises, flag poles, recreational equipment, and light and other utility poles, within building setbacks. Staff proposes to add windmills as an additional "other stricture," which would be described as follows: 2-7. 29. Windmills, used to aerate wet detention areas, provided that such strictures are located in nonresidential zoning districts, designed as monopoles, and are not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback from the property line for each windmill shall be equal to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in order to protect nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal. Staff also proposes to create a definition for windmills that will be used for aeration purposes. The definitions would be amended as follows: Chapter 1, Article II Definitions WINDMILL, AERATION — A wind driven aeration system that pumps oxen into air lines located in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve water quality. It is not the function of an aeration windmill to create or generate electric power, either for use or sale, on or off -site. ANALYSIS In creating a more sustainable community, staff recognizes great benefits in drafting land development regulations (LDR) that promote renewable energy, recycling, and conservation. Staff has been proactively drafting "green" regulations, including provisions for photovoltaic (PV) arrays, compost bins, and rain barrels within the last year in connection with the LDR Rewrite project. These provisions have been conceptually approved by the Planning and Development Board and City Commission, and staff anticipates that the entire LDR Rewrite project will be complete later this year. However, because of time constraints of the Utilities Department, staff proposes this interim code amendment. If approved, the new language can be easily inserted into the new LDR. Wind power has been used for many years as a renewable energy source, and could directly benefit the City despite not being geographically located with optimal wind characteristics. However, like other renewable energy systems, they do not come without a cost. Because of uncertainties with respect to the potential or perceived adverse impacts to residential neighborhoods and wildlife, particularly birds, staff is hesitant to draft regulations that would allow windmills for all purposes within all zoning districts. Therefore, it is staff s intent to promote this interim amendment as a "pilot program," whereby the regulations are created to allow for windmills, but only on a limited basis, in part, to observe, measure, and record any adverse impacts. Future code provisions can be considered once the products the City wants to use are tested and yields little or no adverse impacts, or if the benefits far outweigh the costs. The most common issues concerning windmills are as follows: 91 of 140 1. Noise. Noise, which is typically defined as unwanted sound, is a common argument against the use of windmills, especially near populated areas. With respect to the subject windmills to be used for aeration purposes, staff requested sound data from the manufacturers, and they responded as follows: Koenders Windmills- "The turning of the windmill blade makes no discernable noise; the noise comes from the compressor which is situated immediately behind the blade... which would be 25 feet in the air. The blade turns a shaft which has an offset cam on it. This offset cam provides reciprocating action for a piston. The piston compresses the air which is vented from the compressor into an airline to the bottom of the pond. Every time the piston compresses, it produces a noise which can be best described as a burp. The frequency of the burp depends on wind speed. Our noise meter registered that burp in a range not exceeding 72db at a distance of 3 feet." Outdoor Water Solutions- "Our aeration systems are extremely quiet and produce virtually no noise. The windmill head turns freely on a crankshaft that pumps the air and makes no noise. The diaphragm and piston assembly might be heard at the base of the windmill as it turns, but the sound would be very slight and no more than 25 -35 decibels. At 50 feet from the base, it would be almost impossible to hear anything coming from the aeration windmill." According to the American Speech Language Hearing Association, a decibel reading of 50 db is considered "moderate" noise, which is similar to "moderate rainfall." A reading of 70 db however, is considered "very loud" like that of "busy traffic or a vacuum cleaner." With respect to the difference in decibel readings between the two (2) products of the aforementioned manufacturers, staff understands that sound measurements taken on the louder of the two windmills included background noise. Staff is currently seeking further clarification from the manufacturer, which would be presented at the public hearings. 2. Impact to Birds. Another argument against the use of windmills is the possible impacts to migratory and resident birds. Staff communicated this concern with Ms. Bonnie Finneran, Environmental Director of Palm Beach County Environmental Resource Management, but she knew of no county environmental regulation that speaks to the issue of windmills and protective measures for birds. This response from the County was not surprising given the lack of windmill presence in Palm Beach County and South Florida. Mr. Grant Campbell of the South Florida Audubon Society notes that the Atlantic Flyway, which is a bird migration route paralleling the Atlantic coast, is followed by 50 different kinds of birds that breed in New England and migrate south to Florida, and as even far south as South America. His organization could not give a blanket approval to the use of windmills but suggested that the risk to birds would be minimal if the City applies the following mitigating actions when planning for windmills: 1) limit the windmill height so that they are relatively low to the ground; 2) locate them away from trees and potential nesting and feeding sites; 3) make sure they are highly visible; and 4) restrict use to the slowest speed variety available that will accomplish the objective of pond aeration. According to Mr. Campbell, windmills less than 30 feet in height would meet the above height criteria, but he is unaware of a standard or rile for safe distances from bird nesting areas. 92 of 140 Mr. Alan Goode, the general manager of Koenders Windmills wrote: "We have no statistics on the environmental impact to bird populations; we only have empirical evidence provided by an Edmonton waste management company who has our windmills installed. They comment that the local seagull population is disturbed by the windmills but only on bright days, they have premised that the sun on the bright galvanized finish creates a strobe effect on the moving blades. This will diminish with time as the galvanized finish weather down. (The system the City wants to use) is powder coated so I would anticipate little if any environmental impact to your bird population." Mr. John Redd, the president of Outdoor Water Solutions, Inc., responded to this question as follows: "Lastly, we do not have any specific data regarding our windmills and birds. To our knowledge, there are no issues with bird injury or bird death with our systems as they utilize a 12 blade design that are quite easy to see (versus) the larger electrical generators that utilize a three (3) blade design. Our systems were modeled after the Aeromotor windmill heads that have been sold in the U.S. since the mid 1800's. On September 8, 2009, the Wall Street Journal published an article by Mr. Robert Bryce entitled, "Windmills are Killing Our Birds." Mr. Bryce, who is managing editor of Energy Tribune, criticizes the federal government in what he perceived as a double standard in the prosecution of oil companies versus green energy sources after it is determined that each caused avian deaths. He also cites statistics from the Wind Energy Association that wind energy is responsible for some 75,000 to 275,000 deaths a year. Staff notes that a multitude of these deaths are attributed to large wind farms, such as the Altamont Pass Wind Farm in California, which includes 5,200 turbines. Staff also notes that in his article, Mr. Bryce also indicates that housecats contribute to 1 billion deaths annually. 3. Aesthetics. Windmill technology has been around for a very long time, and it has played a significant role in American history. Beauty is in the eye of the beholder, and windmills come in a variety of shapes and styles. Staff is cautious about amending the code to allow the potential for large wind turbines, such as those used in wind farms in Texas and California, which to many are aesthetically unpleasing. To encourage uniformity and for the sake of simplicity, the proposed language would restrict the style of windmills to that of a monopole stricture, resulting in a more modern look rather than the nostalgic strictures that dotted the landscape of American farms during the nineteenth and twentieth centuries, and which continue to exist today. It is staff s opinion therefore, that allowing windmills, on a limited basis and with certain restrictions, would not create any adverse aesthetic impacts. 4. Safety. The last major concern with the use of windmills, particularly those located in urban and suburban areas such as in Boynton Beach is the potential life- safety issues that may be posed to abutting properties, and to a lesser extent, the public at- large. Because South Florida experiences hurricanes, it is appropriate that any provision involving the use of windmills includes a minimum setback requirement in case of accidental collapse. To address this, the proposed language requires windmills be setback a minimum distance equal to the height of the stricture. Some windmills come equipped with a latch at the base so that they can be lowered into the prone position and secured (to the ground or other strictures) in anticipation of a hurricane or other weather event. With respect to self - preservation, windmills such as the 93 of 140 Koenders Windmills product, contain safety mechanisms that cause the windmill head and blades to turn away or furl out of the wind when wind speeds exceed 27 -28 miles per hour. Likewise, in a letter to staff, Mr. Redd of Outdoor Water Solutions, Inc. writes "Our windmill head is also designed to fiirl out of the wind between 30 and 40 mph as a way to regulate its speed." In addressing the fear that malfunctioning blades could potentially fall from the windmill or act as projectiles and strike unsuspecting victims in their path, the American Wind Energy Association refutes that "in 20 years of operation, the wind industry has recorded only one (1) death of a member of the public — a German skydiver who parachuted off - course into an operating wind plant. Blade throws were common in the industry's early years, but are unheard of today because of better turbine design and engineering." Finally, the potential for ice fragments falling from the blades (which are commonly known as "ice throws ") is not a legitimate concern in the subtropical climate of South Florida. CONCLUSIONS / RECOMMENDATION