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Agenda 08-20-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, AUGUST 20, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello 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 219 1. OPENINGS A. Call to order - Mayor Jerry Taylor CLOSED-DOOR SESSION BEGINNING AT 5:30 P.M. ON August 20, 2013 regarding the following cases: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY B. Invocation by Rabbi Dr. Solomon Rothstein, Police Chaplin C. Pledge of Allegiance to the Flag led by Commissioner Merker D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of First Budget Hearing to Adopt Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6:30 p.m. in the City Hall Chambers. 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: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates 3 of 219 Community Relations Board: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments PROPOSED RESOLUTION NO. R13-074 A. - Approve Third Amendment to Professional Services Agreement with American Traffic Solutions "ATS" (TABLED on August 6, 2013) PROPOSED RESOLUTION NO. R13-081 B. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Ann Carlin for the property at 1148 Highview Rd, Lantana, FL. C. Approve the second amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the purchase and sale of Bulk Potable water. D. Accept the written report to the Commission for purchases over $10,000 for the month of July 2013. PROPOSED RESOLUTION NO. R13-082 E. - Approve and authorize a local match requirement in the amount of $21,000 to the State of Florida's Qualified Target Industry Tax Refund (QTI) Program award of $84,000 for a total award amount of $105,000 to Project Finish. PROPOSED RESOLUTION NO. R13-083 F. - Amending Resolution R12-045 to designate Scott Kline, Economic Development Manager in place of Nancy Byrne, Development Director as the Economic Development Coordinator City- wide and retaining designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for the purposes of implementing the City’s Economic Development Program for business development or expansion, housing, and community initiatives within the City of Boynton Beach and CRA areas. PROPOSED RESOLUTION NO. R13-084 G. - Assess the cost of nuisance abatement on properties within the City of Boynton Beach 4 of 219 H. Approve the minutes from the Regular City Commission meeting held on August 6, 2013 PROPOSED RESOLUTION NO. R13-085 I. - Approve an Interlocal Agreement between Palm Beach County and the City of Boynton Beach regarding Open Cuts under County Thoroughfares within the Utility Service Area. 7. BIDS AND PURCHASES OVER $100,000 A. Approve change order in the amount of $46,410.59 for emergency purchase order #130863 to Intercounty Engineering, Inc. for repairs to the wet well influent line at Lift Station 309 for the total sum of $135,110.59. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Major Site Plan Modification (MSPM 13-002) to construct a public parking lot on a 0.65-acre parcel located at 201 NE 1st Street in the Multi- Family Residential (R-3) zoning district to support businesses and redevelopment efforts in the immediate vicinity. Applicant: Vivian Brooks with Boynton Beach Community Redevelopment Agency 10. CITY MANAGER’S REPORT A. Accept the status report of the City of Boynton Beach Economic Development Program Implementation for the period of March 1, 2013 through July 31, 2013. B. Review draft of the City of Boynton Beach Special Event Economic Development Incentive Program Guidelines, Application and Evaluation Forms for discussion and approval. C. Approve up to $5,000 in grant funds to the Florida Brewers Guild Association to offset costs of producing the South Florida Beer Festival at the Boynton Beach Intracoastal Park. The requested grant funds would come from a proposed grant program in FY 2014 aimed to increase the number of special events that bring economic development benefits to the City of Boynton Beach. PROPOSED RESOLUTION NO. R13-086 D. - Authorize the City Manager, or designee to apply for and execute agreements and documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant on behalf of the City of Boynton Beach. 5 of 219 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consider request by Commissioner David Merker to rename Oceanfront Beach Park 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Announcement of Second Budget Hearing to Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers B. Announcement of Special City Commission Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 219 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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: Announcement of First Budget Hearing to Adopt EQUESTED CTION BY ITY OMMISSION Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6:30 p.m. in the City Hall Chambers. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 7 of 219 5. A ADMINISTRATIVE August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate . 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. 8 of 219 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 9 of 219 10 of 219 11 of 219 12 of 219 13 of 219 6. A CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-074 - EQUESTED CTION BY ITY OMMISSION Approve Third Amendment to Professional Services Agreement with American Traffic Solutions "ATS" (TABLED on August 6, 2013) ER: STAFF WILL PROVIDE AN UPDATE TO THE COMMISSION AT XPLANATION OF EQUEST TUESDAY NIGHT’S MEETING. WE ARE CURRENTLY IN DISCUSSIONS WITH ATS. The City entered into an Agreement with ATS on August 3, 2009 to implement a red light camera enforcement program in the City pursuant to City Ordinance 08-034. On September 16, 2010, the City and ATS amended the Agreement (the “First Amendment”). On December 18, 2012 the City and ATS amended the Agreement (the “Second Amendment”) to place cameras at five (5) additional approaches. On June 18, 2013 the City Commission adopted Ordinance No. 13-019 establishing the City’s local hearing process for Red Light Camera citations. This is a result of the Governor signing Florida House Bill 7125 (“HB 7125”) which became effective July 1, 2013. The new legislation requires the City to conduct hearings at the Notice of Violation (NOV) stage, which requires the original Agreement between the City and ATS be amended in writing and duly executed by the parties. The third amendment (attached) will incorporate the services that the City will require of ATS to comply with the new legislation. This amendment provides for the vendor H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to incorporate required information into the noticing process and to work with the City as to the local hearings that are a result of the passage of HB 7125. 14 of 219 This amendment will allow for some additional mailing and administrative costs FI: ISCAL MPACT to be incurred by the vendor which in turn will be paid for by the City but has been accounted for in the development of the City’s administrative fine of $85 that the Commission as previously approved. The administrative fine is allowed under the HB7125 to recover the costs of the local municipality holding the hearings. The City Commission can elect not to enter into the Third Amendment. A: LTERNATIVES 15 of 219 RESOLUTION R13-074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM AND AUTHORIZING EXECUTION OF THE THIRD AMENDMENT BY THE CITY MANAGER AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,in 2009, the City entered into an Agreement with American Traffic Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to City Ordinance 08-034; and WHEREAS , on September 16, 2010 and December 18, 2012, the City and ATS amended the Agreement; and WHEREAS , on June 18, 2013 the City Commission established the City’s local hearing process for Red Light Camera citations pursuant to Florida House Bill 7125; and WHEREAS , the Agreement between the City and ATS requires amendment to incorporate the services that the City will require of ATS to comply with the new legislation; and WHEREAS , the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Third Amendment to Professional Services Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk to execute the document. 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. 16 of 219 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the City Manager and City Clerk of the Third Amendment to Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. th PASSED AND ADOPTED this 6 day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 17 of 219 18 of 219 19 of 219 6. B CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-08 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Ann Carlin for the property at 1148 Highview Rd, Lantana, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 20 of 219 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 21 of 219 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ANN CARLIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1148 Highview Road, Lantana, Florida (PCN: 00-43-45-09-09- 000-1740); and WHEREAS , the parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. 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 hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Ann Carlin, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. 22 of 219 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 23 of 219 24 of 219 25 of 219 26 of 219 27 of 219 28 of 219 29 of 219 30 of 219 31 of 219 32 of 219 33 of 219 6. C CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 second amendment to the Interlocal EQUESTED CTION BY ITY OMMISSION Agreement between Palm Beach County and the City of Boynton Beach for the purchase and sale of Bulk Potable water. ER: The first amendment of the existing bulk water interlocal XPLANATION OF EQUEST agreement between the City and the County expires on December 31, 2013. The second amendment, which replaces the first, will allow the City to maintain a permanent capacity of 1 million gallons per day (MGD) of the County’s potable water system. In December 2004 the City entered into a bulk water sale agreement with the County. The initial term was for 5 years during which period the City could purchase a minimum 2 MGD, and a maximum 5 MGD, of potable water from the County. Due to its temporary nature, no impact fee payment was required in that original agreement. In 2007 the agreement was amended to reflect impact fee charges. The amendment (First Amendment) required the City to maintain 2 MGD bulk capacity impact fee charges. The charges comprised a one-time fee for permanent capacity of 1 MGD, and an annual charge for 1 MGD temporary capacity. On December 31, 2013, the terms of the first amendment are slated to terminate, with the only exception of the 1 MGD permanent capacity agreement. This second amendment will continue the permanent 1 MGD bulk potable water agreement with the County, beyond the December 31, 2013 expiration date. It will also establish a new emergency interconnect installation between the County and the City. 34 of 219 H? Maintain redundancy in the City’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES potable water distribution system. Beyond that it will better support emergency response in the vulnerable reaches of the City’s water distribution system. FI: The City will accrue savings in bulk water purchase. The City will be ISCAL MPACT required to purchase only the water it needs, and up to the 1 MGD permanent bulk capacity it already owns. Furthermore, since the City has already paid for the one-time impact fees, the County will assess only the commodity fees. A: Not build redundancy in the City’s potable water system and expose the LTERNATIVES City to future unforeseen circumstances from inadequate water. 35 of 219 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POTABLE WATER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved an Agreement dated December 21, 2004, for the purchase and sale of bulk potable water; and WHEREAS, the City of Boynton Beach and Palm Beach County amended that Agreement in 2007 and is due to expire on December 31, 2013; and WHEREAS, this second amendment will allow the City to maintain a permanent capacity of 1 million gallons per day (MGD) of the County’s potable water system; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Second Amendment to the Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of Bulk Potable Water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager and City Clerk to execute the Second Amendment to the Interlocal Agreement between Palm Beach County and City of Boynton Beach for the Purchase and Sale of Bulk Potable Water, which Second Amendment is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. 