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Agenda 11-07-12 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 WEDNESDAY, NOVEMBER 7, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II Vacant 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 314 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman 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. Announce the cancellation of the November 20th, 2012 City Commission meeting B. Announce the cancellation of the January 1st, 2013 City Commission meeting C. Present Citation to Rev. Lance Chaney commemorating his 10th Anniversary with St. John Missionary Baptist Church. D. Announce the annual appointment of advisory board members on December 4, 2012, for the Board Year 2013, to fill the vacancies created by terms expiring in December 2012 E. Hear two presentations for Police Management Study. 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. Consider an update regarding the Financial Advisory Committee member status and preliminary plans for the upcoming year 3 of 314 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments PROPOSED RESOLUTION NO. R12-116 A. - Approve utilizing the State of Florida Contract #DMS-1011-008C with Verizon Wireless for approximately $77,500 for the following: air cards for wireless data services (laptops) for the Police Department. This includes (6) Code Officers and (1) Animal Cruelty Investigator B. Accept the FINAL FY 2011-12 Budget Status Report of the General Fund & Utility Revenue Fund for the twelve (12) month period ended September 30, 2012. PROPOSED RESOLUTION NO. R12-117 C. - Assess the cost of nuisance abatement on properties within the City of Boynton Beach D. Approve piggy-back of the State of Florida Contract # 060-920-11P for "Tire Recapping" to PRIDE, as the primary vendor, as a responsive, responsible bidder who met all specifications. Estimated annual expenditure is $90,000. E. Approve the reclassification of Library Archivist (Grade 12) to Librarian- Archivist (Grade 18) to begin January 1, 2013. F. Approve full release of surety for the project known as Waterbrook Peninsula, LLC and authorize refunding the $57,189.75 cash bond for the water and wastewater utilities to National City Bank. PROPOSED RESOLUTION NO. R12-118 G. - Approve and authorize the Mayor to sign the interlocal agreement between the City and Palm Beach County to formalize participation in the tax exemption program. PROPOSED RESOLUTION NO. R12-119 H. - Approve a Memorandum of Understanding with the Florida Paddling Trails Association (FPTA) to designate the Lake Worth Drainage District (LWDD) E-4 Canal and the Intracoastal Waterway as "FPTA Blueway Community". I. Approve the minutes from the regular City Commission meeting held on October 16, 2012 PROPOSED RESOLUTION NO. R12-120 J. - Amend the Fiscal Year 2011/2012 budget for the Water and Sewer Utility Enterprise Fund for operating expenditures and transfers to other funds in the amount of $5,180,000 to increase the previously appropriated sum of $32,217,173 to $37,397,173. 4 of 314 K. Accept the resignation of Joseph Casello, a regular member of the Golf Course Advisory Committee 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO. 12-018 - FIRST READING A. - Approve abandonment of a portion of a Utility Easement (ABAN 12-001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C-3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R12-121 A. - Approve lease agreement with Stage Left Theatre for use of City owned Madsen Center for live stage community theater. 11. UNFINISHED BUSINESS A. Hear update from City Attorney regarding conveyance document for Old High School property. 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 12-019 - FIRST READING A. – Approve changes to Chapter 26 - Article IV – Sewers of the City’s Code of Ordinances pursuant to Chapter 62-625 of the Florida Administrative Code (FAC) regarding Industrial Pretreatment Regulations and their proper enforcement. PROPOSED ORDINANCE NO. 12-017 - SECOND READING - PUBLIC B. HEARING - Rescinding Ordinance 11-029 to allow adoption of the Palm Beach County Lobbyist registration Ordinance in lieu of City regulation of lobbying activities 5 of 314 14. FUTURE AGENDA ITEMS A. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 B. Volunteer Advisory Board program outline - 12/04/12 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 314 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS th RACC: Announce the cancellation of the November 20, EQUESTED CTION BY ITY OMMISSION 2012 City Commission meeting ER: At the October 16, 2012 City Commission meeting, the XPLANATION OF EQUEST th Commission voted to cancel the November 20, 2012 meeting due to the anticipated lack of a quorum being present due to the Thanksgiving Holiday. H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 7 of 314 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the cancellation of the January 1st, 2013 EQUESTED CTION BY ITY OMMISSION City Commission meeting ER: At the October 2, 2012 City Commission meeting, the XPLANATION OF EQUEST Commission voted to cancel the January 1st, 2013 meeting due to the New Year’s Day holiday H? None OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 8 of 314 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present Citation to Rev. Lance Chaney EQUESTED CTION BY ITY OMMISSION th commemorating his 10 Anniversary with St. John Missionary Baptist Church. ER: This citation is being presented to honor Reverend Lance XPLANATION OF EQUEST th Chaney and recognize his 10 Anniversary serving the St. John Missionary Baptist Church and the City of Boynton Beach. He brought a ministry of extraordinary blessings and phenomenal growth to the church and its parishioners. His ministry has had a positive impact on the City of Boynton Beach community. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 9 of 314 10 of 314 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2013 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: Announce the annual appointment of advisory EQUESTED CTION BY ITY OMMISSION board members on December 4, 2012, for the Board Year 2013, to fill the vacancies created by terms expiring in December 2012 ER: In December each year the terms of some board members XPLANATION OF EQUEST expire and new appointments must be made to fill those vacancies. Those individuals currently serving on the boards with their terms expiring have been sent applications for reappointment, if they desire. Thirteen of the 19 boards will have openings. There will be 60 vacancies to be filled. H? The boards provide a vital role to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES assist the Commission in their decision making and to be aware of the concerns and needs of the citizens of Boynton Beach. Without the appointments being made, the current advisory boards would not have a quorum to meet and the boards would be unable to act. FI: There would be no impact because all the board appointments are ISCAL MPACT volunteer positions. A: Appoint new members or abolish the advisory boards. LTERNATIVES 11 of 314 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear two presentations for Police Management EQUESTED CTION BY ITY OMMISSION Study. ER: On October 30, 2012 ICMA withdrew their proposal from XPLANATION OF EQUEST consideration. Therefore the top two firms (Berkshire Advisors and Matrix Consulting Group)will present their proposals and answer questions from the Commission. They will appear in person. Staff will prepare a list of topics to assist the Commission in their interviews. Copies of the proposals remain on the Commission agenda flash drives. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: TBD LTERNATIVES 12 of 314 5. A ADMINISTRATIVE November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: 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 13 of 314 14 of 314 15 of 314 16 of 314 17 of 314 18 of 314 19 of 314 20 of 314 5. B ADMINISTRATIVE November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider an update regarding the Financial EQUESTED CTION BY ITY OMMISSION Advisory Committee member status and preliminary plans for the upcoming year ER: Since the Financial Advisory Committee’s development of XPLANATION OF EQUEST FY 2012-13 budget recommendations, the Committee faced the resignation of all but two (2) members of the nine (9) members on the Committee. At the July Budget Workshop, the Mayor requested that the Committee Chairman put together a list of requests for the Committee to study for the FY 2013-14 budget year and submit it to the Commission for discussion.  Committee Membership – In the last several months, the Commission has appointed three (3) new regular members to the Financial Advisory Committee. Of the nine member Committee, we now have five (5) of seven (7) regular members and none of the two alternate members.  Committee Study Areas – The Committee’s first meeting of Monday, November 5 has this item and other matters on their Agenda to discuss. An update can be provided at the Commission meeting regarding the Committee’s suggestions for areas to study for FY 2013-14 budget consideration. In the meantime, the following represents a very preliminary list of items considered last year, but not addressed. 