Loading...
Agenda 03-06-12 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MARCH 6, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large William Orlove Vice Mayor – District I Vacant Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 304 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation by Dr. Solomon Rothstein, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim March 22, 2012 as All People's Day B. Proclaim the Month of March 2012 as Boynton Beach Fire Rescue Appreciation Month C. Proclaim March 10, 2012 as Sigma Gamma Rho Sorority Youth Day. Accepting the proclamation will be Annie Ifill. D. Proclaim the week of March 5 - 11, 2012 as Pathways 2 Prosperity Week. E. Citation for Mrs. Trudie Hands F. Art in Public Places Annual Presentation - Program Overview for FY 20011/2012 G. Announce Closed-door session to be held at 5:45 p.m., March 20, 2012 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ) 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Appointment to fill the District II Commission temporary vacancy 3 of 304 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. PROPOSED RESOLUTION NO. R12-020 A. - Approve an Interlocal Agreement with the Town of Gulfstream for a Water Main Interconnection B. Accept the status report and allow the Boynton Beach City Library to continue its Materials Recovery System agreement with Unique Management Services, Inc. C. Approve the minutes from the City Commission regular meeting held on February 21, 2012 D. Approve the "SURPLUS LIST/BOATS/MOTORS" as submitted by the Police Department and allow for the disposing of the items by consignment. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID #026-2821-12/JMA to Brenntag Mid-South Inc. of Orlando, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $130,000.00. This product will be ordered on an "As Needed" basis. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO. 12-004 - FIRST READING A. - Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi-family rental units. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc. 10. CITY MANAGER’S REPORT A. Accept the first quarterly status report of the City of Boynton Beach Economic Development Program Implementation for the 4th quarter 2011. B. Approve Brand Promise and authorize staff to move forward with implementation of the Brand Blueprint 4 of 304 11. UNFINISHED BUSINESS A. Provide direction on additional phases of City Manager search process. 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 12-002 - SECOND READING - PUBLIC HEARING A. - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY 4.3.8 PROPOSED ORDINANCE NO. 12-003 - SECOND READING - PUBLIC HEARING B. - Adopt the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. PROPOSED ORDINANCE NO. 12-005 - FIRST READING C. - Amend (a) responsibility for appointing a Chair and Vice-Chair and (b) qualifications of regular members of the Financial Advisory Committee 14. FUTURE AGENDA ITEMS A. Charter Review Committee Report - 3/20/12 B. Update on In-house Medical Clinic- 3/20/12 C. Discuss Scope of Services for Police Department Study - 3/20/12 D. Update on City-owned property for sale- 4/3/12 E. Interlocal Agreement with Palm Beach County School District for conveyance of District owned Galaxy Scrub lands to the City - 3/20/12 F. Discussion of Phase II - City Hall Painting Project -- 3/20/12 15. ADJOURNMENT 5 of 304 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 304 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim March 22, 2012 as All People's Day EQUESTED CTION BY ITY OMMISSION ER: In 1973 Susan Berkowitz-Schwartz MPS, ATR-BC established All XPLANATION OF EQUEST People’s Day a multicultural and issue based program that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual acceptance. H? It will urge all citizens to appreciate the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES universal qualities at our core and the differences that help make us individuals. FI: N/A ISCAL MPACT A: Not to allow proclamation. LTERNATIVES 7 of 304 P R O C L A M A T I O N Whereas, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People’s Day®, a multicultural and issue based program that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual acceptance; and Whereas, All People’s Day® gives people of all ages and walks of life fun and creative ways to explore positive connections through a showcase of diverse entertainment, goods, and foods from many countries for sale, as well as booths, which feature craft making, interaction games and workshops that connect us through the visual, dramatic and language arts; and Whereas, the theme for the festival is “Discovering our Connections”, because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different; and Whereas, by the year 2050 European Americans will no longer constitute the majority of the United States population and people from different cultures will be interacting with one another more often than ever before; and Whereas, the facets to a communal nature of the Community are: awareness, understanding, and acceptance. Now therefore, I, Woodrow L. Hay, Mayor of the City of Boynton Beach, Florida, do hereby proclaim March 22, 2012 as All People’s Day® and urge all citizens to appreciate the universal qualities at our core and the differences that help make us individuals. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of March, Two Thousand Twelve. _________________________________ Woodrow L. Hay, Mayor ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 8 of 304 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the Month of March 2012 as Boynton Beach Fire EQUESTED CTION BY ITY OMMISSION Rescue Appreciation Month ER: In addition to their daily service to our communities, firefighters XPLANATION OF EQUEST throughout the state and across the nation have joined the Muscular Dystrophy Association (MDA) for the past 58 years in the fight against neuromuscular diseases. This proclamation is to commend all of the Boynton Beach Firefighters for their efforts on behalf of the Muscular Dystrophy Association. H? Proceeds from the fundraising efforts of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the Boynton Beach Fire Rescue assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. FI: N/A ISCAL MPACT A: Not to allow proclamation. LTERNATIVES 9 of 304 Proclamation Whereas, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens, and Whereas , in addition to their daily service to our communities, firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past 58 years in the fight against neuromuscular diseases, and Whereas , since our nation’s firefighters’ involvement began in 1954 they have raised over $450 million nationwide--including almost $24,000 in Boynton Beach with their 2011 “Fill-the-Boot” campaign for the MDA--again making America’s firefighters the MDA’s largest source of funding, and Whereas, the Muscular Dystrophy Association is extremely grateful to Boynton Beach firefighters for their support and dedication, and Whereas , the funds collected by the Boynton Beach firefighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families, and Whereas , in honor of the efforts of the Boynton Beach Fire Rescue Local 1891, the Muscular Dystrophy Association is sponsoring “Boynton Beach Firefighter Appreciation Month,” and Whereas , it is appropriate for all Boynton Beach citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. Now, therefore be it resolved that the City of Boynton Beach does hereby proclaim the month of March as BOYNTON BEACH FIRE RESCUE APPRECIATION MONTH And commend all of Boynton Beach for their efforts on behalf of the Muscular Dystrophy Association. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, th Florida to be affixed at Boynton Beach, Florida the 6 day of March, Two Thousand Twelve. ____________________________________ Woodrow L. Hay, Mayor ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 10 of 304 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim March 10, 2012 as Sigma Gamma Rho Sorority EQUESTED CTION BY ITY OMMISSION Youth Day. Accepting the proclamation will be Annie Ifill. ER: Sigma Gamma Rho Sorority, Inc. is a 90,000-member nonprofit XPLANATION OF EQUEST collegiate sorority dedicated to the encouragement and promotion of high scholastic attainment, community service, and improvement in the quality of life through its chapters, members, and affiliates located throughout the United States, Korea, Bermuda, Africa, Fifteenth Annual Bahamas, Germany and the Caribbean. They are sponsoring its Adolescent YouthSymposium simultaneously in local communities across the nation on Saturday, March 10, 2012. