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Agenda 04-02-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, APRIL 2, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large David T. Merker Vice Mayor – District I Woodrow L. Hay Commissioner – District II Michael M. Fitzpatrick 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 339 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick D. Brand Promise Statement Announcement of Election Results Swearing in of Commissioner District IV – Joe Casello Selection of Vice Mayor Swearing in of Vice Mayor 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 the month of April as "Fair Housing Month" in the City of Boynton Beach. B. Proclaim the week of April 14 - April 20, 2013 as National Library Week with Tuesday, April 16, 2013 as National Library Workers Day. C. Proclaim the month of April as the "Water Conservation Month" for the City of Boynton Beach D. Recognition of the Boynton Beach Fire Rescue Department's Employee of the Year for 2012 and the Paramedic of the Year for 2012 E. Proclaim April 17, 2013 as Military Family and Community Covenant Day. F. Proclamation for Dan Hager on his retirement from the City of Boynton Beach "The Links" Municipal Golf Course. G. Proclaim April 9, 2013, as Mayors Day of Recognition for National Service. 3 of 339 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. 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: 1 alternate Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 1 regular and 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 status report of the City of Boynton Beach Economic Development Program Implementation for the period of July 1, 2012 through March 30, 2013. B. Approve renewal of Environmental Impairment Liability (EIL) coverage through Crum & Forster Insurance Company for a five (5) year policy period for a cost of $95,651, plus applicable stamping fees and surcharges if applicable. This quotation has been recommended by C&C Consultants. C. Approve award of the Bid to "FURNISH & INSTALL AN EIGHTY (80) TON TRANE ROOF-TOP CONDENSING UNIT FOR THE CITY OF BOYNTON BEACH LIBRARY" Bid #036-2511-13/JMA to Florida Mechanical LLC of Riviera Beach as the lowest, most responsible, responsive bidder for the amount of $70,024.00. 4 of 339 D. Approve award of the Bid for "250 DIGITALPERSONA FINGERPRINT READERS AND PRO ENTERPRISE AUTHENTICATION SOLUTION FOR THE CITY OF BOYNTON BEACH POLICE DEPARTMENT" , Bid #033-2110- 13/JMA to Nexgen Public Safety Solutions of Casselberry, Florida as the lowest, most responsive, responsible bidder who met all specifications with an amount of $31,252.50. E. Approve amendment to the City of Boynton Beach Pay Plan to add two classification specifications to facilitate the administrative re-organization of the Boynton Beach Links Municipal Golf Course. F. Approve a five(5) year proposal with Computer Sciences Corporation (CSC) for Risk Management Department computer software upgrade to RiskMaster Express from World Version 7.11. G. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the five (5) month period ended February 28, 2013. H. Approve additions and modifications to job classification specifications as part of the reorganization to merge the Human Resources and Risk Management departments. I. Accept the resignation of Halena Wolf, a regular member of the Arts Commission J. Approve the minutes from the Regular City Commission meeting held on March 19, 2013 K. Accept plan to place a monument in Veterans Memorial Park that incorporates the WTC Steel artifact received from the 9-11 Foundation and approve moving forward with selecting the specific site and soliciting private funds to pay for all costs to build and place the monument in Veterans Memorial Park 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R13-028 A. - Approve a Three Year Contract with Zambelli Fireworks to provide the fireworks display for the July 4th Fireworks Display for the City of Boynton Beach; RFP No.: 032-2710-13/JMA. The proposed cost for the fireworks display is $37,855. for 2013; $38,555. in 2014; and $39,855. in 2015. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 5 of 339 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve a New Site Plan (NWSP 13-002) to allow construction of 88 multi- family rental units in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Alfred LaFave with Olen Development Corporation PROPOSED ORDINANCE NO. 13-005 - SECOND READING B. - Approve Manatee Seaview Apartments (LUAR 13-001) reclassifying subject property from High Density Residential (HDR) to Special High Density Residential (SHDR); and PROPOSED ORDINANCE NO 13-006 - SECOND READING - Approve Manatee Seaview Apartments request for rezoning from Multi-Family Residential (R-3) and Infill Planned Unit District (IPUD) to a single Infill Planned Unit District (IPUD) consisting of a new master plan with 88 multi-family rental units. Applicant: Alfred LaFave with Olen Development Corporation. PROPOSED RESOLUTION NO. R13-027 - SECOND READING C. - Amending and re-designating Brownfield areas all within the boundaries of the Boynton Beach Community Redevelopment Area. 10. CITY MANAGER’S REPORT A. Confirm Budget Workshop dates and times for July 22nd through July 24th, 2013. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. Request a private attorney-client session of the City Commission, Pursuant to Section 286.011(8), Florida Statutes, to be held on Thursday, April 4, 2013, to discuss pending litigation in the following case: 1. DAVID FLOERING, Petitioner vs. CITY OF BOYNTON BEACH, Respondent – Case No. 502012CA019202XXXXMB AN 2. ROBERT SCOTT CHANDLER, Petitioner vs. CITY OF BOYNTON BEACH , Respondent – Case No. 2012-CA023348-XXXXMB AO 3. JOEL EDWARD CHANDLER, Petitioner vs. CITY OF BOYNTON BEACH, Respondent – Case No. 502012CA022906XXXXMB AE 6 of 339 4. CITY OF BOYNTON BEACH, Plaintiff vs, FRANK JANOTS, THEODORE RYAN, et al. Defendants – Case No. 502003CA010606XXED AJPlease provide title of motion or action request of City Commission here. 14. FUTURE AGENDA ITEMS A. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan Implementation - April 16, 2013 B. Discuss renovation and/or relocation of Police Headquarters and City Hall Campus - May 7, 2013 C. Update on Utilities CAP Fees - 4/16/13 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. 7 of 339 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 the month of April as "Fair Housing EQUESTED CTION BY ITY OMMISSION Month" in the City of Boynton Beach. The anniversary of the enactment of Title VIII of the 1968 ER: XPLANATION OF EQUEST Civil Rights Law during the month of April is an opportunity for us to rededicate ourselves in efforts to eliminate housing discrimination wherever they occur. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to make the proclamation. LTERNATIVES 8 of 339 The strength of our nation, and all of its states, flows from the promise of individual equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues. The anniversary of the enactment of Title VIII during the month of April is an occasion for Americans, individually and collectively, to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur. Since fair housing is consistent with the principle of equality and justice for all, we all need to share in the fight to ensure fair housing is a reality for all residents. Fair Housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement and support of all our citizens. The City will continue to provide the necessary leadership to make fair housing not just an idea but an ideal for all our residents through our continued partnership with the Legal Aid Society of Palm Beach County, Inc. – Fair Housing Department. NOW, THEREFORE, I, Gerald Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 2013 as: Fair Housing Month and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City nd of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 2 Day of April, Two Thousand Thirteen. _______________________________ Gerald Taylor, Mayor City of Boynton Beach ATTEST: __________________________ City Clerk (Corporate Seal) 9 of 339 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 the week of April 14 - April 20, 2013 as EQUESTED CTION BY ITY OMMISSION National Library Week with Tuesday, April 16, 2013 as National Library Workers Day. ER: In the mid-1950s, research showed that Americans were XPLANATION OF EQUEST spending less on books and more on radios, televisions and musical instruments. Concerned that Americans were reading less, the American Library Association (ALA) and the American Book Publishers formed an organization to encourage people to read in their increasing leisure time, improve incomes and health and develop a strong and happy family life. In 1957, the committee developed a plan for National Library Week based on the idea that once people were motivated to read, they would support and use libraries. With the cooperation of ALA and with help from the Advertising Council, the first National Library Week was observed in 1958 and has continued through the years. H? The Proclamation will promote OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public awareness of all the Library’s services and increase its customer patronage. FI: N/A ISCAL MPACT A: Not approve the Proclamation. LTERNATIVES 10 of 339 P ROCLAMATION WHEREAS , libraries are the heart of their communities, campuses and schools; WHEREAS ,librarians work to meet the changing needs of their communities, including providing resources for everyone and bringing services outside of library walls; WHEREAS , libraries and librarians bring together community members to enrich and shape the community and address local issues; WHEREAS , librarians are professionally trained, tech-savvy professionals, providing technology training and access to a large selection of databases; WHEREAS , libraries offer programs to meet community needs, providing residents free adult literacy