36 of 219 PASSED AND ADOPTED this _____ day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor - Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick _____________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 37 of 219 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POTABLE WATER THIS SECOND AMENDMENT made and entered into this ______ day of __________, PALM BEACH COUNTY 2013, by and between , a political subdivision of the State of Florida CITY OF BOYNTON BEACH, FLORIDA (hereinafter “County”), and the , a municipality organized under the laws of the State of Florida (hereinafter “City”). W I T N E S S E T H WHEREAS , Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS , the parties entered into an Interlocal Agreement for the Purchase and Sale of Bulk Potable Water on 12/21/04 (the “Agreement”); and WHEREAS , the parties amended the Agreement on October 2, 2007 (the “First Amendment”); and WHEREAS , in accordance with the First Amendment, the City paid to the County $2,910,000.00 for the reservation of permanent Potable Water capacity; and WHEREAS , the Interlocal Agreement, as amended by the First Amendment, will expire on December 31, 2013; and WHEREAS, the parties desire to amend the Interlocal Agreement in order to: continue the provision of bulk Potable Water by the County to the City subsequent to December 31, 2013; apportion the costs of construction of a new point of connection between the parties; and provide for emergency potable water service between the parties. NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, County and City hereby covenant and agree as follows: 1.The foregoing statements are true and correct. 2.The provisions of this Second Amendment shall become effective on January 1, 2014. 3.Section 2 of the Agreement is hereby modified to reflect a new termination date of December 31, 2043. 4.Section 4 of the Agreement is hereby amended to add the following definition: 38 of 219 “Points of Connection” - the locations where the County’s Potable Water System is connected with the City’s Potable Water System, as shown in Revised Exhibit “A”, which is attached hereto and incorporated herein. At each Point of Connection, the County’s and the City’s Potable Water Systems shall include the vault, meters, and related appurtenances located on each party’s respective side of the Point of Connection, with said water meters being utilized for the measurement and payment of bulk Potable Water obtained by the City and the measurement and payment of Potable Water provided on an emergency basis between the parties. For the Existing Point of Connection located approximately at the intersection of Flavor Pict Road and the LWDD E-3 canal, the point of delineation between the County’s Potable Water System and the City’s Potable Water System shall be the mid-point between the check valve and 8 inch meter located inside the vault, as shown on as-built No. 2527, Project No. WUD 95-201, which is kept in the County’s records. For the Existing Point of Connection located approximately at the intersection of Boynton Beach Boulevard and the LWDD E-3 canal, the point of delineation between the County’s Potable Water System and the City’s Potable Water System shall be the mid-point between the check valve and 8 inch meter located inside the vault , as shown on plans dated August 2002 and titled " PBCWUD Water Main Interconnect at West Water Treatment Plant" which is kept in the City’s records. For the New Point of Connection, the point of delineation between the County’s Potable Water System and the City’s Potable Water System shall be as identified in the drawings prepared by Kimley-Horn for Project No. WUD 12-548, which are kept in the County records. 5.Section 7 of the Agreement hereby deleted in its entirety and replaced with the following: 7.Capacity Reservation. City has paid the Capacity Fee for 1 MGD of permanent capacity in the County’s Potable Water System. County shall provide up to 1 MGD of Potable Water to the City for the term of this Agreement, at the Commodity Rate set forth in Section 8 below. There is no required minimum take-or-pay for this Agreement, nor is the County under any obligation to provide Potable Water over the 1 MGD permanent capacity reservation. Beginning on January 1, 2015, and for each calendar year thereafter, the County shall calculate the amount of bulk Potable Water delivered to the City for the prior calendar year, and a 25% surcharge shall be added to the Commodity Fee for usage exceeding 105% of the Reserved Capacity in any fiscal year. The provisions of this surcharge shall not be applied to the emergency provision of Potable Water in accordance with Section 13 below. The City may, at any time during this Agreement, reserve additional permanent capacity by paying the Capacity Fee in effect at that time. 6.Section 8 of the Agreement is hereby deleted in its entirety and replaced with the following: 8. Commodity Fee. The initial Commodity Fee as of January 1, 2014, shall be $1.42 per thousand gallons. Beginning on January 1, 2015, and for each calendar year thereafter, the Commodity Fee shall be adjusted upward by an amount equal to prior year’s (measured October to October) Consumer Price Index, all Urban 39 of 219 Consumers, Water and Sewerage Maintenance, published by the U.S. Department of Labor, Bureau of Labor Statistics (“CPI”) or some other mutually agreed-upon index if the CPI is discontinued, but in no case shall the escalation exceed three percent (3%) annually. 7. Section 13 of the Agreement is hereby deleted in its entirety and replaced by the following: 13.1 Emergency Potable Water Interconnects. In addition to the provision of bulk Potable Water, as set forth in Sections 7 and 8 herein, the Points of Connection may be utilized for the provision of emergency Potable Water between the parties in accordance with the terms of this Section 13. The use of the Points of Connection for emergency purposes shall be utilized only in the case of an emergency and shall not be a substitute for the sale of bulk Potable Water. 13.2 Costs of New Point of Connection. The costs of design and construction of the New Point of Connection, which is depicted on Revised Exhibit A, shall be equally shared between the County and the City. The construction shall include the extension of the County’s and the City’s pipelines to the New Point of Connection, and the meters, vaults, and other necessary appurtenances for the connection between the County’s Potable Water System and the City’s Potable Water System. Each party shall own their respective facilities up to the New Point of Connection and shall be responsible for operation, maintenance, repair and replacement as necessary. 13.3 The Director of Palm Beach County Water Utilities Department is authorized to act on behalf of the County and the Utilities Director of the City of Boynton Beach is authorized to act on behalf of the City. In case of an emergency, the requesting party’s representative shall provide written or verbal notice to the supplying party’s representative setting forth the emergency and the estimated flowage and time of use. If said communication is made verbally, same shall be immediately followed by a written communication. Notwithstanding the provisions of Section 13.3.6, turning off the valves shall be handled by the same procedure. No supply of Potable Water shall be provided except in the case of an emergency and upon the following terms and conditions to be determined by the supplying party: 13.3.1 There must be a sufficient surplus of Potable Water available to meet all the anticipated needs of the supplying party. 13.3.2 The supplying party may reasonably limit the amount of Potable Water to be supplied. 13.3.3 The supplying party determines that the provision of Potable Water to the receiving party will not impose a danger to the health, safety or welfare of its citizens. 13.3.4 The supplying party may reasonably limit the hours or days of supply. 13.3.5 The supplying party may require the receiving party to impose use restrictions on its customers prescribed by the supplying party. 40 of 219 13.3.6 With prior written notice to the receiving party the supplying party may place a reasonable termination date for the emergency supply period. 13.4 Charges for metered Potable Water use through the Points of Connection shall be at the prevailing commodity rate in effect for non-residential customers at the time of furnishing Potable Water, with no capacity or fixed charges. Either rate is subject to change based on legal authority of the appropriate governing body. When Potable Water is utilized, the meter or meters shall be read concurrently by the County and City on approximately the first of each month. Payment by the user to the supplier for Potable Water shall be in accordance with Section 15 herein. 13.5 County and City expressly acknowledge the right of either party to refuse to provide emergency Potable Water service, if the party refusing determines that the provision of such service would not be in its best interest or would constitute a danger to the health, safety, welfare of its citizens. In the event of such a refusal, the requesting party agrees to waive any and all claims of loss or damage against the refusing party. 8. All other provisions of the Agreement are hereby confirmed and shall remain in full force and effect. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 41 of 219 IN WITNESS WHEREOF, County and City have executed or have caused this Second Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Second Amendment. ATTEST: Sharon R. Bock, Clerk and ComptrollerPALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Clerk Steven L. Abrams, Mayor (SEAL) APPROVED AS TO FORM AND TO APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By: County Attorney Director of Water Utilities ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: Clerk APPROVED AS TO FORM AND TO LEGAL SUFFICIENCY By: City Attorney 42 of 219 6. D CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of July 2013. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for July 2013: Purchase Order Vendor Amount 130950 Shaw Industries, Inc. . $ 12,660.86 130959 HP Public Sector Sales $ 17,458.05 130965 DCR Engineering Services, Inc. $ 21,424.51 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. 43 of 219 FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 44 of 219 45 of 219 46 of 219 47 of 219 48 of 219 49 of 219 50 of 219 51 of 219 52 of 219 53 of 219 54 of 219 55 of 219 56 of 219 57 of 219 58 of 219 59 of 219 60 of 219 61 of 219 62 of 219 63 of 219 64 of 219 65 of 219 66 of 219 67 of 219 68 of 219 69 of 219 70 of 219 71 of 219 72 of 219 73 of 219 74 of 219 75 of 219 76 of 219 77 of 219 78 of 219 6. E CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-082 - EQUESTED CTION BY ITY OMMISSION Approve and authorize a local match requirement in the amount of $21,000 to the State of Florida's Qualified Target Industry Tax Refund (QTI) Program award of $84,000 for a total award amount of $105,000 to Project Finish. ER: To support the relocation of a manufacturing business from XPLANATION OF EQUEST out-of-state to be located in Quantum Corporate Park that will create 35 new jobs within the City of Boynton Beach. This light industrial business, assigned the code name “Project Finish” by the Business Development Board of Palm Beach County, has been prequalified for the State of Florida’s Qualified Target Industry Tax Refund (QTI) program to receive $105,000 of which $84,000 will come from the State of Florida and the balance of $21,000 or 20% of the award is required to be provided by local government(s). To qualify for the award, companies must create high wage jobs in targeted high value-added industries. H? A relocating business coming to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City of Boynton Beach, prequalified by the State of Florida Department of Economic Opportunity, will create jobs for low to moderate income residents of the City of Boynton Beach. In order for the business to receive the tax incentives from the state, the employer must meet the required wage goals and maintain the jobs over a five year period. FI: A minimum of 35 new jobs will be brought to the City of Boynton Beach. ISCAL MPACT Those jobs must be retained for a period of five years, with annual payouts beginning in Fiscal Year 2014/2015. The first year payout of $4,500 will be due in Fiscal Year 79 of 219 2014/2015, once the business has proven the required job creation and will be funded through General Fund allocation. The total amount paid over the five years would be $21,000 and would be paid as follows: FY2014/15 $4,500 FY2015/16 $5,250 FY2016/17 $5,250 FY2017/18 $5,250 FY2018/19 $ 750 A: Not to award the match incentives, forcing Project Finish to relocate LTERNATIVES elsewhere to take advantage of their Qualified Target Industry Tax Refund. 