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow proclamation. LTERNATIVES 11 of 304 PROCLAMATION WHEREAS Sigma Gamma Rho Sorority, Inc. is a 90,000-member nonprofit collegiate sorority dedicated to the encouragement and promotion of high scholastic attainment, community service, and improvement in the quality of life through its chapters, members, and affiliates located throughout the United States, Korea, Bermuda, Africa, Bahamas, Germany and the Caribbean, and WHEREAS Sigma Gamma Rho Sorority, Inc., through its mission seeks to address programs, projects, and concerns that impact society educationally, socially, politically, and economically; and WHEREAS Fifteenth Annual Adolescent YouthSymposium Sigma Gamma Rho Sorority, Inc., is sponsoring its simultaneously in local communities across the nation on Saturday, March 10, 2012, and WHEREAS The local members of ETA ETA SIGMA Chapter of Sigma Gamma Rho Sorority, Inc., will hold their symposium on March 10, 2012 at the Charter School of Boynton Beach located at 1425 Gateway Boulevard from 10:00 am – 2:00 pm, and WHEREAS Sigma Gamma Rho Sorority, inc., through this years nationwide symposium agenda, will seek to help youths come to grips with peer-pressuring challenges that may deal with making healthy choices, healthy living, healthy generation; and WHEREAS Sigma Gamma Rho Sorority, Inc., has called upon the participation of a panel of community authorities to share facts regarding some of the consequences that may be faced by young people who have self esteem and peer pressure issues; and WHEREAS Sigma Gamma Rho Sorority, Inc., is requesting all area junior/senior high schools, sororities/fraternities, social/civic organizations, and youth services agencies to support the intent of this symposium by promoting the attendance and participation of their students and youth groups: NOW, THEREFOREI, , WOODROW HAY, MAYOR Of THE CITY OF BOYNTON BEACH, do hereby proclaim Saturday, March 10, 2012 to be SIGMA GAMMA RHO SORORITY YOUTH DAY in the City of Boynton Beach, Florida. Be it further proclaimed that our residents join with me in congratulating and recognizing the members of the ETA ETA SIGMA chapter of Sigma Gamma Rho Sorority, Inc., for their efforts to encourage and guide our youths. As such, we wish for the chapter and the sorority much success in all of their future endeavors. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach, th Florida the 6 day of March, Two Thousand Twelve. ____________________________________ Woodrow L. Hay, Mayor ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 12 of 304 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the week of March 5 - 11, 2012 as Pathways 2 EQUESTED CTION BY ITY OMMISSION Prosperity Week. ER: Pathways to Prosperity (P2P) is a local 501c3 nonprofit serving XPLANATION OF EQUEST those in need in Boynton Beach and surrounding communities. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow proclamation LTERNATIVES 13 of 304 P R O C L A M A T I O N Whereas Pathways to Prosperity (P2P) is a local 501(c3) nonprofit serving those in need in Boynton Beach and surrounding communities; and this being the week of their capital corporate launch event on th Thursday March 8 2012 at Cypress Creek Country Club from 6 p.m. to 8 p.m.; and Whereas Pathways to Prosperity is a dynamic organization that is the local hub for the many bridges programs including but not limited to after school programs, ESOL classes, computer training, fitness and nutrition programs and much more; and Whereas Pathways to Prosperity is and has been a resource for those in need feeding 520 families per month, providing discount bus passes for those without transportation to go to jobs, and interviews, as well as navigating the social service and assistance network for its clients; and Whereas Pathways to Prosperity is supported by the Children’s Services Council, Quantum Foundation, and many other great service providers in the county. Pathways to Prosperity enjoys partnerships with Genesis Healthcare, Bethesda Hospital, various elementary schools, and others to provide the best service to its clients. Whereas Pathways to Prosperity is a diverse community organization serving all those in need from the cradle to the grave improving the quality of life for their clients and the community as a whole. th Therefore , having Pathways to Prosperity in our City located at 226 NE 12 Ave., Boynton Beach, FL 33435 and being that in their more than one year of operation they have made a positive impact on the lives of citizens and the community at large. Now therefore , I, Woodrow L. Hay, Mayor of the City of Boynton Beach, Florida, do hereby proclaim March 5th – 11th, 2012 as Pathways to Prosperity Week in Boynton Beach . In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of March, Two Thousand Twelve. ________________________________ Woodrow L. Hay, Mayor __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 14 of 304 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Citation for Mrs. Trudie Hands EQUESTED CTION BY ITY OMMISSION ER: The Citation for Mrs. Trudie Hands is to honor a well loved member XPLANATION OF EQUEST th of the Heart of Boynton community that recently passed away two days before her 106 birthday on February 6, 2012. Mrs. Hands made significant contributions to her community and touched the lives of many who will remember her fondly. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to allow citation. LTERNATIVES 15 of 304 CITATION Mrs. Trudie Hands was born on February 8, 1906 in Perry, Georgia and lived in Boynton Beach, Florida from 1936 until she became ill and moved back to Georgia to live with her sister. She joined St. John Missionary Baptist Church in Boynton Beach, FL, in 1939 where she served as a member of the Deaconess Ministry, Senior Saints Ministry, Senior Choir and was the Chair of the Baptismal Committee. Mrs. Hands started working at an early age as a farm worker, was a housemaid who loved to clean and cook and always had a tender heart for young people. She was an entrepreneur and very active in her community. She th was the owner of the “Jones Grocery” neighborhood store located on NW 12 Avenue in Boynton Beach, FL. and also owned a Bed and Breakfast. Mrs. Hands was famous for her delicious sweetbread and pound cakes. She would give her homemade cakes away to her guests and customers after they made a purchase and to the neighborhood children in the community when they had a good report card. Mrs. Hands was instrumental in getting the roads paved in the Heart of Boynton. She was one of the few people who had a car during the 1930’s and 1940’s and would take other women shopping in West Palm Beach, FL when there was little means of transportation for African Americans. Throughout the 1940’s and 1950’s she played an extremely significant role in keeping her community clean and free of litter and storm debris, gathering the neighborhood children on Saturday mornings to help cleanup the neighborhood streets as she walked and talked with them during the cleanup. She would reward the children for their hard work by giving them homemade cookies or Johnny Cakes that she freshly baked a and large cold soda. Mrs. Trudie never had any children of her own, but was instrumental in raising all the neighborhood children in the “it takes a village to raise a child.” community. Mrs. Trudie Hands thoroughly understood the saying, She was a very loving, kind and caring person and will be missed by everyone that knew her. Now, therefore, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize with this Citation Mrs. Trudie Hands th who passed away two days before her 106birthday on February 6, 2012. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be th affixed at Boynton Beach, Florida, the 6 day of March, Two Thousand and Twelve. ________________________________ Woodrow L. Hay, Mayor ATTEST: ________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 16 of 304 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Art in Public Places Annual Presentation - Program EQUESTED CTION BY ITY OMMISSION Overview for FY 20011/2012 ER: This presentation will provide an overview of the FY 2011/12 Art in XPLANATION OF EQUEST Public Places Program activities and progress. A video will be presented. H? This annual program overview is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES presented to illustrate the value of our Art In Public Places program. Through collaboration with private, City and CRA development/redevelopment projects and additional alternatively funded projects, the City’s AIPP Program has helped create a positive image for our City along with contributing to the City’s economic development, revitalization and cultural tourism. FI: The AIPP Program is funded from the 30% of the 1% public art fees collected ISCAL MPACT as mandated in the Public Art Ordinance No. 07-002. Projects and programs are consistent with established programs in the annually adopted AIPP budget. Development and redevelopment projects are funded by the 70% of the 1% fee on construction values greater than $250,000. Additional projects are funded by private grants, donations or alternative funding resources. A: Not to allow presentation. LTERNATIVES Attachments: 1. AIPP 2011/12 Program Budget 2. Development & Redevelopment Projects 17 of 304 18 of 304 19 of 304 20 of 304 21 of 304 22 of 304 23 of 304 5. A ADMINISTRATIVE March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 06, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 24 of 304 25 of 304 26 of 304 27 of 304 28 of 304 29 of 304 30 of 304 31 of 304 32 of 304 5. B ADMINISTRATIVE March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appointment to fill the District II Commission temporary EQUESTED CTION BY ITY OMMISSION vacancy ER: At the February 7, 2012 City Commission meeting a motion was XPLANATION OF EQUEST passed for the City Clerk’s office to accept applications and nominations for the vacancy in District II to be brought back to the Commission at the February 21, 2012 City Commission meeting. Several motions were made at the February 21, 2012 to appoint a temporary District II representative, but all motions failed. All applicants are still eligible to be considered and their notification of interest is attached. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 33 of 304 34 of 304 35 of 304 36 of 304 37 of 304 6. A CONSENT AGENDA March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-020 - Approve an EQUESTED CTION BY ITY OMMISSION Interlocal Agreement with the Town of Gulfstream for a Water Main Interconnection ER: The Town of Gulfstream has an emergency water interconnect that XPLANATION OF EQUEST has been in service for a number of years. The original Interlocal Agreement covering its operation has now expired and the town is desirous of renewing that agreement. This agreement renews the provisions covering the operation of the interconnect and payment for the water used. H? This will have minimal impact on the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES operations of the Utility but will ensure that the Town of Gulfstream has a back-up supply of potable water in an emergency. FI: There is no cost to the Utility but we will be paid for any water used by the ISCAL MPACT Town. A: Do not approve the agreement. LTERNATIVES 38 of 304 RESOLUTION R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT WITH THE TOWN OF GULFSTREAM, PROVIDING FOR WATER MAIN INTERCONNECTION; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulfstream has an emergency water interconnection that has been in service for a number of years; and WHEREAS, the previous Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstream covering the emergency water interconnection has expired; and WHEREAS, the Town of Gulfstream desires to guard against the potential danger of failure of water service to Gulfstream customers; and WHEREAS, upon the recommendation of City Staff, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize execution of the Interlocal Agreement with the Town of Gulfstream covering the operation of the interconnection and payment for the water used. 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. This Commission does hereby approve and authorize the Interim City Manager and City Clerk to execute an Interlocal Agreement with the Town of Gulfstream to provide for a water main interconnection, a copy of which Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of March, 2012. CITY OF BOYNTON BEACH, FLORIDA _____________________________ 39 of 304 Mayor – Woodrow L. Hay _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 40 of 304 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULF STREAM THIS INTERLOCAL AGREEMENT made and entered into this day of , 2012, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as “BOYNTON BEACH”, and the TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter referred to as “GULF STREAM” WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6-inch interconnection between each water system located in the A-1A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of water service to GULF STREAM customers within the GULF STREAM service area. NOW, THEREFORE, in consideration of the mutual promises contain herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. This agreement constitutes an Interlocal Agreement authorized by Section 163.01, F.S., being a joint exercise of power shared in common that any municipality could exercise separately, and shall be filed with the Clerk of Court in and for Palm Beach, County, Florida upon execution. The purpose of this agreement is to provide that in the event of a GULF STREAM system failure or in the event of the need for scheduled maintenance or capital improvement, the pressure valve at the interconnect will be opened by Boynton Beach to provide potable water to GULF STREAM customers under the terms and condition herein. a. BOYNTON BEACH may limit the amount of water to be supplied. b. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its customers. c. The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 – 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest “inside-city” rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each 41 of 304 month. GULF STREAM shall make payment to BOYNTON BEACH within thirty (30) days of the invoice date on the monthly bill. d. In the event of the required use of the interconnect, a written or verbal communication from the Town Manager or his authorized representative, setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, Director of Utilities’ office. e. All notices and payments between the parties hereto shall be mailed by certified mail, and return receipt requested to the following addresses: AS TO CITY OF BOYNTON BEACH City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 AS TO TOWN OF GULF STREAM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 f. The term of this Agreement shall be for a period of 5 years, unless sooner terminated as provided herein. This agreement shall automatically renew for an additional 5 year period, unless either party provides written notice to the other at least thirty (30) days prior to the expiration of the term. 2. The price per thousand gallons will be the lowest commercial rate for each party. 3. Any and all disagreements in regard to water previously invoiced and/or used through this interconnection are resolved. 4. Each party to this agreement shall remain liable for its own negligence and any and all negligent actions by its employees, agents or officers in the performance of obligations hereunder. Nothing contained herein shall be construed as a waiver of the 42 of 304 applicable sovereign immunity protections or the limitation of liability set forth in section 768.28, F.S. 5. Either party may terminate this agreement for any reason upon a minimum of thirty (30) days notice to the other party. 6. Each person signing this agreement on behalf of either party individually warrants that he or she has the legal power to execute this agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this agreement. 7. If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held valid or unenforceable shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 8. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Interlocal Agreement shall be held in Palm Beach County, Florida. 9. This Interlocal Agreement represents the entire understanding of the parties and supersedes all other negotiations, representation or agreements, either written or oral, relating to this Interlocal Agreement. 10. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto. 11. This AGREEMENT may be amended only in writing, executed by both parties to the Agreement. 12. This AGREEMENT shall take effect upon its execution by both parties. Dated at Boynton Beach, Florida, this _____ day of ___________, 2012. FOR CITY OF BOYNTON BEACH By: __________________________ Mayor By: __________________________ City Clerk 43 of 304 TOWN OF GULF STREAM By: __________________________ Mayor Attest: ___________________________ Town Clerk Approved as to Form: ________________________ Attorney, City of Boynton Beach ________________________ Attorney, Town of Gulf Stream 44 of 304 6. B CONSENT AGENDA March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the status report and allow the Boynton Beach City EQUESTED CTION BY ITY OMMISSION Library to continue its Materials Recovery System agreement with Unique Management Services, Inc. ER: At the City Commission meeting of June 21, 2011, Commission XPLANATION OF EQUEST approved for the Library to enter into a Materials Recovery System agreement with Unique Management Services, Inc. Commissioner Holzman requested a status report be provided to Commission sometime after the system was launched. On November 3, 2011 the first set of past due accounts were sent to Unique Management, Inc. The attached ‘Summary Status Report’ [Exhibit A] from Unique Management provides an overview of the number of accounts submitted, how many Library patrons responded, the ‘Dollars Received’ and the total monetary value of ‘Materials Returned’ directly to the Library. This report also provides a clear list of definitions explaining all information provided on the report. The report reflects a three month period, November 2011, December 2011 and January 2012. H? This collection system has saved many OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES hours of staff time and postage costs and is protecting tax dollars. As a result of using this system for three months, the Library has collected $643.01 cash in fines and $1,018.81 worth of library materials have been returned to the Library for an overall total of $1,661.81. Unique takes over the overdue process at 45 days by automatically uploading overdue information from the Library’s database via the SirsiDynix interface module. That module was purchased at a one time cost of $4,300 and an annual maintenance cost of $750. This module allows the automatic transfer of overdue information between the Library’s database and Unique’s computer system. Library staff has had no problems or patron complaints with the service. Staff recommends continuing the service. 45 of 304 FI: If we continue using this service, Unique will charge the Library $8.95 for each ISCAL MPACT account that is forwarded to Unique, which will be paid from the Library’s Book budget (001- 2610-571-66.01). Before the Library forwards an account to Unique, a $10 administrative fee is automatically charged to the patron’s library account. All funds collected are deposited into General Fund revenue account (001-0000-352-01.00). The Cost/Benefit Analysis extrapolated for one fiscal year based on the first 3 months of service: $1,662 = Average quarterly collection total (dollars & materials) $6,648 = Average annual collection total based on quarterly average 131 = Average quarterly patron accounts submitted to Unique. 