City of West Palm Beach City Commission DRAFT AGENDA. July 31, :00 P.M.

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1 City of West Palm Beach City Commission DRAFT AGENDA July 31, :00 P.M. IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY CLERK'S OFFICE, 401 CLEMATIS STREET, WEST PALM BEACH, FLORIDA 33401, {(561) } MAYOR GERALDINE MUOIO CITY COMMISSION PRESIDENT CORY NEERING COMMISSIONER SYLVIA MOFFETT COMMISSIONER KEITH JAMES COMMISSIONER PAULA RYAN COMMISSIONER SHANON MATERIO ADMINISTRATION CITY ADMINISTRATOR, JEFFREY GREEN CITY ATTORNEY, KIMBERLY ROTHENBURG CITY CLERK, HAZELINE CARSON CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE:

2 DRAFT CITY COMMISSION AGENDA Page 2 CIVILITY AND DECORUM: The City of West Palm Beach is committed to civility and decorum by its officials, employees and members of the public who attend this meeting. The City Code, Secs. 2-31(8), 2-31(18) and 2-31(22), provides in pertinent part: Officials shall be recognized by the Chair and shall not interrupt a speaker. Public comment shall be addressed to the City Commission as a whole and not to any individual on the dais or in the audience. Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted. Offenders may be removed from the meeting. ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA: RECEIVED / FILED: CONSENT CALENDAR (1 11): 1. City Commission approval is requested for the Mayor's reappointment of Dr. Bernand Kimmel to the Golf Course Advisory Committee for a term of three years (3) to expire July 18, Dr. Kimmel has served over the maximum allowed number of terms (3) and it is required that the City Commission confirms his reappointment. Agenda Cover Memorandum No.: Approve reappointment. 2. City Commission approval is requested for the Mayor's reappointment of Jack Frost to the Police Pension Board of Trustees for a term of four years (4) to expire October 1, Mr. Frost has served over the maximum allowed number of terms (3) and it is required that the City Commission confirms his reappointment. Agenda Cover Memorandum No.: Approve reappointment. 3. City Commission approval for the Mayor's reappointment of Lewis Crampton to the Sustainability Advisory Committee for a term of two years (2) to expire on July 20, Mr. Crampton has served over the maximum allowed number of terms (3) and it is required that the City Commission confirms his reappointment. Agenda Cover Memorandum No.: 21484

3 DRAFT CITY COMMISSION AGENDA Page 3 Approve reappointment. 4. Resolution No (F) amends the personnel detail of the Finance Department's budget by eliminating one (1) full time vacant Secretary position and adding one (1) full time Administrative Assistant position. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE GENERAL FUND BUDGET FOR THE PURPOSE OF AMENDING THE FULL TIME EQUIVALENT (F.T.E.) PERSONNEL DETAIL OF THE FINANCE DEPARTMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F). A Secretary position in the Finance Department recently became vacant The current vacant position needs to be changed to more appropriately match the knowledge, skills, and abilities required for current and future administrative support tasks and projects as directed by the Chief Financial Officer. The Finance Department has sufficient available budget to cover the additional salary for the remainder of the fiscal year due to other personnel vacancies of the City. Fiscal Note: No fiscal impact. 5. Resolution No (F) amending the personnel detail of the Stormwater and the Water and Sewer Operating Fund budgets and Resolution No amending the City's Salary Plan for FY RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, TO AMEND THE FULL TIME EQUIVALENT (F.T.E.) PERSONNEL DETAIL OF THE STORMWATER AND WATER AND SEWER OPERATING FUND BUDGETS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CITY S CLASSIFICATION AND SALARY PLAN AS PROVIDED IN RESOLUTION NO AND APPROVED ON SEPTEMBER 26, 2016, TO CREATE THE JOB CLASSIFICATION OF PUBLIC UTILITIES ELECTRICAL OPERATIONS MANAGER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21492

4 DRAFT CITY COMMISSION AGENDA Page 4 Approve Resolution No (F) and Resolution No Resolution No (F) amends the full time equivalent budget (FTE) of the Department of Public Utilities by eliminating one (1) Utilities Maintenance Worker (UMW) III position and adding one (1) Public Utilities Maintenance Leader position in the Stormwater Drainage division; by deleting one (1) Maintenance Supervisor position and adding one (1) Public Utilities Electrical Operations Coordinator position in the Water and Sewer Water Treatment Plant division; and by eliminating two (2) Utilities Maintenance Worker III positions in the Water and Sewer Sanitary Collection division. The basis for the aforementioned changes include but may not be limited to the following. Public Utilities (PU) currently utilizes three levels of UMW classifications, UMW I, II, and III. PU is gradually moving away from utilizing the UMW III classification to instead allow promotional opportunities ascending from the UMW I to UMW II to a Utilities Maintenance Leader (UML) classification directly thereafter, in place of the current UMW III classification. This refinement in classifications is being effected to more accurately reflect the skill sets needed and to better meet the operational needs of the Stormwater and Collection divisions. There will be set number of UML positions for each division (which may be filled to various levels depending on need), and the employees will continue to have promotional opportunities in the UML and other classifications throughout PU. With respect to the newly created position of Public Utilities Electrical Operations Coordinator, Public Utilities currently requires having a journeyman electrician license for certain of its positions without requiring the same license of the supervisor overseeing such licensees. Creating the Public Utilities Electrical Operations Coordinator position and requiring as a qualification that the occupant have a journeyman's license will maximize the capability of such person to oversee his or her subordinate's work in the delivery of services. Resolution No creates the job classification of Public Utilities Electrical Operations Coordinator. This job classification will be allocated at pay grade 59 with an annualized salary range of $52,264 - $83,171. Fiscal Note: No fiscal impact. 6. Resolution No authorizing $35, settlement reached in the workers' compensation claim of Curtis Kelly Jr. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING A SETTLEMENT AGREEMENT REACHED IN THE WORKERS' COMPENSATION CLAIM OF CURTIS

