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Agenda 09-17-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, SEPTEMBER 17, 2013 6:00 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 560 1. OPENINGS A. Call to order - Mayor Jerry Taylor CLOSED-DOOR SESSION ON TUESDAY, SEPTEMBER 17, 2013 AT 6:00 P.M. TO DISCUSS THE LITIGATION CASE OF MORTON E. GOLDSTEIN, PLAINTIFF VS CITY OF BOYNTON BEACH, FLORIDA, DEFENDANT, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 13-80158-CIV- MARRA/MATTHEWMAN B. Invocation by Rev. Georgia Hillesland, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct this second Public Hearing for the Fiscal Year 2013-2014 Budget in order to: PROPOSED RESOLUTION NO. R13-092 1. - Adopt the Final millage rate for the General Fund for Fiscal Year 2013-2014. PROPOSED RESOLUTION NO. R13-093 2. - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2013-2014. PROPOSED RESOLUTION NO. R13-094 B. - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2013-2014. C. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the year of 2013 as Viva Florida 500 Year. Accepting the proclamation will be Melissa Schechter, Southeast Regional Liaison Viva Florida 500. 3 of 560 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: 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 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the updated Library Long Range Plan for 2013-2018. PROPOSED RESOLUTION NO. R13-095 B. - Authorize the application and agreement for Library State Aid To Public Libraries Grant for FY2013-2014. PROPOSED RESOLUTION NO. R13-096 C. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Julie L. Marcinkoski for the property at 1105 Ridge Rd, Lantana, FL. D. Approve increase to Blanket Purchase order #130400 bringing total amount of purchase order to $29,500 to Manpower for temporary services, in the Development and City Manager Departments, as a piggyback of State of Florida Contract No. 991-460-07-1. PROPOSED RESOLUTION NO. R13-097 E. - Adopt the City of Boynton Beach's Comprehensive Emergency Management Plan. This CEMP was developed to ensure the city is prepared to deal with large scale emergencies that may occur 4 of 560 from time to time through an "All Hazards" approach to planning for, responding to, and recovering from these incidents. PROPOSED RESOLUTION NO. R13-098 F. - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $36,742 (award # 2013-DJ-BX-0233) on 08/09/2013. The funds have been allocated towards our Holiday Deployment Operation, the purchase of tasers and laptop computers. PROPOSED RESOLUTION NO. R13-099 G. - Approve the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorizing the Mayor or his designee to execute the Certifications to accompany the report. PROPOSED RESOLUTION NO. R13-100 H. - Approved transfer of $54,000 from Economic Development Division to Community Improvement Fund to continue the Commercial Rent Subsidy and Commercial Interior Build-Out Assistance Programs. I. Approve 2013-2014 premium expense for Automobile Liability Insurance with our current carrier BRIT Insurance Group in the amount of $63,348.80 for the six (6) month period of October 1, 2013 - March 31, 2014. J. Accept the written report to the Commission for purchases over $10,000 for the month of August 2013. PROPOSED RESOLUTION NO. R13-101 K. - Approve Amendment No. 2 to the Neighborhood Stabilization Program (NSP1) Agreement between the City and the CRA that extends the term of the Agreement to September 30, 2014. L. Approve extending the City's banking services contract with Bank of America from October 1, 2013 until such time as a Request for Proposal for Banking Services is prepared, advertised, reviewed and awarded. PROPOSED RESOLUTION NO. R13-102 M. - Authorize the City Manager to execute the Participation Agreement with Bank of America, N.A., Banc of America Merchant Services for payment processing services in accordance with the terms and conditions of the State of Florida Department of Financial Services Master Services Agreement with Banc of America Merchant Services. N. Approve recommendation by staff to reject all proposals submitted in response to a Request for Proposals for an "Executive Search Firm", RFP No. 073-1210- 13/JMA. O. Approve the minutes from the Regular City Commission meeting held on September 3, 2013 P. Accept the resignation of Thomas P. Mandler a regular member of the Recreation and Parks Board 5 of 560 Q. Accept the resignation of Vince Piraino, a regular member of the Community Relations Board R. Accept the resignation of Shirley Cassa, a regular member of the Planning and Development Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission . A. Request for Master Plan Modification (MPMD 13-001) and Conditional Use (COUS 13-002) approval intended to allow construction of a freestanding restaurant with drive-through facility consisting of 2,024 square feet; and related site improvements at the Cross Creek Centre, 1301 West Boynton Beach Boulevard, within a PCD (Planned Commercial Development) zoning (ITEM HAS district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. BEEN ADVERTISED AND SHOULD BE TABLED TO THE OCTOBER 15TH). PROPOSED ORDINANCE NO. 13-024 - FIRST READING B. - Request abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony (ITEM HAS BEEN Comparato, Compson Place Apartments, LLC. ADVERTISED AND NEEDS TO BE TABLED TO THE OCTOBER 1st AND OCTOBER 15th MEETINGS). C. Approve Conditional Use request for a daycare operation within the school building at Seventh Day Adventist Church, on a 1.15-acre site, located at 138 SE 27th Avenue, in the R1AA (Single Family Residential) zoning district. Applicant: Michael J. McClendon. PROPOSED ORDINANCE NO. 13-025 - FIRST READING D. - Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, off-street parking requirements, food preparation, and entertainment associated with accessory tasting rooms. Staff-initiated PROPOSED ORDINANCE NO. 13-026 - FIRST READING E. - Approve the historic designation application for the Boynton Hills Lights located along NW 1st Street, Boynton Beach. 6 of 560 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-027 - FIRST READING - PUBLIC A. HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II, and Chapter 3, Article V. 14. FUTURE AGENDA ITEMS A. Announcement of Public Meeting to be held at the Carolyn Sims Center at Wilson Park (225 NW 12th Avenue) on October 24, 2013 at 6:30 p.m. for the purpose of updating the Heart of Boynton Community Redevelopment Plan B. Renaming of Oceanfront Park - 10/15/13 C. Award RFP for lobbying services - 10-1-13 D. Approve amended Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Hearings - 10-15-13 E. Consider Planning and Zoning Review of Development projects by the CRA Board - 10-1-13 F. Proclamation for Reading and Literacy Month - 10/01/13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 7 of 560 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. 8 of 560 2. A OTHER September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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: Conduct this second Public Hearing for the Fiscal EQUESTED CTION BY ITY OMMISSION Year 2013-2014 Budget in order to: 1. PROPOSED RESOLUTION NO. R13-092 - Adopt the Final millage rate for the General Fund for Fiscal Year 2013-2014. 2. PROPOSED RESOLUTION NO. R13-093 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2013-2014. This is the second and final Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2013-2014. ndrd As a result of Budget Workshops that were held on July 22 and 23, 2013 the City Commission approved a tentative millage of 7.9000 mills. At the first budget public hearing on September 3, 2013 the Commission adopted a proposed millage rate of 7.9000 for the General Fund and adopted a tentative budget for the General Fund and all other funds for the Fiscal Year 2013-2014. The following items are a result of those workshops and budget public hearing: 1. Adopt the Millage Rate for the General Fund for Fiscal Year 2013-2014. 2. Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2013-2014. The procedure for adopting the millage rate and budget is established by 9 of 560 Section 200.065, Florida Statutes. The City of Boynton Beach customarily establishes its millage rate and budget by the adoption of Resolutions. The attached Resolutions meet the State requirements. The City Commission has cuncurred with the CRA Board’s approval of the 2013-14 CRA Budget. See City Commission Resolution No. R-13-______ H? By balancing the proposed budget OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and adopting the Resolutions, the Commission provides the legal authority to appropriate resources to carry out City programs and services for FY 2013-2014. FI: Currently, the proposed budget utilizes approximately $2.4M of General Fund ISCAL MPACT unrestricted fund balance (reserves) A: The commission may lower millage that what is proposed but that may LTERNATIVES require a change to the budget resolution. The Commission must adopt an annual budget. 10 of 560 RESOLUTION R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL MILLAGE RATE OF 7.9000 MILLS FOR THE CITY'S GENERAL FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.9000 MILLS IS 5.50% ABOVE THE ROLLED-BACK RATE OF 7.4882 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE . WHEREAS, a final budget has been reviewed and considered by the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has given notice of and conducted the public hearings required by law and has considered the recommendations of staff and the comments of the public, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby adopts the final millage rate of _7.9000 for the General Fund. The final millage rate is 11 of 560 _5.50_% above the computed rolled-back rate of 7.4882. Section 3. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17th day of September, 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) 12 of 560 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared by the City Manager estimating expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with detailed information, including revenues to be derived from sources other than the ad valorem tax levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS , the City Commission of the City of Boynton Beach has conducted a public hearing in accordance with s. 200.054 Florida Statutes on the City’s final budget and the final millage rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal year beginning October 1, 2013 and ending September 30, 2014, a copy of which is attached hereto, is hereby adopted and the appropriations set out therein are hereby made to maintain and carry on the government of the City of Boynton Beach, Florida. General Section 3. There is hereby appropriated the sum of $ 71,267,135 to the Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays for the City Government pursuant to the terms of the above budget. Local Section 4. That there is hereby appropriated the sum of $ 1,172,010 to the Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 5. That there is hereby appropriated the sum of $ 337,004 to the Community Improvements Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Public Section 6. That there is hereby appropriated the sum of $ 117,200 to the Arts Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. 13 of 560 Section 7. That there is hereby appropriated the sum of $ 968,472 to the Recreation Program Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Cemetery Section 8. That there is hereby appropriated the sum of $ 317,484 to the Special Revenue Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $ 1,493,840 to Traffic Safety Special Revenue Fund the for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Public Section 10. That there is hereby appropriated the sum of $ 8,686,229 to the Service Tax Debt Service Fund for the purpose of payment operating expenditures, transfers to other funds, and the principal and interest due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. General Section 11. That there is hereby appropriated the sum of $ 1,966,030 to the Capital Improvement Capital Projects Fund for the payment of transfers to other funds and capital outlays pursuant to the terms of the above budget. Water Section 12. That there is hereby appropriated the sum of $ 39,167,124 to the and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to other funds, and necessary capital outlay. 14 of 560 Water Section 13. That there is hereby appropriated the sum of $ 34,439,600 to the and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays pursuant to the terms of the above budget. Golf Section 14. That there is hereby appropriated the sum of $ 2,084,311 to the Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary capital outlays. Solid Section 15. That there is hereby appropriated the sum of $ 11,508,527 to the Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds and necessary capital outlays. Fleet Section 16. That there is hereby appropriated the sum of $ 7,328,709 to the Maintenance Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 17. That there is hereby appropriated the sum of $ 301,017 to the Warehouse Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Self- Section 18. That there is hereby appropriated the sum of $ 3,100,000 to the Insurance Internal Service Fund for the payment of operating expenditures, transfers to other funds, and necessary capital outlays. Section 19. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 20. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 21. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 22. This Resolution shall become effective immediately upon passage. th PASSED AND DULY ADOPTED this 17 day of September, 2013. CITY OF BOYNTON BEACH, FLORIDA 15 of 560 ____________________________ 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) 16 of 560 2. B OTHER September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-094 - EQUESTED CTION BY ITY OMMISSION Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2013-2014. ER: The Community Redevelopment Agency is a Special XPLANATION OF EQUEST District created by the City Commission. Florida Statute requires that the budget of special districts be contained with in the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2013-2014 budget at its September 10, 2013 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 17 of 560 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA RATIFYING THE 2013- 2014 ANNUAL BUDGET FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND PROVIDING AN EFFECTIVE DATE . WHEREAS, the Boynton Beach Community Redevelopment Agency was created by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The Redevelopment Agency has been designated a Florida Special District; and WHEREAS, Florida Statutes 189.418 provides that the proposed budget of a dependent special district, with the concurrence of the local governing authority, may be budgeted separately; and WHEREAS , a local governing authority may, in its discretion, review the budget or tax levy of any special district located solely within its boundaries; and WHEREAS , a final budget of the Boynton Beach Community Redevelopment Agency has been reviewed and considered by the City Commission for the ensuing year, with detailed information, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby ratifies the adoption of the Boynton Beach Community Redevelopment Agency’s 2013-2014 18 of 560 Annual Budget, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _________ day of September, 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) 19 of 560 20 of 560 21 of 560 22 of 560 23 of 560 24 of 560 25 of 560 26 of 560 27 of 560 28 of 560 29 of 560 30 of 560 31 of 560 32 of 560 33 of 560 34 of 560 35 of 560 36 of 560 37 of 560 38 of 560 39 of 560 40 of 560 41 of 560 42 of 560 43 of 560 44 of 560 45 of 560 46 of 560 47 of 560 48 of 560 49 of 560 50 of 560 51 of 560 52 of 560 53 of 560 54 of 560 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 09/17/13 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the year of 2013 as Viva Florida 500 EQUESTED CTION BY ITY OMMISSION Year. Accepting the proclamation will be Melissa Schechter, Southeast Regional Liaison Viva Florida 500. Marking the 500th Anniversary of Spanish explorer Juan Ponce de ER: XPLANATION OF EQUEST Leon’s landing on the coast of Florida in April 1513, the Florida Department of State has designated 2013 as Viva Florida 500 to celebrate the legacy of Spanish Florida as well as the achievements of all who have contributed to Florida’s dynamic growth, rich diversity and economic prosperity. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not present the proclamation. LTERNATIVES 55 of 560 Proclamation WHEREAS , 2013 marks a significant historical milestone for the state of Florida as it celebrates the 500th Anniversary of Spanish explorer Juan Ponce de Leon’s landing on the coast of Florida in April 1513; and, WHEREAS, Ponce de Leon was the first European explorer to document his voyage and bestowed the name La Florida on the new land in honor of the Spanish Feast of the Flowers; and, WHEREAS, Florida’s history dates back more than 12,000 years to the Native American tribes who preceded the Spanish explorers; and, WHEREAS, Ponce de Leon’s voyage of discovery began a new era in which native people, Europeans and other nationalities under many different flags formed the foundation that created the state of Florida; and, WHEREAS, a countless number of different cultures have contributed to Florida’s heritage and continue to live, work and thrive together today; and, WHEREAS, the Florida Department of State designated 2013 as Viva Florida 500 to celebrate the legacy of Spanish Florida as well as the achievements of all who have contributed to Florida’s dynamic growth, rich diversity and economic prosperity; and, WHEREAS, to commemorate this milestone, the City of Boynton Beach, the residents and visitors are asked to participate in the many enriching programs and events planned in honor of Viva Florida 500 throughout 2013, NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim 2013 as: Viva Florida 500 Year IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of st Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the 1 day of October, Two Thousand and Thirteen. ______________________ Jerry Taylor, Mayor ATTEST: _____________________ City Clerk 56 of 560 5. A ADMINISTRATIVE September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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: 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. 57 of 560 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 58 of 560 59 of 560 60 of 560 61 of 560 62 of 560 63 of 560 64 of 560 65 of 560 6. A CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 updated Library Long Range Plan for EQUESTED CTION BY ITY OMMISSION 2013-2018. ER: The State requires that each year, the City Commission XPLANATION OF EQUEST formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a five-year rolling plan that is updated each year by Library Administration and approved by City Commission. H? Approval will qualify the Library to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES apply for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2013-2014 Budget Request. FI: State Aid Grants bring additional library resources to the community ISCAL MPACT (estimated at $69,162 for FY13-14). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. A: Do not approve and eliminate the Library from the State Aid Grant LTERNATIVES Program. 66 of 560 67 of 560 68 of 560 69 of 560 70 of 560 71 of 560 72 of 560 73 of 560 74 of 560 75 of 560 76 of 560 77 of 560 78 of 560 6. B CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-095 - EQUESTED CTION BY ITY OMMISSION Authorize the application and agreement for Library State Aid To Public Libraries Grant for FY2013-2014. ER: The State requires that each year, the City Commission XPLANATION OF EQUEST authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2011-2012 City of Boynton Beach funds expended for Library Services ($2,290,965). Final grant award, which is estimated to be $69,162, will be announced in February 2014 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida. H? Approval will qualify the Library to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. Previous year’s awarded amounts were as follows: FY12/13 $62,369 FY11/12 $59,165 FY10/11 $54,902 FI: State Aid Grants are operational grants that bring additional library ISCAL MPACT resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant 79 of 560 amounts. The funds received from this grant will be accounted for under account number 105-0000-334-70-10 and will be expended in accordance with the grant regulations. A: Do not approve and eliminate the Library from the State Aid Grant LTERNATIVES Program. 80 of 560 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE STATE AID GRANT APPLICATION AND AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR THE FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the Grant Application and Agreement for Library State Aid each year; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize execution of the Library State Aid Grant Application and Agreement with the Florida Department of State, Division of Library and Information Services for the Fiscal Year 2013-2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to execute the Library State Aid Grant Application and Agreement with Florida Department of State, Division of Library and Information Services for the Fiscal Year 2013-2014, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2013. CITY OF BOYNTON BEACH, FLORIDA 81 of 560 ______________________________ 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 560 83 of 560 84 of 560 85 of 560 86 of 560 87 of 560 88 of 560 89 of 560 6. C CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-096 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Julie L. Marcinkoski for the property at 1105 Ridge 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 owners’ 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. 90 of 560 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”. 91 of 560 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 JULIE L. MARCINKOSKI; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1105 Ridge Road, Lantana, Florida (PCN: 00-43-45-09-08-000- 0390); 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 Julie L. Marcinkoski, 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 September, 2013. 92 of 560 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) 93 of 560 94 of 560 95 of 560 96 of 560 97 of 560 98 of 560 99 of 560 100 of 560 101 of 560 102 of 560 103 of 560 6. D CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 increase to Blanket Purchase order EQUESTED CTION BY ITY OMMISSION #130400 bringing total amount of purchase order to $29,500 to Manpower for temporary services, in the Development and City Manager Departments, as a piggyback of State of Florida Contract No. 991-460-07-1. ER: The Development Department requested a blanket XPLANATION OF EQUEST purchase order #130400 to Manpower based on State Contract for temporary services on an “as-needed basis” in September 2012. The purpose of utilizing this vendor was to supplement the Building Department’s work force to assist in Application Technician and Administrative support when the demand increases or when City staff is unavailable in order to provide appropriate processing time for these requests and customer service. Once the decision was made to re-open the reception area in the West Wing of City Hall, the Department arranged to transfer a seasoned employee to assure smooth customer interaction, and continued to support a temporary Administrative position in the City Manager’s office as replacement. This position has been included in the Fiscal Year 2013/14 budget. In response to this change the Purchase order was increased to an estimated $24,500. As the year progressed it was determined that the expense was going to exceed $25,000 which requires Commission approval. The State of Florida Contract competitive bid process meets or exceed the City of Boynton's procurement guidelines. Purchase orders exceeding $25,000 require City Commission approval. 