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Agenda 07-20-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 20, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 513 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation 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 Carolyn Sims Center Annual Family Day Picnic to be held on Saturday, July 31, 2010 from 10:00 a.m. - 7:00 p.m. B. Presentation and discussion of the newly established Palm Beach County Commission on Ethics by Alan S. Johnson, Executive Director of the Commission on Ethics C. Accept presentation of the final City of Boynton Beach Climate Action Plan and schedule a date certain workshop for implementation and policy direction. Presentation given by Nancy Byrne, Assistant Director of Development 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes of the Regular City Commission meeting held on July 6, 2010. 3 of 513 PROPOSED RESOLUTION NO. R10-091 B. - Approve amendment to the contract due to a change order requested by Burke Construction Group, Inc. in the amount of $33,317.79 for increased installation costs of Sky Shade pavilions as part of the Boat Club Park renovation. The revised contract amount will be $254,217.79 with the same original contingency of $22,090 (now 8.7%) for a total project construction cost of $276,307.79. Bid# 065-2730-09/CJD. PROPOSED RESOLUTION NO. R10-092 C. - Approve an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. D. Accept the written report to the Commission for purchases over $10,000.00 for the month of June 2010. PROPOSED RESOLUTION NO. R10-093 E. - Support the Inclusion of Galaxy School Reconstruction in FY2011 Capital Improvement Budget for the Palm Beach County School District PROPOSED RESOLUTION NO. R10-094 F. - Award a contract for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" (RFP 046-1610-10/CJD), to "CIGNA, Option 2, Revised" for medical insurance with a plan year of October 1, 2010 through September 30, 2011 PROPOSED RESOLUTION NO. R10-095 - Approve renewal of the City's Dental plan with Humana Comp Benefits for fiscal year 2010/2011. PROPOSED RESOLUTION NO. R10-096 - Approve renewal of the City's Vision plan with Humana Comp Benefits for fiscal year 2010/2011 PROPOSED RESOLUTION NO. R10-097 - Approve renewal of the City's Life/AD&D insurance with Hartford Life for fiscal year 2010/2011 G. Approve a Fire Rescue reorganization as follows: a) Approve the reclassification of a budgeted vacant Administration and Finance Officer position from a Pay Grade 34 to a Pay Grade 30. b) Approve the reclassification of the incumbent in the Community Relations Specialist Pay Grade 24 position to a Community Relations Specialist/Emergency Manager, Pay Grade 30 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R10-098 A. - Approve Contract for "BARTON GREENWAY AND PALMETTO GREENWAY EXPANSION" Bid # 041-2710-10/CJD with WEST CONSTRUCTION, INC. of Lake Worth, Florida, in the amount of : $347,527.14 plus a 10% contingency of $34,752 for a total expenditure of $382,279.14. PROPOSED RESOLUTION NO. R10-099 B. requires the following actions: (1) Confirm waiver of the formal bid requirement for construction projects in excess of $75,000, 4 of 513 (2) Approve piggy-back of a contract between FP&L & Felix Associates in the amount of $3,109,870 to install approximately 7,100 feet of 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, along Boynton Beach Blvd. and Military Trail to Woolbright Road, and (3) Authorize a 10% contingency in the amount of $310,987 for a total encumbrance of $3,420,857. C. Requested action is threefold to purchase pipe for the installation of a new raw water main along Military Trail and Boynton Beach Blvd. for Section A of the Wellfield Interconnect Project: (1) Waive the City's formal bid requirement for the acquisition of goods or materials that cost more than $25,000 due to the unique nature and urgent need for the materials, (2) Authorize staff to obtain at least three (3) written quotes in lieu of formal bids, (3) Approve the resulting pre-purchase of 36-inch American Ductile Iron Pipe through Ferguson Waterworks in the net amount of $844,467.80 after a deduction of a $47,250.00 shipping quotation. 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. TABLED ON JUNE 15, 2010 A. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe B. Approve the draft version of a portion of Group 8 of the rewrite of the Land Development Regulations, including, in part, administration, the concurrency regulations, Wireless Communications Facilities (WCF), as well as new provisions providing for an expeditious means of modifying an existing development order. Applicant: City initiated. PROPOSED ORDINANCE NO. 10-016 - FIRST READING C. - Approve an Ordinance creating Section 18-184.2 of the Firefighters' Retirement Plan providing for a supplemental benefit to be funded entirely with available Chapter 175, Florida Statutes, excess premium tax revenue. 10. CITY MANAGER’S REPORT None 5 of 513 11. FUTURE AGENDA ITEMS A. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (August 3, 2010) B. Appoint members to 7-member independent Community Redevelopment Agency Board (August 3, 2010) C. Report on Comment Cards for use at City Commission Meetings (August 3, 2010) D. Discussion on Sale/Transfer of WXEL (August 3, 2010). E. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) F. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers G. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers H. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 10-015 - SECOND READING A. - Approve the revised Red Light Camera Ordinance PROPOSED ORDINANCE NO. 10-017 - FIRST READING B. - titled "Live Entertainment Permits" (Exhibit "A") PROPOSED ORDINANCE NO. 10-018 - FIRST READING C. - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") 14. UNFINISHED BUSINESS A. Review current practices for City Commission expense allowance. B. Review and update of CRA Application process and timeline. Request to consider establishment of Advisory Board for CRA. 6 of 513 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 MAD E, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY- FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMO DATE 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 T HE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 513 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the Carolyn Sims Center Annual Family EQUESTED CTION BY ITY OMMISSION Day Picnic to be held on Saturday, July 31, 2010 from 10:00 a.m. - 7:00 p.m. ER: Please join friends and family as we celebrate and advocate XPLANATION OF EQUEST Recreation and Parks during the month of July with a fun-filled day of activities, music, and food at the Annual Carolyn Sims Center Family Day Picnic to be held at the Carolyn Sims th Center at Wilson Park located at 225 NW 12 Avenue in Boynton Beach. The event will be from 10:00 a.m. – 7:00 p.m. on July 31, 2010 and will also include a bounce house, face painting, prizes and entertainment throughout the day provided by DJ Rickship. Please join us for this special summer family event, planned in conjunction with the Boynton Beach CRA. H? Raise awareness of Recreation and Parks OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES month, the Carolyn Sims Center at Wilson Park, and promote a sense of community through recreation and fun-filled activities. FI: None. ISCAL MPACT A: Not to allow announcement. LTERNATIVES 8 of 513 9 of 513 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation and discussion of the newly established Palm EQUESTED CTION BY ITY OMMISSION Beach County Commission on Ethics by Alan S. Johnson, Executive Director of the Commission on Ethics ER Alan S. Johnson, Executive Director of the newly established Palm XPLANATION OF EQUEST Beach County Commission on Ethics will present an educational program to answer questions about the roles of the Commission on Ethics and the Inspector General. This outreach is educational only and is not intended to advocate any position related to the county-wide charter amendment on the November 2010 ballot. H? This presentation will have no direct effect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES on city programs or services. It is meant to inform and educate the public and will offer an opportunity for the City Commission to ask questions about the Palm Beach County Commission on Ethics, the new ethics ordinance, and discuss whether or not the City should join the county’s ethics program early. See alternatives noted below. FI: TBA Pending decision on local code vs. County code or none. ISCAL MPACT A: 1. Do nothing and take action on the ethics code if the referendum passes in LTERNATIVES November 2010. 2. Request staff to research early participation in the County’s ethics code before the November 2010 referendum. 3. Amend the City’s Code to provide a local ethics code. 10 of 513 11 of 513 12 of 513 13 of 513 14 of 513 15 of 513 16 of 513 17 of 513 18 of 513 19 of 513 20 of 513 21 of 513 22 of 513 23 of 513 24 of 513 25 of 513 26 of 513 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept presentation of the final City of Boynton Beach EQUESTED CTION BY ITY OMMISSION Climate Action Plan and schedule a date certain workshop for implementation and policy direction. Presentation given by Nancy Byrne, Assistant Director of Development ER: This is the final Climate Action Plan as authorized by the City XPLANATION OF EQUEST Commission during the April 20 and June 15, 2010 meetings. Attached is a draft of the informational/educational brochure that will be made available to the public. The printed and bound final Climate Action Plan document will be made available to you at the meeting. H? With City Commission acceptance of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES final Climate Action Plan, staff will schedule a workshop with City Commission to establish policy and implementation priorities and answer any questions. Following the workshop staff will ask the City Commission to formally adopt the Climate Action Plan and implementation policies, and allow staff to begin a public awareness campaign for energy efficiency and conservation. FI: None at this time ISCAL MPACT A: Do not accept the final Climate Action Plan or schedule a LTERNATIVES policy/implementation workshop. 27 of 513 28 of 513 29 of 513 30 of 513 31 of 513 32 of 513 33 of 513 34 of 513 35 of 513 36 of 513 37 of 513 38 of 513 39 of 513 40 of 513 41 of 513 42 of 513 43 of 513 44 of 513 45 of 513 46 of 513 47 of 513 5. A ADMINISTRATIVE July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: JULY 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 48 of 513 49 of 513 50 of 513 6. A CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes of the Regular City Commission EQUESTED CTION BY ITY OMMISSION meeting held on July 6, 2010. ER: The City Commission met on July 6, 2010 and minutes were XPLANATION OF EQUEST prepared from the notes taken at the meetings 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. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 51 of 513 52 of 513 53 of 513 54 of 513 55 of 513 56 of 513 57 of 513 58 of 513 59 of 513 60 of 513 61 of 513 62 of 513 63 of 513 64 of 513 65 of 513 66 of 513 6. B CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-091 - Approve EQUESTED CTION BY ITY OMMISSION amendment to the contract due to a change order requested by Burke Construction Group, Inc. in the amount of $33,317.79 for increased installation costs of Sky Shade pavilions as part of the Boat Club Park renovation. The revised contract amount will be $254,217.79 with the same original contingency of $22,090 (now 8.7%) for a total project construction cost of $276,307.79. Bid# 065-2730-09/CJD. ER: XPLANATION OF EQUEST When the Request for Bids (RFB) was solicited, the specifications and resulting RFB responses were based on a “standard” design for the footers for Sky Shades. Once the project was under contract with Burke Construction, the contractor worked with Sky Shades’ engineers to redesign the footers specifically for Sky Shades pavilions at the site. The first redesign by Burke Construction was not acceptable and would have cost an additional $75,000. We had Sky Shades redesign the footers to a much less expensive amount. However, the cost estimate will exceed the original 10% contingency of $22,090. We are requesting that the $33,317.79 change order be added to the original award amount of $220,900 increasing the amount to $254,217.79, but still leaving a contingency of $22,090 for any future minor change orders. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The change order is necessary to meet permitting requirements. Without the change order, the purchase and installation of the Sky Shades product is not possible. 67 of 513 FI: ISCAL MPACT The change order is in the amount of $33,317.79. The funds are available in Account # 302-4108-580- 60-01 CP 0418. These funds are from a grant from Palm Beach County specifically for the purpose of construction of the restroom, pavilions and associated improvements at 100% funding up to $375,000. A: LTERNATIVES Not to approve the Change Order and not to move forward with the installation of the Sky Shades pavilions. This would adversely affect the City’s grant with Palm Beach County. 68 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING CHANGE ORDER 2 WITH BURKE CONSTRUCTION GROUP, INC., FOR INCREASED INSTALLATION COSTS OF SKY SHADE PAVILIONS AS PART OF BOAT CLUB PARK RENOVATIONS (BID #065-2730-09/CJD); INCREASING THE CONTRACT AMOUNT BY $33,317.00 FOR A TOTAL PROJECT CONSTRUCTION COSTS OF $276,307.79 (INCLUDING THE ORIGINAL CONTINGENCY OF $22,090.00); AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the City of Boynton Beach has reviewed Change Order 2 requested by Burke Construction Group, Inc., for increased installation costs of Sky Shade pavilions as part of Boat Club Park renovation in the amount of $33,317.79 and has determined that the contract changes set forth therein are both necessary and appropriate. 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 and direct the approval and execution of Change Order 2 requested by Burke Construction Group, Inc., for increased installation costs of Sky Shade pavilions as part of Boat Club Park renovation in the amount of $33,317.79, a copy of the Change Order is attached hereto as Exhibit “A”. The revised contract amount will be $254,217.79 with the same original contingency of $22,090.00 for a total project construction cost of $276,307.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 69 of 513 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 70 of 513 71 of 513 6. C CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-092 - Approve an EQUESTED CTION BY ITY OMMISSION interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. ER: The Boynton Beach Police Department investigates numerous XPLANATION OF EQUEST crimes where forensic evidence in the form of DNA is recovered. The perpetrator of a crime may deposit bodily fluids or tissue of various types at the scene of a crime by simply touching an object or surface, or contact with a victim involving a sexual assault or battery. The bodily fluids and tissue often contain DNA which is a chemical identifier unique to every individual and considered a more accurate identifier than even fingerprints. The Police Department has utilized DNA evidence in over 200 successful prosecutions including a cold case homicide from 1986. Our officers and detectives submit approximately 700 laboratory testing requests to the Palm Beach County Sheriffs Office (PBSO) each year in an effort to identify those persons connected with the various crimes committed in our City. As more and more DNA profiles are collected from individuals pursuant to state statues requiring certain persons charged or convicted of major felonies to provide a DNA sample, identifications become more prevalent. The PBSO crime lab has the capability to collect and analyze DNA samples; however, the process is expensive and labor intensive. Currently, PBSO does not charge us for DNA or any forensic analysis performed pursuant to a criminal investigation. However, the PBSO crime lab is now overburdened with the number of testing requests from the various law enforcement agencies in the County resulting in a prioritization of cases with DNA samples and delays in testing for most cases that can last many months or over a year. Delays in processing of the DNA samples can negate a successful prosecution or allow those responsible for major crimes 72 of 513 to leave the jurisdiction or the County before probable cause is established in order to make an arrest. The most labor intensive and time consuming process related to DNA testing is determining if a suitable sample is present and if so, extracting the sample and converting it to its testable form. The Chiefs of Police for Boynton Beach, Boca Raton and Delray Beach considered the problems with the PBSO Crime Lab backlog of cases and determined that a pre-screening laboratory would facilitate a timely resolution to our case submissions while providing relief to the PBSO lab. All DNA submissions would go first to the pre-screening lab in Boca Raton where the samples would be isolated and converted. Each sample would then be transported to the PBSO lab where they will receive priority treatment pursuant to an agreement between the City of Boca Raton and PBSO. This will result in samples that currently take months to process being tested promptly and the results posted within days. H? This will enhance the Police Department’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES ability to investigate major crimes and arrest those responsible in a timely manner. FI: The City of Boca Raton proposes the establishment of a pre-screening lab at ISCAL MPACT their facility with the cities of Delray Beach, Boynton Beach and eventually others, paying a proportion of the operational costs. The City of Boynton Beach’s share of the cost for year one would be $59,360. It is estimated that the second year’s cost would be close to the first year amount. The interlocal agreement provides for a two year commitment. Funds in the amount of $59,360 would be taken from the State Law Enforcement Trust Fund account which currently shows a balance of approximately $265,000. Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the Chief of Police to the governing body of the municipalityThis expenditure meets the requirements of the . statute in that the law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point. A: Continue direct submission of DNA forensic evidence to the PBSO lab. LTERNATIVES 73 of 513 RESOLUTION NO. R10-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TRI- PARTY INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITIES OF BOCA RATON AND DELRAY BEACH FOR THE OPERATION OF A PRE- SCREENING DNA LABORATORY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department investigates numerous crimes where forensic evidence in the form of DNA is recovered; and WHEREAS , Boynton Beach’s Police Department submits approximately 700 requests each year for laboratory testing to the Palm Beach County Sheriffs Office (PBSO) in an effort to identify persons connected with various crimes committed in our City.; and WHEREAS, the PBSO crime lab is now overburdened with testing requests from various law enforcement agencies in the County resulting in a prioritization of cases with DNA samples and delays for most cases that can last many months or over a year; and WHEREAS, the most labor intensive and time consuming process related to DNA testing is determining if a suitable sample is present and extracting the sample and converting it to its testable form which can be done by the pre-screening laboratory; 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 tri-party Interlocal Agreement between the City of Boynton Beach and the Cities of Boca Raton and Delray Beach for the operation of a pre- screening DNA laboratory. 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 74 of 513 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 tri-party Interlocal Agreement between the City of Boynton Beach and the Cities of Boca Raton and Delray Beach for the operation of a pre- screening DNA laboratory, a copy of said Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 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) 75 of 513 INTER-LOCAL AGREEMENT THIS AGREEMENT, made and entered into the date provided hereafter by and between the City of Boca Raton, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter “BOCA RATON”), the City of Delray Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter “DELRAY BEACH”), and the City of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter “BOYNTON BEACH”), and collectively referred to as the “Parties”. WITNESSETH: WHEREAS, the Parties to this agreement are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the “Act”) to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which BOCA RATON, DELRAY BEACH and BOYNTON BEACH may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, BOCA RATON has entered into an Interlocal Agreement with the Sheriff’s Office of Palm Beach County (“PBSO”) relating to the construction and operation of a Biology Processing Laboratory (“BPL”) to be located at 6500 Congress Avenue in Boca Raton, Florida; and WHEREAS, the BPL will provide certain services related to prescreening of DNA sample evidence; and WHEREAS, pursuant to the Interlocal Agreement with PBSO, all DNA sample evidence prescreened in the BPL will be given certain priority by the PBSO Forensic Biology Unit (“FBU”) in the event DNA analysis is warranted; and WHEREAS, the Parties desire to pre-screen their respective DNA sample evidence in the BPL in that the Parties determined that such common use will better utilize municipal personnel and capital resources, increase the efficiency and effectiveness of prescreening DNA sample evidence, and provide for shared costs of personnel/operating expenses; and WHEREAS, the Parties desire to enter into this Agreement to establish basic parameters for the implementation, operation, and maintenance and future expansion of the BPL; and WHEREAS, entering into this Interlocal Agreement is in the best interests of the citizens of the Parties; and NOW THEREFORE, in consideration of the premises, mutual covenants, provisions and representations contained herein, constituting good and valuable consideration, the Parties hereto agree as follows: 76 of 513 Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between BOCA RATON, DELRAY BEACH, and BOYNTON BEACH in regard to the operation of the Biology Processing Laboratory, located in the City of Boca Raton, which shall provide for pre-screening of DNA sample evidence for the parties. Section 2. DEFINITIONS 2.1 “Pre-screening” shall mean the process by which evidence is evaluated by an analyst to determine if there is usable and recoverable DNA in the sample. 2.2 “Touch DNA evidence” shall mean DNA evidence that is left behind from skin cells when a person touches or comes in contact with an item. Section 3. ADMINISTRATION AND SERVICES 3.1. BOCA RATON will own, manage and operate the BPL and will provide pre-screening of DNA sample evidence for DELRAY BEACH and BOYNTON BEACH, processing of DNA sample evidence for the confirmation of blood and semen, determining through microscopic analysis of hair if DNA analysis should be attempted, and swabbing items for touch DNA evidence. 3.2. BOCA RATON shall be the sole operator of the BPL. The operations shall include processing evidence for the confirmation of blood and semen, determining through microscopic analysis of hair if DNA analysis should be attempted, and swabbing evidence for touch DNA evidence. 3.3. Following pre-screening at the BPL, all DNA sample evidence will be submitted to the PBSO Forensic Biological Unit for further DNA analysis. Pursuant to the Interlocal Agreement between BOCA RATON and PBSO, all evidence pre-screened at the BPL will be given priority for PBSO DNA analyst assignment, as provided in such Interlocal, a copy of which is attached hereto as Attachment “A”. Section 4. IMPLEMENTATION OF BPL 4.1. BOCA RATON has entered into an interlocal agreement with PBSO relating to the construction and operation of the BPL, under which PBSO shall apply for a grant from the United States Department of Justice, National Institute of Justice (“NIJ”), and under which BOCA RATON shall be the sub-grantee of PBSO. 4.2. In the event the agreement between BOCA RATON and PBSO is terminated or in the event the BPL is not constructed, this Interlocal Agreement shall immediately terminate and BOCA RATON shall have no further obligation to DELRAY BEACH or BOYNTON BEACH. 4.3. DELRAY BEACH and BOYNTON BEACH agree and understand that this agreement is non-exclusive, and that BOCA RATON may enter into additional agreements or amend this Interlocal Agreement to allow other governmental agencies to utilize the BPL. In the event BOCA RATON contracts with other governmental agencies, there shall be a 77 of 513 corresponding and proportional decrease in the amount of the user fee and costs provided by DELRAY BEACH and BOYNTON BEACH, as set out in paragraph 5.5 of this Agreement. Section 5. BPL CENTER FOR OPERATIONS 5.1. The BPL shall be located at 6500 Congress Avenue, Boca Raton, Florida in the City of Boca Raton 6500 Building. 5.2. The Parties agree that the BPL operation, equipment, personnel and records will be maintained at the BPL. 5.3. DELRAY BEACH and BOYNTON BEACH agree to annually appropriate and pay to BOCA RATON a fee, in an amount equal to a proportional share of the costs to operate the BPL, as set forth in Section 5.4 of this Agreement. DELRAY BEACH and BOYNTON BEACH agree to make an annual payment to BOCA RATON for each of their proportional share of the fee within 60days of receipt of BOCA RATON’s invoice . showing the proportional share due, as detailed 5.4. The fee shall be determined by BOCA RATON, in its sole discretion, through an annual calculation of the personnel costs, the cost of equipment and supplies, the cost of maintenance, the cost of utilities, and any other cost which is reasonably related to the operation of the BPL. 5.5. The annual cost for all operational expenditures, as defined in 5.4, shall be paid proportionately as follows: BOCA RATON - 34 PERCENT DELRAY BEACH - 33 PERCENT BOYNTON BEACH - 33 PERCENT 5.6. The amount of each proportional fee to be paid by DELRAY BEACH and BOYNTON BEACH for the first year of operation of the BPL shall be $59,360. 5.7. Following the initial year of this Interlocal Agreement, the fee shall be adjusted annually to reflect the proportional shares of the actual costs as defined in paragraph 5.4 of this Agreement, but in no event shall the fee be increased more than 10% per year. 5.8 DELRAY BEACH and/or BOYNTON BEACH’S right to receive services at the BPL shall be immediately suspended if either fails to timely transmit to BOCA RATON its proportional payment as required under this Agreement. The suspension of the right to receive services at the BPL shall continue through the date the full payment is received by BOCA RATON. If a payment is not received by BOCA RATON within 60days of the date of the non-paying party’s receipt of the invoice from BOCA RATON, then BOCA RATON shall send to the non-paying party a notice of default. The non-paying party shall thereafter also pay a 10% penalty on the past due arrearages. If such past due arrearages plus the 10% penalty are not paid in full within 30days of the date of notice of default, then BOCA RATON, in its sole discretion, shall have authority to terminate this Agreement in regard to the non-paying party. 78 of 513 Section 6. PERSONNEL AND OPERATIONS 6.l BOCA RATON shall employ two Forensic Analysts trained by PBSO FBU. personnel to work at the BPL. 6.2 BOCA RATON shall be solely responsible for the hiring, supervision and evaluation and all aspects of employment for all personnel associated with the BPL. 6.3 BOCA RATON shall be solely responsible for the maintenance and repair of the BPL facility. 6.4 BOCA RATON shall be solely responsible for the operation of the BPL. Section 7. RECORDS 7.1 BOCA RATON shall be responsible for maintaining records of DNA sample evidence submitted by DELRAY BEACH and BOYNTON BEACH for the purpose of prescreening analysis in accordance with the PBSO Forensic Biology Laboratory standards. Section 8. DURATION AND TERMINATION 8.1. This Interlocal Agreement shall become effective upon being executed on behalf of each party and filed with the City Clerks of BOCA RATON, DELRAY BEACH and BOYNTON BEACH. This Interlocal Agreement shall remain in effect for five years and may be extended for additional five year terms upon written approval of the Parties. 8.2. DELRAY BEACH and BOYNTON BEACH agree that they shall not have any right to terminate this Interlocal Agreement and shall not terminate this Agreement for the period of two (2) years beginning from the date on which the BPL begins prescreening evidence. Thereafter, any party may terminate its participation in this Interlocal Agreement for any reason upon one hundred eighty (180) days written notice to the other Parties. Upon termination, the terminating Party shall have no rights or privileges under this Agreement. . 8.3In the event BOCA RATON should terminate operation of the BPL, BOCA RATON shall refund to DELRAY BEACH and BOYNTON BEACH the portion of their paid annual fees, on a prorated basis, that were for the time period between the date on which the BPL ceases operations and the end of the annual period for which the fees were paid. Section 9. DISPUTE RESOLUTION 9.1 Any dispute as to the terms of this Interlocal Agreement shall be resolved, pursuant to the dispute resolution process contained in Florida Statute, Section 163. 9.2 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 9.3 By entering into this Agreement, the parties expressly waive any right either party may have to a trial by jury of any claim related to this Agreement. Section 11. LIABILITIES AND INDEMNITY 79 of 513 11.1. Each PARTY to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, BOCA RATON shall be responsible to DELRAY BEACH and BOYNTON BEACH for any actions, claims or damages arising out of BOCA RATON’S negligence in connection with this Agreement, and DELRAY BEACH and BOYNTON BEACH shall each be individually responsible to BOCA RATON or to the other for any actions, claims or damages arising out of DELRAY BEACH and BOYNTON BEACH’S negligence in connection with the Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the PARTIES. Section 12. AMENDMENTS 12.1. Amendments to this Interlocal Agreement shall be made by unanimous consent of all the PARTIES in writing. In the event one or more additional persons request to be a Party to this Agreement, the PARTIES agree that an Amendment to this Agreement shall be required. Section 13. EXECUTION OF AGREEMENT 13.1 This Agreement shall be executed on behalf of each Party by its authorized representative pursuant to an appropriate resolution of the respective local governmental unit. Each Party to this Agreement shall be bound to the terms of this Agreement as of the date it is signed by that Party. Section 14. SEVERABILITY 14.1. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. IN WITNESS WHEREOF , the Parties have executed this Agreement as of the last date all signatures below are affixed. ATTEST:CITY OF BOCA RATON By: By: _____________________ City Clerk Mayor Susan Whelchel 80 of 513 Date: _______________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _______________________ City Attorney ATTEST: CITY OF DELRAY BEACH By: _______________________ By: _____________________________ Date: _____________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: _______________________ City Attorney ATTEST: CITY OF BOYNTON BEACH By: __________________________ By: _______________________ Date: _____________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ______________________ City Attorney 81 of 513 Attachment A: Interlocal Agreement between BOCA RATON and PBSO 82 of 513 6. D CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000.00 for the month of June 2010. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 83 of 513 84 of 513 6. E CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-093 - Support the EQUESTED CTION BY ITY OMMISSION Inclusion of Galaxy School Reconstruction in FY2011 Capital Improvement Budget for the Palm Beach County School District ER: The City Manager attended the Budget Retreat sessions of the XPLANATION OF EQUEST Palm Beach County School District Board on July 7, 2010 to monitor the status of the Galaxy School reconstruction project. This project is scheduled for construction in 2011 according to the staff recommended budget. The final decision on the budget for the School Board and whether to include this project in the 2011 fiscal year budget will be on July 28, 2010. th At the meeting on July 7, two members of the Palm Beach County School Board recommended that either Galaxy School or a school in North Palm Beach be postponed for two new schools in the Glades area. The original staff proposal was for one school in the Glades area to be constructed along with Galaxy School and the school in North Palm Beach. There is sufficient funding for three new or reconstructed schools. Therefore if a second undesignated new school for the Glades area is approved by the School Board, it is possible that Galaxy School will either be postponed or dropped from the School’s capital construction plan. This is despite the inter-local agreement between the City of Boynton Beach and the School District and it would be contrary to considerable community support for the reconstruction of Galaxy School in 2011. 85 of 513 H? The City has planned the swap of City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES owned park property to facilitate the reconstruction of Galaxy School onto property further away from I-95 and with better frontage on Boynton Beach Blvd. FI: The funding share for the City has been programmed into the City’s Capital ISCAL MPACT Improvement Budget. A: Do not authorize the Resolution or contact by elected and appointed officials of LTERNATIVES the City with the School District. Attachments: Proposed Resolution Supporting Reconstruction of Galaxy School in 2011. School District Staff Capital Construction Recommendation for 2011 as Presented at Budget Retreat of July 9, 2010. Aerial Photo of Galaxy School Area 86 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE INCLUSION OF GALAXY SCHOOL RECONSTRUCTION IN THE FISCAL YEAR 2011 CAPITAL IMPROVEMENT BUDGET FOR THE PALM BEACH COUNTY SCHOOL DISTRICT. WHEREAS, in December 2007, the School Board of Palm Beach County voted to close Galaxy School in favor of redistributing students to other schools and to re-construct a K-8 school on the campus of the old Atlantic High School; and WHEREAS , the City of Boynton Beach and the Community strongly objected to this proposal; and WHEREAS , Galaxy School is an important neighborhood-based school that has served Boynton Beach for over forty years at this location; and WHEREAS , in February, 2008, the City of Boynton Beach proposed a land swap of a 3.78 acre parcel immediately east of the school. The land swap allows the reconstruction of Galaxy School on- site and moves the new school away from I-95, thereby saving the District relocation costs and provides for a school further away from an Interstate Highway; and WHEREAS, the School District of Palm Beach County accepted this proposal from the City of Boynton Beach which includes cost-sharing of construction elements by the City of Boynton Beach; and WHEREAS, in 2009 and 2010, the City of Boynton Beach completed all necessary inter-local agreements with the School District and Palm Beach County in anticipation of the land swap and construction of Galaxy School commencing in 2011; and , the City of Boynton Beach and the Boynton Beach community believes the School WHEREAS Board of Palm Beach County should include this reconstruction of Galaxy School in the 2011 capital improvement construction plan as previously approved by the Palm Beach County School Board. This represents fulfillment of a commitment by the School District to the Boynton Beach community. 