528 = Average annual patron accounts submitted to Unique based on quarterly average. $4,726 = Average annual cost for Unique Management Services (528 accounts x $8.95) $790 = Annual SirsiDynix Maintenance Cost for computer module $5,516 = Estimated Annual Costs $6,648 = Estimated Annual Revenues/Materials Returned <minus> $5,516 = Estimated Annual Costs $1,132 = Estimated Annual Realized Revenue/Materials Returned $1,768 = Estimate savings of 104 hours staff time @ $17.00/hr. $465 = Estimated annual savings of Postage (528 accounts x 2 letters @.44/ea.) $3,365 = Estimated Annual Benefit to the City NOTE: The % of Boynton Library Accounts Activated is currently at 28.57%. According to Unique Management this percentage should eventually increase to 60%. Palm Beach County Library System reported they are currently at 62%. A: Do not continue with the Unique Management Services. LTERNATIVES 46 of 304 47 of 304 6. C CONSENT AGENDA March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 06, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the City Commission regular EQUESTED CTION BY ITY OMMISSION meeting held on February 21, 2012 The City Commission met on February 21, 2012 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 48 of 304 49 of 304 50 of 304 51 of 304 52 of 304 53 of 304 54 of 304 55 of 304 56 of 304 57 of 304 58 of 304 59 of 304 60 of 304 61 of 304 62 of 304 63 of 304 64 of 304 65 of 304 66 of 304 67 of 304 68 of 304 69 of 304 70 of 304 71 of 304 72 of 304 73 of 304 74 of 304 6. D CONSENT AGENDA March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the "SURPLUS LIST/BOATS/MOTORS" as EQUESTED CTION BY ITY OMMISSION submitted by the Police Department and allow for the disposing of the items by consignment. ER: The Police Department previously acquired three (3) boats and two XPLANATION OF EQUEST (2) engines as a result of forfeiture proceedings. The Police Department is submitting these items on the “SURPLUS LIST/BOATS/MOTORS” (list attached) to be disposed of utilizing a consignment agreement with Seagate Marina. Procurement Services requests Commission’s review, evaluation and approval to dispose of the items included on the surplus list. The intended use of the funds generated from the sale of these items along with additional forfeiture funds is to purchase a replacement boat for the Police Department. H? The disposal of surplus will provide OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES inventory control and allow for a disposal process monitored by the Finance Department. FI: The revenue generated from the sale of these items will be deposited into the ISCAL MPACT forfeiture account #691-0000-247-04-25. A: To use a different method of selling these items such as E-Bay or in-house bid LTERNATIVES option. With these items the City would have to be able to provide test runs and contract with vendor to provide survey of the vessel in addition to other normal issues when selling a marine vessels, as a result of these types of concerns other disposal methods would not in the best interest of the City. 75 of 304 76 of 304 7. A BIDS AND PURCHASES OVER $100,000 March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve award for the "ANNUAL SUPPLY OF SODIUM EQUESTED CTION BY ITY OMMISSION HYDROXIDE (LIQUID CAUSTIC SODA) BID #026-2821-12/JMA to Brenntag Mid-South Inc. of Orlando, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $130,000.00. This product will be ordered on an "As Needed" basis. ER: On January 24, 2012, Procurement Services received and opened XPLANATION OF EQUEST four (4) bid proposals for the supply of sodium hydroxide. The bids were solicited based on the total estimated purchase for the year using 80 dry tons of 25% solution and 207 dry tons of 50% solution with important chemical criteria specified. The four bid proposals were: Allied Universal Corporation $956.85/per dry ton for 25% solution $632.89/per dry ton for 50% solution Brenntag Mid-South, Inc. $774.00/per dry ton for 25% solution $524.00/per dry ton for 50% solution Harcros Chemicals, Inc. $858.38/per dry ton for 25% solution $760.76/per dry ton for 50% solution Key Chemical, Inc. $788.00/per dry ton for 25% solution $595.00/per dry ton for 50% solution Based on the bid submittals, Utility Department Staff recommends that the bid be awarded to Brenntag Mid-South Inc. 77 of 304 CONTRACT PERIOD: March 2, 2012 through March 1, 2013 H? Feed water to the West Water Treatment OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Plant has a high pH and contains the dissolved gas hydrogen sulfide. Sulfuric acid is therefore added to the feedwater before the membrane filtration system to lower the pH, thereby aiding in reducing the formation of calcium carbonate scale on the membranes. However, this produces carbon dioxide which, along with hydrogen sulfide, remains dissolved in the water and is not separated out by the membrane system. During the degasification process that follows, sodium hydroxide is added to the system to neutralize the corrosive and noxious odors associated with the release of hydrogen sulfide to the atmosphere. This addition also raises the pH which prevents scaling of the pipelines to the consumer. Thus, minimal adjustment of pH or removal of hydrogen sulfide would pose great risks to the City’s infrastructure and to public health. FI: Funds are available in account number 401-2811-536-52-35. ISCAL MPACT Actual Expenditure for Sodium Hydroxide in FY 2009/2010: $126,347.00 Actual Expenditure for Sodium Hydroxide in FY 2010/2011: $95,080.00 Projected Expenditure for Sodium Hydroxide FY 2011/2012: $130,000.00 The increase in the projected expenditure is due to anticipated higher fuel costs. A: The City of Boynton Beach could explore the use of other neutralizing agents LTERNATIVES or anti-scalants. However, this may lead to higher water treatment costs or possible water quality infractions. 78 of 304 79 of 304 80 of 304 81 of 304 82 of 304 83 of 304 84 of 304 85 of 304 86 of 304 87 of 304 88 of 304 89 of 304 90 of 304 91 of 304 92 of 304 93 of 304 94 of 304 95 of 304 96 of 304 97 of 304 98 of 304 99 of 304 100 of 304 101 of 304 102 of 304 103 of 304 104 of 304 105 of 304 106 of 304 107 of 304 108 of 304 9. A PUBLIC HEARING March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-004 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi-family rental units. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc. ER: This is a rezoning request for a new master plan by Gulfstream XPLANATION OF EQUEST Gardens Phase II, LLC for the currently undeveloped 7.4 acres extending between South Federal Highway and Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller Road. The subject property was approved in 2006 for Palm Cove PUD, however in 2009 the master plan and site plan development orders expired. In 2011, the subject property was purchased by the owners of the nearby Gulfstream Gardens project (now known as Seabourn Cove Phase I) which is currently under construction. As part of the required approval process, a new master plan must be approved through the rezoning process. The proposed master plan proposes a total of 148 multi-family dwelling units at the maximum density of 20 dwelling units per acre within 14 three-story buildings, with associated recreational amenities and parking. The proposed rental apartments and townhomes will be in buildings of the same type as Seabourn Cove Phase I. In addition to a new master plan, a new site plan (NWSP 12-001) is also requested, concurrent with the rezoning request. The future land use classification, Special High Density Residential (SHDR), which corresponds with the PUD zoning district, remains unchanged. Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on February 28, 2012 and forwards it with the recommendation of approval, subject to staff’s recommended conditions. 109 of 304 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units, with the option of converting to condominiums in the future. The projected annual tax revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of $13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total projected amount of $104,829. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Deny subject request, or approved with modifications to master plan. LTERNATIVES 110 of 304 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 06-006 TO ADD REFERENCE TO AND APPROVAL OF A REVISED MASTER PLAN FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, EAST OF OLD DIXIE HIGHWAY AT MILLER ROAD, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the property which is the subject of this amendment was rezonedto Planned Unit Development (PUD) in January, 2006 via Ordinance 06-006; and WHEREAS, the Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Planned Unit Development (PUD) district; and WHEREAS , the Master Plan proposes a multi-family residential development with a total of 148 units at the maximum density of 20 dwelling units per acre; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Ordinance as hereinafter set forth. 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 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach here amends Section 2 of Ordinance 06-006 as follows: The following described land located approximately one-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway in the City of Boynton Beach, Florida, as set forth as follows: See Legal Description Attached hereto as Exhibit “A”. 111 of 304 be and the same is hereby rezoned from Community Commercial (C-3), General Commercial (C-4) City and Residential (RM) and General Commercial (CG) Palm Beach County to Planned Unit Development (PUD) . A location map is attached hereto as Exhibit “B” and made a part of this Ordinance by reference. The revised Master Plan is attached hereto as Exhibit “C”. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith 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. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2012. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner - ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _______________________ Janet M. Prainito, MMC City Clerk 112 of 304 (Corporate Seal) 113 of 304 LEGAL DESCRIPTION FOR SEABOURN COVE PHASE II PARCEL 1 (PCN: 08434604170000370 AND 08434604170000380) LOTS 37, 38 AND 58, OF AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 104, PAGE 35, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2 (PCN: 08434604170000590) THAT PART OF LOT 59, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LYING WEST OF THE RIGHT-OF-WAY OF STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS CONVEYED TO PALM BEACH COUNTY, BY A DEED RECORDED IN OFFFICIAL RECORDS BOOK 124, PAGE 638, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 3 (PCN: 0843460411000150) LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT A PARCEL OF LAND IN LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID LOT 15, RUN WESTERLY ALONG THE SOUTH LINE OF SAID LOT 15 FOR 3.0 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 11,409.2 FEET; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE ARC OF SAID CURVE FOR 198.15 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE RUN EASTERLY ALONG SAID NORTH LINE FOR 8.87 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE RUN SOUTHERLY ALONG THE EAST LINE OF SAID LOT 15 FOR 200 FEET TO THE SOUTHEAST CORNER OF SAID LOT. PARCEL 4 (PCN: 08434604110000060) ALL OF LOT 6 AND THE WEST ½ OF LOT 7, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 5 (PCN: 08434604110000071) THE EAST HALF OF LOT 7 AND ALL OF LOT 8, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 6 (PCN: 08434604110000120) LOT 12 AND THE WEST ½ OF LOT 13, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 7 (PCN: 08434604110000131) 114 of 304 THE EAST ½ OF LOT 13, AND ALL OF LOT 14, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 8 (PCN: 08434604110000171) THE WEST ½ OF LOT 17, ALL OF LOT 18, AND THE EAST ½ OF LOT 19, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 9 (PCN: 08434604110000101) THE EAST ½ OF LOT 10 AND ALL OF LOT 11, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 10 (PCN: 08434604110000160) LOT 16 AND THE EAST ½ OF LOT 17, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 11 (PCN: 08434604110000191 AND 08434604110000210) THE WEST ½ OF LOT 19 AND LOTS 20 THROUGH 29, INCLUSIVE, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 12 (PCN: 08434604110000090) LOT 9 AND THE WEST 1/2 OF LOT 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA A/K/A LOT 9 AND THE WEST ½ OF LOT 10, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 13 (NO PCN) THAT PORTION OF MILLER ROAD, AS VACATED AND ABANDONED BY ORDINANCE NO. 07-007, AS RECORDED IN OFFICIAL RECORDS BOOK 19827, PAGE 1793, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF RIGHT-OF-WAY OF MILLER ROAD, AS SHOWN ON THE PLAT OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK; 115 of 304 THENCE EAST ALONG THE NORTH RIGHT-OF-OF WAY LINE OF SAID MILLER ROAD, A DISTANCE OF 450.00 FEET; THENCE SOUTH 08°33'15" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF 30.34 FEET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF 445.49 FEET; THENCE NORTH, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 322,489 SQUARE FEET (7.40 ACRES), MORE OR LESS. 116 of 304 117 of 304 118 of 304 119 of 304 120 of 304 121 of 304 122 of 304 123 of 304 10. A CITY MANAGER’S REPORT March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the first quarterly status report of the City of EQUESTED CTION BY ITY OMMISSION th Boynton Beach Economic Development Program Implementation for the 4 quarter 2011. ER: The City Commission acceptance of the Economic Development XPLANATION OF EQUEST Program at the October 18, 2011 meeting authorized staff to begin implementation of the Economic Development Initiatives & Implementation Plan (EDIIP). The (EDIIP) serves as the work plan for the City based Economic Development team. The Staff team conducted an initial kick-off meeting on November 8, 2011. As a result of that meeting, every quarter a report will be provided to the City Commission on the status of implementation of the initiatives listed in the (EDIIP). (See Exhibit A – Staff Progress Report). H? The City will continue to demonstrate its OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES commitment and partnership with other communities in the efforts to achieve economic stability and growth for both its resident and business communities. Through continued development of programs, streamlining governmental processes, cooperative partnerships, and identification of viable incentives, the City will be positioned to attract and retain both residents and businesses. FI: Initiatives accomplished so far, and those that are in process, are mainly items ISCAL MPACT that could be accomplished through re-organization, policy changes and staff time. An allocation of $10,000 to complete the Brand Promise has been expended from the initial budget, leaving a remaining fund balance of $90,000 to be used toward continued implementation of the EDIIP. A: Not to accept the report. LTERNATIVES 124 of 304 125 of 304 126 of 304 127 of 304 128 of 304 129 of 304 130 of 304 131 of 304 10. B CITY MANAGER’S REPORT March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Brand Promise and authorize staff to move EQUESTED CTION BY ITY OMMISSION forward with implementation of the Brand Blueprint ER: In October 2010, on the prompting of the Boynton Beach Arts XPLANATION OF EQUEST Commission, the City Commissioners gave the approval to City Staff to develop a branding initiative for the community. In October 2011, City Commissioners agreed to continue the project, and begin development of the Boynton Beach Brand/Promise. Locally-based brand facilitator, Dale Carlson was contracted to move ahead with the project. In November 2011, a Brand Promise Committee (BPC) was established to oversee the evolution of the Brand/Promise. This BPC is an impressive collection of 15 Boynton Beach leaders and stakeholders. For what traditionally takes up to 12 months, this Committee finished in 90 days. These dedicated citizens donated many hours of personal time to this project, and are to be commended for their commitment. Brand Promise Committee (BPC) Deborah Bottoroff, Deborah Bottoroff & Assoc. James Brake, Coldwell Banker Glen Jurgensen, Greater Boynton Beach C of C Jack McVey, Parks & Recreation Board Chair Marlene Passell, Children’s Services Council of PBC Maxine Pierson, WXEL, TV PBS Barbara Ready, Chair, Arts Commission Board Joseph Schneider, Galaxy Elementary School Principal Darren Shepherd, Simon Mall Brian Smith, Waypoint Marine Libby Stroud, Heart of Boynton Beach Representative Shelly Vana, Palm Beach County Commissioner 132 of 304 Margee Walsh, Boynton Beach CRA Regina Waterhouse, First City Bank of Commerce James Williams, AW Architects A Brand is not a logo, brochure, or advertising campaign. For Boynton Beach, a community brand is  a collection of attributes that distinguish Boynton Beach from its competitors  the direct or indirect experience that Boynton Beach’s key constituencies (residents, businesses, visitors, potential new residents/businesses, etc.) have when dealing with the community  the public perception of those who live or work in Boynton Beach  a strategic, unifying tool for Boynton Beach, its businesses and stakeholders to use when promoting the community  a constant relevance that builds loyalty and increases customer/constituency satisfaction The Brand Promise Committee reviewed research compiled by the initial Brand Committee in 2010 and 2011. The survey developed and distributed in early 2011, was distributed to contact lists of the BPC, including respective board(s) of directors, membership, peers and other stakeholders in November 2011. After reviewing compiled survey results, research and identifying specific assets for the community, the Brand Promise Committee determined that Boynton Beach’s existing constituencies are families, existing businesses and retirees. Targets for future growth and development of Boynton Beach include, entrepreneurs/new business, new residents and I- 95ers (those driving up/down the interstate, but don’t stop). As the BPC continued their brainstorming sessions, they were asked to identify three key Brand elements: 1. What is Boynton Beach’s experience? 2. What distinguishes Boynton Beach from its competitors? 3. Does Boynton Beach offer value to residents and guests? As these questions were answered and the Brand Promise came together, it became clear to the Brand Promise Committee that now is the time to take a look at Boynton Beach. H? A distinctive, compelling brand will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES capitalize on our uniqueness, diversity and showcase the city’s eclectic energy. The image of a destination will influence the decision of businesses and individuals to locate, invest or visit to Boynton Beach. Partnering with the CVB, the BDB and other stakeholders, we can create a cohesive, attractive image for the City that will enhance economic development and make Boynton Beach a destination location in local, national and international markets FI: To date, the city has spent $2,300 to Sak Lunch Marketing to create visual ISCAL MPACT representations of Boynton Beach’s four key attributes, helping stakeholders to conceptualize how the attributes can be represented and tied into a brand image. The city has also engaged Dale Carlson Marketing & Communication Services to assist with the creation of the BrandPromise, Brand Blueprint and Brand Culturalization at a cost of $9,750.00. Going forward with the Brand Blueprint, which is the implementation strategy, staff will implement as many initiatives as possible at no additional cost. Any implementation strategies that involve a significant cost to the General Fund will be brought before Commission for approval. 133 of 304 A: Not to approve the Brand Promise and allow staff to continue with the Brand LTERNATIVES Blueprint implementation. 