21 of 314 Item # Issue 1 City Services Survey 2 Capital Improvement Plan (CIP) Analysis 3 Debt & Debt Service 4 Franchise Solid Waste Services 5 Make/Buy Other City Services 6 Close/Consolidate City Facilities 7 Property/Casualty Insurance Costs 8 On-site Health Clinic 9 Pension Plans – InterCity Comparison of Benefits 10 Analysis of Residential vs. Commercial Tax Base 11 Business License Tax – Competitive Analysis 12 Development Fees – Comparison to Other Cities 13 Revenue Trends & Forecasts 14 Revenue Streams Generated by Other Cities H? To be determined. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: To be determined. ISCAL MPACT A: To be determined. LTERNATIVES 22 of 314 6. A CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-116 - EQUESTED CTION BY ITY OMMISSION Approve utilizing the State of Florida Contract #DMS-1011-008C with Verizon Wireless for approximately $77,500 for the following: air cards for wireless data services (laptops) for the Police Department. This includes (6) Code Officers and (1) Animal Cruelty Investigator ER: Utilize the State of Florida Contract #DMS-1011-008C with XPLANATION OF EQUEST Verizon Wireless for approximately $77,500 for the following: air cards for wireless data services (laptops) for police department. This includes (6) code officers and (1) animal control officer. The State of Florida competitive procurement procedures meets or exceeds the City's procurement guidelines. For our wireless data services, in addition to outstanding customer service, Verizon Wireless provides unique functionality not found with other vendors. The software that we install on each laptop to connect the air cards allows us to mandate that the user connect through our VPN in order to use the Verizon service. Users are not allowed to use the air card/laptop as their primary internet connection. This allows us to track web usage, prohibit sites that are potentially inappropriate or malicious, and decreased instances of viruses and malware. H? No other city services are affected. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The $77,500 will come from FY 2012/13 departmental budget (account ISCAL MPACT 001-2110-521-41-15). A: City issues their own bid for these services. LTERNATIVES 23 of 314 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING THE STATE OF FLORIDA CONTRACT DMS-1011-008C (WITH MODIFICATION OF VENUE FOR DISPUTES BEING PALM BEACH COUNTY) WITH VERIZON WIRELESS FOR THE PURCHASE OF AIR CARDS FOR WIRELESS DATA SERVICES (LAPTOPS) FOR THE POLICE DEPARTMENT IN THE APPROXIMATE AMOUNT OF $77,500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the State of Florida has complied with Public Contract Bid requirements which meet or exceed the City of Boynton Beach’s procurement requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to utilize State of Florida Contract #DMS-1011-008C (with modification of venue for any disputes being Palm Beach County) with Verizon Wireless for the purchase of air cards for wireless data services (laptops) for police department in the approximate amount of $77,500.00. 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 utilizing the State of Florida Contract #DMS-1011-008C (with modification of venue for any disputes being Palm Beach County) with Verizon Wireless for the purchase of air cards for wireless data services (laptops) for police department in the approximate amount of $77,500.00. Section 3. That this Resolution shall become effective immediately. 24 of 314 PASSED AND ADOPTED this ______ day of November, 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) 25 of 314 26 of 314 27 of 314 28 of 314 29 of 314 30 of 314 31 of 314 32 of 314 33 of 314 34 of 314 35 of 314 36 of 314 37 of 314 38 of 314 39 of 314 40 of 314 41 of 314 42 of 314 43 of 314 44 of 314 45 of 314 46 of 314 47 of 314 48 of 314 49 of 314 50 of 314 51 of 314 52 of 314 53 of 314 54 of 314 55 of 314 6. B CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FINAL FY 2011-12 Budget Status EQUESTED CTION BY ITY OMMISSION Report of the General Fund & Utility Revenue Fund for the twelve (12) month period ended September 30, 2012. ER: This report summarizes the estimated funding sources and XPLANATION OF EQUEST the adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund for the twelve (12) month period ended September 30, 2012 (100% of the fiscal year). The analysis compares -  Actual results (before final closing and audit) for the year to the budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and the ISCAL MPACT Utility Revenue Fund follow. GENERAL FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 65,142$ 66,275102%$ 68,551$ 70,485 103%-5%-6% Expenditures$ (65,142)$ (63,941)98%$ (68,551)$ (68,006)99%-5%-6% Excess (Deficit)$ -$ 2,334$ -$ 2,479 Overall, actual results are favorable for the year similar to last year. Details and comments are noted below for budgeted vs. actual revenues and expenditures. 56 of 314 Budgeted vs. Actual Funding Sources (Revenues & Transfers In) (Exhibit A) – Funding Sources: Property Taxes and All 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 2011-12. 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 budget. Actual amounts realized for these three (3) major funding sources follow. Budget EstimateActual Realized Funding Sources $ Budgeted% of Total$ Realized% Realized Property Taxes (Net of CRA TIF)$ 22,537,00034.6%$ 22,600,580100.3% All Other Revenues$ 20,317,47531.2%$ 21,315,696104.9% Transfers From Other Funds$ 22,317,80034.2%$ 22,358,653100.2% Totals $ 65,172,275100.0%$ 66,274,929101.7% Property Taxes, Net of CRA TIF: $22.6 M realized (100.3% of the current budget estimate) has been received to date versus $21.9 M (99% of the budget estimate for the prior fiscal year). All Other Revenues: $21.3 M realized (approximated $1 million or 104.9% of the current budget estimate in total. The four major revenue sources other than property taxes are: 1. Franchise Fee revenues were $4.3 M collected in FY 2012 compared to $4.5 M budgeted and collected in FY 2011. The $4.3 M collected includes a Florida Power & Light September estimate of $400 K. 2. Business Taxes & Building Permits Business taxes and building permits in total exceeded our total estimated revenues. a. Business taxes collected of $1.3 M is less than our budget of $1.4 M. b. Building permits of $1.9 million exceeded our annual estimate of $1.1 million and have exceeded the $1.3 million in FY 2011. 3. State Shared Revenues of $6.5 M or 101% collected of the budget estimate in FY 2012 which is also ahead of FY 2011 in dollars collected of $6.3 million. 4. Public Safety revenues realized this year are $4.0 M and 101% of this year’s budget estimate, but slightly less than the $4.1 M in FY 2011. 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. 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. Budgeted vs. Actual Expenditures (Exhibit B) 57 of 314 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, and Parks Maintenance. Actual Expenditures – Expenditures to date of $63.9 M are under (98%) of the total $65.1 M expenditure appropriation. This produced a budget savings of $1.2 M for the fiscal year to date and $4.1 M under last fiscal year spending levels of $68.0 M for this same period. The budget savings would have been greater, but Police exceeded its $22.7 M budget by nearly $700 K (103% of its budget level) much of which is court-related required overtime. UTILITY REVENUE FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Actual to DateActual to Date Annual Annual BudgetActual BudgetBudget %% Amount%Amount% Revenues$ 39,077$ 38,42098%$ 36,309$ 38,573106%8%0% Revenue Fund Increase$ (6,860)$ (6,289)92%$ (4,342)$ (4,342)100%58%45% Net Revenues$ 32,217$ 32,131100%$ 31,967$ 34,231107%1%-6% Expenditures$ (32,217)$ (32,074)100%$ (31,967)$ (42,285)132%1%-24% Operational Variance$ -$ 57$ -$ (8,054) 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 $57 K versus last year’s amount of shortfall of $8,054 K. Revenues (Exhibit C) – Actual revenues to date of $38.4 M and the planned fund balance increase of $6.3 M vary slightly in FY 2012 compared to the $38.5 M to date in FY 2011, because of two factors: 1. Water Sales - $17.6 M equivalent to 96% of the annual estimate, compared to $17.8 M (106%) at this point in FY 2011. 2. Sewer Service - $16.3 M equivalent to 99% of the annual estimate, compared to $16.0 M (104%) at this point in FY 2011. 58 of 314 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 $32.0 M or 100% of the annual appropriation compared to similar expenditures for the prior fiscal year. Most departments were at or near their budget appropriations with the exception of Sewage Treatment which exceeded its budget by $789 K resulting from operations of the Sewage Board. A year-end budget appropriation is being recommended for this overage. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 59 of 314 60 of 314 61 of 314 62 of 314 63 of 314 6. C CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12 -117 - EQUESTED CTION BY ITY OMMISSION Assess the cost of nuisance abatement on properties within the City of Boynton Beach In accordance with the Municipal Lien Procedure on file in ER: XPLANATION OF EQUEST the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. 64 of 314 Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This process allows us to place liens on the properties in order to FI: ISCAL MPACT reimburse the City for the services that were provided when the nuisances were abated. The alternative would be to not place liens on the properties and not A: LTERNATIVES collect for the service provided. 