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. The City of Boynton Beach supports theinclusion of Galaxy School Reconstruction Section 2. in the fiscal year 2011 Capital Improvement Budget for the Palm Beach County School District which represents fulfillment of a commitment by the School District to the Boynton Beach 87 of 513 community. This Resolutionshall become effective immediately upon passage Section 3. PASSED AND ADOPTED by the City of Boynton Beach, this _____ Day of July, 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) 88 of 513 89 of 513 90 of 513 91 of 513 6. F CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-094 - Award a EQUESTED CTION BY ITY OMMISSION contract for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" (RFP 046-1610-10/CJD), to "CIGNA, Option 2, Revised" for medical insurance with a plan year of October 1, 2010 through September 30, 2011 PROPOSED RESOLUTION NO. R10-095 - Approve renewal of the City's Dental plan with Humana Comp Benefits for fiscal year 2010/2011. PROPOSED RESOLUTION NO. R10-096 - Approve renewal of the City's Vision plan with Humana Comp Benefits for fiscal year 2010/2011 PROPOSED RESOLUTION NO. R10-097 - Approve renewal of the City's Life/AD&D insurance with Hartford Life for fiscal year 2010/2011 ER: XPLANATION OF EQUEST Medical Plan – A Request for Proposal (RFP) 046-1610-10/CJD was issued for Group Benefits Medical Claims Administration (TPA) services, and/or a fully insured medical plan by Procurement Services. Bids were opened on June 2, 2010. Aetna, Blue Cross/Blue Shield of FL (current provider), CIGNA, Humana and United Healthcare responded (Exhibit 1). A preliminary analysis was conducted by the City’s benefit consultants, Willis of Florida, who recommended that the City remain fully insured. The City’s Human Resources staff (Review Committee) ranked the proposals based on criteria stated in the RFP (Exhibit 2). CIGNA, Option 2, received the highest ranking, a score of 95 out of a possible 100 points. Exhibit 3 is a spreadsheet prepared by Willis comparing the current BC/BS plan (34.6% increase), an 92 of 513 Option 1 BC/BS plan (26.9% increase) and the CIGNA plan, Option 2, a 7.2% increase. This was the initial review of the proposals. The City’s Insurance Committee, a cross functional team with representation from the Unions and the general employees, met on June 28, 2010, to discuss the responses. Many concerns were expressed by Committee Members regarding the significant reduction in benefits between the current BC/BS plan and the CIGNA Option 2 plan. Based on feedback received at the meeting, the City Manager authorized Willis to negotiate the Option 2 plan design with CIGNA. The negotiations resulted in a better plan design from CIGNA (Exhibit 4) with a 9% increase over the current premium The Insurance Committee met again on Wednesday, July 7, 2010, and after review there was 100% consensus of those present to move to the CIGNA Option 2, revised plan. Exhibit 5 contains a comparison of the current BC/BS plan premium and the CIGNA, Option 2 revised plan premium for medical insurance for FY 2010/11. While the cost is slightly higher than the original CIGNA proposal, it has the support of the Insurance Committee and is recommended by the City Manager as well. It is recommended that CIGNA be awarded the medical insurance contract, Option 2, Revised, with a plan year of October 1, 2010 through September 30, 2011 (Exhibit 6). Note: This change has been presented to the IAFF Local 1891 as required by Article 12, Group Insurance and is under review by the Union. All other collective bargaining agreements contain the language that the insurance plan “may be amended from time to time”. Dental/Vision Plan – Humana Comp Benefits (Exhibit 7) is recommended for renewal. They offer a broad network and deep discounts. The monthly premiums will remain the same as follows;  Dental - $29.71 for single coverage; $7.00 family (employer paid) and $46.40 for family coverage (employee paid).  Vision - $3.92 monthly for single coverage (employer paid) and $13.02 for family coverage (employee paid). Life Insurance – Hartford Life is recommended for renewal; the premiums have been reduced by 10% for Life/AD&D from $.475/$100 to $.451/$100 (employer paid). The long term disability premium has been reduced by 5% from $.475/$100 to $.451/$100 (employer paid). The Voluntary Life and Voluntary AD&D rates (employee paid) remain the same. (Exhibit 8) H? Providing competitive health and life OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES insurance plans to employees motivates them and in turn they provide better service to the Citizens. FI: The fiscal impact based on monthly premiums will be an increase of the ISCAL MPACT employee rate for medical coverage of approximately 9%, for Dental and Vision coverage there is no increase and there will be a 10% reduction in the premium for life/AD&D and a 5% reduction for long term disability insurance. A: Continue with BC/BS of FL’s current plan and pay an estimated premium LTERNATIVES increase of $2.7M for the employee medical plan in FY 2010/11 vs. moving to CIGNA with an estimated premium increase of only $700K. 93 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, AWARDING A PROVIDER AGREEMENT FOR RFP #046-1610-10/CJD “GROUP BENEFITS: MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLANS” WITH CIGNA CORPORATION, FOR MEDICAL INSURANCE FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on June 2, 2010, Procurement Services received and opened five (5) proposals which were ranked by the review committee and sent to the City’s Consultant, Willis of Florida for technical expertise; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to award a Provider Agreement with CIGNA Corporation for the medical insurance plan for a one year term commencing October 1, 2010 for all city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award a Provider Agreement to CIGNA Corporation for the medical insurance plan for a one year term commencing October 1, 2010, for all city employees, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager and City Clerk are authorized to execute the Provider Agreement with CIGNA Corporation. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2010. 94 of 513 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) 95 of 513 PROVIDER AGREEMENT FOR “GROUP BENEFITS: MEDICAL CLAIMES ADMINISTRATOR (TPA) SERVICES AND/OR FULLY INSURED PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _CIGNA HealthCare________________ City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROVIDER 1.PROJECT DESIGNATION. The Provider is retained by the City to perform services in connection with the project designated. 2.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 4.TERM: October 1, 2010 through September 30, 2011 with three (3) additional one (1) year renewals. 5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Provider in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Provider shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Provider’s endeavors. 7.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 9.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate 96 of 513 for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 11.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Provider. 97 of 513 b..In the event of the death of a member, partner or officer of the Provider, or any of its supervisory personnel assigned to the project, the surviving members of the Provider hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Provider and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 140 Sunrise, FL 33323 ATTN: Scott Evelyn 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) 98 of 513 City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary Rev. 1/22/91 “EXHIBIT A” SCOPE OF SERVICES 99 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING RENEWAL OF THE DENTAL PLAN WITH HUMANA COMP BENEFITS FOR A PERIOD OF ONE YEAR; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on August 4, 2009, the City Commission of the City of Boynton Beach awarded a Provider Agreement via Resolution 09-108 to Humana “CompBenefits” for a dental plan; and WHEREAS , the Provider Agreement approved by the City Commission provided for three (3) additional one (1) year extensions; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the one year renewal of the Provider Agreement with Humana CompBenefits dental plan commencing October 1, 2010 for all city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the one year renewal of a Provider Agreement with Humana CompBenefits dental plan commencing October 1, 2010, for all city employees, a copy of the original Provider Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 100 of 513 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 101 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING RENEWAL OF THE VISION PLAN WITH HUMANA COMP BENEFITS FOR A PERIOD OF ONE YEAR; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , on August 4, 2009, the City Commission of the City of Boynton Beach awarded a Provider Agreement via Resolution 09-109 to Humana “CompBenefits” for a vision plan; and WHEREAS , the Provider Agreement approved by the City Commission provided for three (3) additional one (1) year extensions; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the one year renewal of the Provider Agreement with Humana CompBenefits vision plan commencing October 1, 2010 for all city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the one year renewal of a Provider Agreement with Humana CompBenefits vision plan commencing October 1, 2010, for all city employees, a copy of the original Provider Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 102 of 513 ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 103 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE ONE YEAR RENEWAL OF THE CONTRACT FOR LIFE AND DISABILITY INSURANCE WITH HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY; AND PROVIDING AN EFFECTIVE DATE . WHEREAS, on September 18, 2008, the City Commission of the City of Boynton Beach, via resolution 08-111, approved a Two Year Contract for Life and Disability Insurance Plans with Hartford Life and Accident Insurance Company; and WHEREAS , the contract approved by the City Commission provided for two (2) additional one (1) year extensions; and WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the one year renewal of the Contract for Life and Disability Insurance with Hartford Life and Accident Insurance Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the one year renewal of the Contract for Life and Disability Insurance with Hartford Life and Accident Insurance Company, a copy of the original Contract previously approved) is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2010. CITY OF BOYNTON BEACH, FLORIDA 104 of 513 ______________________________ 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) 105 of 513 106 of 513 107 of 513 108 of 513 109 of 513 110 of 513 111 of 513 112 of 513 113 of 513 114 of 513 115 of 513 116 of 513 117 of 513 118 of 513 119 of 513 120 of 513 121 of 513 122 of 513 123 of 513 124 of 513 125 of 513 126 of 513 127 of 513 128 of 513 129 of 513 130 of 513 131 of 513 132 of 513 133 of 513 6. G CONSENT AGENDA July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a Fire Rescue reorganization as follows: a) EQUESTED CTION BY ITY OMMISSION Approve the reclassification of a budgeted vacant Administration and Finance Officer position from a Pay Grade 34 to a Pay Grade 30. b) Approve the reclassification of the incumbent in the Community Relations Specialist Pay Grade 24 position to a Community Relations Specialist/Emergency Manager, Pay Grade 30 ER: The Fire Rescue Department and Human Resources is XPLANATION OF EQUEST recommending approval to reorganize as follows:  The reclassification and downgrade of the vacant Administration and Finance Officer Position from pay grade 34 to pay grade 30. The current duties of this position regarding emergency management are recommended to be transferred to an Emergency Manager. This change will save $15,964 in FY09/10  The reclassification of the Community Relations Specialist, pay grade 24 to a Community Relations Specialist/Emergency Manager, pay grade 30. The incumbent in Community Relations Specialist position, Stephen M. Lewis, will continue to perform all of his current duties and will assume the responsibilities of Emergency Management. The City has never had a dedicated Emergency Manager. Mr. Lewis possesses a Certified Emergency Manager Professional Designation and is highly qualified for this position. This recommendation is being made after a thorough analysis of the job duties and responsibilities of the recommended change by the Fire Rescue Department and Human Resources staff. H? In order to ensure best practices for OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES emergency management at the Municipal level this change is being recommended. 134 of 513 FI: The fiscal impact of downgrading the Administration and Finance Officer to a ISCAL MPACT pay grade 30 and reclassifying the community Relations Specialist, pay grade 24, to a Community Relations Specialist/Emergency Manager pay grade 30, is an overall savings of $8,169. A: Not approve the reclassifications and hire an Administration and Finance LTERNATIVES Officer at pay grade 34. Not reclassify the Community Relations Specialist and utilize the expertise of an employee who is highly qualified to become the City’s first dedicated Emergency Manager and do not save $8,169 in FY 09/10. 135 of 513 136 of 513 137 of 513 138 of 513 139 of 513 140 of 513 141 of 513 142 of 513 143 of 513 144 of 513 145 of 513 146 of 513 147 of 513 148 of 513 149 of 513 150 of 513 7. A BIDS AND PURCHASES OVER $100,000 July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-098 - Approve EQUESTED CTION BY ITY OMMISSION Contract for "BARTON GREENWAY AND PALMETTO GREENWAY EXPANSION" Bid # 041-2710- 10/CJD with WEST CONSTRUCTION, INC. of Lake Worth, Florida, in the amount of : $347,527.14 plus a 10% contingency of $34,752 for a total expenditure of $382,279.14. ER: On April 27, 2010, Procurement received and opened 3 Bid XPLANATION OF EQUEST Proposals for the two greenway projects. The Bid Proposals are: West Construction, Inc. $347,527.14 Devland Site, Inc. 392,811.27 American Engineering & Development Corp 425,372.75 Staff Reviewed the Bid Proposals and recommends awarding the Contract to West Construction, Inc. West Construction, Inc. was the contractor for the Wilson Park project and the Jaycee Park projects and their work was satisfactory. H? These projects will expand the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES greenway system and connect Palmetto Greens Park, Poinciana Elementary School, Wilson Park, Barton Park, Galaxy Park and Galaxy School. Residents who live in the adjacent neighborhoods can safely travel to the parks and schools via the greenways without having to use busy streets. FI: The bid for two projects is: ISCAL MPACT 151 of 513 $114,759.70 - Barton Greenway $232,767.44 - Palmetto Greenway Expansion $347,527.14 - Total bid amount Funding for both projects is a 100% grant from the Florida Department of Transportation. The Capital Improvement Program budget estimates the two projects as follows in Account # 302- 4902-580-63-05: $ 94,600.00 - Barton Greenway (Project #CP0813) $390,000.00 - Palmetto Greenway Expansion (Project #CP0619) $484,600.00 - Total estimate Since the time of the original budget estimate, FDOT changed some of their requirements to which we must adhere. This explains the discrepancy in the Barton Greenway cost estimate and the actual bid amount. A: Not to expand the City’s greenway system. LTERNATIVES 152 of 513 RESOLUTION NO. R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT FOR BID #041-2710-10/CJD WITH WEST CONSTRUCTION, INC., OF LAKE WORTH FOR “BARTON GREENWAY AND PALMETTO GREENWAY EXPANSION IN THE AMOUNT OF $347,527.14 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $34,752.00 FOR A TOTAL EXPENDITURE OF $382,279.14; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, three (3) proposals were received and opened by Procurement Services on April 27, 2010, for the Barton Greenway and Palmetto Greenway Expansion Projects; and WHEREAS , staff is recommending the award to West Construction, Inc., as the lowest, most responsive, responsible bidder who met all specifications; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the contract and authorize the City Manager to execute the contract with West Construction, Inc., for the Barton Greenway and Palmetto Greenway Expansion project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of contract for Bid #041-2710-10/CJD to West Construction, Inc., for the Barton Greenway and Palmetto Greenway Expansion. Section 3. The City Manager is authorized to execute a contract in the amount of $347,527.14 plus a contingency of 10% in the amount of $34,752.00 for a total expenditure of $382,279.14, a copy of the Contract is attached hereto and made a part hereof as Exhibit “A”. Section 4. That this Resolution shall become effective immediately. 153 of 513 PASSED AND ADOPTED this ______ day of July, 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) 154 of 513 155 of 513 156 of 513 157 of 513 158 of 513 159 of 513 160 of 513 161 of 513 162 of 513 163 of 513 164 of 513 165 of 513 166 of 513 167 of 513 168 of 513 169 of 513 170 of 513 171 of 513 172 of 513 173 of 513 174 of 513 175 of 513 176 of 513 177 of 513 178 of 513 179 of 513 180 of 513 181 of 513 182 of 513 183 of 513 184 of 513 185 of 513 186 of 513 187 of 513 188 of 513 189 of 513 190 of 513 191 of 513 192 of 513 193 of 513 194 of 513 195 of 513 196 of 513 197 of 513 198 of 513 199 of 513 200 of 513 201 of 513 202 of 513 203 of 513 204 of 513 205 of 513 206 of 513 207 of 513 208 of 513 209 of 513 210 of 513 211 of 513 212 of 513 213 of 513 214 of 513 215 of 513 216 of 513 217 of 513 218 of 513 219 of 513 220 of 513 221 of 513 222 of 513 223 of 513 7. B BIDS AND PURCHASES OVER $100,000 July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10 -099 requires the EQUESTED CTION BY ITY OMMISSION following actions: (1) Confirm waiver of the formal bid requirement for construction projects in excess of $75,000, (2) Approve piggy-back of a contract between FP&L & Felix Associates in the amount of $3,109,870 to install approximately 7,100 feet of 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, along Boynton Beach Blvd. and Military Trail to Woolbright Road, and (3) Authorize a 10% contingency in the amount of $310,987 for a total encumbrance of $3,420,857. ER: The City’s Business Plan calls for interconnecting the East and XPLANATION OF EQUEST West Water Treatment Plants with a new Ductile Iron Pipe raw water main. The Utilities Department has been developing the design of that raw water main in three distinct contracts (Sections A, B, and C). Section A, along Military Trail and Boynton Beach Blvd. is faced with an extremely tight time schedule due to the County’s desire to resurface Military Trail in the near future. In January of this year, the City Commission recognized the difficulties posed by the extremely tight schedule for this project, and thereby authorized the Utilities Department to obtain quotes from the two FPL contractors, based upon the pricing in that FPL contract. The water lines in the FPL contract were installed as part of an agreement between FPL and Palm Beach County, as a means of extending reclaimed water service to the western portions of the County. Both projects (the City’s and FPL’s) utilize the same type and diameter of 36-inch American Ductile Iron Pipe and fittings. As a result, the unit pricing per linear foot could be applied to those items, which together comprise the largest cost items for both projects. Other bid items that apply to both projects are: 224 of 513  Asphalt removal and road restorations,  Directional drillings of 36” diameter HDPE pipe,  Dewatering, milling of county roadways  Concrete curb and gutter removal and restoration,  Similar work for Maintenance of Traffic (MOT) and  Several other ancillary items. The two projects, however, are not identical, and therefore have elements that are not the same. For those elements, the City project will be based upon negotiated pricing. Overall, the Engineers’ estimated cost for the project, (minus the direct purchase piping cost of $844,468) is $3,362,132. The contractor’s estimated cost for constructing the project is $3,109,870 (not including the piping that will be purchased directly by the City). In comparison, the associated costs for this project are itemized on the attached spreadsheet entitled “Adjusted Bid”. Other documentation provided describes the differences in MOT requirements, and includes sections from the FPL/Felix Associates contract. The entire contract is not included due to size constraints, but that contract is available. H? The raw water main wellfield OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES interconnection project is essential to implementing a sound, long-term water supply strategy for the City. FI: The project is authorized and funded from the Utilities Capital Improvement Program ISCAL MPACT Fund 404; CIP #WTR 136 (Ion exchange, surficial raw water main, pump station and sand filters), and totalling $30,0005,000. A: Obtain a delay in schedule from the County and issue a Request for Bids. LTERNATIVES However, no alternatives exist at this time that would meet the County’s roadway improvement schedule. 