104 of 560 H? This will provide the needed OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES approval in accordance with the City’s Purchasing Policies as to purchase orders in excess of $25,000 requiring approval by the City Commission. FI: Funding is available for this purchase order in account #001-2410-524- ISCAL MPACT 12.10. A: Not approve the payment of the expenses in excess of $25,000. LTERNATIVES 105 of 560 106 of 560 107 of 560 108 of 560 109 of 560 110 of 560 111 of 560 112 of 560 113 of 560 114 of 560 115 of 560 116 of 560 117 of 560 118 of 560 119 of 560 120 of 560 121 of 560 122 of 560 123 of 560 124 of 560 125 of 560 126 of 560 127 of 560 128 of 560 129 of 560 130 of 560 131 of 560 132 of 560 133 of 560 134 of 560 135 of 560 136 of 560 137 of 560 138 of 560 139 of 560 140 of 560 141 of 560 142 of 560 143 of 560 144 of 560 145 of 560 146 of 560 147 of 560 148 of 560 149 of 560 150 of 560 151 of 560 152 of 560 153 of 560 154 of 560 155 of 560 156 of 560 157 of 560 158 of 560 159 of 560 160 of 560 161 of 560 162 of 560 163 of 560 164 of 560 165 of 560 166 of 560 167 of 560 168 of 560 6. E CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-097 - EQUESTED CTION BY ITY OMMISSION Adopt the City of Boynton Beach's Comprehensive Emergency Management Plan. This CEMP was developed to ensure the city is prepared to deal with large scale emergencies that may occur from time to time through an "All Hazards" approach to planning for, responding to, and recovering from these incidents. ER: A resolution to adopt the CEMP developed for the City of XPLANATION OF EQUEST Boynton Beach in cooperation with the Palm Beach County Department of Emergency Management and our consultant (Emergency Response Educators). The adoption of this plan finalizes the City’s initiative to outline the processes and procedures required for the proper planning, response, and recovery operations when large scale emergency incident occur utilizing an “all hazards” approach to dealing with any such incident. H? This will better equip and prepare OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES all of our city departments to deal with any large scale incident that might have a wide spread effect on the citizens and businesses in Boynton Beach. FI: Adoption of this plan will enhance the City’s opportunities to recover all ISCAL MPACT allowable costs associated with any declared emergencies through FEMA as well as enhance our opportunities to secure grant funding for mitigation strategies. A: Don’t adopt the CEMP. LTERNATIVES 169 of 560 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH COMPREHENSIVE EMERGENCY MANAGEMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,The Comprehensive Emergency Management Plan was developed to ensure the City is prepared to deal with large scale emergencies that may occur from time to time through an “All Hazards” approach to planning for, responding to and recovering from these incidents; and WHEREAS, adoption of this plan will enhance the City’s opportunities to recover all allowable costs associated with any declared emergencies through FEMA as well as enhance our opportunities to secure grant funding for mitigation strategies; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to adopt the City of Boynton Beach’s Comprehensive Emergency management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby adopt the Comprehensive Emergency Management Plan, a copy of which is attached hereto as Exhibit “A.” Section 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _____ day of September, 2013 CITY OF BOYNTON BEACH, FLORIDA 170 of 560 ______________________________ 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) 171 of 560 172 of 560 173 of 560 174 of 560 175 of 560 176 of 560 177 of 560 178 of 560 179 of 560 180 of 560 181 of 560 182 of 560 183 of 560 184 of 560 185 of 560 186 of 560 187 of 560 188 of 560 189 of 560 190 of 560 191 of 560 192 of 560 193 of 560 194 of 560 195 of 560 196 of 560 197 of 560 198 of 560 199 of 560 200 of 560 201 of 560 202 of 560 203 of 560 204 of 560 205 of 560 206 of 560 207 of 560 208 of 560 209 of 560 210 of 560 211 of 560 212 of 560 213 of 560 214 of 560 215 of 560 216 of 560 217 of 560 218 of 560 219 of 560 220 of 560 221 of 560 222 of 560 223 of 560 224 of 560 225 of 560 226 of 560 227 of 560 228 of 560 229 of 560 230 of 560 231 of 560 232 of 560 233 of 560 234 of 560 235 of 560 236 of 560 237 of 560 238 of 560 239 of 560 240 of 560 241 of 560 242 of 560 243 of 560 244 of 560 245 of 560 246 of 560 247 of 560 248 of 560 249 of 560 250 of 560 251 of 560 252 of 560 253 of 560 254 of 560 255 of 560 256 of 560 257 of 560 258 of 560 259 of 560 260 of 560 261 of 560 262 of 560 263 of 560 264 of 560 265 of 560 266 of 560 6. F CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-098 - EQUESTED CTION BY ITY OMMISSION Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $36,742 (award # 2013-DJ-BX-0233) on 08/09/2013. The funds have been allocated towards our Holiday Deployment Operation, the purchase of tasers and laptop computers. ER: Approve the acceptance of the Edward Byrne Memorial XPLANATION OF EQUEST Justice Assistance Grant Program (JAG). Our agency was awarded $36,742 (award # 2013-DJ-BX-0233) on 08/09/2013. The funds have been allocated towards our Holiday Deployment Operation, the purchasing of Tasers and laptop computers. H? Our agency has utilized this grant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with great success over the past several years to enhance the performance of the Uniform & Support Services Division. A portion of the JAG funds are used to supplement our Holiday Deployment Operation which focuses on high profile crime prevention. This allows officers to provide extra police presence during the holiday shopping season in an area we refer to as the “Congress Avenue Corridor.” The Congress Avenue Corridor is comprised of over 500 businesses and includes the Boynton Beach Mall. In addition our agency would like to utilize a portion of the awarded JAG funds to purchase Tasers and laptop computers. Some of the Tasers that we currently use have become obsolete and the parts for repairing them are no longer available, therefore they need to be replaced with a newer model. Officers rely on the laptop computers to conduct their everyday duties such as report writing, maps, receiving calls of service and conducting histories on residence/person(s), etc. These laptops will cover the 267 of 560 replacement of existing laptops that are currently out of warranty. In addition to using obsolete technology that cannot keep up with current application requirements, it is no longer cost effective to repair some of these computers we are currently using. FI: By accepting this award, the police department will receive $36,742 to ISCAL MPACT improve our operations and better serve the community. A: Do not accept the grant award. LTERNATIVES 268 of 560 RESOLUTION NO. R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) IN THE AMOUNT OF $36,742 ALLOCATED TOWARDS THE HOLIDAY DEPLOYMENT OPERATION, THE PURCHASE OF TASERS AND LAPTOP COMPUTERS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the grant is in the amount of $36,742; and WHEREAS, a portion of the JAG funds will be used to supplement the Holiday Deployment Operation to provide extra police presence during the holiday shopping season in the area known as the Congress Avenue Corridor; and WHEREAS, in addition, a portion of the JAG funds will be used to purchase tasers and laptop computers because the tasers the Police Department have are obsolete and the parts for repairing them are no longer available, therefore they need to be replaced with a newer models and the laptops will replace the ones that are currently out of warranty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby accepts and authorizes and directs the Mayor and City Clerk to execute the Grant from the U.S. 269 of 560 Department of Justice Edward Byrne Memorial Justice Assistance Grant Program in the amount of $36,742, a copy of the agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 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) 270 of 560 271 of 560 272 of 560 273 of 560 274 of 560 275 of 560 276 of 560 277 of 560 278 of 560 279 of 560 280 of 560 281 of 560 282 of 560 283 of 560 6. G CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-099 - EQUESTED CTION BY ITY OMMISSION Approve the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorizing the Mayor or his designee to execute the Certifications to accompany the report. ER: Per Florida Statute 420.9072 State Housing Initiative XPLANATION OF EQUEST Program (SHIP) funds, the City of Boynton Beach receives an allocation of funds “which were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing specific to affordable housing, and to increase housing-related employment.” The Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Agency each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government’s chief elected official or his or her designee. The Statute also requires that the report be made available for public inspection and comment prior to certifying the report and transmitting it to the corporation. H? Failure to submit the report could OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES possibly affect the city’s ability to receive SHIP funds. FI: The ability to receive funds as they remain available. ISCAL MPACT 284 of 560 A: None. LTERNATIVES 285 of 560 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY’S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ANNUAL REPORT; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATIONS TO ACCOMPANY THE REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are “entitled” communities to assist with affordable housing efforts; and WHEREAS, the City receives an allocation of funds which, pursuant to F.S. 420.9072 were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing and to increase housing related employment; and WHEREAS, the Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Agency each year a report of its affordable housing th programs and accomplishments through June 30 of each year; and WHEREAS, the report shall be certified as accurate and complete by the local government’s chief elected official or his or her designee; and WHEREAS , upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the City’s State Housing Initiatives Partnership (SHIP) Annual Report and authorize the Mayor to execute the Certifications to accompany the report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 286 of 560 Section 1. The foregoing “Whereas” clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the City’s State Housing Initiatives Partnership (SHIP) Annual Report and authorizes the Mayor to execute the Certifications to accompany the report.. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 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) 287 of 560 288 of 560 289 of 560 290 of 560 291 of 560 292 of 560 293 of 560 294 of 560 295 of 560 296 of 560 297 of 560 298 of 560 299 of 560 300 of 560 301 of 560 302 of 560 303 of 560 304 of 560 305 of 560 306 of 560 6. H CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-100 - EQUESTED CTION BY ITY OMMISSION Approved transfer of $54,000 from Economic Development Division to Community Improvement Fund to continue the Commercial Rent Subsidy and Commercial Interior Build-Out Assistance Programs. ER: Resolution R12-037 authorized $54,400 in funding for the XPLANATION OF EQUEST Commercial Rent Subsidy and Commercial Interior Build-Out Assistance Programs. 100% of the funding is expected to be allocated to eligible applicants by the end of this fiscal year. Based upon the success-to-date of both incentive programs, staff is requesting $54,000 be transferred from the Economic Development Division to the Community Improvement Fund to provide continuing funding for both programs. H? As part of the City’s Economic OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Development Program, incentives have been set aside to assist existing business expansion into the City through these grant programs. The programs have been designed to provide financial assistance to new and existing businesses during the critical first or expansion year of operation. FI: The transfer of $54,000 from the Economic Development Division to ISCAL MPACT Community Improvement Fund will provide continued funding for these programs. A: Approve lesser funding or not approve transfer. LTERNATIVES 307 of 560 th On April 17, 2012, the City Commission approved R12-037 adopting two of the CRA’s Economic Development Incentive Programs, the Commercial Rent Reimbursement Program and the Commercial Interior Build-out Program, and $54,400 to fund the two programs. Below is a result of how the funds were expended: Breakdown of FY13 Economic Development Incentive Programs Commercial Rent Reimbursement Program: Awards Award Date Jobs Created Amount Mathnasium of Boynton Beach 05/07/2013 3 $12,000 Due South Brewery 09/03/2013 1 $12,000 $24,000 Commercial Interior Build-Out Program: Awards Award Date Jobs Created Amount Flipstone Technology Partners 03/19/2013 3 $15,000 Mathnasium of Boynton Beach 05/07/2013 1 $15,000 $30,000 Total Awarded for the two programs $54,000 308 of 560 6. I CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 2013-2014 premium expense for EQUESTED CTION BY ITY OMMISSION Automobile Liability Insurance with our current carrier BRIT Insurance Group in the amount of $63,348.80 for the six (6) month period of October 1, 2013 - March 31, 2014. PP:O1,2013–M31,2014 OLICY ERIOD CTOBER ARCH ER: Currently the City has its Excess General Liability and Worker’s XPLANATION OF EQUEST Compensation Insurance with BRIT insurance for the policy period April 1, 2013 – March 31, 2014. The current policy for Automobile Liability has a policy period of October 1, 2012 – September 30, 2013 and is also with BRIT insurance. The City’s Broker, Arthur J. Gallagher & Co., Inc., has recommended that we add our Automobile Liability coverage to our General Liability and Workers’ Compensation coverage with the belief that we will receive better quotes in the future for the combined coverage. In order to do this the City needs to add the Automobile Liability to the Excess General Liability and Workers’ Compensation policies by endorsement. The broker has received a quote for the period October 1, 2013 – March 31, 2014 in order to align the policy periods. The quote for the six (6) month period of October 1, 2013 – March 31, 2014 is $63,348.80 (inclusive of commission and assessments). 309 of 560 The following is information concerning the previous premium compared to the current renewal quote. 