Loading...
Agenda 12-01-15The City of Boynton Beach City Commission Agenda Tuesday, December 1, 2015, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 270 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). Page 2 of 270 1. OPENINGS A. Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Mayor Taylor Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors presenting Tom Kaiser as the 2015 Holiday Parade Grand Marshal. Mayor Taylor will present a plaque to Mr. Kaiser in recognition of this honor. B. Announcement of "Catch the Holiday Spirit" events. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday, December 12th from 9 a.m. to 11:00 a.m. 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 Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Building Board of Adjustments and Appeals: 1 Alt Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts 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. PROPOSED RESOLUTION NO R15-145 - Authorize the City Manager to sign a Consent Order with the Florida Department of Health Palm Beach County for the purpose of prescribing certain Page 3 of 270 municipal repairs to the landfill owned by the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R15- 146 - Assess the cost of nuisance abatement on the property located at 0 SW 2nd Avenue within the City of Boynton Beach C. PROPOSED RESOLUTION NO. R15-147 - Approve Budget Amendment for the Park & Rec Facilities Fund for the FY 2015-16 budget, amending the appropriated budget from $189,020 to $271,320, which will adjust budgeted appropriations and revenue sources and provide spending authority for anticipated expenditures. D. PROPOSED RESOLUTION NO. R15-148 - Amending Resolution R13-083 to designate Andrew Mack, Development Director as the Economic Development Coordinator City -Wide and retaining designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for purposes of implementing the City's Economic Development Program for business development, expansion, housing, and community initiatives with the City of Boynton Beach and CRA areas. E. Approve the purchase and installation of a Tuff Forms Alligator for the Congress Avenue Barrier - Free Park from GameTime of Longwood, FL in the amount of $12,279.40 as a sole source purchase from the Park Impact Fee Fund. F. Approve the purchase of two (2) complete sets of Hydraulic Extrication Tools and accessories from South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $62,794.80. SFEV is the Sole Source vendor for Holmatro brand of equipment for the South Florida region, including Palm Beach County. G. Approve the minutes from the Regular City Commission meeting held on November 17, 2015. H. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for December 1, 2015 - "Request for Extensions and/or Piggybacks". I. Approve an Amendment to Task Order #U -1A-07 with Globaltech, Inc. for Electrical Engineering Support Services in the sum of $50,000 giving a revised total of $59,500. These services are provided under the General Consulting Services Agreement RFQ # 017-2821-14/DJL as approved by Commission on August 1, 2104. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R15-149 - Authorize the City Manager to sign two (2) Task Orders with CH2M, Task Order R13-063-08 in the amount of $166,834,58 for the purpose of evaluating groundwater conditions and Task Order R13-063-09 in the amount of $47,126.26 for the design and oversight of landfill cover repair. These task orders are in accordance with the City's "Hydrogeological Consulting Services Agreement" extension that was approved by the Commission on August 8, 2015. 8. CODE COMPLIANCE and 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. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Review and action on Annual Performance Evaluation for the City Manager. Page 4 of 270 B. PROPOSED RESOLUTION NO. R15-150 - Approve and ratify the reopened and amended Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City. PROPOSED RESOLUTION NO. R15-151 - Approve and ratify the reopened and amended Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City. C. PROPOSED RESOLUTION R15-152 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the implementation and provide for CRA funding of the Neighborhood Officer Policing Program. D. PROPOSED RESOLUTION R15-153 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the Maintenance of the North Entry Signage Project. 13. LEGAL A. PROPOSED ORDINANCE NO. 15-031 - SECOND READING - PUBLIC HEARING - Approve the fourth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. B. Review of Ordinance 15-002 for modifications or rescission. C. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney- client session of the City Commission to discuss pending litigation in the following case: Christopher Yesnick , Plaintiff vs City of Boynton Beach, Defendant - Case No. 50 2012 CA 018742 XXXX MB AJ 14. FUTURE AGENDA ITEMS A. Review and appoint accordingly applications received for the CRAAdvisory Board with the annual board appointments - December 15, 2015 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND 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 AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 5 of 270 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Mayor Taylor Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk 1.A. OPENING ITEMS 12/1/2015 Reviewer Action Date Pyle, Judith Approved 11/20/2015 - 10::1 AM Page 6 of 270 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 12/1/2015 Reviewer Action Date Foyle, Judith Approved 11/20/2015 - 10::1 AM Page 7 of 270 433 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors presenting Tom Kaiser as the 2015 Holiday Parade Grand Marshal. Mayor Taylor will present a plaque to Mr. Kaiser in recognition of this honor. EXPLANATION OF REQUEST: The Recreation & Parks Advisory Board selects the Grand Marshal for the City's Annual Holiday Parade. The Board chose Mr. Kaiser last year, but due to unfortunate circumstances, he was not able to participate in the Parade. Consequently, Mr. Kaiser will be the Grand Marshal this year. Mr. Kaiser has been a member of the Veterans Advisory Commission since its inception in 2005 and is currently serving as its Chair. His singular efforts have created Veterans Memorial Park at virtually no cost to the City. Veterans Memorial Park honors the men and women of numerous armed conflicts and events, and recognizes all braches of our armed forces. Mr. Kaiser organizes a variety of recognition events at the Park, and has worked tirelessly with the French Consulate to recognize those veterans who helped liberate France. Mr. Kaiser is himself a Veteran and member of American Legion Post 164. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT. Budgeted The plaque will cost approximately $50. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 8 of 270 D Proclamation REVIEWERS: Department Recreation & Parks Assistant City Manager Finance City Manager Proc T Kaiser Parade GM Reviewer Action Majors, Wally Approved Lejeune, Carise Approved Howard, Tim Approved LaVerriere, Lori Approved Date 1111612016 - 8:40 AM 1111612016 - 9:28 AM 11/19/2015 - 1:56 FPA 11/23/2015 - 10:42 AM Page 9 of 270 WHEREAS, Tom Kaiser has been a member of the Veterans Advisory Commission since its inception in 2005 and is currently serving as its Chair; and WHEREAS, Mr. Kaiser's singular efforts have helped create Veterans Memorial Park in Boynton Beach at virtually no cost to the City; and WHEREAS, Veterans Memorial Park honors the men and women of numerous armed conflicts and recognizes all branches of our armed forces; and WHEREAS, Mr. Kaiser organizes a variety of commemorative events at the Park and has worked tirelessly with the French Consulate to recognize those Veterans who helped liberate France; and WHEREAS, Mr. Kaiser is a Veteran and a member of the American Legion Post 164; and NOW, THEREFORE, 1, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim M. - IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the I" day of December, Two Thousand and Fifteen. Jerry Taylor, Mayor City Clerk (Corporate Seal) Page 10 of 270 410 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Announcement of "Catch the Holiday Spirit" events. EXPLANATION OF REQUEST: Boynton Beach will "Catch the Holiday Spirit", beginning December 4th in the downtown area. The following events are scheduled: 44th Annual Holiday Tree Lighting and Concert Friday, December 4, 5:30 p.m. to 10:00 p.m. 129 E. Ocean Ave. 45th Annual Holiday Parade Saturday, December 5, 3:00 p.m. to 5:00 p.m. Federal Hwy. between Woolbright Rd. and Ocean Ave. 43rd Annual Boynton Beach Boat Parade Friday, December 11, 5:30 p.m. to 8:00 p.m. 735 Casa Loma Blvd. Music on the Rocks Saturday, December 18, 5:00 p.m. to 9:00 p.m. 129 E. Ocean Ave. All events are FREE to the public. For more information, call 561.742.6010. Information flyers are available in the back of the room. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City produces the Holiday Parade and the CRA produces the Tree Lighting & Concert, the Holiday Boat Parade and Music on the Rocks. The City and CRA work closely together on all marketing efforts and site operations. FISCAL IMPACT. Budgeted All events are budgeted within the City and CRA's FY15/16 annual budgets. ALTERNATIVES: N/A STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: Page 11 of 270 During the month of December it is estimated that these holiday events will bring 6,500 visitors to the downtown area and along the City's waterfront, contributing to our Community Vision - Principal 3 (Energetic Downtown) and Principal 6 (Fun Opportunities). CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 11/10/2015 - 5:10 PKA 11/20/2015 - 3:30 AM 11/23/2015 - 10:41 AM Page 12 of 270 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday, December 12th from 9 a. m. to 11:00 a. m. EXPLANATION OF REQUEST: As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department wishes to extend an invitation to "Looney Dunes Fun Day". This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. Planned activities include games, relay races, musical towels, and lots of fun in the sun. Be sure to wear a hat and plenty of sun screen. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect on City programs or services FISCAL IMPACT. Budgeted Event expenses in the Department's budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Reviewer Description Looney Dunes Fun Day Action Date Page 13 of 270 City Clerk Pyle, Judith Approved 11/20/2015 - 8:34 ANA Page 14 of 270 5.A. ADMINISTRATIVE 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Other Description Appointments 12-1-15 Page 16 of 270 REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 11/20/2015 - 10::1 AM Page 17 of 270 Building Board of Adjustment & Appeals I Merker Alt 1 yr term to 12115 Applicants Golf Course Advisory Committee IV Fitzpatrick Alt 5 yr term to 6116 Tabled (2) Applicants None Recreation & Parks Board 11 McCray Alt 1 yr term to 12115 Tabled (3) Applicants None Senior Advisory Board III Fitzpatrick Alt 1 yr term to 12115 Tabled (3) IV Casello Alt 1 yr term to 12115 Tabled (3) Mayor Taylor Reg 2 yr term to 12115 Tabled (2) Applicants None &\CC\WP\13OARDS\APPMENTS\Board Year 2615\APPOINTMENTS AND APPLICANTS FOR 12-1-15.docx Page 18 of 270 CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO R15-145 -Authorize the City Manager to sign a Consent Order with the Florida Department of Health Palm Beach County for the purpose of prescribing certain municipal repairs to the landfill owned by the City of Boynton Beach. EXPLANATION OF REQUEST: The City of Boynton Beach began operating a landfill, located in unincorporated Palm Beach County east of the Boynton Beach Golf Course, sometime in the 1950's. The landfill was utilized for disposing City generated municipal waste until the late 1970's and remained open for landscape waste until around 1985. Beginning in 1985, through appropriate permitting with the Health Department, the City took steps to obtain approved closure of the landfill in 1992. That closure required an additional 20 years of monitoring the sub -surface ground water conditions. City staff, under two separate agenda items, is taking the necessary steps to complete the ground -water monitoring reporting and repair to a portion of the landfill cover that has begun to fail. This Consent Order with the Florida Department of Health Palm Beach County stipulates cover improvements required in order to continue towards permanent closure of the landfill and release from all future public oversight of the landfill. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No existing services are affected. The Consent Order pertains to public services conducted long ago. FISCAL IMPACT. Budgeted Each of these items are budgeted in the Solid Waste Operating Budget, line item 431-2515-534-49-17. Landfill Monitoring = $165,000 Landfill Cap Repair = $160,000 ALTERNATIVES: Do not proceed with the Consent Order and risk assessment of fines. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 19 of 270 Grant Amount: ATTACHMENTS: Type D Other D Other REVIEWERS: Department Reviewer Public Works -Engineering Livergood, Jeffrey Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Dept of Health Consent Order for Landfill Dept of Health Cvr Ltr Final Consent Order Action Date Approved 11/20/2015 - 8:42 AM Approved 11/20/2015 - 8:58 AM Approved 11/23/2015 - 10:51 AM Approved 11/24/2015 - 8:54 AM Page 20 of 270 I RESOLUTION NO. R15- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN A CONSENT ORDER WITH THE FLORIDA 5 DEPARTMENT OF HEALTH PALM BEACH COUNTY FOR THE 6 PURPOSE OF PRESCRIBING CERTAIN MUNICIPAL REPAIRS 7 TO THE LANDFILL OWNED BY THE CITY AND PROVIDING 8 AN EFFECTIVE DATE. 9 WHEREAS, the City of Boynton Beach began operating a landfill during the 1950s; 10 and 11 WHEREAS, the landfill was used to dispose City generated municipal waste until the 12 late 1970s and remained open for landscape waste until approximately 1985; and 13 WHEREAS, beginning in 1985, through appropriate permitting with the Health 14 Department, the City took steps to obtain approved closure of the landfill in 1992 which 15 closure required an additional 20 years of monitoring the sub -surface ground water 16 conditions; and 17 WHEREAS, the Consent Order with the Florida Department of Health Palm Beach 18 County stipulates landfill cover improvements required in order to continue toward a 19 permanent closure of the landfill and release from all future public oversight of the landfill; 20 and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff and the CRA Board, deems it to be in the best interests of the 23 residents and citizens of the City of Boynton Beach to approve and authorize the City 24 Manager to sign a Consent Order with the Florida Department of Health Palm Beach County 25 for the purpose of prescribing certain municipal repairs to the landfill owned by the City. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\1CC4FA59-BF3A-4431-A1AC-81DF602CD34B\Boynton Beach. 2229.1. Dept Of Health Consent Order-_Reso.Docx Page 21 of 270 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approve and authorize the City Manager to sign a Consent Order with the Florida 32 Department of Health Palm Beach County for the purpose of prescribing certain municipal 33 repairs to the landfill owned by the City, a copy of said Consent Order is attached hereto as 34 Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2015. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Janet M. Prainito, MMC 57 City Clerk 58 59 60 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\1CC4FA59-BF3A-4431-A1AC-81DF602CD34B\Boynton Beach. 2229.1. Dept Of Health Consent Order-_Reso.Docx Page 22 of 270 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. November 23, 2015 HEALTH Vision: To be the Healthiest State in the Nation Electronic Mail — Delivery and Read Receipt Requested LiverooJC_bbfl.us Jeffrey Livergood, P.E. Director of Public Works and Engineering c/o Bryan Register Public Works and Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Rick Scott Governor John H. Armstrong, MD, FACS State Surgeon General & Secretary RE: Consent Order SW -15-08; Final Agency Action for Violations at the Boynton Beach Landfill under Permit No. 124522 -004 -SF, Boynton Beach, Florida. Dear Mr. Livergood: The purpose of this letter is to complete the resolution of the violations that were identified by the Florida Department of Health Palm Beach County (Health Department) during the inspections conducted on September 12, 2014 and September 03, 2015. Signing the enclosed consent order constitutes your acceptance of the Health Department's offer to resolve this matter under these terms. If you elect to sign the consent order, please return it to the Air and Waste Program, Florida Department of Health Palm Beach County, Fourth Floor, 800 Clematis Street, P.O. Box 29, West Palm Beach, Florida 33402-0029, no later than December 31, 2015. The Health Department will then countersign the consent order and file it with the clerk of the Health Department. When the signed consent order is filed with the Clerk, the consent order shall constitute final agency action of the Health Department which shall be enforceable pursuant to Sections 120.69 and 403.121, Florida Statutes. If you do not sign this letter and return it to the Health Department at the address provided above by December 31, 2015, the Health Department will assume that you are not interested in settling this matter on the above described terms, and will proceed accordingly. Your rights or substantial interests are not affected by this letter unless you sign it and it is filed with the Health Department's Clerk. Florida Department of Health www.FloridasHealth.com Palm Beach County, Division of Environmental Public Health TWITTER: HealthyFLA PO Box 29, 800 Clematis Street, West Palm Beach, Florida 33402 FACEBOW FLDepartmentofHealth PHONE 561-837-5900 FAX 561-837-5294 YOUTUBE: fldoh Page 23 of 270 Page 2 of 2 - AT, , RITt it ?§#2 MUL'Y17,56 (56 1) 837-5936. am= INOWNROW d#< ?<#?wfd2f«»?2 vvills i2 mu Page 24 0 270 BEFORE THE STATE OF FLORIDA FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY V, CITY OF BOYNTON BEACH IN THE OFFICE OF THE FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY CASE/FILE NO. SW -15-08 This Consent Order ("Order") is entered into between the Florida Department of Health Palm Beach County ("Health Department") and City of Boynton Beach ("Respondent") to reach settlement of certain matters at issue between the Health Department and Respondent. The Health Department finds and Respondent admits the following: 1. Pursuant to Chapter 62-701, F.A.0 and 403 F.S., the Florida Department of Environmental Protection (DEP) has compliance and enforcement jurisdiction under the provisions of Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, and 62-701 of the Florida Administrative Code (F.A.C.). However, in accordance with Section 403.182, F.S., DEP recognizes the Health Department as the approved local solid waste program in Palm Beach County. As such, DEP and the Health Department have entered into a Specific Operating Agreement that authorizes the Health Department to enforce Solid Waste regulations for this type of solid waste management facilities located in Palm Beach County. 2. Respondent is a "person" within the meaning of Sections 403.031(5) and 403,703(22), F.S. 3. On February 28, 1992, Respondent completed the closure of the facility in accordance with the approval of the Florida Department of Environmental Protection, which required a final landfill cover consisting of six inches of liner bedding material, a 20 mm Synthetic membrane liner, 12 inches of sand and six inches of top soil, seed, and mulch. Page 25 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 2 of 8 4. Respondent operates the Boynton Beach Landfill under Permit No. 124522 -004 - SF. 5. Specific Condition 1 of Permit No. 124522 -004 -SF states "Unless otherwise notified by the Department, the permittee shall comply with all applicable requirements of Chapter 62-701, F.A.C." 6. Rule 62-701.600(3)(02, Florida Administrative Code (FAC) states "Final cover shall be placed over the entire surface of each completed solid waste disposal unit or units within 180 days after the final waste deposit, or within the time frame set forth in the approved closure plan. The final cover shall be vegetated to control erosion and provide a moisture infiltration seal, with species that are drought resistant and have roots that will not penetrate the final cover." 7. Pursuant to Specific Condition 9 of Permit No. 124522 -004 -SF, Respondent is responsible for continuing the yearly maintenance program implemented for the post closure monitoring period. The yearly maintenance program is intended, in part, to maintain the integrity of the approved landfill final cover. 8. The Health Department finds the facility in violation of Rule 62-701.600(3)(02, F.A.C. and Specific Condition 9 of Permit No. 124522 -004 -SF as follows: Erosion the final landfill cover and/or lack of vegetation was observed at three distinct areas on the northeast section of the landfill. The largest area, first identified during September 12, 2014 inspection, has expanded in size and continues to show exposed liner. Two smaller areas, approximately 20 feet in diameter each, were identified during an inspection on September 3, 2015 west of the larger area. Small pieces of exposed liner were observed in one of the smaller areas. Having reached a resolution of the matter Respondent and the Health Department mutually agree and it is ORDERED: 9. Respondent shall comply with the following corrective actions within the stated time periods: Page 26 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 3 of 8 a) By April 1, 2016, submit complete bid documents to the Health Department showing construction specifications consistent with the approved permit and facility closure plan. b) By April 29, 2016, advertise bid request and distribute bid specifications. c) Within 45 calendar days from the completion of b) above, open bids. d) Within 30 calendar days from the completion of c) above, award bid to qualified contractor/ consultant. e) Within 120 calendar days from the completion of d) above, complete the required repairs. f) Within 30 calendar days from the completion of e) above, submit letter of completion to the Health Department, signed and sealed by a professional engineer, certifying that final repairs were completed consistent with the approved permit and facility closure plan. 10. Within 15 calendar days from the due date of each milestone above, Respondent shall submit to the Health Department a written report, via electronic transmittal, containing information concerning: the status and progress of each ordered milestone covered under Condition 9 of this Order, compliance or noncompliance with the applicable requirements of this order, and any reason for noncompliance. 11. Respondent agrees to pay the Health Department stipulated penalties in the amount of $100 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 9 and 10 of this Order. The Health Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Health Department's issuance of written demand for payment, and shall do so as further described in paragraphs 12 and 13, below. Nothing in this paragraph shall prevent the Health Department from filing suit to specifically enforce any terms of this Order. Page 27 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 4 of 8 12. Respondent shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the "Florida Department of Health Palm Beach County" and shall include FILE NO. SW -15-08 assigned to this Order. 13. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Laxmana Tallam, P.E., Environmental Administrator, Air and Waste Section, Florida Department of Health Palm Beach County, 800 Clematis Street, 4th Floor, 33401. 14. Respondent shall allow all authorized representatives of the Health Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by and/or delegated to the Health Department. 15. In the event of a sale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Health Department of such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order. 16. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond Page 28 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 5 of 8 the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Health Department by the next working day and shall, within seven calendar days notify the Health Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances. 17. The Health Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for alleged violations up to the date of the filing of this Order. This waiver is conditioned upon Respondent's complete compliance with all of the terms of this Order. 18. This Order is a settlement of the Health Department`s civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 19. The Health Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Health Department that are not specifically resolved by this Order. Page 29 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 6 of 8 20. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 21. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120,68, F.S. 22. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Health Department, and filed with the clerk of the Health Department. 23. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S. 24. This Consent Order is a final order of the Health Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Health Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Health Department, Persons who are not parties to this Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Order means that the Health Department's final action may be different from the position it has taken in the Order. The petition for administrative hearing must contain all of the following information: a) 'The Case Number assigned to this Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; Page 30 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 7 of 8 c) An explanation of how the petitioner's substantial interests will be affected by the Order; d) A statement of when and how the petitioner received notice of the Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Order; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Health Department to take with respect to the Order. The petition must be filed (received) at the authority's Legal Office, Attention: Chief Legal Officer, located at 800 Clematis Street in West Palm Beach, Florida, 33401 within 21 days of receipt of this notice. Failure to file a petition within the 21 -day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120,573, Florida Statutes, is not available in this proceeding. FOR THE RESPONDENT: Lori LaVerriere 38T citti, N-lailager DONE AND ENTERED this _ day of 2015 Page 31 of 270 Health Department vs. City of Boynton Beach Consent Order, FILE NO. SW -15-08 Page 8 of 8 STATE OF FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY Timothy G. Mayer, R.S., MPH, Director Division of Environmental Public Health FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to § 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. sm Date Page 32 of 270 M CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-146- Assess the cost of nuisance abatement on the property located at 0 SW 2nd Avenue within the City of Boynton Beach EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City -contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record a lien against this property in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to the property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owner will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted This process allows us to place a lien on the property in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place a lien on the property and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 33 of 270 Is this a grant? Grant Amount: ATTACHMENTS: Type D Resolution D Exhibit REVIEWERS: Department Reviewer City Clerk Prainito, Janet Finance Howard, Tim City Clerk Prainito, Janet Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Nuisance Abatement ExhibitA Action Date Approved 111191201 - 10:29 AM Rejected 11/19/2015 - 2:21 PPA Approved 11/19/2015 - 2:38 PPA Approved 11/19/2015 - 3:28 PPA Approved 11/24/2015 - 2:39 PPA Approved 11/24/2015 - 2:39 PPA Page 34 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\79B10377-49AE-402D-902F-OIAA4FOD5478\Boynton Beach.2228.1.Reso - Nuisance Abatement for 12115.doc Page 35 of 270 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2015, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of December, 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\79B10377-49AE-402D-902F-OIAA4FOD5478\Boynton Beach.2228.1.Reso - Nuisance Abatement for 12115.doc Page 36 of 270 N 0 3 M Q � O v� rn c o � 3 m 0 E O Q � U aj u 0 > M Ln M t � aj 00 °1 ca � U 4tt O O O � N O Z O U a r, 00 N i Ln M C0 O Ln M M M f0 L 0 U - u U Ca aJ (A CO iJ Q 0 m aJ 7 C aJ Q C >N N O aJ Ca C > 3 >� O `" 0 6.C. CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-147 -Approve Budget Amendment for the Park & Rec Facilities Fund for the FY 2015-16 budget, amending the appropriated budget from $189,020 to $271,320, which will adjust budgeted appropriations and revenue sources and provide spending authority for anticipated expenditures. EXPLANATION OF REQUEST: The Adopted FY 15/16 Budget includes an approved budget for Fund 141 -Parks and Rec Fac Fund. The City recently received a donation from Hunters Run ($3,000) and a financial contribution from the Greater Boynton Beach Foundation ($5,000) that will be used towards the purchase and installation a new play element at Barrier Free Park. The City will contribute the additional funding necessary for the purchase and installation ($4,279.40). The Recreation & Parks Department also determined a need to make some modifications to one of its recreation facilities, and to purchase a new scoreboard for the football field at Hester Park. As such, the FY 15/16 Approved Budget for the Park & Rec Fac Fund requires a budget amendment to provided appropriations for the following: Barrier Free Park Play Element - $4,280 Recreation Center Modification - $20,000 Hester Football Field Scoreboard - $50,000 The Parks & Recreation Facilities Trust Fund (Fund 141) will be used to fund these items. This type of budget amendment is part of the annual budget process. The budget amendment is part of the annual budget process. The Budget amendment will increase the appropriations for the Park & Recreation Fac. Trust Fund from $189,020 to $271,320 for the FY 15/16, which requires Commission approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT. Non -budgeted The Parks & Recreation Facilities Trust Fund (141) appropriated budget will increase from $189,020 to $271,320 for FY 15/16. ALTERNATIVES: Do not approve budget amendment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 38 of 270 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Exhibit REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Lejeune, Carisse Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Reso - Budget Amend ExhibitA Action Approved Approved Approved Approved Approved Date 11/20/2015 - 9:28 AM 11/20/2015 - 11:05 AM 11/20/2015 - 1:39 PPA 11/23/2015 - 10:53 AM 11/24/2015 - 8:56 AM Page 39 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE PARK & REC FAC TRUST FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 15, 2015, for the fiscal year 2015-2016; and WHEREAS, the City Manager is recommending amend the amount necessary to be appropriated for fiscal year 2015-2016 for the Park & Rec Fac Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amending the appropriated FY 2015-2016 budget for the Park & Rec Fac Trust fund from $189,020 to $271,320. A copy of such amendment is attached hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 2015 and ending September 30, 2016, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to the Parks & Rec Fac Trust Fund (see Exhibit A) pursuant to the terms of the budget. Section 4. If any clause, section or other part of this Resolution shall be held by Page 40 of 270 29 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 30 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 31 remaining portions of this Resolution. 32 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 33 repealed to the extent of such conflict. 34 Section 6. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of December, 2015. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Janet M. Prainito, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 41 of 270 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2015-16 PARKS & REC FAC TRUST FUND 141-0000-369-30.00 OTHER MISC. REVENUE/ DONATIONS 141-0000-369-15.00 OTHER MISC. REVENUE/PARKS FEES Adopted Fund Total Revenues 141-2730-572-64.04 PLAYGROUND EQUIPMENT 141-2730-572-63.12 IMPVTS OTHER THAN BLDG/ RECREATION IMPVS 141-2710-572.62-01 BUILDING IMPROVEMNTS Adopted Fund Total Expenses Exhibit A 2015/16 2015/16 CURRENT Amendment AMENDED BUDGET Revenue Expenditures BUDGET 0 8,000 8,000 0 74,300 74,300 189,020 82,300 271,320 0 12,300 12,300 0 50,000 50,000 0 20,000 20,000 189,020 82,300 271,320 Page 42 of 270 I CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-148 -Amending Resolution R13-083 to designate Andrew Mack, Development Director as the Economic Development Coordinator City - Wide and retaining designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for purposes of implementing the City's Economic Development Program for business development, expansion, housing, and community initiatives with the City of Boynton Beach and CRA areas. EXPLANATION OF REQUEST: On August 20, 2013, the City Commission, via Resolution R13-083 designated Scot Kline, Economic Development Manager as the City-wide Economic Development Coordinator and Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any activities in the CRA area. Since that time, Scott Kline has left the City employ and Andrew Mack has been appointed Development Director, with responsibilities of negotiating incentive and grant programs requiring financial and proprietary business information. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The designation allows staff to work more effectively with the Business Development Board in assisting businesses wishing to locate or expand within the City. It will encourage greater business participation in grant opportunities available through the City, CRA and State. The designation will also allow, pursuant to Florida Statutes s.288.075, private corporations, partnerships, or persons to submit plans, intentions, or interest regarding location, relocation or expansion to request confidentiality of records submitted to the designated individuals. FISCAL IMPACT. None ALTERNATIVES: Designate other individual(s) as the Economic Development Coordinator(s). STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 43 of 270 Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Finance Finance Legal City Manager Description Resolution revising the designation of Economic Development Coordinator Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/20/2015 - 11:37 AM 11/20/2015 - 11:38 AM 11/23/2015 - 10:56 AM 11/24/2015 - 8:58 AM Page 44 of 270 I RESOLUTION R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING RESOLUTION R13-083 TO 5 DESIGNATE ANDREW MACK, DEVELOPMENT 6 DIRECTOR AS THE ECONOMIC DEVELOPMENT 7 COORDINATOR CITY-WIDE AND RETAINING 8 DESIGNATION OF VIVIAN BROOKS, EXECUTIVE 9 DIRECTOR OF THE CRA AS THE ECONOMIC 10 DEVELOPMENT COORDINATOR FOR ANY PROPERTY 11 LOCATED WITHIN THE CRA AREA FOR THE PURPOSES 12 OF IMPLEMENTING THE CITY'S ECONOMIC 13 DEVELOPMENT PROGRAM FOR BUSINESS 14 DEVELOPMENT OR EXPANSION, HOUSING, AND 15 COMMUNITY INITIATIVES WITHIN THE CITY OF 16 BOYNTON BEACH AND CRA AREAS; PROVIDING 17 FOR AN EFFECTIVE DATE. 18 19 WHEREAS, Florida Statute 288.075 permits a municipality that does not have a 20 public economic development agency to assign an officer or employee the duty to promote 21 the general business interest or industrial interest of the City; and 22 WHEREAS, on August 20, 2013, the City Commission of the City of Boynton Beach 23 via Resolution R13-083 designated Scott Kline, then Economic Development Manager as 24 the Economic Development Coordinator City-wide and Vivian Brooks, Executive Director 25 of the CRA as the Economic Development Coordinator for any property located within the 26 CRA are for the purposes of implementing the City's Economic Development Program for 27 business development or expansion, housing and community initiatives within the City of 28 Boynton Beach CRA areas; and 29 WHEREAS, since the designations contained in Resolution R13-083, the City has 30 appointed Andrew Mack, Development Director, designated as the primary staff liaison to 31 the Palm Beach County Business Development Board, with associated responsibilities for 32 negotiating incentive and grant programs requiring financial and proprietary business C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\B510B937-AA51-409F-AF47-767598143E4F\Boynton Beach. 2235.1. Revising_Designation_of Economic_Dev Coordinators_(Mack)_-_Reso.docx -1- Page 45 of 270 33 information; and 34 WHEREAS, the City Commissions intent to designate the individuals named herein 35 is to maximize the confidentiality of records submitted by private corporations, partnerships 36 or persons related to location, relocation or expansion of business activities within the City 37 and the CRA; and 38 WHEREAS, staff is recommending the designation of Andrew Mack, Development 39 Director as the City-wide Economic Development Coordinator and the designation of 40 Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator 41 for the CRA area for the purposes of implementing the City's Economic Development Program for 42 business development or expansion, housing, and community initiatives within the City of 43 Boynton Beach and CRA areas. 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 45 THE CITY OF BOYNTON BEACH, FLORIDA: 46 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 47 being true and correct and are hereby made a specific part of this Resolution upon adoption 48 hereof. 49 Section 2. The City Commission of the Boynton Beach, Florida, hereby 50 designates Andrew Mack, Development Director as the Economic Development Coordinator City - 51 wide and retains designation of Vivian Brooks, Executive Director of the CRA as the Economic 52 Development Coordinator for any property located within the CRA area for the purposes of 53 implementing the City's Economic Development Program for business development or expansion, 54 housing and community initiatives within the City of Boynton Beach and CRA area. 55 Section 3. This Resolution shall become effective immediately upon C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\B510B937-AA51-409F-AF47-767598143E4F\Boynton Beach. 2235.1. Revising_Designation_of Economic_Dev Coordinators_(Mack)_-_Reso.docx -2- Page 46 of 270 56 passage. 57 PASSED AND ADOPTED this day of , 2015. 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 i'M CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\B510B937-AA51-409F-AF47-767598143E4F\Boynton Beach. 2235.1. Revising_Designation_of Economic_Dev Coordinators_(Mack)_-_Reso.docx -3- Page 47 of 270 6.E. CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Approve the purchase and installation of a Tuff Forms Alligator for the Congress Avenue Barrier -Free Park from GameTime of Longwood, FL in the amount of $12,279.40 as a sole source purchase from the Park Impact Fee Fund. EXPLANATION OF REQUEST: Staff is requesting to purchase Tuff Forms Alligator for the Congress Avenue Barrier -Free Park. GameTime is offering special pricing thru early December 2015 reducing the purchase price of the Alligator from $11,626 to $6,394. Based on the reduced pricing, the total cost including site work, installation and ground cover will be $12,279.40. Hunters Run has been a long-time supporter of Barrier -Free Park. Each year they make a donation to support the development of the park and provide new play opportunities for families. This year they donated $3,000 towards a Tuff Forms Alligator for the park. The Greater Boynton Beach Foundation, who is helping to raise funds to support the park, is also donating $5,000 to help pay for the Tuff Forms Alligator. The remaining $4,279.40 will be paid from the Park Impact Fee Fund. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The addition of the alligator will offer another opportunity for children of all abilities to play together. The selection of the piece represents the old Florida swamp theme and will bring additional recognition to the park and the amenities it offers to families who have children with disabilities. At nearly 2' tall and 8 1/2' long, the alligator is almost the same size as a real American Alligator. Constructed from a durable glass fiber reinforced polymer (GFRP), Tuff Forms products withstand wear and weather and feature a special rubberized coating that makes them easy to climb and easy to clean. FISCAL IMPACT. Budgeted The Gametime company is offering sale prices that reduce the cost for the Tuff Forms Alligator from $11,626 to $6,394. The total cost, which includes site work, installation and ground cover is $12,279.40. Hunters Run is donating $3,000 and the Greater Boynton Beach Foundation is contributing $5,000. The Recreation and Parks Department recommends paying for the balance $4,279.40 using the Park Impact Fee, account 141-2730-572-64-04. ALTERNATIVES: Seek additional funding from another source to make up the amount needed to purchase and install the Tuff Forms Alligator. This would delay the purchase and the sale price may no longer be in effect. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 48 of 270 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Quotes D Sole Source Letter D Attachment REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Lejeune, Carisse Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Play piece quote GameTime Sole Source Letter Gator Image Action Date Approved 11/13/2015 - 3:56 PPA Approved 11/13/2015 - 4:47 PPA Approved 11/20/2015 - 10:46 AM Approved 11/23/2015 - 10:52 AM Approved 11/24/2015 - 8:55 AM Page 49 of 270 GameTime c/o Dominica Recreation Products, Inc. meTtmeU�' C L�D P.O. Box 520700 QUOTE UOTE Longwood, FL 32752-0700 i <<CORE ft,oa,Y 800-432-0162 x 407-331-0101 Fax: 407-331-4720 11/06/2015 www,playdrp,corn City of Boynton Beach — Gator with EWF City of Boynton Beach Ship To Zip: 33425 Attn: Wally Majors 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Phone: 561-742-6224 maj orsw@bbfl.us 1 7104 Game Time - Gator - $6,394.00 $6,394.00 Special pricing valid thru December 1st, 2015 465 digout 5 -Star Plus - Digout/Sitework of area (per sq. $1.25 $581.25 ft.) - Spoils to be left on site 465 Spoils GT-Impax - Removal/Disposal from Site the $0.75 $348.75 Spoils from Digout 20 EWF-8 GT-Impax - Engineered Wood Fiber - 8" $35.70 $714.00 Compacted Depth - ADA Compliant - IPEMA Certified - ASTM F1292 & 1`1951 Compliant 1 INSTALL 5 -Star Plus - Five Star Plus Playground $2,895.00 $2,895.00 Installation Services - Performed by a Certified Installer, includes meeting and unloading delivery truck, signed completion forms, site walkthrough, 90 day site revisit by installation foreman, and 3 -Year Labor Warranty! Installation in existingpark. SubTotal: $10,933.00 Discount: ($128.60) Customer to relocate any trees as needed. Freight: $1,475.00 Total Amount: $12,279.40 Access to the area for Bobcat required. Installer not responsible for replacing sod. Contract: USC This quote was prepared by Gina Wilson, Senior Project Manager. For questions or to order please call - 800-432-0162 ext. 101 ginaw(cbgametime.com Permits are not included in cost, unless specifically listed in pricing. If permits are required Signed/Sealed drawings are usually needed and are also not included unless specifically listed in pricing. Any costs for muncipal permits, paid by installer, will be charged back to the owner. Adding permits to any job will increase the length of completion, expect total time to be 90-120 days, after receipt of order (this is not due to manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area for the permit office, and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot provide site plans. The permit process does not begin until the site plans are available. Page 1 of 2 ager 50-�of 2701 City of Boynton Beach — Gator with EWF QUOTE #73288 11/06/2015 Payment Terms: Governmental Purchase Order. Purchases in excess of 51,000.00 to be supported by your written purchase order made out to GameTime. Net 30 days subject to approval by GameTime Credit Manager. A completed Credit Application and Bank Reference Authorization, must be received with the order. The decision on credit is the sole discretion of GameTime/P1ayCore. A 1.5% per month finance charge will be imposed on all past due accounts. Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation and/or other services. Terms are Net 30 for each individual invoice. This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Pricing: Firm for 60 days from date of quotation. Shipment: F.O.B. factory, order shall ship within 45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of payment. Taxes: State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of order entry. Exclusions: Unless specifically discussed, this quotation excludes all sitework and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; security of equipment (on site and at night); equipment assembly and installation; safety surfacing; borders; drainage; signed/sealed drawings; or permits. Installation Terms: Shall be by a Certified Installer. The installer is an indepedent installer and not part of P1ayCore, GameTime, nor Dominica Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Customer shall be responsible for scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall be responsible for unknown conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not previously included. ORDER INFORMATION Bill To: Contact: Address: Address: City, State, Zip: Ship To: Contact: Address: Address: City, State, Zip Tel: Fax: Tel: Fax: SALES TAX EXEMPTION CERTIFICATE #: (PLEASE PROVIDE A COPY OF CERTIFICAT Acceptance of quotation: Accepted By (printed): Signature: Title: E -Mail: P.O. No: Date: Phone: Purchase Amount: $12,279.40 Page 2 of 2 ager 51 --of 270, Pt!Coy Ca.py Debbie Majors City Manager's Office, City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Dear Debbie Majors: This is to confirm that Dominica Recreation Products/GameTime is the "Sole Source" supplier for Tuff Forms playground custom -themed, hand crafted climbers. Dominica Recreation Products is the exclusive representative for GameTime and its products, including Tuff Forms, in the states of Florida, Georgia, and Tennessee. All purchases of GameTime equipment, including the Tuff Forms, must be processed through DRP offices before GameTime can ship. All purchase orders should be made out to GameTime directly, as invoicing will come from GameTime. If we may provide you with additional information or details, please don't hesitate to call us at 500-235-2440 or visit our website at www.gametime.com or www.DiavdrD.com, Thank you. Sincerely, Sales & Marketing Manager Page 52 of 270 O ti N 4- 0 C7 LO N O1 6.F CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Approve the purchase of two (2) complete sets of Hydraulic Extrication Tools and accessories from South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $62,794.80. SFEV is the Sole Source vendor for Holmatro brand of equipment for the South Florida region, including Palm Beach County. EXPLANATION OF REQUEST: The Boynton Beach Fire Rescue Department (BBFRD) evaluated did product evaluation of hydraulic tools from multiple manufacturers. As a result of this evaluation, department staff selected the Holmatro brand as the hydraulic tool that most fits the needs of the BBFRD. South Florida Emergency vehicles is the sole source vendor for Holmatro brand of equipment in the South Florida region, which includes Palm Beach County. The Boynton Beach Fire Rescue Department often responds to emergency incidents that require the use of hydraulic extrication tools. One set of these tools consisting of a cutter, spreader, and ram are carried on each of our five (5) Fire Engines and one (1) set is carried on the Technical Rescue Truck. Currently the hydraulic tools that the emergency crews are using to preform vehicle extrications are functioning; however, most of the hydraulic Equipment has reached the end of its life cycle and the department is in the process of replacing the equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? BBFRD has identified key pieces of equipment that has reached its end of service life. Our current extrication equipment is one of these pieces of equipment. The purchase of this extrication package of equipment will allow us to start the replacement and upgrade of vital tools utilized for auto accidents and other specialized rescue situation in which hydraulic rescue tools are required. FISCAL IMPACT. Budgeted As part of the 15/16 budget year the department was approved to purchase the equipment from account 001-2210-522-64-02. ALTERNATIVES: Not to approve this purchase. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 54 of 270 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: SOUTH FL EMERGENCY VEHICLES START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type Quotes Sole Source Letter REVIEWERS: Department Fire Finance Legal City Manager Reviewer Carter, Ray Howard, Tim Swanson, Lynn LaVerriere, Lori Description Quote for Extrication Sole source letter Action Approved Approved Approved Approved Date 11 / 19/2015 - 10:45 AM 111201201 - 9:03 AM 11/23/2015 - 10:55 AM 11/24/2015 - :57 AM Page 55 of 270 SOUTH FLORIDA EMERGENCY VEHICLES Phone: 239-267-5300 Fax: 239-590-9246 Name / Address 4655 Cummins Court Fort Myers, FL 33905 Boynton Beach Fire Rescue 2080 High Ridge Rd Boynton Beach, FL 33426 Quote Date Quote # 9/18/2015 Q375 Page 56 of 270 HS # Terms Project Rep Valid to Date Net 30 NS 12-31-2015 Qty U/M Item Description List Price Sales Price Total 2 HOL-158.052.085 GCU 5050 CUTTER 5.0 AH PACKAGE 9834.30 19,668.60 2 HOL-158.052.069 GRA 4331 RAM 5.0 AH PACKAGE 8023.50 16,047.00 2 HOL-158.052.077 GSP 5240 SPREADER 5.0 AH PACKAGE 9968.40 19,936.80 2 HOL-150.182.274 PULLING ATTACHMENT SET SP5240/50 1086.80 2,173.60 2 HOL-150.582.152 PULLING CHAINS SET 3/8" 303.05 606.10 2 HOL-150.182.207 BMC 2 AC/DC ADAPTER 120V AC / 28V 628.90 1,257.80 DC 2 EA HOL-158.181.016 RAM SUPPORT HRS22 NCT 562.40 1,124.80 2 HOL-150.181.322 RAM EXTENSION 13" 349.60 699.20 2 HOL-150.181.323 RAM EXTENSION 23.5" 390.45 780.90 1 HOLMATRO SHIPPING SHIPPING 500.00 Total $62,794.80 Page 56 of 270 July 30, 2015 To Whom It May Concern: This letter is to certify in writing that as of this date, and until superseded in writing, South Florida Emergency Vehicles with its principal location at: 4655 Cummins Ct. Fort Myers, FL 33905 is the sole authorized Holmatro Sales and Factory Authorized Service Dealer for South Central Florida, including the counties of: Brevard, Broward, Charlotte, Citrus, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Marion, Martin, Miami -Dade, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole ,St. Lucie, Sumter, Volusia Sincerely, �61 Tony Barboza National Sales Manager Holmatro, Inc. 6.G. CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on November 17, 2015. EXPLANATION OF REQUEST. The City Commission met on November 17, 2015 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 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 11-17-15 Action Approved Date 11/20/2015 - 10::1 AM Page 58 of 270 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 17, 2016 @ 6:30 P.M. 1=14MI Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation Commissioner McCray offered the Invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Pledge of Allegiance to the Flag led by Vice Mayor Casello The Pledge of Allegiance to the Flag was led by Vice Mayor Casello. Roll call revealed all members were present. Agenda Approval: Additions, Deletions, Corrections There were no additions or corrections to the agenda. Z Adoption Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion. Page 59 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 om The motion passed unanimously. Mayor Taylor explained the motion included approval of all Consent Agenda items. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray had attended the ribbon cutting at Quantum High School, presented the Congress Middle School with a check for $1,000 for the band and chorus, and attended the annual legislative session that was held at Bethesda Memorial Hospital, the Veterans Day celebration and Chamber of Commerce luncheon. He disclosed he had met with Bonnie Miskel and received an email from Zuccala's Towing. He refused to talk to Attorney Weiner and received a call from the President of Hunters Run board. Commissioner Merker mentioned the need for beach mats for disabled individuals. It is very important and further information was being assembled to discuss on a future agenda. Vice Mayor Casello had discussed the mats with Mr. Majors, Director of Recreation and Parks, and learned there was an issue with the depth of the beach as far as location of the mats. It can be further discussed. He disclosed he had attended the Chamber of Commerce Million Dollar Luncheon and attended the veteran's monument dedication. The Community Caring fundraiser garnered between $60,000 and $70,000, doubling last year's donations. He went to the Boynton Intracoastal Group (BIG) golf tournament with the proceeds benefiting public safety. Commissioner Fitzpatrick commented on the funding for the Inspector General's Office and he felt Boynton Beach should be paying its fair share. He had gone to the Firefighters' Pension Board meeting. He spoke to Bonnie Miskel representing David Camalier. The Sierra Club presented Commissioner Fitzpatrick with an award for being the Environmental Champion of the Year. Delray Beach hosted the annual legislative luncheon that he attended. Commissioner Fitzpatrick disclosed he spoke with the President of the Hunters Run Homeowners' Association. On Veterans Day he was at the local ceremony at Veterans Park. His schedule included the Boynton Beach Chamber of Commerce meeting and the Community Caring Center Fundraising Gala. He commended Vice Mayor Casello and his wife for being the honorary chairs. He went to the opening of the Boardwalk Italian Ice Cream Shop on Federal Highway and to the South Central Regional Wastewater Disposal and Treatment pension board hearing and attended the BIG board meeting. N Page 60 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor had gone to the Veterans Day celebration, Dimensional Harmony's concert, Community Caring Center fundraiser and the legislative delegation meeting at Bethesda. He went to the opening of the Boardwalk Italian Ice Cream Shop and urged others to try the delightful flavors of fresh made ice cream. He participated in the BIG golf tournament. Mayor Taylor disclosed he had spoken with President Gold from Hunters Run and Attorney Weiner relating to an item on the agenda. Vice Mayor Casello disclosed he had spoken to the President of Hunters Run and David Gold. Commissioner Merker had discussions with board members from Hunters Run. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim Saturday, November 28, 2015 as "Small Business Saturday". Mayor Taylor proclaimed November 28th as Small Business Saturday and presented the Proclamation to Andrew Mack, Director of Development and Engineering. B. City Hall will be closed for the Thanksgiving holiday on Thursday, November 26 and Friday, November 27, 2015. It was announced City Hall would be closed on November 26th and 27'h for the Thanksgiving holiday. 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). Katie G. Miller, 1057 SW 28th Avenue, complained the cemetery needs to be better maintained. Ms. Miller had filed for a hearing for a red light camera citation. She was surprised that everyone that went to Court was found guilty and did not understand how that could happen. Dr. Piotr Blass, 113 West Tara Lakes Drive, remarked he had a red light camera hearing and was found not guilty. He announced he was officially a candidate for Mayor of Boynton Beach. His ideas for the City included the transformation of Boynton Beach into a university town. He hoped the Old High School would be saved for the university and become the property of the City rather than private entity. The university would serve as an incubator for high tech businesses. One idea being developed was how to use the energy of the gulfstream to produce inexpensive energy. Another concept would be how to use high tech devices to reduce crime and make the City safer. A top priority would be to create a family neighborhood in the Heart of Boynton. Page 61 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Linda Schonz, 1632 Palmland Drive, in Chanteclair Villas, reported a problem with the traffic light at Charter Drive and Congress Avenue. She suggested a left turn arrow was needed because it is a long light and traffic accumulates in all directions. Mayor Taylor explained the County controls the traffic lights, but the City would contact the County about the concerns. Lola Carello, residing in Chanteclair Villas, pointed out this would be the 12th request over the last six years asking for the same assistance on the traffic light. Mayor Taylor reiterated it was an issue for the County to resolve. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts There were no applicants for appointment. 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. PROPOSED RESOLUTION NO. R15-140 - Support Neighborhood Renaissance, Inc. applying to the State of Florida for its tax credit program, certifying that projects of the agency are consistent with the goals and objectives of the City of Boynton Beach's Housing Element of its Comprehensive Plan, Local Housing Assistance Plan, and its Community Development Consolidated Action Plan. B. 'PROPOSED RESOLUTION NO. R15-141 - Approve Boynton Village & Town Center Park Land Swap Agreement and authorize the Mayor and City Clerk to sign the document. Applicant: Jeffrey R. Margolis, Esquire, Berger Singerman. C. PROPOSED RESOLUTION NO. R15-142 - Approve Interlocal Agreement with Boynton Village Community Development District. Applicant: City Initiated. Page 62 of 270 IIIEETfilIGIIIINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL D. Approve the piggyback of the Florida Sheriffs Association bid #15-13- 0904, with Xylem Dewatering Solutions utilizing the same terms, conditions, specifications and pricing. This contract will be used for the purchase of a Godwin Dri- Prime pump at a cost of $25,980.80. E. Approve the list of surplus vehicle/equipment as submitted by the Public Works/Fleet Maintenance Division to be disposed of thru the auction process and authorize the City Manager to sign the auction agreement. F. Approve Change Order No. 1 in the amount of $10,178.00 for the emergency repair to an 8 -inch water main on SW 3rd Street and High Point Court for the Reclaimed Water Main Extension to High Point project, Bid No. 047-2821-15/KTR. G. Approve the minutes from the Regular City Commission meeting held on November 3, 2015. H. Accept the written report to the Commission for purchases over $10,000 for the month of October 2015. I. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 17, 2015 - "Request for Extensions and/or Piggybacks". 7. BIDS AND PURCHASES OVER $100,000 A. Authorize City Departments to utilize the School District of Palm Beach County Bid No. 16C -7T for HVAC Mechanical Contractors; Preventative Maintenance, Repairs and Installations on an "As Needed" basis for an annual expenditure of $150,000. Commissioner McCray moved to approve using the School District contract. Commissioner Merker seconded the motion. Vice Mayor Casello inquired if any of the monies would be used for repairing the air conditioning system at The Links golf course. Tim Howard, Director of Finance, indicated that air conditioning system was currently being repaired. The requested purchases are for general repair and maintenance for all facilities. The money could be used for the golf course, but the funding is available to make the necessary repairs under contract at this time. Page 63 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. 9. PUBLIC HEARING NOVEMBER 17, 2015 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve request for Major Site Plan Modification to construct a one-story, 19,000 square foot inpatient medical facility and related site improvements on 4.6 acres of property located at 3005 South Congress Avenue, on the NW corner of South Congress Avenue and Charter Drive North, within the C-3 (Community Commercial) zoning district, Applicant: Jeffery C. Lynne, Weiner, Lynne & Thompson, P.A. Attorney Cherof administered an oath to all those intending to testify and gave a brief explanation of the procedures to be followed. Michael Weiner, counsel for Novus Properties, advised the public's concern is understood and wanted to be assured the applicant could answer any questions in rebuttal, Attorney Cherof advised there was no time limit for any rebuttal. The following items were placed into the record for the matter. • City of Boynton Beach Agenda Request form from the March 17, 2015 meeting. • Planning and Zoning Memo PZ14-047 supporting the Ordinance relating to C-3 uses. • An excerpt from the minutes of the March 17, 2015 Commission meeting passing the Ordinance. • Letter dated October 23, 2015 from Mr. Weiner's firm to the City Attorney with respect to the standards for approval of site plans. • List of Novus's detox awards recognition and an explanation of their operations • A copy of the PowerPoint presentation. • Email from Michael Rumpf asking questions about the requirements for this particular use in the C-3 zone with respect to roadways and distances. All items will be attached to the minutes of the meeting. Novus Properties would be purchasing the land at 300 Congress Avenue with an existing land use of Local Retail Commercial and zoning designation of Community/Commercial or C-3. The property is approximately 4.6 acres at the corner Page 64 of 270 1�1 I �__; �M of Charter Drive and South Congress Avenue. A 19,000 square foot inpatient medical facility would be constructed on the site. It will include 97 parking spaces, amenities and improvements including a recreational area, retention area and 15 foot landscape buffer and wall. The building height will be 27 feet. The property is vacant at this time. The property was located on a map showing the adjacent property uses as a self - storage facility, tennis courts, and an automotive repair plaza. Detoxification services would be offered at the new facility. Novus Properties has been in business approximately 10 years and offers a similar facility on the west coast of Florida. Bry Wesche, CEO of Novus Properties, was present for any questions relating to operations of the facility. Mr. Weiner stressed C-3 is specifically zoned for the proposed use. All patients voluntarily come to the center. There is no connection to any court ordered detoxification. Patients are invested in their recovery and are private pay or private insurance. There would be no security risks to the neighborhood. There is staff security and the services delivered include a watchful eye on all patients. Patients maintain a low profile and are transported to the facility by staff in limousines or unmarked vehicles. The average stay is only six or seven days. Medical procedures are offered with appropriate guidance to recovery. Patients are monitored at all times and would not wander the property. Safe guards required by the Code would be met. It is not a prison. Patients are undergoing withdrawal and medical situations resulting from the pain of withdrawal. Pictures were displayed of the rooms and amenities that exist at their other location. There is a lounge for family visits, dining rooms, indoor fitness and recreation space, all permitted uses allowed in C-3 zoning under inpatient medical care or testing. The definition of medical care or testing is alcohol or chemical dependency treatment centers, licensed pursuant to Florida State Statute, Chapter 397. The only matter before the Commission was a site plan as set forth in the staff report. There are certain requirements in the Code for approval. It has to be 50 feet from an abutting residential or mixed-use zoning district. The site security will be ensured with a minimum of surveillance cameras, limited and control access points and operation procedures. Privacy and access control would be ensured with a minimum of a perimeter fencing and landscape buffering. All criteria were approved in the staff report. The property is located along arterial frontage and not within an area excepted from this type of zoning under the Code. The setback is more than 200 feet based on a definitive interpretation of how to measure the setbacks from the building to the residential line. All requirements are met. The applicant agreed to all conditions of approval. The law in the State of Florida dictates a site plan should be approved when it meets all the standards. The applicant has met all standards. The project is good planning by creating 75 new jobs, with applicants being well regarded, highly educated and from the local area. The project is planned for locational Page 65 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 security for the neighborhood. It would represent a financial investment to the community with the building improvements costing $7M to complete. New real estate taxes will be generated, as well as an attractive building along a busy highway. There will be permit fees and construction jobs. In summary, the vacant lot generates $26,000 in real estate taxes per year. The $7M improvements will increase the real estate taxes to $150,000. This is a review of a site plan under quasi-judicial rules. The applicant appreciates the efforts of staff and the Planning and Development Board who both approved of the plans. He urged the Commission to approve the site plan. Mayor Taylor opened the issue for public comment. Lola Cariello, 1748 Palmland Drive, President of the Homeowners' Association of Chanteclair Villas pointed out there are residential areas in close proximity to the proposed site being Chanteclair Villas 1, 2 and 3, Hunters Run, Serrano's family homes and Crosspointe Elementary school. It is a very vulnerable area with senior citizens, children and a school. She questioned the security and access for the patients, the level of background checks on the staff, increase in crime, decline in property values and safety. Ms. Cariello asked if the guards would have guns. Elderly homeowners are caring and giving and would invite anyone into their homes. Children are on the streets going to and from school. The mix is bad. She appreciated the need for detox centers, but they should be placed in more appropriate areas. There is an additional issue of traffic and ingress and egress to the facility. Attorney Cherof thanked the public for attending, but cautioned it was a business meeting and quasi-judicial hearing before the Commission. There was no need for applause or spontaneous comments. Any and all individuals could come to a microphone and speak. Mayor Taylor indicated the speakers would not be timed, but asked they remember there are others who wanted to be heard. Ms. Cariello asked why Crosspointe Elementary was not notified of the plans. Peter Leavitt, 26 Northwoods Lane in Hunters Run, was convinced detox centers are necessary. He did not feel the requested site plan location was appropriate. Mr. Leavitt had an extensive legal background and had dealt with addicts and rehabilitation for many years. Not one facility controlled the -flow of illegal drugs into the facility. There will be neighborhood problems for the school, children and residents. He urged the Commission to get more statistics on the casualty and incident rate at these types of treatment centers. The increase in taxes will not cover the extra police surveillance, calls to the center for police and fire and EMS personnel and their equipment. He strongly opposed the detox center. Page 66 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Joyce Mura, 1555 Palmland Drive, agreed with the previous speakers. She added there are two schools in the area that includes South Tech that is a high school. The traffic light is a problem and the Center would be a "black eye" for the City of Boynton Beach. There was a drug deal on Seacrest Boulevard recently and one lady was shot and killed. The individuals came from a drug facility. The patients' backgrounds can be vetted and admission denied based on prior records. These types of programs are being investigated by the FBI and the IRS for kickbacks and insurance fraud. It is not needed in the City of Boynton Beach. This request was approved by the Planning and Development Board because it is a trend for substantial income opportunities. She urged the Commission to not approve the request. Commissioner McCray clarified the incident referred to happened on 0 Street, the Cherry Hill Mini Mart and a sober home and not on Seacrest Boulevard. Carl Sloan, President of Hunters Run, a community of 1,649 homes with 3,000 residents and located within 300 yards of the proposed detox facility was against the project. The residents realize the proposed property is zoned to permit this use. Because the zoning is proper does not make the site acceptable. The patients will be addicts and alcoholics. The facility is only one block from the Crosspointe Elementary school and across the street from the Barrier Free Park and Tennis Center. Caloosa Park is across the street with its many recreational venues that attract young and old. There are three residential communities adjacent to the site and it is next to Manor Care Rehabilitation facility. The proposed project would be a hub for recovering and struggling addicts to gather day and night, seven days a week. It would be a threat to the neighborhood safety and security and bring crime to the area. The request was for the Commission to vote no on the project as not a proper use of the land, Martin H.enessey, 10 Woods Lane, in Hunters Run, shared he was a recovering alcoholic and drug addict, being sober for 24 years. He previously lived near a detox center and rehabilitation facility. The crime rate went up and the facility had to be closed. He did support helping others with these types of problems, but he did have a problem with safety in the area. In addition most people with addiction problems have mental illness problems. Supporting this venture would be a bad mistake. He understood the individuals want to make money as it is one of the most lucrative businesses in the world. He hoped the Commission would not approve the facility. Joanne Tancer, 10 Woods Lane, opposed the proposal. She submitted 94 letters/ signatures that could not be present to oppose the project. She had worked in hospitals and rehab centers for 45 years. She was a member of two 12 -step anonymous programs. She wholeheartedly supported treatment, detox and rehab. This was not an appropriate location for a facility. Many residents take their grandchildren to the Barrier Free Park, There will be considerably more traffic in the area. An addict has a compulsion for crime to get the drugs they need. It will raise the crime rate in the area, lower the property values and put the residents in danger. E Page 67 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL La"LWASUM Linda Schonz, 1632 Palmland Drive, and President of the Section 2 Association of Chantaclair Villas, expressed her concern for the safety of the residents and children. She questioned the placement of the surveillance cameras and the traffic flow creating traffic jams. She hoped the Commission would support their concerns and vote no. Allan Ullman, 7 Island Drive, in Hunters Run, quoted from a newspaper article that reported 40% to 60% of the participants in drug treatment programs drop out within the first few weeks or months. Effective treatment typically requires at least a year. There are only 50 units in the community left to purchase making it the best community in south Palm Beach County. This facility will turn those dynamics all around. William Poznak, 1 Woods Lane in Hunters Run, an engineer for many years, contended the site had many physical problems and the residents should be able to examine the site plan drawings. He had counted 18 cars lined up to go north on Congress Avenue. There is now a retention area with no drainage that could fill up with water and flood the areas. He wanted to see the drawings. He suggested the matter be delayed for further study and dialogue. It is a federal law, the project cannot be stopped. Mayor Taylor asked the public to refrain from talking and listen to the speakers who have a right to speak. Miguel Lizarraga, 1527 Palmland Drive, lived directly behind the proposed facility and felt it was not a good location for the enterprise. There are two schools with children walking by the facility. The senior citizens walk in the streets. He was a recovering addict and clean and sober for 10 years and he worked in a similar facility. The only requirement to work in a facility is to be clean and sober. One of the main tasks is to keep an eye for drug dealers. Now, with cell phones the drugs are only one phone call away. This facility will bring drug dealers to the area and crimes of opportunity will spike. David Gold, 6 Sutton Drive, a resident of Hunters Run for 36 years, endorsed everything he had heard. He added, historically, these types of places have been gathering points. When the patients are in need, there are four residential communities to assist them. The lure of additional tax revenue is accurate short term. He believed the lessening in the values of the surrounding four communities will end up a minus for the City of Boynton Beach. Dr. Piotr Blass, 113 Tara Lakes Drive, lived close to Congress Avenue. A sober home was started in the Clipper Cove development and suddenly there were many robberies and even a murder in the area. He was afraid the same would happen along Congress Avenue. He resented the tone Mr. Weiner took as if he was lecturing, disciplining or interrogating. He was running for Mayor and he promised the project would not proceed. 