225 of 513 RESOLUTION NO. R-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING WAIVER OF THE FORMAL BID REQUIREMENT FOR CONSTRUCTION PROJECTS IN EXCESS OF $75,000.00; APPROVING THE PIGGY-BACKING OF A CONTRACT BETWEEN FP&L AND FELIX ASSOCIATES, LLC., TO INSTALL 36-INCH IRON PIPE RAW WATER MAIN FROM THE WEST WATER TREATMENT PLANT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FELIX ASSOCIATES, LLC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY’S OFFICE IN THE AMOUNT OF $3,109,870.00, PLUS A 10% CONTINGENCY IN THE AMOUNT OF $310,987.00 FOR A TOTAL ENCUMBRANCE OF $3,420,857.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City’s Business Plan calls for interconnecting the East and West Water Treatment Plants with a new Ductile Iron Pipe raw water main; and WHEREAS , on February 2, 2010, the City Commission, recognizing the difficulties posed by the extremely tight schedule for this project, authorized the Utilities Department to obtain quotes from the two FP&L contractors, based upon the pricing in that FP&L contract; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve the piggy-back of a contract between FP&L and Felix Associates, LLC., to install approximately 7,100 feet of 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, along Boynton Beach Boulevard and Military Trail to Woolbright Road and to authorize the City Manager to execute a Contract between the City of Boynton Beach and Felix Associates, LLC., in a form acceptable to the City Attorney’s office, in the amount of $3,109,870.00, plus a 10% contingency in the amount of $310,987.00 for a total encumbrance of $3,420,857. 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 hereby waives the formal bid requirement for 226 of 513 construction projects in excess of $75,000.00. Section 3. The City Commission hereby approves the piggy-backing of a contract between FP&L and Felix Associates, LLC., to install approximately 7,100 feet of 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, along Boynton Beach Boulevard and Military Trail to Woolbright Road. Section 3. The City Commission of the City of Boynton Beach hereby authorizes the City Manager to execute a Contract between the City of Boynton Beach and Felix Associates, LLC., in a form acceptable to the City Attorney’s office, in the amount of $3,109,870.00, plus a 10% contingency in the amount of $310,987.00 for a total encumbrance of $3,420,857. Section 4. That this Resolution shall become effective immediately. 227 of 513 PASSED AND ADOPTED this _____ day of June, 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) 228 of 513 229 of 513 230 of 513 231 of 513 232 of 513 233 of 513 234 of 513 235 of 513 236 of 513 237 of 513 238 of 513 239 of 513 240 of 513 241 of 513 242 of 513 243 of 513 244 of 513 245 of 513 246 of 513 247 of 513 248 of 513 249 of 513 250 of 513 251 of 513 252 of 513 253 of 513 254 of 513 255 of 513 256 of 513 257 of 513 258 of 513 259 of 513 260 of 513 261 of 513 262 of 513 263 of 513 264 of 513 265 of 513 266 of 513 267 of 513 268 of 513 269 of 513 270 of 513 271 of 513 272 of 513 273 of 513 274 of 513 275 of 513 276 of 513 277 of 513 278 of 513 279 of 513 280 of 513 281 of 513 282 of 513 283 of 513 284 of 513 285 of 513 286 of 513 287 of 513 288 of 513 289 of 513 290 of 513 291 of 513 292 of 513 293 of 513 294 of 513 295 of 513 296 of 513 297 of 513 298 of 513 299 of 513 7. C BIDS AND PURCHASES OVER $100,000 July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Requested action is threefold to purchase pipe for the EQUESTED CTION BY ITY OMMISSION installation of a new raw water main along Military Trail and Boynton Beach Blvd. for Section A of the Wellfield Interconnect Project: (1) Waive the City's formal bid requirement for the acquisition of goods or materials that cost more than $25,000 due to the unique nature and urgent need for the materials, (2) Authorize staff to obtain at least three (3) written quotes in lieu of formal bids, (3) Approve the resulting pre-purchase of 36-inch American Ductile Iron Pipe through Ferguson Waterworks in the net amount of $844,467.80 after a deduction of a $47,250.00 shipping quotation. ER: The City’s Business Plan calls for interconnecting the East and XPLANATION OF EQUEST West Water Treatment Plants with a new raw water main. The Utilities Department has been developing the design of that raw water main in three distinct contracts (Sections A, B, and C). Section A along Military Trail and Boynton Beach Blvd., is faced with an extremely tight time schedule due to the County’s desire to resurface Military Trail in the near future. In order to build this section to meet that schedule, the City should pre-purchase the ductile iron pipe required. This pipe has a lead time of 8-10 weeks from the order date to the delivery date. The pre-purchase request recommendation is based on the following three (3) written quotes from local area vendors meeting the material specification criteria for the City of Boynton Beach Utilities Department. $ 844,467.80 - Ferguson Waterworks $ 980,681.20 - US Pipe & Foundry $1,021,940.00 - HD Supply Waterworks 300 of 513 H? Pre-purchase of this pipe will allow the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section A to be built on schedule. FI: Purchase of the pipe is planned and funded as part of the related construction ISCAL MPACT project in the Utilities Capital Improvement Fund 404, CIP #WTR 136 (Ion exchange, surficial raw water main, pump station and sand filters), and totaling $30,005,000. A: Obtain a delay in schedule from the County, and procure this pipe through LTERNATIVES formal bids or as part of the construction contractor’s pricing. 301 of 513 302 of 513 303 of 513 304 of 513 305 of 513 306 of 513 307 of 513 308 of 513 309 of 513 310 of 513 311 of 513 312 of 513 313 of 513 314 of 513 315 of 513 316 of 513 317 of 513 318 of 513 319 of 513 320 of 513 321 of 513 322 of 513 323 of 513 9. A PUBLIC HEARING July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: TABLED ON JUNE 15, 2010 - Request for relief from the EQUESTED CTION BY ITY OMMISSION City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe ER: The applicant has now met their public hearing notification XPLANATION OF EQUEST requirements and therefore the subject item can be reviewed by the City Commission. The applicant (and property owner) proposes a freestanding metal carport for storage of a boat trailer for a 21 foot boat docked in the canal to the rear of the residence. The size of the proposed carport is 12 feet wide, 24 feet to 26 feet long, approximately 288 to 312 total square feet, and 7 feet to 8 feet high. The proposed location of the structure is on an existing concrete slab, abutting the north side of the existing three (3) car garage. The proposed carport would be located seven (7) feet from the front property line, resulting in an encroachment of 18 feet into the minimum front setback, and zero (0) feet from the rear setback, or an encroachment of 20 feet into the minimum rear setback. Therefore, variances to the minimum front and rear setbacks are required prior to the issuance of a building permit for the proposed carport. Staff recommends that the subject request be denied, as not all the hardship/review criteria are satisfied. However, if the City Commission favors the variance request, staff has also provided additional information within the staff report, for consideration, which provides a more detailed description of the remote lot characteristics and adjacent land uses, its lacking visibility from, and impact upon the abutting right-of-way, and an indication that no objection has been raised by the neighbors. Furthermore, staff recommends two conditions of approval to be considered by the Commission if the project is approved. One condition would require that the new 324 of 513 structure be constructed of materials that match the abutting, permanent garage and house, and the other condition would require that no portion of the new structure encroach onto, or overhang over the abutting canal right-of-way unless written permission is received from the Lake Worth Drainage District. The Planning and Development Board reviewed the request on June 22, 2010 and forwards it with a recommendation for approval, subject to the conditions of approval recommended by staff. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request. LTERNATIVES 325 of 513 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-036 STAFF REPORT To: Chair and Members Planning and Development Board Thru: Michael Rumpf Planning and Zoning Director From: Kathleen Zeitler Planner II Date: May 17, 2010 Project: 3416 South Lake Drive (Jaffe) Variances (ZNCV 10-006) Requests: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.B.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and, Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. BACKGROUND The subject property is generally located east of Interstate 95 near the southern limits of the City within the Lake Eden subdivision. The 0.29-acre lot is on the east side of South Lake Drive and abuts the L.W.D.D E-4 Canal to the east (see Exhibit “A” – Location Map). The subject property and Lake Eden neighborhood are currently zoned R-1-AAB, Single-family Residential. The required minimum setbacks of the R-1-AAB zoning district are as follows: front yard, 25 feet; side yard, 10 feet; and rear yard, 20 feet. In 1973, the subject site was developed as a one-story single-family residence with an attached two (2)- car garage. According to the Palm Beach County Property Appraiser’s records, the residence on the subject property is a four (4)-bedroom, two (2)-bath house consisting of 1,521 square feet of air- conditioned space, and a total of 2,352 square feet. The subject property also has a swimming pool and a new freestanding three (3)-car garage. In 2008, the applicant was granted variances to the front and rear yard setbacks to construct the freestanding 3-car garage, with reduced setbacks of 14 feet in the front yard and two (2) feet in the rear yard (ZNCV 08-005). On July 2, 2009, a Certificate of Occupancy was issued for the newly constructed 3-car garage. 326 of 513 The applicant’s current variance requests are in conjunction with his proposed plan for a freestanding open carport to use for boat storage next to the existing 3-car garage (see Exhibit “B” – Site Plan/Survey). PROPOSAL The applicant proposes a freestanding metal carport for storage of a boat trailer for the 21 foot boat that is docked in the canal to the rear of the residence. The carport is proposed immediately north of the existing three (3)-car garage within the narrow triangular-shaped portion of the subject lot. The applicant has preliminary information regarding the proposed dimensions of the carport that indicate a desired width of 12 feet, length of 24 to 26 feet (approximately 288 to 312 total square feet) and height of seven (7) feet to eight (8) feet. The proposed carport would be made entirely of prefabricated steel with a pitched roof supported by poles and open on all sides, and anchored into an existing concrete slab. At this time, the applicant has not decided on which company to purchase the carport from, and therefore has no specifications to submit. Staff has included a photo of a carport structure similar in appearance to the proposed carport (see Exhibit “C”). The applicant understands that, if the variance requests are granted, the Building Code will require the carport to meet windloads of 140 miles per hour. As indicated on the Survey/Site Plan submitted, the proposed carport would be located seven (7) feet from the front property line, resulting in an encroachment of 18 feet into the minimum front setback, and also would be located zero (0) feet from the rear property line, resulting in an encroachment of 20 feet into the minimum rear setback. Therefore, variances to the minimum front and rear setbacks are required prior to the issuance of a building permit for the proposed carport. ANALYSIS The City Commission has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of an ordinance, the applicant must demonstrate that the request meets the following criteria (a-g). The applicant’s justification and response to these criteria is attached (see Exhibit “D” - Justification Statement). a.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The applicant notes in his justification (Exhibit “D”) that the subject lot is pie-shaped with very little buildable area on the lot. Staff has conducted an analysis with emphasis on the uniqueness of the subject property relative to other parcels in the Lake Eden subdivision and neighborhood impact. Staff recognizes that special conditions do exist at this location relative to other properties within the neighborhood that are similarly zoned. The platting pattern for the majority of lots within the Lake Eden subdivision is rectangular in shape with the exception of the subject lot, which is triangular in shape. No other parcels in the neighborhood are as irregularly-shaped, but instead have typical buildable envelopes. It should be noted that construction of the proposed carport on the subject lot would not be feasible without encroaching within the required front and rear yard setbacks due to the minimal depth of the lot. Unlike typical rectangular-shaped lots, which have a rear yard and two (2) side yards, this property provides a front, a rear and only one (1) side yard along the south property line. Further, the front (west) and rear (east) property lines taper to the north to form a triangle. If 327 of 513 this parcel was rectangular-shaped, comparable to other lots along the canal and throughout the subdivision, the proposed carport would be feasible without the need for the requested variances. b.That the special conditions and circumstances do not result from the actions of the applicant. The applicant notes in his justification that the size and configuration of the subject lot are not the result of the applicant’s will or actions. The property lines have remained as originally platted. Although the subject lot size of 12,924 square feet conforms to the minimum lot area of 9,000 square feet required in the R-1-AAB zoning district, it is clear that the triangular shape of the lot results from the convergence of the angle of South Lake Drive and the opposing angle of the canal right-of-way. Staff concurs with the applicant that special conditions and circumstances do exist, related to lot configuration, which are not the result of actions by the applicant. Therefore the subject property presents a unique situation relative to other lots in the Lake Eden subdivision. Although an argument could be made that the special conditions and circumstances are not the result of the applicant, ultimately the applicant purchased a property that provided them limited opportunities for potential expansion. c.That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Although granting the variance would allow the applicant more use of his irregular-shaped property, the subject property already supports an attached 2-car garage (460 square feet), a detached 3-car garage (912 square feet), and a swimming pool. With the additional proposed carport (288 to 312 square feet), the applicant would have more than 1,675 square feet of accessory buildings on site. Records indicate most garages in the subdivision are between 500 and 700 square feet in size. There are a couple exceptions where very large residences were constructed on multiple (combined) lots, and the corresponding garages are less than 1,400 square feet. In addition, existing garages in the neighborhood are attached and constructed with the same architecture, color, and materials as the residence. Records indicate the existing two (2) carports in the subdivision are not freestanding and have been integrated into the architecture of the residence, unlike the proposed carport. There are no records found of setback variances for the subdivision, except the previously granted variance for the 3-car garage on the subject property (ZNCV 08- 005). Therefore, granting the requested variance to further reduce minimum setbacks to seven (7) feet in the front yard and zero (0) feet in the rear yard would likely confer special privileges on the applicant. d.That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights or cause undue hardship. Typically, waterfront properties in the neighborhood have boats located at the dock to the rear of the residence, and a few lots have boathouses near the water’s edge. The applicant currently has a 2-car attached garage and a 3-car detached garage on his lot, which already exceeds the typical 2-car to 3-car garage found in the area. The applicant could adequately store the boat trailer on site either by storing it inside of an existing garage, or by parking the trailer next to the garage and covering with a tarp. The boat trailer also could be stored off-site at a storage facility. These alternative storage options are viable solutions available to other residents in the area that would not require a variance. 