5 DRAFT CITY COMMISSION AGENDA Page 5 KELLY JR; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Mr. Curtis Kelly Jr. was a maintenance worker who was injured in a work related injury on or about August 19, An agreement has been reached with Mr. Kelly Jr. to resolve his workers' compensation claim for $35, thereby ending future medical exposure to the City of West Palm Beach. 7. Resolution No approving additional scope of work to the proposed renovation at the existing zoo entrance, to be completed by the Palm Beach Zoo within its leased premises located at 1301 Summit Boulevard. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING ADDITIONAL SCOPE OF WORK TO THE RENOVATIONS PROPOSED AT THE EXISTING ZOO ENTRANCE, BY THE PALM BEACH ZOO WITHIN ITS LEASED PREMISES LOCATED AT 1301 SUMMIT BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No On July 21, 1969, the City of West Palm Beach entered into a lease agreement with the Zoological Society of The Palm Beaches, Inc. (the "Zoo"), leasing a portion of Cityowned property within Dreher Park, located at 1301 Summit Boulevard, for the construction, operation, and maintenance of a zoo facility. As amended and restated from time to time, the lease agreement between the City and the Zoo requires that individual structures or improvements in excess of $5,000 are to be submitted to the City Commission for prior approval as such improvements would occur on City-owned property. On February 27, 2017, the City Commission approved Resolution No , authorizing improvements to the existing zoo entrance, lorikeet exhibit, precinct entries, ocelot overlook, pioneer house, and monkey exhibit. Now the Zoo desires to expand the scope of the work for the improvements to the Zoo entrance to include: sculptural walls along East and West sides of the entry plaza; runnel/water feature and aquatic garden on the West side of the entry plaza and to change

6 DRAFT CITY COMMISSION AGENDA Page 6 the construction method of the approved curved bench located South of the entrance plaza to be cast in place / pre-cast concrete wall. Such additional work is in excess of $5,000; accordingly, City Commission approval is required. Before commencing the improvements, the Zoo shall provide the City s Risk Manager with certificates of insurance evidencing that any contractor(s) performing the Improvements carries appropriate insurance and names the City as an additional insured. Resolution No approves the additional improvements to the Zoo's entrance. 8. Resolution No authorizing the assessment of city liens in the total amount of $32, for unpaid water service, sewer service, and stormwater service charges for the month of April A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING AN ASSESSMENT OF CITY LIENS FOR UNPAID WATER SERVICE, SEWER SERVICE, AND STORMWATER SERVICE; PROVIDING THAT SAID LIENS SHALL BE PRIOR IN DIGNITY TO ALL OTHER LIENS AGAINST THE ASSESSED PROPERTIES, SAVE AND EXCEPT A LIEN FOR TAXES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No In accordance with the Code of Ordinances of the City of West Palm Beach, Florida, 2003, Sections 90-4 and 90-5, the City imposes liens on private real property for delinquent payments due for utility services. The liens to be assessed by Resolution No are for unpaid water service, sewer service, and stormwater service charges for the month of April The list of properties to be assessed and the associated charges totaling $32, are attached to Resolution No as EXHIBIT A - Utility Lien List - April If not paid, these liens may be foreclosed by the City. Fiscal Note: No fiscal impact. 9. Resolution No (F) amending the General Fund Budget to provide appropriations in the amount of $85,000 for Police Department office space renovations; paving of the evidentiary traffic impound lot; and to puchase munition launchers. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF CITY FUNDS IN FISCAL YEAR 2017 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY

7 DRAFT CITY COMMISSION AGENDA Page 7 CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA FOR THE PURPOSE OF AMENDING THE GENERAL FUND BUDGET TO PROVIDE FOR RENOVATIONS OF OFFICE SPACE WITHIN THE POLICE DEPARTMENT AND THE PAVING OF THE EVIDENTIARY TRAFFIC IMPOUND LOT AND THE PURCHASE OF LESS LETHAL MUNITION LAUNCHERS. Agenda Cover Memorandum No.: Approve Resolution No (F). An analysis of anticipated needs for Fiscal Year 2017 was done and the department recognized savings and funds that will not be used as budgeted due to staffing and training changes and Police physicals now provided at the City Clinic. Savings will be recognized for New Hire Physicals $30,000, Travel $20,000, Training, $30,000, and Books and Memberships $5,000, for a total of $85,000. Budget is needed to fund office space reorganization, the purchase of seven (7) Less Lethal munition launchers, and for paving the Traffic Impound Evidentiary lot. The Police Administrative changes include office moves and reorganization of the Fiscal, Records and IT sections of the Police Department, adjusting office space to meet the paperless environment and facilitating the organization of a cohesive Community Response Division. Dividing the Records Section will provide for relocation and consolidation of the Police Department s IT staff. Moving the Fiscal Services Staff from their existing space will facilitate the coordination and work flow of the Community Response Division which is currently scattered throughout the first floor. This project will replace a previously submitted Capital Improvement Project request. Funds are requested in the amount of $42,700 for materials and $17,100 for the design and installation costs for a total of $59,800. Less lethal munition launchers are used as an alternative to deadly force in a variety of circumstances when feasible. Our current need is to purchase seven (7) additional less lethal munitions launchers for better deployment in supervisor vehicles to help insure these alternatives are readily available when needed by officers in the field when dealing with rapidly evolving situations. Total funding request is $10,200. The Traffic Impound Evidentiary lot has been out of service since Internal Audit brought forth deficiencies with its operation. In order to put the storage lot back into service, some type of paving is required. Fifteen thousand dollars will provide the funding required for paving the lot with asphalt millings and preparing it for operation (in addition to the fence repair, lighting, alarm and surveillance cameras that have already been installed). Total funding request for the storage lot with asphalt millings is $15,000. Fiscal Note: No fiscal impact.

8 DRAFT CITY COMMISSION AGENDA Page Resolution No authorizing an Agreement between the City of West Palm Beach and the Boca Raton Police Department for Interagency Agreement Regarding Interface for Criminal Justice Systems. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AN INTERAGENCY AGREEMENT REGARDING INTERFACE FOR CRIMINAL JUSTICE SYSTEMS BETWEEN THE CITY OF BOCA RATON AND THE CITY OF WEST PALM BEACH; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The Florida Interlocal Cooperation Act of 1969 authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage. The West Palm Beach Police Department and the Boca Raton Police Department, by and through the governing bodies of their municipalities, have entered into separate agreements with the Florida Department of Law Enforcement to govern the storage and access to Criminal Justice Information. The West Palm Beach Police Department and the Boca Raton Police Department wish to share access to their respective Record Management Systems data for law enforcement purposes. Resolution No approves an agreement with the City of Delray Beach to address the terms for sharing access to each Department's respective Record Management Systems for law enforcement purposes. Fiscal Note: No fiscal impact. 11. Resolution No regarding the approving Amendment No. 7 to the Utility Work Agreement with FDOT to increase the reimbursement to the City for the costs of utility relocation in connection with the FDOT Northwood Rail Connection Project; and Resolution No (F) recognizing the additional reimbursement and appropriating the funds for the project. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AMENDMENT NO. 7 TO THE UTILITY WORK AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE CITY S UTILITY RELOCATION IN CONNECTION

9 DRAFT CITY COMMISSION AGENDA Page 9 WITH THE FDOT NORTHWOOD RAIL CONNECTION PROJECT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO (F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2016/2017 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE WATER & SEWER RENEWAL & REPLACEMENT FUND BUDGETS TO PROVIDE APPROPRIATIONS TO COMPLETE THE NORTHWOOD RAIL UTILITY RELOCATION PROJECT AND THE RECOGNITION OF THE FDOT CONTRIBUTION TOWARDS THE PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No and Resolution No (F). The Florida Department of Transportation (FDOT) received a federal grant to accomplish the Northwood Rail Connection project. The project will better link South Florida's two (2) major freight rail corridors to improve freight and passenger connectivity. The FDOT work involves rehabilitation of the existing tracks (Phase 1A) and construction of new tracks (Phase 2). The construction for the track work in Phase 1A by FDOT is currently underway. Construction of Phase 2 is planned for early The FDOT project area is generally bounded to the north and south between 23rd Street and 28th Street, and to the east and west by the CSX and FEC Railways. Within the track corridor of Phase 1A, the City s existing utilities (water, sanitary sewer, and stormwater) is in conflict with the proposed track work by FDOT. The City is required to complete the relocation of its utilities prior to start of the track work by FDOT. Costs associated with its relocation (design and construction) are reimbursable by FDOT, pursuant to Florida Statutes, Section A Utility Work Agreement (FDOT Participating in Expense) between the City and FDOT ("UWA") and subsequent Amendments provided that FDOT shall reimburse the City the design and construction costs associated with the relocation of City's utilities. The relocation of City's utilities within Phase 1A was fully completed in January The reimbursement commitment by FDOT in connection with Phase 1A (Amendment Nos. 1 through 6) is summarized below: --Pursuant to Resolution No , UWA was authorized on October 27, 2014 for cost relating to the design phase services in the amount of $175, with the City s construction deadline of July 31, 2015.