tutoring, after school homework help for kids and teens and adult educational and entertainment programs; WHEREAS , libraries continuously grow and evolve in how they provide for the needs of every member of their communities such as helping the unemployed find jobs, helping citizens apply for government assistance; providing free computer training; providing access to download free eBooks through OverDrive and to download free music through Freegal; WHEREAS , libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE , be it resolved that I, Jerry Taylor, Mayor of the City of Boynton Beach, proclaim National Library Week, April 14-20, 2013. I encourage all residents to visit the Boynton Beach City Library this week to take advantage of the wonderful Library resources available @ your Library. IN WITNESS WHEREOF , I have hereunto set my hand and caused the official seal of nd the City of Boynton Beach, Florida to be affixed to this proclamation on the 2 day of April, Two Thousand Thirteen. ________________________________ Jerry Taylor, Mayor City of Boynton Beach ATTEST: _________________________ City Clerk (Corporate Seal) 11 of 339 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 the month of April as the "Water EQUESTED CTION BY ITY OMMISSION Conservation Month" for the City of Boynton Beach ER: Please see the attached proclamation XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not make the proclamation. LTERNATIVES 12 of 339 P R O C L A M A T I O N WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Boynton Beach are working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida’s precious water resources; and WHEREAS, the City of Boynton Beach encourages and supports water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community; and NOW, THEREFORE, I, Jerry Taylor, Mayor, of the City of Boynton Beach, Florida do hereby proclaim the month of April 2013 as “WATER CONSERVATION MONTH” and call upon each citizen and business in City of Boynton Beach to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Seal of the City of Boynton Beach to be affixed this 2nd day of April, 2013. ___________________________ Jerry Taylor, Mayor ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 13 of 339 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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: Recognition of the Boynton Beach Fire Rescue EQUESTED CTION BY ITY OMMISSION Department's Employee of the Year for 2012 and the Paramedic of the Year for 2012 ER: This is a request for a short presentation to the Commission XPLANATION OF EQUEST recognizing the Fire Rescue Department’s Employee of the Year (Captain Rani DeMarco) and Paramedic of the Year (Sam Tolbert) H? Recognition of significant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES achievements by these employees is indicated to enhance morale and stimulate other employees to establish and strive for achieving excellence in their profession as members of the Fire Rescue Department. FI: No Fiscal Impact ISCAL MPACT A: Not recognize these employees LTERNATIVES 14 of 339 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 April 17, 2013 as Military Family and EQUESTED CTION BY ITY OMMISSION Community Covenant Day. ER: This proclamation expresses the support and admiration XPLANATION OF EQUEST from the citizens of Boynton Beach to all current and former military personnel for their true and faithful service and further recognizes the tremendous sacrifices of their families. This proclamation will be displayed with many others throughout the state, on a backdrop at the celebrations being held on April 17, 2013 in Tallahassee, Florida. H? This will raise awareness of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Florida Military Family and Community Covenant, Inc. (FMFCC), a not-for-profit whose mission is to recruit a ground swell of civilian support across the State of Florida to support our military families and veterans. FI: N/A ISCAL MPACT A: Not allow proclamation LTERNATIVES 15 of 339 P R O C L A M A T I O N WHEREAS, for more than 230 years, individuals from all walks of life have taken up arms and sworn an oath to support and defend the principles upon which our country was founded; and WHEREAS, whether serving at home or abroad, Florida’s active duty reserve and National Guard military and civil servants, protect our homeland, respond to national disasters, assist humanitarian emergencies and protect against all threats foreign and domestic; and WHEREAS, created in 2008, the United States Army Community Covenant program was designed to foster and sustain effective state and community partnerships with all of the armed services; improving the quality of life for service men and women and their families; and WHEREAS, the State of Florida has conducted a state-wide community covenant signing ceremony; and WHEREAS, community support is essential to the readiness of the military and contributes to strengthening the resilience of U.S. military personnel; and WHEREAS, Americans recognize that military personnel and their families make considerable sacrifices as they defend the Nation, as multiple long deployments frequent moves, visible/invisible wounds of war are a few of the unique stresses military families face; and WHEREAS, today, Floridians support service members, veterans, and their families by stepping forward to help mitigate stresses associated with military life while also striving to inspire their fellow Americans to continue to recognize and support military and veteran families in their communities. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 17, 2013 as: MILITARY FAMILY AND COMMUNITY COVENANT DAY and hereby express their unwavering support and admiration to all current and former military personnel for their true and faithful service and further recognize the tremendous sacrifices of their families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of April, Two Thousand and Thirteen. ________________________________ Jerry Taylor, Mayor ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 16 of 339 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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: Proclamation for Dan Hager on his retirement from EQUESTED CTION BY ITY OMMISSION the City of Boynton Beach "The Links" Municipal Golf Course. ER: Dan Hager is retiring from “The Links” on April 6, 2013 after XPLANATION OF EQUEST 29 years of dedicated service to the City of Boynton Beach, its residents and the golf community. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow the proclamation LTERNATIVES 17 of 339 PROCLAMATION HONORING DAN HAGER ON HIS RETIREMENT FROM THE CITY OF BOYNTON “THE LINKS” GOLF COURSE WHEREAS , Dan Hager is retiring from The City of Boynton Beach Municipal Golf Course effective April 6, 2013; and WHEREAS , Dan Hager began his career with The City of Boynton Beach on May 29, 1984, as the first Assistant Golf Professional of the Boynton Beach Municipal Golf Course named “The Links” just one week before the golf course opened and he has been instrumental in achieving The Links status with Golf Digest as the #1 municipal golf course in Florida; and WHEREAS, Dan started playing golf at the age of 8 and started working in the bag room cleaning clubs at West Palm Beach Country Club at the age of 16. Dan turned professional at the age of 20 and has been a Class “A” PGA professional for 35 years. Dan worked as the Assistant Golf Professional at West Palm Beach Country Club under Dub Pagan, a true legend in the golf industry; and WHEREAS, Dan is a member of the Presidents Council for Growing the Game of Golf and received awards from the Southeast Chapter PGA for “PGA Junior Golf Leader” (1998) and “PGA Merchandiser of the Year Public Category” (2004) and has taken the leadership role in the Junior Golf Program at The Links since 1984. He has hosted the Park Vista High School Invitational, which provides the best of the best a venue to test their skills and an opportunity for significant scholarship dollars; and WHEREAS , Dan has overseen the annual summer kick-off event for the South Florida PGA by hosting the Junior/Senior Championship at The Links since 1999. During his years of service, he was dedicated to his work, which was greatly appreciated by his employer, patrons, and co- workers alike. Due to all these accomplishments and his work with others, Dan will retire as Golf Professional Emeritus at The Links Golf Club, which enables him to continue to promote, teach, and coach both young and old the great game of golf; and NOW, THEREFORE, BE IT PROCLAIMED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA , that the Commission applauds Dan Hager’s efforts on behalf of the City, and the City Commission wishes to express their appreciation for the dedicated service he has given to the City of Boynton Beach for the last 29 years; and BE IT FURTHER PROCLAIMED the City of Boynton Beach City Commission and City Staff extend Dan Hager heartfelt wishes for success in his future endeavors. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of nd Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 2 day of April, Two Thousand Thirteen. ___________________________________________ Jerry Taylor, Mayor City of Boynton Beach ATTEST: _____________________________________ Janet M. Prainito, MMC City Clerk 18 of 339 (Corporate Seal) 19 of 339 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 April 9, 2013, as Mayors Day of EQUESTED CTION BY ITY OMMISSION Recognition for National Service. ER: The nation’s Mayors are increasingly turning to national XPLANATION OF EQUEST service and volunteerism as a cost-effective strategy to address city challenges. To thank those who serve, mayors across the country will participate in the first-ever Mayors Day of Recognition for National Service on April 9, 2013 H? The Proclamation will highlight the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES impact of citizen service, show support for nonprofit and national service groups and inspire more residents to serve in their communities. FI: N/A ISCAL MPACT A: Not approve the Proclamation. LTERNATIVES 20 of 339 P R O C L A M A T I O N WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet city needs; and, WHEREAS, AmeriCorps and Senior Corps address the most pressing challenges facing our cities and nation, from educating students for the jobs of the 21st century and supporting veterans and military families to preserving the environment and helping communities recover from natural disasters; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, national service participants serve in more than 70,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and WHEREAS, national service participants increase the impact of the organizations they serve with, both through their direct service and by recruiting and managing millions of additional volunteers; and, WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and, WHEREAS, AmeriCorps members and Senior Corps volunteers demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities; and is joining with mayors across the country to support the Mayors Day of Recognition for National Service on April 9, 2013. NOW THEREFORE, I, Jerry Taylor, Mayor of Boynton Beach, do hereby proclaim April 9, 2013, as National Service Recognition Day and encourage residents to recognize the positive impact of national service in our city, to thank those who serve, especially Kelley Locher and Victoria Gomez-Morgan; and to find ways to give back to their communities. IN WITNESS WHEREOF , I have hereunto set my hand and caused the Seal of the City of Boynton Beach to be affixed this 2nd day of April, 2013. ___________________________ Jerry Taylor, Mayor _________________________ Janet M. Prainito, MMC 21 of 339 City Clerk (Corporate Seal) 22 of 339 23 of 339 24 of 339 5. A ADMINISTRATIVE April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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: 1 alternate Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 1 regular and 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. 25 of 339 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 26 of 339 27 of 339 28 of 339 29 of 339 30 of 339 31 of 339 32 of 339 33 of 339 34 of 339 35 of 339 36 of 339 37 of 339 6. A CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 status report of the City of Boynton EQUESTED CTION BY ITY OMMISSION Beach Economic Development Program Implementation for the period of July 1, 2012 through March 30, 2013. ER: The City Commission acceptance of the Economic XPLANATION OF EQUEST Development Program at the October 18, 2011 meeting authorized staff to begin implementation of the Economic Development Initiatives & Implementation Plan (EDIIP). The (EDIIP) serves as the work plan for the City based Economic Development team. H? The City continues to demonstrate OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES its commitment and partnership in the efforts to achieve economic stability and growth for both its resident and business communities. Through continued development of programs, streamlining of governmental processes, cooperative partnerships, and identification of viable incentives, the City is positioned to attract and retain both residents and businesses FI: Commission has set aside an allocation of $54,000 of General Fund ISCAL MPACT monies for two incentive grant programs, Commercial Interior Build-Out Grant and Commercial Rent Subsidy Program Grant; and an additional $125,000 of Community Development Block Grant (CDBG) funds as match for Federal, State, County or other agency incentives available to Boynton businesses. A: Not to accept the report. LTERNATIVES 38 of 339 39 of 339 40 of 339 41 of 339 42 of 339 43 of 339 44 of 339 45 of 339 46 of 339 6. B CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 renewal of Environmental Impairment EQUESTED CTION BY ITY OMMISSION Liability (EIL) coverage through Crum & Forster Insurance Company for a five (5) year policy period for a cost of $95,651, plus applicable stamping fees and surcharges if applicable. This quotation has been recommended by C&C Consultants. PP:M1,2013–A30,2018 OLICY ERIOD AY PRIL ER: Environmental Impairment Liability insurance is a XPLANATION OF EQUEST specialized insurance policy that covers liability and sometimes cleanup costs associated with pollution. It is also coverage in the event that negligent acts and/or omissions by individual(s) and organization(s) result in damage to the environment and a liability suit against these parties. EIL covers the Utilities Water and Wastewater infrastructure and underground fuel tanks for the city. The current three (3) year policy (5/1/2010-04/30/2013) expires April 30, 2013 and the program needs to be renewed. The premium for the three (3) policy was $67,924 ($22,641 per year). C & C Consultants obtained quotes from three (3) insurance companies for various policy periods. Below are the comparisons of the quotes: Crum & Forster: One year @ No Quote Two year @ No Quote Three year @ $74,972, $25K SIR, $1M per incident/$2M per aggregate $64,796, $50K SIR, $1M per incident/$2M per aggregate 47 of 339 Five year @ $106,244, $25K SIR, $1M per incident/$2M per aggregate $95,651, $50K SIR, $1M per incident/$2M per aggregate Admiral Insurance Company: One year @ $29,532, $50K SIR, $1M per incident/$2M per aggregate Two year @ $50,205, $50K SIR, $1M per incident/$2M per aggregate Three year @ $67,924, $50K SIR, $1M per incident/$2M per aggregate Five year No Quote XL Insurance Company: One year @ $31,103, $25K SIR, $1M per incident/$2M per aggregate Two year @ No Quote Three year @ $66,646, $25K SIR, $1M per incident/$5M per aggregate Five year No Quote Staff is recommending the five (5) year option with a premium cost of $95,651 ($19,130) from Crum & Forster Insurance Company. The City’s prior premium cost was for a three (3) period for a cost of $67,924 ($22,641 per year). The recommended quote has a $50,000 Per Pollution Incident deductible. It would be advantageous to accept the five (5) year policy realizing an annual savings of $3,511 with a total savings over the course of the five years of $17,555. The coverage is consistent with the current policy and is at the levels that the City has maintained for the last 15 years. Also, please note the A.M. Best Company Ratings for both Financial Strength and Issuer Credit Rating are Excellent. H? This will continue the current EIL OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES coverage with three additional lift stations with a savings of $17,555 over the five (5) year policy premium over the current premium. FI: The cost of this policy is included in the Risk Management Budget Line ISCAL MPACT item 522-1710-519-45.04. A: Do not purchase and assume the risk of any future claims resulting from LTERNATIVES an environmental incident. Although the frequency of such a claim is relatively low the assessed value could be extremely severe. It is recommended that this insurance coverage be continued. 48 of 339 49 of 339 50 of 339 51 of 339 52 of 339 53 of 339 54 of 339 55 of 339 56 of 339 57 of 339 58 of 339 59 of 339 60 of 339 61 of 339 62 of 339 63 of 339 64 of 339 65 of 339 66 of 339 67 of 339 68 of 339 69 of 339 70 of 339 71 of 339 72 of 339 73 of 339 74 of 339 6. C CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 award of the Bid to "FURNISH & EQUESTED CTION BY ITY OMMISSION INSTALL AN EIGHTY (80) TON TRANE ROOF-TOP CONDENSING UNIT FOR THE CITY OF BOYNTON BEACH LIBRARY" Bid #036-2511-13/JMA to Florida Mechanical LLC of Riviera Beach as the lowest, most responsible, responsive bidder for the amount of $70,024.00. ER: On March 6, 2013, Procurement Services opened six (6) XPLANATION OF EQUEST Bids and three (3) No Bids submitted in response to the Invitation to Bid #036-2511- 13/JMA to furnish & install an Eighty Ton TRANE Roof-Top Condensing Unit for the Library. All bids were reviewed by the Facilities Management Supervisor, who recommended that this work be awarded to Florida Mechanical LLC as the lowest, most responsible, responsive bidder, in the amount of $70,024.00. H? The purpose of this bid was to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES contract with a vendor to both furnish and install the roof-top condenser to replace the existing condenser which is approximately 10 years old, near the end of its life cycle, and failing. This condenser provides air conditioning for the entire south end, or older section, of the Library. This element was not included in the Library renovation project completed in 2009. FI: Funding is budgeted in CIP Acct. #304-4104-571-61.18 / GG1201, in ISCAL MPACT the amount of $100,000 A: Wait until the condensing unit completely fails. This would require LTERNATIVES portable air units while awaiting the bid process and the 6-8 week lead time for the unit. 75 of 339 76 of 339 77 of 339 78 of 339 79 of 339 80 of 339 81 of 339 82 of 339 83 of 339 84 of 339 85 of 339 86 of 339 87 of 339 88 of 339 89 of 339 90 of 339 91 of 339 92 of 339 93 of 339 94 of 339 95 of 339 96 of 339 97 of 339 98 of 339 99 of 339 100 of 339 101 of 339 102 of 339 103 of 339 6. D CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 award of the Bid for "250 EQUESTED CTION BY ITY OMMISSION DIGITALPERSONA FINGERPRINT READERS AND PRO ENTERPRISE AUTHENTICATION SOLUTION FOR THE CITY OF BOYNTON BEACH POLICE DEPARTMENT" , Bid #033- 2110-13/JMA to Nexgen Public Safety Solutions of Casselberry, Florida as the lowest, most responsive, responsible bidder who met all specifications with an amount of $31,252.50. ER: On February 26, 2013, the Finance Department opened and XPLANATION OF EQUEST tabulated two (2) bids and one (1) no bid. All bids were reviewed by the Technical Services Manager. It was determined to recommend this award to Nexgen Public Safety Solutions of Casselberry, Florida as the lowest, most responsive, responsible bidder. H? The CJIS Security Policy is OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES published by the FBI in partnership with the CJIS Advisory Policy Board (APB). The goal of the Security Policy is to provide a unified set of standards and best practices to ensure that criminal justice information (CJI) is kept secure and only accessed by authorized personnel in the performance of their duties and that appropriate controls are in place to protect CJI, from creation through dissemination; whether at rest or in transit. The Florida Crime Information Center (FCIC), a division of the FDLE is responsible for the administration and maintenance of Florida’s CJIS network which is used by criminal justice agencies to access federal CJI. In addition, FCIC serves as the FBI’s CJIS Systems Agency (CSA) and has overall responsibility for the administration and usage of the FBI CJIS Division programs by authorized agencies within the State of Florida. 