19 Page 68 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Sanford Mayer, 2 Clubhouse Lane, had lived in Hunters Run for 12 years and pointed out the Board of Directors of Hunters Run donate money to the community for public safety, food kitchens, or libraries. After all these years of working for Boynton Beach, he hoped the Commission would listen to those who have spoken and not approve the project. No one else coming forward, Mayor Taylor closed public hearing. Mr. Weiner, Bryn Wesche, and Kyle Karr came forward with rebuttal. Mr. Weiner and the applicants understood small communities and how close they are and want to stand together. This is a quasi-judicial hearing and the Commission understands their responsibilities. There are issues that have to be considered. However, because many people have come forward with their concerns Mr. Weiner was willing to respond to remarks that are not pertinent to a site plan. It would be done out of the greatest respect for the City of Boynton Beach and those people who have attended this meeting. There was a study done for two years on convenience stores, residential points and general medical hospitals and methadone clinics that revealed convenience stores put more crime in an area. There is another detoxification facility in Boynton Beach for over 10 years and the home values in the area are going up. There are 400 apartment units across the street which is well leased. It is one of the areas that is a shining star in redevelopment in the City of Boynton Beach and was built long after the detox center was open. Vice Mayor Casello asked how many calls from public safety have been called to that location. Ms. Wesche advised in the nine years they have called the Sheriff four times for assessment of personal safety to themselves. There has never been an arrest or law enforcement called to their premises for any other reason. Mr. Weiner asked if a patient had ever been lost or left without their knowledge. Ms. Wesche replied no, it was a medical detox and it is voluntary. The patients are brought in, an intake is done, and they remain in the facility and monitored 24 hours a day, administered medication and then returned home upon completion of the program. If a patient wants to leave against medical advice, the patient is returned in the same fashion as they came in. The company is a Joint Commission Accredited facility, like a hospital. Patient safety is paramount. Mr. Weiner inquired about the eligibility criteria for the services provided. Ms. Wesche pointed out their facilities are not a Baker Act facility or a hospital. Patients are prescreened for the higher levels of care indicators prior to a face-to-face assessment by a nurse and a doctor does a physical. If it is an appropriate level of care in their situation, they are admitted. The screening of employees requires all direct care staff have a Level 2 background investigation with the FBI. The facility has never been investigated. It is inspected by 11 Page 69 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 the Department of Children and Families every single year and had no issues. They are inspected by the Health Department and never had an issue. The Joint Commissioner Accreditation requires inspections every three years. Vice Mayor Casello asked how many times the paramedics/fire rescue responded to the location. Ms. Wesche did not have an exact count. It would only be done for a medical emergency. Vice Mayor Casello specifically asked how many times outside help had to be called to Ms. Wesche's facility during the last ten years. Ms. Wesche did not have an exact number. Mr. Weiner discussed security and asked about the fencing and perimeter. Mr. Karr advised it was a closed campus with a security fence around the entire structure. This property has a seven foot block wall on the one property line. There will be a six-foot vinyl fence around the other two sides. Mayor Taylor again attempted to silence the audience requesting them to allow the applicant to speak. Mr. Karr continued all fencing would be six feet tall or taller. It has automated security gates for cars to enter or exit. No one can walk out and have a gate open. It takes the vehicle to sensor the gate so it will open to exit. Video cameras will be mounted on the entrance gate and a call button. If not an employee, the call button allows staff to visually see the individual at the gate for access. There will be 36 exterior cameras with night vision capabilities. There is a well-planned site plan with parking lot lighting, landscape lighting, motion sensors and security lighting. The interior has 42 cameras so all rooms and hallways are under video monitoring. It is a 24-hour monitoring system that goes to the nurses' station and monitored at three locations off site. Vice Mayor Casello asked if there was protocol established if the cameras detected a problem. Mr. Karr added all the doors have alarms for exiting or entering. The front door is locked and requires approved entry to the lobby that continues to all other areas of the facility. Other exit doors have crash hardware to exit, but no one can enter without a key. Ms. Wesche responded every shift has a required number of staff including nurses and support staff and techs, based on a ratio to patients. There is a Safety Officer that is present at night to monitor any and all situations and support the direct care staff in de- escalating any situations. There have never been incidents during their years of operation. It is not a restraint facility needing that level of care. Violent patients belong in a hospital or psych ward type environment. The medications given make the patients less aggressive. 12 Page 70 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 0 4NIA. :4 1 Mr. Weiner understood the concerns and wanted to address issues that may be problematic for the public. The plans have been available for quite some time for any engineering criteria, Statistics provided were based on a decade of experience. He attempted to diffuse a prejudice about those in the recovery community and those who need assistance. The purpose of the hearing is simply to consider a site plan. There had been prior hearings and an ordinance was carefully designed. This is the first project that addresses the requirements and has met all the standards and even addressed the public concerns. The facility cannot be denied because of a notion that it might more often use an ambulance. The requirements of the law have been met and the Commission sits as quasi judges. The request has nothing to do with zoning. The applicant was open to discuss rational concerns and specific issues. Vice Mayor Casello asked how many meetings were held with the surrounding communities. Mr. Weiner disclosed he had discussions with Mr. Gold and there was a public hearing before the Planning and Development Board. Vice Mayor Casello did not understand why Mr. Weiner and his clients had not met with the residents of Hunters Run and other communities about their concerns. Mr. Weiner argued they were present tonight to listen to their concerns. Vice Mayor Casello commented it was becoming very controversial and could have been avoided. It was understood the letter of the law was on Mr. Weiner's side, but noted it was not always about the letter of the law, rather the decency of doing the right thing. Mr. Weiner apologized to Vice Mayor Casello and noted there is a process in place that includes a previous public hearing when any public concerns could be addressed. His clients followed every process and responded to any questions. Mr. Weiner apologized for not reaching out more to the residents, but did not feel it was a reason to deny the request. Commissioner Merker simplified the issue is money versus the heartbeat of the people, It is a business. The people are commenting about fear, danger, crime, safety, security, seniors and children. He declared the project was not good for the City of Boynton Beach. It was suggested the applicant reassess their position and if the people of the community are unhappy, the issue should not be forced. Commissioner McCray voiced his first concern was one section was approved and another rejected. Andrew Mack, Director of Development and City Engineer, indicated the Planning staff had recommended approval. There were two items that were deficient and a waiver was requested. One was queuing distance on Charter Drive to the entrance. Antidotal evidence that the amount of traffic generated did not warrant the 70 feet was submitted. The staff agreed and allowed less than 70 feet. im Page 71 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Commissioner McCray noted he did not represent District 1, but most of all he represents every citizen in the City of Boynton Beach. He listened to everyone tentatively and patiently and would not approve the request. Commissioner Fitzpatrick mentioned as a firefighter he had spent 15,000 hours on duty and he made no calls, no runs to a detox facility and knew of no other paramedics who had made those runs. He was stationed in Fire Station #2 and made hundreds of runs to Hunters Run. This site is an empty lot and had formerly been a nursing home, a medical facility that was water damaged beyond repair from a hurricane. It was a larger facility than the proposed site. The added traffic for the proposed facility would be much less than what was there. He believed it was possible there would be some wandering off and around the property, Commissioner Fitzpatrick noted there is another facility called the Watershed that is four stories with 250 to 300 beds. Its location is 200 yards from the entrance to Boynton Beach High School and has been there well over ten years. He had responded to a fair number of calls to the facility. He asked Chief Katz for any statistics on the impact of the Watershed facility. Police Chief Katz had statistics from a year ago. Between February of 2013 and February of 2014 the Police Department responded to 179 calls for service. The Fire Department responded to 108 calls for service at the Watershed. He understood there is an important distinction between the Watershed and the proposed facility. Commissioner Fitzpatrick surmised an adjustment for the size variance in the facilities would equate to 2.5 calls a month. Boynton Beach has 4,300 people per square mile making Boynton Beach an urban area. Like all cities, picking a neighbor is impossible. The project is totally legal. The City land use ordinance was passed after much discussion to allow these kinds of projects. Any concerns could have been addressed at that time. These are federally protected citizens with a medical condition. Detox centers are not sober homes that have many problems that are not adequately addressed by the state legislators. Detox centers are very well regulated. He would not vote to put the City in a precarious legal position. Mayor Taylor addressed his thoughts on the issues. As was mentioned, when it was initially presented the request was to put these type facilities in C-1, C-2 and C-3 zoning area. Mayor Taylor and Vice Mayor Casello voted against the proposal. Discussion evolved that the City was required to give to some availability and it was agreed that only C-3 would be utilized. The applicant comes in with a site plan and the Commission has to decide on the effect on the surrounding neighborhoods. There are many allowed uses in C-3 areas, many that are not appropriate. It is obvious this facility would have a negative effect on the entire surrounding area with schools, parks and residential areas. 14 Page 72 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 It is not conducive to the area. There is a facility approved in Boynton Town Center commercial area. The City is not denying availability. There are available areas and in the right areas it can be done. Mayor Taylor recalled he was on the prevailing side when allowing the use in C-3 areas. He asked the Ordinance be brought back to the Commission for reconsideration of C-3 areas and what should be allowed. Mayor Taylor declared he would not vote for the site plan at the proposed location. (There continued to be questions asked and remarks made from the audience.) An unidentified man remarked about a prior use of the same site. Commissioner Merker moved to approve the request for major site plan modification, Commissioner Fitzpatrick seconded the motion. The motion failed 1-4 (Mayor Taylor, Vice Mayor Casello, Commissioners Merker and McCray dissenting). (The meeting was delayed while much of the public audience left.) Mayor Taylor moved to bring the Ordinance back for reconsideration. Vice Mayor Casello and Commissioner McCray seconded the motion. Commissioner Merker asked for clarification. Mayor Taylor explained the Commission had approved locating these types of facilities in C-3 areas. There needs to be more specificity on the allowed uses to avoid unwanted uses in a particular area. He suggested the Commission look at all the areas and all the uses. Commissioner Fitzpatrick recalled Planning had a map that outlined the C-3 locations, so the Commission knew this type of facility could have gone there. MM The motion passed 4-1 (Commissioner Fitzpatrick dissenting). il[#�Sagm "T-111"UC11:1 W Page 73 of 270 MEETINGMINUTES 1:19YA i k NOVEMBER 17, 2015 A, PROPOSED RESOLUTION NO. R15-143 - Approve and adopt the Greenways, Blueways and Trails Master Plan, presented by Stewart Robertson of Kimley-Horn, consultant for the project RFQ No. 023-2730-14/JMA. Commissioner McCray moved to approve the Master Plan. Vice Mayor Casello seconded the motion. Carisse LeJeune, Assistant City Manager, advised the Plan satisfied two items from two Commission adopted Plans. It addresses goal five, action item 2 of the 2015-16 Strategic Plan and completes the Climate Action Plan implementation item number 4.4.1 relating to non -motorized transportation corridors. If approved and adopted, the Plan will increase and enhance multi -module and non -motorized transportation, tourism, education, recreation, economic development, health, physical fitness and environmental conservation throughout the defined areas. Vice Mayor Casello thanked Ms. LeJeune for all her work and it was greatly appreciated. The Commission supports the Plan. Ms. LeJeune indicated the plan and presentation would be on the City's website for the public. The motion passed unanimously. i FA 0 0 Z, 14 Y ", &I I Z f**� &M'kl 13. LEGAL A. PROPOSED ORDINANCE NO. 15-031 - FIRST READING - PUBLIC HEARING - Approve the fourth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No. 15-031 by title only, on first reading. Commissioner Merker moved to approve Ordinance 15-031. Commissioner Merker seconded the motion. Vice Mayor Casello understood the program was not needed at this time. Ms. LaVerriere advised with the increase in development with rental apartment housing and 12 Page 74 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 seeing market rates increase, more study time is needed. Recommendations would be made before the end of the year. ORM City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TABLED TO 11117115) 1j, Commissioner McCray moved to remove Item 13.13 from the table. Commissioner Merker seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 15-024 by title only on second reading. He explained the reason for the delay was Items 6.B and 6.0 had to be approved by the Commission first. Mayor Taylor opened the issue for public hearing. Jerry Knight, Attorney for the Boynton Village Community Development District, had filed the petition on behalf of the District. If the Ordinance is approved he would request authorization for execution of the affidavit that is Exhibit 3, the owner consent, The City is the owner. Attorney Cherof advised it was inherent in the approval of the Ordinance and the document was available for signature. Commissioner Fitzpatrick asked how large the parcel was and Mr. Knight advised the City park area is 4.99 acres. Jim Gilda, Supervisor on the Boynton Village Community Development District, indicated the exchanged parcel is 3.2 acres but it would be improved with a parking facility, a dog park, grading, irrigation and landscaping. Z =.- Commissioner Merker moved to approve Ordinance No. 15-024 IN Page 75 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17,2015 Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Annual Performance review of City Manager - December 1, 2015 C. Interlocal Agreement between the City and CRA for the Neighborhood Officer Policing Program - December 1, 2015 D. Interlocal Agreement between City and CRA for maintenance of the North Entry Signage Area - December 1, 2015 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:28 p.m, (Continued on next page.) 09 Page 76 of 270 MEETINGMINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL NOVEMBER 17, 2015 Janet M. Prainito, MMC City Clerk -14 41.. J ith A. Pyle, CMe e r)utv A. Vputy City Clerk' IE* Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 77 of 270 6. H. CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for December 1, 2015 - "Request for Extensions and/or Piggybacks". EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM Global Trading; Red the Uniform Tailor Embroidery, Silk Screen, and Miscellaneous Uniforms Bid No. 008-1412-14/MFD December 4, 2015 to December 3, 2016 Public Financial Management, Inc. Financial Advisory Services 067-1410-10/JMA November 3, 2015 to November 2, 2016 Image Janitorial Services, Inc. City-wide Custodial Services 078-2511-13/JMA December 2, 2015 to December 1, 2016 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for bids, contracts/agreements and piggy -backs renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT. Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 78 of 270 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Action Type D Other D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Explanation of Bid Extensions 12-1-2015 Extension Letter - Global Extension Letter - Red the Tailor Extension Letter - Public Fin, Management Extension - Image Janitorial Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/20/2015 - 12:03 IIIA 11/20/2015 - 12:03 IIIA 11/23/2015 - 10:55 AM 11/24/2015 - 8:57 AKA Page 79 of 270 REQUESTING DEPARTMENT. Finance/ Warehouse SOURCE FOR PURCHASE: BID DEPARTMENT CONTACT. Michael Dauta ACCOUNT NUMBER: 502-0000-141-0100 ANNUAL EXPENDITURE: $ 40,000 TERM: December 4, 2015 —December 3, 2016 VENDORS: Global Trading and Red the Uniform Tailor (Formerly Special Products Group) NEW BID # 000-1412-16/MFD DESCRIPTION OF BID EXTENSION: City Commissioners approved the award for the bid for the 'Annual Supply of Miscellaneous Uniforms to Include Embroidery and Silk Screening" Bid # 008-1412-14/MFD to two vendors. The purpose of this bid was to secure suppliers for the purchase of apparel/embroidery/silk screening on an "AS NEEDED BASIS". This is the second one-year renewal. The two vendors listed above have agreed to extend this bid for one-year term with the same terms, conditions and pricing. The bid documents allow for an additional one-year renewal; subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. REQUESTING DEPARTMENT. Finance SOURCE FOR PURCHASE: Request for Proposal No. 067-1410-10/JMA; "A Five Year Contract for Financial Advisory Services" ANNUAL EXPENDITURE: As Needed DEPARTMENT CONTACT. Tim W. Howard TERM: November 3, 2015 to November 2, 2016 CONSULTANT. Public Financial Management, Inc. of Orlando, FL DESCRIPTION OF BID EXTENSION: On November 3, 2010, City Commission awarded the Consultant Agreement forA Five Year Contract for Financial Advisory Services to Public Financial Management, Inc. as the result of the Request for Proposal No. 067-1410-10/JMA. The RFP was issued to select a firm to assist the City with capital financing and related debt issuance and business transactions with financial institutions. PFM has successfully assisted the City on an "As Needed" Basis over the past five years. The City has been pleased with PFM's performance over the term of the contract. The Contract allows for two (2) one-year renewals and PFM has agreed to extend the contract for an additional year with the same terms and conditions, and contract rates. REQUESTING DEPARTMENT. PW/Facilities SOURCE FOR PURCHASE: Bid No. 078-2511-13/JMA, "Two Year Contract for Custodial Services for City Municipal Buildings and Facilities" DEPARTMENT CONTACT. Gail Mootz ANNUAL EXPENDITURE: $235,000.00 TERM: December 2, 2015 to December 1, 2016 CONSULTANT. Image Janitorial Services, Inc. DESCRIPTION OF BID EXTENSION: On November 5, 2013, City Commission approved a two year award to Image Janitorial Services, Inc. as the lowest, most responsive, responsible bidder to submit a response to Bid no. 078-2511-13/JMA. Image Janitorial Services performs weekly custodial services and additional services for scheduled and emergency cleanings as required. This bid allows for two (2) one-year renewal terms. Image Janitorial has agreed to extend the bid for a one-year period with the same terms, conditions and pricing. BID NAME: "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" BID NO.: 003-1412-15/MFD Contract Renewal Period: DECEMBER 4, 2015 THROUGH DECEMEBER 3, 2016 Agreement between the City of Boynton Beach, and Global Trading Inc.; Yes, I agree to extend the existing Bid for the Annual Supply for Embroidery and Silk Screening under the same Terms and Conditions for an additional year: December 4, 2015 through December 3, 2016. No, I do not wish to renew the agreement for the following reason(s): Gib /\j --r, NAME OF REPRESENTATIVE (please print) DATE SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 81 of 270 FinancelProcurement Services 100 E. Boynton Beach Boulevard P. 0. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX (561) 742-6316 October 28, 2015 Red The Uniform Tailor 202' ) Corporate Drive Boynton Beach, FL. 33426 ATTN: Jennifer Darner A EMBROIDERY AND SILK SCREENING91 BID #- 003-1412-15/MFD Dear Ms. Karner- The above referenced Bid will expire on December 3, 2015. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach Would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Cornmission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautama,- ..bbfl.us. We look forward to continue working with you. If you should Dave any questions, please feel free to call Michael Dauta, Warehouse Manager at (561) 742- 6324. Thank you. Sincerely, Tim W. Howard Director of Financial Services c: Michael Dauta — Warehouse Manager Central File Aincrica's Galvivay lo 1he Guysiream Page 82 of 270 BDREMBROIDERY AND SILK SCREENINW1 Contract Renewal Period: DECEMBER 4, 2015 THROUGH DECEMEBER 3 C016 Agreement between the City of Boynton Beach, and Special Products Group; Yes, I agree to extend the existing Bid for the Annual Supply for Embroidery and Silk Screening under the same Terms and Conditions for an additional year: December 4, 2015 through December 3, 2016. No, I do not wish to renew the agreement for the following reason(s): NAME OF REPRESENTATIVE (please print) 13, sv DATE SIGNATUat Uy 0, 4,1 TITLE (AREA CODE) TELEPHONE NUMBER Apnerica 's Gateway to the GeOh-ccan Page 83 of 270 The City of 1Z N ounton Beach FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. Box310 VoYnton Beock-F1qcKv-3-M25-.Q—W Telephone No: (561) 742-6310 FAX: (561) 742-6316 RE: "FIVE YEAR CONTRACT FOR FINANCIAL ADVISORY SERVICES` RFP No.: 067-1410-IO/JMA 111, 7711 11"11111 IIIIII11111111111IpIl, Yes, I agree to renew the Consultant Agreement under the same terms, conditions, a rates for an additional year. PUBLIC FINANCIAL W 0 NAME OF REPRESENTATIVE (please print) I 1116115 — dATE"' I E-MAIL: kcaecl a) vkh.cz-)nn America's Gateway to the Gulf Stream Page 84 of 270 FinancelProcurement Services 100 E Boynton Beach Boulevard P.O. Box 310 M,_t Telephone No: (561) 742-6310 FAX- (561) 742-6316 am M 0rlando,FL 32801 RE: "FIVE YEAR CONTRACT FOR FINANCIAL ADVISORY SERVICES" RFP No.: 067-1410-I1IJMA F, I �-i A�n # *- The Five Year Consultant Agreement for Financial Advisory Services with PFM expires November 2, 2015. This Agreement has two (2) one-year renewals available. We apologize for the late notice, but the City of Boynton Beach would like to renew the Consultant Agreement with Public Financial Management, Inc. (PFM) with the same terms, conditions, and rates for an additional one-year period. Please indicate your response on the following page and return it to me at your earliest convenience. Also please include an updated Certificate of Insurance naming the City of Boynton Beach as an "Additional Insured". If you should have any questions, please do not hesitate to contact me at (561) 742-6311. Tim W. Howard T �r A LA�1rA1AA&4r__ARrPhI * Z17Z I in, Page 85 of 270 The City of Botinton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach, Florida 33425-0310 Telephone No; (561) 742-6310 FAX: (561) 742-6316 Bid Name: "TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES" Current Bid No.: 078-2511-131JMA Agreement between the City of Boynton Beach, and IMAGE JANITORIAL SERVICES, INC, Bid Renewal Period: December 21, 2015 to December 1, 2016 �es, I agree to renew the existing Bid under the same terms, conditions and pricing for a one-year term. Yes, I agree to renew the existing Bid under the same terms, conditions, for the one-year term with the following requested increase: No, I do not wish to extend the contract for the following reason IMAGE JANITORIAL SERVICES, INC. NAME OF COMPANY TIMOTHY B. WILSON NAME OF REPRESENTATIVE (please print) DATE SIGNATURE TITLE -� ��_ e V0 (AREA CODE) TELEPHONE NUMBER E-MAIL: { � � � � �✓L► ��`"^ . America's Gateway to the Gulf Stream Page 86 of 270 M CONSENTAGENDA 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Approve an Amendment to Task Order #U -1A-07 with Globaltech, Inc. for Electrical Engineering Support Services in the sum of $50,000 giving a revised total of $59,500. These services are provided under the General Consulting Services Agreement RFQ # 017-2821-14/DJL as approved by Commission on August 1, 2104. EXPLANATION OF REQUEST: Task Order #U -1A-07 was issued to provide Electrical Engineering Services for existing projects, to assist with a recent vacant staff position that was previously responsible for electrical engineering. The Utility has a major construction project underway to modernize the East Water Treatment Plant (EWTP) and expand treatment capacity. The project is at a stage when the engineers are requesting Utility approval of multiple submittals covering Electrical and Control specifications and design drawings. In order to meet the project schedule the Utility has a brief response time to signify approval of the submittals. Because there is no Utility Electrical Engineer on staff it is necessary to seek outside assistance in order to meet the project deadlines. These services will also be used for any routine engineering needs of the utility. The Task Order was originally set up with the belief that the vacancy would have been filled relatively quickly. Unfortunately it had proved difficult to find a suitable candidate and it is therefore necessary to increase the contract value. The position vacancy is currently posted until filled. The funds requested will only be used on an as needed basis until we have filled the vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Task Order is required to support ongoing Utility operations and to ensure timely review of major project design submittals. FISCAL IMPACT. Budgeted Funds for this Task Order are available from account 401-2821-536.31.90 ALTERNATIVES: The alternative is to wait until the vacancy has been filled and accept the fiscal consequences of late completion of projects and other work, which may add to the costs of the projects. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 87 of 270 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum REVIEWERS: Department City Clerk Finance Legal City Manager Description Page 88 of 270 Task Order U- 1 A-07 Amendment Reviewer Action Date Pyle, Judith Approved 11/23/2015 - 10:53 AM Howard, Tim Approved 11/23/2015 - 11:07 AM Swanson, Lynn Approved 11/24/2015 - 3:17 PPA LaVerriere, Lori Approved 11/25/2015 - 7:57 AM Page 88 of 270 November 20, 2015 Mr. Michael R.T. Low, C.Eng. Manager, Technical Services City of Boynton Beach Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Dear Mr. Low: Engineers • Contractors 6001 Broken Sound Pkwy NW, Suite 610 Boca Raton, Florida 33487 Phone: 561.997.6433; Fax: 561.997.5811 Subject: Task Order #U -1A-07 - Amendment 1 / Electrical Engineering Support Services At the request of the City, Globaltech is submitting this Amendment to our Task Order for Electrical Engineering Support Services. Globaltech will be working in cooperation with our team member (DcR Engineering Services, Inc.) to provide requested engineering support. A Scope of Work and rate schedule provided by DcR is included with this proposal. Task Order #U -1A-07 was approved by the Utility Director in September 2015 to assist with a vacated staff position. The position remains unfilled and the Utilities Department requires additional electrical support to review ongoing projects at the East Water Treatment Plant. This Task Order will be administered on a time and materials basis and can be amended or cancelled at any time. This amenedment provides an additional $50,000 of funding raising the total fee for Task Order #U -1A-07 to $59,500. Please review our attached proposal and call me if you have any questions. Very truly yours Rick Olson, P.E. Client Services Manager Page 89 of 270 TASK ORDER #U -1A-07 / Amendment 1 CITY OF BOYNTON BEACH GENERAL CONSULTING SERVICES SCOPE OF WORK FOR ELECTRICAL ENGINEERING SUPPORT SERVICES INTRODUCTION City of Boynton Beach (CITY) entered into an AGREEMENT entitled General Consulting Services RFQ No. 017-2821-14/DJL (CONTRACT) with Globaltech, Inc. (CONSULTANT) to provide engineering services for various general activities, approved by the Boynton Beach City Commission on August 1, 2014. This Task Order will be performed under that AGREEMENT. SCOPE OF SERVICES Task Order #U -1A-07 was approved by the Utility Director in September 2015 to assist with a vacated staff position. The position remains unfilled and the Utilities Department requires additional electrical support to review ongoing projects at the East Water Treatment Plant. The CITY has requested an amendment to Task Order #U -1A-7, under Scope A of the AGREEMENT for the CONSULTANT to continue to provide Electrical Engineering Support Services to the City's Utility Department. Work will be conducted by DcR Engineering Services, Inc., (SUBCONSULTANT), however, may be supplemented by CONSULTANT's local staff to improve efficiency. CONSULTANT shall provide general project administration and coordination for the duration of the PROJECT. CONSULTANT shall also provide the contracting mechanism to have DcR Engineering Services, Inc., provide the requested work. CITY shall contact and request services directly through SUBCONSULTANT. SUBCONSULTANT shall in turn provide a brief summary of the requested work and estimated level of effort to both the CITY and CONSULTANT. CONSULTANT will the monitor our expenditures and notify the CITY as we approach the budget limit. PROJECT PERSONNEL The CONSULTANT proposes that Rick Olson serve as the project manager and facilitator. In the event that local electrical engineering services are requested, Nico Shaner will assist SUBCONSULTANT (resumes previously provided). DELIVERABLES Deliverables for this project have not been defined, however, may include permits, design drawings, specifications, assistance with equipment purchases, field inspections, submittal review and review of design drawings prepared by others. CITY will authorize specific tasks and estimated expenses prior to implementation. Page 90 of 270 ASSUMPTIONS 1. A brief correspondence will be prepared summarizing any request for services along with associated costs. CITY will authorize all services by DcR prior to implementation. 