134 of 304 135 of 304 136 of 304 137 of 304 138 of 304 139 of 304 140 of 304 141 of 304 142 of 304 143 of 304 144 of 304 145 of 304 146 of 304 147 of 304 148 of 304 149 of 304 150 of 304 151 of 304 152 of 304 153 of 304 154 of 304 155 of 304 156 of 304 157 of 304 158 of 304 159 of 304 160 of 304 161 of 304 162 of 304 163 of 304 164 of 304 165 of 304 166 of 304 167 of 304 168 of 304 169 of 304 170 of 304 171 of 304 172 of 304 173 of 304 174 of 304 175 of 304 176 of 304 177 of 304 178 of 304 179 of 304 180 of 304 181 of 304 182 of 304 183 of 304 184 of 304 185 of 304 186 of 304 187 of 304 188 of 304 189 of 304 190 of 304 191 of 304 192 of 304 193 of 304 194 of 304 195 of 304 196 of 304 197 of 304 198 of 304 11. A UNFINISHED BUSINESS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Provide direction on additional phases of City Manager EQUESTED CTION BY ITY OMMISSION search process. ER: On February 21, 2012, Commission provided direction for Human XPLANATION OF EQUEST Resources to further narrow the City Manager search from ten (10) to six (6) candidates. The six (6) candidates identified are: Kelvin Baker Michael Miller Walter Munchheimer David Recor Oscar Rodriguez Michael Stampfler Attachment: Process to Select City Manager Candidates Should Commission decide to conduct individual and/or public interviews of any of the candidates listed above, staff recommends identifying and selecting date(s) that will allow sufficient time for candidates who may need to make travel arrangements. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The City continues to operate under the direction of the Interim City Manager. FI: ISCAL MPACT 199 of 304 Assessments were conducted at no cost in partnership with Workforce Alliance. Nominal costs for advertising; plus staff time spent on the project. A: LTERNATIVES 1. Postpone City Manager search process. 2. Discontinue City Manager search process. 3. Appoint Interim City Manager to City Manager. 200 of 304 PROCESS TO SELECT CITY MANAGER CANDIDATES Step1: The 57 applications were reviewed and evaluated based on the required, minimum qualifications, education, degree requirements, experience, and certifications or licenses required in accordance with current classification specification. Of the 57 applications received, 43 met the minimum qualifications of the position and were considered qualified; the other applications were disqualified. 57 applications were reduced to 43 applications. Step 2: The 43 qualified applications were then reviewed and assigned points based on the education and certifications. The applicants’ levels of education achieved, courses of study, and certifications earned were evaluated and given points; additional points were given to applicants claiming veteran’s preference. Applications were further reviewed and evaluated on the specific type and number of years of experience. Consideration was given to the number of years and the managerial level(s) (Department Director, Assistant City Manager and City Manager) the applicant had worked in a comparable, larger or smaller government agency. Comparable government agencies were considered those with populations of 30,000 to 90,000, according to the U.S. Census Bureau, 2010 census. At this step, applicants were excluded from further consideration:  If they had only Department Director experience.  If they had City Manager and/or Assistant City Manager experience only in smaller municipalities.  If they had less than one (1) year of experience as a City Manager or Assistant City Manager in a comparable sized municipal government. 43 applications were reduced to 16 applications. Step 3: The names and email addresses of the sixteen (16) candidates were sent to Palm Beach County Workforce Alliance, Inc. Assessment Center. At this point, two (2) of the candidates withdrew from the process. Human Resources had provided Workforce Alliance with the necessary characteristics and traits for this position. These characteristics were included in the recruitment announcement of the City Manager position. The personality characteristics are:  Fiscal responsibility and integrity  Ability to exercise discretion, initiative and creativity  Strong communication and organization skills  Ability to make good decisions in stressful situations  Ability to meet deadlines within tight time constraints  Ensures that applicable laws, regulations, policies, and procedures are followed  Ability to synthesize and integrate data for predicting, anticipating, and planning future events  Ability to make strategic and tactical decisions  Ability to apply logical or synthesis functions  Solid managerial, financial, and organizational skills  High ethics and integrity  Embraces open and transparent government  Excellent interpersonal skills and outstanding listening and communication skills  Maintains and improves cooperative working relationships  Provides strategic leadership, focus and direction  Consensus builder, innovative problem solver and successful manager of the City’s day-to-day operations while taking into account future trends that may affect City Workforce Alliance conducted assessment tests to identify the applicants’ competencies that best match the needs of the City. The Assessment Center had the fourteen (14) remaining candidates complete two timed assessments: KeneXa and BestWork DATA. Workforce Alliance assisted 201 of 304 Human Resources in the analysis of the assessment data and identification of desired ranges within each characteristic that would best match the City’s needs. City Commission was presented with ten (10) candidates who appeared within the desired ranges. 16 applications were reduced to 10. Step 4: City Commission directed Human Resources to further narrow and identify six (6) candidates. Since the remaining candidates had met the requirements for the position, each of the ten (10) was appraised as a whole, matching the characteristics identified as most necessary for the position. By reviewing this information specifically with the applicants’ combinations of competencies, characteristics, education, certifications, and work experience, six (6) applicants who best fit the profile of the City Manager were identified and presented to City Commission for further review. 10 applications were reduced to 6. 202 of 304 13. A LEGAL March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-002 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY 4.3.8 ER: The proposed code amendment would add provisions into the XPLANATION OF EQUEST LDRs to allow electric vehicle (EV) infrastructure on public and private property. EV infrastructure is generally described as being comprised of 1) the electric vehicle; 2) infrastructure (charging equipment); and 3) signage commonly associated with such charging station. No greenhouse gases (GHG) are emitted directly from electric vehicles because no fossil fuels are burned. This attribute is attractive to environmentally-conscious consumers. Critics will argue however, that the environmental benefit of electric vehicles is misleading, because the power plants that provide the electricity for the vehicles still emit GHG, particularly those plants which use coal as its main resource. Despite the contrasting claims regarding net benefits, the overall consensus favors electric vehicles as being the more environmentally- friendly choice over gas-powered engines. Also, President Obama’s Energy Blueprint for “Promoting the Transition to Electric Vehicles” encourages the use of electric vehicles for daily commuting and leisure activities and therefore lessening our country’s dependence on foreign oil, and tapping into alternative energies. The proposed code amendment would also further a recommendation of the City’s Climate Action Plan (CAP). The CAP contains an implementation strategy (4.3.8) that states the following: Support initiatives to increase the amount of, and access to, alternative fueled vehicle infrastructure such as fueling stations. 203 of 304 According to a January 31, 2011 news video on SmartPlanet.com, analysts predict that up to 13% of all cars sold in 2020 (presumably in the U.S.) will be electric vehicles, and it is expected that sales will continue to rise, especially as the price of electric vehicles go down. Manufacturers of EV charging stations are currently evaluating commercial sites (e.g., Best Buy, Costco, and Cracker Barrel) throughout the country when planning for EV infrastructure. Staff acknowledges that EV infrastructure is more popular in the western United States than in the east; however, there is growing evidence to show that technology and demand is slowly making its way eastward. In 2009, there were 15,000 retail hybrid registrations, ranking Florida as one of the largest markets, along with California, New York, and Texas. While electric vehicles are not as popular as hybrids, the sale of fully electric vehicles is expected to steadily rise within upcoming years, albeit minimally, but estimates are always subject to change, especially if oil prices spike or other incentives to ownership are available. In recent years, the City has been approached by vendors desiring to install EV charging stations on City-owned and/or public property. Staff researched the availability of EV charging stations within a 30 mile radius of City Hall. According to ChargePoint America and assuming their database is coordinated with others, the query revealed that few public EV charging stations exist near City Hall, the closest are located in downtown West Palm Beach, Delray Beach, and Deerfield Beach. This represents an opportunity for the City. This code amendment was reviewed by the Planning & Development Board in November, but tabled due to several concerns with some of the provisions. Staff addressed these concerns and amended the provisions accordingly. The item was returned to the Board last month and received a supporting recommendation. H? Subject amendment furthers the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES green initiatives and Climate Action Plan. FI: N/A ISCAL MPACT A: Not approve subject code amendment or