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Agenda 07-17-12 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JULY 17, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II William Orlove Commissioner – District I 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 Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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 497 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation by Rev. Georgia Hillesland, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Citation for Gertrude Sullivan 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. Review procedures for filling vacancy on Commission. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the minutes from the City Commission regular meeting held on July 3, 2012 3 of 497 PROPOSED RESOLUTION NO. R12-059 B. - Authorize and direct execution of a lease agreement with MetroPCS Florida, LLC ("MetroPCS" or "Tenant") to allow for ground equipment and co-location on the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard) PROPOSED RESOLUTION NO. R12-060 C. -Approve an Agreement with Arthur J. Gallagher Risk Management Services, Inc. of Boca Raton, FL for brokerage services for the Renewal of Current Insurance Programs, RFP #050-1710- 12/JMA for the annual fee of $7,500 and authorize the Interim City Manager to sign the Agreement PROPOSED RESOLUTION NO. R12-061 D. - Approve renewal of an agreement with Health Career Institute, Inc., (HCI) and the City of Boynton Beach to provide a continuation of our Fire Rescue Department as a field training site for paramedic and EMT programs PROPOSED RESOLUTION NO. R12-062 E. - Authorize the purchase of property owned by Gail & Andrew Luchey, located at 128 N.W. 10th Avenue, aka 128 W. Martin Luther King Jr. Blvd., for the price of $65,000 plus all costs associated with the purchase and authorize the Mayor to sign the Purchase Agreement PROPOSED RESOLUTION NO. R12-063 F. - Approve and authorize financial support for Economic Development match funding required of 20% for the State of Florida's Qualified Target Industry Tax Refund (QTI) Program G. Accept the written report to the Commission for purchases over $10,000 for the month of June 2012. H. Approve the Bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS" Bid # 049-2510-12/JMA to Iron Container of Miami, Florida as the lowest, most responsive, responsible bidder who met all specifications with an estimated annual amount of $60,000 for the bid award period of September 2, 2012 to September 1, 2013. I. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue Fund for the nine (9) month period ended June 30, 2012. PROPOSED RESOLUTION NO. R12-064 J. - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The Boynton Beach Police Department was awarded $43,791 (award # 2012-DJ-BX-0117) on June 21, 2012. The funds have been allocated towards Holiday Deployment Operations and the purchase of tasers. K. Update on Tow Franchise 4 of 497 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement at mediation for $7,500 in the case of Blanche Evans v. City of Boynton Beach. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Master Plan Modification to the Boynton Village & Town Center development to re-design the Cortina portion of the site from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family homes, including the relocation and re-sizing of the park land dedication. B. Approve conditional use request to allow an existing restaurant to also operate as a bar/nightclub establishment on a 0.668-acre parcel in the C-4 General Commercial zoning district. Applicant: Bradley D, Miller, AICP PROPOSED RESOLUTION NO. R12-065 C. - Approve an amendment to the Community Development Block Grant (CDBG) One Year Action Plan FY 2011/2012 to provide funding for property acquisition, and Economic Development 10. CITY MANAGER’S REPORT A. Accept the third quarterly status report of the City of Boynton Beach Economic Development Program Implementation for the 2nd quarter 2012. B. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation for the 1st and 2nd quarter 2012. 11. UNFINISHED BUSINESS A. Discussion regarding Commission expense account - per request of Commissioner Bill Orlove B. Review proposed Scope of Services to be included in Request for Proposals (RFP) for Police Department Management Study. C. A. Follow up discussion and/or action by City Commission to confirm or redirect project direction B. Receive project update. 5 of 497 12. NEW BUSINESS PROPOSED RESOLUTION NO. R12-066 A. - Approve Interlocal Agreement between the City and the Quantum Park Overlay Dependent District thereby transferring maintenance jurisdiction of certain roadways in Quantum Park to the City of Boynton Beach B. Discuss the South Central Regional Wastewater Treatment and Disposal Board Interlocal Agreement. 13. LEGAL PROPOSED ORDINANCE NO. 12-013 - SECOND READING A. - Approve amendment to Land Development Regulations intended to extend the trial period for temporary feather banners for 12 months and allow for repeated 90- day display periods 14. FUTURE AGENDA ITEMS A. Discuss scope and timing of Charter Amendments adoption and public hearings - 8/07/12 B. Florida Department of Transportation Easement for Noise Wall - 08/07/12. C. Consider demolition of animal control building for public use parking. - 8-7-12 D. 1st Budget Adoption Public Hearing - Tuesday, September 4, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. E. Final Adoption Public Hearing - Fire Assessment Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. F. 2nd Budget Adoption Public Hearing - Tuesday, September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 6 of 497 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. 7 of 497 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Presentation of Citation for Gertrude Sullivan EQUESTED CTION BY ITY OMMISSION ER: This Citation is to honor Gertrude Sullivan, who recently XPLANATION OF EQUEST passed away, for her commitment of distinguished community service to the Boynton Beach community. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 8 of 497 CITATION Gertrude Sullivan was born in Waynesboro, Georgia and came to, Florida from Augusta, Georgia in 1957 and lived continuously in the City of Boynton Beach since that time. She was a proud mother of two sons and one daughter, six grandchildren and two great granddaughters. Gertrude Sullivan was a member of St. John Missionary Baptist Church and served numerous years on the adult and senior usher boards and as Culinary Manager. Gertrude Sullivan affectionately known as “Gert” is known for serving her community. She served as President of the Heart of Boynton Community Association; Chair of the Heart of Boynton Beach Executive Committee; President of the Boynton Terrace Neighborhood Association, Inc; Board Member, Women’s Circle, Inc; HOB Heritage Celebration Committee member and HOB Intergenerational Gathering Committee member. She served her community in several capacities. Gertrude Sullivan was known as “Cake Lady Gert” for baking wedding cakes and making delicious dishes. She served in the culinary profession for numerous years working in local restaurants for more than 21 years. She served Abbey Delray for 19 years. She was also a Baker at the Booker T’s restaurant. Gertrude Sullivan upon retirement took her talents and service to the “Heart” of the City of Boynton Beach community. She was a pillar of strength and hope in the Boynton Beach Community. Her service on numerous boards was appreciated and expressed to her in receiving several awards from several organizations and community based groups. These honors magnified her commitment of distinguished community service to the Boynton Beach community. Now therefore I, Woodrow L. Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize with this Citation Gertrude Sullivan who was 71 years old at the time of her death in the year 2012. In witness whereof , I have hereunto set my hand and caused the Seal of the City of th Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6 day of July, Two Thousand and Twelve. ________________________________ Woodrow L. Hay, Mayor _________________________ Judith A. Pyle, CMC Deputy City Clerk (Corporate Seal) 9 of 497 5. A ADMINISTRATIVE July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 10 of 497 Appointment Length of Term To Be Made Board Expiration Date II McCray Arts Commission Alt 1 yr term to 12/12 Tabled (2) III Holzman Arts Commission Alt 1 yr term to 12/12 Mayor Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/14 Tabled (3) III Holzman Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/13 I Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (3) II McCray Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (2) II McCray Cemetery Bd. Alt 1 yr term to 12/12 Tabled (2) Mayor Hay Code Compliance Bd. Alt 1 yr term to 12/12 Tabled (3) IV Ross Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (3) Mayor Hay Education & Youth Advisory Bd. Stu 1 yr term to 12/12 Tabled (2) I Education & Youth Advisory Bd. Alt 1 yr term to 12/12 Tabled (2) Mayor Hay Financial Advisory Bd. Reg 3 yr term to 6/13 I Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (3) II McCray Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (3) III Holzman Financial Advisory Bd. Reg 3 yr term to 6/14 Tabled (2) I Financial Advisory Bd. Reg 3 yr term to 6/15 IV Ross Financial Advisory Bd. Reg 3 yr term to 6/15 Tabled (2) II McCray Library Bd Alt 1 yr term to 12/12 Tabled (3) III Holzman Planning and Development Bd Reg 2 yr term to 12/13 Tabled (2) IV Ross Planning and Development Bd Reg 2 yr term to 12/13 I Planning and Development Bd Alt 1 yr term to 12/12 Tabled (2) Mayor Hay Planning and Development Bd Alt 1 yr term to 12/12 Tabled (2) II McCray Recreation & Parks Bd Alt 1 yr term to 12/12 Tabled (2) III Holzman Recreation & Parks Bd Alt 1 yr term to 12/12 Tabled (2) IV Ross Recreation & Parks Bd Reg 3 yr term to 12/13 Tabled (2) IV Holzman Senior Advisory Board Reg 2 yr term to 12/12 Mayor Hay Special Events Ad Hoc Committee Reg 2 yr term to 12/13 S:\CC\WP\BOARDS\APPMENTS\Board Year 2012\Appointments 07-03-12.doc 11 of 497 APPLICANTS ELIGIBLE FOR APPOINTMENT ON 7/17/12 Last Name First Name Eligibility Arts Commission Tito Aylin Reg/Alt Code Compliance Spell T. Brooke Reg Special Eents Ad Hoc Committee Heavilin Jeanne Reg S:\CC\WP\BOARDS\APPMENTS\Board Year 2012\APPLICANTS ELIGIBLE FOR APPOINTMENT ON 7-17-12.doc 12 of 497 13 of 497 14 of 497 15 of 497 16 of 497 17 of 497 5. B ADMINISTRATIVE July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Review procedures for filling vacancy on EQUESTED CTION BY ITY OMMISSION Commission. ER: Commissioner Bill Orlove resigned his position (letter XPLANATION OF EQUEST attached) as City Commissioner effective July 13, 2012. Section 20 of the City Charter (attached) provides the process for filling the vacancy. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 18 of 497 19 of 497 20 of 497 6. A CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 EQUESTED CTION BY ITY OMMISSION regular meeting held on July 3, 2012 The City Commission met on July 3, 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 21 of 497 22 of 497 23 of 497 24 of 497 25 of 497 26 of 497 27 of 497 28 of 497 29 of 497 30 of 497 31 of 497 32 of 497 33 of 497 34 of 497 35 of 497 36 of 497 37 of 497 38 of 497 39 of 497 40 of 497 41 of 497 6. B CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-059 - EQUESTED CTION BY ITY OMMISSION Authorize and direct execution of a lease agreement with MetroPCS Florida, LLC ("MetroPCS" or "Tenant") to allow for ground equipment and co-location on the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard) ER: Property has been leased from the City by Sprint Spectrum XPLANATION OF EQUEST since June of 2001 for a telecommunications tower at Hester Park (Resolution R01- 200). The original lease agreement for the site requires each additional tenant (co- locator) with ground equipment to have a separate lease agreement with the City for their ground space. MetroPCS is proposing to co-locate antennas at 90 feet in height on the 150 foot monopole tower, and will be the third carrier/user on the tower which is designed for 140 mile per hour windloads. All ground equipment for the proposed MetroPCS co-location will be contained within the existing fenced tower lease area and will comply with required setbacks. If approved, MetroPCS would then pursue all necessary building permits for the co-location. Staff recommends that this request be approved thereby allowing the co-location within the existing lease parcel to accommodate MetroPCS equipment and avoid the current need for an additional tower in the immediate area. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The City would receive an additional $800.00 per month for five (5) ISCAL MPACT successive five (5) year periods for rental of 176 square feet within the existing lease area. In addition, rent will be increased by three percent (3%) annually. 42 of 497 A: Not approve the proposed lease agreement thereby not allowing co- LTERNATIVES location on an existing tower. 43 of 497 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH METROPCS FLORIDA, LLC., TO ALLOW FOR GROUND EQUIPMENT AND CO-LOCATION ON THE EXISTING TELECOMMUNICATIONS TOWER AT HESTER PARK LOCATED AT 1901 NORTH SEACREST BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the property has been leased from the City by Sprint Spectrum since June, 2001 for a telecommunications tower at Hester Park (Resolution R01-200); and WHEREAS , the original Lease Agreement for the site requires that each additional tenant with ground equipment have a separate lease agreement with the City for their own ground space; and WHEREAS, MetroPCS Florida is proposing to co-locate antennas at 90 feet high on the 150 foot monopole tower and to co-locate ground equipment within the existing fenced tower lease area and comply with setbacks; and WHEREAS , collocation is encouraged to prevent the proliferation of telecommunications towers in the City of Boynton Beach; and WHEREAS , staff has reviewed the request for collocation and recommends that the City consent to the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Interim City Manager to execute the Lease Agreement between the 44 of 497 City of Boynton Beach and MetroPCS Florida, LLC., to allow for ground equipment and co- location on the existing telecommunications tower at Hester Park located at 1901 North Seacrest Boulevard, Boynton Beach, a copy of said Lease Agreement is attached hereto as Exhibit “A”. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Woodrow L. Hay ____________________________ Vice Mayor – Mack McCray ____________________________ Commissioner – ____________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Reso - MetroPCS Lease Agreement- telecommunications.doc 45 of 497 46 of 497 47 of 497 48 of 497 49 of 497 50 of 497 51 of 497 52 of 497 53 of 497 54 of 497 55 of 497 56 of 497 57 of 497 58 of 497 6. C CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-060 - EQUESTED CTION BY ITY OMMISSION Approve an Agreement with Arthur J. Gallagher Risk Management Services, Inc. of Boca Raton, FL for brokerage services for the Renewal of Current Insurance Programs, RFP #050-1710- 12/JMA for the annual fee of $7,500 and authorize the Interim City Manager to sign the Agreement :S18,2012S17,2013 AGREEMENT PERIOD EPTEMBER THRU EPTEMBER ER: The City’s Finance Department issued Request for XPLANATION OF EQUEST Proposals #50-1710-12/JMA for the selection of insurance broker for renewal/placement of business lines to include automobile insurance, equipment breakdown insurance and inland marine insurance for marine vessels and equipment. The RFP’s were opened on June 20, 2012, five prospective brokers responded. The submissions were evaluated by Risk Management Personnel. The recommendation is to award the agreement to Arthur J. Gallagher per the attached evaluation sheet. The term of the agreement is for one (1) year with the option to renew for two (2) one (1) year renewals. H? This will allow for continuing OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES program operations as currently established. Selected broker will be authorized to submit requests for renewal/placement of insurance programs in insurance markets. Insurance program selection and placement will be submitted to City Commission for approval. 59 of 497 FI: Costs for this agreement is budgeted in the Risk Management budget ISCAL MPACT line items 522-1710-519-4502. Previous year’s expense for this service is as follows: FY 11/12 $12,000.00 FY 10/11 $12,000.00 FY 09/10 $12,000.00 A: Non-renewal of selected insurance programs. LTERNATIVES 60 of 497 RESOLUTION NO. R 12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AWARDING A BROKER AGREEMENT (RFP # 050-1710-12/JMA) BETWEEN THE CITY OF BOYNTON BEACH AND ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., OF BOCA RATON, FLORIDA FOR BROKERAGE SERVICES FOR THE RENEWAL OF CURRENT INSURANCE PROGRAMS IN THE AMOUNT OF $7,500.00; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE THE BROKER AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach issued a Request for Proposals (RFP #050- 1710-12/JMA) for Brokerage Services for the Renewal of the Current Insurance Programs; and WHEREAS , on June 20, 2012, Procurement Services opened and tabulated five (5) proposals for the referenced RFP; and WHEREAS, all proposals were reviewed and it was determined that Arthur J. Gallagher Risk Management Services, Inc., was the lowest, most responsive bidder who met all specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and awards a Broker Agreement to Arthur J. Gallagher Risk Management Services, Inc., for Brokerage Services for the Renewal of the Current Insurance Programs (RFP#050- 1710-12/JMA) in the amount of $7,500.00. Section 3. The City Commission authorizes the Interim City Manager and City Clerk to execute a Broker Agreement with Arthur J. Gallagher Risk Management Services, Inc., a copy of which is attached hereto as Exhibit “A”. 61 of 497 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Commissioner – Marlene Ross __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 62 of 497 63 of 497 64 of 497 65 of 497 66 of 497 BROKER AGREEMENT FOR “ANNUAL AGREEMENT FOR BROKERAGE SERVICES FOR THE RENEWAL OF THE CURRENT INSURANCE PROGRAMS” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to Arthur J. Gallagher Risk Management Services, Inc. as “the City”, and , hereinafter referred to as “the Broker”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.BROKER PROJECT DESIGNATION. The BROKER is retained by the City to perform SERVICES in connection with the project designated. 2.SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Broker to proceed. Broker shall perform all services and provide all work product required pursuant to this Agreement, initial term shall be September 18, 2012 thru September 17, 2013 . 4.TERM. This Agreement shall be for a period of one (1) year commencing upon the giving Agreement is executed by the City, with optional renewals for two (2) years at the discretion of the City based on mutually agreed upon rates. 5. PAYMENT. The Broker shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: $7,500, a. The annual agreement price of shall be the total amount of payment to Broker for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Broker shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Broker shall not exceed the total agreement price without express written modification of the Agreement signed by the City Manager or designee. c. The Broker may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Broker in the amount approved. d. Final payment of any balance due the Broker of the total agreement price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. 67 of 497 f. The Broker’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Broker in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Broker shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Broker’s endeavors. 7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8.INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Broker’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Broker. 9.INSURANCE. The Broker shall secure and maintain in force throughout the duration of this agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. It shall be the responsibility of the successful bidder to maintain workers’ compensation insurance, property damage, liability insurance and vehicular liability insurance during the duration of this agreement. The successful bidder shall secure and maintain in force throughout the duration of this agreement workers' compensation insurance to statutory limits. The successful bidder shall provide evidence of at least $1,000,000 of Errors and Omissions coverage, and any other insurance coverage or risk financing program intended to cover similar incidents in the broker-insured relationship. The successful bidder shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 68 of 497 10.INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Broker nor any employee of Broker shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Broker, or any employee of Broker. 11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Broker, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Broker, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or, in its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time 14. limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a.Either CITY or BROKER may terminate this Agreement at any time by giving forty-five (45) days written notice to the other party, this also includes non-renewal or increase in rate or adverse change. b.In the event of the death of a member, partner or officer of the Broker, or any of its supervisory personnel assigned to the project, the surviving members of the Broker hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Broker and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 69 of 497 17.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Broker shall be sent to the following address: Arthur J Gallagher Risk Management Services, Inc. ATTN: Judith Arenz, Sr. V.P. 3355 Glades Road Suite 400E Boca Raton, FL 33431 70 of 497 INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Broker and supersedes all prior negotiations, representations, or Agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Broker. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH: _________________________________ __________________________________ Interim City Manager Broker Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 71 of 497 EXHIBIT “A” SCOPE OF SERVICES 1.Services in advising and coordinating with the City’s Risk Manager include, but are not limited to the following: 2.Assist in developing underwriting data and specifications for renewal negotiations. 3.With the participation of the Risk Manager, obtain bids from the insurance industry and negotiate the best terms and coverage for the various exposure areas. 4.Evaluate the commitment and financial stability of the underwriters. 5.Service existing insurance policies by tendering losses, reviewing coverage issues, assisting in collection of losses, reporting values, issuing Certificates of Insurance as needed, processing policy changes, etc. in a timely manner. 6.Schedule meetings with the Risk Manager to discuss loss control issues, exposure changes, and general administrative matters. 7.Analyze the City’s exposure to loss, adequacy of coverage, and develop options on coverage not presently purchased by the City. 8.Provide service for day to day contact on insurance matters. 9.Prepare an annual report including a schedule of policies in force, coverage provisions, premiums, insurance claims experience for the prior policy year and recommendations for possible adjustments to insurance coverage for the next policy year. The report should provide a summary of broker support services rendered during the prior year, with recommendations for broker services recommended for the subsequent year. 10.Work with the City’s Risk Manager to monitor the viability and cost effectiveness of the City’s insurance program. 11.Provide other services that are normally and customarily required of a municipal insurance broker. 72 of 497 73 of 497 74 of 497 75 of 497 76 of 497 77 of 497 78 of 497 79 of 497 80 of 497 81 of 497 82 of 497 83 of 497 84 of 497 85 of 497 86 of 497 6. D CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-061 - EQUESTED CTION BY ITY OMMISSION Approve renewal of an agreement with Health Career Institute, Inc., (HCI) and the City of Boynton Beach to provide a continuation of our Fire Rescue Department as a field training site for paramedic and EMT programs ER: An integral part of an individual’s training to become either XPLANATION OF EQUEST and Emergency Medical Technician (EMT) or paramedic requires a certain amount of field training, whether that training takes place in an emergency room or on a fire rescue unit. The Boynton Beach Fire Rescue Department has been a training site for EMT and paramedic clinical rotations for over 26 years. This agreement formalizes a cooperative relationship between the City and the Health Career Institute, Inc., (HCI) for an additional three (3) year period of time. H? Boynton Beach Fire Rescue crews OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES are well acclimated to teaching and mentoring EMT and paramedic students. Teaching others helps to keep our fire rescue personnel’s skills at their highest level. Monitoring and working with these students also becomes beneficial when hiring new recruits. Observing an employee’s behaviors and interactions with other crew members and the public provides a window into how that potential employee will fit in with our rescue team personnel. FI: None ISCAL MPACT A: Not renew the agreement, thus losing the benefits mentioned above. LTERNATIVES 87 of 497 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HEALTH CAREER INSTITUTE, INC., (HCI) FOR A COOPERATIVE RELATIONSHIP TO USE BOYNTON BEACH AS A CLINICAL TRAINING SITE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the Boynton Beach Fire Rescue has been a clinical training site for EMT and Paramedic students for many years; and WHEREAS , this Agreement allows HCI students to ride with Boynton Beach Fire Rescue crews to gain valuable clinical experience treating patients; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorizes the Interim City Manager and City Clerk to execute an Agreement between the City of Boynton Beach and Health Career Institute, Inc., a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. 88 of 497 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 89 of 497 Health Career Institute (561) 586-0121 Office (561) 586-7616 Fax AGREEMENT This Agreement, made and entered into on this by Health Career Institute, Inc., and between City of Boynton Beach on behalf of its Fire Rescue department hereinafter th referred to as “FIRE RESCUE”, and Health Career Institute, Inc., 1926 10 Ave N. Suite 106 Lake Worth, Florida 33461 a public corporation under the laws of the State of Florida, hereinafter referred to as “SCHOOL”. Whereas, the parties hereto desire to enter into a contractual arrangement providing for education and training of students in the Paramedic and Emergency Medical Technician (EMT) programs. NOW THEREFORE, It Is Agreed Between The Parties As Follows: 1. The School has undertaken to educate and train students in the Paramedic and EMT programs. 2. The programs shall be under the auspice of the School, as defined in Florida State Statute Chapter 401 and Administrative Code 64J-1.020, Training Program. 3. This agreement shall continue for three (3) years. This agreement may be terminated by either party with or without cause upon thirty (30) days prior written notice. The School Further Agrees To: 1. The School hereby represents that it has complied and shall continue to comply with all applicable Federal and State statutes and local ordinances. Further, the School shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations required for the training programs which are the subject of this Agreement from any federal, state, regional, county, or city agency. 2. Ensure that students in the Paramedic and EMT program are subject to and comply with the rules and regulations of the School and receive the training and 90 of 497 certification required by Florida State Statute Section 401.2701 and Administrative Code 64J-1.020, Training Program. 3. Ensure that students adhere to all the applicable policies and procedures established by FIRE RESCUE to include Exposure Control Plan for Blood Borne Pathogens and all related Infectious Control Policies. 4. Consult with the FIRE RESCUE designee selecting clinical experiences for the students of the program. However, the School acknowledges and hereby agrees that such clinical experiences shall ultimately be decided by FIRE RESCUE in its sole discretion and as the circumstances may permit. 5. Provide a list of students and the dates for which such students are expected to participate in the clinical experiences to FIRE RESCUE. 6. The School shall provide the following: INSURANCE  It shall be the responsibility of Health Career Institute, Inc., (HCI), or its student, to maintain professional liability insurance and personal/private accident insurance, to cover the student in case of injury or accident.  This insurance shall be secured and maintained in force, throughout the duration of this contract, general and professional liability insurance with a minimum coverage of $1,000,000 per occurrence; $3,000,000 aggregate for personal and/or property damages; and, $1,000,000 per occurrence/aggregate for personal/private accident/injury insurance.  Said liability policies shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City.  HCI shall furnish the City with a certificate of insurance for each student prior to the start of this program with the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition.  Reference Insurance Advisory Form (Attachment A) for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. 7. The school will ensure that each student provides at his or her own expense the following: a. Uniforms b. Laundry service 91 of 497 c. Transportation d. Meals e. Physical examination f. Required immunizations g. Hospital and medical treatment 8. No student shall perform any procedure(s) on a patient unless such student has previously demonstrated sufficient competency at such procedure(s) so as to satisfy any federal, state, regional, county, city and/or educational requirement(s) for the performance of such procedure(s). FIRE RESCUE Further Agrees To: 1. Provide the necessary facilities for clinical experiences for Paramedic and EMT instruction. 