2. CITY shall provide access to drawings, equipment and staff necessary as necessary to perform work. 3. No construction bonds will be required for work. 4. Electrical construction or repair work will be performed by others. COMPENSATION Rate Schedules for Globaltech and DcR Engineering Services, Inc., are provided in Attachment A. Compensation for this Task Order #U -1A -07 -Amendment 1, will be on a time and materials basis. This Amendment 1 requests a fee increase of $50,000 raising the Task Order budget to $59,500. The project fee may be utilized in part or in whole at the OWNER's discretion. ATTACHMENT A - Rate Schedules Page 91 of 270 ATTACHMENT A - RATE SCHEDULES - Globaltech, Inc. - DcR Engineering Services, Inc. Page 92 of 270 SCHEDULE OF PROFESSIONAL FEES The Price Proposal shall establish hourly rates for each classification listed. This list is not comprehensive of all classifications required therefore additions and deletions may be necessary. There may be overlapping of the classifications listed for sub -consultants, In those cases, the mark-up line item will apply. SCOPE CATEGORY "A" ITEM NO. CLASSIFICATIONS HOURLY RATE 1. Project Director (Principal) $218 2. Client Service Manager $204 3. Senior Project Manager $218 4. Project Engineer $162 S. Senior Structural Engineer 6, Structural Engineer ' 7. Senior Mechanical Engineer $189 8. Mechanical Engineer $158 9. Electrical Engineer $162 10. Senior Electrical Engineer $184 11. Electrical Technician 12. Scientist 13, Senior Engineer/Hydrogeologist $204 14. EngineerlHydrogeologist (Technical Specialist) 15, Graphic Designer 19, Senior Graphic Designer $95 17. Surveyor 18. Lead Surveyor 19. Chief Surveyor 20, EngineeringlSurvey Technician 21. Senior Field Representative (Professional) $204 22. Construction inspection Technician $131 23. Construction Inspector 24. Construction Manager $160 25. Contract Administrator 26. GIS Specialist 27.Senlor Inspector Page 93 of 270 28. 1 GPS EqulpmentlCrew 29. Senior Administrative Support $100 30. Administrative Support $63 31. Paraprofessional $5Y 32. Aerial Photogrammetry 33. Computer Systems Analyst 34. Financial Services 35. Instrumentation and Control Services $147 36. Data Acquisition and Control Services Direct Cost — Mark-up % Sub -Consultants 15% Page 94 of 270 SERVICES Inc. Date: 9/29/2015 Mr. Rick Olson 6001 Broken Sound Parkway NW Suite 610 Boca Raton, FL 33487 Office (561) 997-6433 Mobile (954) 647-9530 Re: City of Boynton Beach Electrical Engineering Support (Revised 09/29/15) Dear Mr. Rick Olson P.E. 3110 Cherry Palm Drive Suite 290 Tampa, Florida 33619 Telephone 813-418-3340 Fax 813-418-3355 The purpose of this letter is to offer electrical engineering support services to CITY OF BOYNTON BEACH at the East plant on a, time and material basis. DcR is currently performing engineering and programming at the CITY OF BOYNTON BEACH utilities department. Considering our depth of resources and experience, we will provide a significant contribution to the success of the project. Thank you for your interest in DcR Engineering Services, Inc. as a value-added resource for professional engineering services. Sincerely, Jim Hall Electrical Engineer This proposal contains intellectual property of DcR Engineering Services, Inc. All ideas, designs, arrangements, and financial projections are intended only for the use of Client. All information is to be considered privileged and/or confidential. Distribution or copying of this document is strictly prohibited. Page 95 of 270 ® DCR Engineering Page 2 of 2 SERVICES Inc. September 29, 2015 OVERVIEW Globaltech has requested a proposal for electrical engineering support for the City of Boynton Beach expansion project. BASIS OF PROPOSAL Time and material based on $95.00 per hour for "Electrical Engineering" support with documented support task outline. This task order will not exceed $8000.00 without review and approval by both parties, DCR Engineering Services and Globaltech Inc. SCHEDULE Upon receipt of a purchase order or authorization to proceed, DcR Engineering Services, Inc. will provide the client with engineering support services for the duration of the East Plant expansion project. Project Start Date: 1. When Purchase Order is received. QUALIFICATIONS 1. DCR will man load this project for maximum success. We have not included ramp up and ramp down time for the staff due to extended delays by Client. DcR Engineering Services, Inc. is not responsible for engineering by others. EXCLUSIONS 1. Sales and Use Taxes. PRICING DcR will perform the services described above for $95.00 per hour based on the rate sheet submitted September 18, 2015, it is not anticipated the other area disciplines will be involved based on the knowledge of the project and conversations with the City of Boynton Beach. TERMS AND CONDITIONS 1. Payment terms are Net 30 days from date of invoice. 2. Invoicing will be (weekly) based on the approved task for a given week. 3. The services to be performed by DcR Engineering Services, Inc. under this agreement are intended solely for the benefit of Client. Nothing contained herein shall confer any rights upon or create any duties on the part of DcR Engineering Services, Inc. or any officer, director, or employee of DcR Engineering Services, Inc. toward any person or persons limited to any contractor, supplier, or the agents, officers, employees, insures, or sureties of them. This proposal contains intellectual property of DcR Engineering Services, Inc. All ideas, designs, arrangements, and financial projections are intended only for the use of Client. All information is to be considered privileged and/or confidential. Distribution or copying of this document is strictly prohibited. Page 96 of 270 7.A. BIDS AND PURCHASES OVER $100,000 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-149 -Authorize the City Manager to sign two (2) Task Orders with CH2M, Task Order R13-063-08 in the amount of $166,834,58 for the purpose of evaluating groundwater conditions and Task Order R13-063-09 in the amount of $47,126.26 for the design and oversight of landfill cover repair. These task orders are in accordance with the City's "Hydrogeological Consulting Services Agreement" extension that was approved by the Commission on August 8, 2015. EXPLANATION OF REQUEST: The City of Boynton Beach began operating a landfill, located in unincorporated Palm Beach County east of the Boynton Beach Municipal Golf Course, in 1958. Formerly, the landfill property was owned by Palm Beach County and served as a sand borrow pit. The landfill was utilized for disposing City generated municipal waste and served as a drop off location for residents until the late 1970's . The landfill remained open for landscape waste until 1984. Beginning in 1988, through appropriate permitting with the Health Department, the sought City to obtain approved closure of the landfill. This will ultimately granted in 1992. These actions included installation of a liner and new cover. The closure in 1992 required an additional 20 years monitoring of sub- surface ground water conditions. In order to endeavor to achieve final landfill closure and eliminate monitoring activities, the City must complete two critical steps. Each step requires use of professional engineering and hydrogeological services. CH2M has been performing groundwater monitoring as part of the Hydrogeological Services contract dated August 19, 2013 thus is highly qualified to complete this work. Discussion of the two task orders is as follows: Task Order R13-063-08 - $166.834.58 This work contemplates continued evaluation of groundwater conditions with an emphasis on identification of the source of arsenic. Groundwater data gathered since 2006 suggests that arsenic is likely not generated by the landfill and CH2M has hypothesized that the arsenic may be naturally occurring in this area. The Health Department has agreed this may be possible but additional hydrogeological data is necessary to prove this theorem. Therefore this task order contemplates drilling monitoring wells on the City Golf Course and the associated hydrogeological analysis of the movement of arsenic underground. Task Order R13-063-09 This task order provides professional design and oversight services for the creation of bid documents to repair the landfill cover according to Health Department Standards. This task requires expertise that is not vested in City staff. Landfill repair will follow in spring 2016 under a separate construction contract. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Both task orders will move the City towards ultimate close out of landfill monitoring requirements in the future. FISCAL IMPACT. Budgeted Each of these items are budgeted in the Solid Waste Operating Budget, line item 431-2515-534-49-17. Landfill Monitoring = $165,000 Landfill Cap Repair = $160,000 Page 97 of 270 Note that funds remain for construction services on the landfill cap repair. ALTERNATIVES: Take no action and risk non-compliance with the Health Department. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Resolution D Addendum D Addendum D Addendum REVIEWERS: Department Public Works -Engineering Finance Legal Finance City Manager Description Resolution approving hivo landfill Task Orders with CH2KA Aerial Plan R1 3-063-08 R1 3-063-09 Reviewer Action Date Livergood, Jeffrey Approved 11/20/2015 - 8:46 AM Howard, Tim Approved 11/20/2015 - 12:02 PPA Swanson, Lynn Approved 11/24/2015 - 10:31 AM Howard, Tim Approved 11/24/2015 - 12:40 PPA LaVerriere, Lori Approved 11/24/2015 - 2:39 PPA Page 98 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING TWO TASK ORDERS WITH C112M FOR THE PURPOSE OF EVALUATING GROUNDWATER CONDITIONS, TASK ORDER R13-063-08 AND FOR THE DESIGN AND OVERSIGHT OF LANDFILL COVER REPAIR, TASK ORDER R13-063-09, BOTH OF WHICH ARE IN ACCORDANCE WITH THE CITY'S HYDROGEOLOGICAL CONSULTING SERVICES AGREEMENT EXTENSION THAT WAS APPROVED BY THE CITY COMMISSION; AUTHORIZING THE CITY MANAGER TO SIGN THE TASK ORDERS ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Task Order R13-063-08, in the amount of $166,834.58, contemplates continued evaluation of ground water conditions with an emphasis on identification of the source of arsenic; and WHEREAS, Task Order R13-063-09 in the amount of $47,126.26 provides professional design and oversight services for the creation of bid documents to repair the landfill cover according to Health Department Standards; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve Task Orders R13-063-08 in the amount of $166,834.58 and Task Order R13-063-09 in the amount of $47,126.26, both with CH2M regarding the landfill. 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 approves Task Order R13-063-08 in the CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\A83EACAC-5376-44A4-A2A5-07E8BF5CADB3\Boynton Beach. 2251.1.Task_Orders = _CH2M= Landfill - Reso.doc Page 99 of 270 32 amount of $166,834.58 and Task Order R13-063-09 in the amount of $47,126.26, both with 33 CH2M regarding the landfill and authorizes the City Manager to sign the Task Orders, 34 copies of which are attached hereto as Exhibits "A." and "B" 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\A83EACAC-5376-44A4-A2A5-07E8BF5CADB3\Boynton Beach. 2251.1.Task_Orders = _CH2M= Landfill - Reso.doc Page 100 of 270 Task Order No. R13-063-08 Professional Hydrogeologic Services for Investigating the Origin of Arsenic in Groundwater at the City of Boynton Beach Landfill, Palm Beach County Health Department Permit 124522- 005 -SF A. Background Since 2006 groundwater sampled semiannually at monitoring wells surrounding the City of Boynton Beach (City) Municipal Landfill (BBLF) has displayed concentrations of arsenic exceeding the Florida Department of Environmental Protection's (FDEP) Groundwater Cleanup Target Level (GCTLs) of 10 micrograms per liter (µg/Q. Over the monitoring period, the highest concentrations were observed in MW -12, reaching a maxima of 311 µg/L in October 2007. Under FDEP Solid Waste Permit No. 124522 -005 -SF, BBLF completed a 20 -year period of post closure monitoring in February 2012, followed by multiple extensions, which include ongoing semiannual sampling events. As specified under Florida Administrative Code (FAC) Chapters 62-701 and 403, following post -closure monitoring, if concentrations of water quality constituents remain above the GCTLs, FDEP may require the facility to undergo compliance evaluation and corrective action measures. These measures can involve expensive, long term actions including the remediation of groundwater, until constituent concentrations meet GCTLs. However, a groundwater study funded by the City at the adjacent (west) Links at Boynton Beach golf course in 2012 revealed similar results to BBLF, with concentrations of arsenic in groundwater exceeding GCTL's at six of 12 monitoring wells involved in the study. Moreover, concentrations in monitoring wells from the golf course exceeded the historic maxima at the BBLF by over one order of magnitude. Similarly, an investigation of arsenic in groundwater samples from local (supply and monitoring) wells contained in the National Water Institute System (NWIS) and DBHYDRO databases maintained by the United States Geological Survey (USGS) and South Florida Water Management District, respectively, revealed multiple wells exhibiting arsenic concentrations exceeding the GCTL. Maximum concentrations obtained from the databases reached 207 ug/L, at a well less than five miles east of BBLF. Constituents analyzed in characterizing the geochemistry of the shallow groundwater at the golf course, and the NWIS and DBHYDRO databases suggests conditions are favorable to the reductive dissolution of iron, a major contributor to elevated arsenic concentrations in groundwater worldwide. Arsenic occurs naturally in groundwater from shallow aquifers, comprised of recent sediments, in large regions of Bangladesh, West Bengal, Taiwan, and Cambodia, along with areas of the United States (northern New York, New Hampshire, Wisconsin, Minnesota, and California). A natural origin for arsenic in groundwater holds important implications for post -closure activities at BBLF, particularly regarding potential future remedial measures required of the City. Page 102 of 270 The appearance of elevated concentrations at BBLF, the gold course, and the surrounding area (NWIS and DBHYDRO databases) implies a more wide-ranging natural cause for arsenic in groundwater than potential anthropogenic causes at BBLF. To test this hypothesis, in late 2013 the City funded development of a sampling plan designed to characterize geochemical conditions in groundwater at BBLF and their contribution to the natural occurrence of arsenic. The Palm Beach County Board of Health (PBCBH) and Florida Department of Environmental Protection (FDEP) reviewed and endorsed the sampling plan with minimal comment. This proposal describes the scope of work, costs, and schedule for CH2M to execute the field investigation outlined in the sampling plan. Comprising four quarters of groundwater sampling, the investigation will follow the FDEP's Guidance for Comparing Background and Site Chemical Concentrations in Groundwater (Guidance), in demonstrating that elevated arsenic in groundwater represents an ambient condition in the Surficial Aquifer. The investigation will also focus on the geochemical origins of arsenic in groundwater. The original sampling plan submitted to PBCHD in September 2013 described 12 monitoring wells including the eight monitoring wells from BBLF, and four (MW -2 through 4, and MW -8) from the golf course. As part of the BBLF study, the four monitoring wells from the golf course complied with FDEP's Guidance for Comparing Background and Site Chemical Concentrations in Groundwater, which requires three monitoring wells located hydraulically up or side gradient from the subject facility and intended to monitor ambient water quality in the subject aquifer. Water quality from the ambient wells are combined in statistical analyses with analytical data from wells at the facility. The fourth well provides an additional point for characterizing ambient water quality, or an alternative to one of the other three wells for applying the analyses. The golf course monitoring wells involved in the 2012 study were abandoned, including the wells selected for BBLF's arsenic study, during summer 2014. Although conducting the study without the wells from the golf course can still reliably determine the geochemical origin of arsenic, the study will not fit into a regulatory framework that supports proclaiming a natural origin for arsenic, and reducing the City's future obligations. Accordingly, to meet the requirements of FDEP's guidance, CH2M will install four replacement monitoring wells at the golf course within 5 to 10 feet of the former locations of MW -2 through 4, and MW -8. B. Scope of Services CH2M's scope of work will consist of the following five tasks: Task 1- Prepare for Drilling and Sampling Events Task 2- Install Monitoring Wells at the golf course Task 3 -Conduct Quarterly Sampling Events Task 4 -Data Reduction and Analysis Task 5 -Prepare Investigation Report Task 6- Regulatory Support Page 103 of 270 Task 1 Prepare for Drilling and Sampling Events Task 1 will entail preparing personnel and equipment for the four quarters of sampling at BBLF. This effort will involve the following activities: • Conducting a site visit to BBLF and the golf course • Locating monitoring wells at the golf course • Obtaining pricing and subcontracting a laboratory licensed in Florida • Obtaining pricing and subcontracting a drilling contractor licensed in Florida • Procuring sampling equipment • Obtaining instrumentation to measure important field chemistry parameters • Obtaining access to locations on the golf course Properly preparing for installing four monitoring wells and the quarterly sampling investigation will ensure that field efforts will proceed with minimal concerns, or problems. Conducting a site visit will prove important in siting the replacement monitoring wells, identifying methods to measure synoptic water levels, efficiently sampling monitoring wells at both sites, and disposing of purge water. Task 2 Install Monitoring Wells at the Links at Boynton Beach Golf Course After subcontracting a qualified drilling firm, CH21VI personnel will supervise the installation of the four new monitoring wells adjacent to the former locations of MW -2, MW -3, MW -4, and MW -8 at the golf course, re -designating the well numbering as MW -2R, MW -3R, MW -4R, and MW -8R. Wel depths and screen lengths will reproduce the elevations and dimensions of the original wells, respectively. Qualified CH21VI staff will describe the lithology of samples recovered during drilling, and supervise construction of the monitoring wells. A critical element of a groundwater monitoring program will entail collecting samples free of sediment and turbidity. Accordingly, the driller contractor will execute an aggressive mechanical development effort involving both swabbing and pumping techniques. CH21VI personnel will oversee development of each monitoring well. Obtaining the most representative samples may require developing a single monitoring well for one to two days. CH21VI will prepare a memorandum describing the drilling, monitoring well installation and development activities. The memorandum will contain boring logs with lithological descriptions, monitoring well construction diagrams, and development forms. Task 3 Conduct Quarterly Sampling Events Under Task 2, CH21VI will conduct four quarters of groundwater sampling over a 12 -month period. CH21VI will collect samples from the eight remaining monitoring wells at BBLF, and MW -2, MW -3, MW -4, and MW -8 at the golf course (Table 1). These quarterly sampling events will supplant the post -closure monitoring sampling over the 12 -months of this study. In addition to the 12 groundwater samples, CH21VI personnel will collect one field duplicate, a matrix spike/matrix spike duplicate (MS/MSD) and one equipment blank during each of the four quarterly events. The MS/MSD will get collected at the same monitoring well as the field duplicate. Prior to each sampling event, personnel will collect one equipment blank by passing distilled water through the tubing used with the peristaltic pump to purge the monitoring wells. Page 104 of 270 In following FDEP's Guidance for Comparing Background and Site Chemical Concentrations in Groundwater, the field investigation will incorporate a minimum of three background monitoring wells set in the Surficial Aquifer located side or up -gradient from BBLF, quarterly samples collected over one year, along with simple and statistical evaluation of site and background data. A Florida -certified laboratory will analyze all samples for total arsenic and dissolved arsenic over each of the four quarters. Samples collected during the first and fourth quarters, will get analyzed for a comprehensive list of water quality parameters, with a smaller list of analytes for the second and third quarters (Tables 2 and 3). CH2M will purge the wells according to most recent version of the FDEP Standard Operating Procedure (DEP-SOP 001/01), dated March 2008. The crews will discharge purge water onto the ground surface topographically downgradient of each monitoring well. Sampling crews will measure and record important water quality parameters on the field parameter data sheets. These parameters will include temperature, pH, conductivity, DO, oxidation-reduction potential (ORP), sulfate, sulfide, total iron, ferrous iron, manganese, alkalinity, and turbidity. Moreover, the sample crews will measure the depth -to -water to water at each well over the four quarterly sampling events. The surface water stations at SW -E-3 and SW -L-20 will remain in service for obtaining surface water elevations. Page 105 of 270 TABLE 1 Summary of Monitorine Wells Used for the Stud BBLF Links at Boynton Beach Golf Course MW -12 MW -2 R MW -15 MW -3 R MW -18 MW -4 R MW -19 MW -8 R MW -A-3 MW -B-3 NTU MW -C-3 Field Sulfate MW -D-3 250 TABLE 2 Summary of Field and Laboratory Water Quality Test Results — Quarters 1 and 4 Sample ID Constituent Units Federal Drinking Water Standards pH Eh (corrected) standard units my 6.5-8.5 Specific Conductivity emhos Dissolved Oxygen mg/L. Temperature °C Turbidity NTU Field Sulfate mg/L. 250 Field Iron (ferrous) mg/L. 0.3 Field Iron (total) mg/L. 0.3 Field Manganese mg/L. 0.05 Field Alkalinity mg/L. Field Sulfide mg/L. Aluminum dissolved mg/L. 0.2 Aluminum total mg/L. 0.2 Arsenic dissolved mg/L. 0.005 Arsenic total mg/L. 0.005 Iron (dissolved) mg/L. 0.3 Iron (total) mg/L. 0.3 Manganese dissolved mg/L. 0.05 Manganese total mg/L. 0.05 Magnesium total mg/L. 5 Page 106 of 270 TABLE 2 Summary of Field and Laboratory Water Quality Test Results — Quarters 1 and 4 Sample ID Constituent Units Federal Drinking Water Standards Potassium total mg/L. Sodium total mg/L. 50 Calcium total mg/L. Sulfate mg/L. 250 Chloride mg/L. 250 Alkalinity mg/L. 250 Ortho -Phosphate mg/L. 0.3 Total Phosphorous mg/L. 0.3 Nitrate as N mg/L. 10 Total Kjeldahl Nitrogen mg/L. Ammonia mg/L. Fluoride mg/L. 2.0 Silica mg/L. Total organic carbon mg/L. Total dissolved solids mg/L. 500 Total suspended solids mg/L. Hardness mg/L. TABLE 3 Summary of Field and Laboratory Water Quality Test Results — Quarters 2 and 3 Sample ID Constituent Units Federal Drinking Water Standards pH standard units 6.5-8.5 Eh (corrected) my Specific Conductivity emhos Dissolved Oxygen mg/L. Temperature °C Turbidity NTU Field Sulfate mg/L. 250 Field Iron (ferrous) mg/L. 0.3 Field Iron (total) mg/L. 0.3 Field Manganese mg/L. 0.05 Field Alkalinity mg/L. Field Sulfide mg/L. 6 Page 107 of 270 TABLE 3 Summary of Field and Laboratory Water Quality Test Results — Quarters 2 and 3 Sample ID Constituent Units Federal Drinking Water Standards Arsenic dissolved mg/L 0.005 Arsenic total mg/L 0.005 Task 4 Data Reduction and Analysis Characterizing the results of the field investigation data from Task 2 represents an important step in determining the origin of arsenic in groundwater at BBLF. Accordingly, Task 3 will entail evaluating hydrologic results, statistical analyses following FDEP's guidance, geochemical evaluations of redox conditions, potential arsenic bearing minerals, and mechanisms for arsenic release. Analysis of hydrologic results will comprise characterizing groundwater flow directions, and hydraulic gradients for individual sampling events, along with the changing potentiometric surfaces over the four events. Most importantly, CH2M will describe the hydrologic relationship between the BBLF and the golf course to document that the upgradient monitoring wells remain the same for each event. Upon receipt of sample results from the laboratory, CH2M's project chemist will validate the data to verify that proper field, sample management, and laboratory protocols were followed. After validation, evaluation of the water quality data will involve applying deterministic statistics (mean, mode, median, standard deviation, etc.), and other tests to better understand temporal trends in selected parameters. In following FDEP's Guidance, project personnel will review laboratory data for arsenic using the "Simple Approach for Comparing Site and Background Data" along with a statistical approach like the student — t test, or the Mann-Whitney Test. Both techniques can test the null hypothesis when comparing two populations. As data from the golf course, NWIS, and DBHYDRO suggests elevated arsenic is related to the reductive dissolution of iron, CH2M will apply several analytical techniques to evaluate redox conditions at BBLF. In addition to field measurements of the oxidation-reduction potential (ORP), CH2M will employ a method developed by Stuyfzand (1993) and the Redox -Assignment program (McMahon et Al, 2009) in identifying the prevalent redox processes. CH2M may evaluate release mechanisms for arsenic (ex: sulfide oxidation, reductive dissolution of iron, competitive adsorption, desorption with elevating pH, etc.) using thermodynamic equilibrium models like PHREEQC (Parkhurst, 1994), or MINTEQA2 (Allison, 1991). By calibrating the models to conditions at BBLF, CH2M can run simulations that predict how arsenic concentrations respond to varying geochemical conditions. As an example, the redox chemistry of groundwater can vary with seasonal changes in recharge and water table elevations, causing arsenic concentrations to fluctuate. Calibrating a model like PHREEQC to site conditions allows predicting a range of arsenic concentrations with time. CH2M will test the sensitivity of the modeled solution to changes in critical input parameters. Using this approach, sensitivity testing will quantitatively assess the uncertainty of the modeled solution. Page 108 of 270 Task 5 Prepare Investigation Report CH2M will prepare a draft groundwater investigation report following collection of the fourth quarterly round of sampling. The report will contain the results of synoptic surveys, water quality sampling, a geochemical evaluation, modeling, and recommendations for future activities. CH2M will submit one electronic and five hard copies of the report to the City for review by the staff of the engineering department, Palm Beach County Health Department (PBCHD) and FDEP. We will incorporate comments into a final version of the report, and submit one electronic, and five hard copies to the City. Task 6 Regulatory Support Under Task 5, CH2M will provide the City with regulatory support as required during this project. For costing purposes, we assume CH2M will perform the following activities during Task 5: • One telephone conference (2 hours) with regulators from PBCHD and/or FDEP prior to initiating field work. • Preparing a memorandum following each sampling event (4 memoranda), containing tabulated field and laboratory chemistry data. • Responding to requests for information (5), or questions from PBCHD and FDEP during the 12 -month sampling interval. • Conducting a meeting (1) with the City, PBCHD, and FDEP following the field investigation to report tentative sampling results. • Responding to comments on the Draft Investigation Report from Palm Beach County and FDEP. • Negotiating with regulators from PBCHD and FDEP on final closure activities at BBLF Should sampling turn out as expected, the crucial important element of Task 5 will involve convincing PBCHD and FDEP that arsenic in groundwater at BBLF originates from naturally -occurring causes, and accordingly, no active remedial measures are required. C. Assumptions This estimated cost is based on the following assumptions: • The CITY will assist CH2M personnel in gaining access to drilling locations for MW -2R, MW - 3R, MW -4R and MW -8R and then the completed monitoring wells for sampling. • CH2M personnel will conduct all field sampling activities. • CH2M will subcontract a drilling contractor licensed in the state of Florida to drill and install the monitoring wells. • CH2M will subcontract a laboratory certified in the state of Florida to analyze four quarters of sampling. • CH2M will manage and verify validity of analytical data. Page 109 of 270 CH2M will prepare a brief memorandum after installing the monitoring wells describing drilling, installation, and development activities. The memorandum will include boring logs, monitoring well construction diagrams, and development forms. • CH2M will prepare a brief memorandum following each quarterly sampling event including a summary table of water quality, Florida Drinking Water Standards and exceedances; CH2M will supply an electronic copy, along with five hard copies of the draft and final to the CITY for delivery to PBCHD; D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement titled Hydrogeological Consulting Services, dated August 19, 2013, between the CITY of Boynton Beach and CH2M HILL Engineers, Inc. E. Compensation Compensation by the CITY to the CONSULTANT will be on a time and materials basis in accordance with the above-mentioned Agreement. The estimated compensation for the services described in this Task Order is $ 166,834.58 as shown in Table 1. This fee includes a contingency allowance which may be used with the approval of the CITY Public Works Director for additional costs associated with this Task Order. Page 110 of 270 Table 4 Task Prepare for Drilling and Sampling Monitoring Well Installation Quarterly Sampling Data Reduction Report Preparation Personnel Rate Hours Total Office 86 6 $516.00 Junior Engineer 90 28 $ 2,520.00 Engineer 120 40 $ 4,800.00 Project Manager 138 12 $ 1,656.00 Senior Technologist 192 10 $ 1,920.00 Expenses $ 709.20 Office 86 4 $ 344.00 Junior Engineer 90 $ - Engineer 120 120 $ 14,400.00 Project Manager 138 16 $ 2,208.00 Senior Technologist 192 24 $ 4,608.00 Expenses $ 16,527.60 Office 86 8 $ 688.00 Junior Engineer 90 120 $ 10,800.00 Engineer 120 120 $ 14,400.00 Project Manager 138 24 $ 3,312.00 Senior Technologist 192 12 $ 2,304.00 Expenses $ 32,013.80 Office 86 0 $ - Junior Engineer 90 48 $ 4,320.00 Engineer 120 8 $ 960.00 Project Manager 138 16 $ 2,208.00 Senior Technologist 192 32 $ 6,144.00 Expenses $ 236.80 Office 86 8 $ 688.00 Junior Engineer 90 0 $ - Engineer 120 16 $ 1,920.00 Project Manager 138 16 $ 2,208.00 Senior Technologist 192 40 $ 7,680.00 Expenses $ 346.00 10 Page 111 of 270 Regulatory Support Office 86 8 $ 688.00 Junior Engineer 90 0 $ - Engineer 120 32 $ 4,840.00 Project Manager 138 24 $ 3,312.00 Senior Technologist 192 16 $ 3,072.00 Expenses $ 318.40 Subtotal 840 $ 151,667.80 Contingency 10% of Subtotal $ 15,166.78 Total $ 166,834.58 F. Schedule CH2M will initiate the drilling and well installation activities within six weeks of receiving a Notice to Proceed from the City. CH2M will conduct the first quarterly sampling event two weeks after developing the monitoring wells. We will submit a memorandum to the City containing field and laboratory chemistry results six weeks after each quarterly sampling event. CH2M will submit a draft report to the City eight weeks following the fourth quarterly sampling event, and the final report two weeks after receiving comments from PBCHD, FDEP, and the City. 11 Page 112 of 270 G. Authorization APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Dated this _ day of 2015. SUBMITTED BY: CH21VI HILL Engineers, Inc. By: Katus Watson, PE Vice President, Florida Geographic Manager Dated this _ day of 12015. 