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Agenda 03-05-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MARCH 5, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II Gerald “Jerry” Taylor Commissioner – District I Steven Holzman Commissioner – District III Wayne Segal Commissioner – District IV Lori LaVerriere 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 115 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Taylor 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. Proclaim March 2013 as Myeloma Awareness Month. The proclamation will be accepted by Phyllis Stern, Multiple Myeloma Combatant B. Announce the Ocean Avenue Concert for Friday, March 15, 2013 C. Announce the Movies of the Ave film for April 5, 2013 D. Announce Sunday in the Park, Sunday, April 7, 2013 E. Recognize the accomplishment of the Recreation & Parks Department Ages 11-12 Cheerleading team that won the Official Florida Championship Cheer and Dance competition that was held in Tampa on February 9-10 F. Announce the annual Tennis Carnival organized by the Education & Youth Advisory Board G. Announce the Boynton Beach Police Department's employees of the year H. Present Citation to Debby Coles-Dobay, Public Art Administrator for the City of Boynton Beach. 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) 3 of 115 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 2 alternates 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the four (4) month period ended January 31, 2013. PROPOSED RESOLUTION NO. R13-022 B. - Approve the 36-month Service Agreement with Windstream to provide long distance telephone service by piggybacking off of GSA agreement #GS-35F-0016T in the amount of $4,704/year ($392/month) PROPOSED RESOLUTION NO. R13-023 C. - Approve Subordination Agreement allowing for a subordinaton of the City's SHIP Mortgage for Marty Duncan of 719 N.W. 7th Street, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. D. Approve the minutes from the Regular City Commission meeting held on February 19, 2013 E. Accept the resignation of Jayvonna Roker, a student member of the Education and Youth Advisory Board 7. BIDS AND PURCHASES OVER $100,000 None 4 of 115 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. None 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-004 - SECOND READING - PUBLIC A. HEARING - Approve abandonment of a portion of the 35-foot wide Galaxy Way street right-of-way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. 14. FUTURE AGENDA ITEMS A. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 5 of 115 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 115 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Proclaim March 2013 as Myeloma Awareness EQUESTED CTION BY ITY OMMISSION Month. The proclamation will be accepted by Phyllis Stern, Multiple Myeloma Combatant ER: The City of Boynton Beach is committed to increasing awareness XPLANATION OF EQUEST of myeloma and encouraging private efforts to enhance research funding and education programs and therefore proclaims March 2013 as Myeloma Awareness Month. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 7 of 115 P R O C L A M A T I O N WHEREAS, Multiple myeloma (or myeloma), the second most common blood cancer worldwide, is a cancer of plasma cells in the bone marrow. It is called “multiple” because the cancer can occur at multiple sites. WHEREAS, Multiple myeloma currently affects more than 100,000 people in the United States, with an estimated 20,000 new cases diagnosed each year and 10,000 losing their battle each year; AND WHEREAS, Once a disease of the elderly, it is now being found in increasing numbers in people under 65; AND WHEREAS, Because myeloma is a rare disease there can be a delayed diagnosis, leading to delayed treatment. For this reason an increased awareness of myeloma for clinicians and the general public will lead to earlier diagnosis allowing people to live longer; AND WHEREAS, Continued investment and innovation is critical to achieve early diagnosis and implement the most effective and safest treatments for myeloma patients; AND WHEREAS, Although we have seen important advances in the last decade there is still no cure for myeloma; AND THUS, The City of Boynton Beach is committed to increasing awareness of myeloma and encouraging private efforts to enhance research funding and education programs; AND NOW, THEREFORE, I, Woodrow Hay, Mayor of Boynton Beach, DO HEREBY PROCLAIM THE MONTH OF March AS MYELOMA AWARENESS MONTH IN BOYNTON BEACH, FL, AND ENCOURAGE ALL RESIDENTS TO JOIN ME IN PARTICIPATING IN VOLUNTARY ACTIVITIES TO SUPPORT MYELOMA EDUCATION AND THE FUNDING OF RESEARCH PROGRAMS TO FIND A CURE. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND CAUSED THE GREAT SEAL OF BOYNTON BEACH, FL TO BE AFFIXED. __________________________________ 8 of 115 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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 Ocean Avenue Concert for Friday, EQUESTED CTION BY ITY OMMISSION March 15, 2013 ER: Friday, March 15, 2013 On , the Boynton Beach CRA will XPLANATION OF EQUEST present an Ocean Avenue Concert, celebrating St. Patrick’s Day with Celtic Mayhem… performing Irish & Celtic music. This FREE concert will take place from 7:00 to 9:00 at PM PM the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Local downtown restaurants will have food and drinks available for purchase. