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CITY OF WEST PALM BEACH CITY COMMISSION PASS/FAIL AGENDA FEBRUARY 11, 2019
West Palm Beach City Commission
PASS/FAIL AGENDA
February 11, 2019
5:00 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) 822-1210}

CALL TO ORDER:
INVOCATION:
PLEDGE OF ALLEGIANCE:
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:
PRESENTATION AND AWARDS OF MERIT (1-2):

1. Proclaiming February 11-17, 2019 as 2-1-1 Awareness Week. Proclamation to be accepted by Sharon L'Herrou, 211 Helpline's President/CEO. PRESENTED
Agenda Cover Memorandum No.: 22291

2. Proclaiming February 2019 as American Heart Month. Proclamation to be accepted by Kayla Schwenk, American Heart Association Executive Director, and Teresa Dabrowski, American Heart Association Heart Walk Director. PRESENTED

Agenda Cover Memorandum No.: 22292
CONSENT CALENDAR (3-20): ALL CONSENT ITEMS APPROVED

3. Minutes of the Regular City Commission Meeting of January 28, 2019.

Agenda Cover Memorandum No.: 22311
Staff Recommended Motion: Approve the Minutes of the Regular City Commission Meeting held on January 28, 2019.

4. Resolution No. 39-19(F) provides appropriations for various Water, Sewer and Stormwater capital projects.
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 2018/2019 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 AND SEWER OPERATING FUND, WATER AND SEWER RENEWAL AND REPLACEMENT FUND, WATER AND SEWER SERIES 2017 CONSTRUCTION BOND FUND, WATER AND SEWER SERIES 2008C REVENUE BOND FUND, STORMWATER OPERATING FUND, STORMWATER RENEWAL AND REPLACEMENT FUND AND THE STORMWATER SERIES 2017A CONSTRUCTION FUND BUDGETS TO APPROPRIATE FUNDING FOR VARIOUS CAPITAL PROJECTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22293
Staff Recommended Motion: Approve Resolution No. 39-19(F).
Background:
The summary of additional appropriations for various water, sewer and stormwater improvements are as follows:
Project Description
Dollar Increase
Funding Source

1. 31st to 35th St Water Main Replacement $1,315,000 Water and Sewer Series 2017A Revenue Bond Construction Fund (45A) $140,000 Stormwater Renewal & Replacement Fund (485)
2. Washington Road Utility & Stormwater Improvements $1,400,000 Water and Sewer Series 2017A Revenue Bond Construction Fund (45A) $550,000 Stormwater Series 2017A Construction Bond Fund (48A)
3. Currie Park Green Streets Storm Water Improvements $220,000 Water and Sewer Renewal and Replacement Fund (454)
4. Datura Green Streets Initiative project $200,000 Stormwater Series 2017A Construction Fund (48A)
5. Lift Station 9 Relocation $913,238 Water and Sewer Series 2008C Revenue Bond Fund (464)
6. Outlet Mall Stormwater Repairs $1,460,000 Stormwater Series 2017A Construction Fund (48A) 7. Lift Station 73 Improvements $185,000 Water & Sewer Renewal & Replacement Fund (454)
8. Variable Speed Drives (VFD) for High Service Pump 1 & 2 $120,000 Water & Sewer Renewal & Replacement Fund (454)
9. North Shore Drive Water Main Replacement $80,000 Water & Sewer Renewal & Replacement Fund (454)
10. Replace 48-inch Finished Water Flow Meter HL#1 $200,000 Water & Sewer Renewal & Replacement Fund (454) Total: $6,783,238

1. The 31st Street to 35th Streets Water Main Replacement project is budgeted in the Water and Sewer Series 2017A Revenue Bond Construction Fund (45A).
The project is located on 31st Street from Windsor Avenue to Greenwood Avenue; and 32nd, 33rd, 34th, and 35th Streets from Windsor Avenue to Westview Avenue (Exhibit A). The project involves replacement of existing undersized and aging water distribution system to improve water pressure and provide fire protection. Within the project limits, rehabilitation of existing vitrified clay sanitary sewer system and incidental replacement of corrugated metal stormwater mains are required. Based on the engineering cost estimate, the total amount of additional funding required to accomplish the project is $1,455,000 ($140,000 Water; $1,175,000 Sewer; $140,000 Stormwater). The project is currently in the final design phase and construction is planned for early 2020. The project falls within Commission District No. 1.