As indicated above, wind technology has great benefit to the City in creating a more sustainable community; however, it may not be without its costs. On a large scale, there are legitimate concerns regarding windmills and the potential for lowering the quality of life for humans, and / or increasing negative impacts to wildlife. Staff examined the pros and cons, and at this time, any future negative effects appear to be minimal, or at least well controlled, due to the limitations imposed on their use, size, and allowable locations. The benefit however, of aerating wet detention areas without the use and dependency on electric power or the burning of fossil fuels seems to be very advantageous in lowering the City's carbon footprint. Furthermore, this type of regulation would help the City gain a good reputation as an environmentally - friendly and forward thinking community, while simultaneously demonstrating fiscal responsibility during lean budget years by lowering filture operating expenses. Therefore, staff recommends the proposed amendment, along with the plan to review the impacts of this amendment over a period of one (1) year, and report to the Commission any negative findings. Staff would then recommend the continued existence of such windmill regulations, and possibly expansion of them to include more eligible properties and uses, or conversely, the "sunsetting" of such regulations if determined that the benefits no longer outweigh the costs represented by this amendment. S:`, Planning ,SHARED WP`,SPECPROJ`,CODE REVIEW CDRV 10 -002 Windmills`, StaffReport2.doc 94 of 140 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Attorney Alexander administered the oath to all those intending to testify. Chair Jaskiewicz noted there were two conditions of approval and she inquired about the Utility Reservation Fee. The applicant arrived and was administered the oath. Ms. Zeitler presented the request as contained in the staff report. The request pertained to a rental apartment community with 12 units in Phase I. The site plan that was approved was for seven more rental apartment units and a rental office as Phase II. The applicant requested an extension of the Major Site Plan Modification Development Order, which was approved on May 20, 2008 for the Phase II development. The site plan was valid for 18 months from the date of approval. If the second extension were granted, the Site Plan would be extended to November 20, 2010. The site plan reflected seven units that would be built as separate one -story buildings. Building A had 4 units and Building B had three units with a rental office. Each unit was 1,000 square feet, and would be constructed with concrete block, stucco, pitched - shingle roofs, and decorative features such as panel doors, colonial style window, stucco banding and coins on each corner. The applicant attempted to obtain a construction loan; however, with the economic downturn, the banks became more restrictive. An updated traffic concurrency approval letter from Palm Beach County was needed and the Utility Reservation Fee was due, otherwise the Utilities Department could not guarantee capacity. Staff recommended approval of the request for the one -year extension subject to adhering to all prior conditions still applying and they must be addressed during the building permit process. Jeff Wolff, 5139 First Road, Lake Worth, was present and advised a bank would not be needed to fund the loan. They sold a property and would provide their own funding. He hoped to commence construction in August or September. Chair Jaskiewicz opened the floor for public comment. Hearing none, she closed the public hearing. Motion Ms. Grcevic moved the Site Plan Time Extension be from November 20, 2009 to November 20, 2010 including all conditions. Mr. Myott seconded the motion that unanimously passed. 8. New Business C.1. Windmills (CDRV 10 -002), Code Review. Request approval for an amendment 95 of 140 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 to the Land Development Regulations (LDR), Chapter2. Zoning, Section 4.J.27, to add provisions and standards, including a maximum height of 25', to allow Windmills within non - residential zoning districts for the purpose of aerating wet detention areas. Applicant: City- initiated. (Heard out of order) Eric Johnson, Planner, presented an interim amendment and read the following into the record: "Windmills, used to aerate wet detention areas, provided that such structures are located in nonresidential zoning districts, designed as monopoles, and not greater than 25 feet in height (measured from the foundation or base, to the shaft). The minimum required setback for each windmill shall be equal to its height. Windmills shall be located, to the maximum extent feasible, away from trees and potential nesting and feeding sites for birds. All windmills shall be lowered to the prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. All windmills shall be kept in operating condition or may be subject to removal." The catalyst for the amendment was the Utilities Department's desire to install two windmills at the wet detention areas at Mangrove Walk Park. It was anticipated the Land Development Regulation rewrite would not be finished according to their time schedule. In order to make a comprehensive code amendment, they expanded the windmills to be included in all non - residential districts, having a maximum height of 25 feet, and designed as monopoles. Staff evaluated the potential impacts and identified four areas which were noise, impact to birds, aesthetics and safety. It was anticipated windmills would not be a safety concern since the ones the City wanted to install would have a mechanism that would allow the blades to furl out of the wind when the wind speed exceeded 27 mph. The windmills would also be lowered to the prone position when a hurricane watch was issued. The aesthetics of the windmills were evaluated and they were designed as a monopole, not for beauty. They were based on design restrictions and because they were only proposed for non - residential districts to be used only in connection with the aeration of wet detention areas, it had a limited scope. In the future, the uses may be expanded, perhaps for power generation, but this would be a pilot program to observe how the windmills would function. Then staff would determine and evaluate any impact. There would be an impact to birds. Staff researched the issue and contacted the Palm Beach County Environmental Resource Management, (ERM) and received neutral feed- back from them. Staff also contacted the Audubon Society Broward and Palm Beach County Chapters. While they could not give their full endorsement, staff determined the impact to birds for this use would be minimal as indicated in the staff report. 4 96 of 140 Meeting Minutes Planning and Development Board Boynton Beach, FL March 23, 2010 Windmills according to the Wind Energy Association reflected that energy, as a whole, contributed to 75,000 to 275,000 avian deaths a year. In an article by Robert Bryce published in the Wall Street Journal on September 8, 2009, house cats contributed to more than one billion deaths annually. As to noise, the City wanted to install two different types of windmills. One was owned by Koenders and the other by Outdoor Water Solutions. Outdoor Water Solutions reported the decibel readings would be quite low. Decibel readings from Koenders indicated multiple tests showed the noise from their product was comparable to the Koenders product. If the windmill was located 96 feet from the property line, the impact was comparable to a human voice at 24 feet away The Utility Department wanted to install those windmills more than 125 feet from the nearest residential building and staff anticipated the windmills would not violate any noise ordinances. Staff recommended approving the request as read into the record. Chris Roschek, Utilities Department, explained the proposed colors varied and were different colors for maintenance reasons. As to how the poles collapsed for hurricanes, both products had a latched base that folded flat to the ground. The poles would be mounted on the ground adjacent to the pond and the windmills would be connected to an air compressor and an airline weighted in the pond. The shaft was 25 feet above ground level and the diameter of the blades were about five feet in diameter. Mr. Johnson explained the City was desirous of allowing windmills in the City; however, since they were tall, the public may not be in favor of them. Staff received multiple calls from the public wanting to install windmills. In order to make a start, since the Utilities Department wanted them at the pond, they would start small and observe the impacts. Staff intended to monitor them and come back with revised language to open up all eligible properties for more windmills. The concept pertained to sustainability and greening and they would then not be a conditional use; rather, it would be allowed outright. There were a limited number of properties that have wet detention areas that were nonresidential areas: one such area was the mall. Mr. Johnson was unsure if anyone would complain about them because people would not know they were there. The windmills would be the height of a palm tree. Staff was excited with the concept, but understood they could be a NIMBY. Mr. Roschek explained in regard to the monitoring, the windmill would only use air to turn the turbine to run the air compressor. It did not require any electricity or water. 5 97 of 140 WIN-A1 CITY MANAGER'S REPORT May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10 -051 - Approve the Interlocal Agreement with the Town of Manalapan, providing for an emergency interconnection between the potable water systems. EXPLANATION OF REQUEST: The City of Boynton Beach and the Town of Manalapan own and maintain separate potable water distribution systems; yet the two systems are in close proximity to each other along the U.S. Highway 1, in the vicinity of Dimick Road. It would be beneficial to the Town to establish an interconnection with the City's system, in order to provide for an alternate supply of water during emergencies, including fire fighting emergencies. The subject interlocal agreement specifies the location and size of the interconnection, and the responsibilities of each party. Briefly, the interconnecting line and single meter will be 8- inches in diameter, and will be designed, constructed, and funded by the Town of Manalapan. It will be designed to allow for remote operation by the City, using telemetry and an electrically - actuated valve. The billing rate, in the event of usage by the Town, will correspond to the City's lowest commodity water rate in effect at the time of usage. This is customary for all other interconnection agreements involving the City. (Currently that rate is $1.41/ thousand gallons). The agreement provides detailed procedures for initiating and discontinuing the use of the interconnection as well as provisions governing the City's right of refusal if conditions warrant. The initial duration of the agreement is for ten (10) years from the effective date. 98 of 140 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement will not negatively impact the functioning of the City's water system, and creates the potential for the providing of additional contract management services to the Town's utility system. FISCAL IMPACT: None ALTERNATIVES: Deny the agreement, and maintain the status quo. 99 of 140 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF MANALAPAN PROVIDING FOR AN EMERGENCY INTERCONNECTION BETWEEN POTABLE WATER SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton beach and the Town of Manalapan own and maintain separate potable water distribution systems which are in close proximity to each other along the U.S. Highway 1 near Dimick Road; and WHEREAS, It would be beneficial to the Town of Manalapan to establish an interconnection with the City's system in order to provide for an alternate supply of water during emergencies, including fire fighting emergencies; 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 and authorize the City Manager and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach and the Town Of Manalapan providing for an emergency interconnection between the potable water systems. 