10 DRAFT CITY COMMISSION AGENDA Page 10 --Pursuant to Resolution No , Amendment No. 1 was authorized on March 16, 2015 for cost relating to the contractor's pre-construction phase services in the amount of $43, Pursuant to Resolution No , Amendment No. 2 was authorized on April 13, 2015 for cost relating to the construction phase services (construction administration and inspection services) which included a 30-day extension to the City's utility construction deadline to August 31, 2015 in the amount of $120, Pursuant to Resolution No , Amendment No. 3 was authorized on May 11, 2015 for the construction cost in the amount of $2,800, including an execution of a Subordination of City Utility Interests by the City for the future track crossings in Phase 2. --Pursuant to Resolution No , Amendment No. 4 was authorized on July 20, 2015 to correct a math error and to correctly reflect the maximum total estimated project cost reimbursable to the City by FDOT to date in the amount of $3,138, (including Amendment Nos. 1, 2, 3 and 4) --Pursuant to Resolution No , Amendment No. 5 was authorized on August 17, 2015 for a 30-day extension to the City's utility construction deadline from August 31, 2015 to September 30, Pursuant to Resolution No , Amendment No. 6 was authorize on December 5, 2016 for an extension to the deadline for the City's utility construction to December 31, 2018 to allow for the completion of the utility relocation within Phase 2 of the FDOT project track corridor. Amendment No. 7 to the UWA will increase amount to be reimbursed to the City for the City's cost for utility relocation in Phase 2. The maximum total estimated project cost reimbursable to the City by FDOT to date (including Amendment Nos. 1 through 7) is $6,053, (including contingency). Resolution No approves Amendment No. 7 and authorizes the execution of the Amendment and ancillary documents. Resolution No (F) appropriates $3,108,200 for the estimated cost of the construction phase of the project which includes a construction contingency ($1,064,439 Water and $2,043,761 Sewer). Fiscal Note: Post approval the balance in Reserve for Future Projects in Fund 454 will be approximately $8,655,552. COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS: RESOLUTIONS (12 14): 12. Resolution No approving a Locally Funded Agreement and Highway Maintenance Memorandum of Agreement with Florida Department of

11 DRAFT CITY COMMISSION AGENDA Page 11 Transportation (FDOT) related to the installation of a sidewalk at the 25th Street railroad crossing, as part of the Northwood Rail Connector Project. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESST PALM BEACH, FLORIDA, APPROVING A LOCALLY FUNDED AGREEMENT, A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT AND A THREE PARTY ESCROW AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INSTALLATION OF SIDEWALK AND OTHER IMPROVEMENTS AT THE 25TH STREET CROSSING AS PART OF THE NORTHWOOD RAIL CONNECTOR PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The Florida Department of Transportation's Northwood Rail Connection Project will link South Florida's two (2) major freight corridors (the FEC and CSX) to improve freight and passenger connectivity. The project area is generally bounded to the north and south between 23rd Street and 28th Street and to the east and west by the CSX and FEC Railways. The FDOT work involves rehabilitation of the existing tracks (Phase IA) and construction of new tracks (Phase 2). The construction for the Phase IA track work by FDOT began in late Construction of Phase 2 is planned for the Summer Resolution No approved, in connection with the Florida Department of Transportation's Northwood Rail Connection Project, a Donation Letter and Purchase Agreement for the granting of a perpetual easement to FDOT over Parcel 803, a Railroad Reimbursement Agreement between the City, FDOT and SFRTA for each of the nine Phase IA and Phase 2 crossings, authorizing a Stipulation of the Parties for the opening of the four new Phase 2 crossings, and authorizing the acceptance of a Quit Claim Deed from Florida Department of Transportation for Parcel L71 to be used for a City lift station; Resolution No declared Parcel 111 surplus and authorizing conveyance of the parcel to the Florida Department of Transportation; and Phase 2 construction improvements are to be completed by the Florida Department of Transportation (FDOT) on 25th Street, 25th court, East Tamarind Avenue, Division Avenue and Rosemary Avenue right-of-way. As part of the Phase 2 Northwood Connection, the following improvements are: asphalt milling and resurfacing, curb and gutter, drainage and piping structures, concrete sidewalks, detectable warning surface, and paved shoulders. In addition, minor landscape improvements such as trees, bushes, grass, mulch, sod and irrigation are to be installed as part of FDOT s scope. The Maintenance Memorandum of Agreement (MOA) between FDOT and the City will