80 of 219 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, RECOMMENDING PROJECT FINISH BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, , the business under consideration is a manufacturing business, specifically Project Finish; and WHEREAS, Project Finishhas been identified as a Target Industry Business; and WHEREAS, Project Finish desires to relocate their company to Quantum Park within the municipal boundaries of the City of Boynton Beach; and WHEREAS, The City of Boynton Beach hereby acknowledges that local financial support of 20% of the total tax refund of $21,000 is required under the provisions of s.288.106, Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program; and WHEREAS , The City of Boynton Beach has committed to provide $21,000 which is 100% of the required QTI local financial support. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACHFLORIDATHAT: , Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby recommends Project Finishbe approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes. Section 3.The City Commission of the City Of Boynton Beachhas determined the basis of this project’s average private sector wage commitment calculation shall be 115% of the State of Florida average annual wage. Section 4. The necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Finish in the amount of ; $21,000 that this amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. 81 of 219 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 82 of 219 83 of 219 6. F CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-083 - EQUESTED CTION BY ITY OMMISSION Amending Resolution R12-045 to designate Scott Kline, Economic Development Manager in place of Nancy Byrne, Development Director as the Economic Development Coordinator City- wide and retaining designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for the purposes of implementing the City’s Economic Development Program for business development or expansion, housing, and community initiatives within the City of Boynton Beach and CRA areas. ER: On May 15, 2012, the City Commission, via Resolution R13- XPLANATION OF EQUEST 045 designated Nancy Byrne, Development Director as the City-wide Economic Development Coordinator and Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any activities in the CRA area. Since that time, the City has hired Scott Kline, Economic Development Manager, designated as the primary staff liaison to the Palm Beach County Business Development Board, with associated responsibilities for negotiating incentive and grant programs requiring financial and proprietary business information. H? This designation allows staff to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES work more effectively with the Business Development Board in assisting businesses wishing to locate or expand within the City. It will encourage greater business participation in grant opportunities available through the City, CRA and State. The designation will also allow, pursuant to Florida Statutes s.288.075, private corporations, partnerships, or persons to submit plans, intentions, or interests regarding location, 84 of 219 relocation or expansion to request confidentiality of records submitted to the designated individuals. FI: None ISCAL MPACT A: Designate other individual(s) as the Economic Development LTERNATIVES Coordinator(s) 85 of 219 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION R12-045 TO DESIGNATE SCOTT KLINE, ECONOMIC DEVELOPMENT MANAGER AS THE ECONOMIC DEVELOPMENT COORDINATOR CITY-WIDE AND RETAINING DESIGNATION OF VIVIAN BROOKS, EXECUTIVE DIRECTOR OF THE CRA AS THE ECONOMIC DEVELOPMENT COORDINATOR FOR ANY PROPERTY LOCATED WITHIN THE CRA AREA FOR THE PURPOSES OF IMPLEMENTING THE CITY’S ECONOMIC DEVELOPMENT PROGRAMFOR BUSINESS DEVELOPMENT OR EXPANSION, HOUSING, AND COMMUNITY INITIATIVES WITHIN THE CITY OF BOYNTON BEACH AND CRA AREAS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute 288.075 permits a municipality that does not have a public economic development agency to assign an officer or employee the duty to promote the general business interest or industrial interest of the City; and WHEREAS, on May 15, 2012, the City Commission of the City of Boynton Beach via Resolution R12-045 designated Nancy Byrne, then Interim Development Director as the Economic Development Coordinator City-wide and Vivian Brooks, Executive Director of the CTA as the Economic Development Coordinator for any property located within the CTA are for the purposes of implementing the City’s Economic Development Program for business development or expansion, housing and community initiatives within the City of Boynton Beach CRA areas; and WHEREAS, since the designations contained in Resolution R12-045, the City hired Scott Kline, Economic Development Manager designated as the primary staff liaison to the Palm Beach County Business Development Board, with associated responsibilities for negotiating incentive and grant programs requiring financial and proprietary business information; and WHEREAS , the City Commissions intent to designate the individuals named herein is to maximize the confidentiality of records submitted by private corporations, partnerships or persons related to location, relocation or expansion of business activities within the City and the CRA; and 86 of 219 WHEREAS, staff is recommending the designation of Scott Kline, Economic Development Manager as the City-wide Economic Development Coordinator and the designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for the CRA area for the purposes of implementing the City’s Economic Development Program for business development or expansion, housing, and community initiatives within the City of Boynton Beach and CRA areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby designates Scott Kline, Economic Development Manager as the Economic Development Coordinator City-wide and retains designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for the purposes of implementing the City’s Economic Development Program for business development or expansion, housing and community initiatives within the City of Boynton Beach and CRA area. Section 3. This Resolution shall become effective immediately upon passage. 87 of 219 PASSED AND ADOPTED this ______ day of _____________, 2013. CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jerry Taylor ____________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ____________________________ Commissioner – Joe Casello ATTEST: ________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 88 of 219 6. G CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-084 - EQUESTED CTION BY ITY OMMISSION Assess the cost of nuisance abatement on properties within the City of Boynton Beach ER: In accordance with the Municipal Lien Procedure on file in XPLANATION OF EQUEST the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. 89 of 219 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: This process allows us to place liens on the properties in order to ISCAL MPACT reimburse the City for the services that were provided when the nuisances were abated. A: The alternative would be to not place liens on the properties and not LTERNATIVES collect for the service provided. 90 of 219 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit “A”; and WHEREAS , the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS , all of the property owners listed in the attached Exhibit “A” were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS , the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and Now, therefore, be it resolved by the city commission of the city of boynton beach, Florida as follows: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT “A” Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2013, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In 91 of 219 the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________________ Commissioner – Joe Casello _____________________________ Janet M. Prainito, MMC City Clerk {Corporate Seal} 92 of 219 93 of 219 6. H CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 August 6, 2013 The City Commission met on August 6, 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 94 of 219 95 of 219 96 of 219 97 of 219 98 of 219 99 of 219 100 of 219 101 of 219 102 of 219 103 of 219 104 of 219 105 of 219 106 of 219 107 of 219 108 of 219 109 of 219 110 of 219 111 of 219 112 of 219 113 of 219 114 of 219 115 of 219 116 of 219 117 of 219 118 of 219 119 of 219 6. I CONSENT AGENDA August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-085 - EQUESTED CTION BY ITY OMMISSION Approve an Interlocal Agreement between Palm Beach County and the City of Boynton Beach regarding Open Cuts under County Thoroughfares within the Utility Serrvice Area. ER: In April 2008 the Commission approved an Interlocal XPLANATION OF EQUEST Agreement between the City and Palm Beach County covering the City’s responsibilities following any open cuts under County roads within the Utility Service Area. The agreement has now expired and needs to be renewed. The agreement enables the City to avoid posting surety bonds whenever it undertakes work on a County road. The agreement requires the City to do the following: 1. Repair all open cut installations to County specifications and to warranty such work for six (6) months, and 2. Indemnify the County to the extent allowed under Florida Statute 768.28 Whenever work is performed by an outside contractor on our behalf these responsibilities are passed over to the contractor. The agreement is for a period of five (5) years with options to extend for further five year periods. H? This will allow the City to continue OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with the ongoing project to build the raw water supply line between the two water plants and any other future work involving County thoroughfares. 120 of 219 FI: None. ISCAL MPACT A: Do not approve the agreement and obtain surety bonds instead. LTERNATIVES 121 of 219 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH REGARDING OPEN CUTS UNDER COUNTY THOROUGHFARES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has adopted policies and procedures that now require the posting of a surety bond, or providing an Interlocal Agreement assuring the County that the City will repair all open cuts under County thoroughfares; and WHEREAS, in April, 2008, the City Commission of the City of Boynton Beach approved an Interlocal Agreement between the City and Palm Beach County covering the City’s responsibilities following any open cuts under County roads within the Utility Service Area; and WHEREAS , that agreement has now expired and the attached will renew that Agreement while enabling the City to avoid posting surety bonds whenever it undertakes work on a County road; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County to allow the City to proceed with the Reclaimed Water System Project and avoid the need for bonding future work in the County thoroughfares that would require permits from the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the 122 of 219 Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County regarding open cuts under County thoroughfares, a copy of said Agreement is attached hereto and made a part here as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Michael M. Fitzpatrick _____________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 123 of 219 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH REGARDING OPEN CUTS UNDER COUNTY THOROUGHFARE ROADS THIS AGREEMENT, made and entered into this day of , 2013, by and BOARD OF COUNTYCOMMISSIONERS OF PALM BEACH COUNTY, between the FLORIDA, "COUNTY" a political subdivision of the State of Florida (hereinafter ), and the CITY OF BOYNTON BEACH, a municipality existing under the laws of the State of Florida, "CITY" (hereinafter ). WHEREAS, the COUNTY has adopted certain policies and procedures regarding open cuts across its thoroughfare and non-thoroughfare roads; and WHEREAS, the CITY has agreed to follow the policies and procedures set forth by the COUNTY regarding open cuts on COUNTY roads; however, the CITY shall not be required to obtain a surety bond for the open cut, but, instead will be bound by the terms and conditions of this Interlocal Agreement (Agreement); and WHEREAS, the CITY agrees to be responsible for repairing the open cut, in accordance with COUNTY policies and procedures, and all costs associated with such repair. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. The above recitations are true and correct and are incorporated herein. COUNTY Policy: Section 2. The COUNTY has adopted policies and procedures, PPM EL-O-3605 and PPM EL-O-3606, regarding open cuts on COUNTY thoroughfare and non- thoroughfare roads and all open cuts shall be in compliance with these policies and procedures, as amended from time to time. The polices set forth the requirements of permitting, construction, and maintenance of the open cut as well as the requirement to obtain a surety bond to insure the proper repair of the open cut. The current policies and procedures are attached as Exhibit A . 124 of 219 Work performed by the CITY: Section 3. The CITY (any reference to CITY shall include work performed not only by the CITY but by its contractors or sub-contractors) shall be required to follow all of the requirements of the policies of the COUNTY regarding open cuts. However, except as provided in d) below, the CITY shall not be required to obtain a surety bond for such work and instead shall be bound by the following terms and conditions: a) The CITY shall be responsible for repairing the open cut for a six (6) month period after the final restoration of the open cut. b) During and at the end of the 6 month period the COUNTY may request certain repairs or further restoration be made to the open cut, in which case, the CITY shall make such repairs or restoration within thirty (30) days of receiving written notice from the COUNTY. c) In the event the CITY fails to make such repairs within the time frame allowed or such repairs are inadequate after the thirty (30) day notice and opportunity to cure required by Section 8, or emergency repairs are required, the COUNTY may make such repairs as it deems necessary and invoice the CITY for the cost of such work. Upon receiving such invoice the CITY shall, within forty-five (45) days, make payment to the COUNTY. d) Work involving open cuts on COUNTY thoroughfare and non-thoroughfare roads, performed for the CITY by Contractors, having a value of more than $200,000, shall be bonded under a Payment and Performance Bond and name the County as an obligee in accordance with Florida Statute Chapter 255.05. e) The CITY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverage and limits (including endorsements), as described as follows: CITY agrees to maintain, or self-insure, Worker’s Compensation & Employer’s Liability insurance in accordance with Florida Statute Chapter 440. CITY agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages. CITY agrees to maintain its self-insurance or insurance shall be 125 of 219 primary as respects to any coverage afforded to or maintained by COUNTY. CITY agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve CITY of its liability and obligations under this Agreement. CITY shall agree to provide the COUNTY with at least ten days (10) prior notice of any cancellation, non-renewal or material change to the insurance coverage. f) In the event the CITY engages a contractor to perform work associated with this Agreement, the CITY will require each contractor engaged by the CITY to maintain: 1)Commercial General Liability or Business Auto Liability, at limits not less than $500,000 each occurrence. CITY agrees to have contractor endorse Palm Beach County Board of County Commissioners as an “Additional Insured” to the Commercial General Liability, but only with respect to negligence other than County’s negligence arising out of this Agreement. This paragraph does not apply to liability policies which afford only indemnity based claims-bill coverage. 2)Worker’s Compensation & Employer’s Liability insurance in accordance with Florida Statute Chapter 440. Area Subject to Agreement: Section 4. The terms of this Agreement shall apply to all open cuts performed by the CITY, on COUNTY thoroughfare and non-thoroughfare roads located in the CITY ’S utility service area. Term: Section 5. This Agreement shall be terminated by either party upon a 60 day written notification so long as there are no outstanding permits for which sureties were waived under this agreement in which case the agreement will remain in full force and effect until the open permit(s) are satisfactorily closed out. Indemnification: Section 6. In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, the CITY , to the extent set forth in 126 of 219 Florida Statute 768.28 ($200,000 per person/$300,000 per claim) agrees to save, defend, reimburse, indemnify and hold harmless the COUNTY, its officers, employees, servants and agents from any and all claims, demands, damages, liabilities, causes or actions, legal or administrative proceedings, judgments, interest, attorney's fees, costs and expenses of whatsoever kind or nature, whether arising in any manner directly or indirectly caused. The CITY 'S aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the extent set forth in F.S. 768.28, but in no event shall they apply to liability , caused by the negligence of the COUNTY or its agents, servants, employees or officers. This indemnification is also mutual from COUNTY to CITY. Notice of Complaints or Suits: Section 7. Each party will promptly notify the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Breach and Opportunity to Cure: Section 8. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of its rights. Enforcement Costs: Section 9. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement. 127 of 219 Notice: Section 10. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: As to the COUNTY: Palm Beach County Engineering Department Land Development Division Joanne M. Keller, P.E., Director 2300 North Jog Road West Palm Beach, Florida 33411-2745 As to the CITY : City of Boynton Beach Attention: Director of Utilities City Hall: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 With a copy to: City of Boynton Beach Attention: City Attorney City Hall: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Modification and Amendment: Section 11. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Remedies: Section 12. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. To encourage prompt and equitable resolution of any litigation, each party hereby waives its rights to a trial by jury in any litigation related to this Agreement. 128 of 219 Joint Preparation: Section 13. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Execution: Section 14. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Filing: Section 15. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Effective Date: Section 16. This Agreement shall take effect upon execution. Compliance with Codes and Laws: Section 17. Each party agrees to abide by all laws, orders, rules, policies and regulations. Access and Audits: Section 18. The TOWN shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing work associated with this Agreement for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records and documents as required in this section for the purpose of inspection or audit during normal business hours, at the TOWN. The COUNTY has established the Office of the Inspector General in COUNTY Code Section 2-421 – 2-440, as may be amended. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed COUNTY contracts, transactions, accounts and records to require the production of records and to audit, investigate, monitor and inspect the activities of the TOWN, it’s officers, agents, employees and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of COUNTY Code Section 2-421 – 2-440, and punished 129 of 219 pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. FULL FORCE AND EFFECT: Section 19. In the event that any section, paragraph, sentence, clause or provision hereof is held in valid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. DISCRIMINATION. Section 20. The COUNTY and TOWN agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, sexual orientation, disability, religion or creed, or age be discriminated against in performance of this Agreement. [Signatures on following page.] IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the day and year first written above. ATTEST: PALM BEACH COUNTY, FLORIDA, BY Sharon R. Bock, Clerk ITS BOARD OF COUNTY COMMISSIONERS & Comptroller 130 of 219 By:_____________________________ By: ___________________________________ Deputy Clerk Steven L. Abrams, Mayor APPROVED AS TO FORM AND APPROVED AS TO TERMS AND CONDITIONS LEGAL SUFFICIENCY By:_____________________________ By:_________________________________________ Assistant County Attorney County Engineer ATTEST: CITY OF BOYNTON BEACH By:_____________________________ By:_______________________________________ City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:_____________________________ City Attorney f:\land_dev\interlocal agreements - open cut\boynton beach open cut 2013 - revised 8-1-13.docx 131 of 219 7. A BIDS AND PURCHASES OVER $100,000 August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 change order in the amount of $46,410.59 EQUESTED CTION BY ITY OMMISSION for emergency purchase order #130863 to Intercounty Engineering, Inc. for repairs to the wet well influent line at Lift Sation 309 for the total sum of $135,110.59. ER: On Thursday May 30, 2013 the terminal gravity line feeding XPLANATION OF EQUEST Lift Station 309 failed catastrophically. This Lift Station is the master pumping station handling all of the wastewater in an area north of the Boynton Canal and east of I95. Failure to keep the station operational would severely impact every property within that area. Utility crews responded to the area and implemented an emergency by-pass while evaluation of possible repair methods was underway. Three companies specializing in this work were approached for quotes and Intercounty Engineering was the lowest, most responsive bidder. The original purchase order #130863 for $88,700 was approved by the City Manager on an emergency basis and based on the quotes the department received. Because of the nature and the resulting impact of the failure, it was determined to issue the purchase order on an emergency basis versus advertising a bid and delaying the needed repair. Intercounty Engineering mobilized immediately and started work on the repair. Subsequently it was discovered that the original by-pass plan needed to gain access to the terminal manhole was not practical and a small revision to the work plan approved. Later once the defective line was exposed a further problem was identified whereby the failed pipe had been encapsulated in concrete at one end. The contractor had to spend additional time removing this concrete before the repair could be completed. These two issues caused an additional $46,410.59 worth of expense for unforeseen issues with this emergency repair. 132 of 219 In order to address the failure of Lift Station 309 in a responsible manner the Department requested and the City Manager approved this repair be done as an emergency purchase. This revised cost is still considerably below the next highest of the original quotes. The pipe has now been replaced and the station back in full operation. H? The Utility was able to maintain full OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES service to all its customers in the affected area. FI: The total cost of this work was $135,110.59 and will be paid from ISCAL MPACT operating account # 401-2816-536-46-51. A: None since the utility is required under DEP regulations to ensure that LTERNATIVES there are no sanitary sewer overflows and to adequately maintain the wastewater handling systems. 