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 and authorize the City Manager and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach and the Town Of Manalapan providing for an emergency interconnection between the potable water systems, a copy of said Agreement is attached hereto as Exhibit "A ". 100 of 140 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 1 2010. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 101 of 140 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND TOWN OF MANALAPAN FOR WATER MAIN INTERCONNECTION THIS INTERLOCAL AGREEMENT made and entered into this day of , 2010, by and between the City of Boynton Beach, a Florida municipal corporation with its principal address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as the "City ", and the Town of Manalapan, a Florida municipal corporation with its principal address at 600 South Ocean Boulevard, Manalapan, Florida 33462 -3398, hereinafter referred to as the "Town" for Water Main Interconnection. WITNESSETH WHEREAS, the Town and the City have water lines installed in close proximity to each other along the east side of U.S. Highway 1 in the proximity of 8250 S. Federal Highway, in Palm Beach County, Florida; and WHEREAS, the Town and the City desire to guard against the potential danger of failure of water service to customers within the Town's service area and to enhance their respective water distribution systems interconnectedness for security, emergency, and vulnerability preparedness; and WHEREAS, interconnections for water distribution systems are encouraged by the South Florida Water Management District and the Environmental Protection Agency to provide alternative sources of treated water in the event of an emergency or system failure; and WHEREAS, it is in the best interests of both the Town and the City to enter into this Agreement to ensure that potable water will be available in an emergency situation; and WHEREAS, the Town and the City desire to address their mutual concern by entering into this Interlocal Agreement, pursuant to Section 163.01, Florida Statutes. NOW THEREFORE, in consideration of the mutual promises contained herein, the Town and the City agree as follows: SECTION 1: PURPOSE. The Town will connect its water system to the water system of the City in accordance with mutually agreeable specifications. Such water main interconnection(s) between the Town and the City shall hereinafter be referred to as the "Interconnection" or "Project." SECTION 2: PROJECT COSTS. The Town will bear the Project Costs of the Interconnection installation. Project Costs shall be those costs incurred by the Town for engineering consulting and constriction services in connection with the Interconnection installation, and shall not include the Town or the City staff costs or attorneys fees incurred in connection with the performance of this Agreement. The estimated Project Cost is for the installation of the Interconnection. 102 of 140 SECTION 3: INSTALLATION RESPONSIBILITIES; COSTS REIMBURSEMENT The Town shall be responsible for contracting with a licensed contractor for the installation of the proposed Interconnection. The procurement of a contractor by the Town shall be in accordance with the ordinances of the Town and the laws of the State of Florida. The proposed Interconnection shall be located and the costs for such will be provided for as follows: a. On the east side of U.S. Hwy 1 in a proposed utility easement located across the frontage of the Gateway Marina, at 8250 S. Federal Highway. This Interconnection will tie into the Town's eight (8 ") inch water main on the north side of the parcel and the City's eight (8 ") inch water main on the south side of the parcel. b. The Interconnect(s) will be controlled by two valves, one of which will be operable by the Town and one of which will be operable by the City. Each party shall be responsible for monitoring and inspecting their respective water distribution systems and shall jointly inspect the Interconnects. SECTION 4: INTERCONNECTION; PROCEDURES; CONDITIONS. The Interconnection(s) will be controlled by two (2) valves (for each meter); one (1) of which will be operable by the Town and one (1) of which is operable by the City. See Exhibit A (to be provided by Boynton Beach) attached hereto and incorporated herein for a depiction of the Interconnect Assembly Detail. In the case of a planned or unplanned water system disruption or other emergency causing a water service disruption or emergency water service failure in the Town (a "Water Service Emergency "), the valve of the party not experiencing the Water Service Emergency (the "Supplying Party ") may be opened so as to permit the flow of water to the party experiencing the Water Service Emergency (the "Receiving Party "). No supply of water to the Receiving Party shall be provided except in case of a Water Service Emergency and only under the following terms and conditions as determined at the sole discretion of the Supplying Party: a. A sufficient surplus of potable water exists to meet the Supplying Party's anticipated water demands; b. The Supplying Party may limit the amount of water to be supplied in order to meet the Supplying Party's anticipated water demands; C. The Supplying Party may limit the hours or days of supply in conjunction with the estimated demands on either party's water system; d. The Supplying Party may condition the provision of water upon the requirement that the Receiving Party impose use restrictions on its customers as prescribed by the Supplying Party; and 103 of 140 e. The Supplying Party may place an automatic expiration date upon Water Service Emergency supply period which may be extended only by the Supplying Party's City /Town Manager. SECTION 5: INTERCONNECTION MEASUREMENT AND COSTS. The potable water used will be measured by eight (8 ") inch turbine meters with a capacity of three thousand five hundred (3,500) gallons per minute. Charges for metered water use through the Interconnection shall be at the prevailing lowest commodity rate of the Supplying Party for non - residential customers at the time the potable water is supplied. No capacity or other fixed charges shall be assessed. Adjustments to said charges shall be made by written addendum to this Interlocal Agreement. When water is utilized through the Interconnection, the meter or meters shall be read concurrently by the City and the Town on approximately the first (I business day of each month. Monies owed by the Receiving Party to the Supplying Party for water consumed during a Water Service Emergency under the terms of this Agreement shall be paid to the Supplying Party within thirty (30) days after the furnishing of a invoice for the Interconnection water service. Invoices will be provided for each thirty (30) day increment, or portion thereof, during the duration of a Water Service Emergency. SECTION 6: INTERCONNECTION REQUEST AND TERMINATION. Upon the occurrence of a Water Service Emergency, a written or verbal communication from the City Manager or his authorized designee of the Receiving Party requesting the opening of the Interconnection valve, setting forth the nature of the Water Service Emergency and providing an estimated duration of the Water Service Emergency (the "Interconnection Request "). Verbal communications shall be followed within 12 hours by a faxed or e- mailed written communication. If at all possible, notice shall be provided at least forty -eight (48) hours prior to the start of such Water Service Emergency. The Interconnection Request by the Receiving Party is the only communication necessary prior to a water service supply decision by the Supplying Party. Notwithstanding the above, in the event of an actual emergency where advance notice cannot be provided, the Supplying Party's Division Manager or Chief Water Treatment Plant operator or his designee may authorize the opening of the Interconnection valve without the Interconnection Request, but the Interconnection Request must be then provided and a decision to open the Interconnection valve must be reviewed by the applicable Town or City Staff members within twenty -four (24) hours of valve opening in order that certain conditions as set forth hereinabove at Section 3 may be imposed or to allow the Supplying Party the right of refusal of the request as provided for herein at Section 8. A request to discontinue the water service through the Interconnection at the end of a Water Service Emergency must be provided by fax or e -mail by the Receiving Party's City /Town Manager or his authorized designee at least forty -eight (48) hours prior to the proposed shut -off of the Interconnection valve. 104 of 140 SECTION 7: TERM; RENEWAL. It is understood by both parties that the term of this Interlocal Agreement is ten (10) years. This Interlocal Agreement may be renewed for additional ten (10) year periods upon the mutual, written consent of the parties, which consent must be reached by the parties prior to the expiration of the term or any extended term. In the event that the Interlocal Agreement is not renewed, this Interlocal Agreement shall automatically terminate at the end of the ten (10) year term. SECTION 8: RIGHT OF REFUSAL. The Town and City each expressly acknowledge the right of the other to refs se to provide the Emergency Water Service, as set forth in this Interlocal Agreement, if the City or Town Manager determines that the provision of such service would not be in the best interest or would constitute a danger to the health, safety and welfare of its citizens, for any reason whatsoever. In the event of such a refusal, the parties agree that neither party has a claim against the other for the exercise of the Supplying Party's right to refs se the provision of water service under this Agreement. SECTION 9: LIABILITY The parties to this Interlocal Agreement shall not be deemed to assume any liability for the negligent or wrongfi l acts, or omissions of the other party, and each party agrees to be responsible for its own acts, omissions, negligence, and willful misconduct, and the acts, omissions, negligence, and willful misconduct of its employees, officers, and agents. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits, and immunities established in Sec. 768.28, Florida,Statutes. SECTION 10: GOVERNMENTAL POWERS. Both parties acknowledge that this an Interlocal Agreement under Chapter 163, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and riles; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such fuunctions and duties of those officers, agents, or employees extra - territorially under the provisions of any Interlocal Agreement. All provisions of this Agreement calling for the expenditure of ad valorem tax revenue by either the City or the Town are subject to annual budgetary funding, and should either party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this agreement may be terminated. SECTION 11: NOTICE Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. As to CITY: And As to TOWN: 105 of 140 Kurt Bressner, City Manager Citti- of Boti-nton Beach 100 E. Boynton Beach Boulevard Boti-nton Beach, Florida 33435 Fax (561) 742 -6011 Email: bressnerkd1bbfl.us Utilities Department Cite of Boynton Beach Attn: Kofi Boateng, P.E. Utilities Director 124 E. Woolbright Road Boynton Beach, Florida 33435 Fax (561) 742 -6298 Email: boatengk�dbbfl.us Town of Manalapan 600 South Ocean Boulevard Manalapan, FL 33462 -3398 Fax (561) 585 -9477 Attn: Town Manager or E -mail to Town Clerk: 1petersen dInanalapan. org SECTION 12: GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida and venue shall be in Palm Beach County. SECTION 13: SEVERABIL,ITY. In the event any provision of this Agreement shall be deemed to be invalid or void under any applicable law, the remaining provisions hereof shall not be affected and shall continue in full force and effect. SECTION 14: EFFECTIVE DATE. This Interlocal Agreement shall take effect upon its execution by both parties and upon being filed with the Clerk of the Circuit Court. SECTION 15: ENTIRE UNDERSTANDING. This Interlocal Agreement constitutes the entire agreement between the parties. This Interlocal Agreement may be amended only in writing, executed by both parties to this Interlocal Agreement. SECTION 16: FILING WITH CLERK OF COURT. This Interlocal Agreement shall be executed in triplicate by both parties and filed for record by the Town with the Clerk of the Circuit Court of Palm Beach County, Florida pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of 1 2010. CITY OF BOYNTON BEACH Kurt Bressner, City Manager Attest: Janet Prainito, City Clerk (CITY SEAL) Approved as to form: TOWN OF MANALAPAN William T. Gerrard, Mayor Attest: Lisa Petersen, Town Clerk (TOWN SEAL) Approved as to form: 106 of 140 James Cherof, Esq., City Attorney Town Attorney Y: doc5,l\Ianalapan agreements- Leases - Contracts, Interlocal agint. -Citti of BB and Town of 1\lanalapan for Water Main Interconnection.doc 107 of 140 10. B CITY MANAGER'S REPORT May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: (Tabled 04- 20 -10) Discussion on the Budget Status Report of the General Fund and the Utility Fund for the six (6) month period ended March 31, 2010. EXPLANATION OF REQUEST: While this is the monthly financial report for the period thru March 31, 2010, it also represents the report for the second quarter and half way through our fiscal year. As in prior monthly reports, we are summarizing and providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the six month period ended March 31, 2010. However, we are taking a closer review of revenues and expenditures to date. The analysis - • Compares actual results for the current period to (a) the annual budget for this fiscal year and (b) the actual results for the same period compared to the annual budget of the prior fiscal year and • Estimates and makes a conservative projection of revenues for the balance of this fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The report is one of the financial reporting services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. Since we are projecting a General Fund revenue shortfall of about $1 million from original budgetary estimates, the City Manager is taking positive steps to reduce budgeted expenditures by a like amount. 108 of 140 FISCAL IMPACT: The fiscal impact of the actual budgetary results to date for the General Fund and the Utility Fund follow. GENERALFUND The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009 budget of $73.9 million. However, in order to balance the FY 2010 budget, it required the following two non - revenue funding sources. • A fund balance appropriation (reduction) of $3.5 million and • Transfers from other funds aggregating $22.4 million. The fund balance reduction and transfers from other funds represent an unusually high 36% of our total General Fund budget. For the six months (50 %) of FY 2010, • Revenues and transfers realized are $45.6 million (63 %) of the budget estimate. • Expenditures incurred are $31.1 million (43 %) of the annual appropriated budget. ( *)The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund. Revenues & Transfers (Exhibit A) - Overall, while we have received $45.6 million to date and slightly ahead at this point in time during the fiscal year in comparison to last year, a detail review of revenues estimates a net revenue shortfall of $1.0 million compared to the annual budget estimate. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M — Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 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. We initiated this midway last year. 3. 28% - $ 20.6 M — Other revenues are projected at a $1,025,749 shortfall. 109 of 140 FY 2010 FY 2009 Budget Actual to Date Annual Budget ( *) Actual to Date Difference Projected Approved Amount % Amount % Revenues /Transfers $ (1,026) $ 71,511 $ 72,537 $ 45,649 63% $ 73,963 $ 44,352 60% Expenditures I $ - $ (72,537) $ (72,537) $ (31,130) 43% $ (73,963) $ (35,626) 48% Excess (Deficit) I $ (1,026) $ (1,026) $ - $ 14,519 $ - $ 8,726 ( *)The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund. Revenues & Transfers (Exhibit A) - Overall, while we have received $45.6 million to date and slightly ahead at this point in time during the fiscal year in comparison to last year, a detail review of revenues estimates a net revenue shortfall of $1.0 million compared to the annual budget estimate. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M — Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 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. We initiated this midway last year. 3. 28% - $ 20.6 M — Other revenues are projected at a $1,025,749 shortfall. 109 of 140 100% - 112.5 M — Total funding sources Expenditures (Exhibit B) — General Fund expenditures to date are $31.1 million (43 %) of the $72.5 million expenditure appropriation for FY 2010. The current appropriation represents a 2% decrease of $1.4 million compared to FY 2009. However, it should be recognized that the City's Annual Required Contribution to the City's three pension funds totaling $9.2 million is not paid until the end of the fiscal year and, therefore, not reflected in the $31.1 million expenditures to date. $4.6 million would represent a proportionate share for the six month period raising total expenditures to date from $31.1 million to $35.7 million or 49% of the $72.5 million expenditure appropriation for FY 2010. The graph at the bottom of Exhibit B displays actual expenditures of $31.1 million are on track with the budget yet below the $31.1 million actual spending levels in FY 2009 for this same period. UTILITY FUND The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year. • Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit. • Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15 %. 110 of 140 For the six months (50 %) of FY 2010, • Revenues realized are $16.7 million (51%) of the annual budget estimate. • Expenditures incurred are $14.8 million (45 %) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1,900 thousand. FY 2009 FY 2010 Annual Budget Actual to Date Amount % Revenues $ 33,034 $ 16,764 51% Expenditures $ (33,034) $ (14,864) 45% Excess (Deficit) $ - $ 1,900 FY 2009 Annual Budget Actual to Date Amount % $ 35,442 $ 17,304 49% $ (35,442) $ (14,780) 42% $ - $ 2,524 FY 2010 vs. 2009 Budget Actual -7% -3% -7% 1 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $16.7 million in FY 2010 revenues and fund balance appropriation when compared to same period for FY 2009 results in excess revenues of $1.9 million, note: • Water Sales - $8.3 million = 53% of the annual estimate, compared to $5.8 million at this point in FY 2009. This $2.5 million difference results from water rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009. • Last year in FY 2009, $2.4 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $1.2 million. The May 1, 2009 water and sewer rate increases should provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) — Utility Fund expenditures to date are $14.8 million or 45% of the annual appropriation compared to the 50% portion of the current FY 2010 elapsed budget period. Individual percentage variances are noted on Exhibit D noting that all departmental accounts are operating within their budget at this point in the year. However, similar to the General Fund, it should be recognized that the City's Annual Required Contribution to the City's pension funds totaling $1.4 million for the Utility Fund is not paid until the end of the fiscal year and, therefore, not reflected in the $14.8 million expenditures to date. $0.7 million would represent a proportionate share for the six month period raising total expenditures to date from $14.8 million to $15.5 million or 47% of the $33.0 million expenditure appropriation for FY 2010. ALTERNATIVES: Request further clarification at the City Commission meeting. 