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 9 of 115 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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 Movies of the Ave film for April 5, EQUESTED CTION BY ITY OMMISSION 2013 ER: Friday, April 5, 2013 On , the Boynton Beach CRA and the City XPLANATION OF EQUEST a newly released of Boynton Beach will present a Movies on the Ave film screening, featuring film . This FREE event will take place from 7:00 to 9:00 at the Ocean Avenue PM PM Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and drinks will be available for purchase. Please bring your folding chairs or blankets. Parking onsite, no pets please H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 10 of 115 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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 Sunday in the Park, Sunday, April 7, EQUESTED CTION BY ITY OMMISSION 2013 ER: Sunday, April 7, 2013 On , the Boynton Beach CRA presents the XPLANATION OF EQUEST Sunday in the Park Series featuring a live musical performance by Ron Bivona who will make you believe that “Ol’ Blue Eyes” is still with us!. This FREE event will take place at Ocean th Avenue Park on the NE corner of E. Ocean Avenue and NE 4 Street. Have Brunch or Lunch at Hurricane Alley or The Little House and enjoy the live music from 12:00 p.m. to 3:00 p.m. Bring your folding chairs or blankets to sit at the park. Ample FREE parking onsite. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 11 of 115 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Recognize the accomplishment of the Recreation EQUESTED CTION BY ITY OMMISSION & Parks Department Ages 11-12 Cheerleading team that won the Official Florida Championship Cheer and Dance competition that was held in Tampa on February 9-10 ER: The Department’s Ages 11-12 Cheerleading team competed XPLANATION OF EQUEST in the youth level 1 division, and earned first place against teams from Plant City, Brandon, Gainesville, Ocala, Tampa, Largo and Lake Park. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Expenses for the program are covered by the registration fees and ISCAL MPACT sponsors. A: N/A LTERNATIVES 12 of 115 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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 Tennis Carnival organized by EQUESTED CTION BY ITY OMMISSION the Education & Youth Advisory Board ER: The annual Tennis Carnival will be held on April 27 at XPLANATION OF EQUEST Hunters Run. This event, which is organized by the Education & Youth Advisory Board, is free for youth 6-17 years old. Registration can be made on line, in person at the Intracoastal Park Clubhouse. Maximum registration is 30. H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No fiscal impact. ISCAL MPACT A: N/A LTERNATIVES 13 of 115 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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 Boynton Beach Police Department's EQUESTED CTION BY ITY OMMISSION employees of the year ER: The Boynton Beach Police Department is pleased to XPLANATION OF EQUEST announce that Officers Eric Reynolds and Christopher Munro have been chosen as the 2012 Officers of the Year; Detective Brian Anderson is Detective of the Year; and Administrative Associate Barbara Scott is the Civilian Employee of the Year. Officers Eric Reynolds and Christopher Munro On June 12, 2012, Officer Eric Reynolds spotted a vehicle matching the description of a car used to flee an armed bank robbery in Delray Beach. Officer Reynolds attempted to stop the vehicle by activating his emergency equipment to conduct an investigative stop, but the vehicle refused to yield and continued its attempt to elude police. Officer Christopher Munro joined the pursuit as the suspect vehicle continued at a high rate of speed, hitting several citizens’ vehicles before crashing into an elderly woman’s car. The suspect reached out from the partially opened driver’s door and fired at officers. Officer Reynolds and Officer Munro returned fire, striking the suspect several times. Officer Reynolds was struck by the suspect’s gunfire in left foot. The suspect died at the scene. For their heroic actions, both officers received the Boynton Police Department’s Combat Cross Medal. Officer Reynolds received the department’s Wound Medal. Reynolds and Munro were chosen as the February 2013 Officers of the Month by the National Law Enforcement Officers Memorial Fund. 14 of 115 Detective Brian Anderson From receiving a grand jury indictment against the suspect in a double homicide to making an airtight case against three dangerous criminals who terrorized people at a Dunkin’ Donuts, Brian Anderson proved in 2012 that he