133 of 219 134 of 219 135 of 219 136 of 219 137 of 219 138 of 219 139 of 219 140 of 219 141 of 219 142 of 219 143 of 219 144 of 219 145 of 219 146 of 219 147 of 219 148 of 219 149 of 219 150 of 219 9. A PUBLIC HEARING August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 Major Site Plan Modification (MSPM 13- EQUESTED CTION BY ITY OMMISSION 002) to construct a public parking lot on a 0.65-acre parcel located at 201 NE 1st Street in the Multi-Family Residential (R-3) zoning district to support businesses and redevelopment efforts in the immediate vicinity. Applicant: Vivian Brooks with Boynton Beach Community Redevelopment Agency ER: Vivian Brooks, Executive Director of the Boynton Beach CRA is XPLANATION OF EQUEST seeking major site plan modification approval to construct a public off-street parking lot that would accommodate 58 vehicles. According to Part III (LDR), Chapter 3, Article IV Use Regulations, an off-street parking area (owned by the CRA) is considered “Government, Municipal Office/Emergency/Civic Facilities” and is listed as a permitted use in the R-3 zoning district. The 0.645 acre rectangular-shaped site is located within the Ocean Avenue Overlay Zone and the Ocean District Community Redevelopment Area. According to the survey, it is comprised of four (4) lots with frontage on the west and south property lines (Northeast 1st Street and Northeast 1st Avenue, respectively). The east property line abuts right-of-way for Northeast 2nd Street; however, that portion of the roadway is only partially improved and is currently being utilized as the vehicular back-up area for the (non-conforming) parking spaces of Millicent Condominium. With respect to the north property line, the western 90 feet abuts commercially- zoned property while the eastern one-half abuts an alley. This alley once extended from Northeast 1st Street to Northeast 2nd Street, but the western 90 feet was abandoned in 1988 pursuant to Ordinance 88-BB. The easternmost parcel (at the corner of Northeast 1st Street and Northeast 1st Avenue) was once home to the historic Ruth Jones cottage. However, in 2011, the 1940s-era house was 151 of 219 moved from the subject property to its current location at 480 East Ocean Avenue to be used as a restaurant (The Little House). Unique conditions associated with individual sites may justify the review and approval of alternate landscape designs that do not specifically comply with the landscaping requirements of Part III (LDR), Chapter 4, Article II. A different design proposal may offer superior results or maximum achievement of the City’s objectives that can only be accommodated through the provision and requirements of alternate compliance. The proposed site design would deviate from three (3) landscape code standards, which are listed as follows: Section 4.B.2. Landscape Strip Abutting Rights-of-Way In certain areas of the landscape strip along Northeast 1st Avenue, the tree spacing is wider than the minimum required 20-25 feet. Section 4.B.3 Perimeter Landscape Buffers The entire length of the north landscape buffer would be less than the minimum five (5) feet that is required. The landscape plan lacks plant material within a small portion of the north landscape buffer, due to the required pavement needed for the vehicular turn around area within the parking area of the lot to the north. Because of the requested deviations from the landscape standards, the applicant submitted an alternate landscape plan (ALP) in accordance with Part III (LDR), Chapter 4, Article II, Section 5, and staff determined the ALP meets the purpose and intent of the regulations. Staff determined the project would offer an alternate design that successfully mitigates the deficiencies, while providing landscaping in a manner that is equal to or exceeds the minimum required by code. Staff has reviewed this request for Major Site Plan Modification and recommends approval of the plans presented in the attachments, subject to satisfying all comments indicated in Conditions of Approval - Exhibit “C.” The Planning & Development Board reviewed the subject rd request on July 23 and forwards it with a recommendation of approval, with the additional comments that require 2 additional handicapped parking spaces be added to the plan, and that no overnight parking be allowed. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Initially, the project would have no impact to the tax base, either positive or ISCAL MPACT negative. However, it is expected that in the future, it would help stimulate business attraction and retention. A: Deny the subject request, or approve it with a modification to the conditions of LTERNATIVES approval. 152 of 219 153 of 219 154 of 219 155 of 219 156 of 219 157 of 219 158 of 219 159 of 219 160 of 219 161 of 219 162 of 219 163 of 219 164 of 219 165 of 219 166 of 219 167 of 219 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA st PROJECT NAME: Public Parking Lot – 201 NE 1 Street (MSPM 13-002) APPLICANT: Vivian Brooks, Executive Director of Boynton Beach CRA APPLICANT’S ADDRESS: 710 North Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 20, 2013 APPROVAL SOUGHT: Major Site Plan Modification to construct a public parking st lot on a 0.65-acre parcel located at 201 NE 1 Street, in the Multi-Family Residential (R-3) zoning district to support businesses and redevelopment efforts in the immediate vicinity. st LOCATION OF PROPERTY: 201 NE 1 Street DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant _X_ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ 168 of 219 _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Public Parking Lot - 201 NE 1st St\Development Order for MSPM 13-002.doc 169 of 219 10. A CITY MANAGER’S REPORT August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 March 1, 2013 through July 31, 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 current work plan for the City based Economic Development team. H? Key tasks of the EDIIP include the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES development of new City programs, streamlining of governmental processes, the formation of new cooperative partnerships, and identification of viable incentives to retain and attract businesses and residents. These and other EDIIP elements continue to better position the City while also strengthening and diversifying its economic base. FI: There is no new fiscal impact. Commission previously has set aside an ISCAL MPACT allocation of $54,000 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. To date, $167,000 has been allocated to businesses relocating or expanding in the City. An application for the remaining $12,000 is being processed and will be brought to the City Commission for consideration. 170 of 219 A: Not to accept the report. LTERNATIVES 171 of 219 City of Boynton Beach Economic Development Program Quarterly Report For the period: April 1, 2013 - June 30, 2013 Presented to City Commission on August 20, 2013 On behalf of the Economic Development Division of the City of Boynton Beach, please accept this quarterly report providing updates on the Economic Development Initiatives and Implementation Plan (EDIIP) for the period April 1, 2013 through June 30, 2013. This is the fifth quarterly report that has been compiled for the Commission on progress made on the implementation of the EDIIP since its approval in the fall of 2011. To date, approximately 75% of the items within the EDIIP have been completed. A list of completed initiatives is located under the green “Completed” section beginning on the next page. Active items accomplished or underway during the reporting period are located in the yellow “In Progress” section. “Pending” items are located in the blue section. The integrity of the original numbering system from the approved EDIIP has been maintained to assist in associating the various initiatives with Commission Agenda item references. Any new activity reported for this period is also underlined to assist in identifying progress in specific categories for this past quarter. Highlights of this quarter’s activities include:  With financial assistance from Boynton Beach and Palm Beach County, Flipstone Technology Group, Inc., a high tech software development company, purchased a building in the High Ridge Industrial Park and is currently performing renovations. Flipstone has also established a not-for-profit organization that will provide high-tech software programs and robotics to students. This innovative endeavor will expand the City of Boynton Beach’s technology-based workforce and encourage its youth to explore high-tech local job opportunities.  Mathnasium of Boynton Beach, Inc. was approved for a grant under the Commercial Rent Subsidy program. The company offers tutoring assistance for children from grades 2-12 in Boynton Beach.  Changes to land development regulations were approved by the Commission resulting in the creation of a transit oriented development designation and minimum standards within the mixed-use zoning district.  A more user-friendly fee structure was approved for capital facility and connection charges. The changes will go into effect September 1, 2013.  A new Economic Development Manager was hired in mid-May.  The formation of new public/private partnerships was initiated with several entities, including Enterprise Florida, the State of Florida’s main economic development organization and Workforce Alliance, Inc.  A new economic development website for Boynton Beach is nearing completion to help market Boynton Beach and to provide the latest economic development news to residents and businesses. 172 of 219 ECONOMIC DEVELOPMENT INITIATIVES & IMPLEMENTION PLAN Timeline Key for initiatives/action items:  (E) Existing (already implemented or underway)  (SShort-term: (0-2 years) )  (M)Medium-term (3-7 years)  (L)Long-term (8 yrs +) Completed 1. Utilities- delayed payment of capital Facilities (E) charges/incremental payment plans 2. Green Building Program – Phase I & 2 (E) 3. Expedited Permitting (Ord. 09-049) (E) 4. Telephone automated and on line inspection and permit (E) status 5. LDR re-write (E) 6. “Host & Boast” events – USGBC/ICC - June 2011; Gold (E) Coast Builders - September 2011; “Sustainable You” Conference - October 2011 7. Establishment of a separate conditional use process for (E) business approvals: a shorter process, less costly to applicants who seek use change within an existing development. 8. Significantly more proactive initiation of code amendments (E) geared at accommodation of business needs – cooperative, joint, and expeditious with city-wider scope. 9. Enhanced streetscapes – Seacrest Blvd; 4 th Ave; Federal (E) Hwy Land Development Regulations and Zoning ZONING DISTRICTS USE REVIEW (E) 10. Review zoning districts for expanded use potential/increased NOI study flexibility: completed; LDR a. Adapt to matrix for consistency revisions and b. Evaluate C4/M1 use provisions Matrix adopted i. Expand C-4 district to include heavy commercial/light industrial uses ii. Accommodate market trends iii. Consider model districts/ordinances (such as “The Light Industrial Land Use Toolkit” by IPARC’s Industrial Land Study Subcommittee) (E) 11. Use approval lists for Planned Industrial Districts (PIDs): NOI study a. Administrative process for amending or interpreting completed; LDR i. Review use compatibility interpretation guides in other revisions and communities Matrix adopted b. Amend lists expanding uses to avoid/minimize amendments c. Amend to coincide with new zoning matrix 173 of 219 ZONING MAP REVIEW (E) 12. Evaluation of Zoning Map for economic diversity/value added NOI study a. Comparison overlay of City to County zoning districts for BDB completed; LDR marketing revisions and b. Not-for-profit use provisions Matrix adopted c. City-wide evaluation of sites for potential rezoning to commercial or industrial uses (E) 13. Introduction of a policy guiding land use/rezoning decisions (ED Study completed. plan and Comprehensive Plan amendment): Working with a. Area-or parcel-specific TCRPC on Comp b. Land use designation-specific Plan recommendations INTERIM RELIEF PROVISIONS (E) 15. Potential targets for interim relief provisions in economic Workforce Housing recession temporary a. Identification – Workforce Housing; Recreation Impact Fees; suspension, Ord. Art-in-Public Places; Utilities reservation and capital facilities 11-031 fees; Planning & Zoning fees; Building fees; County Impact Recreation Fee fees; Engineering fees adjustment Ord 11- b. Implementation through ordinance changes - Temporary 032 suspension; fee reductions; payment options; waivers; rebates DEVELOPMENT PROCESS REVIEW AND ENHANCEMENT (E) 16. Adopt operational goals/objectives to guide all in furthering the Multi-departmental economic initiatives. teams are a. Through the Planning Department pre-application process, assembled to meet identify early project needs, hurdles, etc and proactively seek with business info and necessary solutions applicants. Business b. Team based liaison service, to include interface with outside Development agencies on prospective business’ behalf Specialist position added to Development (E) 17. Review processes for improvements Staff is in the a. Create an expeditious, streamlined process for process of expired/previously reviewed projects reviewing software b. Continue automation efforts to increase speed and accuracy of and obtaining communications related to applications, reviews and quotes for completions. enhancements. c. Expand options for administrative review to expedite Modifications to development and reduce costs due to time delays existing software are underway d. Continue efforts with the County to develop unified application and review processes for building related activity Universal Building Application was activated 12/1/2011 174 of 219 Additional Business Services (E) 19. Establish a procedure in Business Tax for identifying and tracking Monthly/Quarterly new and existing businesses for follow up by the Economic reports distributed Development Director’s office to offer retention/expansion to CRA and BB services. Chamber A new welcome letter has been created that will be electronically sent to new businesses (E) 20. Development ATLAS update Completed. Making final edits before distribution in July (E) 21. Web based Business Tax information in GIS format, updated Map is