12 Page 113 of 270 Task Order No. R13-063-09 Boynton Beach Landfill Post -Closure Maintenance Assistance A. Background Since 2010 CH21VI HILL Engineers, Inc. (CH2M) has assisted the City of Boynton Beach (City) with the preparation and certification of semi-annual groundwater sampling reports for the City's Class I landfill (Landfill) in accordance with the Palm Beach County Health Department (PBCHD) Permit Number 124522 -005 -SF for post -closure monitoring. Additionally, CH21VI helped the City develop a groundwater investigation program, accepted by the PBCHD, designed to evaluate a decision to cease long-term groundwater monitoring. The hydrogeologic investigation is expected to take place during Fiscal Year 2015/16; this investigation is not considered as part of this scope of work. Concurrently, CH21VI's proposed scope of work in this proposal is aligned with the City's goal to meet regulatory guidelines by repairing sections of final cover damaged by erosion during the long-term care period of the City's Landfill. The professional services consist of the following activities, which are detailed in the Scope of Work: • CH21VI will conduct a brief site visit to review the findings of the September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. • CH21VI will convene a teleconference with Florida Department of Environmental Protection (FDEP) officials to confirm the process and requirements to obtain regulatory approval for required remedial actions prior to the City procuring a qualified contractor and commencing repairs to the final cover system;CH2M will facilitate a teleconference with the City and the Lake Worth Drainage District (LWDD) to discuss procurement of access approval and to memorialize any LWDD permit or restoration requirements in the procurement package prepared by the City; • CH21VI will prepare a written corrective action plan (CAP) as required by Question 3.4 in the September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. It is assumed that the design criteria package including a grading plan will serve as the basis for the CAP, which will be submitted to FDEP by the City. • CH21VI will prepare a design criteria package, which will be included in the procurement package prepared by the City; • CH21VI will prepare an opinion of probable construction cost based upon estimated quantities. The estimate will include mobilization / demobilization, granular fill, topsoil, and sod or seed covering; • CH21VI will serve as a technical resource during the bid review process; and • CH21VI will provide limited services during construction including submittal reviews and field observation necessary to prepare the certification of construction completion documentation at the conclusion of the project for submission to FDEP. PAGE 1 OF 7 Page 114 of 270 B. Scope of Services The scope of services included in this authorization are as follows: Task 1—Site Visit and Teleconference with FDEP CH2M will conduct a brief site visit with City staff to review the findings of the September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. CH2M will then facilitate a teleconference with the City and FDEP to confirm the requirements to obtain regulatory approval for required remedial actions prior to commencing repairs to the final cover system. CH2M will prepare a meeting agenda for distribution and discussion with attendees. The teleconference is expected to last up to two (2) hours. Following the meeting, CH2M will prepare a draft meeting summary, identifying critical discussion points for review and comment by all participants. For budgetary purposes, it is assumed the Principal, Senior Project Manager and Project Manager will participate in the teleconference on behalf of CH2M. Deliverables - Agenda, electronic - Draft and Final Meeting Summary (draft for review by all) Task 2 —Teleconference with LWDD CH2M will facilitate and participate in a teleconference with the City and LWDD representatives to negotiate access approval to the site and address any LWDD requirements in the procurement package prepared by the City. For budgetary purposes, it is assumed the Principal and Senior Project Manager will participate on behalf of CH2M. Deliverables - Agenda, electronic - Draft and Final Meeting Summary (draft for review by all) Task 3 — Produce Bid Package and Bid Form CH2M will prepare a written corrective action plan that will serve as the basis for the bid package that includes construction drawings, technical construction specifications, a site plan that delineates the work limits and a grading plan. The bid package will be incorporated into the procurement package prepared by the City. It should be noted that CH2M will need to obtain current topographic information from the City to prepare preliminary design drawings. It is assumed that the City will engage a qualified surveying firm to perform a pre -construction survey. CH2M will provide technical assistance to the City to develop the scope of work for the selected surveying firm. Using the pre -construction survey, CH2M will develop plans for construction of the final cover of portions where erosion damage has occurred and will include standard erosion control drawings or FDOT call outs (e.g., silt fence, hay bales) where needed. PAGE 2OF7 Page 115 of 270 CH2M will prepare and submit a draft bid package for the City's review and comment. For budgetary purposes, it is assumed that the Senior Project Manager and Project Manager will participate in a teleconference with the City following the draft submittal to discuss written comments received from the City and respond to questions. The City is requested to provide one set of consolidated written comments prior to the teleconference. CH2M will respond to the City's comments to finalize the bid package that will be incorporated into the procurement package prepared by the City. Once the bid package has been approved by the City, CH2M will provide electronic files. CH2M will prepare a bid form in MS -Word format for inclusion in the City's front-end documents. Deliverables — Draft and final corrective action plan. — Draft and final bid package. — Bid Form. Task 4 — Prepare an Opinion of Probable Construction Cost CH2M will prepare an opinion of probable construction cost based upon estimated quantities. The estimate will include mobilization/demobilization, granular fill, topsoil, and sod or seed covering. Bid quantities will be based upon either LS, CY or SY as appropriate. CH2M will perform a quantity take -off based on the best available information, including the most recent FDEP Inspection Report. Deliverable - Opinion of Probable Construction Cost based upon estimated quantities. Task 5 — Contractor Selection Assistance CH2M will assist the City as a technical resource during the bid evaluation phase. Activities include attending the pre-bid meeting and providing technical input during the evaluation including responding to bidder questions and preparing addenda. Once bids are received, CH2M will review the bids submitted and provide a summary for City consideration prior to contractor selection. CH2M will conduct a teleconference with the City to discuss pro and cons, as well as any outstanding issues related to CH2M's technical review. Deliverables - Attend pre-bid meeting. - Respond to bidder questions and provide technical input to addenda. - Prepare draft and final bid evaluation summary memorandum. PAGE 3OF7 Page 116 of 270 Task 6 — Services During Construction CH2M will provide services during construction including reviewing and responding to up to fifteen (15) contractor submittals including the location of the borrow pit(s) where granular material and topsoil will be obtained. CH2M's field support includes daily observation by one CH2M staff member (4 hours) for 10 days. Following project completion, CH2M will draft, finalize and submit to FDEP an application for certification of construction completion, signed and sealed by a professional engineer, at the completion of this project. A draft of the application for certification of construction completion will be submitted for review and comment by the City. CH2M will adjudicate City comments and finalize the application prior to submission to FDEP. Following submittal to FDEP, CH2M will respond to up to 2 (two) Requests for Additional information within this task order. Upon acceptance by FDEP, the Certification of Construction Completion should be placed in the operating record. Deliverables - Submittal Review Forms - Submittal Tracking Log - Construction Logbook - Draft and final certification of construction completion for submission to FDEP - Response to up to 2 (two) Requests for Additional information C. Assumptions This estimated cost is based on the following assumptions: • Additional meetings with the City, FDEP, PBCHD or the contractor are not included in this scope of services. • The City will be responsible for satisfying any site access requirements negotiated under Task 2. • The City will complete the site survey by December 4, 2015. • The City will be responsible for managing the procurement process and meeting the timelines presented in the Consent Order. • The City will review and provide comments on the draft Bid Package and draft Bid Form within one (1) week of submittal by CH2M. • The City will be responsible for submitting all required documents to the PBCHD as specified in the Consent Order. • CH2M is not responsible for City nor contractor delays that result in penalties specified in the Consent Order. • No subcontractors will be utilized by CH2M during the delivery of the scope included herein. • The City is responsible for continuing the yearly maintenance program implemented for the post closure monitoring period as specified in the Consent Order. • If the duration of the selected Contractor's work is greater than the time assumed in this Task Order or if the City self -performs some of the inspections during construction, the level of effort for the services during construction may be amended. PAGE 4OF7 Page 117 of 270 D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement titled Hydrogeological Consulting Services, dated August 19, 2013, between the City of Boynton Beach and CH2M Hill Engineers, Inc., as amended. E. Compensation Compensation by the City to CH2M will be on a time and materials basis in accordance with the above- mentioned Agreement. The estimated compensation for the services described in this Task Order is $47,126.26 as presented in Table 1. TABLE 1. TASK HOURS RATE TOTAL 1. Site Visit and Teleconference with FDEP Engineer 12 $120.00 $1,440.00 Senior Engineer 2 $155.00 $310.00 Senior Project Manager 4 $208.14 $832.56 Expenses $150.00 SUBTOTAL $2,732.56 2. Teleconference with LWDD Engineer 4 $120.00 $480.00 Senior Engineer 2 $155.00 $310.00 Senior Project Manager 4 $208.14 $832.56 Expenses SUBTOTAL 3. Produce Design Criteria Package and Bid Tab Office 6 Engineer 60 Senior Engineer 10 Senior Project Manager 17 Expenses SUBTOTAL $86.22 $120.00 $155.00 $ 208.14 4. Prepare an Opinion of Probable Construction Cost Engineer 14 $120.00 Senior Engineer 2 $155.00 Senior Project Manager 4 $208.14 Expenses SUBTOTAL 5. Contractor Selection Assistance $0.00 $1,622.56 $517.32 $7,200.00 $1,550.00 $3,538.38 $0.00 $12,805.70 $1,680.00 $310.00 $832.56 $0.00 $2,822.56 PAGE 5OF7 Page 118 of 270 Office 6 $86.22 $517.32 Engineer 16 $120.00 $1,920.00 Senior Engineer 12 $155.00 $1,860.00 Senior Project Manager 16 $208.14 $3,330.24 Expenses SUBTOTAL 6. Services During Construction $100.00 $7,727.56 Office 40 $86.22 $3,448.80 Engineer 80 $120.00 $9,600.00 Senior Engineer 4 $155.00 $620.00 Senior Project Manager 18 $208.14 $3,746.52 Expenses SUBTOTAL TOTAL $2,000.00 $19,415.32 $47,126.26 F. Schedule CH2M estimates that its scope of work will be completed as presented below in Table 1. Every effort will be made to expedite the completion of the tasks. Table 1 Proiect Schedule Activity Target Completion Date Notice to Proceed issued to CH2M December 2, 2015 Site Visit and Teleconference with FDEP December 31, 2015 Teleconference with LWDD January 8, 2016 Draft Bid Package and Bid Form January 29, 2016 Final Bid Package and Bid Form February 12, 2016 Submit an Opinion of Probable Construction Cost February 12, 2016 City Advertises Bid Pursuant to the Consent Order March 4, 2016 Contractor Selection Assistance April 22, 2016 Services During Construction June 24, 2016 PAGE 6OF7 Page 119 of 270 G. Authorization APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Dated this day of November, 2015. SUBMITTED BY: CH2M 4 By. Matthew B. Alvarez, PE Vice President and Area Manager Dated this 6 day of November, 2015 PAGE 7 OF 7 Page 120 of 270 12.A. NEW BUSINESS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Review and action on Annual Performance Evaluation for the City Manager. EXPLANATION OF REQUEST: Pursuant to the City Manager's Appointment Agreement, the Commission will provide the City Manager with a performance evaluation no less than annually. Ms. LaVerriere's last evaluation was on December 15, 2014. Attachments: Performance Evaluation Forms Appointment Agreement and Addenda HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Providing feedback regarding performance allows opportunities to recognize areas of strength and suggested areas of improvement. FISCAL IMPACT. Budgeted In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of the City Manager in such amounts and to the extent the Commission may determine is proper. The Commission may, from time to time, grant the City Manager a performance bonus, provided the bonus is granted in accordance with Florida Statute 214.425. Modification to monetary items within the Agreement may have a resulting financial impact. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Page 121 of 270 Type Description D Addendum Performance Evaluation Forms D Addendum Appointment Letter and Addenda REVIEWERS: Department Reviewer Action Date Human Resources Oldbury, Julie Approved 11/23/2015 - 12:11 PPA Finance Howard, Tim Approved 11/23/2015 - 12:21 PPA City Manager LaVerriere, Lori Approved 11/24/2015 - 8:56 ANA Page 122 of 270 VX FOR: D lillfl(WIXI tot1q; ''OR i; Jibie. DATE: NAME OF EVALUATOR: Ivoig 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. " � PI 0W.'N fril -kTW Rating Scale.- Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, .7.,3,4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: I = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 123 of 270 ]k I 11-119061A 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City WkiiL A-F1,q 0 n U L L74 HI Ito N1 VNIN I off 4.1 a Is I ;-a 'am "Q—FQ1 I ... VA -- - --- ------ i il 1.0 2.0 Unsatisfactory Below Expectatiol a 11 4.0 Meets 11;1�111� I I � } � � 11 • BOOM fWnl Bail 107p,drLmenc-neaus anu WNW t is 7nFrr,-71WfUT7UF Rule Lo IIII Me operational RUM Lies of Mo. City through others? I ® 2.0 3.0 4.0 5.0 to Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: gmwlfi111111111 i,11111111111 F Mi, Iin an oruerly e loes Lne City ihanffw program actillue and systematic way? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 124 of 270 L-Tmlfmg011056101 1 ou-reLainquaiityempioyeesristne City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? 1.0 2.0 10 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS._ 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? COMMENTS: Expectations Expectations 6. Agendas: Does the Manager prepare comprebensive, relevant and complete agenda topics and reports for the City Commission? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 125 of 270 5.0 Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS: Expectations Expectations 6. Agendas: Does the Manager prepare comprebensive, relevant and complete agenda topics and reports for the City Commission? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 125 of 270 COMMENTS: 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? L� + + + + 1.0 2.0 3.o 4.0 P Unsatisfactory Below Satisfactory Meets 7Xceeds Expectations Expectations Expectations COMMENTS: 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her r.o.v(P.1 1.0 2.0 3.0 4.0 S-6 S Unsatisfactory Below Satisfactory Meets Ex e ed s Expectations Expectations Expectations Page 4 of 15 Page 126 of 270 1111111 R111 I I I ij� 1f1111p� 10. Execution of Policy: Does the City Manager understand and comply with the Over policies, laws and philosophy of the City? Do his/her efforts lead towards success'fj Expectations 1.0 2.0 3.0 4.0 so =7 Unsatisfactory Below Satisfactory Meets Exceeds Expectations WZT-74rn COMMENTS: I 12. Imagination - initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? 1.0 2.0 3.0 4.00 5. Unsatisfactory Below Satisfactory Meets t) Exceeds Expectations Expectations Expectations COMMENTS: Page 127 of 270 1.0 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds WZT-74rn COMMENTS: I 12. Imagination - initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? 1.0 2.0 3.0 4.00 5. Unsatisfactory Below Satisfactory Meets t) Exceeds Expectations Expectations Expectations COMMENTS: Page 127 of 270 COMMENTS: - 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? 1.0 2.0 Unsatisfactory Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 10.4 IN 1.411 R 15. Commission Communication: Does the Manager provide the Commission with adequat.- �-Fforwatio-f to waVe decisio-cs? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exic 'ee d s Expectations Expectations Expectations XIIIIIIIOIUYII',*U,Wd��� .............................. - ------------ 67,-Z M -AR Page 128 of 270 16. Written Communication: How effective are the Manager's letters, memoranda and other forws of writte-F, iT1fbrw3ti01? + + + + 1.0 2.0 Unsatisfactory Below Satisfactory is Exceeds Expectations Expectations Expectations COMMENTS: 17. Response to Commission: Does the Manager respond in a positive way to suggestions ars guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelin and i'1 + + + 1.0 2.0 3.0 4.0 -7 s Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:,,—,-- UU04 s, iPja gal "wFuueutreb unliv-pru';,luing an city? U 2.0 Below U 3.0 Satisfactory Page 7 of 15 U 4.0 Meets 2aix-din r' W: Page 129 of 270 19. Economic Development: Does the Manager demonstrate leadership and vision U Lo)romoting the economic development of the City while maintaining concerns for "quality of lifF f.ssues? a a 1.0 Unsatisfactory Be w Expectatiol a L"IYAM 111RI I Font; 81 jale[! Ri W-WORRI 0opt, G 4.0 Meets + + + L� + -", 1.0 2.0 3.0 4.0 <�5 Q) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: ' 4r11171111! 11,11ri 11�� :iii:i�'! ;11�� ��:: I�IF R-MiTo Ms + + 1.0 2.0 3.0 4.0 5.9) Unsatisfactory Below Satisfactory Meets E%x'Zeds Expectations Expectations Expectations COMMENTS: Page 130 of 270 22. Community Reputation: What is the general attitude of the community tothe Manager? T, , h-rgh intetr&y-arvi Ift, asset or liability to the City? I + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 7sTF"F,T-3F-rdm#= = If .nTIURd6el- Z1111C L14, IdLAILMLE CI-01,11".111,CTIRM "CRIMITT""It, agencies and the City? + + + + 1.0 2.0 3.0 4.05.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: �,14 M I Page 131 of 270 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a to divide his/her personal feelings from those which would most effectively convey the City's iTterest? + + + + 1.0 2.0 3.0 4.0 S. V Unsatisfactory Below Satisfactory Meets Exce'eds Expectations Expectations Expectations COMMENTS - arm. 1-7 1 011*1111�111 and participate in seminars and conferences for professional development? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations m®r''117,111I 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 Unsatisfactory 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets I A-111 ININ r. IIIIIIII lei I E Page 132 of 270 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? 1.0 2.0 3.0 4.0 (Z�dds Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations D01113U MI -0 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self-starter? Does the City Manager have good mental and physical stamina? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations 4.0 Meets �'-U/ Exceeds Page 133 of 270 1 + . 1' i / 1 f WINUMMi WYAM making decisions and in his/her general conduct? G 0 2® Unsatisfactory Below Expectations WOMI, w4will's G 1.0 3.0 Satisfactory a 4.0 Meets X I LIMES= 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? + + + 1.0 2.0 3.0 4.0 5. Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: COW= Page 134 of 270 1.0 2.0 3.0 4.0 T Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: - Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praiselcommendation. 141Y X;, C'A "-14 OMEEM Page 135 of 270 W' 4 Page 136 of 270 Evaluator's Printed City Manager's Signature City Manager's Comments: Page 137 of 270 ei Performance Evaluation for the City Manager 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. Ratiga Scale.- Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2,3,4 or 5) orplace an 'X" along with a numerical score o&g"&"T cwle 147e iml, . r r"IvjaW, 'k, � of Milt i" Y77 the pages thatfollow. 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 0 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 138 of 270 111111, pir III Oki FW# 1 4 1 1 1 1 1 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City 019-11;AT-TA I'V MKIM I + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: J VIOLF01 Lne uperaRITHRY actn'tues 151 City through others? I + + + + X + 1.0 2.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations W1 UT P. W R, M.- 7 Mrs Expectations COMMENTS: 10M.,KMI[p Expectations Expectations Page 139 of 270 1.0 2.0 3.0 4.0 S® Unsatisfactory Below Satisfactory Meets Exceeds Expectations COMMENTS: 10M.,KMI[p Expectations Expectations Page 139 of 270 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff I mewber&�L_ ;L- + + + �z 1.0 2.0 3.0 4.0 k". ED Unsatisfactory to Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS - 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the budget? COMMENTS: • Unprdo= 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi and reports for the City Commission? i 1.0 2.o Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS: • Unprdo= 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi and reports for the City Commission? i COMMENTS:_ ... . ................... . ... . .......... . .... Page 140 of 270 1.0 Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS:_ ... . ................... . ... . .......... . .... Page 140 of 270 7. Financial Reporting: Does the Manager provide periodic financial reports in a weg fesigned, informative and understandable fofmat? a a 1.0 2.0 Unsatisfactory Below Expectations U G 5.0 Exceeds LIIC IIIIISL IIIIPHITLdIIL ant td&m IdUng-11 city? + + + + X + 1.0 2.0 3® 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 9. Productivity: Can the Manager be depended on for sustained productive work? Does ti Manager readily assume responsibility? Does the Manager meet time estimates within his/h control? I a 2.0 Below Expectations a 0 4.0 Meets Page 141 of 270 RR=-, 10. Execution of Policy: Does the City Manager understand and comply with the over I.iiolicies, laws and philosophy of the City? Do his/her efforts lead towards successlul + +--------------------------- + + + ® 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds LDT401= Expectations Expectationz . . ........ - ---------------------------------------------------- G G 1.0 2.0 Unsatisfactory Below Expectations 0 3.0 Satisfactory 0 4.0 Meets Expectations Exceeds Expectations 12. Imagination - Initiative: Does the City Manager show originality in approachin6 7,rTAk-1-YrV It i lud7ji the implications of various alternatives? _+ + + + + ® 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations COMMENTS: Expectations Expectations Page 142 of 270 13. Communication: Does the City Manager keep appropriate people informed? Does the City aw 7i I'A YAPMf & 14 VFNM 2ble to be persuasive? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedul Do the reports adequately convey information on the City? i G G 1.0 ZO Unsatisfactory Below Expectations a 3.0 Satisfactory G S.0 Exceeds 15. Commission Communication: Does the Manager provide the Commission with adequa information to make decisions? i ® 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 143 of 270 a WAI R` J! toj 0 11 a 4 G 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: rm 11 3.0 Q- jo 5.0 Satisfactory Meets Exceeds Expectations Expectations guidance from tue LOMMIssione is the rhanager attuned to the Commissions' attitudes, feelings and needs? + + + + IX + ® 2.0 3.0 4® 5.0 Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS - Expectations Expectations + + + ..I- + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations RRIZZ13W Page 144 of 270 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? + + + + + I 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations ------ -1102-1-4-1 1-011f.11 Iz I 1 -1-11 —a Mgm I No ORO 0 WON Lqm 'L1114 1.0 2.0 3.0 4.0 50 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations "! 1 119 1 MIN �11�1� 1� !11� � � 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? 1.0 Unsatisfactory 2.0 Below Expectations 3.0 Satisfactory W s.�� l(W-t1gograquism U 5.0 Exceeds Page 145 of 270 22. Community Reputation: What is the general attitude of the community to the Manager? a3-& ?sset or liability to the City? .0 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 23. Intergovernmental Relations: Does the Manager work effectively with federal, state a s A.9 9 ?gencies and the City? L- + + + 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations COMMENTS. Page 146 of 270 iiiiiiii I . . 1 111 1 1 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rati+nal anftn7,6rsitnal Yieap*int)r;aief+n facts anikyalifle-f 12rinitns? Is b%,- City 1.4ana&e-r a)& to divide his/her personal feelings from those which would most effectively convey the City's interest? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds pm�� 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respected by and participate in seminars and conferences for professional development? + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: WQ-1 0101to + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: E.-MEMM Page 147 of 270 i N1 # . 11 11,10 '1^11 t. .1 H 01 U41M RIM 04 014) Ri 1111!,102 1 flet LIA 10 M11 &KOW11,11 KI Ott) 11-2 Of - I - 0 0 1• VVIM01IMN + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + 1.0 2.0 3.0 4.0 715. V Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 0 -oil na'!:F�ra ininaffre SHMS ULC 1,Ltj' Manager a SMY-7r—=rt-] q1twu Manager have good mental and physical stamina? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS- NUTOMEE� Page 148 of 270 making decisions and in his/her general conduct? i� + + + ---L�+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds 033= COMMENTS: 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the 1 INVINK8111M U111 WIN Min Is 0411W 1 4-0. G U 1.0 2® Unsatisfactory Below Expectations 0 3.0 Satisfactory G 4.0 Meets 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? 1.0 Unsatisfactory 2.0 Below Expectations W.4 , I mam, Page 12 of 15 4.0 Meets Page 149 of 270 6 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? 11 1 Improvements suggested: Based upon your evaluation, what areas wouldyou suggest the City Manager work on to improve his/herskilIs and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for prais%ommendation. �',► Page 150 of 270 Comment Areas 1. What are the manager's most significant accomplishments during the past year? Settling all the union contracts in a timely manner 2. What are the manager's strongest qualities? Leadership thru understanding the situation what areas does the manager need to improve? Recommendations. I would like to see the city manager take more personal time as she puts in an overabundance of time and effort in the performance of her duties 4. Two things the manager does that you would like him/her to continue. Continue to meet with the city commissioners on a weekly biases S. Two things the manager does that you would like him/her to discontinue. N/A W.MHUM Page 151 of 270 6. Two things the Manager does not do you would like him/her to start Would like to see more city commission workshops with department heads for updates of projects and development -TOSIF: . L%s"Ie�V) Evaluator's Printed Name City Manager's Signature City Manager's Comments: Page 152 of 270 f it E OF E"LUALTOR. MIC L k- .,. ANNUALS: The Mayor and each. City Commissioner is req e.Ao l to complete the evaluation form based on IIs/her aeetof:e Cid Manager in ten major areas of responsibilitythat include a total of 32 specific peiforinance measures. An "Overall p e io " rating and ix 6. comment areas are also included, s The e a o and each City Commissioner shall discuss the evaluation individually ith. the City Manager ata I e ° o i an:e Conference. Preliminary scores inay be adjusted as a resuft of the discussion. There is a " orn ent " section below each question for clarification purposes, if necessary. 3m A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the Cit, Commission, l e Metalled rating sleets of the other Commission mem e il.l be provided when e ste . a The performance ormance e a.luation shall be reviewed at a Commission Ineeting at which point the Citi Commission shall consider an increase i the Manager's compensation. INS ct U ,glee E 1� question i followed l a rating scale eaters incl the elected fo rinan cels dica tor(, 2,.,, rplace a n "W" alotkq t4dt ni l o o the ati g scale, lin when ou feel` r tin ll �t � t ��h ��U l�e�y There aro 32 listed perfbrman ce in dicat In the ten rn qior performan ce ca tegoiles, o the pages ttfllwn Unsatisfactory: poop", needs substantial improvement = VERY DISSATISFIED FIE 2 = Below expectations: needs improvement = MARGINAL = Satisfactory- meeting an acceptable table pe for ace level = SATISFIED g ti ge ,coati : very good. = MORE THAN SATISFIED Exceeding expectations: e welle t -- VERY SATISFIED Page 153 of 270 CITYMANAG, i "S TEN MAJOR AREAS OF RESPONSIBILITY L Organizational Management 1. Leadership: Does the City Manager motivate others to maximuln performance? Is t1le City Manager respected as demanding but fir? Is the City Manager providing the necessary assistance to the Board and leadership to the Cit)r's staff and volunteers? Does the City Manager get enthusiasLic response to his/her new ideas and needed organizational changes? a 1.0 2.0 3.0 Unsanti sfxctory Below Satisfactory Expectations —4 7 - O 5.0 Meets Exceeds Expectations )ectatio. Expectations 0 0 a a Lo 10 3.0 4.0 Unsatisfactoi-y Below Satisfactory at Expectations Expectations I Expectations COMMENTS: . ...... ...... ...... .. ____ ....................... ...................... ............................ . - 3. job OrgBaa dwAlon. Does the City Manager delegate responsibility effactivety? Does the City, Manager use his/her time productively7 Does the City Manage.- pr ograrn activities in an orderly and systematic way? Page 154 of 270 4. Staff, Developnient: Does the City Manager appointand train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a tarn'? Does (s)he effectively develop Department Heads and staff mernbers? 5.0 _L)eds 1.0 2.0 73,0 _4.0 5.0 i'f7 "Iry et, s Unsatisfactory Below Satisfactory Meets Expectations Expectations Expectations 0"') M M F Nf"'�Ps� . .... ....... . .. . ... .. . ... .. . ... .. . ... . ....... ......... 111. Fiscal/Businc s Manat, gen"mitt, S. Budget: Is the budget developed in a systematic and effective manner? Is the budg,-et proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactoriiy and control expenses within the levels set in the budgef? 8 1.0 2,0 Unsadsfktory Below Expectations a 3.0 SatisCactory a 4.O Meets Expectations 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for t1te City Commission? + + m + W + 1.0 2,0 3,0 4.0 5.0 Unsatisfactory Below Satisfact ory Meets Excveds Expectations Expectations Expectations C�'O MM E Page 155 of 270 7. Financial Reporfin& lJoesthe Manager provide periodic financial reports in a well- designed, informative and understandable fi-,)rmaV + + + + LO 2.0 Unsatisfactory Below Expectations 3.0 Satisfactory Meets Expectations 5.0 Exceeds Expectations 0 8Managing Multiple PrInAtles. Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing tine CitY7 LO 10 3.0 4.0 5.o / Unsatisfactory Below Satisfactory Meets Rceeds Expectations Expectations Expectations CCDIII MEIN� S: .......................................................... . ........... . . . . ......................... COMMENT& Page 156 of 270 Ill. Program My-wrelopment and Follow-Thn.-juf 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the Ci Do his/her efforts lead towards successful accornplishmentof goals? Does the City Manager measure results against goals and take. corrective action? 1.0 2.0 Unsatisfktory Below Expectations COMMENTS: 0 3.0 4.0 Satisfactory Meets Expectations 11. Program Development Does the Manager translate polices and objectives into specific and effbctive prc,)grarns? Does the Manager independently recognize problems, develop relative f ., formulate. alternate solutions and decide on appropriate recommendations? 1.0 ZO Unsatist story Below Expectations COMMENTS: s k e, -P w, -e s 10 Satisfactmry Expectations L- 12. Imagination - Iniflative: Does the Cit y Manager show originality in approaching problems? Does the tang.Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? 4- 1.0 10 UnsatisfactoTy Below Expectations 3.0 Satisfactory 4.0 Meets Expectations I Page 157 of 270 FV. C',bninixinicaflon � 1MIME I ;n.n.n.n n.n.n.... ..............m,m ....................... ......- ......................v_ .. ........, C 0 NO[ EUns,,, Cummission Communication: Does the Manager provide the Commission witb adequate nformation to make decisions 1.0 Unsatisfactory Below SatisfactoryMeets Exceeds Expectations Expectations Expectations COMM � e ..w..�....................... Page 158 of 270 1& Written Comniuidcadon: How effective are the Manager's I etters, mernoranda and other forms of written inform ation7 I, OMMKNFa R V. Relationship with the MayoAr/Conunission COMINENTR VI. Long Riinge, Planning 18. Sbstteglr, Planning: Does the Manager help develop effective goale, objectives, policies and procedures while providing an annualwork plan that advises of present and future needs of the city? LO 2.0 Unsatisfactory Below Expectations COMMEW 3.0 Satisfadwy 4.0 Meets Expectabons Page 159 of 270 19. Economic Developnient: Does the Manager demonstrate leadership and vision in promoting the econornic dev61opraent of the City while maintaining concerns for "quality of life," issues? 0 a 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectdtions NTS- 1'Lsqs,,L . 9 5.0 / Ots Exceeds Expectations Expectations I ^ do -we k �O d.U. AA tl— C# WSP 20. ti- ear Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? 1.0 2.0 3.0 4.0 0 ins atisfactmy Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: —41 t W1. Relationship with Pub-lic/Public Relations 21. Media Relations: Is the Manager sk-fliffil in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? a I Lo 2.0 Unsatisfactory Below Expectations I I 4.0 5.0 Meets Exceeds Expectations Expectations -icy i COMMENT& 3: -�-,&Cx La s L Page 160 of 270 22. as if Reputation: What is the general attitude ofthe comrnunito the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the Cir�v? + + + + + 1.0 2.0 10 4,0 '0 Unsatisfoctory Below Satisfactory Meet-, x6eeKs- Expectations Expectations Expectations 03 P14, M N Tks: ...................................... . ................ ............. .. . ......................................... . ... VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager w(,-)rk effectively with federal, state, and other local government representatives? Is the relationship with other local govern ment officials beneficial to the City? Is the City Manager able to fkifitaite cooperative efforts among various local agencies and the City? +g fac 1.0 2.0 3.0 4.0 F 0 Unsatistory Below ti far Meets tory eets Etei" S Expectations Expectations Expectations COMMENTS. L%.O vi ,44 a -4-44vc . ... ........................ — Page 9 of 15 Page 161 of 270 IX Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpointbased on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? + + + + + Lo 2�O 3.0) 4.0 5.0 .1tisfa 't.ory 't's XCt Unsatisfactory Below Satisfactory t's Exceeds Expectations Expectations Expectations COMMEN"fa --ser.ot ,�-p ........................... t . . ...... 25. Professional Reputation: How does the Mana ger stand amo ng his/her colleagues? Does the City Man -ager deal effectively writ -b other public managers' , Is the City Manager respected by professional and staff representatives of other citilies and counties' ,Does the City Manager attend and participate in seminars and conferences f- r° professional developi-nent? + 4- + + -%/- + Unsalt,fa ctory Below Sall-list"'actory Meets Exceeds Expectations E',xpectations Expectations COMMENTS: 'a ............ . ..... Jazrtl t'a. K - 26. Stress Management: Is the Manai ger able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond -well, to stressful situations and adequatelydeaf with the stress inherent to the position? 1.0 Unsatisfiactory 3.0 Satisfactory M ............... ---- 4.0 Meets Expet±abons ES MEM01210 Page 162 of 270 X. F"t.-n-soxaml AtI.."ributes 27. LeilTip Style: Doesthe Manager display a leadership style that is firm, but flexible and adaptable, while responding to,individuals or situations in an appropriate, positive manner? + + + + 1.0 LO 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations --- 28. General Attitude: Is the fit: Manag ger enthusiastic? Cooperative? Willing to adapt? Does, the City Manager have an enth uslastic attitude toward the City, both professionally and personally? + + + + 1.0 2.0 3.0 4.0 5.0 Unsatistbuory Below Satisfactory Meets Exceeds Expectations Expematiores Expectations CON! M ENT . .. .. ... . ........ ---------- ------ - — ...................... .................... - """ 29. Drive.: Is the Mart ager energetip. and wilfingto spend thefirne necessmyto do a good job? Does the City M anager have $grood initiative and is the City Manager a self st rt pr? Does the C ity Manager have, good Tri ental and physicall sUamina? + + + + 1.0 2.0 3.0 .0 Urisatisfact-my Below SatisfecWry MeeLs Exceeds Expectations Fxpectations Expectations CORAiMENT Page 11 of 15 Page 163 of 270 30, judgmentand Decisiveness: Is the City Manager El to reach quality decisions in a tirnely fashion7 Are his/her decisions generally good? Does the City Manager exercise good judgmentin making decisions and in his/her general conduct? + + + ++ i - 14C 1.0 2.0 10 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds ia] 1'11,4 INYW E Expectations Expectations 3L lntegr4y: Does tlie City Manager properly avoid politics and pardsanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the 1CMA Code of Ethics? the City Manager honest and forthright in his/her professional capacities? Does the City Manager Crave a reput ation in the community for honesty and integrity? 1.0 10 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 31 Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himseWherself and take constTuctive criticism? Does the City Manager take responsibility for mistakes -which arefs iO Is the City Manager confident enough to make decisions and take actions as may be recpfired whfia"Ilt undue super vision from the Conarnission? LO 2.0 Unsatisfactorny Below Expectations CO M NfF, 3.0 SatisfectoKy . ....................................... 4.0 Meets Expectations Page 164 of 270 0"VE-HU11.1. PERF01,111NIANCE IMPRESSION. + + 1 . 5.0 0 0 10 U -Ex ce, e d s Unsatisfactory Below satisfi3d,")TY M eets Expectations Expectations Expectal.1011S CONIMENTS� Strengths - Based up o nyo u r o ve ra 11 c va hu a 1, i o n of th e Ci ty tvfrj n uc jet, what areas wouldyou fist as his1her strong points as a manager? a 4-w J�e-a M '113 linprovemerits sup ,Xested: Based uponyour evaluation, as areas wouldyou stCagest the ri'y.Nanqyer or on to improve his1her skihis and to he more ef e ,f ctive in speril ,lic amws or situatinns? ext; 0 A�e_ go p 141 fLea %q *19 'W f P49+ be Conimendatio-tis: Area(s) of performance calfs V for praiselcommendation. otesp&4-e 6DrWWt.w,0&t Ir e - Z'7 7 4 n -t -4a iv 4. bu,Apei Page 165 of 270 ............................ ---- .................. ............................. . . ........... —%....- ..................... ... . ............................ . .. .......... Cormnent Areas .... . . . . . ..................................... . . . . . ... . ....................................................... Wb at are the rrmn ager's nnn st sign, i ficant isl rrie nts ch, N ri �ag thee p - s" ve ar'? v Lt ev .......... . ... ............... . . . . . . . ......... What- are the mar,� age,,r's strongest qua 1, ities," ............... -------------- ................ .............. .......... . ................. . . ............ -------------- . ................... . ........ .......................... . . . . . . . . . . ........................ . .. . .. . . I In what arecis U-te manager zieed to improve" Rectommer'Ambo-nis . . ......... ..... ...... ............. .... . ............................... ...... . ............................................ . . . ................ ....... . . . ....... . .. ....................................................... 4. Two things tl'w manager does that you woudid filke Inkn)/her tr, continue. %,Aro -ie m ain ag- -n- does th a t you '4,v ouk.1 I Ike Inin. /her tc, disco n d', tie. things t! 'e - — ----------------- .. ............ ------------------------------- . . . . . . ...................................... ... . ............. . .......... ..................... ............ i7 T w" 6'i'i-iig' s does not do, you would like, him/her to start. ......................................................................................................................................... ................................................................. Page 14 of 1,5 Page 166 of 270 Evaluator's Performance onferen M ---- --_�-° a.a.a.a. a. ... . . ................................ . . .r�.,��......................m...mn��..................... City .Mm�.Mm,�.� ...�...�.. Date i age es Co me Page 167 of 270 0 Performance Evaluation for the City Manager Ilk, DATE: FOR: 11L4 'I 2L4 NAME OF EVALUATOR.R a 1. The Mayor and each City Commissioner is requested to complete t evaluation form based on his/her assessment of the City Manager in ten maj areas of responsibility that include a total of 32 specific performanci measures. An "Overall Impression" rating and six (6) comment areas are als included. 10 2. The Mayor and each City Commissioner shall discuss the evaluatio individually with the City Manager at a Performance Conference. Prelimina scores may be adjusted as a result of the discussion. There is a "Comment section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manag and provided to the City Commission. (The detailed rating sheets of the oth Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting r' which point the City Commission shall consider an increase in the Manage compensation. q Z Ri 0 IRILItyl Rating Sca Each question isfollowed by a rating scale. Raters may circle the selected performance indicator(l, 2,3,4 1r5) orplace an 'W"along with a numerical & W g"r" q 2 1 r1p fI wFAZRIVU.-T. 3 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 168 of 270 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City IQ SIN MRIP144024f 410 1; jib 1 04 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: Q 3.0 .0 Satisfactory sets Exceeds Expectations Expectations 11jil ir;11111;� 1. uu '-e-igera PaTt r - - =-- t riEfieausilflUSLUIr.=ffL'I-ILJ'r;iiinii)ieLcunLritneoperationaiacrivitiesor City through others? I 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: U 3.04.0 S. Satisfactory Beets Exceeds Expectations Expectations 11111pin11111111 vramtr6t --Tse ME/ ner u Me prou and systematic way? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS- G 3.0 Satisfactory G Qe -V 5.0 ets Exceeds Expectations Expectations Page 169 of 270 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the AgLa�nff f t •�Uq-&Nft City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the budget? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets (—Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi ?nd reports for the City Commission? 1.0 Unsatisfactory 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets 97== Page 170 of 270 COMMENTS:,-. Yacing city? I I 1.0 2.0 Unsatisfactory Below Expectations 3.0 Satisfactory R Exceeds Expectations Expectations 9. Productivity: Can the Manager be depended on for sustained productive work? Does t1a Manager readily assume responsibility? Does the Manager meet time estimates within his/h control? I I 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 5.0 Exceeds t Page 171 of 270 11 10. Execution of Policy: Does the City Manager understand and comply with the over policies, laws and philosophy of the City? Do his/her efforts lead 1► success H H ®0 2.0 Unsatisfactory Below Expectations COMMENTS - G 3.0 Satisfactory V9 4.0 Meets 11 ZOO= 11. Program Development: Does the Manager translate polices and objectives into speci and effective programs? Does the Manager independently recognize problems, develop relati facts, formulate alternate solutions and decide on appropriate recommendations? I 1.0 2.0 3® Unsatisfactory Below Satisfactory Expectations COMMENTS: a �-o J 4.0 5.0 Meets Exceeds Expectations Expectations 12. Imagination - Initiative: Does the City Manager show originality in approachilt J1914 kiTrC? T.? the implications • • alternatives? 2 G 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: U 3.0 Satisfactory + + 4. 5.0 �ts Exceeds Ir--.xpectations Expectations Page 172 of 270 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager yresent his/her thtyg;hts in am-trierly aiTi Ynf trsIr.-j-LIVjWz iinam-tiEr? Is the Citf Mana&r able to be persuasive? + + + + + 1.0 2.0 3.0 S.0 Unsatisfactory Below Satisfactory S Exceeds Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedul Do the reports adequately convey information on the City? I 61 0 1.0 2.0 Unsatisfactory Below Expectations 0 M �16 I � U 5.0 Exceeds W. CIA 15. Commission Communication: Does the Manager provide the Commission with adequa information to make deons? i + + + + 1.0 2.0 3.0 4.0 5.0 So Unsatisfactory Below Satisfactory Meets tV 'e )ds Expectations Expectations Expectations COMMENTS: Page 173 of 270 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations MM 't�e;Ks Exceeds Expectations Exp - i 4 e 17. Response to Commission. Does the Manager respond in a positive way to suggestions aJ1 guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelin ?nd needs? 0 V1. Long Range Planning 18. Strategic PIanning: Does the Manager help develop effective goals, objectives, policies a ?.-f. ?.-utu-pl urork nof nresent and future needs of I] a 1.0 2.0 3.00 5.0 Unsatisfactory Below Satisfactory (��M�s Exceeds NTMI� Page 174 of 270 19. Economic Development: Does the Manager demonstrate leadership and vision issues? + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations IT ts Exceeds F3xpectations Expectations 20, Multi -Year Approach: Is the City Manager helping the City Commission to address t City's future through multi-year planning and appropriate capital budgeting? 1.0 2.0 3.0 Unsatisfactory Below Satisfacto Expectations . I Exceeds Expectations Expectations VIL Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the Cil Manager properly convey the policies and programs of the City? .' j 1.0 2.0 3. Z 0 4.0 —Q Unsatisfactory Below Satisfactory e—e'ds Meets Page 175 of 270 �m I-110111411kv Vie uLy 01 an age r asset or liability to the City? + + + + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations oil I II Im WIN agencies and the City? Exceeds Expectations Expectations Mmllln- Fn 1=1 - 1.0 2.0 3.0 5.0 .0 Unsatisfactory Below Satisfactory '-Irt e-e-t�s Exceeds Expectations Expectations Expectations 0-0mm Page 176 of 270 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rwdtiaal Vase,,f sr. facts aA:i ijyaliXet i]rinitzs? lc.&%e City, Manager a�lc- to divide his/her personal feelings from those which would most effectively convey the City's interest? G 1.0 2.0 Unsatisfactory Below Expectations a 9.� M ri;= WC =��vo =#k prjT;M7lq3uT MUT��q g_1-LWJT4Win6 I and participate in seminars and conferences for professional development? G U 1.0 2.0 Unsatisfactory Below Expectations G 3® Satisfactory G 4.0 Meets a 5.0 Exceeds ►z 4 97,13= 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager + + + + 1.0 2.0 3.a. Unsatisfactory 5.0 .0 Unsatisfactory Below Satisfactory ets Exceeds Expectations Expectations Expectations COMMENTS:_ Page 177 of 270 KIQV�, M WITIEM01=7 � ram] Ole,] 61tywall I va 414.1 111ifig of 1g.11LIBI fig I L'A IR 1� ru F-71LIJ W-ligg r. lite] Slum it - I I$ I I + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory 4Vts Exceeds Expectations Expectations Expectationn COMMENTS: 2i',. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + + 1.0 2.0 3.0 4.0 0 Unsatisfactory Below Satisfactory Meets O'ed)s Expectations Expectations Expectations 11013 101*1 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self-starter? Does the City Manager have good mental and physical stamina? G 2.0 Below COMMENTS: U 3.0 Satisfactory F97*3=795 Ms U 5.0 Exceeds Page 178 of 270 30. judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely vigil &T,68me--ig 11,grialms is I G G 1.0 2.0 Unsatisfactory Below Expectations 0 a 4.0 Meets MMOMPTCOM 31. Integrity. Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? + + + + + 1.0 2.0 3.0 .0.0 Unsatisfactory 0 Unsatisfactory Below Satisfactory Meets eeds Expectations Expectations Expectations COMMENTS: 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? + + + + 1.0 2.0 3.0 4.0 s.o 0 Below Satisfactory Meets /s Unsatisfactory C�x!ee& Expectations Expectations Expectations COMMENTS:, ----------- Page 179 of 270 + + + + J + 1.0 2.0 3.0 4.0 50 Unsatisfactory to Satisfactory Meets Exceeds Expectations Expectations Expectations Strengths: Based upon your overall evaluationofthe City Manager, what areas wouldyou list as his/her 2 st amanr. '4�1117 ? 1 XA�tll, , Aff /pp vV JAIJZ11 Improve nts suggested: Based upon your evaluation, what areas wouldyou suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? 7 1v Commendations: Area(s) of performance calling for praiselcommendation. 01OOM Page 180 of 270 Page 181 of 270 Performance ifor the City Manager Signature Page Signature Evaluator's Printed Name ' 1 1 City Manager's Signature Date City er`sComments: Page 182 of 270 0 Performance Evaluation for the City Manager FOR: DATE: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. 110PIV11111 Rating Scale.- Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, Z 3,4 or 5) or place an "X"along with a numerical u the pages thatfollow.- 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED k= Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIE1 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 183 of 270 G 10 W M"o =="I, F-11 3431,111 WWII, U 1.0 2.0 Unsatisfactory to Expectations 11 :2 4.0 Meets N MEN M V# "I d -HC Lill L411ILF(IIJ We 41p6ratilinal acM.It City through others? + + + + + 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. job Organization: Does the City Manager delegate responsibility effectively? Does the City and systematic way? --t--s jo � 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets E s Expectations Expectations Expectations COMMENTS - 0 -MEM Page 184 of 270 el. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff ronembers? G 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: G, G 4.0 Meets ap-mv-1-giiiwil 0=� 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned- realistic and budget? 9 a 1.0 2.0 Unsatisfactory Below Expectatiol G G 4.0 Meets I 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi and reports for the City Commission? i 1.0 Unsatisfactory 2.0 Below �J 4.0 Meets Page 185 of 270 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 4.0 Satisfactory Meets Expectations ME 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the city? + + + + + 1.0 2.0 Unsatisfactory Below Expectatio 3.0 4.0 Satisfactory Meets Expectations M, 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? + + + + 1.0 2.0 Unsatisfactory Below Expectations 3.0 4.0 Satisfactory Meets Expectations Page 186 of 270 M 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful a 0 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: a a 4.0 Meets I ME= 11. Program Development: Does the Manager translate polices and objectives into specific G 2 1.0 2.0 Unsatisfactory Below Expectations E. S,; 2 a 3.0 4.0 Satisfactory Meets Expectations Imagination - Initiative: Does the City Manager show or the implications of various alternatives? 13 G 1.0 2.0 Unsatisfactory Below Expectations COMMENTS - G 07 -mom" a 1= ty in approaching RYW. 14kcri6w-&A G 5.0 Exceeds Page 187 of 270 COMMENTS: 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedul Do the reports adequately convey information on the City? I 1.0 2.0 Unsatisfactory Below Expectatiol COMMENTS. 3.0 4.0 Satisfactory Meets Expectations I 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? 1.0 2.0 Unsatisfactory Below Expectatiol COMMENTS: 0-00M 4.0 Meets M Page 188 of 270 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 4.0 Satisfactory Meets Expectations M 11 9r, 17. Response to Commission: Does the Manager respond in a positive way to suggestions arm guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelin 2nd needs? i —11 N�l + + + + + 1.0 2.0 Unsatisfactory Below Expectations 4.0 Meets U a = M M. =-9 it: KAMM * proceUL1-e5711111e PWT TailTur-A plarr-cia-L W F1 L d11U city? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 4.0 Satisfactory Meets Expectations M 5P I Page 189 of 270 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? + + + j + 1.0 2.0 Unsatisfactory Below Expectations WCOMIJOHN UI111307741'am 'r . 0 . , I. flamorol MENEM M.. 11TOTM. ITNIM [WETZ.F.1 we] 1-111 oil 0410,11911F, I 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations IONHII Z1,101,Nia- 5.0 Exceeds RA fult&-mu �.Z, Exceeds Fe'u-i VIL Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations X 1173 Yug -;RW 4.0 Meets Page 190 of 270 22. Community Reputation: What is the general attitude of the community to the Manager? Is asset or liability to the City? a U a G 1.0 10 3.0 4.0 Unsatisfactory Below Satisfactory Meets Expectations Expectations COMMENTS- -4001 MW FqF•'�j I I ME= 23. Intergovernmental Relations: Does the Manager work effectivelywith federal, state, a Wenenclal fo UTUI��=MVN-nager a Me fo—fa—cifin-fe—c-ooperative efforts among various loc agencies and the City? G a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS. G 0 3.0 4.0 Satisfactory Meets Expectations Page 191 of 270 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a Mt� I -as a nagef -alj+e to divide his/her personal feelings from those which would most effectively convey the City's i-tterpst? a 0 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: G G 10 4.0 Satisfactory Meets Expectations 5.0 741W a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: a 0 4.0 Meets G U 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: a ra 4.0 Meets PMY# M, Page 192 of 270 r,421,, -TXT# MO. KIM= F491=111!3 RTI mA* F I I 1 171 111GAIM-1 01#31141 IiIisRoll its 11LINHIM Flual 11IF-1453713 lo 0 1 a G 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: H a 3.0 4.0 Satisfactory Meets Expectations 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? G 0 1.0 2.0 Unsatisfactory to Expectations COMMENTS: H U 4.0 Meets Rnit-2W.&I 5.0 Exceeds 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good joll Does the City Manager have good initiative and is the City Manager a self-starter? Does the Ciz Manager have good mental and physical stamina? a 2.0 Below a NO - mull a G 4.0 Meets iF I W741T, Page 193 of 270 C Im 1.0 2.0 Unsatisfactory Below Expectationsr. 8 0 4.0 Meets fff N ff Tg-e F -f u-TftYf MY 73 FV,5P011S1*111L1eS d11U U have a reputation in the community for honesty and integrity? 0 0 1.0 2.0 Unsatisfactory Below Expectations COMMENTS - to G 3.0 4.0 Satisfactory Meets Expectations I I 32. Self -Assurance- Is the Manager self-assured of his/her abilities? Is the City Manager able be honest with himself/herself and take constructive criticism? Does the City Manager ta r.1111R1r1h1(QV Rig 0 1 of 1.0 2,0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: 4.0 Meets A3 #A&, &a + OR 0== Page 194 of 270 a my�l;,41im","Nm��lul,;I�l"*tiloj"ltl-6v!!I.r�", 01,10111 8 to 10 Unsatisfactory Below Expectations COMMENTS - Strengths: strong points as a manager? Improvements suggested: Commendations: a a 10 4O Satisfactory Meets Expectations OMEEM Page 195 of 270 �,. N -n JN� K-), Q. KA Page 196 of 270 Page 197 of 270 Performance Evaluation for the City Manager Signature Page Evaluator's Printed Name -- � Date( i j Sci' Performance Conference Date: City Manager's Signature Date ZOEMM Page 198 of 270 This Addendum amends the Appointment Letter between the City of Boynton Beach and the undersigned. Unless expressly modified by this Addendum, the original terms of the Appointment Letter and any previous Addendum shall remain in fiffl force. The Appointment Letter is amended as follows: r."ASE SALARY. Paragraph 2.1 of Employee's Appointment Agreement is revised to �ncrease the base salary by 2%, effective December 15, 2014. Each and every other term and condition of the original Appointment Letter, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. In the event of a conflict between the Appointment Letter and this Addendum, th- de + dendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon signature of the parties. j Dated: Dated: /AE/1 Oiere J Ta 3 4 Dh LaV' r,-- ayor F-(-ElVf D ON 1. it Page 199 of 270 �11 �# Z&VIin, This Addendum dated the _W day of January, 2014, amends the Appointment Agreeme between the City of Boynton Beach and Lori LaVerriere, City Manager. Unle WIN i Q W41, W111"HAOIN"i 1. BASE SALARY. Employee's annualized base salary of $165,000.00 is increased by 3% effective December 18, 2013. 2. 11.3 CITY and CITY MANAGER agree to execute all necessary agreements provided by the International City Management Association -Retirement Corporation (ICMA-RC) for CITY MANAGER's participation in said ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to CITY MANAGER, CITY agrees to pay an amount equal to 8% of the CITY MANAGER's base salary not to exceed the maximum annual contribution' including catch up permitted by IRS regulations into the ICMA-RC account on CITY MANAGER's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding city or other qualified employer or the CITY MANAGER upon CITY MANAGER's resignation or discharge. 3. Each and every other term and condition of the ornal Appointment Agreement, and any subsequent addendum, not herein specifically amended shall remain in fWI force and effect. 4. In the event of a conflict between the Appointment Agreement and this Addendum, the Addendum shall control. By- Dated:A-_j ("?Ciq jIERRYtAY�R Mayor ated:_//jF///3 LORI LAVERRIERE City Manager Page 204tT'70 APPOINTMXNT AGREEMENT th THIS AGREEMENT, made and entered into this day of Febraary� 2013, by and between the City of Boynton Beach, Florida, a municipal �orpiration, evari and Low LAVERRIERE C'CITY MANAGEIV), pursuant to these terms and conditions: WITNESSETH: MR Kim cl - a go 6� Y WHEREAS, the Commission has determined that LORI LAVERRIERE meets thw qualification requirenients to save as City Manager and wishes to formalize her December 18, 2012 appointment as CITY MANAGER of the City of Boynton Bewh and provide terms aw,;) conditions of appointment; and NOW, THEREFORE, the COMMISSION, acting on belialf of and for the benefit of the CrIY and CITY MANAGER agrac as follows: 1.1 CrIY MANAGER shall perform the fimetions and dutiesspecified in Article IV, Section 49, of the City Charter and other legally permissible and proper duties and functions as required of the office or as direcW by the COMMIS SION. 1.2 CITY MANAGER agrees to perform the diaties of CITY MANAGER with diligencc� sIdl! and expertise. I 2WEEMM 2.1 CITY will pay CITY MANAGER for an annualized base salary of ONE HUNDRED SIXTY-FrVE THOUSAND ($165,000.00) DOLLARS, payable in equal bi-weekly payments; paid at the same time that other managerial level employees of the CITY are paid. 3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation no less thm annually, utilizing a process, fixm, criter* and format for the evaluation which shall be agreW upon by the members of the CONSIISSION m consultation with the CITY MANAGM Page 201 of 270 3.2 In conjunction with any review of perfbrinance, the COMMISSION may increase the base salary and/or other benefits of CITY MANAGER in such amounts and to such extent as the COMMISSION may determine is proper. 3.3 The COAAfISSION may, from time to time, grant the CIW MANAGER a perf)rmance based bonus, providpd the bonus is granted in accordance with s. 215.425, Floiida Statutes.1 4.1 The term of this agreement commences when signed by both parties and is retroactive to December 18, 2012. The compensation differcntial resulting from the CITY MANAGER's salary adjustment shall be paid in lump sum the first full pay period immediately following the execution of this agreement. a-.2 The N serves at the plemm of the City Commission and therefore the appointment has no fixed term. 4.3 Nothing in this Agreement shall Hmit the right of the COMMISSION to taminate the appointment of CITY MANAGER at any time� subject only to the provisions set forth in Section 5.0 of this Agreement. 4.4 Nothing in this Agreement shah prevent limit� or otherwise interfere with the right of the CITY MANAGER to resign at any time from her position with the CITY, subject only to the provisions set forth in Section 5.0 of this Agreement 4.5 The Commission consents to the CITY MANAGER to residing outside the City liLt,' ts of Boynton Beach. I 1 1111 'g�g �'� 111 5.1.2 by the CITY CONIMISSION's unilateral termination of CJJY MANAGER. N Page 202 of 270 5.2 In the event of a conflict between the sevemce benefit terms of this agreemew, and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, thi provisions of the, statute shidl prevail. 6.1 Unilateral tezraination shall be by vote by the COMMISSION and need not refleet performance related reasons. In the event of a termination for misconduct, the CITY MANAGER is not entitled to severance pay in acAux-datice with s. 215.425, Flozida Statutes. If this Agreement is terminated by unilateral action by the CITY not based on misconduct� CITY MANAGER shall be entitled to-, 6.1.2 twenty (20) weeks of severance pay. The term severance pay shall have the meaning as set forth in s. 215.425, Florida Statutes. 6.1.3 reimbursement for as -yet unreimbursed expenses pursuant to this Agreement. I L I I "I WR 7.1. If this Agreement terminates upon mutual ageement of the parties, CrN NIANAGER the negotiated terms of severance shall be consistent with the limitation on severance pay as set forth in s. 215.425, Florida Statures. 8.1. If this Agreement terminates due to CITY MANAGER!s disgility or death, CITY MANAGER or her guardian or personal representative shall be entitled to the following compensation and benefits, Page 203 of 270 I I I I I I IF, I i I I I 1r 11 Ii 1111 Ill 1117115; 1111111ill !1111 1111 lilt, I nl,K;Vw= � reimbursement for as -yet unreimbursed business expenses pursuant to this Agreement. 12191111w:177 P, le"m U -m wmj tsmm­ M., m 9.1.1 base salary through the date of resignation or such other date as mutually agreed to between CITY MANAGER and the CITY. 9.1.2 reimbursement for as -yet unreimbursed expenses pursuant to this Agrement. 9.2. A resigmation shall be submitted in writing to the COMMISSION througb the City Clerk and shall provide for an actual resignation date no later than thirty (30) days following the date of notice of resignation, or later with the conscmt of the COMMISSION. The COMMISSION may establish an earlier separation date, but compensation and benefits shall accrue through the fall ddity (30) days. 10.1. The CITY shall provide use of a vehicle to the CITY MANAGER which shall used for business and unlimited personal use within the State of Florida. vehicle shall be suitable for corulucting City business and of comparable quality vehicles purchased for or assigned to City Managers in Palm Beach County. 0 Page 204 of 270 I I A The CITY will pay the premiums for City provided health, vision, dental, and disability insurance for the Employee and her dependents. 1.2 CITY shall pay for and provide the CITY MANAGER with tam life insurance in an amount no less than $330,000.00. The City will not be responsible for policy renewal after the date of termination of appointment. 1] .5 CITY MANAGER will accumulate sick leave as provided under the rules and regulations for other managerial employees of the CITY, including pay -out for unused sick leave on termination based on the standard for employees of the CITY hired before October 1, 1991. Page 205 of 270 Management Association, and such other national, regional, state, and local organizations, civic groups, and committees which the CIW MANAGER of ths CrIT is a member and as the CITY may designate. 11.7 CITY will pay for the registmfion, travel and subsistence expenses of the Cl MANAGER for short courses, institutes, and seminars that are necessary for professional development and the good of the CITY. I 12.1- CrJY will reimburse CITY MANAGER for all business-related expenses upon presentation to the Finance Di=Wr of duly executed expense vouchers, receipts, statement or personal affidavits. 14.2 CITY reserves the right to select, appoin4 retain, and discharge legal counsel necessary to provide the foregoing defense. 15.0 hDomnd nil Page 206 of 270 ii 5.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITi MANAGER under any law or ordinance. 16.1 The CITY -has appropriated fiinds of the CITY in an amount sufficient to'fimd and pay all financial obligations of the CITY MANAGER pursuant to this Agreement, including but not limited to, the Severance and other benefits set forth above. r-6.3 Them are no established hours of work for the CITY MANAGER. The CITY MANAGER shall dedicate herself to the tasks necessary to effwtively and efficiently manage the affairs of theMANAGER may a4just her regular work schedule to balance the demands of extended business days and night meetings, upon reasonable notice to the COMMISSION, 16.4 The CITY will provide the CUY MANAGER with a laptop computer or other similar electronic devices suitable for on and off site business use. 17.1 The Agreement shall be binding on the CrIY and CITY MANAGER and thL successors, assigns, and heirs of each respectively. 17.2 Ihe effective date of the Agreement shall be the date it is last signed by either the CITY or the CITY MANAGER, Page 207 of 270 Awi IN WITNESS WHEREOF, the parties sign and exemAz this Agreement. 6y[V'l'M Woods Approved as to Form: ' 306k90019,2 G3 7°a 2/0=3 6-26 PM CITY OF BOYNTON BEACH, FLORIDA CITY ANAG m Lori cre TEST: Pt�yClerkm Page 208 of 270 12. B. NEW BUSINESS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-150 - Approve and ratify the reopened and amended Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City. PROPOSED RESOLUTION NO. R15-151 - Approve and ratify the reopened and amended Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City. EXPLANATION OF REQUEST. The SEIU Blue and White Collar Collective Bargaining Agreements ending September 30, 2017 have reopeners for the Group Insurance, Pension, and Wages Articles. Beginning in July 2015, the City and the Union began negotiations for these Articles. On October 6, 2015, the Union declared impasse, citing their dissatisfaction over the Wages Article. On November 13, 2015, the City and Union met again for bargaining and were able to reach a tentative agreement which would provide, upon ratification, a three percent (3%) across the board wage increase to members who are not at the maximums of their pay grades and lump sum payments to those who are. SEIU ratified both the Blue and White Collar contracts on November 23, 2015. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having agreements in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FISCAL IMPACT. Budgeted A three percent (3%) wage increase upon the first full pay check following ratification for year two (FY 2015-2016) of the collective bargaining agreements has been included. A contribution of $1250.00 for each member who is active on the City's medical insurance for year two (FY 2015-2016) has been included. ALTERNATIVES: Do not approve and ratify the agreements, which would result in returning to Impasse and continued negotiations. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 209 of 270 Is this a grant? Grant Amount: ATTACHMENTS: Action Type D Resolution D Addendum D Resolution D Addendum D Addendum REVIEWERS: Department Human Resources Finance Legal City Manager Reviewer Action Oldbury, Julie Approved Pyle, Judith Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/24/2015 - 8:13 AKA 11/24/2015 - 8:42 AKA 11/24/2015 - 3:43 PPA 11/25/2015 - 7:59 AKA Page 210 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC — BLUE COLLAR BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of the Articles regarding Group Insurance, Pension and Wages articles were subject to reopened negotiations between the City and the SEW Blue Collar of the Collective Bargaining Agreement which expires September 30, 2017; and WHEREAS, the Parties negotiated the terms and on November 23, 2015, the SEIU Blue Collar unit ratified the amendment to the Agreement; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Amendment to the Collective Bargaining Agreement. 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 hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the amendment to the Collective Bargaining Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC — Blue Collar Bargaining Unit for the period of October 1, 2014 through September 30, 2017, and authorizes the Mayor and City Clerk to sign the Amendment to the Agreement, a copy of -1- Page 211 of 270 32 which is attached hereto as Exhibit "A". 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick -2- VOTE YES NO Page 212 of 270 10 DN 1iJI M:00 Page 213 of 270 City Final Proposalb 2015 ovein er N ............ .................. 1111, 1 1 1 owl tilly V�A 0r*.1wr.1KMw I �s, 18.2 Year Two (October 1, 2015 - September 30, 2016): B ei tjr,;�!1 niernbers will- recei ve a -three nt. '.M� i ncrease to Lheir h � �ud� �ba L ffective the ------------------ ---- fjrSt.,fu.1j.p.1y - - --- --- ----Meinhers who are athe maxifflUM --o------f-.----t---.h.-.-.-.-e... ............. ----- 112y nam,(�_wifl receive. a ILI jun in 1jeU of an increase to their base rate, Lap ... ......... . . . . ------------------- ........... . ............ . 18.3 Year Three (October 1, 2016 - September 30, 2017): Wage Reopener.