is a sharp detective with unquestionable judgment and outstanding integrity. His stellar year began on Dec. 30, 2011 when he was assigned lead detective for a double homicide on Old Boynton Road. He worked tirelessly with federal, state, and local agencies sifting through phone records and physical evidence throughout the spring of 2012. His persistence paid off and he received a grand jury indictment in the case. In March 2012, Anderson established probable cause to arrest the documented gang member who intentionally shot another man. In May 2012, his investigative work led to the arrest of three criminals who terrorized the employees and patrons of a local Dunkin’ Donuts. In August 2012, Anderson connected suspects in a bank robbery to the brutal knife assault and robbery of a cab driver. And at year’s end, he connected video from an armed robbery where shots were fired to a traffic stop with the suspect. This ultimately led to a confession and arrest. “He is a skilled and proficient interrogator, and when assigned an investigation, there is no doubt it will be worked tirelessly and effectively,” his supervisor, Detective First Grade Christopher Crawford, said. Barbara Scott There is one thing you can be sure of when you enter the administrative wing of the Boynton Beach Police Department – Barbara Scott will be there to assist you. Barbara has been a staple in the administrative wing of the police department since her hiring in 1999. As an administrative associate, she is responsible for maintaining all employee files, preparing correspondences, answering calls from the community for command staff, and so much more. She sits on the Boynton Beach Safety Advisory Committee and is responsible for getting our payroll submitted to finance on time. Most importantly, she is always there to lend a helping hand. “If I had to describe her in one word, I’d say reliable,” Major Frank Briganti said. “Her efforts and dedication far surpass any single task or accomplishment.” H? Not applicable. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No fiscal impact. ISCAL MPACT A: Not applicable. LTERNATIVES 15 of 115 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Present Citation to Debby Coles-Dobay, Public Art EQUESTED CTION BY ITY OMMISSION Administrator for the City of Boynton Beach. ER: Present Citation to Debby Coles-Dobay for her dedication, XPLANATION OF EQUEST commitment and hard work in putting together the first of its kind in the country, International Kinetic Symposium and Exhibit in Boynton Beach, Florida on February 8 – 10, 2013. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 16 of 115 C I T A T I O N The arts and culture are the soul of the city; they are what gives the City character. They are what draws people to the City and what are savored in memory. With its Art in Public Places program, the City of Boynton Beach recognized that by nurturing its arts and culture in choosing its future, the City could reach its full potential as an artistic and cultural center in the region, the nation and the world. Prior to her becoming the City’s Art in Public Places Administrator, following enactment of the Art in Public Places Ordinance in 2005, Debby Coles-Dobay had devoted two years of volunteer time to guiding the program’s implementation. Serving as liaison to the Arts Commission, City and Community Redevelopment Agency staff, developers, planners, architects, artists, design professionals and the general public, Debby facilitated nine development and 11 City/CRA projects, as well as the annual Avenue of the Arts program. She also coordinates a series of rotating exhibits in City facilities and developed the Swing Space program, which places artwork on exhibit in vacant store fronts of shopping plazas. One of Debby’s greatest achievements was the 2013 Kinetic Art Exhibition and Symposium held in Boynton Beach February 8-10, which attracted more than 2,000 people to the City, including artists not in the exhibit, who traveled on their own to Boynton Beach to learn more about kinetic art and speak to the kinetic artists in the exhibit. Using a Skype video feed, students a half-a- world away in Nicosia, Cyprus, had the opportunity to view some of the 16 outdoor sculptures and 60 indoor exhibits on display. Not only did the event focus worldwide attention on Boynton Beach, but it also provided economic benefit for the City’s business community. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Citation Debby Coles-Dobay for her many contributions that have enabled the City to serve the ennobling needs of its citizens by inspiring the quality of their lives. In Witness Whereof , I have hereunto set my hand and have caused the Official Seal of the City th of Boynton Beach to be affixed the 5 day of March 2013. _____________________________ Woodrow L. Hay, Mayor Attest: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 17 of 115 5. A ADMINISTRATIVE March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 2 alternates . 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. 