2. The Washington Road Utility & Stormwater Improvements project is budgeted in the Water and Sewer Series 2017A Revenue Bond Construction Fund (45A) and Stormwater Series 2017A Construction Funds (48A).
The project is located on Washington Road from Edgewood Drive to Monceaux Road (Exhibit B). The project involves replacement of existing undersized and aging water distribution system to improve water pressure and provide fire protection; replacement of existing vitrified clay sanitary sewer system due to cracks and root intrusion; replacement of the stormwater system including a new storm outfall with tidal valve to the Intracoastal Waterway through George S. Petty Park to improve roadway flooding protection. Based on the engineering cost estimate, the total amount of additional funding required to accomplish the project is $1,950,000 ($50,000 Water, $1,350,000 Sewer, $550,000 Stormwater). The project is currently in the design phase and construction is planned for early 2020. The project falls within Commission District No. 3.

3. The Currie Park Green Streets Stormwater Improvements project is budgeted in the Stormwater Series 2017A Construction Funds 48A.
The project is located between 34th Street and 35th Street on N. Flagler Drive (Exhibit C). The project involves construction of a bioswale to enhance water quality and stormwater treatment while reducing nuisance flooding in the area; and stormwater infrastructure improvements. Within the stormwater project limits, replacement of an undersized water main (installed in 1950's) is necessary to improve water pressure and provide fire protection. Based on the project cost estimate, the estimated amount required to accomplish the water component of the project is $220,000. Bid advertisement for the project is planned for March 2019 with the start of construction expected in July 2019. The project falls within Commission District No. 1.

4. The Datura Green Streets Initiative project is budgeted in the Stormwater Series 2017A Construction Funds 48A.
The project is located between the driveway to the parking garage of 610 Clematis Street building and Rosemary Avenue (Exhibit D). The project involves construction of a bioswale on the north side of the Datura Street to enhance water quality. Also included is an overflow stormwater structure and trench drain to intercept and direct stormwater runoff away from the 610 Clematis parking garage and into the City's stormwater system. Based on the project cost estimate, the estimated amount required to accomplish the project is $200,000. Bid advertisement for the project is planned for March 2019 with the start of construction expected in July 2019. The project falls within Commission District No. 3.

5. Lift Station 9 is currently located in the parkway at the northwest corner of Flagler Drive and Pershing Way (Exhibit E).
The lift station falls within the Belmonte Road and Pershing Way Improvements, a Water and Sewer Series 2017A Revenue Bond Construction Fund project. Rehabilitation of the existing lift station at its current location is required. However, in preparation for the future sea level rise, the City has identified the need to relocate this lift station away from the Intracoastal Waterway. The lift station relocation will be included as part of the Belmonte and Pershing Way project which involves the replacement of the sanitary sewer system. Based on the preliminary engineering cost estimate, the estimated amount of funding required to accomplish the lift station relocation, including land acquisition, design, and construction is $ 913,238. The project is currently in the planning/evaluation phase. Construction phase is planned for summer 2020. The project falls within Commission District No. 3.

6. The Outlet Mall Stormwater Repairs project is located at the Palm Beach Outlets Mall (Exhibit F).
The double 66-inch diameter corrugated metal pipe (CMP) drainage culverts were installed in the 1960’s and have reached the end of their useful service life. In 2015, approximately 500 linear feet of the CMP culverts was replaced with 66-inch diameter reinforced concrete pipe. Also included was the installation of manholes to provide better access to the culverts for maintenance. The condition of the remaining CMP culverts (approximately 1,200 linear feet) is being assessed as sinkholes are visible along the pipe alignment. The estimated amount of funding required to replace the remaining length of CMP culverts and additional manholes is $1,460,000. The start of construction is expected in April 2019. The project falls within Commission District No. 2.