65 of 314 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit “A”; and WHEREAS , the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS , all of the property owners listed in the attached Exhibit “A” were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS , the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and Now, therefore, be it resolved by the city commission of the city of boynton beach, Florida as follows: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT “A” Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2012, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In 66 of 314 the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 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} 67 of 314 68 of 314 6. D CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve piggy-back of the State of Florida Contract EQUESTED CTION BY ITY OMMISSION # 060-920-11P for "Tire Recapping" to PRIDE, as the primary vendor, as a responsive, responsible bidder who met all specifications. Estimated annual expenditure is $90,000. CP: N16,2012–F22,2015 ONTRACT ERIODOVEMBER EBRUARY ER: The State of Florida has a contract, 060-920-11P for Recap Tires. XPLANATION OF EQUEST The City will piggy-back this contract to purchase our recap tires. We will only be purchasing the 11R22.5 size recap tire # 6611R225-D_00177 for $179.14 that has a tread depth of 24/32. We currently have a bid # 075-1412-11/MFD for purchasing recap tires that expires November 15, 2012. This contract is specific to the type of tire and rubber being used. As well as the type of work performed on the rims which are cosmetic only. The City is now accepting different brands of tires that are approved by the Fleet Manager and will not require the extra work on the rims which added to the cost of the tire. We will honor the current bid until it expires on November 15, 2012. Last year’s expenditures were $73,000. The previous year’s expenditures were $192,455. The difference is due to a thicker tread being purchased last year. This year’s expenditures will be an estimated $90,000. PI The purpose of this contract is to secure a source of supply for the purchase : ROGRAM MPACT of 11R22.5 Recap/Retread Tires. These tire supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $90,000 A: Obtain quotes on an “as needed” basis which is not cost effective. LTERNATIVES 69 of 314 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Deputy Director of Financial Services FROM:Michael Dauta, Warehouse Manager DATE: October 8, 2012 SUBJECT: State PRIDE Recap Tire Contract # 060-920-11P It is my recommendation to piggy back the State’s Contract # 060-920-11P for Recap Tires with PRIDE ENTERPRISES. The contract expires 2/22/2015. We will be purchasing the 11R22.5 recap tire # 6611R225-D_00177 for $179.14 that has a tread depth of 24/32. Last year’s expenditures were $73,000. The previous year’s expenditures were $192,455.00. The difference is due to a thicker tread being purchased last year. This year’s expenditures will be an estimated $90,000. CC: Barry Atwood, Director of Finance 70 of 314 71 of 314 72 of 314 73 of 314 74 of 314 6. E CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the reclassification of Library Archivist EQUESTED CTION BY ITY OMMISSION (Grade 12) to Librarian-Archivist (Grade 18) to begin January 1, 2013. ER: There is a need to upgrade this classification to a XPLANATION OF EQUEST professional Librarian position so that we can attract candidates that have the expertise needed in the areas of preservation, archival storage and cataloging. They must holda Master's Degree in Library Science with coursework in preservation and archival studies from an accredited program. This degree is a standard requirement in public and academic libraries across the United States for this area of expertise. H? Local History & Archival services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will improve. A professionally educated Librarian who has been properly trained to follow national preservation, archival and cataloging standards will ensure that Boynton Beach’s historical treasures are properly protected and cared for as well as provide tools for increased accessibility. FI: FY12-13 is budget neutral. Friends of the Boynton Beach City Library ISCAL MPACT have agreed to fund the reclassification from 1/1/13 through 9/30/13 at a cost of $5,919. FY13-14 budget impact equals $7,982. This will be absorbed into the Library’s budget request for FY13-14. A: Do not upgrade the position leaving the management of the Library’s LTERNATIVES Local History & Archives Division to an under-qualified paraprofessional. 75 of 314 76 of 314 77 of 314 78 of 314 79 of 314 80 of 314 6. F CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve full release of surety for the project known EQUESTED CTION BY ITY OMMISSION as Waterbrook Peninsula, LLC and authorize refunding the $57,189.75 cash bond for the water and wastewater utilities to National City Bank. ER: This project involved the construction of new water and XPLANATION OF EQUEST sewer utilities to serve the Waterbrook Peninsula project. All lines have been installed and have performed adequately. New utilities easements have been dedicated and recorded. It should be noted that on November 2, 2009, the City Engineer demanded payment in the full amount of the letter of credit of $57,189.75 from National City Bank. At that time, the developer had not satisfactorily completed the water and wastewater systems, and the purpose of obtaining the full amount of the letter of credit was for the City to complete the required improvements. National City Bank complied and paid the full amount to the City by wire transfer. However, after the wire transfer was received, the developer completed the remaining water and wastewater utilities satisfactorily. There were no expenses to the City, and the City did not hire any contractors to complete the work. The cash bond in the amount of $57,189.75 should be returned to: National City Bank 23000 Millcreek Blvd. Locator 01-7537 Cleveland, OH 44122 81 of 314 H? None. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: None. LTERNATIVES 82 of 314 83 of 314 84 of 314 85 of 314 6. G CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-118 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the Mayor to sign the interlocal agreement between the City and Palm Beach County to formalize participation in the tax exemption program. ER: Chapter 4, Article IX, Sections 6.D.1 and 6.D.2 of the Land XPLANATION OF EQUEST Development Regulations make provision for granting tax exemptions to property owners for the appropriate restoration, renovation or rehabilitation of qualifying historic properties. On completion of an approved rehabilitation, qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value for up to a ten (10) year period. The exemption is conveyed through a covenant that accompanies the deed of the property which may be transferred to future owners during the abatement period. The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through the local Tax Abatement Exemption ordinance (Ordinance 11-006) and an interlocal agreement with the County. The agreement formalizes the requirements of both parties for participation in the program. To participate in the program, the Palm Beach County Historic Tax Exemption Ordinance requires the City to be designated as a Certified Local Government (CLG). The City received CLG certification from the United States Department of the Interior on October 9, 2012. 86 of 314 The tax exemption program provides a significant financial incentive to encourage property owners to invest in and retain their historic property through appropriate maintenance and rehabilitation. Similar programs exist successfully throughout the United States in municipalities with established historic preservation programs. The signed agreement will be forwarded to the Palm Beach County Planning and Zoning Department and subsequently added to a County Commission agenda for review and execution. H? Supporting the appropriate OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES rehabilitation of historic properties highlights the City’s commitment to the historic preservation program, conforms to the requirements of the CLG certification agreement, contributes to economic redevelopment and neighborhood improvement, and complies with the City’s sustainability initiatives. FI: The tax exemption program will result in no decrease to the existing tax ISCAL MPACT base. For historically designated properties that are substantially rehabilitated, the increase in taxes attributed to only the pre-approved appropriate rehabilitation works will be deferred for up to 10 years. As the City currently has only three historically designated sites, any future fiscal impact will be dependant on the number of future designations and the nature of any rehabilitation works undertaken to historic sites. A: Do not approve the subject request and do not initiate the tax LTERNATIVES exemption program. 87 of 314 RESOLUTION R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR IMPLEMENTATION OF PALM BEACH COUNTY’S HISTORIC TAX EXEMPTION ORDINANCE; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Land Development Regulations makes provision for granting tax exemptions to property owners for the appropriate restoration, renovation or rehabilitation of qualifying historic properties; and WHEREAS , the ad valorem tax exemption program was established by Palm Beach County in 1995 and may be implemented in the City through the local Tax Abatement Exemption Ordinance and an Interlocal Agreement with the County which formalizes the requirements of both parties for participation in the program; and WHEREAS, to participate in the program, the Palm Beach County Tax Exemption Ordinance requires the City to be designated as a Certified Local Government which designation the City received from the United States Department of Interior on October 9, 2012; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve an Interlocal Agreement with Palm Beach County to Formalize the City’s participation in the tax exemption program. 