12 DRAFT CITY COMMISSION AGENDA Page 12 identify the City as the maintaining agency for the referenced improvements within City s rights-of-way. There are currently no sidewalks on the South side of 25th Street adjacent to the Storm of 1928 Memorial Site. The City is interested in providing better pedestrian connectivity on 25th Street by providing sidewalks on both sides. As part of the proposed improvements for the new Northwood Connection, the City of West Palm Beach has proposed a Local Funding Agreement (LFA) to include a sidewalk at the 25th Street grade crossing. The sidewalk is intended to accommodate future sidewalk connectivity along the south side of 25th Street. For this LFA, FDOT will modify the 25th Street grade crossing to incorporate a proposed sidewalk, with costs to be paid by the City. The costs of the improvements are estimated at $413, Resolution No approves a Locally Funded Agreement with FDOT for FDOT's installation of the sidewalk at the 25th St. crossing, at City's expense, and the ancilliary Maintenance Memorandum of Agreement by which the City agrees to maintain the sidewalk, landscape and related improvements, along with an Escrow Agreement for the State to hold the funds for use only for the agreed improvements. COMMISSION DISTRICT: The project is located in Commission District 1, Commissioner Sylvia Moffett. Fiscal Note: No fiscal impact. 13. Resolution No : A request by Donaldson Hearing, ASLA, of Cotleur & Hearing, Inc., on behalf of Tradition of the Palm Beaches, Inc., for approval of the Re-plat of Morse Seniors Campus Tracts "O-1" and "S-1". The Tradition of the Palm Beaches is located within the MorseLife Community Service Planned Development and has a physical address of 4920 Loring Drive. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A REPLAT OF REAL PROPERTY TO CREATE THE PLAT ENTITLED MORSE SENIORS CAMPUS TRACTS O-1 AND S-1 REPLAT ; CONSISTING OF THREE PARCELS, CONTAINING A TOTAL OF APPROXIMATELY ACRES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No

13 DRAFT CITY COMMISSION AGENDA Page 13 The area subject to the replat, consists of approximately acres located generally at 4920 Loring Drive. This replat realigns previously platted Tract S-1, modifies previously approved Tract O-1 and creates Tract O-2. It is Staff s professional opinion that this request complies with the City s Comprehensive Plan and all of the subdivision general design standards located in Section in the Zoning and Land Development Regulations. PLANNING BOARD: As a Minor Subdivision, the subject plat was not required to be reviewed by the City's Planning Board. PUBLIC NOTICE: Resolution No was advertised in the Palm Beach Post on July 21, COMMISSION DISTRICT: The subject property is located within Commission District No. 4 Commissioner Keith James. Fiscal Note: No fiscal impact. 14. Resolution No authorizing acceptance of federal entitlement grants, approving and authorizing submission of the City's Annual One-Year Action Plan for Fiscal Year and authorizing the execution of related documents. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING ACCEPTANCE OF FEDERAL ENTITLEMENT GRANTS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM; APPROVING THE USE OF THE GRANT FUNDS; AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE AND USE THE FUNDS INCLUDING CERTIFICATIONS OF CONSISTENCY WITH THE CONSOLIDATED PLAN; APPROVING THE ANNUAL ONE-YEAR ACTION PLAN FOR FISCAL YEAR ; AUTHORIZING AND DIRECTING THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO SUBMIT THE ANNUAL ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No

14 DRAFT CITY COMMISSION AGENDA Page 14 The City of West Palm Beach is an entitlement recipient of federal funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program (HOME), and the Housing Opportunities for Persons with AIDS Program (HOPWA). The City anticipates receiving a total of $4,366,363 in FY 2017 funding (October 1, 2017 September 30, 2018) as follows: CDBG - $816,429; HOME - $ 324,635; and HOPWA - $3,225,299. The funds are intended to address the community development and housing needs within the corporate limits of the City of West Palm Beach by achieving the overall goal of decent housing, providing a suitable living environment, and expanding economic development opportunities principally for low and moderate income persons. In order to receive these funds, the City is required to submit an Annual One-Year Action Plan to HUD which describes the City's intended use of these funds. The submission deadline of the Annual One-Year Action Plan is August 15, Attached is Resolution No which: (a) authorizes the acceptance of the funds, (b) approves the uses of funds for the federal programs, (c) authorizes the Mayor to execute grant agreements, and all other documents necessary for the submission of the Plan and the receipt and use of grant funds, and (d) authorizes submittal of the Plan to HUD for its review and approval. PUBLIC HEARING (15 18): 15. Public Hearing and Second Reading of Ordinance No : A City-initiated request to amend Table XV-6 City-wide Parking Requirements in Section of the Zoning and Land Development Regulations to reduce the parking requirements for the Multifamily Residential uses for affordable, attainable and workforce housing development in accordance with the City's adopted Housing Assistance Program. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST PALM BEACH, FLORIDA, AT CHAPTER 94, ZONING AND LAND DEVELOPMENT REGULATIONS, RELATING TO THE PARKING REQUIREMENT REDUCTION INCENTIVE FOR AFFORDABLE, ATTAINABLE AND WORKFORCE HOUSING DEVELOPMENTS IN THE MULTIFAMILY RESIDENTIAL USE IN TABLE XV-6 OF SECTION ; DECLARING THIS AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21495