111 of 140 5: \Pinv,aV financial Rep-'W-Ahly i inzncial Rt por,TY2009_!lIl0U5udge[Review - VIA -thru Mar 10 Sumn,v,- 00111-... S,in,maiv It--d 4Al201 f1 112 of 140 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Year) REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS REVENUE % REVENUE % DIFFERENCE PROJECTED APPROVED (253,000) $ 30,090,000 $ 30,343,000 REALIZED $ 26,503,476 REALIZED 87% APPROVED $ 35,013,460 REALIZED 29,961,950 REALIZED 86% AD VALOREM TAXES LESS TIF TAXES TO CRA (4,258,000) (4,258,000) (4,238,364) 100% (5,243,820) (5,243,820) 100% NET TAXES TO THE CITY (253,000) 25,832,000 26,085,000 22,265,112 85% 29,769,640 24,718,130 83% LICENSES AND PERMITS FRANCHISE FEES - 4,820,000 4,820,000 2,383,608 49% 5,121,000 1,547,469 30% BUSINESS TAXES 122,000 1,339,000 1,217,000 1,284,213 106% 1,391,000 1,326,975 95% BUILDING PERMITS (662,000) 173,000 835,000 209,579 25% 3,950,000 455,584 12% OTHR LICENSES, FEES & PER (4,000) 201,000 205,000 145,313 71% 196,000 134,902 69% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE (66,000) 707,000 773,000 24,667 3% 210,000 6,205 3% STATE SHARED REVENUES (42 5,743,000 5,785,000 2,956,072 51% 6,657,000 2,798,893 42% SHRD REV FROM OTHR LCL (18,000) 497,000 515,000 97,866 19% 505,000 115,305 23% STATE GRANTS - - - - 0% - - 0% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES (4,849) 81,151 86,000 81,151 94% 86,000 92,768 108% CHRGS- GENERAL GOVT (10 282,500 293,000 150,153 51% 290,406 144,989 50% PUBLIC SAFETY 175,000 4,520,000 4,345,000 2,511,061 58% 4,236,925 2,482,931 59% PHYSICAL ENVIRONMENT - - - (2,805) 0% 5,000 8,096 162% CULTURE) RECREATION (2,000) 282,000 284,000 136,781 48% 312,000 150,452 48% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 7,000 155,000 148,000 89 61% 103,000 73,068 71% INTEREST EARNINGS (237,000) 520,000 757,000 234,273 31% 1,100,000 328,463 30% RENTS AND ROYALTIES 15,400 231,400 216,000 108,760 50% 234,000 76,533 33% SALE OF SURPLUS MATERIAL (1,000) 2,000 3,000 1,075 36% 3,000 25,463 849% LIBRARY FINES 30,000 30,000 18,667 62% - - 0% OTHER MISC. REVENUE (44 172,200 217,000 91 42% 377,000 157,361 42% INTERNAL FUND TRANSFERS TRANSFERS - 22,423,334 22,423,334 11,111,667 50% 11,612,000 7,391342 64% FUND BALANCE APPROPRIATED 3,500,000 3,500,000 1,750,000 50% 4,630,000 2,315,000 50% $ (1,025,749) $ 71,511,585 $ 72,537,334 $ 45,648,713 63% Total Revenues [ L 7V88,971 44,351,929 63% 5: \Pinv,aV financial Rep-'W-Ahly i inzncial Rt por,TY2009_!lIl0U5udge[Review - VIA -thru Mar 10 Sumn,v,- 00111-... S,in,maiv It--d 4Al201 f1 112 of 140 Sao,(xX1 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA $7 537 570,000 GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Year) ' 1 170.632 S60,0(X1 EXPENDITURES °'X a $61,352 FY 201 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET % BUDGET $46,913 $40,(Xro APPROVE❑ EXPENDED EXPENDED APPROVED EXPENDED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 251,816 $ 127,381 51% $ 423,814 $ 207,934 49% CITY MANAGER 609,667 259,670 43% 639,605 286,392 45% CITY HALLlGEN. ADMIN. 1,710,091 745,021 44% 1,936,072 785,895 41% PUBLIC AFFAIRS 148,760 59,810 40% 182,064 68,350 38% CITY CLERK 566,184 267,251 47% 558,899 229,586 41% CITY ATTORNEY 468,486 258,178 55% 480,375 208,332 43% FINANCIAL SERVICES 1,230,307 530,487 43% 1,247,864 593,502 48% ITS 1,752,573 706,478 40% 1,866,388 908,330 49% GEOGRAPHICAL INFO SYSTEMS 429,734 197,573 46% 430,164 181,591 42% HUMAN RESOURCES 1,003,256 421,430 42% 989,804 443,290 45% ORGANIZATIONAL DEVELOF 163,320 60,580 37% 198,891 62,363 31% PUBLIC SAFETY COMMUNICATIONS 2,112,163 908,479 43% 2,384,971 1,028,393 43% POLICE 24,709,489 10,437,653 42% 24,321,484 12,283,608 51% CODE COMPLIANCE 1,145,398 563,965 49% 1,261,445 551,767 44% FIRE 19,378,362 8,173,272 42% 15,539,222 9,513,879 61% EMERGENCY MANAGEMENT 113,430 32,869 29% 116,300 42,093 35% ANIMAL CONTROL 189,965 66,188 35% 201,023 85,212 42% BUILDING & DEVELOPMENT DEVELOPMENT 418,153 189,540 45% 412,826 210,348 51% BUILDING 1,901,548 828,117 44% 2,368,088 955,931 40% ENGINEERING 903,633 402,088 44% 937,154 442,571 47% PLANNING & ZONING 932,393 399,539 43% 991,450 464,650 47% BUSINESS TAX 301,380 129,455 43% 297,936 140,191 47% PUBLIC WORKS PUBLIC WORKS 296,696 128,260 43% 296,412 156,555 53% FACILITIES MANAGEMENT 1,792,831 $30,668 46% 2,009,496 827,707 41% STREETS MAINTENANCE 1,005,637 386,071 38% 1,175,287 449,957 38% LEISURE SERVICES LIBRARY 2,518,134 1,033,143 41% 2,600,620 1,134,994 44% RECREATION 2,623,280 1,073,447 41% 2,771,735 1,294,415 47% FORESTRY & GROUNDS 1,647,828 646,650 39% 1,824,643 687,844 38% PARKS MAINTENANCE 2,212,820 986,147 45% 2,324,939 1,168,902 50% CRA REIMBURSABLE & RESERVE'_ - 280,144 0% - 211,628 0% Total Expenditures P=37 $ 31,129,554 43% $ 70,788,971 - $ - 3 3 5,626,21 0 50% Sao,(xX1 $7 537 570,000 ' 1 170.632 S60,0(X1 °'X a $61,352 $56,42% 550,000 ° X-' $51,766 $46,913 $40,(Xro .. $411,486 626 530.0(k $ , Y ,.✓ I 1,137 _ , $26,504 $31,130 $20,0(X) $18,275 $13,245 $16,670 X .w S10•(W1 $6,R5t '11,550 6,(W5 SO Oct N., Dec Jan Feb Mar Apr May Jun Jnl Aug Sep - -X -- Cumulative 09 Actual ... X.. Cumulative 10 Actual Budget 2010 'e RCp ft,U4 L N Financial Rep u,TY2009_2611) CB�dgd Re,i- - CF- Ih,. Mss, 10 1 Eq-dil- Summary R-krs d 4/12/2010 113 of 140 $ao.ogo r $2�l,euu $I1WW So I na Nnv me lnn Fch Mar Apr A4ny tun ]ul An7 Sep - X-- Cumulative 09 Actual .. Cumulative 10 Actual t Budget 2010 S: \FinancelFinancial Heporis \Monthly Financial Heporis \FY2009_2C 1 C1Budget Heview - U F - thru Mar 10 Su,,a,,,ed4C1 Hev Sum 114 of 140 a ie Two Year Cumulative Revenues Comparison and CFY Budget - (S in thousands) ��� EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Year) REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 15,715,140 $ 8,349,203 53% $ 12,100,000 $ 5,856,113 48% WATER CONNECTION FEE 80,000 8,475 11% 80,000 8,830 11% WATER SERVICE CHARGE 275,000 196,746 72% 200,000 130,695 65% WTR- BACKFLOW PREVNTR TEST 36,000 11,868 33% - 19,840 0 RECLAIMED WATER SALES 50,000 4,963 10% - - 0% SEWER SERVICE 15,675,150 7,607,176 49% 13,825,000 7,017,533 51% STORMWATER UTILITY FEE 3,315,000 1,723,813 52% 3,315,000 1,656,619 50% TELEVISE SEWER LINES 1,000 2,853 285% 10.000 - D% FEES 5,000 2,891 58% $0.000 - D% INTEREST INCOME 220,000 30,798 14% 840,000 109,917 13% SALE OF SURPLUS EQUIP. 1,000 - 0% 1,000 - D% OCEAN RGE UT TAX ADM CHG 500 327 65% 500 217 D% BAD DEBT RECOVERIES 1,500 925 62% 3,000 808 27% MISCELLANEOUS INCOME 22,000 5,848 27% 30 8,945 30% TRANSFER FROM 101,000 50,500 50 101,000 50 50% FUND BALANCE APPROPRIATED (INCR.) (2,464,037) (1,232,019) 501 4,887,153 2,443,577 501 TOTAL REVENUES $ 33 .034,253 $ 16,764,368 51% $ 35,442,653 $ 17,303,594 49% $ao.ogo r $2�l,euu $I1WW So I na Nnv me lnn Fch Mar Apr A4ny tun ]ul An7 Sep - X-- Cumulative 09 Actual .. Cumulative 10 Actual t Budget 2010 S: \FinancelFinancial Heporis \Monthly Financial Heporis \FY2009_2C 1 C1Budget Heview - U F - thru Mar 10 Su,,a,,,ed4C1 Hev Sum 114 of 140 a ie Two Year Cumulative Revenues Comparison and CFY Budget - (S in thousands) ��� EM RIMIM EM - -X -- Cumulative 09 Actual - - -X - -- Cumulative 10 Actual --*---Budge 2010 S:Tinance\Flnanclal Repo rtsVonthly Financial Reports \FY2009_2010 \Budget Review - OF - thru Mar 10 Surn— rized401 Exp Sum 115 of 140 Oct Nov Dec Jnn Feh M,, APT Mny Jun Jul Aug Sep EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2010 (50% of Fiscal Year) EXPENDITURES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,507,154 $ 656,217 44% $ 1,687,111 $ 730,508 43% PUBLIC WATER TREATMENT 6,516,602 2,727,171 42% 6,672,154 3,094,760 46% METER READING & SERVICES 1,051,402 391.588 37% 1,209,520 441,255 36% WASTEWATER COLLECTION 1,654,560 798,696 48% 1,794,768 800,370 45% WASTEWATER PUMPING STATNS 2,487,958 1,094,179 44% 2,574,901 1,135,979 44% SEWAGETREATMENT 3,421,600 1,522,607 44% 4,505,000 1,352,284 30% WATER QUALITY 572,069 252,839 44% 578,888 272,053 47% UTILITY ADMINISTRATION 1,884,606 733.997 39% 2,011,468 842,184 42% GENERAL ADMINISTRATION 5,525,535 2,634,678 48% 5,727,921 2,480,782 43% UTILITES ENGINEERING 1,220,704 530,997 43% 1,274,598 586,479 46% STORMWATER MAINTENANCE 614,239 267,780 44% 899,485 265,605 30% CUSTOMER RELATIONS 1,215,189 552,848 45% 1,202,174 562,122 47% DEBT SERVICE 5,362,635 2,700,045 50% 5,304,665 2,215,330 42% Total Expenditures 33,034,25 $ 3 $ 14,863,642 45% $ 35,442,653 $ 14,779,711 42% EM RIMIM EM - -X -- Cumulative 09 Actual - - -X - -- Cumulative 10 Actual --*---Budge 2010 S:Tinance\Flnanclal Repo rtsVonthly Financial Reports \FY2009_2010 \Budget Review - OF - thru Mar 10 Surn— rized401 Exp Sum 115 of 140 Oct Nov Dec Jnn Feh M,, APT Mny Jun Jul Aug Sep ifp #_1 NEW BUSINESS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discussion of City Commission Workshop /Retreat; formalization of Retreat Program Agenda. EXPLANATION OF REQUEST: When Mayor Rodriguez was elected, as part of his opening remarks at the City Commission meeting of March 16, 2010, Mayor Rodriguez expressed a desire to hold a team building Commission Retreat. Staff has been working on planning the retreat/workshop. We've tentatively identified Friday evening, May 21S (possible dinner function - evening only) and Saturday, May 22n (8:30 a.m. to 4:30 p.m.) for the event since both the preferred locations and the program presenters are available. The location of the dinner function is TBD (will be locally). The Saturday portion will take place at the Intracoastal Park Clubhouse. The anticipated cost of the retreat will be approximately $3,500 (including dinner). Funding is available in the City Commission business meeting budget line item. As required by Sunshine Law, the retreat will be advertised as a Special Meeting (workshop) where the public may attend but their participation be limited. A Recording Secretary will be present and minutes will be taken. The list of participants identified thus far: Mayor, Commissioners, City Manager, Assistant City Manager and the City Attorney. As the scope and agenda for the Workshop lies within the purview of the City Commission as a whole, staff is developing a tentative program agenda for the Commission's discussion and formalization. A subsequent retreat or meeting for goal setting can be set for a later date. 116 of 140 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Approximately $3500; funding available in City Commission Business Meeting account. ALTERNATIVES: Modify retreat agenda /date /time, etc. or do not plan a retreat. 117 of 140 `PA:1 NEW BUSINESS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/4/10 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration and approval for City Commissioner to attend the 18 Annual National League of Cities Leadership Summit in Philadelphia, Pennsylvania from September 23 -25, 2010. EXPLANATION OF REQUEST: In 2007 the City Commission adopted a travel policy via Resolution R07 -150 requiring City Commission travel requests to be approved by the City Commission prior to travel. A copy of the Resolution and travel policy are attached. Commissioner Woodrow Hay is requesting to attend the conference. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Conference literature: "the National League of Cities' Leadership Training Summit presents a unique program designed to enhance your success and understanding of your leadership role and responsibilities as an elected official." FISCAL IMPACT: Estimated travel expense per person: $1600.00 Registration (includes some meals) $595.00 Hotel for three nights @ $215 /night $645.00 Airfare $230.00 Misc. Expenses: additional meals /taxi svc. $130.00 Total estimated travel for one person: $1600.00 City Commission - Business Meeting - budget line item: The adopted FY09 /10 budget allocated $12,000 in this account. However, due to the need to reduce the budget 118 of 140 expenditures for the remainder of the year the account balance has been adjusted to $8,000. To date, $2,200 has been spent. This leaves an available balance of $5,800, of which, approximately $4,000 will be used to fund the Commission Workshop /Retreat. Therefore, $1800 remains in this line item, which is enough to send one Commissioner to the NLC Conference. ALTERNATIVES: Modify request or do not approve travel request. 119 of 140 City of Boynton Beach City Commission Date of Request: City Commission Member Attending: r�o� aC - -r�J �f,4y Conference Name: 4el;2, _dF C, L - s Conference Location: �A, 5 jhl,1 -xl14 Conference Purpose: 4 e42 e �S 0 f r�, l�/l2/ a /,t.t f, ia . Account to Charge: Dates of Travel & Attendance: Ja 4� vI o to Se, - L 2010 _ Cost of Conference: $ Cost of Travel: $ C3 . 