available on quarterly Web, updated daily (E) 24. Projects in permitting >$100K in value – monthly report Report created & distributed monthly (E) 25. Projects in permitting >$100K in value – monthly report – GIS Report created and Format mapped on a monthly basis Cooperation, Communication, Education and Marketing (E) 33. Implement Branding Program Brand Promise a. Host a major kickoff event adopted by b. Partner with County Visitors Bureau efforts to maximize Commission – “Breeze into Boynton” campaign with City’s branding efforts Program rollout underway (E) 34. Establish/maintain network with related agencies re business City staff regularly retention, growth, additional incentives, etc. (PBC EDO; BDB; attending BDB & CVB) GBB Chamber meetings; ongoing communications with PBC EDO & CVB; meetings held with Enterprise Florida & Workforce Alliance identifying grant opportunities for businesses 175 of 219 Other Initiatives and Incentives (E) 39. Establish an Economic Development Team consisting of City, CRA and Chamber staff with designated Team Liaisons within each organization (E) 40. Hire an Economic Director/Program Coordinator $ Development Department reorganized to add & fund positions. Economic Development Manager was hired in May, 2013 46. Research best practices related to monetary & other incentives (E) $ (assuring results oriented payback and best ROI) Grant program adopted & funded j. Grant opportunities April 2012 k. Planning and professional design fee rebates (E) 50. Explore the reprogramming of future CDBG allocations toward $125,000 in CDBG Economic Development funds set aside for current year economic development activities. In June, the 2014 CDBG allocation was approved by Commission allocating $187,000 in economic development incentives 176 of 219 In Progress Land Development Regulations and Zoning INTERIM RELIEF PROVISIONS 14. Revise Code of Ordinances, Chapter 8, to clarify target (S) Review of Ch 8 businesses and specify incentives incentives underway Additional Business Services (S) 22. Business Tax statistical information – historic trends with Data gathering annual review underway (S) 23. Enhanced Permitting services – On-line digital submittal and $ comment reply. Budget Request submitted for 2013/2014 (M) 29. Development process flow-charts, facts sheets, and cost In progress – schedule for distribution completion by July 2013 Cooperation, Communication, Education and Marketing (S) 37. Create an Economic Development Webpage Currently under Sample site: http://www.rockymountnc.gov/econdev.html ) development a. Feature active marketing of previously approved/vacant/for sale properties:, such as: *Active properties  Arches require property owner Location: Ocean Ave/US1, Acreage: 4.69; cooperation to list as Opportunity: Mixed Use: previously approved for available sites 55,164 square feet of commercial/378 residential units A draft is almost  Casa del Mar Yacht Club complete. The new Location: 2632 N. Federal Hwy; Acreage: 4.11; webpage will be www. Opportunity: marina and yacht club, approved for Byb2boyntonbeach.com 320 dry/35 wet slips, 75,013 sq ft of building area. (Bring Your Business to  Bank of America Boynton Beach) Location: 114 N. Federal Hwy; Acreage: 3.0; Opportunity: High density mixed use; current use: branch bank  Winchester property Location: Knuth Rd/Boynton Beach Blvd; Acreage: 13; Opportunity: commercial (Planned Commercial District); current use: vacant 177 of 219 Other Initiatives and Incentives (S) 41. Establish a PACE funding mechanism to assist Business $ and multi-family developments in funding energy upgrades in PACE adopted 7/3/12 partnership with the Chamber of Commerce Resolution 12-057 (S) 44. Formalize and expand the “Host & Boast” (Gateway Let’s Talk Boynton Ambassadors?) program through the creation of program standardized marketing points (S) 45. Research best practices related to monetary & other City staff has explored incentives (assuring results oriented payback and best ROI) best practices and will a. Partner with County EDO through Interlocal Agreement work with new to utilize software to analyze economic impact of Economic Development prospective businesses and site development Manager to present Explore potential to utilize: viable options back to b. New Market Tax Credits Commission for review c. and approval. EDA Title 9 Grants d. SBA 7 (a) Loan Program e. SBA 504 Loan Program f. CDBG Section 108 Loan Program g. Fee Waiver, reduction, rebates h. Tax Credits/incentives i. Revolving Loan Funds (public/private partnership) j. Grant opportunities k. Planning and professional design fee rebates l. Relaxed parking requirements m. Density bonuses (S) 46. Prepare a Business Marketing Packet, to include all $ available County and City incentives, demographics, and Under development quality of life information (E) 48. Approach Palm Beach County Economic Development $ Office about interlocal agreement to share the Regional County software has Economic Model Software (REMI) for determining a projects limited use for City economic impact to the City analysis, but is available as needed. 178 of 219 Pending Land Development Regulations and Zoning DEVELOPMENT PROCESS REVIEW AND ENHANCEMENT (L) 18. Add Economic Development Plan (when completed) as an element to the Comp Plan Additional Business Services (E) 26. Customized small scale market research for applicants Through zoom prospector and other internal data sources, Boynton can provide market research to applicants or refer them to other public/private partners (M) 27. Inventory/maintain vacant land and leasing space availability (M) 28. Establish documents explaining effects of new laws on processes and applications (M)/ (L) 30. Business Tax fee structure analysis (requires State legislative $ change) (M)/ (L) 31. Integration and codification of Sustainability initiatives that offer $ economic incentives, such as credit for on-site water processes that avert the necessity for increased capacity/capital facility costs Cooperation, Communication, Education and Marketing (S)/ (M) 32. Develop a comprehensive Economic Development Plan, including goals and objectives from the City, Boynton Beach CRA and Greater Boynton Beach Chamber of Commerce (S) 35. Host a major stakeholder event to introduce the plan and gather data via survey to support Target Business analysis Suggested stakeholder list: a. Community Redevelopment Agency b. Chamber of Commerce c. Business Development Board d. Convention and Visitors Bureau e. Agency for Workforce Innovation f. Educational institutions: PBSC, FAU, Florida Career College g. Real estate boards and associations (Realtors Association of the Palm Beaches) h. Large real estate commercial brokerage firms (CBRE, Cushman & Wakefield etc) 179 of 219 i. Local developers/agents/land use lawyers j. Large landowners/employers for regular and early identification of issues (BB Mall, Bethesda, Compson, Winchester property, Quantum vacant parcel etc.) k. Other local/county governments for feedback on program success l. Community Relations Board m. COBWRA n. Greater Boynton Beach Foundation o. Palm beach County Cultural Council p. United Way q. Banks/Financial Institutions r. Business Development Firms (i.e. Paul Skyers) s. Venture Capital – including minority/specialty financing t. Children’s Services Council u. Literacy Coalition v. WXEL w. School Board (Zyscovich?) x. Neighborhood Associations y. Non-Chamber affiliated businesses to include minority and small scale z. International/global business connection (needs to be identified) aa. Small Business Administration bb. Urban League cc. TED Center (S) 36. Coordinate job training resources and opportunities through Met with Workforce Workforce Development, local education institutions and HUD Alliance regarding grant programs available to Boynton Beach Businesses. This and other resources through Workforce Alliance are being marketed to Boynton Businesses via a new webpage. (S) 38. Develop a youth connection $ a. Use social media outreach b. Integrate marketing message into an attractor event such as the International Kinetic Art Exhibit and Symposium c. Through educational outreach in cooperation with local schools, area Universities & Colleges 180 of 219 Other Initiatives and Incentives (M) 40. Establish an independent Economic Development Office funded $ by partnership with Boynton Beach CRA and Chamber of Commerce (M) 42. Expand PACE into residential marketplace should favorable $ Federal legislation be enacted (M) 43. Annexation: ISBA program (If County continues program) $ (S) 47. Prepare a Business Recovery Plan to establish a Business Recovery Center following emergency/disaster event. 181 of 219 10. B CITY MANAGER’S REPORT August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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: Review draft of the City of Boynton Beach Special EQUESTED CTION BY ITY OMMISSION Event Economic Development Incentive Program Guidelines, Application and Evaluation Forms for discussion and approval. ER: Staff is proposing the creation of a separate incentive XPLANATION OF EQUEST program for special events that provide or have the potential to provide a high level of economic benefit to the City, the Special Event Economic Development (SEED) Incentive Program. A draft program description, application, evaluation and awarding of City grants for the SEED Incentive Program are included for review and direction. Summary of key areas staff is seeking City Commission direction: 1. In the Mission portion of the application, does the City Commission prefer that - Funds are awarded on a first-come-first-serve basis, to be approved by Commission at the next scheduled Commission meeting after application by the agency. This would require a definitive amount of funding be budgeted for the upcoming fiscal year (for example $20,000), and once the entire budget has been allocated, the next opportunity for funding would be in the next budget cycle, dependent on budget authorization. - Or an application period can be established for applications to be submitted during a specific period of time in the spring so that “qualified” applicants can be chosen during the budget process for the upcoming fiscal year. The budgeted amount for grant funding would be built into the budget based upon the approved pool of requests and dependent on budget authorization. 182 of 219 However, any agency that misses the application period would have to wait until the next budget cycle to apply for funding. 2. On page two (2) under Procedures, item number eight (8), City funding shall: - Be made on a reimbursable basis only (must be supported by event receipts for eligible expenses as outlined in the guidelines); or - Made available up front as seed money for the event for things like marketing to attract sponsorships (receipts would be required as part of the post-event evaluation process). 3. On page two (2) under Procedures, item number nine (9): - Does the Commission wish to cap the funding per event at a certain amount, for example $5,000, based on the total amount approved in the budget cycle. If the grant fund is $20,000 then a $5,000 cap would guarantee funding to at least five (4) events per year, or more events if the funding request per event is less than $5,000 (based on 25% of their overall budget); and - Would the Commission want to limit the number of consecutive years that an agency can apply for funding with the assumption that after three years (for example) the event should be able to successfully acquire the needed sponsorships to continue without City funding. The Funding Request Criteria portion on page 3 lists event costs that may be funded and costs that are prohibited, including disallowing funding for any event that conflicts with a City or CRA event held within the corporate city limits. Each awarded applicant must submit a completed Special Event Evaluation Form with a Profit/Loss Statement and eligible event receipts within 30 days of the final date of the event. Failure to comply with this requirement will result in withdrawal of the award and/or denial of future funding requests. H? The purpose of creating a grants OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES program to support special events that provide a high economic benefit to the City is to guarantee transparency and a cost-benefit for the expenditure of public dollars. It is the policy of the City Commission to serve a public purpose by increasing economic development in the City through the support of special events that create a destination location within the City of Boynton Beach. FI: To be determined by the City Commission during the budget approval ISCAL MPACT process for FY 13/14. A: LTERNATIVES  Approve the SEED Incentive Program with specific direction as requested by staff.  