2. Cooperate in the assignments of the students at FIRE RESCUE with staff of the School, however; such assignments shall be in accordance with the Fire Rescue’s established shifts, available qualified supervisory personnel and station availability. 3. Provide liaison between the FIRE RESCUE administrator and the School EMS Program coordinator. : Both Parties Further Agree as Follows 1. No student shall in connection with this agreement or performance of services hereunder have a right to or claim for any wages, salary, or any other form of compensation, unemployment compensation, civil service or other employee rights, privileges and/or benefits granted by operation of law or otherwise. No student shall be deemed an employee of FIRE RESCUE, for any purpose, during the performance of services hereunder. 2. Neither party to this Agreement nor their respective officers, agents, representatives or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. 3. The SCHOOL, shall indemnify and save harmless and defend FIRE RESCUE, its agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action which may arise from any act or omission of the SCHOOL, 92 of 497 its students, agents, servants, or employees in the performance of services under this Agreement. Nothing in this provision shall be construed as consent by FIRE RESCUE to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 4. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 5. This Agreement and any dispute, disagreement, or issue of construction, declaration or interpretation arising hereunder whether relating to its execution, its validity, the obligations provided herein, performance or breach shall be governed and interpreted according to laws of the State of Florida. Any and all action necessary to enforce the Agreement will be held in Palm Beach County, Florida. 6. FIRE RESCUE and the SCHOOL, agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties. 7. Failure of FIRE RESCUE to enforce or exercise any right(s) under this agreement shall not be deemed a waiver of FIRE RESCUE’S right to enforce or exercise said right(s) at any time thereafter. 8. This agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 9. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 10. Neither party may assign or transfer this agreement without first obtaining the written consent of the other party. AGREEMENT WITH THE CITY OF Boynton Beach, Florida IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. 93 of 497 ATTEST: HEALTH CAREER INSTITUTE, INC. By: __________________________ Corporate Secretary BY: __________________________ Tina Palermo President CITY OF BOYNTON BEACH,FLORIDA ATTEST: By:_________________________________ ___________________________________ Lori LaVerriere Janet M. Prainito, MMC, City Clerk Interim City Manager APPROVED AS TO FORM: ___________________________________ James A. Cherof, City Attorney 94 of 497 6. E CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-062 - EQUESTED CTION BY ITY OMMISSION Authorize the purchase of property owned by Gail & Andrew Luchey, located at 128 N.W. 10th Avenue, aka 128 W. Martin Luther King Jr. Blvd., for the price of $65,000 plus all costs associated with the purchase and authorize the Mayor to sign the Purchase Agreement EXPLANATION: Development staff seeks authorization of the purchase of the property referenced above which is located adjacent to the Sara Sims Memorial Gardens, and is a part of an overall plan to expand the park. Although the property has been appraised at $66,000, all parties have agreed on a purchase price of $65,000.The transaction is a “Short Sale” which is being negotiated by the City Attorney’s office with the lender and seller. City records indicate that there are currently no active City liens; however, a title search will be completed prior to closing this deal. PROGRAM IMPACT: The acquisition of this property, which is located within the Heart of Boynton Redevelopment Area, is conducive to the expansion of the Sara Sims Memorial Gardens, and is a continuance of Heart of Boynton Redevelopment Plan. Furthermore, the acquisition contributes to the elimination of slum and blight. The property is one of five properties subject to negotiations needed to be acquired to complete the Sara Sims Memorial Gardens expansion project. There are currently no active lease agreements which would require any relocation of residents to complete this transaction. FISCAL IMPACT: Although the cost to acquire the property is $65,000, staff is requesting a reallocation of Community Development Block Grant funds in the amount 95 of 497 of $72,000 for this activity to assure that all costs associated with this transaction to include legal fees and title costs will be available. Staff seeks authorization to reprogram unexpended Community Development Block Grant funds from fiscal years 2008 and 2009 to complete this transaction. ALTERNATIVES: Do not acquire the property. 96 of 497 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF PROPERTY OWNED BY ANDREW LUCHEY AND GAIL LUCHEY, IN THE AMOUNT OF $65,000 PLUS ALL COSTS ASSOCIATED WITH THE PURCHASE; AUTHORIZES THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to accept the contract to purchase th property located at 128 N.W. 10 Avenue, Boynton Beach, owned by Andrew Luchey and Gail Luchey, for the amount of $65,000.00, plus all costs associated with the purchase, as part of the overall plan to expand Sara Sims Memorial Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby th authorize the purchase of property at 128 N.W. 10 Avenue from Andrew Luchey and Gail Luchey in the amount of $65,000 plus all costs associated with the purchase. Section 3. The Mayor is authorized to execute all necessary documents associated with the purchase of the property. Section 4. This Resolution shall become effective immediately upon passage. 97 of 497 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross Attest: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 98 of 497 99 of 497 100 of 497 101 of 497 102 of 497 103 of 497 104 of 497 105 of 497 106 of 497 107 of 497 108 of 497 109 of 497 110 of 497 111 of 497 112 of 497 113 of 497 114 of 497 115 of 497 116 of 497 117 of 497 118 of 497 119 of 497 120 of 497 121 of 497 122 of 497 123 of 497 124 of 497 125 of 497 126 of 497 127 of 497 128 of 497 129 of 497 130 of 497 131 of 497 6. F CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-063 - EQUESTED CTION BY ITY OMMISSION Approve and authorize financial support for Economic Development match funding required of 20% for the State of Florida's Qualified Target Industry Tax Refund (QTI) Program ER: To show support of a new light industry business to be XPLANATION OF EQUEST located in Quantum Corporate Park that will be bringing new jobs to the City of Boynton Beach. This light industrial business, assigned the code name “Project Cast” by the Business Development Board of Palm Beach County, has been prequalified for the State of Florida’s Qualified Target Industry Tax Refund (QTI) program. This program is designed to encourage the creation of high skill jobs for new or expanding businesses which meet the State’s criteria. Qualified companies participating in this program that produce a minimum of ten (10) new jobs paying 150% of the average annual wage are eligible to receive tax rebates once the jobs have been created. H? A new business coming to the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of Boynton Beach, prequalified by the State of Florida Department of Economic Opportunity, will create jobs for low to moderate income residents of the City of Boynton Beach. This project is eligible as a Special Economic Development Activity under the Community Development Block Grant (CDBG) Program, which does not require that the business be located within the target area. The regulation does however require that low and moderate income persons benefit from the program. In order for the business to receive the tax incentives from the state, the employer must meet the required wage goals, and maintain the jobs over a minimum four year period. 132 of 497 FI: Community Development Block Grant funds will be used to provide the ISCAL MPACT twenty per cent (20%) local match, payable at the time the State has received confirmation of job creation. A minimum of ten (10) new jobs will be brought to the City of Boynton Beach. A: Not to support this program. LTERNATIVES 133 of 497 RESOLUTION NO. R12-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, RECOMMENDING PROJECT CAST BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the business under consideration is a Specialty Apparel Manufacturing , business, specificallyProject Cast; and WHEREAS, Project Castis anew business which will create 40 full-time jobs; and WHEREAS, Project Cast intends to locate in Quantum Park; and WHEREAS, Project Casthas been identified as a Target Industry Business; and WHEREAS, Project Cast plans to open business in Boynton Beach; and WHEREAS, the City of Boynton Beach hereby acknowledges that local financial support of 20% of the total tax refund of $112,000, is required under the provisions of s.288.106, Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program; and WHEREAS , the City of Boynton Beach has committed to provide $22,400, which is 20%, of the required QTI local financial support as cash contribution allocated through CDBG funding for Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACHFLORIDATHAT: , Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby recommends Project Cast be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes. 134 of 497 Section 3.The City Commissionhas determined the basis of this project’s average private sector wage commitment calculation shall be 150% of thePalm Beach Countyaverage 1 annual wage. Section 4. The necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Cast in the amount of $22,400; that this amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes. Section 5. This Resolution shall become effective immediately upon passage. 135 of 497 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 136 of 497 6. G CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of June 2012. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for June 2012: Purchase Order Vendor Amount 120815 AMJ Equipment Corp $ 11,176.00 120825 Emergency Response Educators $ 19,800.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. 137 of 497 FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 138 of 497 139 of 497 140 of 497 141 of 497 142 of 497 143 of 497 144 of 497 145 of 497 146 of 497 147 of 497 148 of 497 149 of 497 150 of 497 151 of 497 152 of 497 153 of 497 154 of 497 155 of 497 156 of 497 157 of 497 158 of 497 159 of 497 160 of 497 161 of 497 162 of 497 163 of 497 164 of 497 165 of 497 166 of 497 167 of 497 168 of 497 169 of 497 170 of 497 171 of 497 172 of 497 173 of 497 174 of 497 175 of 497 176 of 497 177 of 497 178 of 497 179 of 497 180 of 497 6. H CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 Bid for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION METAL CONTAINERS AND ROLL-OFFS" Bid # 049-2510-12/JMA to Iron Container of Miami, Florida as the lowest, most responsive, responsible bidder who met all specifications with an estimated annual amount of $60,000 for the bid award period of September 2, 2012 to September 1, 2013. : 2,20121,2013 BID AWARD PERIODSEPTEMBER TO SEPTEMBER ER: On June 5, 2012, Procurement Services opened and XPLANATION OF EQUEST tabulated three (3) bids. All bids were reviewed by the Solid Waste Supervisor. It was determined to recommend this award to Iron Container of Miami as the lowest, most responsive, responsible bidder. The provision of this bid will allow for a two (2) one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the H? The purpose of this bid is to secure OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES prices for a period of one (1) year for the purchase of Metal Containers (dumpsters) and (roll-offs) used throughout the City on an as needed basis for commercial and/or multi- residential accounts for the collection of refuse. The primary purchase will be for front-load dumpsters that are used throughout the City at commercial and multi-family units. There are over 800 commercial accounts with over 1,000 dumpsters in use along with approximately 14,500 multi-family units. The 181 of 497 commercial accounts change service continually i.e., requests for different dumpster sizes and service. In addition these containers are used for multi-family associations and recycling for both commercial and multi-family use. The previous year’s expenditures are as follows: FY 11/12 (Current Year) $43,500 to date FY 10/11 $56,750 FY 09/10 $83,260 We currently have a metal container repair contract which allows us to repair roll-offs on an emergency basis as well as re-bottom front load containers for reuse. Unfortunately, some front load containers are not repairable and need to be replaced. Our commercial/multi-family front load business has been remarkably stable and containers for our customers are essential. We have done everything possible to keep this expense to a bare minimum. FI: FI: Estimated amount of annual expenditures is $60,000, ISCAL MPACTISCAL MPACT charged to budget account number 431-2515-534-52.74 of the Solid Waste Fund. A: Decrease blanket size and put all resources from metal container repair LTERNATIVES contract to front load commercial containers. This could cause a loss in our capability to provide our roll-off customers the type of container they request; i.e. 10 yard and 40 yard containers. It would also severely limit our ability to meet the needs of our commercial customers as we continue to push into the recycling business to meet State mandated goals. 182 of 497 183 of 497 184 of 497 185 of 497 186 of 497 187 of 497 188 of 497 189 of 497 190 of 497 191 of 497 192 of 497 193 of 497 194 of 497 195 of 497 196 of 497 197 of 497 198 of 497 199 of 497 200 of 497 201 of 497 202 of 497 203 of 497 204 of 497 205 of 497 206 of 497 207 of 497 208 of 497 209 of 497 210 of 497 211 of 497 212 of 497 213 of 497 214 of 497 215 of 497 216 of 497 217 of 497 218 of 497 219 of 497 220 of 497 221 of 497 6. I CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2011-12 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Revenue Fund for the nine (9) month period ended June 30, 2012. ER: This report summarizes the estimated funding sources and XPLANATION OF EQUEST the adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund for the nine (9) month period ended June 30, 2012 (75% of the fiscal year). The analysis compares -  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and the ISCAL MPACT Utility Revenue Fund follow. 222 of 497 GENERAL FUND FY 2011-12FY 2010-11FY 2012 vs. 2011 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 65,142$ 54,94984%$ 68,551$ 57,087 83%-5%-4% Expenditures$ (65,142)$ (48,854)75%$ (68,551)$ (51,610)75%-5%-5% Excess (Deficit)$ -$ 6,095$ -$ 5,477 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the FY 2012. Transfers from other funds (non-revenues) provide $22.3 M or a large 34% of the total funding sources to balance our $65.