104 of 339 The CJIS Systems Officer (CSO), an individual located within the CSA, is responsible for the administration of the CJIS network for the CSA and ensures compliance with policies approved by the APB and adopted by the FBI and as such is responsible for ensuring that all elements contained in CJIS Security Policy 5.0 (CJISD-ITS-DOC- 08140-5.0) are met and implemented. The purpose of this bid was to secure prices for the purchase of DigitalPersona advanced authentication technology hardware and software to integrate with the Police Department VPN, and Windows Active Directory environment and to meet and/or exceed requirements as outlined in the Federal Bureau of Investigation’s (F.B.I.) Criminal Justice Information Services (CJIS) Security Policy, Section 5.6.2.2. This Security Policy requires stronger password management and Advanced Authentication (AA) requirements so as to maintain the security of our nation’s criminal justice systems data and records. It is the intent of the Boynton Beach Police Department (BBPD) to utilize biometric systems (fingerprints) to provide Advanced Authentication. The implemented solution will: -Integrate with Boynton Beach Police Department’s (Virtual Private Network) VPN solution. -Integrate with Boynton Beach Police Department’s Windows Active Directory environment. -Be simple to deploy and manage. -Have demonstrated success in addressing the Advanced Authentication component of the CJIS Mandate. -Offer a low total cost of ownership. -Be transparent to the end user. -Work on a variety of platforms including PCs and laptops. -Correctly identify authorized users and reject unauthorized users. -Require no additional appliances and/or hardware other than fingerprint readers. FI: The $31,252.50 will be taken from the Federal Law Enforcement Trust ISCAL MPACT Fund account (691-0000-247-04-22) which currently shows a balance of $363,602.99. Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statues, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the Chief of Police to the governing body of the municipality. This expenditure meets the requirements of the statute in that the law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point. A: There are two alternatives. The first is to send out another bid request LTERNATIVES for a more expensive/complicated solution to the security requirement. The second is to do nothing, which will cause FDLE/FBI to withdraw the Police Department’s certification to operate as a Law Enforcement Agency due to non-compliance. 105 of 339 106 of 339 107 of 339 108 of 339 109 of 339 110 of 339 111 of 339 112 of 339 113 of 339 114 of 339 115 of 339 116 of 339 117 of 339 118 of 339 119 of 339 120 of 339 121 of 339 122 of 339 123 of 339 124 of 339 125 of 339 126 of 339 127 of 339 128 of 339 129 of 339 130 of 339 131 of 339 132 of 339 133 of 339 134 of 339 135 of 339 136 of 339 137 of 339 138 of 339 139 of 339 6. E CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 amendment to the City of Boynton Beach EQUESTED CTION BY ITY OMMISSION Pay Plan to add two classification specifications to facilitate the administrative re-organization of the Boynton Beach Links Municipal Golf Course. ER: Due to the impending retirement of Dan Hager, Manager of XPLANATION OF EQUEST Golf Operations at the municipal golf course, staff has re-organized the administrative span of control of the department in an effort to reduce labor costs and increase efficiencies without sacrificing customer service. The Golf Course Department has been directed for the past ten years by two Division Heads, Dan Hager, Manager of Golf Operations and Scott Wahlin, Manager of Maintenance Operations. These two positions served as co-department heads. The re-organization plan calls for an elimination of these two positions and replaces them with one Golf Course Manager, who would serve as the sole department head, and one Head Golf Professional to supervise the Golf Operations Division. The Head Professional position would be filled by promoting one of the six Assistant Golf Professionals currently on staff and replacing their labor with one FTE Cart Attendant. H? This should have no negative OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES impact on customer service or the amount of programs offered. FI: This re-organization plan will reduce labor costs by $72,000 annually. ISCAL MPACT A: Not approve the classification specifications. LTERNATIVES 140 of 339 Class Code 63019 Grade: 27 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: Golf Course Manager PURPOSE OF CLASSIFICATION The purpose of this classification is to set operating policies, within budget limitations and City Commission directives, for Golf Course Department; to monitor policy implementation; and to set a high standard of customer service to insure the golf course’s continued success. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Creates and implements operational policies for the department, to include the administrative, maintenance, and carts division; defines priority goals for senior staff; creates and implements programs. Formulates and administers budget; prepares and analyzes reports, including golf on rounds, pro shop merchandising, effect of promotions and operational policy changes, etc. Directs capital improvement and renewal and replacement projects. Manages, coordinates and supervises golf course purchases; prepares specifications and administers contracts/service agreements. Promotes the game and course to residents through public speaking and writing. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; documents both compliments and criticism of work of departmental employees; hires and trains employees. Serves on senior staff teams to solve City-wide problems and concerns; serves as liaison for City with Golf Course Advisory Board; networks with other golf professionals, club managers, superintendents, assistants, and other golf course personnel to improve course operation. Complies with all safety policies/procedures of City; anticipates and corrects safety dangers at the golf course; communicates City policies and directives to golf course staff. 141 of 339 ADDITIONAL FUNCTIONS Picks up trash and cleans counter tops, sinks, etc.; restocks restrooms as needed. Answers the telephone; records messages on telephone equipment; takes tee times. Monitors range ball supplies. Administers CPR and minor first aid. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor’s degree in business administration, public administration, or closely related field; supplemented by three (3) years previous experience and/or training that includes administration of public golf course operations. Must possess and maintain a valid Florida driver’s license. KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of Golf Course operations. Knowledge of City Policy and Procedures. Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. 142 of 339 PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability : Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements : Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, temperature extremes, machinery, lighting, toxic agents, or pathogenic substances. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 143 of 339 Class Code 63029 Grade: 16 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: HEAD GOLF PROFESSIONAL PURPOSE OF CLASSIFICATION The purpose of this classification is to ensure the golf course runs smoothly and efficiently and to promote golf to the public. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Ensures the golf course runs smoothly; supervises the Assistant Golf Professionals; Player Assistants; Cart Attendants; Range Attendants; exhibits congeniality; communicates with customers; processes and addresses customer concerns; answers the telephone; takes starting times; programs the information recorder; monitors radio transmissions. Oversees the pro shop operation; organizes a pro shop merchandising plan; inventories and orders pro shop merchandise; displays and sells merchandise; operates the cash register; maintains cleanliness of pro shop; meets with manufacturers’ sales representatives. Promotes and teaches the game of golf. Supervises, directs, communicates with, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; interviews and approves hiring of employees; trains employees; conducts monthly staff meetings. Prepares and submits reports, assists in creating and monitoring golf course budget; oversees inventory reports and controls; monitors labor usage; approves scheduling; writes complimentary memorandums; monitors and administrates pace of play program. Attends educational seminars. ADDITIONAL FUNCTIONS Performs other related duties as required. 