Approve the SEED Incentive Program with additional changes by consensus of the Commission.  Do not approve the SEED Incentive Program. 183 of 219 City of Boynton Beach Special Event Economic development (SEED) incentive Program Guidelines, Application and Evaluation forms Mission The City established a Special Event Economic Development (SEED) Incentive Program to increase economic development, serve a public purpose, celebrate unity in diversity and promote the City of Boynton Beach as a vibrant, livable destination location The City will consider funding applications from the private sector as well as non-profit agencies. Funds will be allocated based on the individual merit of each project and: 1.On a first come-first served basis. (To be approved by Commission at the next scheduled Commission meeting after application). There is a definitive amount of funding for the year and once it is gone, it is gone. OR: 2.During an application period (Submitted in the spring so “qualified” applicants can be chosen during the budget process for the upcoming fiscal year) The budgeted amount for grant funding could be built into the budget based on the pool of requests, but anyone that misses the application period will have to wait until next budget cycle. Eligible Organizations To be eligible to receive SEED Incentive Program funds, the following conditions shall apply: 1.The event should promote the City of Boynton Beach as a place of destination in line with the City’s economic development program. 2.The event should increase the number of people who would normally come into the city at that time, thereby providing potential benefit to local businesses. Events that bring in new money and result in people staying overnight in Boynton Beach are highly desirable. 3.The City’s financial support should represent no more than 50% of the total event budget. The maximum amount an applicant may request is $5,000 and will be on a reimbursement basis. Volunteer hours may not be counted toward the total event budget, but the value of in- kind goods and services may be counted, excluding donated advertising space or donated radio advertisements. 4.The request for City support must include a list of other City entities or groups and private sponsors from whom the applicant is seeking financial support. 5.The event need not always be free of charge, but should be accessible to the community/public. 184 of 219 6.The Applicant must demonstrate the ability to produce and market a well-planned, safe event. 7.The Applicant must demonstrate strong financial management and effective management controls, including cost-effectiveness. Successful applicants must agree to provide the event’s financial statements and allow the City to conduct its own review, if desired. 8.If the event is charitable in nature, it should benefit a Boynton Beach charitable organization. Procedure 1.Applicants obtain and complete an application. 2.Applicant meets with City Special Event Permitting staff to review the application prior to submission to assure compliance. 3.Deadline date: applicants are required to submit requests no later than three months prior to the planned event. 4.If the event and the applicant meet the eligibility requirements as outlined, City staff will forward to be placed on the agenda for approval by the City Commission based on the merit of each individual event. 5.Approved applicants will be invited to answer questions from the City Commission. Applicants will be informed in advance of when to attend. st 6.Funding will begin in the new fiscal year starting October 1 annually. 7.Awards are granted at the sole discretion of the City Commission. 8.City funding shall: a.Be made on a reimbursable basis only (OR: made available up front for seed money for the event). b.Not exceed 25% of the event budget. (OR some other percentage OR no restriction) c.Be supported by event receipts for eligible expenses as outlined in the Guidelines. 9.Maximum funding per event, per group, per year is $5,000.00 (OR some other amount OR no cap) for a maximum of three years (OR no limit) unless otherwise approved by the City Commission. 10.The City Commission may consider an additional three years (OR no limit if no limit was originally imposed) of SEED Incentive Program funds support to an event if the event is substantially expanded and proves to successfully meet the mission of the program. 11.Applicants will receive notification by mail of the City commission funding decision within two weeks of the Commission meeting where the decision was made. 185 of 219 12.(If grant is based on a re-imbursement basis) City funds will be disbursed upon deliverance of appropriate receipts, the completed Event Evaluation Form, photos and all documentation for actual costs incurred. Funding Request Criteria Applications are considered and ranked, based on the following factors: 1.Extent to which the project meets the stated requirements. 2.Extent to which the organization has identified how the event will meet the stated requirements. 3.Reasonableness of total project cost and the percentage of funding requested of the City. 4.Identification of other private and public funding sources that have been realistically identified and for which application has been made. 5.Strength of organizational capacity and experience of the organization and the event. 6.The event does not replicate other events or is not similar to another event in the type of theme, timing, entertainment, and/or target audience/participants. 7.All proposals will be reviewed by City staff to assure eligibility and application completeness. Qualifying proposals will be sent to the City Commission for approval. Required Information All requests for funding must include a complete application and the following attachments: 1.Projected budget in Excel format showing sources and uses and samples of collateral materials or marketing efforts. 2.A complete listing of the organization’s current officers and directors, including addresses and telephone numbers. 3.Samples of evaluation tools and results from prior years(s), if applicable. 4.One copy of each of the following documentation: a.Florida Department of State, Division of Corporations Detail by Entity Name Report b.Most recent tax return, if applicable c.IRS Determination Letter, if applicable 5.Demonstration of the ability to provide the following: a.Insurance for the event b.Appropriate support – such as lighting, street closures, portable toilets, volunteers, etc. 186 of 219 6.Must provide the City proof of all requirements for event and permit completed at least thirty days in advance of the event or funding is forfeited. Event Costs that May be funded 1.Promotional activities and advertising 2.Mail outs and Flyers 3.Special Event Insurance 4.Tent Rental 5.Port-O-Let rental 6.Traffic Barricades 7.Entertainment 8.Sanitary Services 9.Security Services 10.Other “in-kind” services by the City. Prohibited Use of Funds 1.Operating expenses including salaries or other compensation 2.Professional services including but not limited to legal, medical, engineering, accounting, and auditing. 3.Prize money, scholarships, awards, plaques or certificates. 4.Tangible Personal Property 5.Interest or reduction of deficits or loans 6.Travel expenses 7.Alcoholic beverages 8.Any event that conflicts with a City or CRA event held within the corporate city limits. 187 of 219 City of Boynton Beach Special Event Grants Program APPLICATION FORM (Insert application deadline – if there is one) Date Submitted _____________________ Date City Commission Approved ___________ Name of Organization or Business ____________________________________________ Address _______________________________________________________________ City and Zip Code ________________________________________________________ Contact Person /Title ______________________________________________________ Projected Budget___________________ Amount Requested ________________________ Event Start Date ___________________ Event End Date ____________________________ Has this event received past City funding? _________________________________________ If, Yes, please provide the year(s) of assistance and amount received. _____________________ Please provide the following information as part of the application packet: 1.Projected event budget (Excel Spreadsheet) 2.List of staff persons responsible for conducting the event along with their respective roles, including addresses and telephone numbers. If a nonprofit, please also include a complete listing of the organization’s current officers and directors, including addresses and telephone numbers. 3.Organization’s most recent IRS filing 4.Fictitious Name filing, if applicable 5.Listed application question responses 6.“Required Information” as outlined in the Special Event Guidelines 188 of 219 Signature of organization’s Chief Official: ____________________________________________ Date _______________________ Print Name: ___________________________________ Title _______________________ Please complete all of the following questions. Attach additional sheets if you need more space. 1.Describe the event and target audience. What aspects of the event make it a good candidate for City funding? Does it address any City initiatives? 2.Explain the extent to which the event has publicity potential and identify the markets that will be targeted (i.e., local, regional, state, national) 3.Identify how the event will increase economic development, serve a public purpose, celebrate unity in diversity and promote the City of Boynton Beach as a vibrant, livable destination location 4.What other funding sources have been identified, requested or obtained? 5.Explain the total event cost and how funding from the City will be utilized. Indicate what percentage of the event City funds represent. If there are net proceeds from this event, how will the proceeds be used? 6.Provide a brief summary of the history of the organization and event for which the City funds are being requested. Include the number of years of operation, number of years the event has taken place, the goals of the event and previous outcomes. 7.If this is a new event, please explain the long-term goals and desired outcome. 8.List the name and organization responsible for the following: 189 of 219 a.Marketing and Community Outreach b.Budget/Sponsors/Donors (Revenue/Expenses) c.Event Planning & Logistics d.Volunteers e.Evaluation of the Event 9.How do you plan to “green” this event? (i.e. recycle paper/glass/plastic; transport from central parking; etc.) Note: A COMPLETE SEED Incentive Grant Application contains the following: 1.Projected budget in Excel format showing sources and uses 2.Samples of collateral materials or marketing efforts. 3.A complete listing of the organization’s current officers and directors, including addresses and telephone numbers. 4.Samples of evaluation tools and results from prior years(s), if applicable. 