328 of 513 e.That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variances are not considered to be the minimum that will make possible the reasonable use of the single-family lot. The applicant currently has reasonable use of the subject lot due to the existing single-family residence of 2,352 square feet, and the existing detached 3-car garage of 912 square feet, and swimming pool. The requested variance amounts of 18 feet (front) and 20 feet (rear) equal 72 percent (72%) and 100 percent (100%) of the minimum required setbacks, respectively. f.That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the variance would not meet the intent of the ordinance. Building setbacks are generally intended to provide uniformity to a neighborhood, allow a certain measure of privacy between neighbors, provide space for light and air circulation, and provide distance between neighbors to mitigate noise and odors. It is common among most jurisdictions for codes to restrict accessory buildings from locating in the front yard or closer to the road than the principal structure. The location of an accessory building should be unobtrusive in relation to the principal building, and is customarily placed behind the residence and screened from view of neighboring properties. In addition, the Lake Eden neighborhood is considered to be one of the City’s upscale areas. The carport would be located at the entrance to the subdivision and, as proposed, would not be consistent with existing characteristics of the neighborhood. The existing detached three (3)-car garage was designed to be of similar architecture as the residence and include a side door and rear windows in addition to the overhead garage doors. The architecture, building materials, and colors for the recently constructed three (3)-car garage were compatible with the existing residence. However, the proposed carport is open on all sides and consists of a pre-fabricated metal roof supported by metal poles. The architecture and building materials for the proposed carport are not compatible with any other structures on site or in the area. g.For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The requested variances are for reduced setbacks, rather than for lot area or frontage requirements, therefore this criteria is not applicable. CONCLUSIONS / RECOMMENDATION Staff has reviewed the requested variances focusing on the applicant’s response to the above criteria contained in Exhibit “D”. The code states that the zoning code variance cannot be approved unless the board finds compliance with all the stated criteria. As noted above, staff indicates that only some of the criteria are met. The existing improvements on the property, which include a residence with an attached two (2)-car garage, an unscreened pool, and a detached 3-car garage represent “reasonable use” of a parcel zoned for single-family homes. A hardship clearly does not exist in this case because the situation was created by the applicant’s desire to have multiple accessory structures on a comparably small lot that is already built-out. The variance 329 of 513 requests could be avoided by either covering the boat trailer with a tarp, or storing the boat trailer off- site at a storage facility. Therefore, based upon these findings, staff recommends that this request be DENIED . Staff is generally supportive of residential redevelopment and associated improvements and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of this criteria, which places greater emphasis on economic potential, minor home improvements, and characteristics of or impact upon surrounding properties. For these reasons, staff offers the following additional information for consideration: 1. While the proposed carport is to be located seven (7) feet from the front property line, South Lake Drive is a local street with 60 feet of right-of-way width consisting of 20 feet of asphalt and 20 feet of swale on each side. There are no sidewalks in the Lake Eden neighborhood, therefore the proposed carport would be located a total of 27 feet from the edge of the asphalt roadway, which would maintain adequate space and views along South Lake Drive. In addition, the proposed carport is to be located on the rear property line; however, the subject property abuts a 150 foot wide canal right-of-way to the rear (east), which provides greater than typical separation between single-family dwellings, and would prevent any negative impacts on adjacent properties to the east. 2. The carport for boat trailer storage would be located on the north edge of the subject property. There is no abutting residence to the north, therefore preventing any impacts of the proposed carport on adjacent properties to the north. The location of the proposed carport would not block the view of motorists backing out of their 3. driveway, or other driveways along South Lake Drive, as the approximate length of driveways are 45 feet, and most residences also have circular drives in addition to the driveway in front of their garage. The proposed carport would not be visible from the right-of-way or from adjacent properties due to 4. existing tall hedges along the front property line and within the L.W.D.D. canal right-of-way; and Staff has received no letters of objection regarding the requested setback variances. 5. Staff recommends two (2) conditions of approval that would apply if the variance requests were approved (see Exhibit “E” – Conditions of Approval). Any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit “E”. MR/kz S:\Planning\SHARED\WP\PROJECTS\Jaffe - Wantshouse Variance\Jaffe Variance\ZNCV 10-006\Staff Report.doc 330 of 513 331 of 513 332 of 513 333 of 513 334 of 513 335 of 513 EXHIBIT "E" Conditions of Approval Project name: Jaffe Variances File number: ZNCV 10-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. If the variance request is approved, the carport shall be required to be X constructed as an addition to the existing 3-car garage with the same architecture, building materials, and building colors, to be more compatible with existing accessory structures in the area. 2. If the variance request is approved, the plans submitted for building X permit shall reflect no carport overhang on the L.W.D.D. E-4 Canal right-of-way, or shall include submission of a letter authorizing such overhang from the L.W.D.D. 336 of 513 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Jaffe - Wantshouse Variance\Jaffe Variance\ZNCV 10-006\COA.doc 337 of 513 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jaffe Variances (ZNCV 10-006) APPLICANT’S AGENT: Dr. Steven Jaffe APPLICANT’S ADDRESS: 3416 South Lake Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2010 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring a front building setback of 25 feet, to allow an 18-foot variance, and a front building setback of 7 feet, and requiring a rear building setback of 20 feet, to allow a 20-foot variance, and a rear building setback of 0 feet for a proposed carport accessory to a single- family residence in the R-1-AAB zoning district. LOCATION OF PROPERTY: 3416 South Lake Drive, Boynton Beach DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ____X____ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “E” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other __________________________________________________________________ DATED:__________________________ ________________________________________________ 338 of 513 City Clerk S:\Planning\SHARED\WP\PROJECTS\Jaffe - Wantshouse Variance\ Jaffe Variance\ZNCV 10-006\DO.doc 339 of 513 9. B PUBLIC HEARING July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the draft version of a portion of Group 8 of the EQUESTED CTION BY ITY OMMISSION rewrite of the Land Development Regulations, including, in part, administration, the concurrency regulations, Wireless Communications Facilities (WCF), as well as new provisions providing for an expeditious means of modifying an existing development order. Applicant: City initiated. ER: Group 8 is the next portion of a series of deliverables being XPLANATION OF EQUEST prepared by staff as part of the rewrite of the Land Development Regulations. This deliverable is comprised of the general provisions of the LDR (administration), updates to the concurrency regulations and housing programs, references to the Comprehensive Plan and other redevelopment plans, new provisions for Wireless Communication Facilities (WCF), and a new provision that would provide a means for the modification of previously approved development order. Below is a list of all the articles associated with the new Chapter 1, as well as new sections in Chapters 2 and 3. The title of each article (in bold) are submitted as follows within this portion of Group 8: Chapter 1. General Administration Article I. General Provisions Article II. Definitions Article III. Relationship to Comprehensive Plan Article IV. Redevelopment Plans Article V. Housing Initiatives Article VI. Concurrency Management System Article VII. Decision Making and Administrative Bodies Article VIII. Due Process and Quasi-Judicial Hearings 340 of 513 Chapter 2, Article II (Planning and Zoning Division Services) Section 6.D. Modification to Development Order Chapter 3, Article V (Supplemental Regulations) Section 13. Wireless Communication Facilities (WCF) The Planning and Development Board reviewed this item on June 22, 2010 and forwards it with a recommendation for approval. H? The ultimate rewritten and adopted LDR OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will provide an updated and user-friendly set of regulations intended, in part, to support the City’s green initiatives, affordable housing goals, community appearance standards, and the diverse needs of the development sector. FI: N/A ISCAL MPACT A: Not approve or approve with modifications. LTERNATIVES 341 of 513 342 of 513 343 of 513 344 of 513 345 of 513 346 of 513 347 of 513 348 of 513 349 of 513 350 of 513 351 of 513 352 of 513 353 of 513 354 of 513 355 of 513 356 of 513 357 of 513 358 of 513 359 of 513 360 of 513 361 of 513 362 of 513 363 of 513 364 of 513 365 of 513 366 of 513 367 of 513 368 of 513 369 of 513 370 of 513 371 of 513 372 of 513 373 of 513 374 of 513 375 of 513 376 of 513 377 of 513 378 of 513 379 of 513 380 of 513 381 of 513 382 of 513 383 of 513 384 of 513 385 of 513 386 of 513 387 of 513 388 of 513 389 of 513 390 of 513 391 of 513 392 of 513 393 of 513 394 of 513 395 of 513 396 of 513 397 of 513 398 of 513 399 of 513 400 of 513 401 of 513 402 of 513 403 of 513 404 of 513 405 of 513 406 of 513 407 of 513 408 of 513 409 of 513 410 of 513 411 of 513 412 of 513 413 of 513 414 of 513 415 of 513 416 of 513 417 of 513 418 of 513 419 of 513 420 of 513 421 of 513 422 of 513 423 of 513 424 of 513 425 of 513 426 of 513 427 of 513 428 of 513 429 of 513 430 of 513 431 of 513 432 of 513 433 of 513 434 of 513 435 of 513 436 of 513 437 of 513 9. C PUBLIC HEARING July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-016 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve an Ordinance creating Section 18-184.2 of the Firefighters' Retirement Plan providing for a supplemental benefit to be funded entirely with available Chapter 175, Florida Statutes, excess premium tax revenue. ER: XPLANATION OF EQUEST The Board of Trustees of the Boynton Beach Firefighters’ Retirement Plan, at its meeting of May 6, 2010, gave final approval to request the City Commission to amend the City Code to provide supplemental benefits to the qualified retirees fund exclusively with available Chapter 175 premium tax revenue. The following paragraphs explain this request by providing: (a) An explanation of the proposed use of the excess premium tax revenue. (b) The history of Chapter 175 premium tax revenue. (c) The present status of Chapter 175 premium tax revenue at the City. Explanation of the Proposed Use of the Excess Premium Tax Revenue: The proposed Ordinance amends the Firefighters’ Pension Trust Fund to create an “ad hoc supplemental benefit” funded 100% with excess Chapter 175 premium tax revenue. Unlike other amendments, this benefit is not a guaranteed defined benefit and is payable to retirees exclusively from available excess Chapter 175 premium tax revenue. As such, it is not an unfunded actuarial liability. 438 of 513 Based on this proposal, the Pension Trust Fund’s actuary is of the opinion that the Ordinance “would have no significant actuarial impact on the Plan.” Summary of the supplemental benefit: (a) Paid annually from additional premium tax revenues to retirees in a pay status following one full year of retirement. (b) Paid providing that the additional premium tax revenue is available. (c) Each eligible retiree shall receive a distribution up to $500 per year of credited service in the plan not to exceed 20 years. (d) The availability of additional premium tax revenues shall be confirmed in writing by the Pension Board’s actuary (e) Lump sum supplemental benefits are payable to retirees who separated from service on or after October 1, 2005, but prior to the adoption of this ordinance. (f) Prior to the payment of any benefit, eligible retirees shall acknowledge in writing that they have no right, title or interest in the supplemental benefit in future years as such additional premium tax revenues may be used for other purposes as determined by the collective bargaining process. History of Chapter 175 Premium Tax Revenue: Chapter 175, Florida Statutes, dates back to 1939 when it was enacted by the Florida Legislature to provide an incentive for cities to create municipal firefighter pension trust funds. These local or municipal pension plans are governed by Chapter 175, Florida Statues. Chapter 175 premium tax revenue is funded by a small percentage tax on insurance premiums paid on fire and casualty insurance coverage within the City of Boynton Beach. Each year, the State collects the premium tax and distributes the funds to the Firefighters' Retirement Plan. In 1999, the Legislature amended Chapter 175 to prevent cities from using the future annual growth in Chapter 175 premium tax revenue to offset their existing cost of firefighter pension benefits. Growth in premium tax revenue results from (a) rising insurance premiums paid by property owners and (b) expanding insurable property. The 1999 Legislative amendment established 1997 as the “base year” for use of premium tax revenues each year. Any excess premium tax revenues available to cities beyond the base amount received each year requires cities to use the excess only for: (a) Minimum or extra benefits provided at that time or (b) New or enhanced additional benefits for firefighters. After 1999, cities are not permitted to use the growth of Chapter 175 premium tax money to defer or otherwise reduce the pension costs of the City of Boynton Beach. The Florida Legislature has created what may be described as a “use it” or “lose it” decision for cities. If the money is not used for the purpose of funding future firefighter pension benefits, the premium tax revenue may no longer be available. 439 of 513 Status of Chapter 175 Premium Tax Revenue at the City: Currently, the premium tax is 1.85% of all property insurance written within the City limits and the limits of the four (4) municipalities to which the City provides contract services. In 2006, we became the first in State to receive Chapter 175 premium tax money for contract areas and it is a contributing reason for excess revenues as these areas bring in approximately $120,000 annually. 10/1/2009 10/1/2008 10/1/2007 10/1/2006 Previous Plan Year Amount Received $ 930,274 $ 1,085,559 $ 1,038,888 $ 780,146 Less Benefit Improvements $ - $ - $ - $ - Less Base Amount $ (589,543) $ (589,543) $ (589,543) $ (589,543) Excess Funds $ 340,731 $ 496,016 $ 449,345 $ 190,603 Prior Excess Used $ - $ - $ - $ - Accumulated Excess at Beginning of Previous Year $ 1,200,839 $ 704,823 $ 255,478 $ 64,875 Accumulated Excess as of Valuation Date $ 1,541,570 $ 1,200,839 $ 704,823 $ 255,478 The Boynton Beach Firefighters Pension Fund received an average of Chapter 175 premium tax revenue of approximately $1,018,000 annually in the last three (3) years. After the funding of existing benefits at the currently allowed base amount of $589,543, the excess of Chapter 175 revenue averages approximately $428,000 annually. The accumulated amount of excess Chapter 175 premium tax revenue is $1,541,570 as of the October 1, 2009 valuation date. It is these funds that the Firefighters Pension Fund is proposing to be used for the “Supplemental Benefit Distribution” ordinance. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This Ordinance will have no impact on City programs or services. FI: ISCAL MPACT This Ordinance will have no fiscal impact on the City. See attached actuarial impact statement. A: LTERNATIVES Not pass the Ordinance and return it to the Pension Board. 