144 of 339 MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by three (3) years previous experience and/or training that includes experience at a public golf course and merchandising. (5) years previous Head Professional experience preferred. Must possess and maintain Professional Golf Association Class “A” Professional status in good standing and maintain current CPR/AED certification. KNOWLEDGE, SKILLS, AND ABILITIES Data Utilization : Requires the ability to calculate and/or tabulate data. Includes performing subsequent actions in relation to these computational operations. Human Interaction : Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment, Machinery, Tools, and Materials Utilization : Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude : Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude : Requires the ability to perform addition, subtraction, multiplication, and division. Functional Reasoning : Requires the ability to carry out instructions furnished in written, oral, or diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment concerning choices of action. Situational Reasoning : Requires the ability to exercise judgment, decisiveness and creativity in situations involving a variety of generally pre-defined duties which are often characterized by frequent change. PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability : Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements : Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, temperature extremes, or ultraviolet rays. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both 145 of 339 prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 146 of 339 147 of 339 6. F CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 a five(5) year proposal with Computer EQUESTED CTION BY ITY OMMISSION Sciences Corporation (CSC) for Risk Management Department computer software upgrade to RiskMaster Express from World Version 7.11. ER: The Risk Management department uses a software system XPLANATION OF EQUEST named RiskMaster World 7.11, which provides the ability to manage workers comp and other claims as well as general liability and property damage for the organization. The City has utilized the current software in excess of ten (10) years and due to the age of the software, the vendor has put the City on notice that support for this version will soon be discontinued. The current annual cost of annual support is $9,000 per year. CSC is proposing an upgrade to RiskMaster Express, which will have the software system hosted in “the cloud” at the vendor’s secure data centers. This will allow the system to be available by any web-connected PC, providing a higher degree of flexibility and disaster recovery, yet still providing the availability and security of our software and data. The cost of the upgrade will have a one-time set-up fee of $4,000. The monthly hosting fee will be $575 per month for the first two years, increasing to $775 per month for years three, four and five. Annual support costs will be $6,000 for the first two years, and $7,000 for years three, four and five. The Annual support fee will include all updates and enhancements to the software, as well as ongoing support and training webinars. 148 of 339 H? This will continue to provide the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES necessary means to maintain and enhance the capabilities to enter, track and analyze data for past and current claims. FI: Costs will be charged to account 522-1710-519-64.14 ($4,000 one-time ISCAL MPACT set-up fee) and the remainder of the costs to 522-1710-519-46.91. A: Not approve the proposal, however, this software system provides an LTERNATIVES essential function in the Risk Management department. Failure to upgrade the system will eventually result in a complete system failure and the inability to manage claims efficiently and accurately for the City’s Risk Management Program. 149 of 339 150 of 339 151 of 339 152 of 339 6. G CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the five (5) month period ended February 28, 2013. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the five (5) month period ended February 28, 2013 (42% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 153 of 339 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 40,94559%$ 65,142$ 38,238 59%6%7% Expenditures$ (68,822)$ (33,214)48%$ (65,142)$ (31,031)48%6%7% Excess (Deficit)$ -$ 7,731$ -$ 7,207 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 fifth month in FY 2012-13, revenues and transfers realized are approximately $40.9 M of the budget estimate compared to $38.2 M 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 $19.2 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 $1.88 M or 42% actual collected compared to $1.93 M or 43% in FY 2011-12. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2012-13, $1.27 M or 93% has been collected which is almost equivalent to the FY 2011-12 amount. State Shared revenues 3. of $2.76 M have been collected in FY2012-13 as compared to $2.63 M received in FY 2011-12. Public Safety revenues 4. at this point is on track with the budgeted amount; $1.66 M 154 of 339 was received compared to $1.71 M 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 five month period ending February 28 (42% of the fiscal year) are $33.2 M that is 48% of the $68.8 M expenditure appropriation for FY 2012-13. The table at the top of Exhibit B displays actual expenditures of $ 33.2 M or 48% of the FY 2012-13 budget. At this point in the fiscal year, we are ahead of spending levels compared to the $31.0 M actual spending levels in FY 2011-12 for this same period. 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 five month period in FY 2012-13,  Revenues realized are $15.6 M (42%) of the annual budget estimate.  Expenditures incurred are $15.8 M (43%) of the annual appropriated budget. This results in a shortfall of expenditures over revenues of approximately $ 192 K. FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 15,57742%$ 37,397$ 15,529 42%-2%0% Expenditures$ (36,758)$ (15,769)43%$ (37,397)$ (13,077)35%-2%21% Excess (Deficit)$ -$ (192)$ -$ 2,452 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $15.58 M in FY 2012-13 actual revenues and fund balance increase are on target similarity to the $15.53 M to date in FY 2011-12, because of two factors:  Water Sales - $7.6 M equivalent to 43% of the annual estimate, compared to 155 of 339 $7.4 M (40%) 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 $15.77 M or 43% of the annual appropriation compared to expenditures of $13.08 M or 35% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund that is in the FY 2012-13 budget. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 156 of 339 157 of 339 158 of 339 159 of 339 160 of 339 6. H CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 additions and modifications to job EQUESTED CTION BY ITY OMMISSION classification specifications as part of the reorganization to merge the Human Resources and Risk Management departments. ER: XPLANATION OF EQUEST As a result of the passing of the City’s Risk Manager in February 2013, City staff is implementing a reorganization in which the Risk Management department would merge with the Human Resources department. This reorganization will allow the City to utilize the talent of current staff through the addition and redistribution of job responsibilities and realize an annual savings of $60,000. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The creation of the Human Resources and Risk Management Department will streamline the services provided to the City’s internal and external customers as there are many facets of the individual departments that overlap. This merger will allow for the complement of staff to work more closely together on critical initiatives and services. Attachment Human Resources and Risk Management Department Organization Chart FI: ISCAL MPACT Estimated annual savings: $60,000 By not filling the Risk Manager position and through the reclassifications and additions of responsibilities to positions, the reorganization into the Human Resources and Risk 161 of 339 Management Department will result in an estimated personnel savings of $60,000. Some operating savings may also be realized at the conclusion of the consolidation of the departments, which would be realized for the FY2013/2014 budget. The following positions are recommended for reclassification into job classification specifications and pay grades commensurate with responsibilities of the positions and internal/external pay equity. Director of Human Resources to Director of Human Resources and Risk Management Current Grade: 39 ($78,177 - $117,267) Recommended Grade: 43 ($85,804 - $128,707) Reports to: City Manager Increased responsibilities in direction and accountability for an additional department. Aligned internally and externally with other positions of equivalent responsibility Claims Administrator to Risk Administrator Current Grade: 20 ($47,465 - $71,197) Recommended Grade: 25 ($54,912 - $82,369) Reports to: Director of Human Resources & Risk Management Increased responsibilities from managing risk claims to all aspects of risk administration, including settlement negotiation and managing liability insurance. (2) Human Resources Generalist to (2) Human Resources Administrator Current Grade: 20 ($47,465 - $71,197) Recommended Grade: 26 ($56,404 - $84,606) Reports to: Director of Human Resources & Risk Management Serve as Human Resources Managers to designated departments Assist Human Resources Director in performing all aspects of HR related functions Ability to serve as “acting” Director of Human Resources and Risk Management when necessary Human Resources Project Manager to HR/Risk Project Manager Current Grade: 20 ($47,465 - $71,197) Recommended Grade: 22 ($50,444 - $75,666) Reports to: Director of Human Resources & Risk Management Assuming management and supervisory responsibilities for (2) HR/Risk Assistants and (1) HR/Risk Coordinator. Risk Assistant to HR/Risk Assistant Current Grade: 06 ($26,608 - $39,913) Recommended Grade: 08 ($29,588 – $44,382) Reports to: HR/Risk Project Manager 162 of 339 Increased responsibilities to include administrative support of human resources- related functions in addition to existing responsibilities in support of risk management. (1) Human Resources Generalist to (1) HR/Risk Assistant Current Grade: Grade 20 ($47,465 - $71,197) Human Resources Generalist Recommended Grade: 08 ($29,588 - $44,382) HR/Risk Assistant Reports to: HR/Risk Project Manager The following positions are recommended for a change of the job classification specification title (no recommended changes in grades): Environmental Health and Safety Administrator to Safety Administrator Reports to: Director of Human Resources & Risk Management Human Resources Coordinator to HR/Risk Coordinator Reports to: HR/Risk Project Manager A: LTERNATIVES Do not approve the job classification specifications and the recommended reorganization and maintain the current department and proceed with replacing the Risk Manager. This would not allow the City to take advantage of efficiencies from consolidating the departments and the related savings. 