15 DRAFT CITY COMMISSION AGENDA Page 15 APPROVE Ordinance No , approving an amendment to the City's Code of Ordinances at Chapter 94, Section Table XV-6 City-wide Parking Requirements to reduce the parking requirements for the Multifamily Residential uses for affordable, attainable and workforce housing developments. This motion is based upon factual testimony presented, the staff report, the recommendation of the Planning Board and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards set forth in Section of the City's Zoning and Land Development Regulations. The Planning Division has determined that the text amendments relating to the parking requirements for affordable, attainable and workforce housing Multifamily developments complies with all of the required standards found in Section of the City s Zoning and Land Development Regulations. Compliance with all of the above-referenced standards has been detailed in Attachment 1 - Planning Board Staff Report. The Planning Board recommended approval (5-0) of this request to the City Commission after a Public Hearing on June 20, ANALYSIS: On March 28, 2016, the City Commission adopted Ordinance No , which approved and adopted the Housing Assistance Program. The Housing Assistance Program promotes the development of such housing through financial incentives including loans, grants, fee reductions and waiver programs and the development of vacant city owned property. The Housing Assistance Program recommends the Parking Requirement Reduction, which allows for a ten (10) percent reduction in parking requirements to affordable, attainable and workforce housing developments, be expanded to the entire City. This incentive is currently available only to developments located within the Downtown Master Plan, as stated in Section (e)(5) of the City s ZLDR. Staff believes that the Parking Requirement Reduction will further the goal of promoting economic growth and stability, as well as the preservation and stimulation of the production of attainable, affordable and workforce housing units for persons at all incoming levels residing or desiring to reside in the City. Ordinance No as attached, includes Staff's recommendation as to parking requirements for affordable, attainable, and workforce Multifamily Residential developments. PUBLICATION: The legal ad for Ordinance No will be advertised in the Palm Beach Post on July 21, COMMISSION DISTRICT: The amendment applies City-wide.

16 DRAFT CITY COMMISSION AGENDA Page Public Hearing and Second Reading of Ordinance No amends Chapter 78 waiving the special event insurance and indemnification requirements for noncommercial expressive activity. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 78 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE CODE OF ORDINANCES, ARTICLE VI (SPECIAL EVENTS), SECTION (APPLICATION FOR A SPECIAL EVENT PERMIT) AND SECTION (INDEMNIFICATION AND INSURANCE REQUIRED); PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND CONFLICT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No The City of West Palm Beach (.the "City") has the authority to establish by ordinance all needed rules and regulations for the City and for the protection of parks and other property under its jurisdiction. This includes rules and regulations for "special events" held on City property and in public forums under its jurisdiction. The City's special events regulations currently include a requirement that any person or organization seeking to conduct a special event provide comprehensive general liability insurance for the special event, as well as indemnify and save the City harmless from any and all claims, suits, actions, damages, or causes of action arising as a result of the special event. These requirements may be construed to also apply to events held in traditional or quintessential public forum, including streets, sidewalks, parks, and town squares. In such a traditional or quintessential public forum, the City may regulate the time, place, and manner of special events that constitute "expressive activity," so long as such restrictions are content neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternatives for communication. It is not the intent of the Code or Ordinance No to suppress any expressive activities protected by the First Amendment. Rather, Ordinance No seeks to amend the Code to ensure that expressive activities are not unduly burdened in a traditional or quintessential public forum, especially for those who cannot afford to pay for insurance or to provide indemnification to the City. To this end, Ordinance No amends the Chapter 78 of the Code to provide an exception to Chapter 78's insurance and indemnification requirements (the "Exception"). Specifically, the Exception waives Chapter 78's insurance and indemnification requirements for non-commercial expressive activity. In so amending Chapter 78, Ordinance No ensures compliance with the Eleventh Circuit decision in Central Florida Nuclear Freeze Campaign v. Walsh, 774

17 DRAFT CITY COMMISSION AGENDA Page 17 F.2d 1515 (11th Cir. 1985), in which the court concluded that requiring more than a nominal fee for expressive activity without providing for a waiver for indigent applicants is a constitutional deprivation. 17. Public Hearing and Second Reading of Ordinance No imposing an 180 day moratorium for wireless tower location within public right-of-way. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM WITHIN THE CITY OF WEST PALM BEACH ON THE SUBMITTAL AND PROCESSING OF APPLICATIONS, AND ISSUANCE OF ANY PERMITS PERTAINING TO COLLOCATION ON EXISTING OR THE CREATION OF NEW UTILITY POLES IN THE RIGHT-OF-WAY TO SUPPORT SMALL WIRELESS FACILITIES OR MICRO WIRELESS FACILITIES FOR A PERIOD OF 180 DAYS, IN ORDER TO ALLOW AN OPPORTUNITY FOR THE CITY TO DEVELOP REGULATIONS CONSISTENT WITH CHAPTER , LAWS OF FLORIDA, WHICH BECAME EFFECTIVE JULY 1, 2017; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No During the 2017 Legislative Session, the state legislature passed House Bill 687 amending Florida Statutes Section , creating what is known as the "Advanced Wireless Infrastructure Deployment Act (the Act)." The Act was approved by the Governor on June 23, 2017, and became effective on July 1, 2017 under Chapter , Laws of Florida. The Act establishes a process by which wireless providers may place certain small wireless facilities on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of an authority (i.e., a county or municipality). The City has regulations pertaining to wireless facilities within its Code of Ordinances, specifically codified within Chapter 94, Zoning and Land Development Regulations which need to be evaluated in light of the Act. City staff has not had adequate time to evaluate the impacts or address local issues that are presented by the new law and take action accordingly. It is in the best interest of the residents of the City to protect the general public health, safety, and welfare by studying and planning for this new technology, including how to best support this new technology and address potential impacts on the quality of life for the surrounding community. 18. Public Hearing of Resolution No authorizing the approval of a non-exclusive easement over the public right-of-way for the aerial encroachment of a pool deck and other appurtenances and Resolution No for a Right-of-Way