approve with changes. LTERNATIVES 204 of 304 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1, ARTICLE II, DEFINITIONS; AMENDING CHAPTER 3, ARTICLE V, SECTION 3Z, CREATING PROVISIONS IN THE SUPPLEMENTAL REGULATIONS FOR ELECTRIC VEHICLES; AMENDING CHAPTER 4, ARTICLE IV, SECTION 4D, TO CREATE PROVISIONS FOR SIGNS ASSOCIATED WITH ELECTRIC VEHICLE INFRASTRUCTURE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the legislature finds the development of electric vehicle infrastructure to be a critical step in creating jobs, fostering economic growth, reducing greenhouse gas emissions, reducing our reliance on foreign fuels, and reducing the pollution of Puget Sound attributable to the operation of petroleum-based vehicles on streets and highways; and WHEREAS , limited driving distance between battery charges is a fundamental disadvantage and obstacle to broad consumer adoption of vehicles powered by electricity, therefore, in order to eliminate this fundamental disadvantage and dramatically increase consumer acceptance and usage of electric vehicles, it is essential that an infrastructure of convenient electric vehicle charging opportunities be developed; and WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to add provisions into the Land Development Regulations to allow electric vehicle infrastructure on public and private property; and WHEREAS, the purpose of this section is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient, cost-effective, electric vehicle infrastructure that such a transition necessitates; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to create 205 of 304 provisions in the supplemental regulations for electric vehicles, create new definitions pertaining to electric vehicles and create provisions for signs commonly associated with electric vehicles. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Definitions, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 1, Article II Definitions … AUTOMOTIVE, MINOR REPAIR – An establishment primarily engaged in minor automotive repair services such as oil change, lubrication, engine tune-up, battery replacement, carburetor repairs, tire mounting and balancing, and the replacement and / or repair of external parts of engines. ELECTRIC VEHICLE (EV) – Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. ELECTRIC VEHICLE (EV) CHARGING LEVELS. Three levels of battery charging are generally as follows: LEVEL 1 - Considered slow charging. It requires a 15 or 20 amp breaker on a 120-volt Alternating Current (AC) circuit and standard outlet. This level of charging can fully recharge a Battery Electric Vehicle (BEV) between eight (8) and 32 hours; LEVEL 2 - Considered medium charging. It requires a 40 amp to 100 amp breaker on a 240-volt circuit. This level of charging can fully recharge a BEV between 4 and 6 hours; and LEVEL 3 - Considered fast or rapid charging (a.k.a. “DC fast charge”). It requires a 60 amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Charging time ranges from 25 minutes to 40 minutes. ELECTRIC VEHICLE (EV) CHARGING STATION – A public or private parking space located together with a battery charging station that permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. PUBLIC - A publicly accessible EV charging station is either 1) publicly owned or publicly available (e.g., public library or City Hall lot) or 2) privately owned and publicly 206 of 304 available (e.g., shopping center, non-reserved parking in multi-family developments, etc.). PRIVATE – A EV charging station that is either 1) privately owned and has restricted access (e.g., single-family home, multi-family parking) or 2) publicly owned and has restricted access to the general public (e.g., fleet vehicle parking for police). … Section 3. Chapter 3, Article V, Section 3Z, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 3, Article V, Section 3.Z. Z. Electric Vehicle (EV) Charging Station. Miscellaneous. 1. Permits Required. The installation of an EV charging station shall comply with all applicable regulations and permitting requirements required by life- safety/building codes and these land development regulations. 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, but only in connection with a lawful principal use. In addition, the following restrictions shall apply: a. In residential zoning districts, EV charging stations shall not be available for public usage, except for where used in connection with a non-residential use; b. All EV charging stations shall be located within a conforming parking space or upon an on-site area that is specifically designed and designated for EV charging. For non-residential uses, any parking stall with EV charging is allowed to be used in the computation for meeting the minimum number of required off- street parking spaces. The preferred location shall be such that a single EV charging station could service two (2) parking stalls. c. The provision for an EV charging station may vary based on the design and use of the primary parking lot; however in all instances, the proposed location must ensure the safe and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its associated equipment and power cords, shall not traverse sidewalks, accessible routes, or other pedestrian areas. Likewise, the placement of each EV charging station shall not conflict with landscaping to the extent that the purpose and intent of the landscape code is no longer met. d. No EV charging station shall be installed within a designated handicap space unless it is specifically designed and intended for handicap use only; e. Level 3 EV charging stations shall be prohibited in all residential zoning districts or in connection with any residential use; and f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-way, but only contingent upon the granting of all necessary approvals and/or agreements with the City Commission and all applicable agencies. 207 of 304 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is allowed in connection with EV charging stations. 4. Maintenance. EV charging station equipment shall be maintained in all respects, including the proper functioning of the charging equipment. A current phone number and other contact information shall be provided on the charging station equipment for the party responsible for maintenance and operation of the equipment. 5. Safety. Information on the EV charging station must identify voltage and amperage levels and time of use, fees, or safety information. When the EV charging station space is perpendicular or at an angle to curb face and charging station equipment, adequate equipment protection, such as wheel stops or bollards shall be used. 6. Data to be Available. To allow for maintenance and notification, owners of any new public EV charging station shall provide information on the station’s geographic location, date of installation, equipment type and model, and owner contact information. This information shall be submitted to the Director of Public Works. 7. Restrictions. The property owner of a public EV charging station shall have the authority to place restrictions on the number of hours that an EV is allowed to charge, in order to deter indefinite charging/parking. AA. Miscellaneous. … Section 4. Chapter 4, Article IV, Section 4D, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 4, Article IV, Section 4.D. 5. Electric Vehicle (EV) Charging Station Sign. a. Each public EV charging station shall have at least one (1) posted sign displaying operational information such as voltage and amperage levels, hours of use, fees, safety information and penalties related to misuse, and it must be approved by the City. b. Directional signs for EV charging stations may be allowed, provided that each complies with Section 4.C.4 above, except that the size and style shall not exceed that which is allowed in accordance with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) 2009 edition or latest supplement thereof. In addition, a maximum of two (2) off-premises directional signs located within public rights-of-way may be allowed. All signs associated with EV charging stations, if proposed within rights-of-way, shall comply with the permitting and processing requirements of the City and any other entity having jurisdiction over the subject right-of- way. 208 of 304 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 ____________, 2012. 209 of 304 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 210 of 304 211 of 304 212 of 304 213 of 304 214 of 304 215 of 304 216 of 304 217 of 304 218 of 304 219 of 304 220 of 304 221 of 304 222 of 304 223 of 304 224 of 304 225 of 304 226 of 304 227 of 304 228 of 304 229 of 304 230 of 304 231 of 304 232 of 304 233 of 304 234 of 304 13. B LEGAL March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-003 - SECOND EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Adopt the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. ER: Based on Florida Statute 553.73 4(a), “Building Construction XPLANATION OF EQUEST Standards”, the state legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. Accordingly, the City of Boynton Beach Building Division has modified the Chapter 1 code section of the Florida Building Code in conjunction with Palm Beach County to provide a greater consistency in the application and interpretation of the code on a countywide basis. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Apply the Florida Building Code without the Administrative Amendments LTERNATIVES tailored to the specific requirements of the City of Boynton Beach and Palm Beach County. 