7. The Lift Station 73 Replacement project is located in the alleyway in the northeast quadrant of Palm Beach Lakes Boulevard and Spencer Drive, behind the Salvation Army (Exhibit G).
The project involves rehabilitation of the existing lift station, installation of a new chain link fence with swing gate, new hedging outside the fence line, and re-sodding. Within the fenced enclosure will be a new wetwell top slab with a pump enclosure and integrated fall protection, an existing emergency standby generator, control panel, and remote telemetry unit. The estimated amount of funding required to accomplish the construction phase of the project (including construction contingency) is $185,000. Construction is scheduled to begin in March 2019 for an 8-month duration. The project falls within Commission District No. 2.

8. The Variable Speed Drives (VFD) @ High Service Pump 1 & 2 project is located in the East High Service Pump Building at the Water Treatment Plant.
The project involves installing variable speed drives in (2) 600 Horsepower high pressure pumps to better control pump performance; minimize mechanical and electrical stress on pumps; provide a consistent pressure to the water distribution system; and reduce energy cost. The estimated amount of funding required to accomplish the project (including construction contingency) is $120,000. The VFDs require 6 months long lead time for fabrication. The start of construction is expected in September 2019. The project falls within Commission District No. 3.

9. The Northshore Drive Water Main Replacement project falls within the limits of the Northshore Pedestrian Bridge project which involves grant funding by the Florida Department of Transportation (Exhibit H).
The existing aerial water main is currently attached to the west side of the existing Northshore bridge where the pedestrian bridge is being proposed. The existing water main was installed in the 1960's and is in poor condition. The estimated amount of funding required to accomplish the design phase of the water main replacement and relocation is $80,000. The water main replacement is targeted for completion in early 2020 prior to the construction start of the pedestrian bridge. The project falls within Commission District No. 1.

10. Replace 48-inch Finished Water Flow Meter HL#1 project is located at the Water Treatment Plant.
The project involves replacing the existing venturi meter with new self-prime flowmeter and structure. This project will improve safety on operation and maintenance, and also increase the accuracy on the finished water flow measurement. The total cost of the project is approximately $700,000 of which $500,000 is budgeted. The amount of additional funding required to complete the project (including construction contingency) is $200,000. The start of construction is expected in April 2019. This project falls within Commission District No.3.
The Water and Sewer Operating Fund is transferring funds from contingency to provide funding for the final phase of the VTScada installation at the Water Treatment Plant. The Stormwater Operating Fund is transferring funds from contingency to the Stormwater Drainage division to replenish operating funds utilized for the emergency stormwater drainage repair at 26th Street.

Fiscal Note: Post approval the approximate contingency balance for Water and Sewer Fund 450 will be $225,850 and Stormwater Fund 481 will be $150,000. Post approval the approximate fund balances will be: 454: $2.4m; 45A: $510,000; 464: $0; 485: $196,000; 48A: $3.2m.

5. Resolution No. 34-19, approving a $35,000 grant to the Legal Aid Society of Palm Beach County to be used for initial operating costs associated with its Community ID program.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A GRANT TO THE LEGAL AID SOCIETY FOR ITS COMMUNITY ID PROGRAM; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22294
Staff Recommended Motion: Approve Resolution No. 34-19.
Background:
The Legal Aid Society of Palm Beach County will implement a Community ID program to provide identification cards to requesting residents of Palm Beach County, as a useful form of secondary identification. The community ID cards are anticipated to be helpful to homeless individuals, persons re-entering the community after incarceration, seniors, and those who do not have drivers’ licenses. Community IDs are being used in communities throughout the U.S. including Cincinnati, Philadelphia, Mercer County, NJ and Greensboro, NC. The Community ID program is aligned with the City's commitment and investments in Equity and Empowerment initiatives.
This grant will enable initial operations in 2019 to help hire a primary staff member to launch and manage the program. This program will ultimately be funded collaboratively by cities across Palm Beach County and nonprofit agencies and sustained through $20 fees charged (sliding scale available) for each ID issued. The City Commission of West Palm Beach through Resolution 286-18 previously approved a grant of $5,000 to assist with start-up costs including purchase of the ID printer and program development, process, and training by Faith Action of Greensboro, North Carolina which administers a similar model. Legal Aid Society (LAS) has stepped up in response to the community’s request for this program. Similar to LAS' successful Wage Dispute program, which likewise began after the community requested it, LAS has accepted the challenge of administering the Community ID program as a service to the community should funding be made available. This program is designed to be largely self-sustaining after the first year of operations.