0 0 Cost of Lodging: $ & �, < o e Cost of Car Rental: $ !>1�SG,np. Cost of-Fcr - Dram; $ TOTAL Approved by Finance Director: Date Approved by City Manager. NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Date Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract afl meals groyL fgr by conference attendance fee. 120 of 140 I i, 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND IPROVIDiNG AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; 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. That the City Commission of the City of Boynton Bcach does hereby establish a Travel policy, a copy of which is attached hereto as Exhibit "A ". ection 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4 . That this Resolution will become effective immediately upon passage. S:�CA%RES&Commisslgn Travel Polky.d,>C 1213!07 121 of 140 1 2 3 4 5 6 7 S 9 1a 11 lz 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 U 29 30 PASSED AND ADOPTED this 1JR day of December, 2007. CITY OF BOYNTON BEACH, FLORIDA ATTEST: I CMC Clerk S:VCAIKL'S0�CommlA3inn Travel PohoyAm 121V(17 122 of 140 Commissioner — Marlene Ross City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department, 4. Request per them fee In advance (subtract all conference meals covered by registration fee). C, Upon completion of Travel: 1. Complete the Travel Expense Report for out -of- pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Mall. Mileage reimbursement rate is $.485 per mile per IRS and City. If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City MLL NO pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. + Any expenses incurred over the maximum amount approved for breakfast, lundh or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. 123 of 140 City of Boynton Beach City Commission ON, Date of Request: _ City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE_ City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please sdbtmct all meals provided for by conference attendance fee. 2008 124 of 140 125 of 140 National League of Cities "06 Leadership Training Institute SCHEDULE OF EVEN IxuBlnoctochenpel W September 22nd 3 5:O0p.M. Registration Thu rsday. Seplarn e ff'Max?, Registration 9:00 -1 l:30 a.m. Leadership Training Council meeting (M Leadership Bookstore open Menibers only) 9:00- 5:30p.m. Leadership Bookstore open 12:00- 1:30p.in. Lunch 1:30 — 5:00 p.m. Opening Session Creating our Learning 'Lunch Community Where Liberty Dwells, There is My Country ,ar Carolyn Comitta, Theme Weover * Benjamin Fraaklin (Christupher Luwalti Leading lhi, Charge: Intentional Leadership - A Frederick Douglass (ti Norsell) ,Ir General Anthony C, Zioni An Evening in Philadelphia * Dr. Richard f Callahan 5:00 p.m. Welr:urning Reception Friday, Se 24th 7:30 a.m. Registration 7 :45a.ni, Continental Breakfast 8,00 — 5:30 p.m. Leadership Bookstore open 8 :30 — 4:30 p.m. GuestJSpouse Tour of Philadelphia area 8:30— 12.00 noon Developing Your Leadership Strategy * Dr. Ricl'rerd F. Callahan 12:00 -1:30 p. m. 'Lunch 1 :30 — 5.00 p.m. Where Liberty Dwells, There is My Country * Benjamin Fraaklin (Christupher Luwalti - A Frederick Douglass (ti Norsell) 5:00 p.rn. An Evening in Philadelphia Saturday, S 25th 7:45 n,m. Condabntal Breakfast 8:40 — 2 :04 p.m. Leaders] tip Bookstore open 8 :30 -12:40 noon Sustainable. Community a4 Dr. Vera D. Vegelwnq -t oombs 12100 -1:30 p.m. Lunch Summit concludes WHERE LIBERTY D WELLS, ECHOING THE FOUkDERS X The fou'ndars of ourcou�t thcughtful leaders who took fine to ccnsicler the impact of their words pnd actions rEaCh dretz'af the F1ec Indcper dehce and.Gonstitution look into @ccourt the many aspects of society. They too & valpatil9 t me fo'tlebate in�,'reflsFt upon their daces S choose hvavthey wanted ro shpc the newly forming Dnitcd States. Consciulisne4s o` a Icadr i hnpacts cvcry'decision a ery canvcrsatlon. evrry icadership moment E +requlresl to knourthem lVes tp 4e tee. fo&g actions Thar we appmpriaLelyaIignstl .80ttinq there is oat always sasy. Now tie paopie :cteate.conscmusaess ut lead�erst4ip? � Successful leaders will always adapt, build upon their,expt:rlenctt, and change their approach tol rship. l gbrr: how 6 grows,e your coultnitment and ability to cream important ralationships while adding value to the lives Of 11705,0 you lead ands ryEi Learn to; uifd tr6Stthrc sunal integrity, define and articulate a coripell+ng,vision, ch'a(lenge and inspi a fur rosuls 4EADING THE-CHARGE: INTEN7lONA 1EA11ERSHlP Become inientienal snout how you dcicloF'as a leader, positivelv,infuence others and best serve Leaders intent onally invite chaagd ;they oncnui not"as en`aceident, bQt.by desjg ,, In the r o fd of leadership aractioes, Ynis is rccapnized as theskidseto 3tratey,wltluh is'notthc gemt as strateglpi Rather, j! i5 learning an aaplidd'strat gy model Ieac�Qrs'aauaufg mensuret ld outcomes, through the apple etton,of suffictaen:a5sets leveraged tnloui dd oehaviors that when complete t +ill ychi'cyc those otitaorees' 'Using a skill sot of strategy vile help facdnate a'leader tQ D, lerFamc t}ic natural Y28i ' �h nga,'hy marshalling assets and instituting t{ehavrdrs ren7nlitttid'to cf an,e. e :..: 126 of 140 PRESENTERS Carolyn Camilla is the new Mayor of WeSt Chcstet PP,nnsylveaia. She has servoc m a West Chester Bornngh r :onncil Member after being alHCtP.d tr cmtnC.il in 20EB. Cumitta lies sur.ud as Chair of 13c ouch Cuunud's Public Safety Committee; chaired the F' :annnig, Zoning, Business & Indlstriaj Dovelopment 11`7R.Di Cnnlmiurre 2006; and served on the C,nlmrirs Parks, HucruaLiun aril Cnvirorlmontln Protection CurrmiiCee, and PZDID Currmiiltea. Prier to being uluctuC to council, Cnmitta worked with the Dcterara Area School District, Chester County, PA serving us u uuiricu- lum Specialist and Tnar.hnr from 1970. - 1!1135. She was appumlud to lhu Ndtiuual Lague of Cities' Lvudrr Trip iruinlng Couvcil .q 2UU6 and Cominon to serve on the Ll'C uuinviia= Retired General Arthom! C Jinni is President, CEO, and Chuilman of 'j' "r IM Board of RAF. System•, >, Inc. General Ziruu -utira(l from the mdi y 'yk lwy of 2000 dear cbnlrnanding the US Contra) Command. Hu joined the Marine Corp ^s''la'.00n Leader Class prmgrant in 1961 and was rommimiered an Infantry scuund lieutenant in 1965 upon graduation „ E itunlVillnnova University. Oene ral Z.inni has participated in presiden- tial diplomatic missions tg 5pmalia, Pakistan, LLhiupia, and Lrdraa, end State Dapartnlent rnissions involving the Israeli Palestinian conflict and conflicts In IndunOSia and the Phllippinas, Gonoral Zinn. wax the Terry Sanford toCillrer in Rcskdenr,P and Visiting Professor nt Public Policy Studios at Duke Universiry and currentbf Ilulds the Frank H.T. Rhodes Class of 'b6 Profesgnrshlp at Curnull University. His later; honk "Lauding the Chargo wiz r4I this past August. Itiulmrd F. Callahan is Associate Dean and Diruclur of State Capital and leadership Prupiams a- 1110 USC State Cap'dul Centel In k { Sacramcnla Cdr Since 1998, I's has directed the delivery of gradu- e nnual ate decree prngru:ns m Sucramonto, with 35 clan s a ty, as .i.rj well as directing in the past year, six leadership trutrling programs, designed and nresaKed by USC, for' state government axsCUCfvcs; nuwiy elected local officials and sfalf; regional govergment; nonpruld and uuunly br alth oxetwives; county mental health P,ecldivus; and legislative staff from across the United States, wurki% with ovor ego exauucveS in leadership programs. Callahan has over 12 years of local govufnmont and cminty govemnlcnt expciience, inchiding 5 years as a tcwnanip administrator far a $35 rnilhon annual operating budget in addition, ho has designed and implemented a range Of Flaw local g1Jv8'oft10ht programs. Clrisiupho Lowell hike Beniamin Franklin) has been a xachorlactor for nvor 40 years. Chris taught and acted in Ph ladelphia lot six years. And in Fiuncu, he taught in 9rittarty, the regiur whore Boo Franklin lirst touched French soil in DecP,mbar of 17:'6, For six years, he taughttneater at the 111 „versify ulCldmadn- Colgredn Spring Now retired from ui iversity teaChinl , Chris USUs his energy and enthusiasm to bring etc uAraurdmury Ilfu end accomph$1 - ir S of Ben Franklin to audiences across the rcunlry. like Benjamin Prunklin, Chlis has IiVed many years In Pennsylvania, Inver Paris, and has a purtiuuler fondness for Rordeaux vvinpi. Unlike Bur. Clidu is do.idodly NOT handy With topls and has had a rather spoclartdar failure rate, atflying kites. Fred Morsell'Slaka I rederiukDouglassl professignatacting gasser spans mare than thirty -eight years. Acclaimed acruss die United State: for his portrayal ul Fredurick Douglass, lalorsell pelfurrned a: malty of the nation's Frederick Douglass centennial celebra- y�i tiers, staged throughout 1995, most notably as the performer of choice to the National Park Sewira Celebrations in Washington, O.C. In' 199a, he was featured on the DILL MOVERS JOURNAI„ delivering Frederick DougLaaa' last great speech, "THE LESSON OF THE HOUR.” Since 1984, Frer. Morscll has be> cirri a scholar on the life and tinius of Frederick Douglass. He performs IIIs one - man; fwo-act play, PRESENTING MR FREVF.RICK DUUGLASS tot Collages, ano delivers speeches by rudorick 1101.IUI2SS all nvar the, country. Dr. Vera Vugetsung•Cuombs is a political ncientist who 100uializs's in public administration; she servus as Ooan and Associate. Professor at Cleveland State University. Elie is a recognized expert in the areas of mayoral and city council lcadcrship, city manage - ri publiu adminis7ation, porformanco measurement and derri - ocratic governance. Prior td becoming Doan, showas the director of the Vista- of Public Administration iMPAI Program at the Maxine Good•nun Levin Slile 'go '.a'. Urban Affairs of Cleveland State Universiry. US News and World Report has ranked the.MPA Program as x2 in the nation in city managomont and urban policy. Sire also was the director of I.ca dor%hip Programs at the Levin College of Utbar Atta its at Cleveland State University. M r A redeeming quality of our fasl laced world- that loaders are i i9 likely „ got% ba dcflnnd by' ana one moment forever. Consequently, thc'Icadcrship style J. that.you'use today does not need'4o be'the iraoiework or styia flatadu have to usotoinorruW li is V laodgr's,pglsonal experience chat bt :apes t'aerrl as 6leadar, crea InA,a framowork frum.whlch thoySCfsn t:ontirlto develop J &V60ING LEADERSHIFSKILLS Build on'the premise drat Icadership'chapanga5 in dlfferall', circumstances Cull far dlfferentlypBs of le?defshlp abilities. Engage in skill developrrfentth,l will add hasr practices atvarious ievais of lead'arship including Indiv.id cal team it stltll44n 1 Afg'sr,izatidnal,•add Community. Dev,aizp now skills tliatvjill lade upon your_expegisa and that can be appliod to yCIur own real world challenges. Loafn to pse kliowdedgo and understanding wisely, ;yin renowned atlt'lors and leadership scholars 95 you engage in a unique, reflective progr8T that yjll )sale yoide ypurwork and leadership in local govenlment Insiflhiflll learning cxpericnces