2012-2013 Automobile Liability Annual Premium (inclusive of commissions) $179,370 October 1, 2013 to March 30, 2014 Auto Insurance Program Premium $ 57,600.00 Insurance Broker Fee $ Incl 1.3% Assessment Fee $ 748.80 Decrease in SIR from $25K to 10K $ 5,000.00 TOTAL $ 63,348.80 The City is recommending an option to decrease the Self Insurance Retention (SIR) from $25,000 to $10,000 on vehicles of insured value of $150,000 and above for an additional $5,000 premium costs. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Combining these policies will allow us to renew all large insurance policies on April 1st of each year, which we anticipate will afford us better premium rates as the insurance markets have increased access to open markets (ability to provide more coverage options) during an April renewal period than during an October renewal period. FI: ISCAL MPACT Premium costs will be paid from Risk Management Department budget line items 522-1710- 519.45-02 and 45-03. A: LTERNATIVES Non-renewal of automobile insurance program and totally self-insuring all liability and property claims. 310 of 560 311 of 560 6. J CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 August 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 August 2013: Purchase Order Vendor Amount 130901 (Change Order) Uretek ICR, LCC. $ 20,240.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. 312 of 560 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 313 of 560 314 of 560 315 of 560 316 of 560 317 of 560 318 of 560 319 of 560 320 of 560 321 of 560 322 of 560 6. K CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-101 - EQUESTED CTION BY ITY OMMISSION Approve Amendment No. 2 to the Neighborhood Stabilization Program (NSP1) Agreement between the City and the CRA that extends the term of the Agreement to September 30, 2014. ER: Resolution R10-086 approved an agreement (the XPLANATION OF EQUEST Agreement) between the City and CRA allocating $400,000 funds in NSP1 funds from the City to the CRA for infrastructure improvements in the Ocean Breeze West development. A condition within the Agreement requires that the CRA satisfy the U.S. Department of Housing & Urban Development’s (HUD’s) National Objective requirement that the funds be used to build homes to be occupied by low-to-moderate income families. The deadline to have this completed was originally September 30, 2012. The First Amendment to the Agreement extended the deadline to September 30, 2013. The City and CRA wish to further extend the deadline to September 30, 2014 to allow for the completion of the project. H? Amendment No. 2 will provide OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES additional time needed to complete the project that upon completion will provide 21 homes to low-moderate-income families while adding to the City’s tax base. FI: None; however, at the time of this Amendment, it is uncertain as to ISCAL MPACT when NSP1 funds must be placed-in-service. In the event, the project is not completed at the time when HUD determines the homes must be placed-in-service, a provision within Amendment No. 2 states that if for any reason during the term of this Agreement HUD determines that any funds expended on homes not placed-in-service are subject to recapture, the CRA shall be responsible for the repayment of such funds. 323 of 560 A: Do not extend the term of the current agreement or approve a lesser LTERNATIVES term. 324 of 560 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AMENDMENT NO 2 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) TO EXTEND THE TERM OF THE AGREEMENT TO SEPTEMBER 30, 2014; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution R10-086 approved an agreement between the City and CRA allocating $400,000 in NSP1 funds from the City to the CRA for infrastructure improvements in the Ocean Breeze West development; and WHEREAS, a condition within the Agreement requires that the CRA satisfies the US Department of Housing & Urban Development’s National Objective requirement that the funds be used to build homes to be occupied by low-to-moderate income families by September 30, 2012; and WHEREAS , the First Amendment to the Agreement extended the deadline to September 30, 2013 and the City and CRA now wish to further extend the deadline to September 30, 2014 to allow for completion of the project; and WHEREAS , upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve a second amendment to the Neighborhood Stabilization Program 1 (NSP1) Agreement extending the deadline to September 30, 2014, and authorizing the Mayor and City Clerk to sign the Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are true and correct and are hereby 325 of 560 ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the second amendment to the Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for Neighborhood Stabilization Program 1 (NSP1) to extend the Agreement to September 30, 2014. Section 3. The Mayor and City Clerk are hereby authorized to sign the second Amendment to the Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, a copy of which is attached hereto as Exhibit “A”. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ___ day of September, 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) 326 of 560 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT is made and entered into this ______ day of ___________, 2013, between THE CITY OF BOYNTON BEACH (hereinafter referred to as the “City”) and THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as “CRA”). 1 WHEREAS, the City and CRA are parties to an Agreement dated July 20, 2010 regarding Neighborhood Stabilization funding for the project known as Ocean Breeze West (hereinafter referred to as “OBW”); and Whereas, the City and CRA wish to extend the deadline for complying with and providing NSP National Objective requirements to September 30, 2014; and In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and CRA agree as follows to amend the Agreement as follows: 1.The foregoing whereas clauses are true and correct. 2.The City Commission and the CRA Board have approved this agreement. 3.Notwithstanding the Agreement or prior amendments, the NSP National Objective must be satisfied by the CRA no later September 30, 2014 unless a otherwise determined by HUD. If the National Objective is not met, the NSP funding allocated under this Agreement must be repaid to the City by the CRA. 4.All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. 1 Agreement approved by City Resolution 10-086 327 of 560 CITY OF BOYNTON BEACH, FLORIDA By: _________________________ Jerry Taylor, Mayor ATTEST: BY:________________________ Janet M. Prainito, MMC [CORPORATE SEAL] City Clerk BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: _________________________ Jerry Taylor, Chair Approved: _________________________ James A. Cherof, City Attorney S:\CA\AGMTS\AMENDMENT CRA-CITY OBW.Docx S:\CA\AGMTS\AMENDMENT CRA-CITY OBW.docx 328 of 560 6. L CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 extending the City's banking services EQUESTED CTION BY ITY OMMISSION contract with Bank of America from October 1, 2013 until such time as a Request for Proposal for Banking Services is prepared, advertised, reviewed and awarded. ER: The current agreement for banking services with Bank of XPLANATION OF EQUEST America expires September 30, 2013 per R11-104. This was the last extension period and the City needs to issue a Request for Proposal (RFP) for banking services. The Finance Department has not been able to complete the RFP and issue it and therefore, requests to extend the current banking services agreement with Bank of America until an RFP can be advertised and awarded. H? The City’s banking services are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES currently with Bank of America. Bank of America is the bank used by most of our employees. They provide the City and our employees with excellent service. While being a very large bank, they provide a local hometown level of service. They demonstrate local commitment to Palm Beach County through a variety of ways – in the volunteer efforts of their associates and financial grants to nonprofit partners, which help America’s children and families succeed, neighborhoods flourish and communities prosper. FI: During the extension period all rates and fees will remain the same so ISCAL MPACT there will be no additional fiscal impact. Future costs will vary by the number of City banking transactions that determine the banking service fees and the interest earnings 329 of 560 credit. Bank of America gives the City an interest earnings credit for monies on deposit which reduces annual costs. A: Extend the current agreement and not issue RFP. LTERNATIVES 330 of 560 331 of 560 332 of 560 333 of 560 334 of 560 335 of 560 336 of 560 337 of 560 338 of 560 339 of 560 340 of 560 341 of 560 6. M CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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. R13-102 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to execute the Participation Agreement with Bank of America, N.A., Banc of America Merchant Services for payment processing services in accordance with the terms and conditions of the State of Florida Department of Financial Services Master Services Agreement with Banc of America Merchant Services. ER: The City currently uses Bank of America, N.A., Banc of XPLANATION OF EQUEST America Merchant Services for payment processing services of credit card transactions. We have been notified from Bank of America that the State of Florida, Department of Financial Services has chosen Bank of America, N.A., Banc of America Merchant Services to continue to provide payment processing services. There have been changes to the State’s Master Services Agreement which requires the City to execute a new Participation Agreement prior to September 30, 2013 in order to continue to have credit card payments processed. H? The City’s ability to accept credit OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES card payments for various City services is a valuable and expected service for our residents and customers. By executing the participation agreement there will be no disruption of credit card payment processing. FI: The City will be charged the fees for these services that the State of ISCAL MPACT Florida has negotiated. 342 of 560 A: Do not sign participation agreement and advertise for another vendor to LTERNATIVES perform payment processing services for credit card payments and cease accepting credit card payments as of September 30, 2013. 343 of 560 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A PARTICIPATION AGREEMENT WITH BANK OF AMERICA, N.A., BANC OF AMERICA MERCHANT SERVICES FOR PAYMENT PROCESSING SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach currently uses Bank of America, N.A., Banc of America Merchant Services for payment processing services of credit card transactions; and WHEREAS, the State of Florida, Department of Financial Services has chosen Bank of America, N.A., Banc of America Merchant Services to continue to provide payment processing services, however, there have been changes to the State’s Master Services Agreement which requires the City to execute a new Participation Agreement prior to September 30, 2013 in order to continue to have credit card payments processed; and WHEREAS , the City Commission of the City of Boynton Beach, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to execute a Participation Agreement with Bank of America, N.A., Banc of American Merchant Services for payment processing services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, hereby approves and authorizes the City Manager to execute a Participation Agreement with Bank of America, N.A., Banc of America Merchant Services for payment processing services, a copy of which is attached hereto as Exhibit “A”. 