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA 2. 31% - $ 20.3 M – All other revenues 3._34% - $ 22.3 M – Transfers from other funds & General Fund Balance 100% - $ 65.1 M – Total funding sources The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an increase of $.8 M from FY 2011. To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an appropriation of the General Fund undesignated fund balance of $110,000 representing a total of $22.3 M or 34% of all funding sources. Actual Funding Sources Realized: Revenues and transfers realized are $54.9 M or 84% of the budget estimate compared to $57.0 M or 83% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $21.6 M (96% of the budget estimate) have been received to date versus $21.0 M (95% of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: 1. Franchise Fees with $3.2 M or 71% actually collected in FY 2012 compared to 64% in FY 2011. The percent increase is due to reduced revenue estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012. 2. Business Taxes & Building Permits Business taxes and building permits in total appear that we will realize our total estimated revenues. a. Business taxes are due at the beginning of our fiscal year. It appears that we will fall short of our annual estimate by approximately $200,000. It remains to be seen if all business taxes will be realized. b. Building permits of $1.6 million have already exceeded our annual 223 of 497 estimate of $1.1 million and have doubled year-to-date compared to the $1.0 million in FY 2011. At this rate, we should make up the $200,000 shortfall of business taxes before the fiscal year is complete. 3. State Shared Revenues of $4.9 M or 75% collected in FY 2012 which is ahead of FY 2011 in dollars collected, but behind the 77% of the total budget estimate for FY 2011. The amount budgeted this year reflects the State’s estimate. However, it remains to be seen if all State shared revenues will be collected. 4. Public Safety revenues realized this year are $3.3 M compared to $3.2 M in FY 2011. Once again, it remains to be seen if all Public Safety revenues will be realized. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, budgeted expenditures decreased approximately 5% from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many departments with the larger decreases coming from Police, Building and Development departments, and Parks Maintenance. Actual Expenditures – Expenditures for the fiscal year to date are $48.8 M that is 75% of the $65.1 M expenditure appropriation for FY 2012. (a) With the expenditures at $48.8 M, we are $2.8 M under last fiscal year spending levels of $51.6 M for this same period. (b) The two largest departments, Police and Fire account for the majority of actual expenditures to date on Exhibit B: Budget @ 75% Expended Difference Pension  Police - $22.7 M - $17.0 M $18.1 M (80%) $1.1 M $2.2 M  Fire - $18.6 M - $13.9 M $14.1 M (76%) $0.2 M $1.9 M (c) The Pension line item is the major item of their budget overage to date. This is primarily due to the one-time payment for the City’s pension obligations at the beginning of the fiscal year in order to save significant ($1.0 M) pension costs as opposed to previous years where the City made monthly payments. 224 of 497 UTILITY REVENUE FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Actual to DateActual to Date Annual Annual BudgetActual BudgetBudget %% Amount%Amount% Revenues$ 39,077$ 29,06674%$ 36,309$ 29,16180%8%0% Revenue Fund Increase$ (6,860)$ (5,145)75%$ (4,342)$ (3,257)75%58%58% Net Revenues$ 32,217$ 23,92174%$ 31,967$ 25,90481%1%-8% Expenditures$ (32,217)$ (23,387)73%$ (31,967)$ (23,677)74%1%-1% Operational Variance$ -$ 534$ -$ 2,227 With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond issue of $45.895 million, the Commission approved necessary rate increases to partially fund and maintain the Utility’s Repair & Maintenance Capital Fund in addition to bond financing. As a result, there are the planned Revenue Fund increases in its Operational Plan in order to meet our CIP needs and to fund our increased debt service requirements. These factors should provide for adequate bond debt service coverage. Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a fund balance increase (excess of revenues over expenditures) before added debt service and transfers to the Repair & Maintenance Capital Improvement Fund. To date this year, we are slightly ahead of our plan by $534 K versus last year’s amount of $2,227 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) – Actual revenues to date of $29.0 M and the planned fund balance increase of $5.1 M vary slightly in FY 2012 compared to the $29.1 M to date in FY 2011, because of two factors:  Water Sales - $13.3 M equivalent to 72% of the annual estimate, compared to $13.6 M (81%) at this point in FY 2011.  Sewer Service - $12.2 M equivalent to 74% of the annual estimate, compared to $12.0 M (78%) at this point in FY 2011. Expenditures (Exhibit D) – The FY 2012 annual expenditure budget of $32.2 M represents a $0.3 M (1%) increase from the FY 2011 budget of $31.9 M Expenditures to date are $23.4 M or 73% of the annual appropriation compared to similar expenditures for the prior fiscal year. Similar to the General Fund, we are ahead of last year’s spending levels due to the one-time payment for the City’s pension obligations at the beginning of the fiscal year in order to save significant pension costs as opposed to previous years where the City made monthly payments. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 225 of 497 226 of 497 227 of 497 228 of 497 229 of 497 6. J CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-064 - EQUESTED CTION BY ITY OMMISSION Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The Boynton Beach Police Department was awarded $43,791 (award # 2012-DJ-BX- 0117) on June 21, 2012. The funds have been allocated towards Holiday Deployment Operations and the purchase of tasers. :10/01/2011-09/30/2015 GRANT TIME PERIOD ER: Approve the acceptance of the Edward Byrne Memorial XPLANATION OF EQUEST Justice Assistance Grant Program (JAG). Our agency was awarded $43,791 (award # 2012-DJ-BX-0117) on 06/21/2012. The funds have been allocated towards our Holiday Deployment Operation and the purchase of tasers. H? Our agency has utilized this grant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with great success over the past several years to enhance the performance of the Uniform & Support Services Division. A portion of the JAG funds are used to supplement our Holiday Deployment Operation which focuses on high profile crime prevention. This allows officers to provide extra police presence during the holiday shopping season in an area; we call the “Congress Avenue Corridor.” The Congress Avenue Corridor is comprised of over 500 businesses and includes the Boynton Beach Mall. In addition our agency would like to utilize a portion of the awarded funds to purchase tasers. The taser model that we currently use has become obsolete and the parts for repairing them are no longer available, therefore they need to be replaced with a newer model. 230 of 497 FI: By accepting this award, the police department will receive $43,791 to ISCAL MPACT improve our operations and better serve the community. A: Do not accept the grant award. LTERNATIVES 231 of 497 RESOLUTION NO. R12-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) IN THE AMOUNT OF $43,791 ALLOCATED TOWARDS THE HOLIDAY DEPLOYMENT OPERATION AND THE PURCHASE OF TASERS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the grant is in the amount of $43,791; and WHEREAS, a portion of the JAG funds will be used to supplement the Holiday Deployment Operation to provide extra police presence during the holiday shopping season in the area known as the Congress Avenue Corridor; and WHEREAS, in addition, a portion of the JAG funds will be used to purchase tasers because the ones the Police Department have are obsolete and the parts for repairing them are no longer available, therefore they need to be replaced with a newer models. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby accepts and authorizes and directs the Mayor and City Clerk to execute the Grant from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant Program in the amount of $43,791, a copy of the agreement is attached hereto as Exhibit “A.” 232 of 497 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 233 of 497 234 of 497 235 of 497 236 of 497 237 of 497 238 of 497 239 of 497 240 of 497 241 of 497 242 of 497 6. K CONSENT AGENDA July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 Tow Franchise EQUESTED CTION BY ITY OMMISSION ER: A commissioner has requested staff to provide an update to XPLANATION OF EQUEST the City Commission on the City’s Towing Franchise with Beck’s Towing & Recovery and Zucalla’s Wrecker Service. See the attached memorandum from the Police Department, who administers the contract. Both vendors have been notified this item is on the agenda. We are in the second year of a three year contract. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Not hear update. LTERNATIVES 243 of 497 244 of 497 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Recommend approval of negotiated settlement at EQUESTED CTION BY ITY OMMISSION mediation for $7,500 in the case of Blanche Evans v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Michael Burke, Johnson Anselmo… Plaintiff Counsel: Bryan Boysaw, Bryan Boysaw & Associates Incident: Motor vehicle accident on June 5, 2012, at the intersection of Old Boynton Road and Congress Ave. Plaintiff’s vehicle was stopped at a traffic signal southbound on Congress Ave. in designated left turn lane. City Police Officer was also southbound on Congress Ave. and was stopped for traffic signal in middle thru lane. Officer observed a vehicle travelling thru a red light on Old Boynton Rd. and attempted to pursue by crossing in front of Plaintiff’s vehicle. Plaintiff attempted to make a left hand turn in response to designated arrow and collision occurred between vehicles. Plaintiff suffered injuries to shoulder, neck and chest pains. Current medicals are in excess of $34,000. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of this nature are part of the ongoing responsibilities of the Risk management Department. FI: Settlement of $7,500 will be charged to the Risk Management budget ISCAL MPACT expense line item 522-171-=0-519-49.21, Self-Insured Losses, for third party automobile liability self-insured losses. 245 of 497 A: Failure to approve settlement will result in claim being litigated. Value LTERNATIVES of this case at trial is estimated at $50,000. Defense trial legal costs are estimated at $15,000. 246 of 497 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre Interim City Manager THRU: Carisse Lejeune Interim Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: July 2, 2012 SUBJECT: Blanche Evans v. City of Boynton Beach Date of Loss: June 5, 2012 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 35,000 Expenses: $ 20,000 Demand : Original: $ 100,000 Final: $ 10,000 Offer : Original: $ 2,000 Final: $ 7,500 SETTLEMENT$ 7,500 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $14,000 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 15,000 : $50,000 JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Motor vehicle accident on June 5, 2012, at the intersection of Old Boynton Road and Congress Ave. Plaintiff’s vehicle was stopped at a traffic signal southbound on Congress Ave. in designated left turn lane. City Police Officer was also southbound on Congress Ave. and was stopped for traffic signal in middle thru lane. Officer observed a vehicle travelling thru a red light on Old Boynton Rd. and attempted to pursue by crossing in front of Plaintiff’s vehicle. Plaintiff attempted to make a left hand turn in response to designated arrow and collision occurred between vehicles. Plaintiff suffered injuries to shoulder, neck and chest pains.Current medicals are in excess of $34,000. Cjm/Claimaut/EvansB02.doc 247 of 497 248 of 497 249 of 497 9. A PUBLIC HEARING July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 Master Plan Modification to the Boynton EQUESTED CTION BY ITY OMMISSION Village & Town Center development to re-design the Cortina portion of the site from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family homes, including the relocation and re-sizing of the park land dedication. ER: The property originally approved for the Cortina Site Plan is under XPLANATION OF EQUEST new ownership, who desires to modify the Boynton Village & Town Center Master Plan to reflect the new owner’s business plan and marketing strategy. The proposed modification includes the re-design of the site from 458 townhomes to 34 townhomes, 348 apartments and 80 single- family homes, and the relocation of the park site dedication from the Old Boynton Road frontage to a more central and focal location along Renaissance Commons Boulevard, at the east terminus of the main east/west street through the center of the development. The original park dedication required the previous developer to dedicate 2.195 acres as park at the southern end of the site and the City would then be responsible for the development and maintenance of this new park site. As part of the revised master plan, the applicant proposes to relocate the park site to a more central location, immediately adjacent to the large lake feature, and increase the acreage from 2.195 to 3.0 acres. Additionally, the applicant proposes to develop the site as a passive park and maintain it at his expense, saving the City considerable expense. Staff has reviewed the proposal for the park site and supports its relocation. A formal agreement for its relocation, development and maintenance is being prepared and will be presented to the City Commission for approval. Staff considers the modifications to the approved master plan to be non-substantial and believes the mix of residential unit types will enhance the overall project. Should the master plan modification be approved, the applicant will then submit a site plan for formal review and approval and replat the Cortina portion of the site prior to issuance of any building permits. 