will provide you the opportunity to reflect, recognize and appreciate what. you Y can do to enhance y our success as a municip Isader tf]iscavar flow to fp. ".175 your efforts and grasp Pew ideas and insights, Hs youlni VO nbilityto aohieve results is your cornmur,ity, Revitalize yet r dcdicalion to leadcrsh`p in a d ','llallllo prOgra: n that Will 4rir,g a rer.uwed Sense of energy, opmmitment, and enthusiasm to your 1'0le aS a local leader. t coRE O&WETENCy 611 Credits in the Certificate of Achievement in Lcadcrshm program 5 127 of 140 m f;(.)PY THIS Ftlrirll AS NE',I iJ FOR ADI) ITIONAI. RI.iY15I RANTS Na ne Spc,uselGuesl NaniY R4'qiStrOtIOl7 FUI'rl'I: Floor eserdirig City oh 3un't Gulay, Rcyister Fiiflyll NLC Mombcrs arc oligibm tc -- apply for the Miclmcl H. T. Lynch s::hulorsltip, Please cur. Address; tact the Loadersnip raiding I ❑stitutc for morc tlformation. CitvlSt3tcr2ip: __ Bey istration Tires Area CodorPhone F; Fax fc eck apprailriate h(Mm beldwc Participant E -mai.: Pro- Hcgistralion faxed or pnshaarked by January 31, 201(1} , iJ 8595 Ma-nber Coy ❑ $745 Nan- I'.AHmIm'r City Clark E -moil: iJ S Spuuseir;ue st Fee Spacial Needs: Early Registration (taxed orpostmarkcd by April 1, 20101 Crwlit Caid Authuriz;TrlCn D $695 '4cmboi City U 5845 Nun Maribor City I�t $x45 SpousciGucstroc NLC is authorized to use the Credit nitro I)tlow to pay my registration fees. UvancaRcgistration Amex/Visa ?MaslerCordNumber: -.._— ExP Date___.,. (faxcd or poslmtrrked by Auqusl 15, 2011)} U $795 Member City IJ $945 Ncn -M umber City Cord hlnlder Namo. - --- . - — _ U $245 SPouSCISUCSt FCC Card Holdor Sianatura Late Registration Ilaxud ur p=rnim rked i[(er Auqust 15, 21101 iJ S595 Mcmbcr City U 51045 Nan - Member City rJ 5295 Spouso (Inst Foe -.. .. Total Registration Fees submitted NOT A MEMRRR OF NLC? Contact NLC Member Rotations at 1202) 626 -3103 to find out how to became a mcmbai city and save on your 1agistiatioe. National League of Cities 1301 Pennsylvania Avenue N VVushinglon, DC 20004 HOW TO REGISTER 1.) To register 5y credit card... a. Cottipletethe registrationtorm and inc'udo your credit card information b. Fax your regisiraliun forin to (2021626 2.) To register by chec't or purchase order... a. Foxycui competed registration farm . and a cagy of your chock or purc!iase ardor to 1202) 020 -3043 b. Attach a COPY of your registration farm with a Check made payable to NLC a , )d mail to... N(i iortel League of Cities 18th Annutil I.aadarsNp Summit 1301 Ponnsyhrania Ave. NW, Suhe 550 Washinglan, DC 20004 Copy 'I'll la rorin ea Needed rdr Addltirinat Begistram 3.1 Make your room reservation clrep0y with ;ho Hyatt at the Bellevue hotel before Auqust 15th by cal ling (800) 776 -7477 or 1215) B83 -1234. Guest Room Rate for Standard KingAtlueen,,, $178 Club Level.,, $7.70 Chock•:n: 4:00 pm Check -out Noon 4 .) Make your travel resarvalions. Hyatt attho Bellovuo'late! is o lot,t 15 miles from Phlladetphia International Airport. Transportation is available outside baggago claim with taxi cr shuttle. Rdgisteption Cangellation Policy; All requests to cancel a registration must be submlt- tod in w•iting by August 15, 2010, to mceivea relund. All cancellations are subject to a 575.00 processing lee. Telephone cancellations cannot be accepted, Suhmlty ritten cancellation roquestto Lie $trmmit c. +o Natonai Laaguc of Cities. Nan- Prclit 17rg. LI.S. Pcslage PAID Permit No. 231 Melri'icld, VA 128 of 140 12. C NEW BUSINESS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course EXPLANATION OF REQUEST: Commissioner Holzman has requested that the City consider research of possible use of the vacant landfill property east of the Links for a renewable energy source such as a solar array or windmill farm to provide energy to city facilities and possibly sell kilowatts back to FPL. The landfill is approximately 40.2 acres and is bounded on the west side by the Links, the south and east sides are bounded by canals, and the northern side is bounded by residential. (See Map Exhibit A). The landfill was in operation from 1958 through 1983. The City obtained the 40 -acre parcel from Palm Beach County in 1958 and it was used as an open landfill that accepted most types of waste, including septic sludge and household refuse. In 1976, the disposal of septic sludge was discontinued. In May of 1977, the City discontinued the use of the parcel as a sanitary landfill and continued to use an 8 -acre area contained within the 40 -acre parcel as a trash composting facility that was in operation from August 1977 to July 1983. In early 1984 the city decided to close the old landfill and in 1986 a hydro - geologic investigation was prepared to evaluate using the landfill for a nine -hole expansion of the Golf Course. In 1988 a site screening investigation was conducted which indicated the presence of metal, organic, and pesticide contamination in the surficial aquifer underlying the site. On February 28, 1992, the existing landfill cover was installed and the site remains unchanged since that time. 129 of 140 Then in March 2007, the City Commission approved an environmental study to be done by the Florida Department of Environmental Protection (FDEP). The golf course site and landfill were evaluated to determine the possible uses of these areas in the hope of moving the golf course to the landfill and using the existing golf course area for residential housing. Based on the results of the study, the findings indicated soil and groundwater chemical concentrations at the golf course were elevated to levels above Florida Residential SCTL (Soil Cleanup Target Levels) and Florida GCTL (Groundwater Cleanup Target Levels). Further actions were deemed necessary before residential housing could be considered for this site and the project was rejected. The U.S. Department of Energy, Energy Efficiency and Renewable Energy Office (EERE) believes that investing in clean energy technologies will strengthen the economy, protect the environment, and reduce dependence on foreign oil, and that local governments can show leadership by integrating renewable energy technologies into government facilities and properties. Leading by example is an excellent way to ignite a local solar energy industry and encourage residents and business owners to adopt renewable energy systems. The EERE has created a guide for local governments which gives a step -by -step roadmap for incorporating renewable energy technologies. First a professional site assessment should be completed. Next, other local agencies should be identified for potential partnerships. Identifying appropriate financing mechanisms is crucial, and there are several options including, but not limited to, tax - exempt bonds, clean renewable energy bonds (CREBs), qualified energy conservation bonds (QECBs), energy service performance contracts (ESPC), power purchase agreements (PPA), and state and federal grants as they become available. And the final step is to create the RFP /RFQ (of which there are several best - practice models) and evaluate proposals from multiple renewable energy developers. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Renewable energy technologies such as a solar array or windmill farm has the potential to power government facilities as well as creating excess kilowatts that could be sold back to the local energy provider. FISCAL IMPACT: A municipal solar array or windmill farm has the potential to reduce energy bills and create revenue. ALTERNATIVES: Not to move forward with research for alternative land use for the landfill property at this time. 130 of 140 Old w =i. - LWOD L-20 CANAL LEGEND ■ Watedevel Control Structures N i 131 of 140 12. D NEW BUSINESS May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ I CONSENT AGENDA ❑ I LEGAL ❑ BIDS AND PURCHASES OVER $100, 000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of meeting time change for Regular City Commission meetings. EXPLANATION OF REQUEST: Per the request of Commissioner Orlove, the City Commission is asked to consider changing the meeting time of the Regular City Commission meetings from 6:30 p.m. to 5:30 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will have no discernable affect on city programs or services. FISCAL IMPACT: This will have no fiscal impact. ALTERNATIVES: Not to consider changing the meeting time of the Regular City Commission meetings. 132 of 140 WWWA1 LEGAL May 4, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: May 4, 2010 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F1 FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ I CONSENT AGENDA ® I LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE 10 -008 - SECOND READING - Request code amendment (CDRV 10 -001) to add "Amusement Arcade" to the C -2 (Neighborhood Commercial) zoning district as a conditional use. Applicant: City-initiated.. EXPLANATION OF REQUEST: On March 2, 2010 staff presented the subject amendment to the City Commission for preliminary review. The Commission unanimously voted to forward the item to the Planning and Development Board for review, and approved the First Reading of Ordinance on April 20 The Planning and Development Board reviewed the proposed amendment on March 23, 2010 and forwarded it with a recommendation for approval. Amusement Arcades are currently an allowable use in the C -3 (Community Commercial), C -4 (General Commercial) and PCD (Planned Commercial Development) zoning districts, under the group heading of "Indoor Recreational Facilities ". The consideration for this amendment has been prompted by the inquiry of a potential tenant who is interested in operating an Amusement Arcade on property zoned C -2, Neighborhood Commercial, and was therefore considering filing an application to rezone the property to C -3, Community Commercial. Alternatively, staff proposes the text amendment which would allow the property to be maintained in the more appropriate C -2 Zoning District. Staff has reviewed the impacts associated with this use, and recommends such businesses be allowed as Conditional Uses in the C -2, Neighborhood Commercial Zoning District. Staff also recommends the following standards and provisions: the use be limited to 5,000 square feet of gross floor area; they be allowed only in multi- tenant centers on parcels abutting arterial roadways; and the use group "Indoor Recreational Facilities" only include amusement arcade uses. This use category, as currently allowed in the C -3 Zoning District, consists of several 133 of 140 additional uses such as bowling alleys, skating rinks, and shooting ranges. Such uses are excluded from the subject amendment for the C -2 Zoning District as they are more intense uses that typically serve a greater area than just the local neighborhoods. It should be noted that subsequent to both preliminary review by the Commission and the Board's hearing, staff has modified the proposed code amendments based on further review of Florida Statutes and discussions with the City Attorney's office. The subsequent changes are as follows: to rename the use from "Adult Arcade" as it is commonly known in the region, to "amusement arcade "; to insert a reference and requirement for compliance with Florida Statutes Ch. 849, and to amend the current definition for "amusement arcade" to include the same reference to provisions within Florida Law. The reasons for the name change are intended to increase compatibility with state law (Chapter 849 uses the term "Arcade Amusement Centers "), and to use terminology consistent with current city regulations. Also by not using the word "Adult" in the title we eliminate a negative connotation and disassociate it from adult entertainment uses. Said changes are included accordingly within the accompanying ordinance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Deny the code review and limit uses to the C -3 Zoning District. 