5.One copy of each of the following documentation: a.IRS Determination Letter b.Florida Department of State, Division of Corporations Detail by Entity Name Report c.Most recent tax return 6.Demonstration of the ability to provide the following: a.Insurance for the event b.Appropriate support – such as lighting, street closures, portable toilets, volunteers, etc. 7.Must provide the City proof of all requirements for event and permit completed at least thirty days in advance of the event or funding is forfeited. For questions regarding the application process please contact (Tara Altman), at (561) 742-6040. Application Deadline is 5:00 p.m., (insert Month, day, and year) to be considered for the City’s 2013/2014 budget funding October 1, 2013 – September 30, 2014 190 of 219 City of Boynton Beach Special Event Grants Program EVALUATION FORM Each awarded applicant must submit a completed Special Event Evaluation Form with a Profit/Loss Statement and eligible event receipts within 30 days of the final date of the event. Failure to comply will result in the withdrawal of the award. (or denial of future funding requests). If you find that you are unable to submit the Special Event Evaluation From within 30 days, due to vendor billing dates, contact the City representative. Event Name/Description: __________________________________________________ Event Date(s): ___________________________________________________________ How many times has this event been held? ________________________________________ Estimated attendance this year? ________________________________________________ Estimated Impact to downtown merchants? ________________________________________ Briefly explain the methodology for determining economic impact: _______________________ ________________________________________________________________________ Total expenditure for this event: ________________________________________________ Amount spent on advertising: __________________________________________________ How were City funds spent? ___________________________________________________ ________________________________________________________________________ Note: All eligible event receipts must be included with the Special Event Evaluation Form. A Cover Sheet including the date of expense, vendor, amount, description of the expense must accompany all eligible reimbursable event receipts. Media used for paid and sponsored advertising: _____________________________________ Area of impact for paid/unpaid advertising and publicity: 191 of 219 10-mile radius Yes___ No___ 50-mile radius Yes ___ No ___ 100-mile radius Yes ___ No ___ Statewide Yes ___ No ___ National Yes ___ No ___ Was there an excess of revenue over expenses generated from this event? __________________ If so, how much? _______________ How will this be used? ___________________________ Please include Profit/Loss Statement for the event. Signature: ____________________________________ Date: _______________________ Print Name: __________________________________ Title: _______________________ ********** FOR OFFICE USE ONLY ********** Date received: ____________________________ Staff initial: ________________________ Date Review Complete: _____________________ Staff initial: _________________________ Findings: _________________________________________________________________ ________________________________________________________________________ 192 of 219 10. C CITY MANAGER’S REPORT August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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 up to $5,000 in grant funds to the Florida EQUESTED CTION BY ITY OMMISSION Brewers Guild Association to offset costs of producing the South Florida Beer Festival at the Boynton Beach Intracoastal Park. The requested grant funds would come from a proposed grant program in FY 2014 aimed to increase the number of special events that bring economic development benefits to the City of Boynton Beach. ER: On Saturday, November 2, 2013, the Florida Brewers Guild XPLANATION OF EQUEST Association is hosting the South Florida Beer festival at the Boynton Beach Intracoastal Park from 12 pm – 5 pm. The event is expected to bring approximately 2,000 people to the City. Up to $5,000 in matching grant funds is requested to help offset the costs of the production of the event. The source of the grant funds will be from a new economic development special event grant program being proposed for FY 2014. Due to timing needs associated with planning special events, the item is being brought to City th Commission on August 6 for consideration. A contract will be brought back to the City Commission prior to the event date for formal approval. Draft program guidelines include, but are not limited to:  The event should promote the City of Boynton Beach as a place of destination in line with the City’s economic development program.  The event should increase the number of people who would normally come into the City at that time, thereby providing potential benefit to local businesses. Events that bring in new money and result in people staying overnight in Boynton Beach are highly desirable. 193 of 219  The City’s financial support should represent no more than 50% of the total event budget. The maximum amount an applicant may request is $5,000 and will be on a reimbursement basis. Volunteer hours may not be counted toward the total event budget, but the value of in-kind goods and services may be counted.  The request for City support must include a list of other City entities or groups and private sponsors from whom the applicant is seeking financial support.  The event need not always be free of charge, but should be accessible to the community/public.  The Applicant must demonstrate the ability to produce and market a well- planned, safe event.  The Applicant must demonstrate strong financial management and effective management controls, including cost-effectiveness. Successful applicants must agree to provide the event’s financial statements and allow the City to conduct its own review, if desired.  If the event is charitable in nature, it should benefit a Boynton Beach charitable organization.  The Applicant agrees to allow the City to cross-market other City-based activities, programs, projects and special events.  A written post-event evaluation shall be provided to the City. H? In the past, the City has not closed OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES its parks for private special events; however, special events that meet the guidelines above are economic drivers and provide a public benefit to residents and businesses within the City. Therefore, it is recommended the park only be open on that day to those who purchase a ticket. FI: $50,000 for economic development related marketing efforts is being ISCAL MPACT proposed in the FY 2014 budget, the same amount as approved in the FY 2013 budget. A special set-aside in the amount of $10,000 within the economic development marketing budget is being proposed to fund the new special event grant program. A: Do not approve up to $5,000 in grant funding under the newly proposed LTERNATIVES program. Another alternative would be to direct staff to find the funds from another source. 194 of 219 10. D CITY MANAGER’S REPORT August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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. R13-086 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager, or designee to apply for and execute agreements and documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant on behalf of the City of Boynton Beach. ER: In a continuing effort to culminate the development of the XPLANATION OF EQUEST Congress Avenue Barrier-Free Park, staff is applying for this grant that will fund the purchase and installation of the premier playground element of the park. This playground piece will be accessible by wheelchair or walker and offer new opportunities for children of all ages and abilities. All the equipment and amenities currently at the park have been paid for through grants, private donations and City CIP funds. The Greater Boynton Beach Foundation is also actively fundraising for donation dollars to help complete the park, and there are still numerous donation opportunities for equipment and amenities beyond the premier playground element (see attachment). In the past several years, the FRDAP grant has not been available, but now in this new funding cycle, staff has the opportunity to apply for funding that will purchase and install a major play element that is still missing from the master site plan. H? The FRDAP grant requires a 1:1 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES match (cash or in-kind) from the applicant for a maximum of $200,000 grant. The grant funded project must be complete within two years of the grant award. The larger the project scope, the more competitive the grant application. Therefore, to submit a 195 of 219 competitive grant application we must consider all the existing and planned facilities at the Barrier-Free Park and adjacent Tennis Center. This will enable us to use funding associated with a proposed Fitness Zone at the Park and capital improvement projects scheduled for FY2013/14 and FY2014/15 at the Tennis Center as our in-kind match. The proposed Fitness Zone will be made possible through a $50,000 Trust for Public Lands grant, which if awarded, will be matched 1:1 with Park Impact Fees. FI: Total Project $400,000. Includes playground, tennis center restroom ISCAL MPACT remodel, tennis court light replacement, tennis court re-surfacing and the new Fitness Zone equipment. Cost Breakdown: Playground $200,000 (FRDAP grant) o Tennis Center Restroom $80,000 (CIP FY2013/2014 - #304-4272-572-6x.xx) o Tennis court fencing $6,000 (CIP FY 2014/2015 #302-4212-572-6x.xx) o Tennis court re-surfacing $27,000 (CIP FY2014/2015 - #302-4212-572-6x.xx) o Proposed Fitness Zone equipment - two funding sources: $50,000 (Park Impact o Fees) and $50,000 (Trust for Public Lands) A: Do not authorize the application of the FRDAP grant. LTERNATIVES 196 of 219 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT ON BEHALF OF THE CITY OF BOYNTON BEACH FOR FUNDING TOWARDS DEVELOPMENT OF CONGRESS AVENUE COMMUNITY PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff is applying for a grant that will fund the purchase and installation of the premier playground element of the Congress Avenue Barrier-Free Park which will be accessible by wheelchair or walker and offer new opportunities for children of all ages and abilities; and WHEREAS, this grant requires a 1:1 match, in cash or in-kind, from the applicant for a maximum of $200,000 grant; and WHEREAS , the Florida Department of Environmental Protection administers FRDAP; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the City Manager to apply for and execute agreements and documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes the City Manager to apply for and execute agreements and documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant on behalf of the City of Boynton Beach for funding towards development of Congress Avenue Community Park. 197 of 219 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 198 of 219 199 of 219 Congress Avenue Barrier-Free Park Proposed New Elements – Wheelchair Accessible Multi-Station Playground o Accessible Fitness Zone o Proposed Renovations of Existing Elements Tennis Court Resurfacing – previously used for wheelchair tennis exhibition, resurface o for future play Tennis Court fence o Tennis Court Restrooms – for ADA Accessibility o Existing Elements (funded by) Land & Water Conservation Fund 2007-08 grant & City of Boynton Beach CIP Walking Trail o Landscaping & Lighting o Picnic Pavilion o Shaded Evos Structure Play Piece o Tot Lot with swings, wiggle walk, spinner bowl and small play structure o City of Boynton Beach CIP and Private Donations* Oodle Swing, Bucket Swings and Spinners* o Shaded Sway-Fun wheelchair accessible play piece o State of the Art Accessible Restrooms o Bike Racks*, Benches* & Water Fountain o Picnic Tables & Umbrellas* o Parking Lot o Tennis Center Grounds & Facilities o Palm Beach County grant Spray Pad Sprayground and Amenities o Future Elements Shade Sail Cover for Wheelchair Accessible Multi-Station Playground $57,200 o Therapeutic Recreation Center $1,650,000 o Wetland Restoration $20,000 o Wetland Trail & Exotic Removal $48,000 o Hobby Boat Pond $12,500 o Sensory Garden with Bamboo Walk $45,000 o Umbrella Tables& Chairs (picnic area) $4,500 o Benches around new multi-station playground $4,020 o Water Fountain $5,000 o Public Art Projects o Sway Fun Wall $17,000 o Swamp Wall at the spider Playground $9,250 o Fish Camp Entry Way Feature $26,000 o 200 of 219 201 of 219 202 of 219 203 of 219 204 of 219 205 of 219 206 of 219 207 of 219 208 of 219 209 of 219 210 of 219 211 of 219 212 of 219 12. A NEW BUSINESS August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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: Consider request by Commissioner David Merker EQUESTED CTION BY ITY OMMISSION to rename Oceanfront Beach Park ER: At the August 6, 2013 Commission meeting Commissioner XPLANATION OF EQUEST Merker requested this item be placed on the agenda for discussion. Attached you will find a copy of Ordinance 06-078 which outlines the process for naming/renaming parks and city facilities. A request for renaming a park may be initiated by the City Manager or by any member of the City Commission through the City Manager. The Commission should then appoint a five member advisory committee to consider the request. The advisory committee shall forward their recommendation to the City Commission for a final decision. Historically, the City Commission has appointed 1-2 members from the Recreation & Parks Board, the Community Relations Board and the Senior Advisory Board. However, the Ordinance does not require the advisory committee members be current advisory board members. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: Not consider request. LTERNATIVES 213 of 219 214 of 219 215 of 219 216 of 219 217 of 219 14. A FUTURE AGENDA ITEMS August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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: Announcement of Second Budget Hearing to EQUESTED CTION BY ITY OMMISSION Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 218 of 219 14. B FUTURE AGENDA ITEMS August 20, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 20, 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: Announcement of Special City Commission EQUESTED CTION BY ITY OMMISSION Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 219 of 219