163 of 339 164 of 339 165 of 339 166 of 339 167 of 339 168 of 339 169 of 339 170 of 339 171 of 339 172 of 339 173 of 339 174 of 339 175 of 339 176 of 339 177 of 339 178 of 339 179 of 339 180 of 339 181 of 339 182 of 339 6. I CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 Halena Wolf, a regular EQUESTED CTION BY ITY OMMISSION member of the Arts Commission ER: Halena Wolf has submitted her resignation as a Regular XPLANATION OF EQUEST member of the Arts Commission. H? The Arts Commission will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 183 of 339 6. J CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 March 19, 2013 The City Commission met on March 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 184 of 339 185 of 339 186 of 339 187 of 339 188 of 339 189 of 339 190 of 339 191 of 339 192 of 339 193 of 339 194 of 339 195 of 339 196 of 339 197 of 339 198 of 339 199 of 339 200 of 339 6. K CONSENT AGENDA April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 plan to place a monument in Veterans EQUESTED CTION BY ITY OMMISSION Memorial Park that incorporates the WTC Steel artifact received from the 9-11 Foundation and approve moving forward with selecting the specific site and soliciting private funds to pay for all costs to build and place the monument in Veterans Memorial Park ER: This is a request for a short presentation to the Commission XPLANATION OF EQUEST explaining the concept of the memorial, show an artists rendering of the memorial, and requesting approval to move forward with an initiative to seek private funding for the memorial. H? Recognition of the significant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES events of September 11, 2001 with an appropriate memorial that incorporates a piece of steel from the World Trade Center and verbiage recognizing the loss of lives at the World Trade Center, the Pentagon, and Shankesville, PA. FI: No Fiscal Impact ISCAL MPACT A: No memorial or utilization of steel from the World Trade Center LTERNATIVES 201 of 339 7. A BIDS AND PURCHASES OVER $100,000 April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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. R13-028 - EQUESTED CTION BY ITY OMMISSION Approve a Three Year Contract with Zambelli Fireworks to provide the fireworks display for the th July 4 Fireworks Display for the City of Boynton Beach; RFP No.: 032-2710-13/JMA. The proposed cost for the fireworks display is $37,855. for 2013; $38,555. in 2014; and $39,855. in 2015. CONTRACTPERIOD:JULY4,2013;2014,2015 ER: On February 21, 2013, Procurement Services received and XPLANATION OF EQUEST th opened four proposals in response to the “RFP for a Three Year Contract for the July 4 Fireworks Display for the City of Boynton Beach”. RFP No.: 032-2710-13/JMA. The City th is organizing the annual July 4 fireworks celebration to be launched from a barge on the Intracoastal Waterway across from the Intracoastal Park. The Evaluation Committee of Wally Majors, Recreation and Parks Director; Virginia Shea, Senior Recreation Manager; and Kathy Biscuiti, CRA Special Events Director reviewed and ranked the four proposals. The Evaluation Committee recommendation is to award to Zambelli Fireworks as the most responsive, responsible bidder meeting all specifications. The RFP may be renewed for two (2) additional one-year periods at the same terms, conditions, and prices subject to satisfactory performance, vendor acceptance, and determination that renewal will be in the best interest of the City. The CRA has organized and contracted for the fireworks display for the years 2008 through 2012. During the Fiscal Year 2012/2013 budget process, the City agreed to 202 of 339 th assume responsibility for the July 4 fireworks display and celebration and included funds in the FY 2012/2013 budget. th Actual expenditures for the July 4 fireworks program paid by the CRA for the previous three year period are as follow: 2012 $50,000. 2011 $45,000. 2010 $48,000. H? Although the Recreation and Parks OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Department is taking the lead role in organizing this event, various City departments will th be involved in the safety and success of the July 4 celebration, including the Police, Fire, and Public Works Departments. th FI: Funding for the July 4 Fireworks Display are available in the City Hall ISCAL MPACT Special Events account no. 001-1211-512-48-24. A: Do not approve this contract and either re-advertise or not hold the LTERNATIVES th annual July 4 Fireworks Display. 203 of 339 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE YEAR PROPOSAL BETWEEN THE CITY OF BOYNTON BEACH AND ZAMBELLI FIREWORKS MANUFACTURING CO., TO TH PROVIDE THE CITY’S ANNUAL JULY 4 FIREWORKS DISPLAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 21, 2013 Procurement Services received and opened four th proposals in response to the “RFP for a Three Year Contract for the July 4 Fireworks Display for the City of Boynton Beach” RFP No. 032-2710-13/JMA; and WHEREAS , the Evaluation Committee reviewed and ranked the four proposals recommending to award Zambelli Fireworks Manufacturing Co., the three year contract as the most responsive, responsible bidder meeting all specifications; and WHEREAS , City staff recommends to the City Commission that it approve the three year proposal between the City of Boynton Beach and Zambelli Fireworks Manufacturing th Co, for the Annual July 4 Fireworks Display. 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, hereby approves the three year proposal between the City of Boynton Beach and Zambelli Fireworks th Manufacturing Co, for the Annual July 4 Fireworks Display, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. 204 of 339 PASSED AND ADOPTED this ______ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Michael Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 205 of 339 206 of 339 207 of 339 208 of 339 209 of 339 210 of 339 211 of 339 212 of 339 213 of 339 214 of 339 215 of 339 216 of 339 217 of 339 218 of 339 219 of 339 220 of 339 221 of 339 222 of 339 223 of 339 224 of 339 225 of 339 226 of 339 227 of 339 228 of 339 229 of 339 230 of 339 231 of 339 232 of 339 233 of 339 234 of 339 235 of 339 236 of 339 237 of 339 238 of 339 239 of 339 240 of 339 241 of 339 242 of 339 243 of 339 244 of 339 245 of 339 246 of 339 247 of 339 248 of 339 249 of 339 250 of 339 251 of 339 252 of 339 253 of 339 254 of 339 255 of 339 256 of 339 9. A PUBLIC HEARING April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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 a New Site Plan (NWSP 13-002) to allow EQUESTED CTION BY ITY OMMISSION construction of 88 multi-family rental units in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Alfred LaFave with Olen Development Corporation ER: Mr. Alfred LaFave is requesting new site plan approval to XPLANATION OF EQUEST construct 88 multi-family dwelling units on a 4.52-acre site, which would be a project density of 19.46 dwelling units per acre. The maximum density allowed by the Special High Density Residential (SHDR) land use classification is 20 dwelling units per acre. The intent of this project is to unify it with the abutting Manatee Bay Apartments to the north and treat it as a subsequent phase. It is staff’s opinion that combining this project with the existing Manatee Bay Apartments to the north results in a overall design that is superior than the previously approved Seaview Park Club site plan, which was an individual, stand-alone project. With the proposed design, the subject property would utilize the ingress/egress, recreation areas, and trash receptacles of Manatee Bay Apartments. According to the applicant, “both properties will act as one community with one main entry and with equal access to all amenities. Existing amenities at Manatee Bay Apartments include private white sand beach, waterfront pool and Jacuzzi, waterfront bar (community room), BBQ area, fishing and boat dock, grand salon, media center with game tables, state of the art fitness center, and an historic nature preserve with scenic walking tour.” With respect to trash collection, the applicant states, “all residents will continue to utilize the 40 cubic yard trash compactor near the main entrance to Manatee Bay. The compactor has sufficient capacity and collection periods that can easily be modified if quantity increases dramatically. Trash collection is currently contracted for two (2) collections per week.” The IPUD zoning district allows a maximum building height of 45 feet (up to four (4) stories tall). The project proposes four (4) buildings and all would comply with code with respect to building height. The westernmost building would be the only building that is 3-stories tall. The other 257 of 339 three (3) buildings would be 2-stories tall. The location of the 3-story building (Type 3) is proposed closest to US1 in order to 1) maximize compatibility with abutting commercial properties to the north and south because they too allow for a maximum