250 of 497 th The Planning & Development Board reviewed this request at their June 26meeting and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None associated with this action. A detailed fiscal analysis will be provided ISCAL MPACT during the Site Plan review process. A: Approve request, approve request with conditions, or deny request. LTERNATIVES 251 of 497 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 12-024 STAFF REPORT TO: Chair and Members Planning and Development Board : THRUMichael Rumpf Director of Planning and Zoning : FROMEd Breese Principal Planner DATE:June 6, 2012 PROJECT NAME/NO: Boynton Village & Town Center (MPMD 12-003) REQUEST: Master Plan Modification to the Boynton Village & Town Center development to re-design the Cortina portion of the site from 458 townhomes to 34 townhomes, 348 apartments and 80 single- family homes, including the relocation and re-sizing of the park land dedication. PROJECT DESCRIPTION Applicant: BR Cortina Acquisitions, LLC Agent: Michael Covelli, Covelli Design Associates, Inc. Location: NE corner of Congress Avenue and Old Boynton Road (see “Exhibit A” – Location Map) Existing Land Use: MX-S (Mixed Use Suburban) Existing Zoning: SMU (Suburban Mixed Use) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Re-design of the Cortina portion of the Boynton Village & Town Center master plan from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family homes. Acreage: 106.499 acres total (Cortina PUD – 32.288 acres) Adjacent Uses: 252 of 497 North: Right-of-way for the Boynton Canal (C-16), then farther north is the Renaissance Commons mixed use development, zoned SMU (Suburban Mixed Use); South: Right-of-way for Old Boynton Road, then farther south is a mix of multi- family and single-family residential, zoned R-3 and R1-AA and commercial development (Oakwood Square shopping center), zoned C-3 (Community Commercial); East: Right-of-way for the Lake Worth Drainage District (E-4) Canal, then farther east is single-family residential (Sky Lake), zoned R1-AA (Single- Family Residential); and West: Right-of-way for Congress Avenue, then farther west are developed commercial properties, zoned C-3 (Community Commercial). BACKGROUND BR Cortina Acquisitions, LLC is requesting a Master Plan Modification to the Boynton Village & Town Center Master Plan to re-design the Cortina portion of the site from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family homes, including the relocation and re-sizing of the park land dedication. Property located at the NE corner of Congress Avenue and Old Boynton Road (see “Exhibit A” – Location Map). The property is a former dairy farm that received land use amendment and rezoning approval in 2005. The portion of the property containing the Target and Best Buy stores was zoned C-3, Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use, and approved with a corresponding master plan for development. Staff requested a master plan for the entire site, as the interconnectivity and shared amenities warranted a comprehensive view of the 106 acres. This original master plan depicted 405,328 square feet of commercial space (retail, restaurant, & office) plus 1,120 dwelling units, 458 of which were townhomes proposed in the Cortina portion of the project (see “Exhibit B” – Existing Master Plan). Chapter 2, Article II, Section 2. D. 6., Master Plans, of the City Land Development Regulations states that changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to increase the number of dwelling units within the master plan from 1,120 to 1,124, with the additional four (4) units being added to the Cortina portion of the site. The proposal would also modify the housing types from 458 townhomes to 34 townhomes, 348 apartments and 80 detached single-family homes in an effort to provide a variety of housing options. The proposed increase in dwelling units would represent a density of 13.77 du/ac, well under the maximum of 20 dwelling units per acre allowed under the SMU zoning and below the density cap of 14 du/ac set by Palm Beach County as a condition of approval of the CRALLS (Constrained Roadway At Lower Level of Service) designation for the Congress Avenue and Old Boynton Road intersection. A CRALLS designation is a tool utilized by Palm Beach County under their Traffic Performance Standards (TPS) review of projects, when there is not adequate right-of-way for intersection expansion to accommodate additional turn lanes and/or longer vehicle stacking for those turn lanes. The County required other on and off-site improvements to assist with improved vehicle, bicycle and pedestrian movement facilitation, including the construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, the 253 of 497 continuation of Renaissance Commons Boulevard across the C-16 Canal and connecting with Old Boynton Road, the widening of Gateway Boulevard from Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the E-4 and C-16 canals. All of these improvements have been completed with the exception of the greenway path, which is to be constructed during the development of the Cortina site. The proposed master plan modification also depicts the relocation of the park site dedication from the Old Boynton Road frontage to a more central and focal location along Renaissance Commons Boulevard, at the terminus of the main east/west street through the center of the development. The original park dedication required the previous developer to dedicate 2.195 acres as park, which was combined with the 2.528 acres of required useable open space to total 4.723 acres of undeveloped land at the southern end of the site. The City was then responsible for the development and maintenance of this new park site. As part of the revised master plan, the applicant proposes to relocate the park site to a more central location, immediately adjacent to the large lake feature, and increase the acreage from 2.195 to 3.0 acres, while dispersing the useable open space throughout the site. Additionally, the applicant proposes to develop the site as a passive park and maintain it at his expense, saving the City considerable expense. Staff has reviewed the proposal for the park site and supports its relocation. A formal agreement for its relocation is being prepared and will be presented to the City Commission for approval. The proposed master plan modification depicts three (3)-story townhomes along the north perimeter of the Cortina site, abutting the C-16 Canal. There are a total of 34 townhomes proposed, with five buildings containing six (6) units each and one building containing four (4). A total of 348 apartment units are proposed within ten (10), three (3)-story buildings surrounding the centrally-located lake amenity. Lastly, 80 detached single-family homes are proposed at the south end of the site (see “Exhibit C” – Proposed Master Plan). Additionally, there are no changes proposed to the commercial portion of the master plan, other than to update the plan with those slight modifications that have occurred since original approval, such as minor shifts in square footage allocations between bank, restaurant, office and retail space and driveway re- alignments required by Palm Beach County Engineering. Staff considers the modifications to the approved master plan to be non-substantial and believes the mix of residential unit types will enhance the overall project. Should the master plan modification be approved, the applicant will then submit a site plan for formal review and approval and replat the Cortina portion of the site prior to issuance of any building permits. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non-substantial, and approved subject to the comments included in “Exhibit D” - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\ Master Plan\Staff Report MPMD 12-003.doc 254 of 497 255 of 497 256 of 497 257 of 497 258 of 497 259 of 497 260 of 497 261 of 497 262 of 497 EXHIBIT “D” CONDITIONS OF APPROVAL Project Name: Boynton Village & Town Center File number: MPMD 12-003 nd Reference: 2review plans identified as a Master Plan Modification with a May 24, 2012 Planning and Zoning Department date stamp marking. INCLUDE REJECT DEPARTMENTS ENGINEERING / PUBLIC WORKS / UTILITIES Comments: None, previous comments addressed. X FIRE Comments: None. X POLICE Comments: None. BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval of the Master Plan modification is subject to City Commission approval of a revised Park Conveyance Agreement and X park improvement/maintenance agreement. 2. The recorded Plat will need to be revised to reflect all changes resulting from any approval of the new Master Plan. X 3. As part of the re-plat process, the Limited Access Easement will need to be revised to reflect the new driveway openings on the east side of X Renaissance Commons Boulevard. 4. It is the applicant’s responsibility to ensure that the application request is publicly advertised in accordance with Ordinance 04-007 and X Ordinance 05-004 and an affidavit provided to the City Clerk. 263 of 497 INCLUDE REJECT DEPARTMENTS COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS X Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\Master Plan\MPMD 12-003\COA after P&D.doc 264 of 497 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MPMD 12-003) APPLICANT’S AGENT: Michael Covelli, Covelli Design Associates, Inc. AGENT’S ADDRESS: 2295 NW Corporate Blvd., Suite 213, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2012 TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center development to re-design the Cortina portion of the site from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family homes, including the relocation and re-sizing of the park land dedication. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ 265 of 497 DATED:__________________________ __________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\Master Plans\MPMD 12-003\DO.doc 266 of 497 9. B PUBLIC HEARING July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 conditional use request to allow an EQUESTED CTION BY ITY OMMISSION existing restaurant to also operate as a bar/nightclub establishment on a 0.668-acre parcel in the C-4 General Commercial zoning district. Applicant: Bradley D, Miller, AICP ER: XPLANATION OF EQUEST Mr. Bradley D. Miller, AICP is requesting conditional use approval to allow an existing restaurant to also operate as a proposing a bar / nightclub on a 0.668-acre parcel in the C-4 zoning district. Staff understands the property owner intends to continue operating the business as a restaurant, but desires to have more flexibility with respect to the amount alcohol sales th compared to the sales of food. The subject site is located on the west side of Northeast 4 Street, approximately 625 feet north of East Boynton Beach Boulevard, within Study Area III of the Federal Highway Corridor Community Redevelopment Plan. Conditional use approval will allow the business to operate as they have been since opening this year. The subject request (for conditional use) is not in connection with a site plan modification (major or minor), and as a result, this application was only reviewed based on its conformance with the standards for evaluating conditional uses. The site, like the other older properties within this isolated enclave, does not contain a sidewalk for pedestrians and the parking lot is deficient, because of the lack of hard/finished surface, striping, and curb stops. Normally with older properties, staff looks for opportunities to improve such non-conformities; however, such an improvement is not suggested at this time due to the lack of an existing sidewalk network in the vicinity, the low volume and speed of traffic, site constraints, and anticipated interim nature of, and ultimate redevelopment with adjacent properties. The parking lot does not have to comply with current code since the proposed conditional use request 1) does not represent an intensification of use, because restaurants and 267 of 497 bars have the same minimum number of parking space requirements; and 2) no new buildings or seating areas are being proposed or constructed. The bar/nightclub use would utilize the existing parking area, which staff estimates can accommodate +/- 40 spaces. The two (2) th points of ingress/egress located along Northeast 4 Street allow for typical vehicular circulation as well as for emergency and sanitation vehicles/equipment. Police call data was collected and reviewed for the business. Based on the initial review of the types and number of calls, and simple comparison with call data on other similar bars and restaurant/bars, staff concluded that the calls were significant enough to describe them as a “large volume”, which warranted a condition requiring coordination with the Police Department to address the undesirable activities. However, in response to statements made at the Board hearing by the owner/operator of the subject business, which indicated that such communications have already commenced and that actions have been taken to increase on-site security, staff requested that the call data be reviewed by Police Department personnel to confirm the magnitude of substantiated calls and those directly caused by the subject business. From this review, staff has learned that many of the calls recorded with the property address were not directly caused by the operation of the business or could not be substantiated for various reasons. Based on this deeper review of the call data, staff finds the police activity to be generally similar to the call activity at other comparable outdoor drinking venues. Based on this new information, staff recommends that the proposed condition of approval regarding coordination with the Police Department be modified as follows: Given that the subject business is strictly an outdoor venue, including live entertainment, staff recommends the applicant collaborate with the police department to implement operational practices intended to discourage and/or quickly remedy preventable nuisances. In accordance with the LDR, Chapter 3, Article IV, Section 4, a sound study certified by an acoustical engineer, is required with the submittal of a Conditional Use application for a bar/nightclub establishment. However, various factors justify the reconsideration of the effectiveness and benefit of such a requirement. A Live Entertainment Permit was issued earlier this year for the current restaurant establishment, since they proposed to have musical entertainment outdoors. With their proposed upgrade to a bar/nightclub license, no additional analysis would be required in connection with this application, as no change in the establishment’s provision of musical entertainment would occur as a result of the conversion. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The fiscal impact on the City is negligible, and is limited to an annual ISCAL MPACT business tax receipt. A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES S:\Planning\SHARED\WP\PROJECTS\Cuthill's Backyard - 511 NE 4th St\COUS 12-003\Agenda Cover Sheet 071712 - Public hearing.doc 268 of 497 269 of 497 270 of 497 271 of 497 272 of 497 273 of 497 274 of 497 275 of 497 276 of 497 277 of 497 EXHIBIT “C” CONDITIONS OF APPROVAL Conditional Use Project Name: Cuthill’s Backyard File number: COUS 12-003 Reference: N/A INCLUDE REJECT DEPARTMENTS ENGINEERING DIVISION Comments: None FIRE Comments: None POLICE Comments: 1. Due to the relatively large volume of police calls to the site, staff recommends the applicant collaborate with the police department for X options to address the problems, such as the use of police officers to both discourage and quickly remedy preventable nuisances.. BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: None 278 of 497 PLANNING AND ZONING Comments: 2. Staff recommends that a period of 18 months be allowed for the applicant to successfully obtain an additional Business Tax Receipt for X the bar/nightclub component of the establishment. 3. The sign for this establishment, located off-premises at 417 North X Federal Highway is not allowed and is required to be removed. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Cuthill's Backyard - 511 NE 4th St\COUS 12-003\COA.doc 279 of 497 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cuthill’s Backyard (COUS 12-003) APPLICANT’S AGENT: Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc. APPLICANT’S ADDRESS: 508 East Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2012 TYPE OF RELIEF SOUGHT: Request Conditional Use approval to allow an existing restaurant to also operate as a bar / nightclub establishment in the C-4 General Commercial. LOCATION OF PROPERTY: 511 Northeast 4th Street, Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ 280 of 497 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Cuthill's Backyard - 511 NE 4th St\COUS 12-003\DO.doc 281 of 497 9. C PUBLIC HEARING July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-065 - EQUESTED CTION BY ITY OMMISSION Approve an amendment to the Community Development Block Grant (CDBG) One Year Action Plan FY 2011/2012 to provide funding for property acquisition, and Economic Development ER: Staff is recommending the following amendment to the Fiscal Year XPLANATION OF EQUEST 2011/12 Action Plan with the addition of two activities: ACTIVITIES FROM FY TO FY Property Acquisition 2008/2009 $15,589 2011/12 $70,000 2009/2010 $54,411 Economic Development 2009/2010 $30,000 2011/12 $30,000 Total CDBG Funds Amended $100,000 $100,000 H? The allocation of $70,000 will be used to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES purchase the Andrew Luchey property, which is needed to assist the City of Boynton Beach in the expansion of the Sara Sims Memorial Gardens, and its efforts toward addressing slum and blight within the Heart of Boynton, which is also located within the Community Development Block Grant target area. $30,000 will be used for Economic Development by providing project costs to Project Cast to cover building permit fees for building rehabilitation. Project Cast has been identified as a Qualified Target Industry by the Florida Department of Economic Opportunity. The business owner will be required to provide new low to moderate income jobs for residents of the City of Boynton Beach. FI: Unexpended Community Development Block Grant Funds from prior years will ISCAL MPACT be used. 282 of 497 A: Not to approve this amendment. LTERNATIVES 283 of 497 RESOLUTION R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2011/2012 IN THE TOTAL AMOUNT OF $100,000 TO PROVIDE FUNDING FOR PROPERTY ACQUISITION AND ECONOMIC DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 5, 2011, the City Commission approved the One Year Action Plan for fiscal year 2011/2012; and WHEREAS, staff recommends and the City Commission approves amending the Fiscal Year 2011/2012 Action Plan with the addition of two activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an amendment to the Community Development Block Grant One Year Action Plan Fiscal Year 2011/2012 in the total amount of $100,000 to provide funding for property acquisition ($70,000) and Economic Development ($30,000). Section 3. This Resolution will become effective immediately upon passage. 284 of 497 PASSED AND ADOPTED this ___ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 285 of 497 10. A CITY MANAGER’S REPORT July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM th CMD: July 17, 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 third quarterly status report of the City of EQUESTED CTION BY ITY OMMISSION nd Boynton Beach Economic Development Program Implementation for the 2 quarter 2012. ER: The City Commission acceptance of the Economic XPLANATION OF EQUEST Development 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. H? The City will continue to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES demonstrate its commitment and partnership in the efforts to achieve economic stability and growth for both its resident and business communities. Through continued development of programs, streamlining of 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 continue to focus on those that could be ISCAL MPACT accomplished through policy changes and staff time. A: Not to accept the report. LTERNATIVES 286 of 497 287 of 497 288 of 497 289 of 497 290 of 497 291 of 497 292 of 497 293 of 497 10. B CITY MANAGER’S REPORT July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 quarterly status report of the City of EQUESTED CTION BY ITY OMMISSION stnd Boynton Beach Climate Action Plan Implementation for the 1 and 2 quarter 2012. ER: The City Commission adoption of the Climate Action Plan XPLANATION OF EQUEST (CAP) through Resolution No. R10-150 empowered the City’s Sustainability Team with responsibility for implementation. The CAP serves as the Work Plan for the team. Staff continues to further the implementation strategies and meet on a quarterly basis to update the implementation status and share ideas, information and challenges. As a result of that meeting, every quarter a report will be provided to the City Commission on the status of implementation of the strategies listed in Section 4 of the CAP. (See Exhibit A – Staff Report). H? The City will continue to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES demonstrate its leadership and partnership with other communities in the efforts to achieve a sustainable future for its residents. Through increasing efficiencies in operations, conservation and energy consumption, we hope to help offset some of the social challenges and economic consequences such as rising energy costs associated with operating facilities, conveying water, transportation and health care. FI: Initiatives accomplished so far, and those that are in process, are ISCAL MPACT mainly items that could be accomplished through re-organization, policy changes and staff time. Other projects have been accomplished through grant funding. Some projects are in the CIP energy efficiency line item. A: Not to accept the report. LTERNATIVES 294 of 497 Climate Action Plan Implementation Strategy stnd 1 & 2 Quarter Status Report 2012 July 17, 2012 Department of Energy EECBG (Energy Efficiency & Conservation Block Grant): EECBG Allocation $658,900 Activity 1 comprised of hiring a technical consultant, CDM, to a.) Complete the EECBG grant forms and an Energy Efficiency and Conservation Strategy (EECS) for submittal to DOE; b.) Conduct a Greenhouse Gas Emissions inventory for municipal government facilities as well as the City of Boynton Beach at large; and c.) Develop a comprehensive long-term Climate Action Plan to advance the energy conservation and sustainability goals of both municipal government Activity 1 has been completed at a cost of $195,882.99 of grant and the City at large. funding. Activity 2 comprised the Hester Center facility retrofit consisting of switching out existing T-12 fluorescent fixtures with T-8 inside the Hester Center and 400W metal halide high-bay lights in the gymnasium were replaced with T-5 fluorescents. Motion sensors were installed throughout the Center and appliances inside the Center were replaced with Energy Star appliances. The Activity 2 has outdoor ball-field lighting was retrofitted with energy efficient MUSCO lights. been completed at a cost of $372,042.63 of grant funding . Activity 4 comprised of a citywide occupancy sensor retrofit. A total of 265 occupancy sensors were installed in the City Hall Complex, Public Works Complex, Fire Station #2, Fire Station #3, Activity 4 has been completed at a cost Fire Station #4, Fire Station #5 and the Art Center. of $23,320.00 of grant funding. Activity 5 is comprised of the installation of two (2) solar water heaters and solar array consisting of 30 photovoltaic panels at Fire Station #5. The project also includes net meter monitoring of the renewable energy generated on the City’s website and in the lobby of Fire Activity 5 is complete with a cost of $55,000.00 of grant funding, Station #5. Activity 6 is an Electric Vehicle Charging Station (EVCS) demonstration project which installed fie (5) stations throughout the city with two (2) located at the Boynton Beach City Library parking lot, one (1) at Oceanfront Park Beach parking lot, one (1) at the Amphitheater/Kid’s Kingdom Playground parking lot, and one (1) at Fire Station #5. The total project is $19,400.00 of which $12,654.00 was paid for by the EECBG. The city provided the difference in the project cost of $6,746.00 from account GG0901 - Municipal Building Energy/Environment Initiatives - 302- Activity 6 is complete at a cost of $12,654.00 of grant funding. 4101-531-62.01. It has been a very challenging three (3) years administering the EECBG but the City of Boynton Beach has truly achieved the biggest bang for its buck. With the creation of the Climate Action plan that will continue to guide the city in its sustainability efforts for the next twenty years, to the energy efficiency and GHGE reduction demonstration projects, Boynton Beach continues to be a frontrunner in sustainability. It is with great pride and some relief that we have closed out the nd EECBG in the 2 Quarter of 2012. CAP Implementation Strategies: 295 of 497 Climate Action Plan Implementation Strategies On-going: 20% In Process: 50% Complete: 10% Pending: 20% 4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation 4. Maximize use of the East Lime Softening Plant and minimize use of the West Membrane Treatment Plant: Construction of Section “A” of the raw water main is complete. The design phases for Sections “B” & “C” are nearing completion. Permitting is anticipated by late summer 2012 and bidding in fall 2012. Enhance the City’s water conservation education program and better utilize the City’s 12. In planning stage. New web site will website and social media to communicate the program. offer enhanced water conservation info for public. Anticipated fall 2012. 4.1.3 City’s Vehicle Fleet and Employee Commuting 8. Research and provide recommendations regarding bicycle amenities for City staff as part of On-going. Already installed 2 bike stands facilities planning and capital budget processes. at City Hall and that we are adding bicycle amenities to all future city facility construction and rehabs through the CIP process. 4.1.4 Emissions from Solid Waste 1. Maximize the City’s E-government access and develop a paperwork reduction policy. The ITS staff has created internal city Intranet for information and data sharing among city employees. In planning phase to incorporate social media for citizen issue tracking (new software for 2012/13 budget). All depts. have scanning/data management capabilities with new copy machines. Staff working on Green Office policy for additional paperwork reduction. 4.2 Community Engagement 16. Consider organizing individually or in partnerships with other local governments. Models include the Florida Chamber of Commerce and the growth and climate related events that they hold each year or the Palms West Chamber of Commerce and their Florida Green, Energy & Climate Conference/Expo. This could increase awareness of the CAP’s implementation, increase exposure for vendors of local green products and services and other common areas of interest. PACE program approved at July 3, 2012 Commission meeting. Will begin marketing campaign for commercial property owner participation. Brand Promise Marketing Plan 296 of 497 approved at July 3, 2012 Commission meeting. Identified participation in 3 events per year where the CAP, along with other amenities, will be marketed to the public. 17. Develop a partnership with the Greater Boynton Beach Chamber of Commerce to formulate a “green” certification program or “leadership council” to promote the concepts of cost savings and reductions in GHG emissions from the business community. Examples include Manatee County and the Green Business Leadership Council or Green Business Partners programs in Sarasota County. Develop a training program for local businesses in conjunction with this initiative. As part of PACE program city staff will partner with Chamber of Commerce, CRA, Florida Green Energy Works and other 4 municipalities to promote and endorse green certification program through FGEW. 4.3 Fuel and Energy Use 7. Develop an ESCO energy performance contract (PC) request for proposal (RFP) to avoid Working with City of allocating capital dollars for energy retrofits on buildings and facilities. West Palm Beach Sustainability Coordinator to look at their ESCO contract as template and to discuss best practices and lessons learned for future RFP. 4.4 Transportation 1. The City should establish an integrated network of non-motorized transportation corridors by including and utilizing existing rights of way that connect parks, linear parks, greenways, canals and waterways to increase the non-motorized transportation network. 2. Identify any missing links in the network to ensure all City streets have sidewalks. 3. Improve pedestrian continuity on downtown streets to decrease short trip automobile use and iterative parking, increase transit viability and require less parking. 4. Provide or require bicycle and pedestrian ways for connecting residential areas to recreational areas, schools, shopping areas and employment areas.  Promote bicycling and pedestrian facilities and incorporate the “complete streets” concepts to accommodate the needs of different transportation modes and users into the City’s transportation plans. Accommodate automobiles, transit vehicles and non- motorized forms of transportation.  Ensure a safe and comfortable environment for diverse users.  Aesthetically pleasing. 5. Place special emphasis on streets located in the downtown area and in single family neighborhoods Strategies 1-5 are part of a single non-motorized transportation plan for the City. Recreation and Planning staff will submit a National Park Service Technical Assistance grant titled: Rivers, Trails and Conservation Assistance program application (August 2012) for technical assistance in completing the City’s Greenway, Bikeway & Blueway Plan. No grant match required. 11. Include development approval incentives to encourage prioritized parking and charging stations for alternatively fueled vehicles in redevelopment projects: Commission approved Electric Vehicle Infrastructure ordinance. Five (5) EV Charging stations have been installed throughout the city as demonstration projects. EECBG funded. $6746.00 cost to the city. $12,654.00 came from grant. 297 of 497 298 of 497 299 of 497 300 of 497 301 of 497 302 of 497 303 of 497 304 of 497 305 of 497 306 of 497 307 of 497 308 of 497 309 of 497 310 of 497 311 of 497 312 of 497 313 of 497 314 of 497 315 of 497 316 of 497 317 of 497 318 of 497 319 of 497 320 of 497 321 of 497 322 of 497 323 of 497 324 of 497 325 of 497 326 of 497 327 of 497 328 of 497 329 of 497 330 of 497 11. A UNFINISHED BUSINESS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 regarding Commission expense EQUESTED CTION BY ITY OMMISSION account - per request of Commissioner Bill Orlove. ER: Following inaccurate and incomplete media reports regarding XPLANATION OF EQUEST municipal officials' expense reporting and accounting, a survey of Palm Beach County municipalities was conducted. The information obtained is shown in the attached report. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Unknown at this time. ISCAL MPACT A: No discussion regarding expenses. LTERNATIVES 331 of 497 UPDATED COMMISSION EXPENSE SURVEY May 2012 CITY/Population EXPENSES Atlantis No expense allowance. Reimbursed for actual cost of the Population: 2,005 expense when a receipt is provided. Belle Glade No expenses. Travel reimbursement after Commission Population: 17,467 approval only. Boca Raton Does not provide an expense amount to council. If Population: 84,329 Council incur a specific expense, they can submit for reimbursement, and that provides the record. Boynton Beach $593.10 monthly for Mayor and $548.49 monthly for Population: 68,217 Commission. No Reporting. Briny Breezes $500 annually in the Travel and per diem account for Population: 601 entire Council and Mayor to be reimbursed for any expenses they incur on behalf of Town after they submit receipts to Clerk. Cloud Lake No compensation or expenses. Reimbursement for travel Population: 137 only with receipts and mileage at the IRS rate. Delray Beach Expense Allowance: Mayor $6,500, Commission $6,000 Population: 60,831 No receipts or accounting required. Glen Ridge Per phone call from Clerk - No expense money. They are Population: 297 a volunteer Council. Golf Does not give the Council any expense funds Population: 252 Greenacres Monthly expense allowance of $425.00. No reporting or Population: 37,873 receipts required. Gulf Stream No expense fund for Commissioners. Population: 786 Haverhill Town pays for attendance at conferences and seminars and Population: 1,894 are reimbursed for mileage and costs related to their attendance at local meetings. Highland Beach No expenses. Travel reimbursement for Town Population: 3,539 Commission, Town Manager and their spouses with receipt submittal. Hypoluxo No expenses. Travel reimbursement after authorization by Population: 2,636 Mayor as Town Administrator Juno Beach Reimbursed for expenses incurred going to meetings and Population: 3,181 conference after submittal of receipt with request for reimbursement. Jupiter Not provided with expense money. Follow the travel 332 of 497 Population: 50,606 policy as all other employees for mileage and per diem with documented receipts for reimbursement. Jupiter Inlet Colony No salary or expense allowance. Reimbursement for Population: 400 mileage only. Lake Clarke Shores Does not give the Town Council money for their expenses. Population: 3,469 Lake Park Only travel expenses for conventions, conferences or Population: 8,133 training are reimbursed when receipts and form submitted. Lake Worth $100 per month stipend for using personal communication Population: 34,910 devices. Annual budget for travel and training. Commission pre-approval required. Lantana No written policy. Mayor receives $150 per month Population: 10,423 stipend and Commission receives $100 per month stipend Loxahatchee Groves No salary or expense allowance. Reimbursed Population: 3,100 Manalapan No payment or reimbursement for expenses Population: 406 Mangonia Park $800 per month stipend. No reporting of expenditures. Population: 1,888 $1,000 per year for conferences, seminars, etc. North Palm Beach Council does not receive expenses. Reimbursed for Population: 12,015 approved travel expenses, such as mileage at the IRS rate and per diem for meals. Ocean Ridge No policy regarding expenses for Commissioners. Only Population: 1,700 monies funded was registration fees for a seminar or conference. There is only a total of $1,000 in their Travel and Per Diem budget Pahokee $400 per month travel allowance no receipts required…no Population: 5,649 expense allowance. Palm Beach No reimbursements, compensation or other monetary Population: 9,000 returns. Palm Beach Gardens Per phone call from Clerk Patricia Snider – No expense Population: 48,452 money. Palm Beach Shores Per Deputy Town Clerk – reimbursed after submission of Population: 1,500 receipts Palm Springs $2,400 (Mayor) $1,800 (Council) “expenses” added into Population: 19,028 annual salary. No accounting. Travel reimbursed when form is filled out as other employees. Riviera Beach No expense fund for Council. Travel reimbursement per Population: 32,488 City Code. 333 of 497 Royal Palm Beach No expense allowance Population: 34,140 South Bay $500 per year for expenses. No receipts required. Population: 4,876 South Palm Beach No expense allowance. Travel reimbursement upon Population: 1,171 receipt submittal. Tequesta Does not give the Council an advance for their expenses, Population: 5,800 so there is no policy for record keeping and reporting how the expenditures were spent Wellington Receives reimbursement in accordance with Florida Population: 56,508 Statutes for authorized travel and per diem expenses incurred in the performance of their official duties. West Palm Beach $6,000 annually car allowance and $5,400 annually for Population: 99,880 secretarial expenses S:\CA\COMM\Commission Salary Survey\Expense survey 2012.doc 334 of 497 11. B UNFINISHED BUSINESS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Review proposed Scope of Services to be included EQUESTED CTION BY ITY OMMISSION in Request for Proposals (RFP) for Police Department Management Study. ER: At the June 19, 2012 Commission Meeting the Commission XPLANATION OF EQUEST requested that Staff prepare a Request for Proposal (RFP) for an analysis of the City’s Police Department. Attached is a proposed scope of services that Staff has prepared in response to the Commission’s direction. Staff reviewed other proposals and developed the attachment. Staff seeks the Commission’s input on the draft provided. Once the Commission agrees on the scope of services, it will be inserted into the RFP document and advertised. Following is a proposed calendar of the next steps in the RFP process, assuming minor changes to the scope: Commission Review of Scope of Services July 17, 2012 Advertise July 20, 2012 Open Proposals August 16, 2012 Review of Proposals August 20-30, 2012 Commission Award September 18, 2012 335 of 497 H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: Direct Staff not to issue the RFP LTERNATIVES 336 of 497 337 of 497 338 of 497 339 of 497 340 of 497 341 of 497 342 of 497 343 of 497 11. C UNFINISHED BUSINESS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: A. Follow up discussion and/or action by City EQUESTED CTION BY ITY OMMISSION Commission to confirm or redirect project direction B. Receive project update. ER: The Old High School Redevelopment Project remains at a XPLANATION OF EQUEST conceptual stage. Mr. Peter Flotz of Lansing Melbourne Group will present a project update. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None at this time ISCAL MPACT A: Not receive report. LTERNATIVES 344 of 497 12. A NEW BUSINESS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. R12-066 - EQUESTED CTION BY ITY OMMISSION Approve Interlocal Agreement between the City and the Quantum Park Overlay Dependent District thereby transferring maintenance jurisdiction of certain roadways in Quantum Park to the City of Boynton Beach ER: To properly place this matter in perspective, a number of XPLANATION OF EQUEST exhibits are required. The following exhibits are in an order that best adheres to the historical aspect of this matter. Therefore, technical engineering exhibits that would normally immediately follow the proposed ILA are placed at the end of this agenda item. These technical exhibits simply document many of the provisions of the ILA, yet they are not critical to the historical story that is crucial to understanding this matter. The order of documents for this item is as follows: 1. Proposed Interlocal Agreement 2. September 9, 2009 City Commission Agenda Item (includes March 17, 2009 Agenda Item Recap) 3. September 9, 2009 City Commission minutes related to the agenda item 4. Legal correspondence discussing the Conflict Resolution process 5. ILA Exhibits History 2000-2009 345 of 497 Beginning in early 2001, the City of Boynton Beach entered into a maintenance agreement with the Quantum Park Community Development District that provided for the City funding of landscaping and other miscellaneous items. The initial annual cost to the City for these services was $87,361.55 beginning in 2000 and had increased to an annual cost of $101,000 by mid 2009. March 17, 2009 City Commission Agenda As part of its March 17, 2009 City Commission Meeting, the City Commission considered a recommendation from City staff to terminate the maintenance agreement with the Quantum Community Development District. It was staff’s opinion that the City could provide the prescribed maintenance services at a savings of over $60,000 per year. The maintenance agreement allowed for termination by the City upon six months’ notice, and at the end of any fiscal year. Upon termination of the agreement, the City would be responsible for the maintenance services prescribed in the agreement. The City Commission concurred and voted unanimously to terminate the agreement according to the prescribed termination terms. September 1, 2009 City Commission Agenda Prior to final termination of the agreement, representatives of the Quantum Park Overlay Development District requested that the District and City seek an alternate maintenance agreement. To accommodate this request, the former City Manager suggested that the City would entertain paying street light maintenance expenses on streets located within Quantum Park. This proposal was submitted to the City Commission on September 1, 2009. The cost to the City to fund street lighting would have been around $45,000 per year, yet still below the anticipated expense of the terminated maintenance agreement of $101,000. The proposal also provided that the City would continue to fund the landscape maintenance on Gateway Boulevard pursuant to the terms of the terminated agreement. The former City Manager believed that this would be a good compromise. At its August 20, 2009 meeting, the Quantum Board of Directors met and formally rejected this counteroffer and instead requested that the City assume funding responsibility for all street lights within the District and the City was requested to also consider funding landscape maintenance on Gateway Boulevard. The net effect of these two cost components was to place upon the City a total expense nearly identical in value to the terminated maintenance agreement. This was not acceptable to the City. At is September 1, 2009 meeting, the City Commission unanimously rejected any alternatives involving street light funding. Rather, the City Commission re-affirmed its original position from March 2009 that the City would no longer participate in any maintenance agreement with Quantum and instead the City would perform landscape maintenance along Gateway Boulevard, much as the City already did on other medians in the City. Note that the City had always been responsible for street maintenance and traffic control. April to October, 2010 346 of 497 The Quantum Community Development District hired legal counsel to further pursue this dispute with the City. It was Quantum’s position that upon the termination of the original agreement that “the City shall thereafter be responsible for performing and paying for the Maintenance Services as described herein”. The City agreed that it was responsible to perform those described maintenance activities detail in the original agreement. However, the dispute that ensued was the interpretation of what the intent or meaning was of the prescribed maintenance services. Quantum advised that absent any further progress on a new agreement with the City that it would move towards Conflict Resolution proceedings, a process provided for in Florida Statutes when governmental entities are faced with a dispute. On October 14, 2010, the Quantum Park Overlay Dependent District Board of Supervisors voted to formally seek Conflict Resolution with the City of Boynton Beach. October 2010 to Present Since the onset of Conflict Resolution proceedings, City staff and City legal counsel have met numerous times with staff and counsel from the Quantum Park Overlay Dependent District in an effort to resolve the conflict. Initially, both parties asserted their original positions. The City believed that it lawfully terminated the original 2001 maintenance agreement. Quantum representatives acknowledged the lawful termination but reasserted their belief that the City was not fulfilling maintenance responsibilities as prescribed. In order to seek a resolution to this conflict, City staff suggested that an entirely new concept be explored by both parties. City staff suggested that the City could potentially assume maintenance responsibility for all District maintained roadways as a long range solution. Staff proposed this resolution for a number of basic reasons. First, as a result of the ongoing conflict, local Boynton Beach residents and businesses located within Quantum Park were placed into a position of taking sides, either with the District where they own property, or the City in which they reside. Staff realized that this was not in anyone’s best interest. Secondly, the public in general does not really know, nor care, who owns the streets within Quantum Park. From the public’s perspective they are City streets because the streets are open to all motorists and are not gated as they sometimes are in other Community Development Districts. So, rather than approach the resolution of this conflict from a maintenance and cost perspective, it was agreed that we should seek a resolution based upon good sense and the provision of overall good service to the public. The idea of roadway transfer hence merited further engineering analysis. Roadway Transfer – Engineering Analysis For the past 12 months, much of the technical analysis of possible roadway transfer has been explored. It is not uncommon for units of local government to transfer or “swap” roadway ownership. Reasons for such actions are often political; but most commonly, the transfers just make sense for both parties and ultimately the public. 347 of 497 However, in all transfers of roadway jurisdiction, the receiving entity will impart very specific maintenance improvements required prior to final transfer, in order to minimize maintenance expense in the initial years after the transfer. In this case, the City provided to Quantum a number of specifically defined improvements that the District must make prior to the City considering acceptance of these roads. Briefly, and without going into technical detail, a summary (not all inclusive) of these required improvements is as follows: 1. Remove and repair a number of traffic control signs and devices, 2. Complete pavement maintenance on all roads to include either resurfacing or micro surfacing 3. Repair areas of failed curb, 4. Replace all sidewalk and paths, particularly those that are critical along Gateway Boulevard to support high school students. 5. Provide necessary easements. 