440 of 513 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING SECTION 18-184.2 OF THE FIREFIGHTERS’ RETIREMENT PLAN PROVIDING FOR THE PAYMENT OF A ONE TIME SUPPLEMENTAL BENEFIT FOR RECENT RETIREES AND AN AD HOC BENEFIT FOR FUTURE RETIREES, TO BE FUNDED WITH AVAILABLE CHAPTER 175 PREMIUM TAX REVENUE; PROVIDING FOR CONFLICTS; CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Florida sponsors a retirement plan and trust fund for firefighters pursuant to Chapter 175, Florida Statutes; WHEREAS, the Board of Trustees of the Boynton Beach Firefighters’ Retirement Plan desires to amend the City Code to provide an annual ad hoc supplemental benefit for future retirees and a lump sum supplemental benefit for recent retirees, funded exclusively with available Chapter 175 premium tax revenue; WHEREAS , the Board of Trustees of the Boynton Beach Firefighters’ Retirement Plan recognizes that Chapter 175 premium tax revenue can only be used for firefighter pension benefits and cannot be used for any other purposes; WHEREAS, payment of these supplemental payments will not create any actuarially unfunded liabilities for the City; and WHEREAS , the City Commission has determined this amendment will benefit the citizens and firefighters of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Section 18-184 is hereby created to read as follows: Section 18-184.2 Ad Hoc Supplemental Benefit. (a) Supplemental Benefit. “Available funds” shall be used to pay an “extra benefit” as set forth in this Section, from “additional premium tax revenues” as defined by Section 175.351(1)(a), Florida Statutes. An Ad Hoc supplemental 441 of 513 benefit shall be paid annually, following one full year of retirement (disability, early or normal, DROP or deferred vested retirement), to eligible retirees who have entered pay status. After the Board approves payment, the distribution shall be made by the end of the second calendar quarter. (b) Using available funds, an Ad Hoc supplemental benefit shall be paid to each eligible retiree who retires after the adoption of this ordinance, provided that additional premium tax revenue is available. For purposes of this section, eligible retiree shall mean any member who is currently employed and future members who retire after earning ten or more years of actual service, including DROP participants. Any Ad Hoc supplemental benefits payable under this Section to active DROP participants shall be paid into a member’s DROP account, beginning one year after entering DROP. (c) Calculation of Ad Hoc Benefit. Each eligible retiree shall receive a distribution of available funds of up to five hundred dollars ($500) per year of credited service, for each year of credited service in the plan, not to exceed twenty years. The City delegates to the Pension Board the ability to adopt administrative rules to implement this ordinance. (d) Calculation of available funds: On the date of adoption of this ordinance, the pension plan provides for a twelve percent (12%) member contribution rate. Any future increases in the member contribution rate over twelve percent (12%), including but not limited to COLA costs described in Section 18-180.2, shall first be deducted from available funds. Prior to paying Ad Hoc supplemental benefits, the availability of additional premium tax revenues and available funds shall be confirmed in writing by the Pension Board’s actuary. From time to time, the Pension Board may recommend adjustments to the calculation formula, based on the projected status of available funds. (e) Lump Sum Supplemental Benefit for Eligible Recent Retirees. Available funds shall also be used by the Board to pay a lump sum supplemental benefit to recent retirees who separated from service on or after October 1, 2005 but prior to the adoption of this ordinance. The lump sum benefit shall be calculated based on the number of years of service between 442 of 513 October 1, 2005 and retirement. The lump sum shall be paid in annual installments corresponding to the number of years of service worked subsequent to October 1, 2005. Such retirees shall not be eligible for future Ad Hoc supplemental benefits. (f) Non-Guarantee of Benefits. Prior to payment of any benefit under this Section, eligible retirees shall acknowledge in writing that they have no right, title or interest in Ad Hoc supplemental benefits in any future year. Eligible retirees shall further acknowledge that they have no expectation in any future Ad Hoc supplemental benefits since there may be years where no Ad Hoc supplemental benefit is paid, based on the availability of additional premium tax revenue. Eligible retirees shall specifically acknowledge that available funds and additional premium tax revenues may be used for other purposes in the future, as determined by the collective bargaining process. Section 2: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 3: Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4: Authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove 443 of 513 ______________________________ Commissioner – Woodrow L. Hay ATTEST: _______________________________ Commissioner- Steven Holzman ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 444 of 513 445 of 513 446 of 513 447 of 513 448 of 513 449 of 513 450 of 513 451 of 513 11. A FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on Alternative Use of Vacant Landfill Property East EQUESTED CTION BY ITY OMMISSION of the Boynton Beach Links, Municipal Golf Course (August 3, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 452 of 513 11. B FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board (August 3, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 453 of 513 11. C FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Report on Comment Cards for use at City Commission EQUESTED CTION BY ITY OMMISSION Meetings (August 3, 2010) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 454 of 513 11. D FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion on Sale/Transfer of WXEL (August 3, 2010). EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 455 of 513 11. E FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 456 of 513 11. F FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 1st Budget Public Hearing & Adoption of Proposed FY EQUESTED CTION BY ITY OMMISSION 2010-2011 Annual Operating & CIP Budget – NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 457 of 513 11. G FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Public Hearing & Adoption of Final FY 2010-2011 Annual EQUESTED CTION BY ITY OMMISSION Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 458 of 513 11. H FUTURE AGENDA ITEMS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 2nd Budget Public Hearing & FINAL Adoption of FY 2010- EQUESTED CTION BY ITY OMMISSION 2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm – Commission Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 459 of 513 13. A LEGAL July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-015 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve the revised Red Light Camera Ordinance ER: This proposed Ordinance is intended to implement the red light XPLANATION OF EQUEST camera enforcement program pursuant to Chapter 2010-80, Laws of Florida. The proposed Ordinance also provides for the transition from the City’s red light camera program as enacted in 2008 (Ordinance 08-034) to the State law program. The State law program is effective July st 1 but adoption of the City Ordinance is a prerequisite to commencement of enforcement in the City. H? By adopting the Ordinance, the City can OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES implement the State program. Under the State law, the City’s portion of the revenue from each citation is $75.00. Right turn on red violations will be viewed on a case by case basis and will be handled in accordance of FSS. FI: Assuming the use of 16 cameras, the range of gross revenue realized is ISCAL MPACT $1,314,000 (3 daily violations per camera) to $2,190,000 (5 daily violations per camera). After assuming a reduction for the actual number of tickets written, part fiscal year implementation and fines actually paid in the first fiscal year, the foregoing gross revenues range from $402,000 to $1,278,000 in the initial fiscal year (FY 2010-11) The camera vendor’s estimated charges are $4,750 per camera per month. Assuming the same 16 cameras, the annual total cost is $912,000 before costs incurred for enforcement or collection. Partial year implementation could approximate $456,000 of costs from the vendor resulting in average net revenues of no more than $400,000 in the first year before enforcement or collection costs. 460 of 513 A: Do not adopt the ordinance and end City action to implement a red light LTERNATIVES camera enforcement program. 461 of 513 ORDINANCE NO. 10-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING AND RESTATING CHAPTER 14.5 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, “THE BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACT”, IN ITS ENTIRETY; AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF TRAFFIC INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS PURSUANT TO STATE LAW; PROVIDING FOR DEFINITIONS; PROVIDING FOR TRAFFIC INFRACTION ENFORCEMENT OFFICERS; AUTHORIZING CITY ADMINISTRATION TO TAKE ALL STEPS NECESSARY TO IMPLEMENT AND OPERATE THE ENFORCEMENT PROGRAM PURSUANT TO THE REQUIREMENTS OF STATE LAW; PROVIDING FOR THE LOCATION OF TRAFFIC INFRACTION DETECTORS WITHIN THE CITY; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach adopted Ordinance No. 08-034, which enacted the Boynton Beach Dangerous Intersection Safety Act, the provisions of which were codified in Chapter 14.5 of the City’s Code of Ordinances (“Ordinance No. 08-034”); and, WHEREAS, Ordinance 08-034 authorized the City to enforce civil infractions for violations of red light indications on traffic control signals, using traffic infraction detectors; WHEREAS, Ordinance 08-034 was adopted pursuant to the City’s Constitutional and home rule authority in Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, as well as Section 316.008, Florida Statutes, which grants municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of police power, authority to regulate and monitor traffic by means of police officers and security devices, as well as other authority provided by law; and, WHEREAS, on May 13, 2010, Governor Charlie Crist signed the “Mark Wandall Safety Program,” enacted as Laws of Florida, Chapter 2010-80 (the “State Act”), which, among other things, now expressly preempts to the state the subject matter of using unmanned cameras/monitoring devices, referred to as traffic infraction detectors in the State Act and defined therein, to enforce violations of red light indications on traffic control devices as of July 1, 2010; and 462 of 513 WHEREAS, the City Commission of the City of Boynton Beach finds that implementation of the enforcement program pursuant to the State Act effective July 1, 2010, will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes WHEREAS, the City Commission desires to implement the enforcement program set forth in the State Act. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 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 Ordinance upon adoption hereof. Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach, entitled Boynton Beach Dangerous Intersection Safety Act, shall be amended and restated to read as follows: Chapter 14.5: Red Light Infraction Enforcement Pursuant to State Law. §14.5-1 Intent. The purpose of this Chapter is to authorize the use of traffic infraction detectors to promote compliance with red light signal directives as defined in and prescribed by Laws of Florida, Chapter 2010-80 (the “State Act”). Consistent with State law, this Chapter will also supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance with other statutory traffic enforcement techniques. §14.5-2 Authorization for Enforcement Program. Effective July 1, 2010, the City shall enforce compliance with red light signal directives pursuant to the State Act, to utilize image capture technologies. The City shall comply with the requirements of the State Act, including without limitation the enforcement of Violations as defined herein and in the State Act, authorized fines for violations, citation forms, review of affidavits of non-responsibility, reporting obligations to state agencies, payments to the state, and public notice. This Chapter shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. §14.5-3 Definitions. The definitions set forth in the State Act, as may be amended, shall apply to the City’s implementation and application of the State Act. In addition, the following definitions shall apply to this Chapter: 463 of 513 (a)Notice of Violation. Initial notification from the City to the registered owner of a motor vehicle involved in a violation, notifying the registered owner of the violation, and containing information required by the State Act. (b)Recorded Images. Images recorded by a traffic infraction detector, which includes but is not limited to photographic or electronic images or streaming video. (c)Traffic Citation. Notification to the registered owner of a motor vehicle involved in a violation who failed to timely pay the fine pursuant to a Notice of Violation, and containing all information required by the State Act. (d)Traffic Infraction Enforcement Officer. The City Police Department employee designated pursuant to Section 14.5-4 herein, who meets the requirements of the State Act and who shall review the Recorded Images and issue Notices of Violation and Traffic Citations pursuant to the requirements of this Chapter and the State Act. (e)Violation. Violation of Sections 316.074(1) or 316.075(1)(c)1, Florida Statutes. §14.5-4 Traffic Infraction Enforcement Officer The City’s Police Chief shall designate Traffic Infraction Enforcement Officers, who shall meet the qualifications set forth in the State Act. (a)A Traffic Infraction Enforcement Officer shall review the Recorded Images that comply with the requirements of the State Act, prior to the issuance of a Notice of Violation pursuant to the State Act. Once the Traffic Infraction Enforcement Officer has verified the accuracy of the Recorded Images he or she shall note the violation and a Notice of Violation shall be sent to the registered owner of the involved vehicle pursuant to the State Act no later than thirty (30) days after the violation. The Notice of Violation shall be sent by first-class mail. (b)The State Act provides that in the event of non-payment of the Notice of Violation, the City shall issue a Traffic Citation to the vehicle owner. In the event of non-payment of the Notice of Violation within thirty (30) days of notification, the Recorded Images will be reviewed again by a Traffic Infraction Enforcement Officer, who will take all necessary action required by the State Act to send a Traffic Citation to the registered owner of the involved vehicle pursuant to the State Act no later than sixty (60) days after the Violation. The Traffic Citation shall be sent by certified mail. Section 3. The City Administration, including without limitation the City Manager, the Finance Department, the Police Department and the City Attorney, are authorized to take all steps necessary to implement and operate the Enforcement Program to comply with the requirements of the State Act. 464 of 513 Section 4. City Administration and the Police Department shall select the locations of the traffic infraction detectors within the City; provided that such locations comply with the requirements of the State Act, and subject to review by the City Commission at the request of the City Commission. Section 5. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission. FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow Hay _______________________________ Commissioner- Steven Holzman ATTEST: 465 of 513 ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 466 of 513 13. B LEGAL July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-017 - FIRST EQUESTED CTION BY ITY OMMISSION READING - titled "Live Entertainment Permits" (Exhibit "A") ER: This Ordinance intends to update and redefine the methodology by XPLANATION OF EQUEST which staff reviews business establishments that feature live entertainment. The need for increased oversight is due in part to recent trending towards mixed use development and to better address existing situations where residential and commercial uses are in close proximity. The emphasis of this legislation focuses on a comprehensive application process and staff review to ensure compliance with our land development regulations and noise ordinance prior to City Commission approval of a live entertainment permit application. Furthermore it’s intended to promote a more harmonious existence between residents and business establishments while providing for a well defined enforcement mechanism for those who choose not to comply. Modifications are proposed in our noise ordinance in conjunction with this approval that further define the parameters by which establishments can provide entertainment to their customers without interfering with their residential neighbors reasonable expectations for quiet during certain hours and days of the week. H? It’s anticipated the proposed Ordinance OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will assist staff in better monitoring those businesses that feature live entertainment and should serve to reduce the need for real time monitoring and call response by the Police Department and/or Code Compliance. FI: It is anticipated the permit fees will recover staff expenses in reviewing and ISCAL MPACT processing applications while reducing calls for service from the Police Department/Code Compliance therefore providing a potential savings in resources. 467 of 513 A: Choose to modify this Ordinance or continue using Ordinances currently in LTERNATIVES place. City Manager Comment: This is the first reading of the proposed ordinance. There may be comments from business owners on the proposed ordinance. A committee made up of City staff, Chamber of Commerce staff and CRA staff worked on this proposal. 