building height of 45 feet; and 2) to minimize the potential for visual impacts to the single-family neighborhood to the south where building heights are restricted to a maximum of 30 feet. All apartment buildings are designed with flat roofs and enhanced with decorative pyramidal hip towers located equidistant from each other. The highest point of the 3-story building would be 36 feet – seven (7) inches above grade, measured at the ridge line of each tower. It should be noted however, that while not depicted on the drawings, the proposed building height (as defined by code) would actually be less than that which is illustrated on the elevation drawings, as measured from the mid-point of the hip towers instead of the ride line. With respect to the ridge line of the 2-story buildings, the highest point would be 28 feet – one (1) inch above grade. However, again, the actual height of the deck line would be less. Staff has reviewed this request for New Site Plan and recommends approval of the plans presented in the attachments, subject to satisfying all comments indicated in Conditions of Approval - Exhibit “C.” H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The project would expand the City tax base. Apartment projects have higher ISCAL MPACT tax impact than owner-occupied dwelling units, since they are not eligible for homestead exemptions. Staff anticipates the annual taxes and fees collected from the project would be as follows: $35,000 Property tax; $51,800 Water, sewer, and stormwater fee; $11,352 Refuse collection fee $7,744 Fire assessment fee; and $100 Fire inspection. A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES 258 of 339 259 of 339 260 of 339 261 of 339 262 of 339 263 of 339 264 of 339 265 of 339 266 of 339 267 of 339 268 of 339 269 of 339 270 of 339 271 of 339 272 of 339 273 of 339 274 of 339 275 of 339 276 of 339 277 of 339 278 of 339 279 of 339 280 of 339 281 of 339 282 of 339 283 of 339 284 of 339 285 of 339 286 of 339 287 of 339 288 of 339 289 of 339 290 of 339 291 of 339 292 of 339 293 of 339 294 of 339 295 of 339 296 of 339 297 of 339 298 of 339 299 of 339 300 of 339 301 of 339 302 of 339 303 of 339 304 of 339 9. B PUBLIC HEARING April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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. 13-005 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Approve Manatee Seaview Apartments (LUAR 13-001) reclassifying subject property from High Density Residential (HDR) to Special High Density Residential (SHDR); and PROPOSED ORDINANCE NO 13-006 - SECOND READING - Approve Manatee Seaview Apartments request for rezoning from Multi-Family Residential (R-3) and Infill Planned Unit District (IPUD) to a single Infill Planned Unit District (IPUD) consisting of a new master plan with 88 multi-family rental units. Applicant: Alfred LaFave with Olen Development Corporation. ER: XPLANATION OF EQUEST The subject property is a 4.524-acre parcel located within Study Area I of the Federal Highway Corridor Community Redevelopment Plan on the east side of US1, approximately 1,000 feet north of the C-16 Canal. It is comprised of two (2) parcels (“A” and “B”) that extend from US1 from its western boundary to the Intracoastal Waterway to the east. Mr. Alfred LaFave is requesting to reclassify/rezone the property in order to construct four (4) multi-family residential buildings consisting of a total of 88 dwelling units. The subject property was once developed with 64 mobile homes; however, in 2005, the property was reclassified to SHDR and rezoned to IPUD by Lennar Homes in order to accommodate a 69-unit multi-family residential project (Seaview Park Club). The mobile homes were removed and Lennar started the site work (i.e., drive aisles and parking areas), but construction of the buildings never commenced and the project was subsequently abandoned. It should be noted that the master plan for Seaview Park Club still remains valid and development may commence 305 of 339 in accordance with the approved master plan. However, this request for land use amendment/rezoning effectively represents a major modification thereof. The total area for this project is larger than the original Seaview Park Club site plan. This project proposes to add an undeveloped 0.71-acre “sliver” of land (Parcel “A”) from the abutting Manatee Bay Apartments development to the north. The Manatee Bay Apartments is zoned R- 3 and has a future land use classification of HDR. The applicant is proposing to add the 0.71- acre portion, reclassify the future land use from HDR to SHDR, and rezone it from R-3 to IPUD. This application for land use amendment/rezoning represents a new master plan for the entire development. Staff evaluated the project based on the criteria used in accordance with the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when a proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. Staff determined the application is 1) consistent with the Comprehensive Plan objectives and policies promoting an affordable mix of housing types; 2) consistent with the established land use patterns of the immediate area; and 3) will further the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The project would expand the City tax base. Apartment projects have higher ISCAL MPACT tax impact than owner-occupied dwelling units, since they are not eligible for homestead exemptions. Staff anticipates the annual taxes and fees collected from the project would be as follows: $35,000 Property tax; $51,800 Water, sewer, and stormwater fee; $11,352 Refuse collection fee $7,744 Fire assessment fee; and $100 Fire inspection. A: Deny subject request, and maintain the land classified as both HDR (for LTERNATIVES Parcel “A”) and SHDR (for Parcel “B”). S:\Planning\SHARED\WP\PROJECTS\Manatee Seaview Apartments (fka Seaview Park Club)\LUAR 13-001\Manatee Seaview Agenda Cover Sheet 031913 - Public hearing.doc 306 of 339 ORDINANCE NO. 13-005 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY MANATEE BAY APARTMENTS CORPORATION AND LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY APPROXIMATELY 1,000 FEET NORTH OF THE BOYNTON C-16 CANAL; CHANGING THE LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL (HDR) TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. 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: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located on the east side of 307 of 339 Federal Highway approximately 1,000 feet north of the Boynton C-16 Canal at 1620 North Federal Highway changing the land use designation from High Density Residential (HDR) to Special High Density Residential (SHDR): A parcel of land, being a portion of MANATEE BAY, according to the plat thereof as recorded in Plat Book 92, Pages 170 thru 178 of the Public records of Palm Beach County, Florida, being more particularly described as follows: Commence at the intersection of the Northwest corner of said Manatee Bay, said point being on the East right of way line of US Highway No 1; thence run S.07°36'49"W., along the East right of way line of said US Highway No 1 a distance of 307.67 feet to the Point of Beginning of the description; thence leaving said East right of way line run N.89°57'45"E., along said South line of Manatee Bay a distance of 971.64 feet to a point on the West line of Tract "B", thence N.02°17'57"W., a distance of 40.94 feet; thence N.16°51'54"E., a distance of 14.50 feet; thence leaving said West line of said Tract "B", run N.89°57'45"E., a distance of 321.63 feet to a point on a curve whose radius point bears N.85°52'57"E., and having as its elements a Radius of 1732.07 feet and a central angle of 02°09'06"; thence run Southeasterly along the arc of the curve a distance of 65.05 feet to the South line of Manatee Bay; thence run S.89°57'45"W., along the South line a distance of 1303.06 feet the to aforementioned East right of way line of US Highway No 1; thence N.07°36'49"E., a distance of 10.09 feet to the Point of Beginning. Said Parcel contains 30,804.48 square feet, 0.708 acres more or less. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal 308 of 339 challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. th FIRST READING this 19 day of March, 2013. nd SECOND, FINAL READING and PASSAGE this 2 day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 309 of 339 ORDINANCE NO. 13-006 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ALFRED LAFAVRE OF OLEN DEVELOPMENT CORPORATION, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY APPROXIMATELY 1,000 FEET NORTH OF THE BOYNTON C-16 CANAL AT 1620 NORTH FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) AND MULTI-FAMILY RESIDENTIAL (R-3) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Alfred LaFavre, of Olen Development Corporation has filed a petition on behalf of the owner to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located on the east side of Federal Highway approximately 1,000 feet north of the Boynton C-16 Canal at 1620 North Federal Highway, as 310 of 339 more fully described herein, is hereby rezoned from Infill Planned Unit Development (IPUD) and Multi-family Residential (R-3) to Infill Planned Unit Development (IPUD): A parcel of land, being a portion of Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Northwest Corner of Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, thence run S.01°21'14"E., a distance of 305.15 feet; thence run S.89°50'30"E., a distance of 470.37 feet to a point on the East right of way line of US Highway No. 1, said Point also being the Point of Beginning of this description: Thence continue S.89°50'30"E., a distance of 971.64 feet to a point on the West line of Tract "B" of Manatee Bay, according to the plat thereof as recorded in Plat Book 92, Pages 170 thru 178 of the Public Records of said Palm Beach County, thence N.02°06'19"W., a distance of 40.94 feet; thence N.17°03'32"E., a distance of 14.50 feet; thence leaving said West line of said Tract "B", run S.89°50'37"E., a