18 of 115 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 19 of 115 20 of 115 21 of 115 6. A CONSENT AGENDA March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the four (4) month period ended January 31, 2013. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the four (4) month period ended January 31, 2013 (33% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 22 of 115 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 37,35854%$ 65,142$ 33,848 52%6%10% Expenditures$ (68,822)$ (28,790)42%$ (65,142)$ (26,626)41%6%8% Excess (Deficit)$ -$ 8,568$ -$ 7,222 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M General Fund budget estimate for FY 2012-13. Transfers from other funds (non- revenues) provide $16.6 M or 25% of the total funding sources to balance our $68.8 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 28.6 M – All other revenues plus General Fund Balance 3._25% - $ 16.6 M – Transfers from other funds 100% - $ 68.8 M – Total funding sources The property tax rate for FY 2012-13 was increased from 7.1941 mills to 7.6000 mills; the net property taxes of $27.0 M in FY 2012-13 represent a 5.6% increase in property tax revenue or a increase of $.7 M from FY 2011-12. To balance the budget in FY 2012-13, it required transfers from other funds of $16.6 M representing 25% of all funding sources. Actual Funding Sources Realized: At the end of the fourth month in FY 2012-13, revenues and transfers realized are approximately $37.3 M or 54% of the budget estimate compared to $33.8 M or 52% realized to date in FY 2011-12. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $19.1 M as compared to $18.4 M for FY 2011-12, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $1.5 M or 34% actual collected compared to approximately $1.6 M or 35% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.2 M or 92% has been collected which is almost equivalent to the FY 2011-12 amount. State Shared revenues 3. of $1.7 M have been collected in FY2012-13 as compared to $2.0 M received in FY 2011-12. Public Safety revenues 4. at this point is on track with the budgeted amount; $1.43 M 23 of 115 or 38% was received compared to a similar amount of $1.39 M or 35% for FY 2011-12. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 5.7% from $65.1 M to $68.8 M. The increase impacted all departments due to increased pension and health care cost. Actual Expenditures – General Fund expenditures for the four month period ending January 31 (33% of the fiscal year) are $28.8 M that is 42% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $ 28.8 M or 42% of the FY 2012-13 budget. At 42%, we are ahead of spending levels compared to the $26.6 M or 41% actual spending levels in FY 2011-12 for this same period. This is due to the increase in the City’s pension obligation for FY 2012-13. UTILITY FUND The FY 2012-13 annual expenditure budget of $36.7 M represents a $.7 M decrease from the FY 2011-12 budget of $37.4 M. The operational forecast may yield an estimated $2.2 M fund balance increase for the year based on the budget. For the four month period in FY 2012-13,  Revenues realized are $12.4 M (34%) of the annual budget estimate.  Expenditures incurred are $13.1 M (36%) of the annual appropriated budget. This results in a shortfall of expenditures over revenues of approximately $ 725 K. FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 12,42434%$ 37,397$ 12,441 33%-2%0% Expenditures$ (36,758)$ (13,149)36%$ (37,397)$ (10,780)29%-2%22% Excess (Deficit)$ -$ (725)$ -$ 1,661 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $12.4 M in FY 2012-13 actual revenues and fund balance increase are on target similarity to the $12.4 M to date in FY 2011-12, because of two factors: 24 of 115  Water Sales - $6.1 M equivalent to 34% of the annual estimate, compared to $5.9 M (32%) at this point in FY 2011-12.  In FY 2012-13, $ 2.2 M is being recognized as an added increase to fund balance, compared to an added increase of $ 1.7 M in FY 2011-12. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY 2012-13 expenditures to date are $13.1 M or 36% of the annual appropriation compared to expenditures of $10.78 M or 29% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund and the increase in the City’s pension obligation that is attributable to the Utility Fund. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 25 of 115 26 of 115 27 of 115 28 of 115 29 of 115 6. B CONSENT AGENDA March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: PROPOSED RESOLUTION NO. R13-022 - EQUESTED CTION BY ITY OMMISSION Approve the 36-month Service Agreement with Windstream to provide long distance telephone service by piggybacking off of GSA agreement #GS-35F-0016T in the amount of $4,704/year ($392/month) A:C GREEMENT OMMENCE UPON EXECUTION ER: I.T.S. has been working to decrease the City’s ongoing XPLANATION OF EQUEST phone service charges. The City has already received large retroactive credits and ongoing reductions by:  Eliminating some phone lines,  Replacing expensive solutions with lower cost options, and  Reducing rates by implementing longer-term agreements in lieu of month-to- month bills The City has been using Windstream (formerly Paetec) for most of our long distance service. Their long distance circuit has proven to be less expensive than other carriers, and allows us to bundle the long distance service associated with other 1FB circuits (remote location’s fax, alarm, and elevator lines) into one consolidated monthly bill. After surveying several long distance carriers, we have estimated that this agreement with Windstream will afford us better prices than those of other carriers. The attached Windstream Service Agreement allows us to lock in a base rate of $392 per month (plus 30 of 115 taxes and usage fees). We are currently paying a base rate of $856 per month for the same circuit (not including taxes and usage fees). We expect to save approximately $8,000 annually by moving forward with this Windstream Service Agreement. H? Windstream’s dedicated phone- OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES lines are already installed and connected to City phone switches. This agreement requires no new work; it will simply place us under a long-term agreement and lower our operating costs. FI: The City already has a blanket P.O. for FY 2012-2013 to pay ISCAL MPACT Windstream (Paetec) for both a dedicated trunk-line and long distance calls. This proposed Agreement will lock-in long distance rates for three years, and thereby lower the City’s long distance expenses by approximately $8,000 per year. Funding is provided in 001-1510-513-41-10. A: LTERNATIVES  Remain with Windstream’s month-to-month version of the current long distance calling plan. This will prevent us from qualifying for their discounted rate and cost us more in the long run for the same services.  Switch to another long distance carrier. However, this option would entail considerable installation and configuration work for both internal staff as well as both carriers. This too will likely involve an increase in operating costs. 31 of 115 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A THIRTY-SIX (36) MONTH SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PAETEC, A WINDSTREAM COMPANY FOR LONG DISTANCE TELEPHONE SERVICE USING GSA #GS-35F-0016T IN THE AMOUNT OF $4,704 PER YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has been working to decrease the City’s ongoing telephone service charges; and WHEREAS , the City has been using PAETEC, a Windstream Company, for most of its long distance services which has proven to be less expensive than other carriers; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute a thirty-six (36) month Service Agreement between the City of Boynton Beach and PAETEC, a Windstream Company, for long distance service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize and direct the City Manager and City Clerk to execute a thirty-six (36) month Service Agreement between the City of Boynton Beach and PAETEC, a Windstream Company, for ongoing long distance service, a copy of the Service Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. 32 of 115 PASSED AND ADOPTED this ___ day of March, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Wayne Segal ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 33 of 115 34 of 115 35 of 115 36 of 115 37 of 115 38 of 115 39 of 115 40 of 115 41 of 115 42 of 115 43 of 115 Proof of GSA pricing taken the GSA Advantage! website: https://www.gsaadvantage.gov Specifically from the GSA pricing guide, page 33 of the following PDF link: https://www.gsaadvantage.gov/ref_text/GS35F0016T/0JDAVT.2AK71V_GS-35F- 0016T_GSAPRICING031011.PDF NPANXX State LATA Market Incumbent Rate Center Local Serving GSA GSA GSA PRI GSA GSA GSA GSA Office TDM VoIP Price MetroE MetroE MetroE MetroE Price Price 10 Meg 20 Meg 50 Meg 100 Meg Price Price Price Price 561292 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561364 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561369 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561374 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561375 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561731 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561732 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561733 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561734 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561735 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561736 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561737 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561738 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561739 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561740 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561742 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 561752 FL 460 West Palm BST BOYNTONBCH BYBHFLMA 406$ 400$ 386$ 1,125$ 1,450$ 2,250$ 3,000$ Beach 44 of 115 6. C CONSENT AGENDA March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: PROPOSED RESOLUTION NO. R13-023 - EQUESTED CTION BY ITY OMMISSION