468 of 513 ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH CODE OF ORDINANCES BY ENACTING CHAPTER 13, ARTICLE III, “LIVE ENTERTAINMENT PERMITS”; TO PROVIDE FOR THE PROCEDURES FOR ISSUING LIVE ENTERTAINMENT PERMITS, PUBLIC NOTICE AND HEARING; PROVIDE FOR CONDITIONS OF APPROVAL FOR LIVE ENTERTAINMENT PERMITS, REGULATION, AND PROCESS FOR REVOCATION; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE . WHEREAS , the City Commission desires to amend the City’s Code of Ordinances to provide for a mechanism to regulate the performance of live entertainment within commercial establishments located in the City in order to insure that the live entertainment is compatible with adjacent properties; and WHEREAS , by regulating the issuance of live entertainment permits, and amending the City’s Noise Control Ordinance, the City Commission recognizes the need to allow for live entertainment in commercial areas, including mixed use developments, so long as there are no adverse impacts to adjacent residential uses; and WHEREAS, the implementation of the live entertainment permit process is in the best interest of the health, safety, and welfare of the residents, citizens, and businesses within 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. That Chapter 13 of the City of Boynton Beach Code of Ordinances be, and the same is herby amended by enacting a new Article III, entitled “Live Entertainment Permits,” to read as follows: 469 of 513 13-80. Live Entertainment Permit: (a) Live entertainment defined. "Live entertainment" means a use in conjunction with a restaurant, cocktail lounge or other similar establishment, wherein floorshows or other forms of entertainment consisting of 1 or more persons, amplified or non-amplified sound, are provided indoors or outdoors, including but not limited to entertainment provided by Disc Jockey, Master of Ceremonies, or Karaoke. (b) Time limits. Any live entertainment permit granted by the City Commission shall expire 12 months after the date of approval of such live entertainment permit and must be renewed in accordance with subsection (h) of this section. (c) Method of approval. A Live Entertainment Permit may be approved by the City Commission after an application, as provided herein, has been processed by City staff. (d) Review and approval procedure. (1) Live Entertainment Permit applications shall be obtained from and filed with the Development Department, and may be initiated by the owner of the subject property or the owner's designated representative. All applications must be signed by the property owner. A complete application will be processed by the Development Department, which also consists of the required fee and necessary supportive materials, including the following: a. A development and site plan, indicating the location of the live entertainment. b. A summary of facts concerning the live entertainment, including proposed days and hours of operation, description of proposed entertainment, description of premises where entertainment is proposed, number of entertainers, etc. c. A valid Business Tax Receipt. All businesses wishing to secure an Entertainment Permit must conform with all local Zoning requirements. (2) The applicant shall notify property owners, homeowners associations and condominium associations located within 400 feet of the property involved in the petition, informing them of the date, time, place and reason for the public hearing in accordance with Section 2-20 of the City of Boynton Beach Code of Ordinances. . (3) The City Commission may approve or deny the Live Entertainment Permit application. A Live Entertainment Permit may be subject to conditions and additional restrictions, stipulations and safeguards as may be deemed necessary to ensure compliance with the intent and purpose of the City’s Code of Ordinances. Such conditions, when required by the City Commission, shall be made a part of the Live Entertainment Permit and are in addition to those conditions outlined in subsection (f) of this section. Violation of such conditions or the standard conditions outlined in subsection (f) of this section which are made a part of the terms under which the Live Entertainment Permit is granted shall be considered a violation of this provision of the City’s Code of Ordinances. A Live Entertainment Permit may be approved by a majority vote of the City Commission present and voting. (e) Non-transferable permit. A Live Entertainment Permit is valid only for a specific establishment at a specific location and is nontransferable to another establishment. If an establishment with a valid Live 470 of 513 Entertainment Permit ceases operation at a specific location and another establishment begins operation at this location, the Live Entertainment Permit is nontransferable to the new establishment at the same location. In addition, if an establishment with a valid Live Entertainment Permit relocates, the permit is nontransferable to the new location. In both instances, a new Live Entertainment Permit application must be submitted for City Commission consideration. (f) Standard conditions of approval for all permits. The following are standard conditions for approval of all Live Entertainment Permits which are incorporated into the City Commission’s approval of a Live Entertainment Permit application and made a part of the terms under which the Live Entertainment Permit is granted: (1) For indoor entertainment, all doors and windows shall remain closed during performances, with the exception of momentary use for ingress and egress. If doors and/or windows are opened during the performance, section (f)(2 ) is applicable. (2) Section 15-8 of the City’s Code of Ordinances, Noise control-Short title; through Section 15-10.7, Enforcement and Penalty, inclusive, pertaining to noise, shall apply to live entertainment, and all live entertainment shall be subject to enforcement of the City’s Noise Control Ordinance. (3) Hours of outdoor amplified live entertainment at establishments with a residential unit or units within 400 feet of the site shall not extend beyond 11:00 p.m. Sunday through Thursday evenings and.12:00 a.m. on legal holidays, Friday and Saturday evenings. (g) Standards for review. In its deliberations concerning the granting of a Live Entertainment Permit, the City Commission shall carefully consider the following guidelines and standards: (1) Ingress and egress to the subject property and use, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, shall be on substantially improved property and generally conform to current city regulations and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. (2) Off-street parking areas for the principal use shall be in conformance with applicable (e.g. parking space requirements) standards with respect to required parking, as well as be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the intended entertainment to be serviced, with particular attention to the items listed in subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the live entertainment shall not be detrimental to the adjoining properties in the general area. (3) Refuse and service areas, with particular reference to the items listed in subsections (g)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. (4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. (5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. (6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. 471 of 513 (7) The proposed live entertainment shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. (h) Permit renewal procedure. Live Entertainment Permits shall renew on an annual basis in conjunction with the Business Tax Receipt renewal effective October 1 of each year. Establishments with complaints that have been the subject of an Order issued by the City’s Code Compliance Board finding the establishment in violation of City Code, and/or findings by a Civil or Criminal Court of a violation of City Code or other applicable law(s) shall require annual City Commission approval prior to the renewal of the Live Entertainment Permit. Live Entertainment Permits not approved for renewal by City Commission will be prohibited from re-applying for a period of one (1) year. (i) Revocation of permits. The City Commission may revoke a previously approved Live Entertainment Permit upon making the following findings in a public hearing: (1) The operation of the live entertainment has resulted in the violation of a City ordinance, or any of the conditions of approval outlined in the approving Resolution, including the standard conditions outlined in subsection (h) of this section., and that the City’s Code Compliance Board has found that a violation has occurred, and entered an order finding that such a violation has occurred pursuant to Chapter 2, Article V, of the City’s Code of Ordinances. In the event the City Commission revokes a Live Entertainment Permit, the City Commission shall not issue a new Live Entertainment Permit for the same location for a period of twelve (12) months from the date of revocation. In order to submit an application for a new Live Entertainment Permit, the location must not have been found in violation of any City code provisions within the twelve (12) month time period just prior to the date the application for a Live Entertainment Permit is submitted.. (j) The City Commission hereby establishes the following Live Entertainment Permit Application Fee, a Live Entertainment Permit Fee which is computed based upon the date of the Commission’s action approving the Application, and an Annual Live Entertainment Permit Renewal Fee: 1. Live Entertainment Permit Application Fee $750.00 2. Live Entertainment Permit Fee $100.00 3. Annual Live Entertainment Permit Renewal Fee $150.00 (k) Live entertainment without a City Live Entertainment Permit is prohibited and violations of these regulations may be enforced by the City as follows: (a) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which violations of this Chapter are alleged, or (b) The City may enforce the provision of this Code by supplemental Code or Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or (c) The City may prosecute violations of this Section by issuance of Notices to Appear for violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: (1) First violation - $100.00 472 of 513 (2) Second violation within twelve (12) months of adjudication of first violation - $150.00 (3) Third violation within eighteen (18) months of adjudication of first violation - $250.00 Each day on which a violation exists shall constitute a separate violation for the purpose of determining the fine, or (d) The City Attorney, with authorization from the City Commission, may bring suit on behalf of the City to enjoin any violation of this Ordinance. Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. 473 of 513 FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE 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, MMC City Clerk (Corporate Seal) 474 of 513 13. C LEGAL July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-018 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") EXPLANATION OF REQUEST : Staff developed revisions to our existing noise regulations to coincide with our proposed live entertainment Ordinance in an effort to better address recent trending towards mixed use environments and in response to concerns expressed to us by both the business and residential communities. You’ll note the primary amendments to this Ordinance involve modification to the definition of weekdays and weekends as well as modification to the times subject to decibel level measurement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES ? No impact either way on City programs or services as we expect to continue to periodically respond to noise related complaints. FISCAL IMPACT : No impact ALTERNATIVES: Modify the proposed language or revert to the existing regulations. City Manager Comment: This is the first reading of the proposed ordinance. There may be comments from business owners on the proposed ordinance. A committee made up of City staff, Chamber of Commerce staff and CRA staff worked on this proposal. 475 of 513 ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH CODE OF ORDINANCES CHAPTER 15, “OFFENSES – MISCELLANEOUS”, ARTICLE I, “IN GENERAL”, SECTIONS 15-8 THROUGH 15-10.7; TO MODIFY THE DEFINITION OF WEEKDAYS AND WEEKENDS AS WELL AS MODIFY THE TIMES SUBJECT TO DECIBEL LEVEL MEASUREMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE . WHEREAS , the City Commission desires to amend the City’s Code of Ordinances to better address recent trending towards mixed use environments and in response to concerns expressed by both the business and residential communities; and WHEREAS , by amending the City’s Noise Control Ordinance, the City Commission recognizes the need to allow for live entertainment in commercial areas, including mixed use developments, so long as there are no adverse impacts to adjacent residential uses; and WHEREAS, the amendments to the noise control and sound control sections of the City of Boynton Beach’s Code of Ordinances are in the best interest of the health, safety, and welfare of the residents, citizens, and businesses within 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. That Chapter 15, “Offenses - Miscellaneous”, Article I, “In General”, Sections 15-8 through 15-10.7 of the City of Boynton Beach Code of Ordinances be, and the same are hereby amended to read as follows: Sec. 15-8. Noise control-Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of “City of Boynton Beach Noise Control Ordinance.” Sec. 15-8.1. Same-Purpose and space. 476 of 513 It is the purpose of sections 15-8 through 15-8.8 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade the quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound originating within the limits of this jurisdiction. Sec. 15-8.2. Same-Terminology and standards. All terminology used in sections 15-8 through 15-8.8, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor: All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. L10 sound level. The sound level exceeded for more than ten (10) per cent of a measurement period which for the purposes of sections 15-8 through 15-8.8 shall not be less than ten (10) minutes. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. National holiday. Those annual holidays designated in 5 U.S.C. 6103. 477 of 513 Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive activities include but are not limited to operations of schools, libraries open to public, churches, hospitals and nursing homes. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency, or instrumentality of the United States, a state or any political subdivision of a state. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by five (5) dB for center frequencies of 500 Hz and above and by eight (8) dB for center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies less than or equal to 115 Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intra-building real property divisions. Residential area. An parcelarea of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartment hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound which is: 478 of 513 (1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A- weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 106N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Weekday. Any day Sunday through ThursdayMonday through Saturday which is not a legal holiday. Weekend. Any Friday or Saturday. Sec. 15-8.3. Same-Program administration. (a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by the city manager, or his designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.8 and its enforcement, municipal employees or officials engaged in the measurement of noise, assessing compliance with such sections, making recommendations for noise abatement, issuing noise violations citations, or giving evidence regarding noise violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise control. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be 479 of 513 obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.8 may exist. Such inspection may include administration of any necessary tests. Sec. 15-8.5. Noise control—Prohibited acts. (a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any noise disturbances. (b) Specific prohibitions. The following acts, and the causing or permitting thereof in such a manner as to create a noise disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) Radios, television sets, and similar devices. Operating, playing or permitting the operation or playing of any radio, television, or phonograph, which produces or reproduces sound either mechanically or electronically. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(4) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the city. (4) Animals. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise disturbance. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(6). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise disturbance. (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage following natural disasters, is subject to the restrictions on noise generation as otherwise set forth in this chapter. 480 of 513 Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15- 8.5(b)(2). (2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (3) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right-of-way, including sporting events. (5) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning units in residential districts. (7) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of this Section shall not apply to municipal public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts of commercial and industrial, and where the noise disturbance across a residential property line would not exceed those sound limits set forth in Section 15-8.8 of this Article. Sec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each day said violation continues shall be a separate offense. Sec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound limits established. No person shall operate or cause to be operated any source of sound as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) per cent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. 481 of 513 (b) L10 sound level limits. Permissible sound levels for sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound levels as defined herein. For the purpose of these noise control provisions, such sound levels shall be determined using FAST meter responses: Receiving Land Use Time L10 Sound Level Category Limit (dB)A ___________________________________________________________________ Exterior Residential 7:00 a.m. to 110:00 p.m. 60 Sunday through Thursday 7:00 a.m. to 12:00 a.m. Friday & Saturday and Legal Holidays ____________________________________________________________________ 110:00 p.m. to 7:00 a.m. 55 Sunday through Thursday 12:00 a.m. to 7:00 a.m. Friday & Saturday and Legal Holidays ______________________________________________________________________ Exterior Commercial At all times 65 ______________________________________________________________________ Interior Residential 7:00 a.m. to 110:00 p.m. 50 Sunday through Thursday 7:00 a.m. to 12:00 a.m. Friday & Saturday and Legal Holidays ________________________________________________________________________ 110:00 p.m. to 7:00 a.m. 45 Sunday through Thursday 12:00 a.m. to 7:00 a.m. Friday & Saturday and Legal Holidays ________________________________________________________________________ Interior Commercial At all times 55 482 of 513 (c) Maximum sound level limits. The maximum sound level from any applicable sound sources shall not exceed the L10 sound level limits by more than the values listed below: 10 (dB) A from 7:00 p.m. to 10:00 p.m. 5 (dB) A from 10:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse noise, as defined herein, the sound level limits for L10 and maximum sound levels shall be reduced by five (5) (dB) A. Sec. 15-9. Obstruction of passageways. It shall be unlawful for any person to place or erect, upon any public way or passageway to any building, an obstruction of any type, provided this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public. Sec. 15-10. Sound control - Short title. This section shall be known and may be cited by the short title of "City of Boynton Beach Sound Control Ordinance." Sec. 15-10.1. Purpose. (a) It is the purpose of this section to preserve the peace and tranquility of residential neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud sound. (b) (b) This section shall apply to the control of sound originating within the jurisdictional limits of the city without regard to the content, meaning, or message of the sound. It is the express intent that enforcement of these regulations shall be content neutral. (c)Please refer to Section 15-8.2 for any definitions applicable to this Section. Sec. 15-10.2. Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): Apparent property line. The line along the surface, and its vertical plane extension, which separates one lot or parcel of property from another. Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 483 of 513 National holiday. Those annual holidays designated in 5 U.S.C. 6103. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency, or instrumentality of the United States, a state or any political subdivision of a state. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound which is: (1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Weekday. Any day Monday through Friday. Weekend. Saturday or Sunday. Sec. 15-10.3. Administration. The sound control program established by this section shall be administered by the City Manager, or his designee, of the City of Boynton Beach, Florida. Sec. 15-10.4. Inspections. Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. Sec. 15-10.5. Prohibited acts. No person shall make, continue or cause to be made or continued any sound disturbances, as defined herein, between the hours of 10:00 p.m. and 6:00 a.m on weekdays and between the hours of 12:00 a.m. and 7:00 a.m. on weekends or national holidays. Sec. 15-10.6. Exemptions. Sound emanating from the following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-10.5. 484 of 513 (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles. (2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft and interstate railway locomotives and rail cars. (3) Emergency activities. Any sound generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Domestic power tools and lawn maintenance equipment. Any sound generated by the operation and use of domestic power tools and lawn maintenance equipment. (5) Sound generated by the operation and use of air conditioning units in residential districts. (6) Non-amplified solo musical instrument played by an individual within a private residence. Sec. 15-10.7. Enforcement and Penalty. (a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; or (b) The city may enforce the provision of this Code by supplemental Code of Ordinance enforcement procedures as provided by F.S. Chapter 162, Part 2; or (c) The city may prosecute violations by issuance of notices to appear for violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: (1) First violation - $50.00 (2) Second violation within twelve (12) months of adjudication of first violation - $100.00 (3) Third violation within eighteen (18) months of adjudication of first violation - $500.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. (d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his or her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of F.S. Chapter 60, entitled Abatement of Nuisances. (e) Violations of this Article may be enforceable by arrest. (f) For the purpose of this section, any person owning or having responsibility for management of a business premises, however temporarily, any performer or disc jockey producing sound upon any business premises, any person playing, producing or controlling music, or other sound, any person having control of the volume of music or sound, and the business as named on the business tax receipt 485 of 513 where the music or sound is emanating may be jointly and severally liable for compliance with this Article and shall be responsible for any violations hereof. (g) No citation or notice to appear for a violation of this section shall be issued until a law enforcement officer or code enforcement officer has made contact with the owner, occupant or operator of the property from which the offending sound emanates to request abatement of the offending sound. When a request for abatement is made and the offending sound is not immediately abated, or if it resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a citation or notice to appear may issue without additional request for abatement. Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay ATTEST: _______________________________ Commissioner- Steven Holzman ___________________________ Janet M. Prainito, MMC 486 of 513 City Clerk (Corporate Seal) 487 of 513 14. A UNFINISHED BUSINESS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review current practices for City Commission expense EQUESTED CTION BY ITY OMMISSION allowance. ER: At the City Commission Retreat meeting on May 22, 2010, XPLANATION OF EQUEST Commissioner Orlove requested that the topic of City Commission expense allowances be discussed to determine if a change in current practice may be appropriate. Historically, the expense allowance authorizes “the Mayor and City Commission each receive a monthly allocation to cover expenses incurred in the performance of their official duties.” (Res. No. 02-097) The allowance is partly authorized by FS 112.061 and further authorized under the City’s Personnel Policy Manual. Currently, each member of the City Commission receives an annual expense allowance payable in 12 monthly installments as follows: AnnualMonthly NamePositionExpense AllowanceExpense Allowance Jose RodriguezMayor$ 7,571.48$ 630.96 Marlene RossVice-Mayor$ 7,002.04$ 583.50 Woodrow HayCommissioner$ 7,002.04$ 583.50 Steven HolzmanCommissioner$ 7,002.04$ 583.50 William OrloveCommissioner$ 7,002.04$ 583.50 488 of 513 The current rate of the expense allowance is subject to an annual escalation formula. However, in April 2010, in view of the financial situation of the City, the City Commission opted to freeze both their salary and the above expense allowance. The expense allowance is taxable income. According to IRS guidelines, when expense allowances are advanced to recipients and there is no accountability to the employer or they are expended on otherwise non-deductible items under the IRS code, they are considered disbursed under a “non accountable plan” and the income is treated as taxable to the recipient. Under current practice, tuition, travel, per diem and conference registration, if included in the City budget, is paid by the City over and above the expense allowance. At their option, City Commission members can use their expense allowance to meet some of these expenses or other expenses incurred in the performance of their official duties as authorized by City Resolution No. 02-097. However, as noted above, reporting of the use of expense allowance for this purpose is not required. Also, current practice requires that City Commission participation at a conference or out of town meeting that is paid by from the City budget travel account must be approved by the City Commission. Finance staff researched if other Florida public agencies had an advance expense allowance and how they handle expenses of elected officials. Only five cities responded and none had a monthly expense allowance similar to Boynton Beach. All five reimbursed per diem and travel expenses in accordance with FS 112.061 similar to staff members. In addition, the City Attorney’s staff prepared a “Municipal Survey Regarding Commission Expense Reporting” (Attached) that summarized their findings in 25 cities located in Broward and Palm Beach counties. In summary, responses are as follows:  7 – No mention of expenses  8 – Documented expenses reimbursed for authorized travel (F.S. 112.061) or necessary expenses  10 - Non-accountable monthly allowance In the event the City Commission wishes to convert the expense allowance to a reimbursable program, the reimbursement is not taxable but all expenses must be documented and deductable under IRS regulations on the Commissioners’ federal income tax return. The City Commission should modify the Personnel Policy Manual or utilize FS 112.061. However, FS 112.061 is limited to per diem and travel expenses. The Personnel Policy Manual has specific language regarding the Expense Allowance as follows that appears to allow other expenses although not specified: B. Expense Allowance for Public Officials: 1) Public Official shall receive, in lieu of reimbursements, a monthly expense allocation to cover travel and expense expenditures. The amount of expense allocation shall be established, and may be amended, by resolution of the City Commission. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 489 of 513 FI: Depending on whether the expense allowance program was converted to a ISCAL MPACT reimbursable program or combined with Commission salaries. A: Several options exist as follows: LTERNATIVES 1. Continue the current monthly advance expense allowance program treated as non accountable and taxable. 2. Continue the current monthly advance expense allowance program by filing of an accounting with the City Clerk as to how the advance was spent or returned. This option would also be treated as non accountable and taxable as monies could be spent on “official duties” that may or may not be deductible on a personal income tax return. It would be up to each recipient to claim appropriate deductions on their income tax return. The report could be filed with the City Clerk on a monthly or quarterly basis. 3. Combine the current monthly advance expense allowance with the monthly salary amount and treat it as taxable income. 4. Discontinue the current monthly advance expense allowance and only reimburse Commission members in accord with FS 112.061 only for per diem and travel expenses. This would result in an accountable non-taxable plan. Attachments: Page 7 of City Commission Retreat Minutes from May 22, 2010 City Travel Policy Per Personnel Policy Manual Florida Statutes on Travel Expense Reimbursement Municipal Survey of Elected Official Expense Allowances Prepared by Legal Department 490 of 513 491 of 513 492 of 513 493 of 513 494 of 513 495 of 513 496 of 513 497 of 513 498 of 513 499 of 513 500 of 513 501 of 513 502 of 513 503 of 513 504 of 513 505 of 513 506 of 513 507 of 513 MUNICIPAL SURVEY REGARDING COMMISSION EXPENSE REPORTING FORT LAUDERDALE No reporting mechanism, showing what expenses are made $250 per month – Mayor $100 per month – Commissioner CORAL SPRINGS The mayor shall receive $250 per month non- accountable expense allowance and each city commissioner shall receive $200 per month non-accountable expense allowance COCONUT CREEK The Commission shall have the power to periodically establish policies and procedures relevant to expenses incurred by its members on City business, including advances, reimbursements, and expense allowances. All proposed increases shall be subject to a specific Commission vote. JUPITER The member of the Town Council shall be reimbursed the sum of $1,550.00 per month for such miscellaneous expenditures as are necessary or incidental to their performance of the duties of their office, including attendance at regular Council meetings, workshop sessions, and other public meetings. The reimbursement due the Mayor-Councilor shall be $1,850.00 per month. Such expenses shall be paid each month during the Mayor- Councilor and Councilor's term of office. No expense payment shall be made to a Mayor- Councilor or Councilor whose term of office has expired, or whose service for that month is limited solely to attendance of the annual organizational meeting of the newly-elected Council. TAMARAC The mayor shall be entitled to receive expenses allowable by law set through the annual budget process incurred in the performance of his duties as mayor upon delivery of an itemized voucher to the city manager. Each commissioner (other than mayor) shall be entitled to receive expenses allowable by law set through the annual budget process incurred in the performance of his duties as commissioner upon delivery of an itemized voucher to the city manager. Expense limitations for the mayor and 508 of 513 commission shall be calculated per elected year. NORTH LAUDERDALE Each individual member of the governing body is hereby entitled to receive the sum of $350.00 per month as a monthly expense reimbursement, consistent with the provisions of Chapter 112, Florida Statutes, as amended from time to time. WILTON MANORS The mayor and members of the city commission shall receive compensation in an amount to be established by ordinance. The mayor and city commission shall further receive their actual and necessary expenses incurred in the performance of their duties of office as provided by law. OAKLAND PARK Commission members shall receive their actual and necessary expenses incurred in the performance of their duties of office as provided by law and approved by the city commission, and supported by appropriate documentation. POMPANO BEACH Per the City Clerk - The City Commission receives an Annual Expense Allowance; however, the City does not have an ordinance or resolution that specifies how the expenses are spent. PEMBROKE PINES Nothing in this paragraph shall limit the right of any Commission member or the Mayor to be reimbursed for expenses actually incurred by him, with Commission approval, while performing duties on behalf of the City. ROYAL PALM BEACH Per Clerk – No expenses, just car allowances. BOCA RATON Council members shall receive their actual and necessary expenses incurred in the performance of their duties of office. WELLINGTON Village council members shall initially be compensated at the rate of $300 per month, and shall be entitled to receive reimbursement in accordance with Florida Statutes for authorized travel and per-diem expenses incurred in the performance of their official duties. PALM BEACH GARDENS The mayor and members of council shall be entitled to receive reimbursement in accordance with Florida Statutes and city policies for authorized travel and per diem expenses incurred in the performance of their 509 of 513 official duties. OCEAN RIDGE Commissioners shall receive their actual and necessary expenses incurred in the performance of their duties of office as provided by law. RIVIERA BEACH The [annual] salaries of the elected officials of the city shall be $19,000.00 for a councilperson of the city council and $20,200.00 for the mayor. The city councilperson serving as chairperson shall be entitled to an annual stipend of $1,200.00 in addition to the above stated salary. DELRAY BEACH No mention of expenses except for reimbursement of travel expenses ORLANDO There shall be no expense allowances by the municipalities in Orange County for any of the above officials for any travel or other expenses for services rendered said municipality in said county. FORT MYERS Monthly expense allowances in fixed amounts may also be granted by budgetary action for city officials and city employees upon recommendation of the city manager and approval by the city council. WESTON The Mayor and Commission shall receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized travel and per diem expenses incurred in the performance of their official duties. LANTANA No mention of expenses HIGHLAND BEACH No mention of expenses GREENACRES No mention of expenses LAKE WORTH No mention of expenses TEQUESTA No mention of expenses 510 of 513 14. B UNFINISHED BUSINESS July 20, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 20, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review and update of CRA Application process and EQUESTED CTION BY ITY OMMISSION timeline. Request to consider establishment of Advisory Board for CRA. ER: Per the request of a City Commissioner, staff is providing an XPLANATION OF EQUEST update to the Commission on the CRA application process/timeline. At the 5/18/10 Commission meeting the City Commission approved the below timeline. However, there was discussion as to whether or not to conduct interviews of the candidates. The consensus of the Commission was to address that at the August 3, 2010 Commission meeting once the Commission has had a chance to review and rate all of the applications. The Commission member has requested that the City Commission discuss and consider the establishment of an Advisory Board to the CRA that would be comprised of geographic representation from the entire city, and one elected City Commission member. The Advisory Board would perform basic duties related to: 1. Community Outreach Efforts 2. Recommendations on long-range goals and programs for the CRA 3. Serve as advisors to the CRA Board 4. Specific projects for review as directed by the CRA Board There is precedent for this approach as the CRA Board established an ad-hoc Heart of Boynton advisory group that made recommendations to the CRA Board for programs and services in the Heart of Boynton. 511 of 513 The current application process is moving forward independent of this request as outlined below: Proposed Timeline: 5/18/10 Commission approves application and rating matrix. 5/19/10 Application process opens for 45 day period (online version to be available as well). 7/6/10 Deadline for submittal of CRA applications to City Clerk’s office. Update: 27 applications received. 7/7/10 Staff assembles and distributes packets of all applications and rating sheets to each City Commissioner and the four member review committee (City Manager, Development Director, CRA Director and Chamber Director). Commission and committee will have two weeks to review and rank the applications. Update:Packets were distributed July 12, 2010. 7/21/10 Deadline to submit rankings to City Clerk’s office. 7/28/10 Staff will aggregate the rankings and prepare a final ranking document for placement on the 8/3/10 City Commission agenda. 8/3/10 City Commission will review the rankings and discuss as a group. The top 10 applicants will be identified. 8/10/10 A special meeting of the City Commission will be scheduled immediately preceding the 8/10/10 CRA meeting during which the interviews will take place. 8/17/10 City Commission will finalize selection and make appointments to the CRA Board. Update: See excerpt below from the 5.18.10 City Commission minutes. By consensus the Commission opted to review and discuss the applications at the 8/3/10 Commission meeting at which time they would decide whether or not to conduct interviews. rd “Commissioner Hay strongly urged the Commission to strive for the August 3 deadline as to completion of the process and reduce the application period to only 30 days. The decision was made to accept the timeline as submitted with rd August 3 for the appointments with the only delay being the possible need for interviews.” - 5.18.10 City Commission Meeting Minutes H: Adoption of Ordinance 09-030 established OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the appointment of an independent seven member CRA Board. An additional ordinance or procedure would be required to establish a CRA Advisory Board. FI: Staff resources will be utilized to accept, review and rank applications. ISCAL MPACT A: Modify timeline and application process. LTERNATIVES 512 of 513 513 of 513