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 does hereby approve the Interlocal Agreement with 88 of 314 Palm Beach County to formalize the City’s participation in the tax exemption program, a copy of the Interlocal Agreement is attached hereto as Exhibit “A”. Section 3. The Mayor is authorized to execute the Interlocal Agreement. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 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) 89 of 314 INTERLOCAL AGREEMENT FOR IMPLEMENTATION OF PALM BEACH COUNTY HISTORIC TAX EXEMPTION ORDINANCE IN THE CITY OF BOYNTON BEACH, FLORIDA UTILIZING THE CITY OF BOYNTON BEACH HISTORIC RESOURCES PRESERVATION BOARD, ENTERED INTO BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AND THE CITY COMMISSION OF BOYNTON BEACH This Interlocal Agreement is made this ______ day of __________, 20___, between the City of Boynton Beach, Florida, hereinafter referred to as “City” and Palm Beach County, Florida, a political subdivision of the State of Florida, hereinafter referred to as “County.” The City and County are jointly referred to as “parties.” WHEREAS , the citizens of Florida have amended the Florida Constitution to authorize counties and municipalities to allow certain tax exemptions for historic properties, Florida Constitution Article VII, Section 3(E), Fla. Const.; and WHEREAS , the Florida Legislature has enacted Section 196.1997 and 196.1998, Florida Statutes, to govern the allowance of such exemptions; and WHEREAS , the Board of County Commissioners has determined it is in the public interest to provide tax exemptions to encourage and promote rehabilitation and renovation of historic properties and has adopted Ordinance No. 95-41 to implement the above referenced statute which is codified in Chapter 13.5, Article II of the Palm Beach County Code; and WHEREAS , the City Commission of the City has determined that it is in the public interest to provide tax exemptions to encourage and promote rehabilitation and renovation of historic properties and has adopted Ordinance No. 11-006 to implement the above referenced statute; and WHEREAS , Section 196.1997 (6), Florida Statutes requires a local government to designate the local historic preservation office or the Division of Historical Resources of the Department of State to review applications for exemptions; and WHEREAS , the Palm Beach County Historic Tax Exemption Ordinance provides that the County may enter into an interlocal agreement with a municipality to provide that a municipal Certified Local Government (CLG) may perform the review functions necessary for county historic tax exemption within the municipality; and WHEREAS , City of Boynton Beach Ordinance No. 11-006 designates the City of Boynton Beach Historic Resources Preservation Board (hereinafter the “Historic Resources 90 of 314 Preservation Board”) to recommend to the City Commission approval or denial of applications for historic tax exemptions; and WHEREAS , the City Commission is a CLG approved by the Division of Historical Resources of the Department of State; and WHEREAS , the parties have determined that it is appropriate for the City Commission to perform CLG functions necessary for county historic tax exemption within the City; and WHEREAS , the parties have the lawful right and authority to enter into this Agreement. NOW, THEREFORE , in consideration of the mutual obligations and undertakings, the parties do hereby covenant and decree as follows: 1.The foregoing recitals are true and correct, were relied on when the parties entered into this Agreement and are a part of and incorporated into this Agreement. 2.The City Commission shall perform CLG functions necessary for county historic tax exemption within the City. 3.The review performed by the Historic Resources Preservation Board shall be conducted in accordance with the rules adopted by the Department of State. 4.Prior to consideration of an application for historic tax exemption by the County, the City shall forward to the County the following: (1) the application for tax exemption filed with the City, (2) the recommendation of the Historic Resources Preservation Board, (3) the final action of the City, and (4) the covenant or agreement the property owner has entered into with the City. 5.In addition to the materials submitted by the City, the property owner shall: (1) pay an application fee to the County, (2) submit any additional information requested by County staff or the Board of County Commissioners, and (3) enter into a covenant or agreement with the County as required by Section 196.1997, Florida Statutes. 6.The City acknowledges that it shall receive no monetary compensation from the County for the services it provides pursuant to this Agreement. 7.The County retains all discretion provided by law to approve or deny an application for historic tax exemption. 8.The County shall notify the City of actions taken on applications for historic tax exemption submitted to the County by the City. 9.The City shall notify the County of any actions it takes about violations of historic covenants or agreements regarding property that has been granted county historic tax exemption in the City. 91 of 314 10.This Agreement may be terminated by the City or by the County following adoption of a resolution for that purpose. 11.This Agreement shall terminate immediately in the event the City Commission loses its status as a CLG approved by the Division of Historical Resources of the Department of State. 12.The following persons shall have primary responsibility for implementation of and monitoring of this Interlocal Agreement: City of Boynton Beach, Florida Director, Planning & Zoning Division 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 Palm Beach County Executive Director Planning, Zoning & Building Department 2300 North Jog Road West Palm Beach, Florida 33411 (561) 233-5000 13.The provisions of this Agreement shall become effective upon the execution of this Agreement by both parties. 14.This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. All of which together shall constitute one and the same instrument. 15.One copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, and one copy shall be filed with the City Clerk of the City of Boynton Beach, Florida. WHEREFORE , the parties hereto have set their hands and seals on the date set forth next to their signatures. ATTEST: CITY OF BOYNTON BEACH, FLORIDA 92 of 314 _________________________ By: _________________________ City Clerk MAYOR Approved as to Form and Legal Sufficiency: _________________________ City Attorney ATTEST: PALM BEACH COUNTY, FLORIDA SHARON R. BOCK, Clerk BY ITS BOARD OF COUNTY COMMISSIONERS By: ______________________ By: __________________________ Deputy Clerk Chair Approved as to Form and Legal Sufficiency By: ______________________ 93 of 314 94 of 314 6. H CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-119 - EQUESTED CTION BY ITY OMMISSION Approve a Memorandum of Understanding with the Florida Paddling Trails Association (FPTA) to designate the Lake Worth Drainage District (LWDD) E-4 Canal and the Intracoastal Waterway as "FPTA Blueway Community". ER: The Florida Paddling Trails Association (FPTA) was formed XPLANATION OF EQUEST in October 2007 under the guidance of the Department of Environmental Protection, Office of Greenways & Trails, to be the steward for all Florida's water trails, including the 1,515-mile Circumnavigational Saltwater Paddling Trail. The FPTA is a non-profit 501(c)3 organization, comprised of a community of paddlers, clubs, outfitters, and other water trail supporters, which has a common purpose of "connecting paddlers to water trails.” The major missions of the FPTA are: 1) develop water trails; 2) protect the environment along the trails; and 3) to be a resource and voice for paddlers. When the City is recognized as a participating member of the FPTA Blueway Community Program, the organization will help market/promote the E-4 Canal as well as the Intracoastal Waterway (as part of a Circumnavigational Saltwater Paddling Trail) to outdoor recreational enthusiasts. Staff anticipates that entering into a memorandum of understanding with the FPTA (see accompanying MOU) would boost the City’s economic development initiatives by encouraging ecotourism. A representative from FPTA will be the City’s key point-of-contact, assisting in this joint effort to provide information to the public about the Florida Paddling Trails and scheduling guided paddling trips. The FPTA and City will advertise the City’s outdoor recreational opportunities, such as hiking, birding, boating, beaches, and fishing areas, and promoting our local lodging, restaurants, and other places of special interest, such as 95 of 314 historic homes, museums, shopping opportunities, and local attractions. The FPTA estimates that their website receives approximately 3,500 to 4,000 monthly visitors who are searching for paddling destinations. Lastly, by becoming a member, the City may be better positioned in the future to secure grants for efforts related to nature-based tourism development, economic development, and trail related