Approve Subordination Agreement allowing for a subordinaton of the City's SHIP Mortgage for th Marty Duncan of 719 N.W. 7 Street, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage, of new charges, claims or mortgages on a given property. In subordination the original lender looses its first, or priority, position on the property and becomes subordinate to the new charge, claim or mortgage. In this case, Mr. Duncan purchased a home through the SHIP program in 2007; his current mortgage was financed in December 31, 2007, with National City Mortgage for 129,600 at 6.20% maturing January 1, 2038. Mr. Duncan wants to refinance his home with Home Affordable Refinance Program (HARP) to a current 30 year, conventional mortgage for $117,300, at 3.875%. In doing so, he will reduce his monthly payments by $242.20. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: There is no affect to city programs or services; Mr. Duncan is merely taking advantage of a federal program designed to assist responsible homeowners that have found themselves underwater in their current mortgage[s], and looking for financial relief. FISCAL IMPACT: There is no fiscal impact, as the City would still maintain its initial SHIP investment in the project of $33,200.00. ALTERNATIVES: Not to subordinate the mortgage. 45 of 115 46 of 115 RESOLUTION NO. R13 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY’S MORTGAGE WITH MARTY DUNCAN IN FAVOR OF U.S. BANK NATIONAL ASSOCIATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF U.S. BANK NATIONAL ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of U.S. Bank National Association for Marty Duncan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the request for subordination of the City’s Mortgages and authorize the City Manager to execute the Subordination Agreement for Marty Duncan in favor of U.S. Bank National Association, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 47 of 115 PASSED AND ADOPTED this _____ day of March, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Wayne Segal ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 48 of 115 This Instrument Prepared by and Return to: JAMES A. CHEROF GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the “Agreement”) is made this _____ day of City of Boynton Beach, a Florida municipal corporation __________, 2013 by the , whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435 (hereinafter the "CITY") in favor of US BANK NATIONAL ASSOCIATION, whose address is 3151 Highland Pointe Drive, Owensboro, KY 42303 (hereinafter “US BANK”). W I T N E S S E T H: WHEREAS, the CITY is the owner and holder of a certain Promissory Note in the original principal amount of Thirty-three Thousand Six Hundred and 00/100 Dollars ($33,600.00), executed by Marty James Duncan, a single man (the “Mortgagor”), dated December 31, 2007, which note is secured by that certain Mortgage of even date and recorded on January 11, 2008 in Official Records Book 22378, Page 0643 of the Public Records of Palm Beach County, Florida (the “City Mortgage”); and WHEREAS, Mortgagor is the owner in fee simple of the following described real property (the “Property”), which Property is encumbered by the City Mortgage: Lot 140 and the South 25 feet of Lot 141, LAUREL HILLS THIRD ADDITION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 23, Page 126. WHEREAS, US BANK has agreed to make a mortgage loan to the Mortgagor in the amount of $117,300.00, secured by a mortgage encumbering the Property (hereinafter the “New Mortgage”), provided that the City’s Mortgage is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: 1. That the foregoing recitals are true and correct and incorporated herein as if set forth in full. 49 of 115 2. That the City’s Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. That the City’s Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage given by Mortgagor to US BANK dated ____________ and recorded in Official Records Book _________, Page ________ of the Public Records of Palm Beach County, Florida. The City’s Mortgage is only subordinate to the first $117,300.00 of US BANK’S New Mortgage and is not subordinate to any addition or future advances which may be made under the New Mortgage. 4. That this Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on ________________, 2013. CITY OF BOYNTON BEACH Signed, sealed and delivered ____________________________ _______________________________ Lori LaVerriere City Manager ____________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of _______________, 2013 by ________________________, as _______________________ of the City of Boynton Beach , who is either personally known to me or has produced a Florida Driver’s License as identification. ________________________________ NOTARY PUBLIC My Commission Expires: 50 of 115 51 of 115 52 of 115 53 of 115 54 of 115 55 of 115 56 of 115 57 of 115 58 of 115 59 of 115 60 of 115 61 of 115 62 of 115 63 of 115 64 of 115 65 of 115 66 of 115 67 of 115 68 of 115 69 of 115 70 of 115 71 of 115 72 of 115 73 of 115 6. D CONSENT AGENDA