___Ll�,eCUA in -March 2016. SEW Blue Collar & White Collar YT A - SElU U, Tflrditi_,_ 1111116- Page 214 of 270 City Final Proposal - 7iyo.verylberl-� 2015 ..................... ARTICLE 41 L9Mm&dh1WmdngxcQucmd 41.0 INSURANCE EIREM= i go, E �i ffective Oct obe�6r 1 '2015 the sole medical bc-ijefft jAli bL —affiig1-i-f-)P--du--rt-1-�je --- Health Plan --- ( -1., Uff 'L e ta HDHP ----------------------------- -- ----- thil tn I mLdical., ion and dental insur�gice - -(,)r al] -jr jx -rif, .rs .1 rift, gic be --- --------------------------------- -IL-- while emploved & (jit The membgri -_or fl -.4--the �(' -3yjLZgXjjjL L i -M,_cos, -HDHP medica vii and dental - ----------------- The City shall pay the total medical insurance, dental insurance, an? vision care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. 41.1.2 Year Two: (0 ctober 1, 2015 through Septemb er 3 0, 2 0 16) 4 1. ThO 111'enju ni cost fo r "em )10V cc..oj11y„ I [_D H P medical insurance shall he r)aid bar the sciated with coveri ng ....................aso ................. . "e 2. Once.an rGprjg blishes..WsLher —Health. Savijig JN- ..gL ­ yi .........do ......... n L-, 1.h�row 1�ic) �,gn Er „i n zed ,,wi'l contribute a i t I of U 1121 iLinto Qygf�!!�s fitjull pa rs gZ-perjod check. d2klallo-wing ratijj�gqjjgtij, tic ly -ni -�Q).n.. °�Jo Lbr, k.date in Section 2 above. 1­­1he­Q-ty­­ k,-. �1 or Arlt r4 r. vt: r W& ...=LI yal, Of to 7. ue of --- Up— ae n hundred fift- dol d- lanslzu- -( fter rpension dje-d i)...o auspniii nation of ick .gmd. vacadonTh is .c�... Mnyersion, rato-t-o-1help. fund their ........ IL.rj 1, 1-,.2 �01 6 � �A 3 ...x.11 ..CAn amauntup 'AIMRAlized total of $75 91 1 ------------- ........Ali gu-st, j.- ­ ZD! ,-Q­an a -"a �qp uj:ajj I of SEIU Blue Collar & White Collar TA - IU CO- ,rA/- city Page 215 of 270 d. . For rL s -ti "annuallized" means an. ober 1, L--42.ur� Qggj . -gf .. thi-s. Ag _pLyear Oct --- 20-b- Lhrou& v -4 ®®®®®-New f b Jrdc --- on or after October 112-011-5-1 —111M] ---accrue --- goIe-Aund.red dollars =001.0 (A) -11cr saii-e-nosit into thei, HSA thrQU&kj.5,g jjjember 201 - -------------------------- �61 w -."Il be made L11—le—f—Irst —Cflelc which t1te membe b g — -- -------------------------------- r ---- P, �91-ft g1j,'gi 41.1.3 Year Three: (October 1, 2016 through September 30, 2017) The City and Union agree to reopen this rticleiriMarch2016, . .............................................................................. -- 41.2i""",�,,S"41--'k'(� . ...k:.. AA,"4,-,(R ..... . .. . 4 city A 4.3 ....,..m, .. .... .... SEIU Blue Collar & T-�- ED- -y' T Page 216 of 270 46.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety� upon request from the Union. 46.2 The City and the Union agree to conform the pension plan to state requirements pertaining to municipal pension programs. 46.3 Year Two (October 1, 2015 - September 30, 2016): QUO. Year Three (October 1, 2016 - September 30, 2017): The City and the Union agree to reopen this,�i k -Article at th� u �Ps t C,'Ji ty -i f 12 016 SEIU Blue Collar & White Collar YA — S—EJU IN, F?I;M Page 217 of 270 Agreed to this day of . 2 0 15 by and between th e respective Parties through the authorized representatives of the Union and the City. SEW Florida Public Services Union, CTW, CL 'onflrmed by. Alphonso Mayfield President 070Z=�r� NEZE= K Janet Prainito City Clerk NMW/., / Lori LaVerriere City Manager Jerry Taylor Mayor SEW Florida Public Services Union, CTW, CLC - Blue Collar October 1, 2014 - September 30, 2017 Page 218 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC — WHITE COLLAR BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of the Articles regarding Group Insurance, Pension and Wages articles were subject to reopened negotiations between the City and the SEW White Collar of the Collective Bargaining Agreement which expires September 30, 2017; and WHEREAS, the Parties negotiated the terms and on November 23, 2015, the SEIU White Collar unit ratified the amendment to the Agreement; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify and execute the Amendment to the Collective Bargaining Agreement. 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 hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the amendment to the Collective Bargaining Agreement between the City of Boynton Beach and the SEW Florida Public Services Union, CTW, CLC — White Collar Bargaining Unit for the period of October 1, 2014 through September 30, 2017, and -1- Page 219 of 270 32 authorizes the Mayor and City Clerk to sign the Amendment to the Agreement, a copy of 33 which is attached hereto as Exhibit "A". 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick -2- VOTE YES NO Page 220 of 270 141ft! t! 3 ,30! ! i ' 1... �,...�; ViTI4,11KII9W1A:A.11 TT lMmrm Page 221 of 270 City Final Proposal 1.3,2015 ------------ MOIL"MMM=-N MM11WAII[al 18.3 Year Three (October 1, 2016 - September 30, 2017): Wage Reopener.--ib��� Union1grgfLto or)en I i5 I h Artid- in March. 2016. . ................... ................. SEIU Blue Collar & White Collar fA — SEIU Q011,-, 1111116 - TAI city Page 222 of 270 I City Final Proposal - I "'.'VoVertiber 13.2015 ARTICLE 41 ENMIJNUN�11 4 ZW Effective..O.E.t(lber 1. 201-5the sole niedicfil..b.9 efit...Iti,.I.je-gyajj'_p il gin, Health Plan C.L.LD 'Eh z 21 1� DI -P ine icaj vision and d ta] insuranc rmir i g Pjxuala &1: al! w1wj2- he full cost of.H�DHP.-Ene . ......... jtj(� gD,.,and dental iLisurancg,f2r.jh.......�t ..... .p , eir L �j.. ill 11 11 �Ip1 IN 1 9 1 1 0 !MEUSMM+ - 1 1� The City shall pay the total medical insurance, dental insurance, and on care premiums for all regular employees. The employees will pay the full cost of medical insurance, dental insurance, and vision care premiums for their dependents. 41.1.2 Year Two: (October 1, 2015 through September 30, 2016) IJf4 1. The premium c onl" �JJDF�Iflnic�dica insj-, nce, shall be paid tie Umua..—L skull Cit E for pg LS�� __ �Jbt(�_ _Vill DJ jig Lievendi!j2ts 2. Qnce..an.tpi Sayine ..A.'co A _p ........ .......... ............ done .... thr.9 lae C�m,__ 'bute an .2jajized total of J rio c date folio .=...aM±Mg110 e ' S H A qj�i g ratificati !2,,jnuat..be,...eMD1oved on check dgj�g in Section 2 ab e. cit wflj� ........... to seven hundre,..fit y �)Ilar�s.$.Z5.q _,,Q.Qj_Lift-_er,4 11.si on of any com i IICL ---Q _dgd1!gtJ j&--a-ndvagion -J— rn conversion can..b.,-..d.....ag-dgjjngjjg M .......p'j,..Larr amount uto an.annualized total of 75C Lrij 1 2016 .--,Ap Do �C Au ggLu5 --ZQ16 - AuguLt-3-1-of SElU Blue Collar & White Collar XIT —�-S E rg- city Page 223 of 270 d� Fc q n j: ;vLQvvf ia Arti6f,"annumlized" �L - J. - — --------------------- j@ �Ej 5, jtjmug:tL,Se.pIt-(rnbe-r 30 '2()'16. L&� lars tjjQQ,DD)--R �,rnioy�ithfor for ;fie- (�NLULAEVRLJL't Into the-ir FISA throug!LS-v pte nfrie, �rZl 0 16 wilile �erLQved. The jAai,-,d_Ljep made the firstcheckQf �Vhc,. :mint in �in which the membe-ribec-mu., r - W -e 41.2 b"x 4i� -nt'Pi 2 '42 .. ... .... tl-le .. .... . . ... c" "i a -4 ......... ne"', SEW Blue Collar//& A �® SEIU ® 7 tr CA-0- TA/- City Page 224 of 270 ERVOUXT-1 46.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request t-oww*e UTioTt. 46.2 The City and the Union agree to conform the pension plan to state requirements pertaining to municipal pension programs. i 46.3 Year Two (October 1, 2015 - September 30, 2016): -47`,.�,,°ii, c 1,,-,,,S-t-at,L; S Q ti r.) SEW Blue Collar & White Collar. -SE IU Page 225 of 270 Agreed to this - day of - 201S by and between the respective Parties through the authorized representatives of the Union and the City. Confirmed by. Alphonso Mayfield President grim= Krwr= Ti- Lomrm, EM 'I M11 NM Lori LaVerriere City Manager BE MMEWI� 001161 SElU Florida • Services Union, CTW, CLC - White Collar October 1, 2014 - September 30, 2017 Mow= Page 226 of 270 Oldbury, Julie From: Joseph Brenner <joseph.brenner@seiufpsu.org> Sent: Monday, November 23, 2015 7:15 PM To: Oldbury, Julie Cc: Kalem Mandi; Carpenter, Thomas; Eichorst, Rob; Roberts, Don; Simmons, Anthony Calvin; Russell Eichorst; Barbara Watson; Rodrigo Hidalgo; Rick Smith; Alphonso Mayfield Subject: SEIU VOTE RESULTS 11/23 Hello Julie, Today's SEIU Contract votes went as follows: For the Blue Collar unit, there were 15 Yeses, 0 No, and I provisional ballot. For the White collar unit, there were 10 Yeses, 0 No, and 4 provisional ballots. Please let me know if there's anything more you need from the union. Best, Iff Joey Brenner, Deputy Chief of Staff for Research, Information and Representation Services SEIU-Florida Public Services Union josel2h.brenner -seJu su.org 561-308-1919 Page 227 of 270 12.C. NEW BUSINESS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R15-152 -Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the implementation and provide for CRA funding of the Neighborhood Officer Policing Program. EXPLANATION OF REQUEST: On November 10, 2015, the CRA Board approved an Interlocal agreement between the City and CRA for the implementation of the Neighborhood Officer Policing Program. At the August 6, 2015 CRA budget meeting, the CRA Board voted to fund a neighborhood policing program for the Heart of Boynton community in the amount of $200,000. The CRA secured a location; 404 E. Martin Luther King Blvd. for the programs base of operations. The CRA staff has worked with the City Police Department to develop the Neighborhood Policing Program for the area and is a part of the ILA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide a neighborhood policing program for the Heart of Boynton Community. FISCAL IMPACT: CRA will provide up to a maximum of amount of $200,000 for the management of the Neighborhood Officer Policing Program as outlined in the ILA. ALTERNATIVES: Do not approve the ILA STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 228 of 270 ATTACHMENTS: Type REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILA with CRA for Policing Program Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/20/2015 - 8:43 AKA 11/20/2015 - 8:43 AKA 11/23/2015 - 10:54 AM 11/24/2015 - 8:56 AKA Page 229 of 270 I RESOLUTION NO. R15- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO IMPLEMENT THE 7 NEIGHBROHOOD OFFICER POLICING PROGRAM AND 8 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to 10 eliminate slum and blight and to facilitate reinvestment within the Community 11 Redevelopment Area; and 12 WHEREAS, the proposed NEIGHBROHOOD OFFICER POLICING PROGRAM 13 attached as Exhibit "A" will help the Community Redevelopment Agency to achieve its goals; 14 and 15 WHEREAS, the City has the ability to manage the NEIGHBROHOOD OFFICER 16 POLICING PROGRAM; and 17 WHEREAS, the cost of implementing the NEIGHBROHOOD OFFICER POLICING 18 PROGRAM is $200,000 and will be paid for by the Boynton Beach Community 19 Redevelopment Agency; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff and the CRA Board, deems it to be in the best interests of the 22 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 23 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 24 Agency regarding the creation of the NEIGHBROHOOD OFFICER POLICING PROGRAM. Page 230 of 270 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 32 implementation of the NEIGHBROHOOD OFFICER POLICING PROGRAM, a copy of said 33 Interlocal Agreement is attached hereto as Exhibit "B". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of 2015. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 55 Janet M. Prainito, MMC 56 City Clerk 57 58 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 231 of 270 12.D. NEW BUSINESS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R15-153 - Authorize the Mayor to sign an I nterlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the Maintenance of the North Entry Signage Project. EXPLANATION OF REQUEST: On November 10, 2015, the CRA Board approved an ILA between the City and the CRAfor the maintenance of the North Entry Signage Project. The CRA is in the final stages of completing the North Entry Signage project located along the west side of North Federal Highway between the C-16 canal and NE 15th Avenue. The ILA is for a two (2) year maintenance period for this project and provides for the CRA to reimburse the City for maintenance costs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Will provide an attractive entry point into the City on North Federal Highway and provide funding for the initial 2 year maintenance costs. FISCAL IMPACT. The City will incur additional expenses for maintenance once this project is complete, this ILA will provide for reimbursement of those costs from CRA for a two (2) year period. ALTERNATIVES: Do not approve the ILA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 232 of 270 Type REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILA with CRA for North Entry Signage Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 11/20/2015 - 8:57 AKA 11/20/2015 - 8:57 AKA 11/23/2015 - 10:54 AM 11/24/2015 - 8:56 AKA Page 233 of 270 I RESOLUTION NO. R15- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY FOR THE MAINTENANCE OF 7 THE NORTH ENTRY SIGNAGE PROJECT AND PROVIDING AN 8 EFFECTIVE DATE. 9 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to 10 eliminate slum and blight and to facilitate reinvestment within the Community 11 Redevelopment Area; and 12 WHEREAS, the North Entry Signage Project attached as Exhibit "A" will help the 13 Community Redevelopment Agency to achieve its goals; and 14 WHEREAS, the CRA has designed and constructed the improvements known as the 15 North Entry Signage Project on North Federal Highway; and 16 WHEREAS, the CRA agrees to reimburse the City for the cost of maintenance for the 17 North Entry Signage Project; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff and the CRA Board, deems it to be in the best interests of the 20 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 21 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 22 Agency regarding the maintenance of the North Entry Signage Project. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\970764A7-B615-406C-8D2E-CD88ACAF6061\Boynton Beach. 2226.1. ILA With CRA For North _Entry _ Sign_Maintenance _-_Reso.Docx Page 234 of 270 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 29 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 30 maintenance of the North Entry Signage Project, a copy of said Interlocal Agreement is 31 attached hereto as Exhibit "B". 32 Section 3. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2015. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 55 Janet M. Prainito, MMC 56 City Clerk 57 58 59 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\970764A7-B615-406C-8D2E-CD88ACAF6061\Boynton Beach. 2226.1. ILA With CRA For North _Entry _ Sign_Maintenance _-_Reso.Docx Page 235 of 270 13.A. LEGAL 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-031 - SECOND READING - PUBLIC HEARING - Approve the fourth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. EXPLANATION OF REQUEST: The City adopted the Workforce Housing Program (WHP) on April 3, 2007. The program requires developers of projects with a residential component to set aside a certain percentage of units for low and moderate income households (the WHP does not address housing needs of very low income households). By the time the WHP was adopted, the residential market in Palm Beach County was already in a downturn. Consequently, the program was never applied to any projects, as none were being built until 2011, when the first signs of recovery appeared. In December of 2011, the City Commission approved a two-year suspension. which was then extended for one year in December 2013 and December 2014. The rationale behind the suspension was based on a fear that the WHP's requirements may inhibit re-emerging but still weak development and redevelopment activities, a particular concern in the downtown and surrounding areas. There were also additional arguments for suspension. Although a sharp decline in home prices in the City significantly improved price affordability for home buyers, many households found it difficult to qualify for a loan under stringent underwriting standards. Such issues were not addressed by the WHP. Moreover, at that time the rental housing market offered reasonably priced units for low -to moderate income households. Similar arguments were made in 2014. However, affordability of rental housing in the City was steadily deteriorating as rents continue to rise and wages remained stagnant. Staff still believes that ending the suspension of the Workforce Housing Program and reinstating it with its current requirements can jeopardize the as yet fragile recovery, especially since the surrounding municipalities do not have such a program. Staff has been working on revisions to the program and plans to review the proposed changes with members of the development community. The requested one-year suspension would allow for completion of this process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City programs and services FISCAL IMPACT. None ALTERNATIVES: Staff does not recommend any alternatives at this time STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 236 of 270 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department City Clerk Description Ordinance approving fourth extension of the suspension of the application and enforcement of the Workforce Housing Program Reviewer Action Date Pyle, Judith Approved 11/20/2015 - 10:36 AM Page 237 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE V, SECTION 2, "WORKFORCE HOUSING PROGRAM", AMENDING SUB -SECTION I, "SUSPENSION OF PROGRAM" CONTINUING SUSPENSION OF APPLICATION OR ENFORCEMENT OF THE WORKFORCE HOUSING PROGRAM FOR A PERIOD OF ONE YEAR; PROVIDING FOR AUTOMATIC REIMPLEMENTATION OF APPLICATION AND ENFORCEMENT UPON THE EXPIRATION OF THE STATED TIME PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Workforce Housing Program was adopted by the City Commission on April 3, 2007; and WHEREAS, on December 6, 2011, the City Commission approved the suspension of the Workforce Housing Program for a period of two (2) years in order to offer interim relief to stimulate development; and WHEREAS, in December, 2013 and December, 2014, the City Commission extended the suspension, one more year based on a concern that the Workforce Housing Program's requirements may inhibit re-emerging but still weak development and redevelopment activities; and WHEREAS, staff believes that ending the suspension of the application and enforcement of the Workforce Housing Program and reinstating it with its current requirements can jeopardize the "as yet" fragile recovery therefore staff has been working on revisions to the program and plans to review the proposed changes with members of the development community; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of -1- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\81C4E9EB-03E7-4AEC-A214-BA91D2204E7D\Boynton Beach. 21981. Workforce Housing Program continue suspension (2015) - Ordinance.doc=��c s ,la w -sw,f# 14�q �;1� � � , a. � Page 238 of 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Boynton Beach, Florida to continue suspension of the application and enforcement of the Workforce Housing Program for a period of one (1) year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The Land Development Regulations of the City of Boynton Beach Code of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby amended as follows: I. Suspension of Program. Commencing December 15, 2011 and ending December 14, -2444-5,2016 application of the Workforce Housing Program is suspended and parties to whom it may apply are relieved of any compliance requirements. The Workforce Housing Program will automatically be re - implemented upon expiration of the suspension of the application and enforcement of the Program. Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. -2- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\81C4E9EB-03E7-4AEC-A214-BA91D2204E7D\Boynton Beach. 21981. Workforce Housing Program continue suspension (2015) - Ordinance.doc=��c s ,la w -sw,f# 14gt-(QW4 � � , a. t Page 239 of 270 FIRST READING this day of , 2015. -3- C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\81C4E9EB-03E7-4AEC-A214-BA91D2204E7D\Boynton Beach. 21981. Workforce Housing Program continue suspension (2015) - Ordinance.doc=��c s ,la m -sw,f# 14gt-(QW4 � � , a. t Page 240 of 270 I SECOND, FINAL READING AND PASSAGE this day of , 2015. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick -4- VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\81C4E9EB-03E7-4AEC-A214-BA91D2204E7D\Boynton Beach. 21981. Workforce Housing Program continue suspension (2015) - Ordinance.doc=��c s ,u, w -sw,f# 14gt-(QW , a. Page 241 of 270 13. B. LEGAL 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1211/2015 REQUESTED ACTION BY COMMISSION: Review of Ordinance 15-002 for modifications or rescission. EXPLANATION OF REQUEST: At the last City Commission meeting the City Commission requested that Ordinance 15-002 which was approved March 17, 2015 be returned to the Commission for consideration of modifications or rescissions to the ordinance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance 15-002 D Minutes Minutes from first reading of Ordinance 15-002 D Minutes Minutes from second reading of Ordinance 15- 002 D Staff Report Staff Report from Ordinance 15-002 REVIEWERS: Page 242 of 270 Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 11/24/2015 - 3:17 PPA 11/24/2015 - 3:25 PPA Uff"ADIENNUMMM Page 243 of 270 ORDINANCE NO. 15-002 (Amended for Fii A Second Reading) AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II ENTITLED "DEFINITIONS"; CHAPTER 3, ARTICLE IV, SECTION 3.1), "`O'f�'USE MATRIX NOTES"; CHAPTER 3, ARTICLE IV, SECTION 3.D., TABLE 3-28 "USE MATRIX"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City's Zoning Regulations accommodate uses that provide medical testing and treatment in the following three general categories; 1) hospitals; 2) medical offices; and 3) imaging, testing and support services, however, of the three uses, the only one where in-patient medical care is permitted is hospitals; and WHEREAS, until recently, there has not been a demonstrated demand in the City for medical services that provide 24-hour care to patients, however, in response to the recent demand for services that provide 24-hour ern -in-patient care, treatment and/or testing such as those involving + �t-. stLbstancc abuse,_ staff has analyzed the zonins> regulations and rp oposes amendments to address this deficiency by accommodating these uses~ as well as _other excluded businesses that similarly orovide overni Yh� t medical services such as those pertaining to sleep disorders, eating disorders, labor and delivery, and hospice care and Vii., rry 11 L ill wC,td:a�' izl acs,, si Vie; and WHEREAS, the City Commission finds it to be in the best interest of the citizens C\Users\prainito.0 pp DataALocal\Microsoft\Windows\Temporary Internet Files\Content. IE5\QXDIPCBU\15- ical_Care`I'estinc_-_Revised.doe - I - Page 244 of 270 and residents of the City to approve the recommendations of staff and amend the Land Development Regulations as reflected herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section L The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 1, Article 11 of the Land Development Regulations entitled "Definitions" is hereby amended as follows: Definitions (LDR, Chapter 1, Article II): Medical Care or Testing (In patient) acilit excluding hospitals, which � o ep n 24-�hous davor provide, 24-hour healthcare, treatment, and%or examinations, tp(gyy rc uir�ing overnight stays and are based ei on emerge, planned, _or scheduled admittance to facilities with controlled and secured access to ensure apprafriate car e of patients. Such facilities include: Alcohol or chemical dependency it°e�ztnaent centers licensed pursuant to Chapter 39?, Florida Statutes; Mental health treatnnent�facilities licensed pursuant to Chapter 394; Florida Statutes (Jrent care centers 24 hour: Inpatient_(���ti tng serijces such as sleep disordercenter.s,- Birth centers licensed pur5iLnt to Section 163 05: I-lorida Statues Hospice facilities licensed ou suant to PartIl' of Ch meter 400' Florida Statues Eatint, disorder treatment centers,' and • Nursing homes, and physical rehabilitation centers licensed pursuant to Section 100.062 Florida Statutes. C:AUsers\prainitojAAppDataALocal\Microsoft\Windows\Temporary Internet fi1es\Content.1E5\QXDI PCBUU 5- ;al_Care Testing_-_Revised.doc -2 - Page 245 of 2 t "Gro ♦—fid ir,u!{-,. • Medical or Dental Imaging/Testing/Support Services (Out patient • Medical or Dental Office (Outpatient) A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basisi-1C hh!11,1f Irec rnc., t. Images, body fluids or other......; - - • M- ental Health and Substance Abuse — see " Medical Care or Testing (Inpatient). Section 3. Chapter 3, Article IV, Section 3.D. of the Land Development Regulations, Zoning Matrix Notes is hereby amended as follows: No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if located within two one hundred (2"(1901 feet from a residential zoning district or mixed use zoning district." No. 14. The subject use is only allowed on a lot that fronts on an arterial or collector foadvay street as defined in Part III Ch. 1 Art. 2 of the LDR under definitions for "Street - Arterial" and "Street -Collector". Exceot for uses providing Medical Care or Testing (In- patient) shall be limited to lots that front on an arterial roadway. Tile is n­,ua@r"� 4a—led, tars it tssn -� :t��� l"t �r➢r�i��?�a k § �� §� �� .� ��i "�� �Yv�` P Lc'o (W, 1400,- i "ri: ItV ,Ht - ,',§ 4 ,..i 4-o . 9 a 4 k(" "'� 'w iit` std 36' No. 58. Restaurant. 3 a. All Districts. See Chapter 3, Article V. Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; 1 C\Users\prainitojAAppData\Local\Microsoft\Windows\Temporary Internet Files\Content lE5\QXD 1 PCBU\I 5- E ml_Care "Testing_- Revised, doe -3 - Page 246 of 270 (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway, 2) does not exceed two thousand, five hundred (2,500) square feet; 3) eentains ., ma-ximum of twelve (1 2) seats; 4 3) excludes a drive -up, drive- through, or drive-in facility; and -5 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. No. 101. Medical Care or Testing (In-patient) Other requirements and site standards: a. Conditional use at) roval shall be required if there exists less than a 50 foot ;—ni btii4dn selb c 4ia-fl,be,between the subject use and 'eet when -an abt 1iti is{� a resi( ent - I or nixed 'ase zoni nE distr' ,t this separation is intended to enable proper site design regarding secured access private outdoor patron amenities, buffering, etc. b. Site security shall be ensured throua_minimum of`surveillance carneras, limited and controlled access paints. and o�eratiQrlal tarocedures to restrict unauthorized and/or unarranged accessing or exitinthe facility and/or property. This subsection may_b"Loven unnecessary -based on the use or operation, surrounding land uses armed/or site design. Justification shall be provided to staff in con1unction with site pian,review or when q l inLy for Certificate of Use approval `pito f 1 b a €-'11444 '4fnLill1-,"l f is ; 1 ; 9" r i z E d c3 fi- i IeEkk� d... � 's r4 I i—c e t> (A a 3 �� @�x� �o . adv k ��s 4 F? > 3 § c, ➢ c. Privacv and access control shall be ensured through a minimum of perimeter fencin and landscape buffering, intended to support the objective to control access and increase Drivacv of areas intended for client or patient use. This subsection may be proven unnecessar�y based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site t?laal review or when app/ ing for Certificate of Use approval. d. In addition to the locational restriction of footnote #14 (arterial roadway fr nta.&& allowed locations within the CRA shall exclude I'lanning,Areas #2 #3 and #4 as i C:AUsers\prainitojAAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IF5\QXDIPCBU\15- al_CareTesting_-_Revised. doc s -4- Page 247 of 2 0 2t 2 3i 3: 3 I 002 defined within the Federal Flighway Corridor Com iunity Redeveloment Plan Update adored in 2006 and the Boynton Beach Boulevard corridor. The intent of this standard 1S tCR...... . . tee reserve certain areas within the ; i ,,i 4w -e- CRA tothose uses that contribute to, grid enhance, the entries into the downtown_ the fabric of the streetscape, harmonious land use relationshim downtown retail and commerc e, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtownnursuant to an adopted redevelopment plan t . k k 1-4 t`Ior3§ it§„tlyl4�fs:m ;4��-i...e'v , e-'141 a i'� i.....'1 Et,. ; sey`r#�lt 3 lmlt tR9t _L'cr1`€S-1s t;'a PI'�,. L#zxz..-Us - i'cleio- ���a-ry�;�a,�i-��tt� �`�£l�✓'.�i��st�£ �4vr�i�€r'-£�fy�v-F?"'���xs\~§�'�`�at�lx�"lkla.�,�' ����'�,�i<����t�3���' r�✓Y s § t'' ���s' �='a.��n �✓ �; lie t ivx��:(. � ri~s`:FR�•, No. 102. Pre-existing. Such pre-existing uses which are no lonver allowed uses pursuant to amendments to the Zoniny, Matrix shall not be construed as non -conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix and adhere to the site design and operational restrictions of the applicable footnotes. Section 4. Chapter 3, Article IV, Section 3D of the Land Development Regulations, Use Matrix Table 3-28 (Excerpt) is hereby amended as follows: D. Use Matrix (Table 3-28). See attached Exhibit "1-A" Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately on second. FIRST READING this 3rd day of February 2015. SECOND, FINAL READING AND PASSAGE this 17t" day of March, 2015. C:AUsers\prainitojAAppData\Local\M icrosoft\Windows\Temporary Internet Files\Content. IE5\QXD I PCBU\ 15- :alCareTesting_-_Revised (1).doc - 5 - Page 248 of 2, I 1 1 I 1 I I I t t 2 ATTEST: Jant M. Prainito, MMC y Clerk CITY OF BOYNTON BEACH, FI.,ORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO I C:AUsers\prainitojAAppDataALocal\Microsoft\Windows'N-Femporary Internet Files\Content.IE5\QXDIPCBU\15- 002 kledical Care Testing_-__Revised.doc - 6 - Page 249 of 270 0 4-+ V V) a -J i a m U 0 J X .7 C6 V) D EXHIBIT 1 — A O ti N 4- 0 O LO N N O) REC U 'a,+ PT U PID M-1 MU -H MU -L3 MU -L2 K MU -Ll SMU PCD� y 0 l ra i i '� � iii a a CBD y a a C-4 c y a a a o� v W U C-3 ewe r A4 a a Q U C-2 y —i Beii a c, a C-1 ""*( a a MHP U w PUD IPUD R-3 -� R-2 R-1 R -1-A R -1 -AA R- I -AAB 71 Ol v v c _ v, on H �^ U N Ni r1Ai fb y c O N u rt I V V EXHIBIT 1 — A O ti N 4- 0 O LO N N O) MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL FEBRUARY 3, 2015 Motion Commissioner Merker moved to approve Proposed Ordinance No. 14-031. Mayor Taylor passed the gavel and seconded the motion. Vote City Clerk Prainito called the roll. The vote was 2-3 (Vice Mayor Casello and Commissioners McCray and Fitzpatrick dissenting). Motion Commissioner Merker moved to approve Proposed Ordinance No. 14-032. Mayor Taylor passed the gavel and seconded the motion. Vote City Clerk Prainito called the roll. The vote was 2-3 (Vice Mayor Casello and Commissioners McCray and Fitzpatrick dissenting). Attorney Cherof advised the remaining items were conditioned on the approval of the abandonment and land use change which did not pass. The other items on the agenda relating to Casa Del Mar were moot. F. PROPOSED ORDINANCE NO. 15-002 - FIRST READING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In -Patient) to allow medical uses that provide 24- hour services or treatment. Attorney Cherof read Proposed Ordinance No. 15-002 by title only, on first reading. Motion Commissioner Merker moved to approve Proposed Ordinance No. 15-002. Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Mayor Taylor opened the issue for public hearing. No one came forward. 22 Page 251 of 270 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion MARCH 17, 2015 Commissioner Merker moved to approve Resolution R15-030. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 15- 002 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, including amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new use titled Medical Care or Testing (In -Patient) to allow medical uses that provide 24-hour services or treatment. (TABLED TO 3117115) Motion Commissioner McCray moved to remove Items 13.A and B from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 15-002 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15-002. Commissioner Fitzpatrick seconded the motion. Mayor Taylor was in favor of limiting the use to C-3 zoning. It has been approved by the Planning & Development Board. Staff now recommends C-2 and C-3 too. Vice Mayor Casello was in favor of C-3 and C-2. He was not in favor of the change, but he understood why it was being done. In his experience, Commissioner Fitzpatrick surmised these would all be quiet places. He did not see a problem and noted it was not a sober home. It was highly regulated with 24-hour supervision. It is another storefront. 