infrastructure development. Other Florida communities that have recently become members of the FPTA and agreed to designate waterways within their jurisdictions include the following: City of Lake Worth; City of Ft Meade; Hardee County; Desoto County; City of Bowling Green; City of Wauchula; Town of Zolfo Springs; Town of Yankeetown; Marion County; Town of Branford; City of Plataka; Putnam County; and Town of Suwanee. No financial data has yet been collected from these jurisdictions because this program is relatively new. H? Help raise awareness of the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES water-based recreational opportunities. FI: No cost associated with participating in the Blueway Community ISCAL MPACT Program, except for the nominal costs associated with the necessary promotions and marketing of the local resources in the form of brochures, maps, special events, and posting of identification and way finding signage supplied by the FPTA. A: Not enter into an agreement with the FPTA. LTERNATIVES S:\Planning\SHARED\WP\SPECPROJ\Blueway Greenway\Agenda Cover Sheet - 110712.doc 96 of 314 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN FLORIDA PADDLING TRAILS ASSOCIATION (FPTA) AND THE CITY OF BOYNTON BEACH TO DESIGNATE THE LAKE WORTH DRAINAGE DISTRICT (LWDD) E-4 CANAL AND THE INTRACOASTAL WATERWAY AS “FPTA BLUEWAY COMMUNITY”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,the Florida Paddling Trails Association was formed in October, 2007 to be the steward for all Florida’s water trails, including the 1,515-mile Circumnavigational Saltwater Paddling Trail; and WHEREAS , the major missions of the FPTA are to develop water trails; protect the environment along the trails; and to be a resource and voice for paddlers; and WHEREAS , once the City is recognized as a participating member of the FPTA Blueway Community Program, the organization will help market/promote the E-4 Canal as well as the Intracoastal Waterway to outdoor recreational enthusiasts; and WHEREAS , the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve a Memorandum of Understanding with the Florida Paddling Trails Association (FPTA) to designate the Lake Worth Drainage District (LWDD) E-4 Canal and the Intracoastal Waterway as “FPTA Blueway Community.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 97 of 314 authorize and direct the Mayor and City Clerk to execute the Memorandum of Understanding with the Florida Paddling Trails Association (FPTA) to designate the Lake Worth Drainage District (LWDD) E-4 Canal and the Intracoastal Waterway as “FPTA Blueway Community.”, a copy of which is attached hereto as Exhibit "A". Section 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of November, 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 314 Memorandum of Understanding Between Florida Paddling Trails Association and City of Boynton Beach This Memorandum of Understanding (MOU) is entered into by and between Florida Paddling Trails Association, a 501(c)(3) non-profit Florida organization, located at PO BOX 540444 Lake Worth, FL 33454, hereinafter referred to as FPTA, and , Florida, the City of Boynton Beach hereinafter referred to as Blueway Community. Purpose: The purpose of this MOU is to promote natural Florida as a destination for visitors to the state who increasingly ask for outdoor experiences and places to paddle. Statement of Mutual Interests and Benefits: FPTA is dedicated to developing, promoting, and protecting blueways and paddling trails throughout the state of Florida, providing a variety of outdoor experiences throughout Florida to connect visitors to the wonders of nature. The Blueway Community has several paddling trails/Blueways and offers basic tourism amenities and can be marketed as a nature-based tourism destination, resulting in local economic stimulus and increased public awareness of natural Florida. This MOU is established between FPTA and the Blueway Community to help each other accomplish mutually beneficial objectives: A. Educate local businesses of the value of the Blueway as an economic resource. B. Enable both parties to apply for targeted grants to assist in the community’s efforts towards nature-based tourism development, economic development, and trail-related infrastructure development through the development of promotional products, educational resources or signature events. C. Increased usage and awareness of the Blueway attracting more eco-tourists to local communities. D. Promote responsible tourism development within the community and support of the Blueway. In consideration of the above premises, the parties agree as follows: FPTA shall: 1. Promote the Blueway Community as a destination through its website and other media. 2. Offer outreach materials to the community such as brochures, newsletters, posters, displays, etc. 3. Provide detailed information on paddling opportunities near the community that can be reproduced and distributed to visitors to Blueway Community. 4. Provide periodic guided paddles that depart from or end at the Blueway Community. 5. Provide support at local festivals or other community events to encourage interest in the Blueway, when possible. 6. Provide two 36” x 36” metal signs with the Florida Paddling Trail Blueway Community logo for posting at the entrances to Blueway Community. The FPTA solicits local sponsorship to defray the cost of signage and Blueway promotional materials. Blueway Community shall: 1. Include the Blueway and the FPTA in their promotional materials. 99 of 314 2. Make Blueway information available to the public at the local visitor centers and/or Chamber of Commerce and provide space for a FPTA display or wall mounted poster. 3. Work with the local FPTA contact to promote periodic guided paddles or events 4. Assist in promoting special events that promote the Blueways. 5. Attract businesses that support nature-based tourism such as outfitters, hotels, and shuttling services and assure that FPTA maps and guides will be available from a business in town for visitors to purchase. 6. Encourage local businesses to provide discounts on accommodations or special weekend packages for visitors who show their FPTA membership card. 7. Install the two Florida Paddling Trails Blueway Community signs at the entrances of the community as soon as possible after the issuance of the Proclamation. We, the undersigned, have agreed on the contents of this MOU. Any changes must be agreed to by both parties. Blueway Community—() City of Boynton Beach Signed_________________________________ ____________________ Title Date Florida Paddling Trails Association Signed__________________________________ ____________________ Title Date 100 of 314 6. I CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on October 16, 2012 The City Commission met on October 16, 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 101 of 314 102 of 314 103 of 314 104 of 314 105 of 314 106 of 314 107 of 314 108 of 314 109 of 314 110 of 314 111 of 314 112 of 314 113 of 314 114 of 314 6. J CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12 -120 - EQUESTED CTION BY ITY OMMISSION Amend the Fiscal Year 2011/2012 budget for the Water and Sewer Utility Enterprise Fund for operating expenditures and transfers to other funds in the amount of $5,180,000 to increase the previously appropriated sum of $32,217,173 to $37,397,173. ER: As provided for in F.S. 166.241(4), the governing body of XPLANATION OF EQUEST each municipality at any time within a fiscal year or within 60 days following the end of the fiscal year may amend a budget for that year (copy attached). The Utilities Department requires a budget amendment for its Operating Fund 401 to appropriate additional funds of $5,180,000 for the Fiscal Year 2011/2012 budget for the following items. 1. The Utility Operating Fund 401 was scheduled to transfer $4,400,000 to the Utility Renewal and Replacement Fund 403 for capital project funding that was identified in the User Rate Study Update, dated October 5, 2011. However, the Utility Operating Fund 401 budget of $32,217,173 for FY 2011/2012 was adopted without the required transfer to the Utility Renewal and Replacement Fund 403. The Utility Renewal and Replacement Fund 403 did identify the need for the appropriate transfer from the Utility Operating Fund 401. Therefore, the Utility Operating Fund 401 budget needs to be amended to reflect a $4,400,000 added appropriation (transfer) to the Utility Renewal and Replacement Fund 403. 