distance of 321.63 feet to a point on a curve whose radius point bears N.86°04'42"E., and having as its elements a Radius of 1732.07 feet and a central angle of 02°09'06"; thence run Southeasterly along the arc of said curve a distance of 65.05 feet to a point on the South line of the aforementioned Manatee Bay; thence N.89°50'30"W., a distance of 221.69 feet to a point on a Boundary line established by Official Records Book 17840, Page 1921 of the said Public Records of Palm Beach County; thence run the following nine (9) courses and distances: (1) S.07°37'00"W., 0.94 feet; (2) S.90°00'00"E., 7.92 feet; (3) Radius 10.00'(LT) Delta = 58°05'39", Arc = 10.14', a chord bearing and distance of S.60°57'11"W., 9.71'; (4) S31°54'21"E., 34.59 feet; (5) Radius 75.00'(LT), Delta = 36°43'13", Arc = 48.07', a chord bearing and distance of S.13°32'44"W., 47.25'; (6) S04°48'52"E., 7.30 feet; (7) Radius = 75.00'(RT), Delta = 24°10'41", Arc = 31.65', a chord bearing and distance of S.07°16'28"W., 31.41 feet; (8) S.19°21'49"W., 41.28'; (9) N.89°51'30"W., 55.77 feet; thence N.89°50'30"W., a distance of 984.64 feet to the aforementioned East right of way line of said US Highway No 1; thence run N.07°48'33"E., along said East right of way line a distance of 169.83 feet to the Point of Beginning. Said Parcel contains 4.52 acres more or less A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. th FIRST READING this 19 day of March, 2013. nd SECOND, FINAL READING and PASSAGE this 2 day of April 2013. CITY OF BOYNTON BEACH, FLORIDA 311 of 339 ______________________________ Mayor – Jerry Taylor ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ ATTEST: Commissioner – Joe Casello _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 312 of 339 313 of 339 314 of 339 315 of 339 316 of 339 317 of 339 318 of 339 319 of 339 320 of 339 321 of 339 322 of 339 323 of 339 324 of 339 325 of 339 326 of 339 327 of 339 9. C PUBLIC HEARING April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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. R13-027 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Amending and re-designating Brownfield areas all within the boundaries of the Boynton Beach Community Redevelopment Area. ER: T he Community Redevelopment Director has requested XPLANATION OF EQUEST Brownfield designation for two additional properties as a means of obtaining incentives for redevelopment of property within the Community Redevelopment Area. The attached map depicts the specific areas that are designated as Brownfields, including the two additional properties. The Florida Brownfield Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat. (2002) (Act) provides for local governments to designate by resolution areas consisting of one or more brownfield sites as “brownfield areas” for the purpose of environmental remediation, rehabilitation and economic redevelopment. H? The existence of brownfields within a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES community may contribute to or may be a symptom of overall community decline, including issues of human disease and illness, crime, educational and employment opportunities and infrastructure decay. Brownfield redevelopment, properly done, can be a significant element in community revitalization. The State and Federal government offers financial incentives to encourage the redevelopment of designated brownfield areas. Some of the incentives include: 328 of 339 Refund of Sales Tax on building materials $2,500 state corporate tax credit per each new job created Loan guarantees Clean-up liability protection Federal tax credit for clean-up costs FI: The addition of this economic development incentive will lead to job creation ISCAL MPACT and the redevelopment of vacant or underutilized properties thereby increasing the City’s tax base. A: Do not adopt the resolution. LTERNATIVES 329 of 339 RESOLUTION NO. R13- 027 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, AMENDING AND RE- DESIGNATING BROWNFIELD AREAS ALL WITHIN THE BOUNDARIES OF THE BOYNTON BEACH COMMUNTIY REDEVELOPMENT AREA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Brownfield Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat. (2002) (Act) provides for local governments to designate by resolution areas consisting of one or more brownfield sites as “brownfield areas” for the purpose of environmental remediation, rehabilitation and economic redevelopment; and WHEREAS, the City of Boynton Beach, Florida, desires to amend and re-designate, pursuant to the Act, Brownfield Areas within the boundaries of the Boynton Beach Community Redevelopment Agency (CRA) as delineated in the attached map to secure the benefits accruing under the Act; and, WHEREAS , a municipality may declare an area within a Community Redevelopment Area a Brownfield area, and, WHEREAS , the Community Redevelopment Director has requested Brownfield designation as a means of obtaining incentives for redevelopment of property within the Community Redevelopment Area. WHEREAS , Brownfield designation will enable property owners to voluntarily use State Brownfield Programs for environmental remediation, rehabilitation and economic development; and, WHEREAS , per Florida Statutes 376.80(1), any property owner within the Brownfield Area may have their property removed from the proposed designation by requesting so in writing to the City, and, WHEREAS , the City has complied with the procedures outlined in the Act and has provided notice as required by Sec. 166.041(3)(c)2 Fla. Stat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLROIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The boundaries of the Brownfield Area are depicted on the map which is attached hereto as Exhibit “A” and incorporated herein by reference. The Brownfield Area lies completely within the boundaries of the Boynton Beach Community Redevelopment Area. 330 of 339 Section 3. This resolution shall become effective upon its adoption following two public hearings. Section 4. The City shall notify the Florida Department of Environmental Projection of the decision to designate the redevelopment area of the CRA as a brownfield area. nd PASSED AND ADOPTED this 2 day of April 2013. CITY OF BOYNTON BEACH, FLORIDA ____________________________________ Mayor – Jerry Taylor ____________________________________ Commissioner – David T. Merker ____________________________________ Commissioner – Woodrow L. Hay _____________________________________ Commissioner – Michael M. Fitzpatrick _____________________________________ Commissioner – Joe Casello ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 331 of 339 332 of 339 333 of 339 334 of 339 10. A CITY MANAGER’S REPORT April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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: Confirm Budget Workshop dates and times for July EQUESTED CTION BY ITY OMMISSION ndth 22 through July 24, 2013. ER: Staff has scheduled the FY 13/14 Budget Workshops to XPLANATION OF EQUEST ndth take place Monday through Wednesday, July 22 – 24, 2013. They will take place at the City’s Library Program Room. The following schedule is suggested: Monday – 7/22/13 1:00 pm to 6:00 pm Tuesday – 7/23/13 9:00 am to 2:00 pm Wednesday – 7/24/13 1:00 pm to 6:00 pm The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2013/14 as well as the Preliminary Fire Assessment Rate Resolution. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Amend dates and/or times of workshops LTERNATIVES 335 of 339 13. A LEGAL April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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: Request a private attorney-client session of the EQUESTED CTION BY ITY OMMISSION City Commission, Pursuant to Section 286.011(8), Florida Statutes, to be held on Thursday, April 4, 2013, to discuss pending litigation in the following case: 1. DAVID FLOERING, Petitioner vs. CITY OF BOYNTON BEACH, Respondent – Case No. 502012CA019202XXXXMB AN 2. ROBERT SCOTT CHANDLER, Petitioner vs. CITY OF BOYNTON BEACH , Respondent – Case No. 2012-CA023348-XXXXMB AO 3. JOEL EDWARD CHANDLER, Petitioner vs. CITY OF BOYNTON BEACH, Respondent – Case No. 502012CA022906XXXXMB AE 4. CITY OF BOYNTON BEACH, Plaintiff vs, FRANK JANOTS, THEODORE RYAN, et al. Defendants – Case No. 502003CA010606XXED AJPlease provide title of motion or action request of City Commission here. The cases listed above are pending litigation and the City Attorney ER: XPLANATION OF EQUEST needs to advise the City Commission of the status of the cases. The City Attorney will be in attendance along with the City Manager Lori LaVerriere. Approximately FORTY-FIVE (45) minutes will be needed. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 336 of 339 14. A FUTURE AGENDA ITEMS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 19, 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: Hear quarterly report for the 1st Qtr 2013 update on EQUESTED CTION BY ITY OMMISSION Climate Action Plan Implementation - April 16, 2013 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 337 of 339 14. B FUTURE AGENDA ITEMS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 19, 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: Discuss renovation and/or relocation of Police EQUESTED CTION BY ITY OMMISSION Headquarters and City Hall Campus - May 7, 2013 ER: XPLANATION OF EQUEST Staff will circulate a preliminary report to the City Commission during the first few weeks of April to provide some historical perspective. The report will include “rough” estimates for comparative purposes only. Once the Commission narrows down alternatives, staff will proceed with more detailed cost estimates. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 338 of 339 14. C FUTURE AGENDA ITEMS April 2, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 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: Update on Utilities CAP Fees - 4/16/13 EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 339 of 339