18 DRAFT CITY COMMISSION AGENDA Page 18 Maintenance Agreement associated with the construction of the The Alexander residential project located at 333 Fern Street. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AERIAL ENCROACHMENT EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN RIGHT-OF-WAY MAINTENANCE AGREEMENT PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No and Resolution No As a requirement of their Formal Site Plan Review approval, The Alexander (also known as 333 Fern) had a condition to obtain easements for their aerial encroachments and a maintenance agreement for streetscape improvements along Fern Street and Dixie Hwy. These easements were to be acquired prior to C.O. which is contemplated at the end of July. The City Commission previously adopted Ordinance No , codified in Chapter 78, Article XII (Streets, Sidewalks, and Public Places) of the Code of Ordinances, creating air rights Easements in the Downtown, and providing guidelines for the City Commission to follow in considering air rights easements. The Commission must find that the grant of the air rights easement is in the best interest of the general public and that the encroachments are not inconsistent with the objectives of the downtown master plan. In this instance, utilities will not need to be relocated, and the other guidelines in Code Sec relating to arcades are not applicable. In accordance with Sec of the City Code, mailers were sent out to property owners located within 400 feet from the subject site. The property is located in Commission District No. 3 - Commissioner Paula Ryan. Fiscal Note: No fiscal impact

19 DRAFT CITY COMMISSION AGENDA Page 19 PUBLIC HEARING QUASI-JUDICIAL (19 22): DISCLOSURE OF EX PARTE COMMUNICATIONS, IF ANY* SWEARING IN OF WITNESSES 19. Public Hearing and Second Reading of Ordinance No : A Future Land Use (FLU) Map Amendment to change the FLU designation of ±1.11 acres, generally located on the west side of Presidential Way, north of Congress Avenue, from Multifamily (MF) to Community Service (CS); and Public Hearing and Second Reading of Ordinance No : A Rezoning to change the zoning designation of ±1.11 acres, generally located on the west side of Presidential Way, north of Congress Avenue, from Multifamily High Density (MF32) Residential to Recreation Open Space (ROS). The above-referenced requests are being made by Joni Brinkman, of Urban Design Kilday Studios, Inc., on behalf of Banyan Cay Development LLC. ORDINANCE NO : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF WEST PALM BEACH, FLORIDA, BY CHANGING THE FUTURE LAND USE DESIGNATION OF ±1.11 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF PRESIDENTIAL WAY, APPROXIMATELY 520 FEET NORTH OF NORTH CONGRESS AVENUE, FROM MULTIFAMILY TO COMMUNITY SERVICE; DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE NO : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF WEST PALM BEACH TO REZONE ±1.11 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF PRESIDENTIAL WAY, APPROXIMATELY 520 FEET NORTH OF NORTH CONGRESS AVENUE, FROM MULTIFAMILY HIGH DENSITY (MF32) RESIDENTIAL TO RECREATION OPEN SPACE (ROS); DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: APPROVE Ordinance No , changing the Future Land Use designation of ±1.11 acres, generally located on the west side of Presidential Way, north of Congress Avenue, from Multifamily (MF) to Community Service (CS). This motion is based upon the application submitted, the staff report, factual testimony, the recommendation of the

20 DRAFT CITY COMMISSION AGENDA Page 20 Planning Board and the findings that the request complies with one of more of the standards found in Future Land Use Element Policy of the City's Comprehensive Plan. APPROVE Ordinance No , changing the zoning designation of ±1.11 acres, generally located on the west side of Presidential Way, north of Congress Avenue, from Multifamily High Density (MF32) Residential to Recreation Open Space (ROS). This motion is based upon the application submitted, the staff report, factual testimony, the recommendation of the Planning Board and the findings that the request complies with the Comprehensive Plan and the standards in Section of the City's Zoning and Land Development Regulations. (The information provided below is a general summary. A full analysis is included in the Staff Report attached hereto as ATTACHMENT 1.) Located northeast of Congress Avenue, on the east and west sides of Presidential Way, Banyan Cay Golf Club (formerly President Country Club) was purchased in 2011 with the northern course (the Patriot Course) approved for redevelopment as an exclusive resort-style community consisting of single family residential, multifamily high-rise, cottages, and a resort hotel with spa, meeting space, etc. The redevelopment was originally approved by the City Commission in During the design of the resort, it was the original understanding that the southern Eagle Course would remain as-is and that no alternations or improvements would occur; it would simply become an amenity to the proposed resort. However, after the resort development and the Eagle Course were acquired by the current owner, it was determined that the course would undergo a complete reconstruction under the direction of Jack Nicklaus and his firm, Nicklaus Design. During the time when The President Country Club had both courses operating, the maintenance facility was centrally located on the east side of Congress Avenue, north of the northern terminus of Presidential Way (ATTACHMENT III). This provided easy and efficient access to both courses, with no need to traverse through any residential communities. However, with the closure of the north course and it being slated for redevelopment, the location of the existing maintenance facility was determined to be insufficient for the continued operation of the Patriot Course. The location of the proposed maintenance facility is immediately north of the Presidential Medical Plaza and south of the Condo 1 townhomes within the Lands of the President. This location was identified for the future maintenance facility as it is centrally located between the front-nine and back-nine of the course, as well as was the last remaining piece of land within the golf course that had direct frontage on a public right-of-way to provide access for employees, deliveries, etc. It is Staff s understanding that this location was identified by the Nicklaus Design team, and that it is the only viable location to relocate such a facility.