2. The Utility experienced a number of issues during the FY 2011/2012 budget year. An increase in rainfall levels for most of the year and the occurrence of 115 of 314 Tropical Storm Isaac and the continuing rain storms have caused problems for the Utility infrastructure. An area that was largely impacted is our cost share with the South Central Regional Wastewater Facility. Wastewater delivery to the Regional Plant (SCRWTDB) reached unprecedented levels during August 2012 as customers opened manholes to relieve possible flooding; which, causes inflow into our sanitary sewer system. This water travels directly to the regional plant for wastewater treatment resulting in increase costs paid to the SCRWTDB during the fiscal year of approximately $485,000. Another factor is net income over expenses. Each year the SCRWTDB refunds net income back to the City, as a result of holding the rate down the net income was lower in FY11-12 by approximately $295,000. This refund is directly applied to the current year expense account. This was noted as a possibility at the FY 2011/2012 budget planning session. As a result of these issues this budget account needs to be amended to increase the appropriation by $780,000. H? Programs and services are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES continuing as a requirement to operate the Utility. FI: The amendment to the Fiscal Year 2011/2012 budget for the Water and ISCAL MPACT Sewer Utility Enterprise Fund for operating expenditures and transfers to other funds in the amount of $5,180,000 will increase the previously appropriated sum of $32,217,173 to $37,397,173. The $5,180,000 to record the additional appropriation is available from positive net revenue projections of $6,966,822 for the Fiscal Year 2011/2012 A: None. LTERNATIVES 116 of 314 RESOLUTION R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012 FOR THE WATER AND SEWER UTILITY ENTERPRISE FUND FOR OPERATING EXPENDITURES AND TRANSFERS TO OTHER FUNDS IN THE AMOUNT OF $5,180,000 TO INCREASE THE PREVIOUSLY APPROPRIATED SUM OF $32,217,173 TO $37,397,173; ACKNOWLEDGING THE DISCLOSURE OF ADJUSTMENTS WITHIN THE UTILITIES OPERATING BUDGET AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 20, 2011, for the 2011/12 fiscal year; and WHEREAS , the Utilities Department requires a budget amendment for its Operating Fund 401 to appropriate additional funds of $5,180,000 for the Fiscal Year 2011/2012 budget; and WHEREAS , the $5,180,000 is available from positive net revenue projections of $6,966.822 for the Fiscal Year 2011/2012; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the amendment to the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2011, and ending September 30, 2012, by increasing the Water and Sewer Utility Enterprise Fund for operating expenditures and transfers to other funds in the amount of $5,180,000 which increases the previously appropriated sum of $32,217,173 to $37,397,173. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2011, and ending September 30, 2012, is hereby amended by increasing the Water and Sewer Utility Enterprise Fund for operating expenditures and transfers to other funds in the amount of $5,180,000 which increases the previously appropriated sum of $32,217,173 to $37,397,173. Section 3. The City Commission hereby acknowledges the disclosure of adjustments within the Utilities operating budget as stated in the agenda documents. Section 4. All Resolution or parts of Resolution in conflict herewith are hereby 117 of 314 repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7th day of November, 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) 118 of 314 119 of 314 120 of 314 121 of 314 6. K CONSENT AGENDA November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Joseph Casello, a regular EQUESTED CTION BY ITY OMMISSION member of the Golf Course Advisory Committee ER: Joe Casello has submitted his resignation as a regular XPLANATION OF EQUEST member of the Golf Course Advisory Committee. H? The Golf Course Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Committee will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 122 of 314 123 of 314 9. A PUBLIC HEARING November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-018 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve abandonment of a portion of a Utility Easement (ABAN 12-001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C-3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. ER: James Mirrione of E & A Sunshine Square, LLC, is XPLANATION OF EQUEST requesting to abandon a portion of a utility easement in conjunction with the new Publix Supermarket at the Sunshine Square Shopping Center. The portion of the twelve (12) foot-wide utility easement to be abandoned runs in an east-west direction for a distance of approximately 355 feet. The subject easement was originally dedicated to the City for utility purposes and the City’s own utilities were the only service provider utilizing the easement. As a result of the reconstruction of the Publix Supermarket, the developer and Utility staff agreed to have the utilities relocated out of this easement and into a new easement, to reduce site conflicts. Therefore during construction, this easement was physically abandoned and a new easement created. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of that portion of the easement already vacated in the field, which no longer serves a public purpose. The applicant drafted a legal description and sketch for the newly created easement, which was reviewed and approved by the Utilities and Engineering Departments, and recorded in the County records. 124 of 314 Based upon the provision of the new utility easement, staff recommends APPROVAL of the applicant’s request. The Planning & Development Board reviewed the request at their October 23, 2012 meeting and recommends the abandonment be approved. H? The abandonment of the portion of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the utility easement will not adversely impact City services, as a new utility easement has been dedicated and recorded in the Palm Beach County records. FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 125 of 314 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING ABANDONMENT OF A PORTION (355 FOOT STRIP) OF THE TWELVE (12) FOOT- WIDE UTILITY EASEMENT, LOCATED AT 501 SE TH 18 AVENUE, SUNSHINE SQUARE SHOPPING PLAZA, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, James Mirrione of E & A Sunshine Square, LLC., is requesting to abandon a portion (355 foot strip) of a twelve (12) foot-wide utility easement located at 501 th SE 18 Avenue, Sunshine Square Shopping Plaza, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning & Zoning Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that this portion of the utility easement is being vacated because there are no longer any public utilities located within the easement and will not have any public utilities in the future, therefore no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion (355 foot strip) of the twelve (12) foot-wide utility easement th located at 501 SE 18 Avenue, Sunshine Square Shopping Center in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4 AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE-QUARTER (NE ¼) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 126 of 314 COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89º 43’15” WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE FOR FLORIDA EAST COAST RAILROAD; THENCE SOUTH 08º 11’15” WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89º 43’15” EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA A location map is attached hereto as Exhibit “A.” Section 3. The Interim City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ____ day of , 2012. 127 of 314 SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 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) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion (355 foot strip) of the twelve (12) th foot-wide utility easement located at 501 SE 18 Avenue, Sunshine Square Shopping Center in the City of Boynton Beach, subject to staff comments. The property being abandoned is more particularly described as follows: A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4 AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE-QUARTER (NE ¼) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89º 43’15” WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE FOR FLORIDA EAST COAST RAILROAD; 128 of 314 THENCE SOUTH 08º 11’15” WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89º 43’15” EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2012. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ ________________________________ Janet M. Prainito, MMC Lori LaVerriere, Interim City Manager City Clerk 129 of 314 STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, Interim City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2012. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 130 of 314 131 of 314 132 of 314 133 of 314 134 of 314 135 of 314 136 of 314 137 of 314 EXHIBIT "C" Conditions of Approval Project name: Sunshine Square File number: ABAN 12-001 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\ABAN 12-001\COA (after P&D Mtg.).doc 138 of 314 139 of 314 10. A CITY MANAGER’S REPORT November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12 -121 - EQUESTED CTION BY ITY OMMISSION Approve lease agreement with Stage Left Theatre for use of City owned Madsen Center for live stage community theater. ER: Stage Left Theatre has requested use of city owned space XPLANATION OF EQUEST to hold live stage plays and musical productions. Mr. Peter Pagliaro, Managing Director of Stage Left Theatre met with staff at the request of Commissioner Marlene Ross. The Madsen Center was identified as a site for possible use by the Theater. Currently the Madsen Center is vacant. Please see the attached portfolio of information provided by theatre representatives. Through numerous meetings and site visits, staff has vetted out a draft lease for use of the Madsen Center. The theater group is seeking rent free space; however, they will pay for all monthly utilities as well as some interior improvements that need to be made for live stage theater. The term of the lease is eighteen months (November 2012 – June 2014). This will allow the theater to run 1 ½ seasons, including a summer program for children in 2013. The use of the site will be limited to theater and may not be subleased. A termination clause allows the City or the Theater to exit the agreement with thirty