344 of 560 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of September, 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) 345 of 560 ATTACHMENT D PARTICIPATION AGREEMENT BETWEEN BANK OF AMERICA, N.A. BANC OF AMERICA MERCHANT SERVICES, LLC and _______________________________________ This Participation Agreement is entered into between Bank of America, N.A., Banc of America Merchant Services (together “Contractor”) and ________________________, (“Participant” as defined in the Scope of Work, Attachment A to the Master Contract with the Department of Financial Services). The Master Contract together with the Merchant Services terms and conditions and other attachments and incorporated documents are collectively referred to herein as the “Master Contract”. Signatures on incorporated documents do not serve to negate the prevailing provisions of the Master Contract. I. PARTICIPATION TERMS AND CONDITIONS A. All defined terms in the Master Contract apply to this Participation Agreement. B. By signing this Participation Agreement, the Participant and the Contractor agree to be bound by the terms of this Participation Agreement, and the Master Contract, in the performance of their obligations. By signing below, Participant represents that a copy of the Master Contract has been provided or made available to it. C. If Participant is an Agency Participant, Participant hereby authorizes Contractor to share any and all information related to the Master Contract, excluding personally identifiable information of a cardholder, it has or obtains pursuant to this Participation Agreement and the Master Contract with representatives of the State of Florida and the specific Agency of the State of Florida to which it reports. If a Participant is a Local Government Participant, Participant hereby authorizes Contractor to share with the Department information that is required in the Dashboard under the Master Contract, excluding personally identifiable information of a cardholder. D. The parties shall retain copies according to their retention schedules under applicable law. E. Participants who elect specialized services that are subject to additional agreement terms offered as optional services under the Master Contract, are subject to those terms; however additional agreement terms do not serve to negate the prevailing provisions of the Master Contract. 346 of 560 II. MERCHANT SERVICES TERMS AND CONDITIONS Participant will provide Contractor with updated business and financial information concerning Participant, including evidence of required licenses and other information and documents Contractor may reasonably request from time to time. All material marked Confidential that Contractor receives from Participant will be used only by Contractor, or Card Organizations or other third parties necessary to perform services under this Participation Agreement or related services and reporting. At any reasonable time, Contractor or any Card Organization may audit Participant’s records relating to this Participation Agreement. Florida law, as applied to agreements made without reference to conflict of law provisions, governs the Master Contract and this Participation Agreement. III. FEES TO BE PAID TO CONTRACTOR A.The Participant agrees to pay the Contractor all fees and charges in Attachment B of the Master Contract. B.Such fees and charges will be billed monthly to the Agency and Local Government Participants via an invoice process, unless a Local Government Participant elects to have the Contractor debit their Settlement Account. IV. EFFECTIVE DATE AND TERMINATION e A.This Participation Agrement will become effective on the date it is signed by all parties. B.Unless earlier terminated by one of the parties, this Participation Agreement remains in full force and effect until the earlier of (i) termination of the Master Contract or (ii) any date provided here: ___________________________________, not to exceed the expiration or termination of the Master Contract. C.In the absence of a default by the other party, either party may terminate this Participation Agreement at any time by giving the other party ninety (90) days prior written notice. Either party may terminate this Participation Agreement after a default by the other party as provided in the Master Contract. D.In the event of non-payment of fees because of insufficient funds in the Settlement Account or non-payment of an invoice for forty (40) days or more, Contractor may cease processing following 10 days’ notice from Contractor according to the Master Contract. If Participant is an Agency Participant, payment shall be pursuant to section 215.422, F.S. If Participant is a Local Government Participant, payment shall be pursuant to legal requirements applicable to a Local Government Participant. 347 of 560 V. NOTICES A. Any notice required or permitted to be given under this Participation Agreement or the Master Contract from one party to the other will be in writing and will be given and deemed to have been given when actually received, if hand delivered, delivered by telephonic facsimile transmission equipment and confirmed by telephone with and original mailed or hand-delivered thereafter or mailed by certified or registered mail with postage prepaid to the party or their successor at the address specified as follows: 1. Participant; 2. Contractor; 3. Routine notices given by Contractor to Participant, such as transaction details, changes in terms required by systems updates or Payment Card Organization changes and any reasonable notice required by the Contractor’s services agreement or addenda, schedules, and attachments, may be delivered by electronic mail to the address provided by Participant above. B. Either party may change the address to which notices are to be delivered by giving to the . other party not less than ten (10) Business Days prior written notice thereof VI. ELECTION OF OPTIONAL SERVICES Participant hereby elects to receive the following optional services pursuant to the terms and conditions contained in the various service addenda which are incorporated by reference in the Master Contract and attached thereto. The terms and conditions contained in a particular addenda shall not apply to Participant unless and until Participant elects, by indicating herein, or by future written election signed by the parties, to utilize such optional service. Account Updater Data File Manager Dynamic Currency Conversion MobilePay PayPoint TransArmor VII. MISCELLANEOUS PROVISIONS 348 of 560 A. This Participation Agreement, incorporating the terms of the Master Contract, contains the entire understanding of the parties and supersedes any and all previous discussions, proposals, or agreements, if any, between the parties with respect to the subject matter hereof. B. This Participation Agreement may not be amended except by an instrument in writing signed by an authorized representative of each of the parties. C. Limitation of liability shall be according to PUR 1000-20 as modified in the Master Contract. D. This Participation Agreement is binding on the parties and their successors and assigns. Participant’s Name: Select One: Agency Participant Local Government Participant By: Printed Name: Title: Date: Contractor’s Name: Bank of America, N.A. By: Printed Name: Title: Date: Banc of America Merchant Services, Contractor’s Name: LLC By: Printed Name: Title: Date: 349 of 560 350 of 560 351 of 560 352 of 560 353 of 560 354 of 560 355 of 560 356 of 560 357 of 560 358 of 560 359 of 560 360 of 560 361 of 560 362 of 560 363 of 560 364 of 560 365 of 560 366 of 560 367 of 560 368 of 560 369 of 560 370 of 560 371 of 560 372 of 560 373 of 560 374 of 560 375 of 560 376 of 560 377 of 560 378 of 560 379 of 560 380 of 560 381 of 560 382 of 560 383 of 560 384 of 560 385 of 560 386 of 560 387 of 560 388 of 560 389 of 560 390 of 560 391 of 560 392 of 560 393 of 560 394 of 560 6. N CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 recommendation by staff to reject all EQUESTED CTION BY ITY OMMISSION proposals submitted in response to a Request for Proposals for an "Executive Search Firm", RFP No. 073-1210-13/JMA. ER: XPLANATION OF EQUEST A Request for Proposal for an “Executive Search Firm” was issued to assist the City in locating qualified candidates for the position of Chief of Police. The RFP was advertised on July 24, 2013 with a proposal due date of August 15, 2013. Three (3) proposals were submitted in response to the solicitation for the executive search firm. Subsequent to the opening of proposals, City staff determined that it is in the best interest of the City to reject all proposals and cancel the Request for Proposal for an Executive Search Firm, as stated in the RFP documents: “General Conditions for Proposers” - “Right to Reject RFP” and “Rights of the City”. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City staff will review other alternatives. FI: ISCAL MPACT The City will not expend funds at this time to contract with an Executive Search Firm. A: LTERNATIVES Do not reject the proposals and move forward with selecting an Executive Search Firm. 395 of 560 6. O CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 September 3, 2013 The City Commission met on September 3, 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 396 of 560 397 of 560 398 of 560 399 of 560 400 of 560 401 of 560 402 of 560 403 of 560 404 of 560 405 of 560 406 of 560 407 of 560 408 of 560 409 of 560 410 of 560 411 of 560 412 of 560 413 of 560 414 of 560 415 of 560 416 of 560 6. P CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Thomas P. Mandler a EQUESTED CTION BY ITY OMMISSION regular member of the Recreation and Parks Board ER: Thomas P. Mandler has submitted his resignation as a XPLANATION OF EQUEST Regular member of the Recreation and Parks Board. H? The Recreation and Parks Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 417 of 560 418 of 560 6. Q CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Vince Piraino, a regular EQUESTED CTION BY ITY OMMISSION member of the Community Relations Board ER: Vince Piraino has submitted her resignation as a Regular XPLANATION OF EQUEST member of the Community Relations Board. H? The Community Relations Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 419 of 560 420 of 560 6. R CONSENT AGENDA September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Shirley Cassa, a regular EQUESTED CTION BY ITY OMMISSION member of the Planning and Development Board ER: Shirley Cassa has submitted her resignation as a Regular XPLANATION OF EQUEST member of the Planning and Development Board. H? The Planning and Development OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Board will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 421 of 560 422 of 560 9. A PUBLIC HEARING September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Request for Master Plan Modification (MPMD 13- EQUESTED CTION BY ITY OMMISSION 001) and Conditional Use (COUS 13-002) approval intended to allow construction of a freestanding restaurant with drive-through facility consisting of 2,024 square feet; and related site improvements at the Cross Creek Centre, 1301 West Boynton Beach Boulevard, within a PCD (Planned Commercial Development) zoning district. Applicant: Michael Janoura of Cross Creek Boynton, LLC. (ITEM HAS BEEN ADVERTISED AND SHOULD BE TABLED TO THE TH OCTOBER 15 ). ER: This item could not be heard by the Planning & XPLANATION OF EQUEST Development Board as scheduled and noticed in the newspaper, due to lack of mailing the required property owner notices. To maintain the validity of the legal advertisement th published in the newspaper, the item should be tabled date certain, to the October 15 public hearing. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 423 of 560 424 of 560 425 of 560 426 of 560 427 of 560 428 of 560 429 of 560 430 of 560 431 of 560 432 of 560 433 of 560 434 of 560 435 of 560 436 of 560 437 of 560 438 of 560 439 of 560 440 of 560 441 of 560 442 of 560 443 of 560 444 of 560 445 of 560 446 of 560 447 of 560 448 of 560 449 of 560 450 of 560 451 of 560 EXHIBIT “D” - CONDITIONS OF APPROVAL Project Name: Cross Creek Centre File number: MPMD 13-001 / COUS 13-002 rd Reference: 3 review plans identified as a Master Plan Modification and Conditional Use with a July 23, 2013 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, correct the western access drive from Boynton Beach Boulevard on all civil, tree disposition, and landscape plan sheets to indicate one (1) right-in lane and one (1) right-out lane (no √ left turn due to median). Align proposed striped median and inbound and outbound traffic drive aisles accordingly. 2. At time of permitting, revise Sheet TS-3 to tabulate the total number or diameter inches of existing trees on the site proposed to be √ preserved in place, relocated, or removed and replaced [diameter inches] on the site, and indicate all replacement trees with a separate symbol on the landscape plan. 3. At time of permitting, revise landscape plans to indicate tree protection barriers for the 39 existing trees to be preserved in place. √ 4. At time of permitting, revise landscape plans and tree disposition plans as follows: a. Trees 11-12: healthy, must relocate, show new location on landscape plan. b. Trees 14, 16, 18: show mitigation 26” total. c. Trees 51-59: shown as relocate in table, not shown relocated on landscape plan. d. Trees 62-69, 71: relocate, show new location on landscape √ plan. e. Trees 72, 75-77: relocate, show new location on landscape plan. f. Trees 85-86: shown as remaining on landscape plan, show as remaining in table. g. Trees 101-113: shown as remaining on landscape plan, show as remaining in table. 5. At time of permitting, revise landscape plans to indicate where the 15 Royal Palms are to be relocated on the site. √ 6. At time of permitting, revise landscape plan to include a 25 foot safe sight triangle and provide mature plant/tree size for all plant material within the 25 foot safe sight triangle, verifying that all will be within the guidelines for plantings within the 25 foot safe sight triangle, √ especially cross visibility at maturity. (Ch. 4, Art. II Sec. 4.A.14.a. of the LDR) 452 of 560 DEPARTMENTS INCLUDE REJECT 7. At time of permitting, submit an Irrigation Plan that follows the Florida Friendly - Waterwise principles using water saving √ components. FIRE Comments: All previous comments have been addressed. POLICE Comments: 8. Prior to issuance of the building permit, the applicant shall prepare a construction site security and management plan for approval by the √ City’s Police Department CPTED Official. 9. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a staging area to store equipment and park machinery must be fenced. The staging area must be visible from an accessible √ roadway to allow effective police patrol. Lighting must be provided to allow complete visibility to the area. Approved padlock for all storage trailers and equipment trailers and park within staging area. 10. At time of permitting, revise plans to ensure there is no conflict with outdoor lighting and long-term tree canopy growth. Timer clock or √ photocell lighting for nighttime use shall be above or near entryways. 11. At time of permitting, revise plans to indicate pedestrian scale lighting shall be used for all street and pedestrian walkways, with √ interactive or lighting on demand used in sensitive areas. BUILDING DIVISION Comments: All previous comments have been addressed. PARKS AND RECREATION Comments: None 453 of 560 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 12. At time of permitting, submit a copy of waiver approval from the Engineering Division for the loading zone or revise plans to include √ the required loading zone for proposed Building “C”. 13. At time of permitting note on plans that all rooftop equipment must be completely screened from view at a minimum distance of 600 √ feet (per Ch 4, Art III, Sec. A.9.a.) 14. At time of permitting, revise plan sheets for proposed Building “C” building elevations to identify added decorative features such as √ medallions, including color and materials. 15. At time of permitting, revise landscape plan to note that existing landscape buffer wall shall be maintained with a neutral color that is √ consistent with the new color palette for the shopping center. 16. At time of permitting, revise site plan and landscape plan to indicate and label the existing monument sign near the eastern access drive. √ 17. Prior to permitting, submit a revised Master Sign Program to Planning & Zoning for approval that integrates the new facades and color palette for the shopping center, and the new tenant for √ proposed building (including menu board). 18. Prior to permitting, provide details of proposed multi-tenant wall signage, including sign dimensions, font, colors, and sign face area per sign. Per the Community Design Plan requirements of the LDR, √ only one (1) type of sign and (1) font/lettering style is permitted. 19. Any signage for proposed Building “C” that is visible from adjacent property to the north shall be non-illuminated so as to minimize √ impacts to adjacent residential properties. 20. The Florida Royal Palms along Boynton Beach Boulevard are very close to FPL power lines. At time of permitting, revise landscape plans to indicate all existing and proposed Royal Palms along √ Boynton Beach Boulevard shall be relocated elsewhere on site and replaced with a native species of canopy tree (with a minimum 4- inch caliper) that complies with the FPL “Right Tree, Right Place” guide and City landscape standards. 21. At time of permitting, revise landscape plan to include a canopy tree in between each existing tree that is no longer Florida No. 1 quality to screen adjacent residential properties from view above the 6 foot √ buffer wall. 454 of 560 DEPARTMENTS INCLUDE REJECT 22. At time of permitting, revise landscape plan to provide required foundation landscaping for proposed Building “C” by adding trees or palms (proportional to building height) and shrubs along the west √ side, and a planter (a minimum of 5 feet wide) in paver area on the east side of the building. 23. At time of permitting, revise landscape plans to propose trees and colorful shrubs for all planters in paver areas on south and east building elevations of proposed Building “C” to comply with √ foundation landscaping requirements. 24. At time of permitting, revise landscape plan to propose a 12-14 foot Traveler’s Palm or White Bird of Paradise Palm midway on north side of proposed Building “C” to break up the large expanse of blank √ wall and continuous hedge. 25. At time of permitting, revise landscape plan to relocate the proposed trash receptacle to the east façade of proposed Building “C” near √ the side door to reduce conflict with handicap accessibility and outdoor seating. 26. At time of permitting, revise photometric plan site layout to match new parking and landscape island designs indicated on other plan √ sheets. 27. Staff recommends that the audio component of the menu board related to the drive-through facility project sound to the east, rather than north, in order to mitigate any potential negative impact to the residential neighborhood to the north. Sound levels shall be √ monitored and if sound levels are found to exceed sound limitations of the code, the owner or operator shall either reduce the amplification level to comply with city sound limits, or apply additional sound mitigation measures to accomplish same. 28. At time of permitting, revise plans to indicate all existing dumpsters for the shopping center shall be completely screened in compliance with City requirements, and all dumpster enclosures shall be painted √ to match a neutral color used on the new color palette for the buildings. 29. At time of permitting, revise plans to extend the pavered walkway in front of Building “B” to include the area designated for parallel parking on each side of the striped pedestrian walkway, thereby √ eliminating two (2) parallel parking spaces and providing additional safety for pedestrians. COMMUNITY REDEVELOPMENT AGENCY Comments: None (not in CRA area). 455 of 560 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\ MPMD 13-001\Conditions of Approval Post PD.doc 456 of 560 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cross Creek Centre (MPMD 13-001 / COUS 13-002) APPLICANT/AGENT: Victor Yue of Dorsky & Yue International, LLC rd APPLICANT’S ADDRESS: 100 SE 3 Avenue, Suite 2410, Fort Lauderdale, FL 33394 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 15, 2013 APPROVAL SOUGHT: Master Plan Modification and Conditional Use to allow construction of a freestanding restaurant with drive- through facility consisting of 2,024 square feet and related site improvements at the Cross Creek Centre, a 4.54-acre parcel in the Planned Commercial Development (PCD) zoning district. LOCATION OF PROPERTY: 1301 West Boynton Beach Boulevard 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 ___ 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 “D” 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: _______________________________________________________________ 457 of 560 _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Cross Creek Centre\Development Order MPMD 13-001 & COUS 13-002.doc 458 of 560 9. B PUBLIC HEARING September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-024 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Request abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons, 1831 Renaissance Commons Boulevard, zoned SMU (Suburban Mixed Use). Applicant: Anthony Comparato, Compson Place Apartments, LLC. st ITEM HAS BEEN ADVERTISED AND NEEDS TO BE TABLED TO THE OCTOBER 1 AND th OCTOBER 15 MEETINGS. ER: This item could not be heard by the Planning & XPLANATION OF EQUEST Development Board as scheduled and noticed in the newspaper, due to lack of mailing the required property owner notices. To maintain the validity of the legal advertisement st published in the newspaper, the item should be tabled date certain, to the October 1 th and October 15 public hearings. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 459 of 560 460 of 560 461 of 560 462 of 560 463 of 560 464 of 560 465 of 560 466 of 560 EXHIBIT "D" Conditions of Approval Project name: Compson Place Utility Easement Abandonment File number: ABAN 13-003 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1The abandonment of the portions of the 12 foot-wide utility easement is subject to recording of a replacement easement acceptable to the City in the County records. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place ABAN 13-003\COA.doc 467 of 560 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Compson Place Utility Easement Abandonment (ABAN 13-003) APPLICANT: Jeffrey Schnars P.E., Schnars Engineering Corporation APPLICANT’S ADDRESS: 949A Clint Moore Road, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2013 APPROVAL SOUGHT: Abandonment of portions of a 12 foot-wide Utility Easement located at Compson Place at Renaissance Commons LOCATION OF PROPERTY: SE corner of Gateway Boulevard & Congress Avenue (1831 Renaissance Commons Boulevard) 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 “D” 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: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 468 of 560 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\Compson Place Aban\DO COUS 13-003.doc 469 of 560 9. C PUBLIC HEARING September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 Conditional Use request for a daycare EQUESTED CTION BY ITY OMMISSION operation within the school building at Seventh Day Adventist Church, on a 1.15-acre site, located at 138 SE 27th Avenue, in the R1AA (Single Family Residential) zoning district. Applicant: Michael J. McClendon. ER: Michael J. McClendon is seeking conditional use approval for a XPLANATION OF EQUEST daycare operation within an existing church school building of 3,061 square feet for up to 80 children ages 2 to 5. The building was last operated as the Gold Coast Junior Academy for grades K through 8. The building is part of the Seventh Day Adventist Church campus, which includes the 2,716 square foot church building, a 2,360 square foot sabbath school building, a 2,448 square foot fellowship hall and a 3,061 square foot school building. The operator envisions hours of operation between 6 AM and 6 PM Monday thru Friday, which will not impact peak church use of the parking.The existing landscaping appears to be in good condition. With the addition of the daycare use, the applicant will be required to fill in any gaps existing around the parking lot and continue the cocoplum hedge along the east and south property lines to better buffer the outdoor play area from residential structures, in conformance with Note #33 of the Use Matrix for daycare operations. The daycare use is generally compatible with surrounding residential properties, as 1) daycares located at churches are generally patronized by church membership and neighborhood residents, and 2) since a school previously operated from the site. With the building’s large setbacks and appropriate buffering, any impacts should be minimal. th The Planning & Development Board reviewed this request at their August 27 meeting and recommended approval. 470 of 560 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: Approve the request, approve the request with conditions, or deny the LTERNATIVES request. 471 of 560 472 of 560 473 of 560 474 of 560 475 of 560 476 of 560 477 of 560 478 of 560 479 of 560 480 of 560 481 of 560 EXHIBIT "D" Conditions of Approval Project name: Lil’ Footprint Academy File number: COUS 13-001 Reference: DEPARTMENTS INCLUDE REJECT / ENGINEERINGPUBLIC / WORKS UTILITIES Comments: 1. No playground equipment shall be placed over the utility easement. X 2. Any impervious surfaces created in the play area will be evaluated X for further drainage review at time of permitting. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING 482 of 560 DEPARTMENTS INCLUDE REJECT Comments: 3. Placement of any play equipment shall be restricted to close X proximity to the school building, on the south side only, with no equipment placed east of the east wall of the school building. 4. The Cocoplum hedge proposed along the east property line buffer X shall be planted tip-to-tip with branches touching and shall be allowed to grow naturally to become a dense buffer, with only periodic pruning to encourage a full, dense, and tall hedge. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Lil' Footprint Academy\COUS 13-001\COA.doc 483 of 560 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lil’ Footprint Academy (COUS 13-001) APPLICANT: Michael J. McClendon, T&M Consulting APPLICANT’S ADDRESS: 7228 Chesapeake Circle, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 17, 2013 APPROVAL SOUGHT: Conditional Use approval for a daycare operation within the existing school building located at the Seventh Day Adventist Church, on a 1.15-acre parcel. th LOCATION OF PROPERTY: 138 SE 27 Avenue 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 “D” 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: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 484 of 560 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Lil' Footprint Academy\DO (COUS 13-001).doc 485 of 560 9. D PUBLIC HEARING September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-025 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, off-street parking requirements, food preparation, and entertainment associated with accessory tasting rooms. Staff-initiated. ER: In 2011, the City was approached by two (2) different “craft XPLANATION OF EQUEST beer” microbrewers, who wanted to start businesses in the south Palm Beach County area, choosing Boynton Beach as a possible destination. Each company had inquired about locating their business on industrial land, because the buildings constructed on such lands are generally well suited to accommodate the inherent spatial needs and lease rates sought by the brewers, compared to similarly-sized commercial buildings. However, the City’s zoning regulations contained prohibitions against brewing and distilling, which would have prevented the businesses from relocating into the City. Staff felt that the craft microbrewery concept was an emerging industry that was gaining traction in the highly competitive south Florida market, and that the prohibition against brewing and distilling needed to be re-evaluated. Initially, staff was reluctant to allow the on-site consumption of alcohol, particularly within industrial areas, due to concerns that the operation would evolve into a brewpub, bar, or nightclub, which are not allowed within the M-1 district. However, staff addressed this issue by drafting creative provisions that would allow a “tasting room,” a term used throughout the industry that essentially gives the microbrewer the ability to have accessory retail sales and sampling/drinking areas, but which is operationally less intense and discernibly different than a bar or nightclub (e.g., limited hours of operation, no food preparation, etc.). 486 of 560 No substantial changes are being proposed to beverage or food manufacturing regulations per se, other than modifying the provisions for tasting rooms by 1) allowing the maximum size to be larger where located in the M-1 district; 2) imposing a more stringent off-street parking requirement on those establishments in which tasting rooms exceed 20% of the gross floor area; and 3) by restricting live entertainment to non- amplified sound for these types of establishments in the M-1 district – facilitating the use of background or mood music as opposed to entertainment. Unrestricted entertainment could lead to activities and patronage that well exceed the capacity (e.g. parking spaces) of a give industrial property. H? The proposed amendments will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES further the economic development initiatives, and maintain an LDR that is user-friendly and supportive of desirable development and redevelopment. FI: Will directly promote development or redevelopment within the City and ISCAL MPACT therefore contribute to the City’s tax base. A: None recommended. LTERNATIVES 487 of 560 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, USE REGULATIONS, SECTION 3D AND ARTICLE V, MINIMUM OFF-STREET PARKING REQUIREMENTS TO MODIFY THE RESTRICTIONS ASSOCIATED WITH BEVERAGE AND FOOD MANUFACTURING ESTABLISHMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendments to the Land Development Regulations (LDR) to beverage and food manufacturing, particularly tasting rooms, which will promote economic development and make Boynton Beach more competitive in the microbrewery marketplace; and WHEREAS , staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments by allowing the maximum size to be larger where located in M-1 districts, imposing a more stringent off-street parking requirement on those establishments in which tasting rooms exceed 20% of the gross floor area and by restricting live entertainment to non-amplified sound for these types of establishments in the M-1 district; 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 to amend the Land Development Regulations to modify the restrictions associated with beverage and food manufacturing establishments. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 488 of 560 Section 2. Chapter 3, Article IV, Use Regulations, Sections 3D of the Land Development Regulations, are hereby amended by adding the words and figures in underlined type, as follows: ARTICLE I OVERVIEW… ARTICLE II GENERAL PROVISIONS… ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES… ARTICLE IV USE REGULATIONS Section 1. Operational Performance Standards… Section 2. Hardous/Toxic Waste and Substances… Section 3. Use Regulations. A. General… B. General Rules of Use Matrix… C. Use Matrix Legend… D. Use Matrix (Table 3-28). 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room or and retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph “d” below for additional provisions pertaining to Beverage Manufacturing establishments. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. c. M-1 district. b. 489 of 560 (1) An accessory commercial component (i.e., tasting room or and retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. Where optional or required, the tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the tasting area shall be as follows: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph “d” below for additional provisions pertaining to Beverage Manufacturing establishments. The establishment is ineligible for a live entertainment permit. d. Beverage Manufacturing. (1)A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. (3) No permanent food preparation is allowed on premises. Section 3. Chapter 3, Article V, Minimum Off-Street Parking Requirements of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Part III (LDR), Chapter 3, Article V, Section 2E. 490 of 560 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Section 1. General… Section 2. Standards. A. General… B. Table 4-17. Residential and Lodging Uses… C. Table 4-18. Commercial and Office & Health Care Uses… D. Table 4-19. Arts, Entertainment, and Recreational Uses… E. Table 4-20 Industrial Uses. Standard Number of Required Industrial Uses Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non-residential use (minimum): 4 or 1 per 200, whichever is 1 greater Beverage and/or Food Manufacturing 1 per 500 2 Dry Cleaning Plants: 1 per 500 Publishing and Commercial Printing: 1 per 500 Packing & Shipping, Trucking, and Moving: 1 per 800 Research & Development, Scientific / Technological: 1 per 300 Warehouse, Wholesale, Distribution Multi-tenant building, Multi-use: 1 per 500 2 Single-tenant building, Single-use: 1 per 800 2 Warehouse, Dead-Storage 1 per 1,000 Warehouse, Internet Sales 1 per 700 3 Storage, Self-Service (Limited and Multi-access): 1 per 75 bays 4 Manufacturing and industrial uses not listed elsewhere: 1 per 500 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. 3 2 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed 20% of a single-tenant building or 20% of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1) space per 300 square feet for any accessory office floor area that exceeds 20% of the building / bay(s). 491 of 560 4 3 Plus one (1) space per 500 square feet of area devoted to showroom/auction room. 5 4 Plus one (1) space per 400 square feet of office space plus two (2) security spaces, if applicable. . Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2013. 492 of 560 SECOND, FINAL READING AND PASSAGE 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) 493 of 560 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 13-029 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP, CFM, LEED Green Associate Planner II DATE: August 21, 2013 RE: Beverage and Food Manufacturing (CDRV 13-003) – Approve amendments to the Land Development Regulations (LDR) modifying gross floor area regulations, off-street parking requirements, food preparation, and entertainment associated with accessory tasting rooms. BACKGROUND AND EXPLANATION In 2011, the City was approached by two (2) different “craft beer” microbrewers, who wanted to start businesses in the south Palm Beach County area, choosing Boynton Beach as a possible destination. Each company had inquired about locating their business on industrial land, because the buildings are generally well suited to accommodate the inherent need for tall ceilings and large, expansive spaces and apparent cheaper leasing rates as compared to similarly sized commercial buildings. However, the City’s zoning regulations contained prohibitions against brewing and distilling, and ultimately prevented the businesses from relocating into the City. Staff felt that the craft microbrewery concept was an emerging industry that was gaining traction in the highly competitive south Florida market, and that the prohibition against brewing and distilling needed to be re-evaluated. Also, each microbrewer that approached the City described their business plan as being comprised of three (3) necessary components - 1) beer production; 2) beer distribution; and 3) on-site consumption. Initially, staff had a problem with allowing the on-site consumption of alcohol, particularly within industrial areas, due to concerns that the operation would evolve into a brewpub, bar, or nightclub, which is a use that is neither allowed nor appropriate in the M-1 district. However, staff addressed this issue by drafting creative provisions that would allow a “tasting room,” a term used throughout the industry that essentially gives the microbrewer the ability to have accessory retail sales and sampling/drinking areas, but which is operationally less intense and discernibly different than a bar or nightclub (e.g., limited hours of operation, no food preparation, etc.). In September of 2011, the City adopted Ordinance 11-020, which removed the prohibition against brewing and distilling and created provisions for accessory commercial components (e.g. tasting room, facility tours) to beverage and food manufacturing uses. The tasting room provisions were applied not only to beverage manufacturers, but also to food manufacturers as well, in order to promote consistency between similar industrial uses. 494 of 560 Staff understands the microbrewer that opened a business in the M-1 district has become quite successful, and is looking to expand the number of tanks/containers utilized in the brewing process and the size of the tasting room. No substantial changes are being proposed to beverage or food manufacturing regulations per se, other than modifying the provisions for tasting rooms by 1) allowing the maximum size to be larger where located in the M-1 district; 2) imposing a more stringent off-street parking requirement on those establishments in which tasting rooms exceed 20% of the gross floor area; and 3) allowing limited live entertainment permits (non-amplified) for these types of establishments in the M-1 district – more as background or mood music as opposed to entertainment. PROPOSED CHANGES CHAPTER 3 ZONING ARTICLE I OVERVIEW… ARTICLE II GENERAL PROVISIONS… ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES… ARTICLE IV USE REGULATIONS Section 1. Operational Performance Standards… Section 2. Hardous/Toxic Waste and Substances… Section 3. Use Regulations. A. General… B. General Rules of Use Matrix… C. Use Matrix Legend… D. Use Matrix (Table 3-28). 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room or and retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an 495 of 560 arterial or collector roadway. See subparagraph “d” below for additional provisions pertaining to Beverage Manufacturing establishments. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. c. M-1 district. b. (1) An accessory commercial component (i.e., tasting room or and retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. Where optional or required, the tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the tasting area shall be as follows: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph “d” below for additional provisions pertaining to Beverage Manufacturing establishments. The establishment is ineligible for a live entertainment permit. d. Beverage Manufacturing. (1)A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. 496 of 560 (2) No permanent food preparation is allowed on premises. ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Section 1. General… Section 2. Standards. A. General… B. Table 4-17. Residential and Lodging Uses… C. Table 4-18. Commercial and Office & Health Care Uses… D. Table 4-19. Arts, Entertainment, and Recreational Uses… E. Table 4-20 Industrial Uses. Standard Number of Required Parking Industrial Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non-residential use (minimum): 1 4 or 1 per 200, whichever is greater 2 Beverage and/or Food Manufacturing 1 per 500 Dry Cleaning Plants: 1 per 500 Publishing and Commercial Printing: 1 per 500 Packing & Shipping, Trucking, and Moving: 1 per 800 Research & Development, Scientific / Technological: 1 per 300 Warehouse, Wholesale, Distribution 1 per 500 2 Multi-tenant building, Multi-use: 1 per 800 2 Single-tenant building, Single-use: Warehouse, Dead-Storage 1 per 1,000 3 Warehouse, Internet Sales 1 per 700 4 Storage, Self-Service (Limited and Multi-access): 1 per 75 bays Manufacturing and industrial uses not listed elsewhere: 1 per 500 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of gross floor area. 2 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. 