134 of 140 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE H, "DEFINITIONS" TO INCORPORATE SECTION 849.161, FLORIDA STATUTES; AMENDING CHAPTER 2, SECTION 6.B.1 "C -2 NEIGHBORHOOD COMMERCIAL DISTRICT ", BY ADDING A SUB - SECTION (VV) TO ALLOW FOR INDOOR RECREATIONAL FACILITIES; AMENDING CHAPTER 2, SECTION 6.C.LM. (1) "C -3 COMMUNITY COMMERCIAL DISTRICT ", BY ADDING "AMUSEMENT ARCADE" TO THE LIST OF PERMITTED USES IN ORDER TO PROVIDE CLARIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, this amendment has been prompted by the inquiry of a potential tenant who is interested in operating an Amusement Arcade on property zoned C -2, Neighborhood Commercial; and WHEREAS, City staff has reviewed the impacts associated with this use and has proposed the text amendment which would allow the property to be maintained in the more appropriate C -2 Zoning District rather than rezone the property to C -3; and WHEREAS, the City Commission has considered staff s recommendations and reports, and determines and finds that it would be appropriate to amend the Land Development Regulation to reflect this addition; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, General Provisions, Article II, Definitions of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming, pinball, or similar player- operated amusement devicesmachines, in any combination. This definition specifically incorporates those machines described in Section 849.161, Florida Statutes. 135 of 140 Section3. Chapter 2, Section 6.13.1 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: vv. Indoor Recreational Facilities *, limited to: Amusement Arcades. Each business shall not exceed a maximum of 5, 000 square feet of dross floor area and shall be only Permitted in a shopping plaza located on an arterial roadway. All Amusement Arcades shall comply with all requirements of Chapter 849, Florida ,Statutes. * Indicates that Conditional Use approval is required. Section 4 . Chapter 2, Section 6.C.l.m.(1) of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: C. C -3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. * * * (1) Indoor recreational facilities, including nightclubs,* bowling alleys, billiard halls, health clubs /gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars /lounges and musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. Indoor recreational facilities other than those which are listed above conditional uses( *). All Amusement Arcades shall comply with requirements of Chapter 849, Florida Statutes. Section 5. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. 136 of 140 Section 7. 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 8. Authority is hereby given to codify this Ordinance Section 9. This ordinance shall become effective immediately. FIRST READING this day of 1 2010. SECOND, FINAL READING AND PASSAGE this day of 1 2010. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, MMC City Cleric (Corporate Seal) Mayor — Jose Rodriguez Vice Mayor — Marlene Ross Commissioner — William Orlove Commissioner — Woodrow L. Hay Commissioner — Steven Holzman 137 of 140 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10 -010 TO: Mayor and City Commission FROM: Ed Breese Principal Planner THROUGH: Michael Rumpf Planning and Zoning Director DATE: April 13, 2010 RE: Amusement Arcade use in C -2 (CDRV 10 -001) Interim amendments to Land Development Regulations NATURE OF REQUEST Staff is considering interim amendments to the Land Development Regulations (LDR) involving the zoning districts in which Amusement Arcades are allowed. The consideration for this amendment has been prompted by the inquiry of a potential tenant who is interested in operating an Amusement Arcade under the guidelines of Florida State Statutes Chapter 849, on property zoned C -2, Neighborhood Commercial. Amusement Arcades are currently an allowable use in the C -3 (Community Commercial), C -4 (General Commercial) and PCD (Planned Commercial Development) zoning districts, under the group heading of "Indoor Recreational Facilities ". BACKGROUND Amusement Arcades are a long established use in most municipal zoning codes, typified by video games and pinball machines. A new wave of Amusement Arcades involves the playing of a game or machine to receive points or coupons, which may be redeemed for non -cash prizes, such as gift cards to restaurants or retail stores. These new style of Amusement Arcades are regulated under the guidelines of Florida State Statutes Chapter 849, in order to differentiate such uses from gambling operations (also regulated by state law). Staff began seeing requests for this type of business within the last two (2) years, and was terming them "Adult Arcades ". Staff began this proposed amendment to the code utilizing the term "Adult Arcades ", in an effort to differentiate this new use from the long established use. After further review of Florida Statutes and discussions with the City Attorney's office, the language was modified to the generic "Amusement Arcade ", and to include reference to State Statute for differentiation purposes. There are currently two (2) Amusement Arcade businesses subject to Florida State Statutes Chapter 849 operating within the City. One is located in the Catalina Center on Congress Avenue and the other is located at Boynton Billiards, at 1950 South Federal Highway. There was previously another such business located on South Federal Highway that has discontinued operating. One more is proposed at the Boynton Beach Mall. Planning staff has not received any complaints regarding the operation of these new type of businesses 138 of 140 or any external impacts on other businesses or residential properties. Staff has checked Police records to find that these uses have not had above average calls for service. Also, from this preliminary review, staff concludes that these businesses tend to operate like any other retail establishment relative to hours, parking demand, and noise. As previously noted, Amusement Arcades are currently an allowable use in the C -3 (Community Commercial), C -4 (General Commercial) and PCD (Planned Commercial Development) zoning districts, under the heading of "Indoor Recreational Facilities ". The most recent request is for one to locate in a shopping center zoned C -2, Neighborhood Commercial, in which the use is not currently allowed. One consideration is to rezone the property to C -3 (Community Commercial). However, staff views that option as a potential "spot zoning ", where the zoning on the property would be out of context with the surrounding uses and existing zoning. Rezoning to C -3 would also allow a greater number of more intense commercial uses, deemed inconsistent for the area. Staff believes the more appropriate course of action would be to allow this particular use as a Conditional Use in the C -2, Neighborhood Commercial zoning district, in order that any external impacts can be evaluated on an individual basis, and that additional conditions may be placed on the approval, as necessary to ensure land use compatibility. Staff also suggests the use be limited to a maximum of 5,000 square feet, and that it only be allowed on parcels abutting arterial roadways and in multi- tenant centers, similar to the locations where the use is allowed in the code today, in the more intense commercial zoning districts. These restrictions should provide greater compatibility with surrounding uses. On March 2, 2010, staff presented the proposed amendment to the City Commission for preliminary consideration and direction. The City Commission, with a 4 -0 vote, directed staff to continue work on the draft amendment and forward it to the Planning & Development Board for their recommendation. The Planning & Zoning Board, at their March 23, 2010 meeting recommended the City Commission approve the amendment to the Land development Regulations. PROPOSED AMENDMENTS Existing regulations: As noted above, Amusement Arcades are currently allowable uses in the C -3 (Community Commercial), C -4 (General Commercial) and PCD (Planned Commercial Development) zoning districts, under the heading of "Indoor Recreational Facilities ". "Indoor Recreational Facilities ", as allowed in the C -3, Community Commercial zoning district, currently permits bowling alleys, billiard parlors, health clubs, skating rinks, amusement arcades, etc. Proposed regulations: As part of its analysis, staff has reviewed the impacts associated with this use, and recommends such uses be allowed as Conditional Uses in the C -2, Neighborhood Commercial zoning district, be limited to a maximum of 5,000 square feet of gross floor area, only allowed on parcels abutting arterial roadways and in multi- tenant centers, and that it be the only uses listed under the heading of "Indoor Recreational Facilities" within the C -2 zoning district, as the remaining uses listed under that heading are more intense commercial uses, and are more consistent with the purpose and locations of the C -3, Community Commercial zoning district. 139 of 140 As a result, staff recommends the following amendments to the Land Development Regulations: • Amend the C -2 district regulations as follows: Part III, Chapter 2, Section 6.13.1., add vu Indoor Recreational Facilities *, limited to Amusement Arcades. Each business shall not exceed a maximum of 5,000 square feet of zross floor area and shall be only permitted in a shoppinjz plaza located on an arterial roadway. All Amusement Arcades shall comply with all requirements of Chapter 849, Florida Statutes. " *" Indicates that Conditional Use approval is required. • Amend the C -3 district regulations as follows: Part III, Chapter 2, Section 6.C.l.m.(1), m. Recreational Facilities: (1) Indoor Recreational facilities — add the sentence, All Amusement Arcades shall comply with all requirements of Chapter 849, Florida Statutes. • Amend the definition of Amusement Arcade as follows: Part III, Chapter 1 General Provisions, Article IL Definitions: AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming, pinball, or similar player- operated amusement devices, in any combination. This definition specifically incorporates those machines described in Section 849.161, Florida Statutes. RECOMMENDATION Staff recommends that the proposed interim amendments to Land Development Regulations be approved, and that the proposed f iture zoning use matrix be amended to correspond with the Commission's action. S:', Planning ,SHARED WP`,SPECPROJ`,CODE REVIEW CDRV 10 -001 amusement Arcades in C -2 (3).doc 140 of 140