days written notice by either party. Upon termination of the lease the Theatre must restore the building to its original state. City and CRA staffs agree this use is appropriate for the downtown area and in fact, may serve as a strong attractor for patrons to visit the downtown area. This added cultural amenity furthers Economic Development Implementation item #38 – Youth 140 of 314 Connection, in that the Theater group offers after school and summer workshops for youth in theatrics, production and set design. The short term lease will provide an opportunity to see if the theatre succeeds and desires to make Boynton its permanent home. H? The Madsen Center had been OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES considered as a possible site for an employee health clinic; however, staff has identified other alternatives and concurs that a theatre use is more appropriate for this area. FI: Stage Left Theatre will pay $1.00 per month rent and all monthly ISCAL MPACT utilities. The City will pay for an accessibility ramp for entry into the theatre at an approximate cost of $600. A: Do not consider lease. LTERNATIVES 141 of 314 RESOLUTION NO. R12 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STAGE LEFT THEATRE, INC., FOR LEASE OF THE MADSEN CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Stage Left Theatre, Inc., has requested use of City-owned space to hold live stage plays and musical promotions; and WHEREAS , through numerous meetings, the Madsen Center, which is currently vacant, was identified as a site for use by the Theater; and WHEREAS , staff is recommending the City Commission approve the execution of the Commercial Lease Agreement between the City of Boynton Beach and Stage Left Theatre, Inc., for lease of the Madsen Center to hold live stage plays and musical productions. 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 approves and authorizes the Mayor and City Clerk to execute the Commercial Lease Agreement between the City of Boynton Beach and Stage Left Theatre, Inc., for lease of the Madsen Center for live stage plays and musical productions, a copy of the Lease is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2012. 142 of 314 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) 143 of 314 Commercial Lease Agreement This Commercial Lease Agreement ("Lease") is made and effective this ___ day of November, 2012, by and between CITY OF BOYNTON BEACH, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 ("Landlord") and STAGE LEFT THEATRE, INC, a Florida Non- Profit Corporation ("Tenant"). Landlord is the owner of land and improvements commonly known and numbered as 145 S.E. nd 2 Avenue, Boynton Beach, Florida 33435 and legally described as: LEGAL OF PROPERTY: see attached Exhibit “A” for legal description, diagram of leased premises, and available sign location. Landlord desires to lease approximately ____square feet (“Leased Premises”) of the building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: Term 1. . A. The term of the Lease shall be for a period of eighteen (18) months commencing November 15, 2012. B. Either party may terminate the lease by giving the other party thirty (30) days written notice. Rental 2. . A. Tenant shall pay to Landlord during the Term rental of $1.00 per month. Each monthly installment payment shall be due in advance on or before the first day of each calendar month during the lease term to Landlord at Boynton Beach City Hall, Finance Department, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435. Use 3. Use is limited to public stage theatre, and for no other purpose. Tenant covenants not to permit any theatrical performance involving nudity. Sublease and Assignment 4. . This Lease is not assignable and Tenant may not sublease the Leased Premises Repairs 5. . 144 of 314 During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises except those which are the responsibility of Landlord. Landlord is responsible for HVAC, roof, plumbing, window, and door repairs or maintenance of the leased Premises. Alterations and Improvements 6. . Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, specialty lighting, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. Property Taxes 7. . A. Although the parties anticipate that the property will not be subject to real property taxes, in the event real property taxes are assessed, Tenant shall pay to Landlord a proportionate share of the real property taxes, if any, based on the ratio of the square footage of the Lease Premises to the total square footage of the property. B. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. Insurance 8. . A. It shall be the responsibility of STAGE LEFT THEATER to maintain commercial general liability and property insurance during the duration of this contract. B. STAGE LEFT THEATER shall secure and maintain in force, throughout the duration of this contract, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 and aggregate for personal injury; and, property insurance to cover the interior and contents of the leased property. C. Said general liability policy 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. D. STAGE LEFT THEATER shall furnish the City with a Certificate of Insurance prior to the start of any use of City facilities. 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. 145 of 314 E. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. Utilities. 9. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. Signs 10. . Tenant shall be permitted use of Landlord’s current signage on the property the location of which is notated on Exhibit “A”. Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. Entry 11. . Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. Parking 12. . During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. Damage and Destruction 13. . 146 of 314 If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease shall be deemed terminated as of the date of such damage. Default 14. . If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. Quiet Possession 15. . Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. Condemnation 16. . If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. Security Deposit 17. . The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the 147 of 314 Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Notice 18. . Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Landlord to: City of Boynton Beach Attn: Interim City Manager 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Tenant to: Stage Left Theatre, Inc. Attention: Peter Pagliaro 225 Saratoga Blvd. East Royal Palm Beach, Fl 33411 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Brokers 19. . Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. Waiver 20. . No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. No Recording of Lease 21. . Neither party will record this lease. Headings 22. . The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. Successors 23. . 148 of 314 The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives and successors. Performance 24. . If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. Compliance with Law 25. . Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. Tenant’s Covenants. 26. Tenant covenants that it is a 501(c)(3) entity and that it will maintain that status during the term of this lease. On written request from the landlord, Tenant will promptly provide proof of and execute affidavits attesting to that status. Final Agreement 27. . This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. Governing Law and Venue 28. . This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. In the event of court action to enforce this lease, venue will be in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. 149 of 314 SIGNATURE PAGE FOLLOWS 150 of 314 CITY OF BOYNTON BEACH, FLORIDA By:___________________________________ Woodrow Hay, Mayor ________________________ WITNESS AS TO CITY ________________________ WITNESS AS TO CITY ATTEST: _________________________________ JANET M. PRAINITO, CITY CLERK APPROVED AS TO FORM _________________________________ OFFICE OF THE CITY ATTORNEY STAGE LEFT THEATRE, INC. By: _______________________________ ________________________ Peter S. Pagliaro, Jr., President WITNESS AS TO TENANT ________________________ WITNESS AS TO TENANT STATE OF FLORIDA ) ) SS. COUNTY OF ___________ ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared ______________________________, personally known to be the person described in, or who produced ______________________________ as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the County and State aforesaid on this ________day of ________________, 2012. ___________________________________ NOTARY PUBLIC 151 of 314 My Commission Expires: H:\_GOV CLIENTS\BB 306\_900182 GM\LEASES\Commercial Lease Agreement - Madsen Center.doc 152 of 314 153 of 314 154 of 314 155 of 314 156 of 314 157 of 314 158 of 314 159 of 314 160 of 314 161 of 314 162 of 314 163 of 314 164 of 314 165 of 314 166 of 314 167 of 314 168 of 314 11. A UNFINISHED BUSINESS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear update from City Attorney regarding EQUESTED CTION BY ITY OMMISSION conveyance document for Old High School property. ER: City Attorney, Jim Cherof will provide a verbal update to the XPLANATION OF EQUEST Commission on the status of the conveyance document for the Old High School. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 169 of 314 13. A LEGAL November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 16, 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. 