27 Page 252 of 270 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 Vice Mayor Casello asked why they were all along main roads and why could they not be situated in the CRA district. Mr. Rumpf first explained the regulations do not include in-patient medical care uses except near a hospital and limited to the PUD or PU zoning district. It does consider the impact on lower density areas and the redevelopment area. Compliance with federal laws, ADA and FHA, is an objective. Hospitals have been removed and the PUD zoning district would remain intact. The 100 -foot separation attached to the conditional use requirement was removed and now attached to the 50 -foot setback if not achieved. A waiver provision for the site and operational requirements were added. There is a variation in uses and the provisions may not be necessary. Even though a consolidated plan is being revised, there are some Code provisions that require amendments at this time. The recommendation is to allow them outside the extended core area of the CRA. The objectives are met and there are 30 different parcels or areas that would be eligible for the proposed uses. Five are between one and twelve acres in size. Those parcels are west, along arterial roadways. These would be larger separation regulations. There are 20 parcels or areas in the east and three that are vacant and range between .8 and 1.3 acres. All the properties east are smaller and that is why the west and larger parcels are encouraged. Portions of the CRA are eligible. There would be a case-by-case review of those not meeting the minimum setback standards. It reserves the CRA planning areas which are envisioned for commercial concentrations, slow traffic and pedestrian emphasis. This use would not be a contributing use to a redevelopment area. The fact these facilities operate around the clock, needs different regulations than outpatient medical uses such as a doctor or a dentist office. Many of those offices are located in C-1 zoning districts which are in close proximity to residential or low density areas. The proposed change would avoid the approval process not required of other uses. The individual use characteristic would have to be considered. It would avoid segregating or institutionalizing the uses. In the CRA area the uses in the corridor should engage and contribute to the corridor for shoppers and motorists. If there is a gap or institutional or medical use, it does not have to interact, but it changes the pattern of motorist behavior as well as shoppers. Land use patterns should promote compatibility and harmonious land use relationships. Mayor Taylor opened the issue for public comment. Mark Karageorge, 240A Main Boulevard, agreed the change needs to be in C-3 only, based on the Business Development Board who also feels this should be C-3 only. Staff's original proposal was for the C-3 zoning only, but was changed at the Planning and Development Board level. There was a potential for adverse effect with including 28 Page 253 of 270 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 17, 2015 C-2 and C-1 and the neighboring communities. He urged the Commission to amend the change to C-3 only. The goal is to bring business into the City and there are medical uses throughout the City. The limited use would serve the citizens in a very positive way. Michael Weiner, representing CMG Holdings, 44 East Boynton Beach Boulevard and 450 Boynton Beach Boulevard indicated his client would like C-2 zoning to allow the various uses. It is not just detox. It would include birthing, food disorders, urgent care. His client had plans to build on his property that would be medical oriented with other things. The additional uses are needed to attract additional renters. As a result of the changes it would appear all of Boynton Beach Boulevard from 1-95 east would be excluded. He wanted to make sure a conditional or permitted use would not exclude all of Boynton Beach Boulevard. Mr. Weiner pointed out nothing had occurred along Boynton Beach Boulevard west of Seacrest for almost 20 years and very unlikely in the future. Vice Mayor Casello noted there was a veterinarian facility that is under construction. Commissioner Fitzpatrick asked what commercial districts include doctor offices. Mr. Rumpf replied C-1, C-2, C-3 and C-4 and PCD. He questioned if the area around Bethesda Hospital would be included as written. Mr. Rumpf replied only if the uses were incorporated into the PUD as adjunct to a hospital service. The regulations would not apply since Seacrest is not an arterial roadway, rather a collector roadway. Mayor Taylor commented the City of Boynton Beach was on the leading edge of these types of facilities and going further into other areas would make the City a magnet for these type of operations. He would only support the change if it was limited to C-3. Commissioner Merker stressed it was multi -use medically; therefore, if it was a medical building, the purpose remains to help people and not a sober home. It is appropriate and would serve the community well. Motion Commissioner Merker moved to approve Ordinance No. 15-002 as presented. Commissioner McCray seconded the motion. Commissioner Fitzpatrick clarified these would be along Boynton Beach Boulevard, maybe Gateway, Federal Highway, Woolbright and Congress Avenue. Staff had recommended the change based on logic of zoning. The proposed areas would be least likely to impact adjacent residential properties. 29 Page 254 of 270 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote MARCH 17, 2015 City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Vice Mayor Casello dissenting) B. PROPOSED ORDINANCE NO. 15-003 - SECOND 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; Chapter 3, Article V; Table 2-1 Applications by City Departments; and Table 3-28 Use Matrix (TABLED TO 3/17115) Attorney Cherof read Proposed Ordinance No. 15-003 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15-003. Vice Mayor Casello seconded the motion. Commissioner Merker felt mobile vending machines would downgrade the City. He understood their purpose at events, but not located on private property. It would hurt other area businesses. Commissioner McCray indicated he works in Broward County that has mobile vendors all over and it does not bring down the City. Vote City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Merker dissenting). C. PROPOSED ORDINANCE NO. 15-009 - SECOND READING - Approve amendments to Part II, Chapter 2, Article XII, Section 2-136(b) of the Code of Ordinances entitled "Establishment of Public Art Fee" to include an additional exemption for normal routine maintenance items. Attorney Cherof read Proposed Ordinance No. 15-009 by title only, on second reading. Motion Commissioner McCray moved to approve the Ordinance. Vice Mayor Casello seconded the motion. Vote 30 Page 255 of 270 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 14-047 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: January 21, 2015 RE: Interim LDR Amendments (CDRV 15-001) To include 1) Provisions for the new zoning use Medical Care or Testing (In Patient); 2) Continued codification of the Transit -Oriented Development (TOD) overlay development standards; 3) Amendments to the sign standards applicable to commercial uses in certain M-1 zoning districts; 4) Amendments to sign regulations to facilitate certain improvements to non -conforming signs at shopping centers; and 5) The decrease in parking requirements for hotels. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further items #1 "business and economic development initiatives"; #2 "Advancing sustainability initiatives, and #4 "achieving regulatory compliance", as well as facilitate the physical improvement of the streetscape. t00050878.1 306-9001821 } - I - Page 1356 of 229 1. MEDICAL CARE — IN-PATIENT (ZONING USE) The City's Zoning Regulations accommodate uses that provide medical testing and treatment in the following three general categories; 1) hospitals; 2) medical offices; and 3) imaging, testing and support services. Of the three uses, the only one where in-patient medical care is permitted is hospitals. Hospitals, in summary, are institutional uses providing comprehensive medical treatment and care. Although nursing and convalescent homes provide basic, 24-hour medical care, they are currently labeled a Type 3 Group Home in the City's LDR and function more as permanent or long-term housing for residents/patients rather than a medical service. Until recently there has not been a demonstrated demand for medical services that provide 24-hour care to patients. However, in response to the recent demand -for services that provide 24-hour care, treatment and/or testing pertaining to sleep apnea, eating disorders, labor and delivery, hospice care, and substance abuse, staff has analyzed the zoning regulations and proposes amendments to address this deficiency by accommodating these uses as well as other excluded businesses that similarly provide overnight medical care and treatment. The definition of "Hospital" is currently indicated in the LDR (Chapter 1, Article II) as: An establishment typically referred to as an institution (excluding "Group Home, Type 4') that provides comprehensive, inpatient and outpatient healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation and treatment services, as well as other specialized services ranging from bariatrics to wound care. This use would also include accessory meeting/conference facilities, limited retail sales, and administrative offices. Most significant to this analysis is that Hospitals are limited to the Public Usage (PU) Zoning District. The PU Zoning District is a unique district defined to "apply to those areas within the city whose ownership and/or operation is public, or whose use is primarily institutionally -oriented. When we think of "institutional" uses, we typically consider those uses that are public or public/private in nature and that engage in public service such as schools, places of worship, lodges and charitable organizations, government -operated facilities, and hospitals. Historically, communities would have only one hospital, which corresponded with a unique and tailored zoning district appropriate for the scale of the use, size of property affected, and surrounding land uses. However, given the number and variety of possible medical uses that similarly provide services around-the-clock, and the unique and limited locations of the PU Zoning District, other appropriate zoning districts should be considered that match the type of intensity and locational requirements of these medical uses. The proposed amendments to the zoning regulations are intended to ensure that the City's zoning regulations are defensible, by not unjustifiably zoning out certain uses, and more importantly, maintaining compliance with the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). In general, both acts prohibit discrimination against the "handicapped" or "disabled". Of course the FHA emphasizes the access to housing, and t00050878.1 306-9001821 } Page E350 of 229 the ADA targets access to services, programs, or activities of a public entity. Most relevant to this code review and analysis are the following points: • The application or coverage of the ADA and FHA was expanded so that "physical or mental impairment" includes alcoholism and drug addiction, and expanded to also apply to those businesses providing related services and treatments; • Zoning is an activity specifically referenced in the Technical Assistance Manual for the ADA in discussing this function and its importance to be monitored for compliance with the ADA and FHA; • Zoning that does not regulate equitably those uses with like characteristics and purposes, which affect handicapped individuals, could raise concerns under the ADA and FHA; and • When zoning fails to allow the integration of handicapped individuals into society, such as a when zoning narrowly classifies drug and alcohol treatment facilities as "institutional" while simultaneously excluding them from districts that allow related or similar medical businesses and services, such zoning could impede the integration expectation of the ADA and FHA. Therefore, staff proposes the subject code amendments that have identified several uses currently excluded from the zoning regulations that provide 24-hour patient care and treatment. The proposed changes also provide the necessary definition for said uses; identify the zoning districts appropriate for such intense medical uses; and include additional location standards and operational requirements to ensure land use compatibility and adherence to proper review processes. Definitions (LDR, Chapter 1, Article 11): Medical Care or Testing (In patient) A facility, including emergency clinics and hospitals, which are open 24 -hours per day or provides 24-hour healthcare, treatment, and/or examinations, typically requiring overnight stays, and are based either on emergency, planned, or scheduled admittance to facilities with controlled and secured access to ensure appropriate care of patients. Such facilities include: • Hospitals licensed pursuant Chapter 395, Florida Statutes; • Alcohol or chemical dependency treatment centers licensed pursuant to Chapter 397, Florida Statutes; • Mental health treatment facilities licensed pursuant to Chapter 394; Florida Statutes • Urgent care centers (24-hour); • Inpatient testing services such as sleep disorder centers; • Birth centers licensed pursuant to Section 383.305; Florida Statues; • Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues; • Eating disorder treatment centers; and t00050878.1 306-9001821 } -3 - Page 1358 of 229 • Nursing homes and physical rehabilitation centers licensed pursuant to Section 400.062, Florida Statutes. Additionally, the subject amendments warrant other modifications to the definitions, as shown below in underlined and crossed -out text: • Hospital - , . see Medical Care or Testing (In- ap tient); • Medical or Dental Imaging/Testing/Support Services(Out patient); • Medical or Dental Office (Out-patient) A facility or clinic operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis including intensive outpatient treatment. Images, body fluids or other...... ; • Mental Health and Substance Abuse see " Medical Care or TestiW (Inpatient Zoning Matrix (LDR, Chapter 3, Article IV, Section 3.D.): See Exhibit "A" for an excerpt of the Zoning Matrix with the proposed changes shown in underlined and crossed -out text. The proposed new use is seen added to the matrix, to be a permitted use in the C-3 (Community Commercial), PCD (Planned Commercial Development) and PU (Public Usage) Zoning Districts. The C-3 Zoning District is the most intensive commercial district in the City's Zoning Regulations based on typical project size (i.e. land area and square footage) and customer traffic, and is intended to accommodate large commercial centers located with direct access from arterial roadways. Distances to residential areas are typically greatest, and design and buffering requirements are intended to match the scale of the project and mitigate impacts upon adjacent properties. The C-1, C-2, and C-4 Districts are not appropriate given the intense nature of such businesses, the need for greater land area than the minimum size required by the zoning districts, and need for appropriate separation from residential areas. Whereas the C-1 (Office Commercial) Zoning District accommodates offices including medical and dental offices, this district is often considered a "transitional" zone between residential zoning districts and more intense commercial land uses given its compatibility with residential environments due, in part, to the limited hours of business operation and locations along the periphery of residential neighborhoods. Similarly, the C-2, (Neighborhood Commercial) Zoning District is to be compatible in scale and operation with residential zoning districts, and in fact is intended to be located in close proximity to residential land uses to facilitate access to convenient retail goods and services. The C-4 District would t00050878.1 306-9001821 } Page 1359 of 229 also be inappropriate for such uses given the smaller parcels that comprise most of the existing C -4 -zoned properties, and their close proximity to local streets and residential areas. The PCD District corresponds with the C-3 District with the principal difference being the requirement for a master plan as part of the rezoning process. Additional changes to the matrix would also include adding the same "(Out-patient)" description to the "Medical or Dental Office" use title, the individual "Hospital" use item currently in the matrix would be removed, and an unrelated change but necessary for consistency in the matrix is the addition of a "P" and footnote "#22" to the "Counseling" use item to allow such uses within the M-1 District similar to the treatment of general business offices if, in part, they are located along an arterial roadway. Zoning Matrix Notes (LDR, Chapter 3, Article IV, Section 3.D.): Existing Notes: No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if located within �we one hundred (2" 100 feet from a residential zoning district or mixed use zoning district." No. 14. (to remain unchanged) The subject use is only allowed on a lot that fronts on an arterial or collector roadway street as defined in Part III, Ch. 1, Art. 2 of the LDR under definitions for "Street -Arterial" and "Street -Collector". The following amendment is an unrelated, "house -keeping" amendment intended to remove the cap on maximum seats, with maximum floor area remaining to achieve the intended objective of limiting eligible sites to quick turn -over, convenience retail. No. 58. Restaurant. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) cant ins - v,,.:,v,, )f t-welve-O seats; 4 3) excludes a drive -up, drive-through, or drive-in facility; and -5 4) complies with all off-street t00050878.1 306-9001821 } Page 660 of 229 parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. New Notes: No. 101. Medical Care or Testing (In-patient) Other requirements and site standards: a. Minimum building setback shall be 50 feet when abutting a residential or mixed use zoning district to enable proper site design regarding secured access, private outdoor batron amenities. buffering_ etc.: b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property, c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase brivacv of areas intended for client or batient use. d. Permitted locations shall exclude the Community Redevelopment Area to limit the CRA to those complimentary uses available to the public and which contribute to the synergy of successful downtown commerce pursuant to an applicable redevelopment plan. No. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non -conforming uses. However, rn j or modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 2. TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS) The proposed amendments would further the codification of TOD regulations that commenced in 2013, and continued in 2014 with the establishment of a Downtown Transit -Oriented Development District within the Comprehensive Plan. Specifically, the proposed amendments would implement Future Land Use Element Policy 1.18.1, which established a Downtown TOD District, and Policy 1.18.2.b, which allows twenty five percent (25%) density increase for selected future land use classifications within the District. For the past eight years, the City has been participating with the Florida Department of Transportation (FDOT) and other agencies to expand the Tri -Rail commuter system to include new service on the FEC Railroad. The expanded service, named the "Tri -Rail Coastal Link," would add a series of new passenger rail stations on the FEC Railroad in t00050878.1 306-9001821 } Page 663 of 229 Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. FDOT and its transportation partners, including the South Florida Regional Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast Regional Planning Council (TCRPC), have all prioritized the need to improve land development patterns in advance of station development for the following reasons: (1) transit -oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park -once environment, which reduces vehicular demand on the roadway network, further improving efficiency and reducing carbon emissions. The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2) walkability and interconnectivity throughout the area; and (3) a mix of uses appropriate to the service and area. In June of 2013, the City Commission approved amendments to the Land Development Regulations to create provisions for TOD and the corresponding standards in the mixed use zoning regulations, including the minimum density and intensity standards for mixed use districts within the Transit Core and the Station Area, defined as a'/4 mile and'/2 mile radius around the future station, respectively. The Comprehensive Plan policies adopted in 2014 gave a broad support to these regulations. First, they established a Downtown TOD District with boundaries coinciding with the Station Area. In addition, they instituted a density increase of up to twenty five percent (25%) for projects located within the District and classified Special High Density Residential, Mixed Use or Mixed Use -Core Future Land Use. The amendments increased maximum densities for these Future Land Use categories to twenty five (25), fifty (50) and one hundred (100) dwelling units per acre, respectively. Currently, the total number of units within the District is estimated at about 3,100, resulting in the gross area -wide density of 7.027 dwelling units per acre. The Community Center station, a model for the Boynton Beach Downtown TOD District, stipulates optimal densities between 11 and 16 dwelling units per acre. (The density of 11 dwelling units per acre corresponds to 4,862 units in the subject area). The proposed amendment would potentially help to reach this desirable threshold. Significant areas east of the FEC Railroad right-of-way are already classified as either Mixed -Use Core or Mixed Use (see Exhibit A) and more are targeted for higher density and intensity mixed-use development both east and west of the tracks. There are no properties currently classified as Special High Density Residential within the District, but some may be reclassified to this category in the future. t00050878.1 306-9001821 } Page 662 of 229 3. AMENDMENT TO SIGN STANDARDS APPLICABLE TO COMMERCIAL USES IN CERTAIN M-1 ZONING DISTRICTS This proposed amendment would allow maximum sign area for commercial uses proposed in the M-1 zoning district that are located along arterial and collector roadways, to be based on the ratio applicable to the commercial zoning district rather than the industrial (M-1) zoning district. Staff is recommending a "cleanup" of the sign code regulations applicable to those areas of the M-1 (Industrial) zoning district located on road rights-of-way in which non- industrial uses are allowed. Based upon the M-1 Corridor Study conducted several years ago, in an effort to create an improved visual image of industrial zoned properties abutting major thoroughfares within the City, the allowed uses were expanded to accommodate limited office and commercial type businesses. However, at the same time, the sign regulations were not updated to reflect this expanded use list. Office and retail properties are allowed a maximum wall signage allocation based upon the lineal front footage of the building/tenant space, multiplied by a factor of 1.5. For example, a tenant with a 30 foot front lease space would be allowed up to 45 square feet of wall signage (30 LF X 1.5 SF = 45 SF). However, industrial zoned properties are limited to one (1) square foot of wall signage based upon the front footage calculation, due to their typical locations along roadways of lower classification and traffic, such as local and collector streets. Using the same example as above (30 LF X 1.0 SF = 30 SF), the amount of wall signage is reduced by one-third. Since it is generally recognized that office and commercial tenants rely more heavily on signage than industrial businesses, due to customer traffic, and locations along roads with higher classification and design speeds, it seems appropriate that the sign regulations be updated to reflect the fact that non- industrial uses are now allowed on major thoroughfares in the industrial zoning district, and that such uses be afforded the same signage allotment as other office and retail businesses on the same corridor. This amendment would allow the limited list of non- industrial businesses accommodated on an arterial roadway within the M-1 zoning district to utilize the same signage calculation as office and commercially -zoned properties. 4. REGULATING OF NON -CONFORMING SIGNS AT SHOPPING CENTERS TO BENEFIT PHYSICAL APPEARANCE AND ECONOMIC DEVELOPMENT. The proposed amendments would increase flexibility in altering a non -conforming sign at a commercial shopping center for the purpose of accommodating additional tenant space, as long as the modifications would not worsen the magnitude of non -conformity, and result in some physical improvement to the design of the sign. The City has a number of nonconforming pole signs throughout commercial zoning districts, mainly located at the larger retail centers. Pole signs are tall signs, typically supported by one or more poles/posts, which provide a list of tenants within the shopping center. When the majority of these shopping centers were constructed, poles signs were a t00050878.1 306-9001821 } - 8 - Page 663 of 229 permitted type of sign and the code at that time allowed sign heights up to 20 feet, regardless of property size and roadway classification. As a result, these signs continue to be maintained by the center owners in order to maintain the height and visibility the signs afford. Current sign regulations require these types of signs to be Monument Signs, which are defined as signs mounted to the ground or pedestal/foundation, completely along the bottom of the cabinet/sign. Monument signs are limited to a maximum of 12 feet in height, which is typically about one-half the height of the pole signs in existence today. Therefore shopping center owners make every attempt to maintain their existing signs, concerned that removal due to maintenance or damage may result in diminished visibility and advertising associated with a new code -compliant sign. The Nonconforming Signs portion of the code does not allow signs to be modified except for re -lettering or change of sign copy, unless the modification brings the sign into compliance with the sign code. While staff has permitted typical maintenance such as color changes or adding minor architectural enhancements that do not further the nonconformity, and in many cases lessen the nonconformity and enhance the appearance, there are few other changes that are allowed to these signs. Because many of the shopping centers have grown over the years, added outparcels or attracted well known national tenants that require larger signage in their leases, sign cabinets were added/modified over the years (when the signs were still deemed conforming), which has resulted in a hodge-podge, less than desirable appearance of these signs. Many times the center owners are the first to acknowledge this and desire improvements, but the code will not permit the structural modifications necessary to improve the design because of the nonconforming status. Over the last several years, a number of shopping centers have undergone major renovations and only minimal work could be permitted on these pole signs. Staff proposes to modify the Nonconforming Signs section of the Land Development Regulations (LDR) with the objective to allow certain modifications to nonconforming signs that would improve the image along the rights-of-way without worsening nonconformities. Staff recommends that wording be added to this section of the LDR to allow modification of nonconforming pole signs at shopping centers, when regulated by, or to be regulated by a Sign Program, as long as the mass of the sign structure is not increased (i.e. height, length, and width). Such work may be structural in nature and may involve removal/replacement of sign cabinets. The sign owner would be required to make improvements that bring the sign structure(s) further into compliance with current sign regulations and shall, under no circumstance, worsen the nonconformity. The Nonconforming Signs section of the code already allows repairs to damaged signs up to 50% of the original cost of the sign, so it is logical to allow the owner to make aesthetic enhancements to these signs, again, as long as the mass of the sign structure is not increased. Staff firmly believes these signs are not going away, unless removed by a hurricane or other destructive force, therefore we believe additional latitude is necessary to improve their look and the image of the City. t00050878.1 306-9001821 } Page 669 of 229 As part of these regulations, and as further incentive for shopping center owners to upgrade their signs, staff recommends wording that would change the allowed amount of repair of these renovated signs from the current language of "50% of original cost of the sign construction" to read "50% of the value of the upgraded sign". As part of the above discussion, staff envisions another opportunity to address the visual quality of these nonconforming signs and at the same time further economic development efforts to bring more and larger tenants to shopping centers experiencing vacancies. As noted previously, one of the key points in lease negotiations with prospective tenants is the amount and location of their signage, in order to gain maximum visibility. In many instances, this older shopping center sign is completely filled with tenant signage leaving no space on the sign for new, larger and/or potentially beneficial tenants . Most leases clearly denote the amount and location of signage granted to each tenant. Unless existing tenants are willing to modify the language within their leases, the prospective tenant will look elsewhere, possibly outside the City. Therefore, staff proposes to allow additional tenant signage on these nonconforming structures, again under the same requirements as noted above that requires approval of a Sign Program to support the proposed modifications as well regulate all other signage for the project, and results in the overall aesthetic improvement of the sign as reviewed and approved through the City's site plan amendment process. Staff does not envision these regulations being applied to single tenant property signs, as they tend to be of a smaller scale (only one tenant panel versus several) and less costly to replace. Therefore, staff recommends no further changes regarding the single tenant signs, but remains open to further review in the future. 5. MINIMUM PARKING REQUIREMENTS FOR HOTELS The purpose of this proposed amendment is to lower the minimum parking ratio for hotel rooms to better reflect actual demand as justified by the parking requirements of several other cities, as well as the user characteristics at a hotel located in the City. The proposed minimum parking ratio would minimize the construction of unnecessary impervious areas of a project and therefore support the City's green initiatives. Staff has been made aware that our parking requirements for hotels outside the Mixed Use High (MU -H) district are greater than nearly all other communities. Staff has taken pride in the fact that we have been able to reduce unnecessary parking for many uses, created overlay areas where parking requirements have been reduced and designed code language to cap maximum parking, all in an effort to preserve more green space/pervious area on site and reduce development costs. Reducing parking requirements furthers Green Initiatives championed by the City Commission and the leadership team. The City Code requires one and a quarter (1.25) parking spaces per a one bedroom hotel room and two (2) parking spaces per two bedroom hotel room, other than in the Mixed Use High (MU -H) zoning district (downtown), in which the requirement is one (1) t00050878.1 306-9001821 } - 10 Page 665 of 229 parking space per hotel room, regardless of the number of bedrooms. Staff reviewed the parking codes of twenty-five (25) cities within Palm Beach County and the State and various counties within the State. The results indicated that none of those surveyed differentiated between one and two bedroom hotel rooms, likely due to the fact that most occupants arrive in one vehicle, such as a family on vacation, therefore making the required second parking space unnecessary. The survey also noted that only one jurisdiction, Volusia County, required a parking ratio in excess of 1.25 parking spaces per hotel room (1.5). Nineteen of the twenty-five surveyed required 1.0 parking space or fewer, with the majority of those also requiring additional parking for employees and/or meeting space. Staff conducted an analysis utilizing a recently approved hotel (Towne Place Suites in Quantum Park) for the scenarios, calculating parking based upon the various formulas of the surveyed jurisdictions. Our code as currently written requires 151 parking spaces for the project. Only two (2) of the twenty-five (25) jurisdictions required more parking (159 and 156 parking spaces). The mean parking requirement averaged out to 137 parking spaces. Had this project been constructed in the City of Delray Beach, their code would have required only 97 parking spaces. In determining the mean average, staff discarded the two highest parking requirements (159 & 156) and the three lowest (83, 97 & 97) to provide a fair and more accurate portrayal of the median numbers. As a result of this analysis, staff believes our requirement for a separate parking calculation for the two (2) bedroom hotel room to be unnecessary and unjustified. Staff recommends the code be modified to a single calculation of 1.25 parking spaces per hotel room, which would have resulted in 145 parking spaces required in the above scenario, instead of 151 for the 116 unit hotel. This calculation is still higher than the mean number of 137 from the study, and would more than account for employees and social functions. This recommendation is based upon survey results treating all hotel units identically with a single parking calculation, regardless of the number of bedrooms, the fact that our minimum parking requirement exceeded nearly all others surveyed, and that the proposed amendment furthers the City's Green Initiatives. Staff additionally recommends an amendment to the code to address a hotel that has an internal restaurant or lounge open not only to the guests, but to the general public. In these instances, staff would recommend that parking be provided for those uses open to the general public at a rate of 50% of their requirement of a standalone operation. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed amendments. Overall, these amendments are intended to achieve regulatory compliance, promote Transit Oriented Development, encourage/promote business/economic development by allowing businesses that otherwise may be discouraged from finding suitable locations in the City, maximize compatibility among land uses and improve the aesthetics of the streetscape. Attachments S:APLANNING\SHAREDAWP\SPECPROJACODE REVIEWAIN-PATIENT MEDICAL CARE\STAFF REPORT - COMBINED TEXT ITEMS.DOCX t00050878.1 306-90018211 - 11 - Page 666 of 229 13.C. LEGAL 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: Christopher Yesnick , Plaintiff vs City of Boynton Beach, Defendant - Case No. 50 2012 CA 018742 XXXX MB AJ EXPLANATION OF REQUEST. City Attorney James Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo9, Special Counsel Lyman Reynolds, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private attorney-client session will be set at the December 1, 2015 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Memo REVIEWERS: Description Memo requesting Closed Door session Page 267 of 270 Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 11/24/2015 - 11:09 ANA 11/24/2015 - 12:41 PPA 11/24/2015 - 2:40 PPA Page 268 of 270 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney Tracey DeCarlo, Assistant City Attorney DATE: November 24, 2015 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. CHRISTOPHER YESNICK, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant —Case No. 50 2012 CA 018742 XXXX MB AJ I will be in attendance along with Assistant City Attorney Tracey DeCarlo, Special Counsel Lyman Reynolds, Esquire, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private attorney-client session will be set at the December 1, 2015 City Commission meeting. JAC11ms C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\68F6730B-8603-4581-BA90-DF03COA473A2\Boynton Beach. 2252.1.Request_For_Ex_Session_-120115_(Yesn ick). Doc Page 269 of 270 14.A. FUTURE AGENDA ITEMS 12/1/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/1/2015 REQUESTED ACTION BY COMMISSION: Review and appoint accordingly applications received for the CRA Advisory Board with the annual board appointments - December 15, 2015 EXPLANATION OF REQUEST: Commission to review applications received for the CRAAdvisory Board and appoint accordingly at the same meeting that annual board appointments are made. Applications for the CRAAdvisory Board will be accepted until positions are filled. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 11/20/2015 - 10:36 AM Page 270 of 270