3 2 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed 20% of a single-tenant building or 20% of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1) space per 300 square feet for any accessory office floor area that exceeds 20% of the building / bay(s). 497 of 560 4 3 Plus one (1) space per 500 square feet of area devoted to showroom/auction room. 5 4 Plus one (1) space per 400 square feet of office space plus two (2) security spaces, if applicable. CONCLUSION / RECOMMENDATION Staff is recommending approval of the proposed code amendment to beverage and food manufacturing, particularly tasting rooms. Overall, this amendment would promote economic development and make Boynton Beach more competitive in the microbrewery marketplace. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-003 Bevarage and Food Manufacturing II\Staff Report.doc 498 of 560 9. E PUBLIC HEARING September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-026 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the historic designation application for the Boynton Hills Lights located st along NW 1 Street, Boynton Beach. ER: At its meeting on May 15, 2012, the City Commission XPLANATION OF EQUEST approved a request to proceed with the historic designation of three city-owned sites, one of which is the Boynton Hills Lights. If the designation application is approved, the sites will be added to the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 499 of 560 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject comprises four ornamental light poles each of which is situated within a circular landscaped island in the Boynton Hills Subdivision. The lights are located along strdthth NW 1 Street at the rotary intersections with NW 3 Court, NW 5 Court, NW 7 Court, th and NW 9 Court. The Boynton Hills Subdivision was platted in 1925 and is notable for its ornate layout pattern which contains curving streets and landscaped islands. Newspaper articles from 1925 described the subdivision as “…one of the most beautiful and exclusive of Florida’s new developments…” where the intent of the developers was to “…make Boynton Hills the most attractive development in the state.” The main street running st from north to south through the subdivision (NW 1 Street) was originally named Grand Boulevard and the streets running from east to west were named after universities, for example, Yale Boulevard and Harvard Drive. The lights are an important element of this st streetscape design as they provide ornamental focal points along the length of NW 1 Street at the rotary intersections. The lights, made by Westinghouse Electric, are manufactured from Hollowspun concrete and are in the “Sheridan” style. Many similar lights were installed in the city from the 1920s onwards; however, it appears that only five now remain: the four subject lights and one at the Boynton High School. Although not currently working, the lights appear to be unaltered and in good condition. As detailed in the designation application, the subjects are significant in a local context under the areas of architecture and streetscape and they retain much of their integrity. The subjects also meet criteria “c” from the above list as they: “Embody the distinctive characteristics of a type, period or method of construction.” Therefore, the subjects meet the required criteria and are eligible for historic designation. H? The sites will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places, will help raise public awareness of the City’s Historic Preservation Program, and will promote heritage tourism. Designation will also meet the requirements of the Certified Local Government Agreement with the Florida Division of Historical Resources. FI: There will be no immediate fiscal impact to the city; however, once ISCAL MPACT designated, the sites may be eligible for future grant funding. A: Do not approve the historic designation application. LTERNATIVES 500 of 560 ORDINANCE NO. 13-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON HILLS ST LIGHTS LOCATED ALONG NORTHWEST 1 STREET, BOYNTON BEACH, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS , Chapter 4, Article IX, Section 6 of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Boynton Hills Lights comprise four ornamental light poles, each of which is situated within a circular landscape island in the Boynton Hills Subdivision, and are manufactured by Westinghouse Electric from Hollowspun concrete in the “Sheridan” style; and WHEREAS, many similar lights were installed in the city from the 1920s onwards; however, it appears that only five now remain: the four subject lights and one at the Boynton Beach High School, although not currently working, the lights appear to be unaltered and in good condition; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Boynton Hills Lights as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Boynton Hills Lights as a historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 501 of 560 Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. st Section 2. The Boynton Hills Lights located along NW 1 Street at the rotary rdththth intersections with NW 3 Court, NW 5 Court, NW 7 Court and NW 9 Court which are Exhibit "A" shown on the location map attached and incorporated into this Ordinance as , and is hereby designated as the Boynton Hills Lights Historic Site in accordance with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this ____ day of ____________, 2013. 502 of 560 SECOND, FINAL READING AND PASSAGE 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) 503 of 560 504 of 560 505 of 560 506 of 560 507 of 560 508 of 560 509 of 560 510 of 560 511 of 560 512 of 560 513 of 560 514 of 560 515 of 560 516 of 560 517 of 560 518 of 560 519 of 560 520 of 560 521 of 560 522 of 560 523 of 560 524 of 560 525 of 560 526 of 560 527 of 560 528 of 560 529 of 560 530 of 560 531 of 560 532 of 560 533 of 560 13. A LEGAL September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-027 - FIRST EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II, and Chapter 3, Article V. ER: To meet the demands of our increasingly time-constrained XPLANATION OF EQUEST society, more and more sales and services are going mobile. Cities across the country have experienced similar shifts in the way citizens are procuring food, merchandise and services. Here in Boynton we experienced a similar trend when a food truck rally approached the City to use Oyer Park as the host site for a weekly event which ran from March through June of this year. In order to determine community support for these types of events, Commission suspended the Special Event Permit requirement for the duration of that event. During that time, staff gathered attendance statistics, which clearly indicated growing popularity through increased attendance each week. Following the end of the event, staff solicited input from a focus group, representing a cross section of both proponents and opponents of the event. A summary of the findings gathered from the focus group is provided under separate cover. Utilizing the data collected, staff is proposing modifications to the existing Mobile Vending Unit (MVU) regulations to facilitate the inspection and licensing of MVU activity within the City, and a specific permit program to allow for the continuation of Assembly 534 of 560 type events consisting of greater than three (3) mobile vending units in specific zoning districts throughout the City for both public and private venues. H? Planning and Zoning Department OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES staff currently administer the MVU permit process. Expanding that program to include MVU Assemblies will not create a significant burden on staff. FI: Approximately $1,250 in Assembly permit revenues income and ISCAL MPACT approximately $1,700 in Mobile Vending Unit permit revenue income. A: Do not amend the current regulations thereby prohibiting MVU LTERNATIVES Assembly events and limiting the types of MVU’s allowed to operate in the City. 535 of 560 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1, ARTICLE II; AMENDING CHAPTER 2, ARTICLE II; AMENDING CHAPTER 3, ARTICLE V ALL REGARDING MOBILE VENDING UNIT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City’s MVU regulations apply broadly to all types of mobile vendors, whether providing a service or selling merchandise or food; and WHEREAS , staff is proposing to modify the Land Development Regulations (LDR) to facilitate the inspection and licensing of MVU activity within the City and a specific permit program to allow for the continuation of assembly type of events consisting of greater than three (3) mobile vending units in specific zoning districts throughout the City for both public and private events; and WHEREAS , upon recommendation of staff, 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 to amend the Land Development Regulations to facilitate the inspection and licensing of MVU activity within the City and a specific permit program to allow for the continuation of assembly type of events consisting of greater than three (3) mobile vending units in specific zoning districts throughout the City for both public and private events. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article II, Chapter 2, Article II and Chapter 3, Article V of the Land Development Regulations, are hereby amended by adding the words and figures in underlined type, as follows: See Exhibit “A” attached hereto. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. 536 of 560 Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2013. SECOND, FINAL READING AND PASSAGE this ____ day of September, 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) 537 of 560 538 of 560 539 of 560 540 of 560 541 of 560 542 of 560 543 of 560 544 of 560 545 of 560 546 of 560 547 of 560 548 of 560 549 of 560 550 of 560 551 of 560 552 of 560 553 of 560 554 of 560 14. A FUTURE AGENDA ITEMS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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 Public Meeting to be held at the EQUESTED CTION BY ITY OMMISSION th Carolyn Sims Center at Wilson Park (225 NW 12 Avenue) on October 24, 2013 at 6:30 p.m. for the purpose of updating the Heart of Boynton Community Redevelopment Plan ER: Community Redevelopment Agency and City Development XPLANATION OF EQUEST Department staff will host a public meeting to obtain input on proposed plan updates for the Heart of Boynton Community Redevelopment Plan, from 6:30 to 8:30 p.m. at the th Carolyn Sims Center at Wilson Park (225 NW 12 Avenue). All residents and interested parties are welcome to attend. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 555 of 560 14. B FUTURE AGENDA ITEMS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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: Renaming of Oceanfront Park - 10/15/13 EQUESTED CTION BY ITY OMMISSION ER: The Recreation & Parks Advisory Board will be discussing XPLANATION OF EQUEST this topic at their September 23, 2013 monthly meeting and will bring back a recommendation to the Commission (per policy) at the October 15, 2013 City Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 556 of 560 14. C FUTURE AGENDA ITEMS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 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: Award RFP for lobbying services - 10-1-13 EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 557 of 560 14. D FUTURE AGENDA ITEMS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 13, 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 amended Ordinance providing for use of EQUESTED CTION BY ITY OMMISSION Special Magistrate for Code Enforcement/Lien Reduction Hearings - 10-15-13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 558 of 560 14. E FUTURE AGENDA ITEMS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 1, 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 Planning and Zoning Review of EQUESTED CTION BY ITY OMMISSION Development projects by the CRA Board - 10-1-13 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 559 of 560 14. F FUTURE AGENDA ITEMS September 17, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: September 17, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclamation for Reading and Literacy Month - EQUESTED CTION BY ITY OMMISSION 10/01/13 ER: To proclaim October as Reading and Literacy Month as part XPLANATION OF EQUEST of the national Campaign for Grade Level Reading. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 560 of 560