12-019 - FIRST EQUESTED CTION BY ITY OMMISSION READING – Approve changes to Chapter 26 - Article IV – Sewers of the City’s Code of Ordinances pursuant to Chapter 62-625 of the Florida Administrative Code (FAC) regarding Industrial Pretreatment Regulations and their proper enforcement. ER: The Utility works in conjunction with the City of Delray and XPLANATION OF EQUEST the SCRWWTP to meet the requirements of chapter 62-625 of FAC regarding our Industrial Pre-treatment Plan. A recent audit of the plans by the FDEP identified the need to make revisions following changes to the rule in May, 2010. Due to the extent of the changes the parties hired Mathews Consulting to work through the issues and prepare revisions acceptable to the FDEP. This work has now been completed and the FDEP have indicated their approval of the revised documents. As a first step the Commission has already approved a change to the Interlocal Agreement with the City of Delray and we are now moving forward with the next phase. This includes both a change to the City’s ordinance regarding industrial pretreatment and approval of the associated Enforcement Plan which will occur following the second reading. H? This will bring the City into line with OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the requirements of the FAC. FI: None ISCAL MPACT A: The proposed changes are mandated by the FAC and a necessary LTERNATIVES requirement for the SCRWWTP operating permit. 170 of 314 ORDINANCE NO. 12-___ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, ARTICLE IV, SEWERS TO INCORPORATE THE NEW REQUIREMENTS CONTAINED IN THE REVISED INDUSTRIAL PRETREATMENT REGULATIONS AND THEIR PROPER ENFORCEMENT TO COMPLY WITH FDEP REQUIREMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Utilities Department works in conjunction with the City of Delray Beach and the South Central Regional Wastewater Treatment and Disposal Board to meet the requirements of Chapter 62-625, Florida Administrative Code regarding our Industrial Pre- Treatment Plan; and WHEREAS, a recent audit of the Plans by the Florida Department of Environmental Protection identified the need to make revisions following changes to the rule in May, 2010; and WHEREAS , the City Commission has already approved a change to the Interlocal Agreement with the City of Delray Beach and it requires moving forward with the next phase by changing the City’s ordinance regarding industrial pretreatment and approval of the associated Enforcement Plan which will occur following second reading of the ordinance; and WHEREAS , the City Commission of the City of Boynton Beach, Florida has determined that it is in the best interests of the citizens and residents of the City to amend Chapter 26, clarifying certain subdivisions and bringing others into compliance. NOW, THEREFORE, BE IT ORDAINED 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. That Chapter 26, Article IV, Sewers, hereby amended by adding the words 171 of 314 and figures in underlined type, and by deleting the words and figures in struck-through type in the manner shown in attached Exhibit “A”. Section 3. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective ninety (90) days after passage. FIRST READING this ____ day of _________________, 2012. 172 of 314 SECOND, FINAL READING AND PASSAGE this _____ day of ________, 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) 173 of 314 174 of 314 175 of 314 176 of 314 177 of 314 178 of 314 179 of 314 180 of 314 181 of 314 182 of 314 183 of 314 184 of 314 185 of 314 186 of 314 187 of 314 188 of 314 189 of 314 190 of 314 191 of 314 192 of 314 193 of 314 194 of 314 195 of 314 196 of 314 197 of 314 198 of 314 199 of 314 200 of 314 201 of 314 202 of 314 203 of 314 204 of 314 205 of 314 206 of 314 207 of 314 208 of 314 209 of 314 210 of 314 211 of 314 212 of 314 213 of 314 214 of 314 215 of 314 216 of 314 217 of 314 218 of 314 219 of 314 220 of 314 221 of 314 222 of 314 223 of 314 224 of 314 225 of 314 226 of 314 227 of 314 228 of 314 229 of 314 230 of 314 231 of 314 232 of 314 233 of 314 234 of 314 235 of 314 236 of 314 237 of 314 238 of 314 239 of 314 240 of 314 241 of 314 242 of 314 243 of 314 244 of 314 245 of 314 246 of 314 247 of 314 248 of 314 249 of 314 250 of 314 251 of 314 252 of 314 253 of 314 254 of 314 255 of 314 256 of 314 257 of 314 258 of 314 259 of 314 260 of 314 261 of 314 262 of 314 263 of 314 264 of 314 265 of 314 266 of 314 267 of 314 268 of 314 269 of 314 270 of 314 271 of 314 272 of 314 273 of 314 274 of 314 275 of 314 276 of 314 277 of 314 278 of 314 279 of 314 280 of 314 281 of 314 282 of 314 283 of 314 284 of 314 285 of 314 286 of 314 287 of 314 288 of 314 289 of 314 290 of 314 291 of 314 292 of 314 293 of 314 13. B LEGAL November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-017 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Rescinding Ordinance 11-029 to allow adoption of the Palm Beach County Lobbyist registration Ordinance in lieu of City regulation of lobbying activities ER: On December 20, 2011, the Palm Beach County XPLANATION OF EQUEST Commission adopted the Palm Beach County Lobbyist Registration Ordinance providing a centralized lobbyist registration system for the County and all municipalities in the County. The Palm Beach County Ordinance became effective April 2, 2012. A copy of the County Lobbyist Registration Ordinance, in codified form, is attached. The County Ordinance applies to any municipality that does not have a conflicting ordinance in effect. City Ordinance 11-029 is a conflicting Ordinance which currently prohibits application and enforcement of the Palm Beach County Lobbyist Registration Ordinance. This Ordinance, if adopted by the City Commission, will rescind the City’s Lobbyist Registration Ordinance and clear the way for enforcement of the County’s Ordinance. H? The City Clerk’s office will no OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES longer be required to maintain lobbyist registration records. Lobbyists will register with the County and the County will maintain a County-wide data base. Additionally, after a preliminary investigation by the City Manager and a determination that a violation may have occurred, the Palm Beach County Commission on Ethics picks up the investigation and has the enforcement authority. 294 of 314 FI: The City will save administrative costs associated with maintaining the ISCAL MPACT lobbyist registration bank of data. Attorney fees associated with lobbyist appeals under the City Ordinance will no longer be incurred. A: Take no action and leave the City lobbyist registration rules and LTERNATIVES regulations in affect. 295 of 314 ORDINANCE NO. 12-17 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING CITY ORDINANCE 11-029 WHICH REQUIRED REGISTRATION OF LOBBYISTS AND ELECTING TO REGULATE LOBBYING ACTIVITY UNDER THE PALM BEACH COUNTY LOBBYIST REGISTRATION ORDINANCE; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, On December 20, 2011, the Palm Beach County Commission adopted the Palm Beach County Lobbyist Registration Ordinance providing a centralized lobbyist registration system for the County and all municipalities in the County which took effect on April 2, 2012; and WHEREAS , The County Ordinance applies to any municipality that does not have a conflicting ordinance in effect; and WHEREAS , City Ordinance 11-029 is a conflicting Ordinance which currently prohibits application and enforcement of the Palm Beach County Lobbyist Registration Ordinance; and WHEREAS , This Ordinance, if adopted by the City Commission, will rescind the City’s Lobbyist Registration Ordinance and clear the way for enforcement of the County’s Ordinance; and WHEREAS , the City Commission finds that it would be in the best interest of the public for lobbyists to be registered and regulated under a County-wide system. NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof. Section 2. Ordinance 11-029 is hereby rescinded in its entirety. All provisions regarding lobbyists, lobbyists registration and enforcement of lobbyist activity contained in the City Code of Ordinances shall be deleted. 296 of 314 Section 3. The provisions regarding lobbyist registration shall hereinafter be governed by the Palm Beach County Lobbyist Registration Ordinance as amended from time to time by Palm Beach County. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall not be codified. Section 7. This Ordinance shall become effective on passage. th FIRST READING this 16 day of October, 2012. 297 of 314 SECOND, FINAL READING AND PASSAGE this _____day of _______________, 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) 298 of 314 299 of 314 300 of 314 301 of 314 302 of 314 303 of 314 304 of 314 305 of 314 306 of 314 307 of 314 308 of 314 309 of 314 310 of 314 311 of 314 312 of 314 14. A FUTURE AGENDA ITEMS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Capital Facility Charge Update Study - Amending EQUESTED CTION BY ITY OMMISSION Ordinance - 12/4/12 ER: The results of the study will be presented along with XPLANATION OF EQUEST recommendations for improvements in this program. This is an Economic Development Implementation Plan (EDIP) action item. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 313 of 314 14. B FUTURE AGENDA ITEMS November 7, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 7, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Volunteer Advisory Board program outline - EQUESTED CTION BY ITY OMMISSION 12/04/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 314 of 314