March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on February 19, 2013 The City Commission met on February 19, 2013 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 74 of 115 75 of 115 76 of 115 77 of 115 78 of 115 79 of 115 80 of 115 81 of 115 82 of 115 83 of 115 84 of 115 85 of 115 86 of 115 87 of 115 88 of 115 89 of 115 90 of 115 91 of 115 92 of 115 93 of 115 94 of 115 95 of 115 96 of 115 97 of 115 6. E CONSENT AGENDA March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Accept the resignation of Jayvonna Roker, a EQUESTED CTION BY ITY OMMISSION student member of the Education and Youth Advisory Board ER: Jayvonna Rocker has submitted her resignation as a XPLANATION OF EQUEST student member of the Education and Youth Advisory Board because she will be unable to attend the meetings due to transportation issues. H? The Education and Youth Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Board will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 98 of 115 99 of 115 13. A LEGAL March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: PROPOSED ORDINANCE NO. 13-004 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve abandonment of a portion of the 35-foot wide Galaxy Way street right-of-way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. ER: Michael Owens of the School District of Palm Beach County, XPLANATION OF EQUEST is requesting to abandon a portion of Galaxy Way in conjunction with the modernization of Galaxy Elementary School. The 35-foot wide portion of the street right-of-way to be abandoned runs in a north-south direction for a distance of approximately 430 feet near the center of the school site, and is fully encompassed within the school property. Galaxy Way is a street that was deeded to the City through a quitclaim deed by the Florida Department of Transportation in 2010. The street was part of land acquired by the State for state highway purposes and is no longer required for such purposes. The City entered into an interlocal agreement with the School District of Palm Beach County, in which the City agreed to process a request for abandonment of this segment of Galaxy Way to facilitate the modernization of Galaxy Elementary School. The site and building layouts were previously approved by the City, recognizing the need for the School District to subsequently make formal application for abandonment. The School District has now received all utility authorizations for the requested abandonment and is ready to complete the City’s process. The subject request is essentially a housekeeping matter to formalize and closeout the abandonment of that portion of the right-of-way needed for the school project, and 100 of 115 which no longer serves a public purpose. The Planning & Development Board reviewed this application at their January 22, 2013 meeting and recommends approval of the request. H? The abandonment of the portion of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Galaxy Way will not adversely impact City services. FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 101 of 115 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE 35-FOOT WIDE GALAXY WAY STREET RIGHT-OF-WAY RUNNING NORTH AND SOUTH FOR A DISTANCE OF APPROXIMATELY 430 FEET, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE 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, Michael Owens, agent for School District of Palm Beach County is requesting that the City abandon a portion of the 35 foot wide Galaxy Way street right-of- way running north and south for a distance of approximately 430 feet in conjunction with the modernization of Galaxy Elementary School, 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 and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the right-of-way 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 of the 35 foot wide Galaxy Way street right-of-way running north and south for a distance of approximately 430 feet in conjunction with the modernization of Galaxy Elementary School, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit “A” attached hereto Section 3. The 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 , 2013. 102 of 115 SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal 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 of the 35 foot wide Galaxy Way street right-of-way running north and south for a distance of approximately 430 feet in conjunction with the modernization of Galaxy Elementary School, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit “A” attached hereto 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 ______________, 2013. 103 of 115 ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME , the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, 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 ________________, 2013. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 104 of 115 105 of 115 106 of 115 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 12-042 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: January 7, 2013 Abandonment of a portion of the 35 foot wide Galaxy Way street right-of- SUBJECT: way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. NATURE OF REQUEST Michael Owens of the School District of Palm Beach County, is requesting to abandon a portion of Galaxy Way in conjunction with the modernization of Galaxy Elementary School. The subject property is classified PPGI (Public & Private Governmental/Institutional) land use and zoned PU (Public Usage). The school is located at the NE corner of Boynton Beach Boulevard and Interstate 95 (see Exhibit “A” – Location Map). The 35 foot wide portion of the street right-of-way to be abandoned runs in a north-south direction for a distance of approximately 430 feet, near the center of the school site. A sketch and legal description of the subject right-of-way is attached as Exhibit “B”. The applicant indicates that this portion of the street right-of-way is being vacated due to the modernization of the school which would place the building footprint in the right-of-way (see Exhibit “C” – New Galaxy Elementary School Site Plan). The site and building layouts were previously approved by the City, recognizing the need for the School District to subsequently make formal application for abandonment. The School District has received all utility authorizations for the requested abandonment and is now ready to complete the City’s process. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: To the NW is a City-owned park and to the NE are the single-family residential subdivisions of Ridgewood Manor and Ridgewood Hills; South: School property and farther south is right-of-way of Boynton Beach Boulevard; 107 of 115 East: School property and farther east is the single-family residential subdivision of Ridgewood Hills; and West: School property and farther west is right-of-way of Interstate 95. BACKGROUND Galaxy Way is a street that was deeded to the City through a quitclaim deed by the Florida Department of Transportation (FDOT) in 2010. The street was part of land acquired by the State for state highway purposes. FDOT determined the land was no longer required for such purposes and deeded the land to the City and its assigns for public purposes and to provide access to adjacent public properties. The portion of Galaxy Way requested to be abandoned is fully encompassed within the school property and serves only the school. The City entered into an interlocal agreement with the School District of Palm Beach County, in which the City agreed to process a request for abandonment of this segment of Galaxy Way to facilitate the modernization of Galaxy Elementary School, as it was understood the redesign of the site would place the school building directly over the street right-of-way. As such, the subject request is essentially a housekeeping matter to formalize and closeout the abandonment of that portion of the right-of-way needed for the school project, and which no longer serves a public purpose. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light No objection AT & T No objection Florida Public Utilities No objection Comcast No objection RECOMMENDATION Staff has determined that the abandonment of the subject portion of Galaxy Way is required to facilitate the approved modernization of Galaxy Elementary. Based on the above analysis and the fact that this portion of the right-of-way no longer serves a public purpose, staff recommends APPROVAL of the applicant’s requested abandonment. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\Galaxy Way ABAN 13-001\Staff Report.doc 108 of 115 109 of 115 110 of 115 111 of 115 EXHIBIT "D" Conditions of Approval Project name: Galaxy Way Right-of-way Abandonment File number: ABAN 13-001 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 X Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\ABAN 13-001\COA after P&D.doc 112 of 115 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Galaxy Way Right-of-way Abandonment (ABAN 13-001) APPLICANT’S AGENT: Michael Owens, School District of Palm Beach County AGENT’S ADDRESS: 3300 Forest Hill Blvd., Suite C-110, West Palm Beach, FL 33406 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2013 & March 5, 2013 TYPE OF RELIEF SOUGHT: Abandonment of a portion of the 35 foot wide Galaxy Way street right-of-way running in a north-south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. LOCATION OF PROPERTY: NE corner of Boynton Beach Boulevard & Interstate 95 DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 113 of 115 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary School\ABAN 13-001\DO.doc 114 of 115 14. A FUTURE AGENDA ITEMS March 5, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 5, 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: Schedule Closed Door Session to discuss pension EQUESTED CTION BY ITY OMMISSION as it relates to collective bargaining - TBD ER: Staff recommends scheduling the closed door session after XPLANATION OF EQUEST the March election at which time a new Commission will be seated. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 115 of 115