6. Remove the railroad crossing hardware on High Ridge Road, 7. Upgrade all irrigation and confirm operability, 8. Perform certain landscape maintenance as required by the City’s horticulturist. The Overlay Dependent District already had in place a very aggressive capital maintenance program and some of the above referenced items were already underway. However, the District has since expanded its program and matters such as sidewalks are also now complete. City Staff is of the opinion that the repairs made by Quantum are reasonable. They have done a good job. Technical Exhibits C and H provide a good visual depiction of the referenced streets. Potential Unresolved Issues Quantum has indicated that the ILA in its current form adequately addresses all issues with the transfer of roads, and is the one the City Commission should consider and approve. However, staff will note that despite productive dialogue with the District and its engineer, some issues remain unresolved. 1. Maintenance a. Railroad Crossing City staff continues to have concerns about the presence of a railroad crossing on High Ridge Road. This crossing is a rail spur that serves the Publix distribution site. This spur has not been used for years and portions are in disrepair. Staff is concerned about the City’s liability to the public and potential added cost to remove these rail amenities in the future. b. Tree Removals The District has refused to perform certain tree removals and/or pruning. There is apparently a difference of opinion between landscape professionals employed by the City and the District. However, the cost to perform the remaining maintenance desired by the City is not exorbitant and should not be a matter that affects final ratification of the proposed ILA. 348 of 497 2. Reimbursement of FPL Street Lighting Expenses Quantum has asked the City to reimburse the District approximately $5,292.75 per month from October 1, 2011 through the date of roadway conveyance. This cost reflects the monthly cost of FPL street lighting to the District. The intent of this request is to capture costs that Quantum believes they are due as the result of delay in processing this request. This item was often debated during negotiations but remains in the ILA for the City Commission’s consideration. In FY 2011/12 Quantum budgeted and taxed its District property owners to fund this FPL expense. One could argue that if the Commission approves this reimbursement, then the District should rebate a portion of the property taxes to the property owners within the District. 3. Taxes and Assessments With respect to taxes, the District has opined from the beginning that cancellation of the maintenance agreement with the City has caused the District to increase its non ad valorem tax assessments to offset the lost revenue from the City. The District has also noted that should the ILA be ratified, that property owners within the District’s boundaries will see a corresponding tax reduction that reflects the fact that the City will be funding roadway maintenance rather than the District. The District provided data showing the anticipated tax reduction to be assessed per acre, but has not yet provided data showing a typical tax deduction for an individual property owner; particularly the owner of a Townhouse in Parkside. Additionally, although Quantum represented an anticipated ad valorem tax reduction to its residents, the anticipated tax reduction is not included in the terms of the ILA. As noted, staff has approached the concept of an ILA with the interests of all Boynton Beach property owners in mind, including those who reside within the boundaries of Quantum Park. Staff believes that it is important that these residents realize a reduction in their non ad valorem taxes in an amount commensurate with the work proposed to be funded by the City. City Commission Options There are essentially three options. 1. Decline the ILA and instead re-affirm the termination of the original maintenance; 2. Enter into the proposed ILA; or 3. Decline the ILA in its current form, and provide specific direction to Staff and Quantum regarding the terms of the ILA. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Should the ILA be approved, because Quantum has been well maintained, most City departments will see little increased maintenance demand in the first ten years after the transfer. Crews will periodically inspect the area to ensure proper signage remains 349 of 497 intact, to ensure pavements and markings are not failing and to inspect drainage systems after rainfall events. The City will also incorporate street sweeping of these streets. The City already sweeps Gateway Boulevard. FI: ISCAL MPACT Included in the City’s FY 2011/12 and proposed FY 2012/13 budget is an additional $60,000 to cover any costs that may be attributed to approval of an ILA with the Quantum Overlay Dependent District. These funds are included in the fiscal options analysis below. Option 1 Decline the ILA and instead re-affirm the 2009 cancellation of the 2001 maintenance agreement. FY 2012/13 City Budget Impact = $60,000 decrease plus $60,000 savings in the current FY 2011/12 budget that will not be spent. Option 2 Enter in to the ILA. In doing so, to some, this may seem a costly endeavor for the City. However, the District has done an outstanding job in maintaining its infrastructure within the rights of way. Staff has considered future maintenance expenses over the next 20 years and believes that the annualized cost of street maintenance and FPL lighting charges would be approximately $115,000, not including certain repairs and street sweeping that will be done with existing staff. However, staff also notes that approval of the ILA will add approximately 10.25 lane miles of streets to the City. Therefore our local options gas tax receipts would increase by about $45,000 annually. FY 2012/13 City Budget Impact = $10,000 increase ($115k - $45k - $60k) Option 3 Decline the ILA in its current form, and provide specific direction to Staff and Quantum regarding the terms of the ILA. A: LTERNATIVES Alternatives noted above. 350 of 497 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE DEDICATION AND MAINTENANCE OF ROADWAYS AND APPURTENANT FACILITIES LOCATED WITHIN THE QUANTUM PARK OVERLAY DEPENDENT DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and Quantum Park Overlay Development District have negotiated an Interlocal Agreement for the Dedication and Maintenance of roadways and Appurtenant Facilities Located Within the Quantum Park Overlay Dependent District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement for the Dedication and Maintenance of roadways and Appurtenant Facilities Located Within the Quantum Park Overlay Dependent District, a copy of which is attached hereto and made a part hereof as Exhibit “A”. Section 3. This Resolution shall take effect immediately upon passage. 351 of 497 PASSED AND ADOPTED this _____ day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 352 of 497 353 of 497 354 of 497 355 of 497 356 of 497 357 of 497 358 of 497 359 of 497 360 of 497 361 of 497 362 of 497 363 of 497 364 of 497 365 of 497 366 of 497 367 of 497 368 of 497 369 of 497 370 of 497 371 of 497 372 of 497 373 of 497 374 of 497 375 of 497 376 of 497 377 of 497 378 of 497 379 of 497 380 of 497 381 of 497 382 of 497 383 of 497 384 of 497 385 of 497 386 of 497 387 of 497 388 of 497 389 of 497 390 of 497 391 of 497 392 of 497 393 of 497 394 of 497 395 of 497 396 of 497 397 of 497 398 of 497 399 of 497 400 of 497 401 of 497 402 of 497 403 of 497 404 of 497 405 of 497 406 of 497 407 of 497 408 of 497 409 of 497 410 of 497 411 of 497 412 of 497 413 of 497 414 of 497 415 of 497 416 of 497 417 of 497 418 of 497 419 of 497 420 of 497 421 of 497 422 of 497 423 of 497 424 of 497 425 of 497 426 of 497 427 of 497 428 of 497 429 of 497 430 of 497 431 of 497 432 of 497 433 of 497 434 of 497 435 of 497 436 of 497 437 of 497 438 of 497 439 of 497 440 of 497 441 of 497 442 of 497 443 of 497 444 of 497 12. B NEW BUSINESS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 the South Central Regional Wastewater EQUESTED CTION BY ITY OMMISSION Treatment and Disposal Board Interlocal Agreement. ER: In April, 2012 the SCRWTD Board discussed changing the XPLANATION OF EQUEST composition of the Board makeup. Currently the Inter local agreement between the City of Boynton Beach and the City of Delray Beach requires that both City Commission’s comprise the Board. Due to frequent difficulties in obtaining quorums the SCRWTD Board agreed to have the issue discussed at the City Commission level by both cities. The SCRWTDB is scheduled to discuss the issue at their July, 2012 Board meeting. The current Interlocal Agreement, along with the six (6) amendments thereto, are attached for your reference. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: n/a LTERNATIVES 445 of 497 446 of 497 447 of 497 448 of 497 449 of 497 450 of 497 451 of 497 452 of 497 453 of 497 454 of 497 455 of 497 456 of 497 457 of 497 458 of 497 459 of 497 460 of 497 461 of 497 462 of 497 463 of 497 464 of 497 465 of 497 466 of 497 467 of 497 468 of 497 469 of 497 470 of 497 471 of 497 472 of 497 473 of 497 474 of 497 475 of 497 476 of 497 477 of 497 478 of 497 479 of 497 480 of 497 481 of 497 482 of 497 483 of 497 484 of 497 485 of 497 486 of 497 487 of 497 13. A LEGAL July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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. 12-013 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Approve amendment to Land Development Regulations intended to extend the trial period for temporary feather banners for 12 months and allow for repeated 90-day display periods ER: On December 6, 2011 the Commission approved Ordinance XPLANATION OF EQUEST 11-030 modifying the City’s sign regulations for a trial period of 6-months. The temporary regulations established a term and definition for a “feather banner” along with th corresponding standards and procedural requirements. On June 5, staff presented to the Commission its findings collected during the 6-month period and a recommendation for a 12-month extension. Staff’s recommendation was based on the lack of negative impacts experienced during the trial period and positive benefit to local businesses. The Commission acted to support the extension and provision that would allow for multiple 90-day display periods for a single business. The proposed ordinance would amend the temporary provisions within the City’s Sign Regulations to extend the trial period for 12 months and to allow for the permitting of repeat display periods of 90 days if there exist capacity on the subject property based on the maximum standard of 1 feather banner for each 300 feet of property frontage. th The 12-month extension should be retroactive to June 6 (date of original expiration). H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Permit revenues totaled $550 for the first 5 months of the trial period. ISCAL MPACT A: Not approve subject amendments to LDRs. LTERNATIVES 488 of 497 ORDINANCE NO. 12-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 4 ARTICLE IV “SIGN STANDARDS” BY AMENDING SEC. 4 “STANDARDS”, SUBSECTION B.10 TO ALLOW FOR REPEAT DISPLAY PERIODS OF 90 DAYS; EXTENDING THE TRIAL PERIOD FOR AN ADDITIONAL TWELVE MONTHS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , on December 6, 2011, the City Commission approved Ordinance 11-030 modifying the City’s sign regulations for a trial period of 6-months to establish a term and definition for a “feather banner” along with corresponding standards and procedural requirements; and WHEREAS, staff presented the City Commission with its findings collected during the 6-month period and a recommendation for a 12-month extension; and WHEREAS , it is the intent of the City Commission to modify the sign code and extend the trial basis for a 12-monthperiod after which time the City Commission will evaluate if the use of temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City. 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. Article IV “Sign Standards”, Sec. 4 “Standards”, subsection B. 10 shall be amended as follows: … d. Location. Feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind 489 of 497 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the property line, except that the setback may be less than ten (10) feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed in or otherwise block parking spaces or drive aisles. Banners may not be placed on sidewalks.Banners shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block parking spaces or drive aisles. Banner placement may not interfere with pedestrian movement. e. Duration. The maximum cumulative display period shall be ninety (90) days per calendar year12-month period, except that feather banner permits may be issued for additional display periods contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of first-time applicants, a permit for an additional 90-day display period may be requested after 7 working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first-time applicant for a feather banner, applications shall be held by the City in queue for the next available display period based on the expiration dates of existing permits. Complete, first- time applications will be processed and held on a first-come, first-served basis. The duration period shall run for consecutive days. … Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall be retroactive and shall be deemed effective as of June 6, 2012 for a period of twelve (12) months and shall automatically be repealed after twelve (12) months. 490 of 497 rd FIRST READING this 3 day of July, 2012. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 491 of 497 14. A FUTURE AGENDA ITEMS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 3, 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 and timing of Charter Amendments EQUESTED CTION BY ITY OMMISSION adoption and public hearings - 8/07/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 492 of 497 14. B FUTURE AGENDA ITEMS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Florida Department of Transportation Easement for EQUESTED CTION BY ITY OMMISSION Noise Wall - 08/07/12. ER:rd Approve easement on City owned land at FPL Park (south of SW 23 XPLANATION OF EQUEST Avenue) to the Florida Department of Transportation for the construction of sound barrier walls. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 493 of 497 14. C FUTURE AGENDA ITEMS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Consider demolition of animal control building for EQUESTED CTION BY ITY OMMISSION public use parking. - 8-7-12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 494 of 497 14. D FUTURE AGENDA ITEMS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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 st RACC: 1 Budget Adoption Public Hearing - Tuesday, EQUESTED CTION BY ITY OMMISSION September 4, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. ER: N/A XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 495 of 497 14. E FUTURE AGENDA ITEMS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: Final Adoption Public Hearing - Fire Assessment EQUESTED CTION BY ITY OMMISSION Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. ER: N/A XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 496 of 497 14. F FUTURE AGENDA ITEMS July 17, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 17, 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: 2nd Budget Adoption Public Hearing - Tuesday, EQUESTED CTION BY ITY OMMISSION September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. ER: N/A XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 497 of 497