235 of 304 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE: PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , pursuant to Chapter 553.73, Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach Building Division has modified that Chapter 1 section of the Florida Building Code in conjunction with Palm Beach County to provide a greater consistency in the application and interpretation of the code on a countywide basis; and WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative Amendments to the 2010 Florida Building Code; and WHEREAS , such amendments must be transmitted to the State within 30 days after enactment of the amendments. 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 the Boynton Beach Administrative Amendments to the 2010 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the administration of the building codes, existing administrative laws or rules of the City shall control. 236 of 304 Section 4. 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 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ___ day of ______________, 2012. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 237 of 304 238 of 304 239 of 304 240 of 304 241 of 304 242 of 304 243 of 304 244 of 304 245 of 304 246 of 304 247 of 304 248 of 304 249 of 304 250 of 304 251 of 304 252 of 304 253 of 304 254 of 304 255 of 304 256 of 304 257 of 304 258 of 304 259 of 304 260 of 304 261 of 304 262 of 304 263 of 304 264 of 304 265 of 304 266 of 304 267 of 304 268 of 304 269 of 304 270 of 304 271 of 304 272 of 304 273 of 304 274 of 304 275 of 304 276 of 304 277 of 304 278 of 304 279 of 304 280 of 304 281 of 304 282 of 304 283 of 304 284 of 304 285 of 304 286 of 304 287 of 304 288 of 304 13. C LEGAL March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-005 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amend (a) responsibility for appointing a Chair and Vice-Chair and (b) qualifications of regular members of the Financial Advisory Committee ER: XPLANATION OF EQUESTS (a) The Financial Advisory Committee unanimously voted at its February 13, 2012 meeting (Minutes attached) to ask the City Commission to consider an amendment to the current Ordinance allowing the Committee to elect its own Chair and Vice-Chair. 2-243 (e) (2) Privileges, Duties and Responsibilities. (2) The regular members of the Financial Advisory Committee City Commission shall vote to appoint a chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote to appoint a vice-chair who shall serve in the absence of the chair. The Committee members noted and it was confirmed by the City Clerk that the Financial Advisory Committee is the only Committee or Advisory Board whose members could not elect its own Chair and Vice-Chair. (b) Staff liaison members to the Financial Advisory Committee further recommend an amendment to the current Ordinance to better clarify regular member qualifications. The expanded clarification is currently in place on the Committee Application (Attached). 289 of 304 Sec. 2-243. Committee appointments and membership. (a) All members shall be residents of or own property in the city, own a business within the city or be an officer, director or manager of a business located within the city. No member of the Committee shall serve on any other city board or committee. (b) (1) At least five of the regular members on the Committee shall have one of the following qualifications: a. Certified public accountant; b. Accounting professional; c. Finance professional; Financial Planning & Management d. Certified financial planner; e. Investment advisor; f. Insurance professional (property/casualty or health); g. Business owner/manager; h. MBA or MPA degree (with high levels of accountability / responsibilities with budget and organizational oversight). i. Banking j. Pension Plan Management k. Auditing; (2) The remaining four members may be at large. H? The proposed amendments would, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES (a) In the view of the Financial Advisory Committee, help them more effectively serve the City by expeditiously electing members as Chair and Vice-Chair who are willing to serve in the respective capacities and avoiding any extended vacancies. (b) Clarify the very general term of “Finance professional” into the added categories and provide consistency with the Financial Advisory Committee Appointment Application form. FI: None ISCAL MPACT A: Leave the Code as is. LTERNATIVES 290 of 304 ORDINANCE NO. 12 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-243(b)(1) “MEMBERSHIP” BY AMENDING THE QUALIFICATIONS FOR REGULAR MEMBERS; AMENDING SECTION 2-243(e)(2) “PRIVILEGES, DUTIES AND RESPONSIBILITIES” ALLOWING THE COMMITTEE TO SELECT ITS CHAIR AND VICE-CHAIR; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida established a Financial Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget; and WHEREAS , the Financial Advisory Committee has confirmed with the City Clerk that it is the only Committee or Board whose members could not elect its Chair and Vice-Chair; and WHEREAS , the Financial Advisory Committee has requested that the City Commission consider an amendment allowing the Committee to elect its own Chair and Vice-Chair; and WHEREAS , staff is also recommending an amendment to the City’s Code of Ordinances to better clarify the qualifications of regular members. 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 2, Article XVIII, Financial Advisory Committee, Section 2- 243(b)(1) of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 2-243. Committee appointments and membership. (a) All members shall be residents of or own property in the city, own a business within the city or be an officer, director or manager of a business located within the city. No member of the Committee shall serve on any other city board or committee. 291 of 304 (b) (1) At least five of the regular members on the Committee shall have one of the following qualifications: a. Certified public accountant; b. Accounting professional; c. Finance professionalAuditing; d. Certified financial planner; e. Investment advisor; f. Insurance professional (property/casualty or health); g. Business owner/manager; h. MBA or MPA degree (with high levels of accountability/responsibilities with budget and organizational oversight). i. Banking j. Pension Plan Management k. Financial Planning & Management (2) The remaining four members may be at large. Section 3. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2- 243(e)(2) of the Boynton Beach Code of Ordinances is hereby amended as follows: … (e) Privileges, duties and responsibilities. (1) Privileges. Members will have voting privileges as set forth herein. Members shall create and implement rules, policies and procedures necessary to carry out the Financial Advisory Committee’s purpose, in conformance with the provisions of the city’s Code of Ordinances and state law. (2) The City Commissionregular members of the Financial Advisory Committee shall vote to appoint a chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote to appoint a vice-chair who shall serve in the absence of the chair. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. 292 of 304 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. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 293 of 304 FIRST READING this ___ day of ______________, 2012. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 294 of 304 295 of 304 296 of 304 297 of 304 298 of 304 14. A FUTURE AGENDA ITEMS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Charter Review Committee Report - 3/20/12 EQUESTED CTION BY ITY OMMISSION ER: The City Commission appointed Charter Review Committee will be XPLANATION OF EQUEST bringing before Commission their research findings and recommendations in a final report. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 299 of 304 14. B FUTURE AGENDA ITEMS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on In-house Medical Clinic- 3/20/12 EQUESTED CTION BY ITY OMMISSION ER: Review research and feasibility of bringing into the city an In-house XPLANATION OF EQUEST Medical Clinic. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 300 of 304 14. C FUTURE AGENDA ITEMS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss Scope of Services for Police Department Study - EQUESTED CTION BY ITY OMMISSION 3/20/12 ER: Per the City Commission’s direction in November, 2011 staff XPLANATION OF EQUEST sought proposals from vendor/consultants to conduct a study of Police Department Operations/Services. To date, a defined scope of services has not been determined by the City Commission. This item will be provided to the Commission at the 3/20/12 meeting for discussion and direction. Proposals and estimated costs will be included. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 301 of 304 14. D FUTURE AGENDA ITEMS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on City-owned property for sale- 4/3/12 EQUESTED CTION BY ITY OMMISSION ER: Staff anticipates the land appraisals by mid-March. The bid XPLANATION OF EQUEST opening for the parcels is March 12, 2012. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 302 of 304 14. E FUTURE AGENDA ITEMS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Interlocal Agreement with Palm Beach County School EQUESTED CTION BY ITY OMMISSION District for conveyance of District owned Galaxy Scrub lands to the City - 3/20/12 ER: As part of the Galaxy Elementary School reconstruction City staff XPLANATION OF EQUEST has held discussions with the School District regarding the transfer of ownership of the scrub area to the City that sits immediately north (adjacent) of our replacement Galaxy Park site. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 303 of 304 14. F FUTURE AGENDA ITEMS March 6, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 6, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion of Phase II - City Hall Painting Project -- EQUESTED CTION BY ITY OMMISSION 3/20/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 304 of 304