21 DRAFT CITY COMMISSION AGENDA Page 21 As mentioned previously, the existing FLU and zoning designations of the property are MF and MF32, respectively. As such, applications have been submitted by Banyan Cay, who currently owns the remaining golf course, for the following: 1. Future Land Use (FLU) Map Amendment (ORDINANCE NO ) to change the FLU designation of the maintenance facility site (±1.11 acres) from Multifamily (MF) to Community Service (CS); 2. Rezoning (ORDINANCE NO ) to change the zoning designation of the maintenance facility site (±1.11 acres) from Multifamily High Density (MF32) Residential to Recreation Open Space (ROS); and 3. Class B Special Use Permit (the subject of this report) to allow for the continued operation of the existing 18-hole golf course and provide for the construction of a new 10,500 square foot maintenance facility on ±1.72 acres with associated storage, parking, etc. Please note that the Class B Special Use Permit (item #3) is under the review authority of the City s Zoning Board of Appeals and is not up for consideration by the City Commission. The City Commission is only considering the FLU Map Amendment and Rezoning and the maximum development potential that would be permitted under such designations. On May 4, 2017, the ZBA did unanimously approve the Class B Special Use Permit for use of the site as a maintenance facility, subject to the approval of the FLU Map Amendment and Rezoning; if the FLU Map Amendment and Rezoning are not approved, then the approval of the Class B Special Use Permit becomes null and void. The applicant is requesting that the FLU and zoning designations be changed to CS and ROS to provide consistency, allow the site to be used as part of the existing course, and offer the opportunity to construct the maintenance facility. It is important to note that the property has always been used as part of the golf course, despite the above-referenced FLU and zoning designations, operating as a nonconforming use. The applications proposed herein would eliminate that nonconformity and bring the subject property into consistency with the rest of the course. CONCLUSION: The Development Services Department Planning Division believes that the requests comply with all of the standards required by the City s Comprehensive Plan and Zoning and Land Development Regulations. Therefore, Staff is recommending approval. PLANNING BOARD: The Planning Board recommended approval (5-0) of the requests described herein at their June 20, 2017, public hearing. PUBLIC NOTICE: Individual notices were mailed to all property owners within 500 feet of the property, and signs were posted on the subject property. Ordinance No was advertised in the Palm Beach Post on July 26, Ordinance No was advertised on July 21, 2017.

22 DRAFT CITY COMMISSION AGENDA Page 22 COMMISSION DISTRICT: The site is located within Commission District No. 3 - Commissioner Paula Ryan. Fiscal Note: No fiscal impact. 20. Public Hearing and Second Reading of Ordinance No : Regarding the transfer of the site plan approvals and development conditions relating to the Northpoint Commercial Planned Development located at th Street, to a separate Resolution; and Public Hearing of Resolution No : Approving a Major Amendment to the Northpoint Commercial Planned Development to add a 653 square foot expansion to the existing RaceTrac convenience store and make other site improvements. All of the above-referenced items are being requested by Kristin Novak of Thomas Engineering Inc. on behalf of RaceTrac Petroleum #562. ORDINANCE NO : AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING ORDINANCE NO , AS AMENDED, RELATING TO THE NORTHPOINT COMMERCIAL PLANNED DEVELOPMENT, GENERALLY LOCATED AT THE NORTHEAST CORNER OF 45TH STREET AND VILLAGE BOULEVARD, TO TRANSFER THE SITE PLAN APPROVALS AND RELATED CONDITIONS TO A SEPARATE RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A MAJOR AMENDMENT TO THE NORTHPOINT COMMERCIAL PLANNED DEVELOPMENT, GENERALLY LOCATED AT THE NORTHEAST CORNER OF VILLAGE BOULEVARD AND 45TH STREET, TO ADD 653 SQUARE FEET TO THE EXISTING RACETRAC CONVENIENCE STORE AND AMEND THE SITE PLANS ACCORDINGLY; DECLARING THIS AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: APPROVE Ordinance No , transferring the site plan approvals and related conditions for the Northpoint Commercial Planned Development to a separate Resolution: APPROVE Resolution No , approving a Major Amendment to the Northpoint Commercial Planned Development to add a 653 square foot expansion to the existing convenience store and make other improvements to the site. Consideration will be based