The agreement with the Legal Aid Society will require biannual reporting on:
- Number of IDs issued
- Number of communities participating
- Amount of program income generated
- Financial commitments from other municipalities and the private/nonprofit sectors Resolution No. 34-19 approves a grant in the amount of $35,000 to assist Legal Aid Society with the first-year costs of operating the Community ID program.
Funding is included in the General Fund under the Mayors' Office for FY 2019.
Fiscal Note: Approval will grant $35,000 in Mayoral budgetary funds to the Legal Aid Society of Palm Beach County.

6. Resolution No. 40-19 authorizing the assessment of city liens in the total amount of $37,270.84 for unpaid water service, sewer service, and stormwater service charges for the month of November 2018.

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.: 22295
Staff Recommended Motion: Approve Resolution No. 40-19.
Background:
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. 40-19 are for unpaid water service, sewer service, and stormwater service charges for the month of November 2018. The list of properties to be assessed and the associated charges totaling $37,270.84 are attached to Resolution No. 40-19 as EXHIBIT A - Utility Lien List - November 2018. If not paid, these liens may be foreclosed by the City.
Fiscal Note: No fiscal impact.

7. Resolution No. 53-19(F) to amend the 2016B Capital Improvement (bond) Fund, the General Fund, the Capital Acquisition Fund, the Fire Assessment Fee Fund and the Local Gas Tax Revenue Fund budgets to provide appropriations for the completion of fire stations 4 and 8; for needed repairs at fire stations 1, 2, 5, 6 and 7; for schedule vehicle replacements; and for the reallocation of capital expenditures from Special Revenue funds.

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 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE 2016B CAPITAL IMPROVEMENT (BOND) FUND, THE GENERAL FUND, THE CAPITAL ACQUISITION FUND THE FIRE ASSESSMENT FEE FUND, AND THE LOCAL GAS TAX REVENUE FUND BUDGETS TO PROVIDE APPROPRIATIONS FOR COMPLETION OF FIRE STATIONS 4 AND 8; FOR REPAIRS AT FIRE STATIONS 1, 2, 5, 6 AND 7; FOR SCHEDULED VEHICLE REPLACEMENTS; AND FOR REALLOCATION OF CAPITAL EXPENDITURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22296
Staff Recommended Motion: Approve Resolution No. 53-19(F).
Background:
In 2013 the City entered into a Line of Credit (LOC) agreement not to exceed $15,000,000 for the construction of fire stations 4 and 5. In 2015 the City added another LOC not to exceed $5,000,000 to start funding fire station 8. The LOC’s were based upon an interest-only payment for drawdowns through 2018 when the lines were expected to be converted or fully repaid. The total amount drawn from the LOC’s was $8,323,000 which was converted at maturity in 2018.

At the time the LOC’s were converted in 2018, Fire Station 4 had an estimated remaining cost of $5,069,835 and Fire Station 8 had an estimated remaining cost of $5,337,412. In 2016 the City issued the 2016B Capital Improvement Bond for approximately $40,000,000 and approved various projects for City parks, Information Technology infrastructure, and automotive purchases. The current number of unencumbered projects is approximately $24,000,000. The City pays principal and interest on the issue amount of $40,000,000. Therefore, in lieu of procuring new debt, it is in the best interest of the City to defer $5,605,983 of the approved projects in the bond fund and to reallocate the funds for fire stations 4 and 8. As the deferred projects are ready to start, the City will determine the appropriate funding based on financial conditions.

After reallocating the funds in Funds 329, the estimated remaining cost for completion of fire stations 4 and 8, including contingency, is $4,801,264. In addition, $936,525 is needed for repairs at fire stations 1, 2, 5, 6 and 7 and $269,000 is needed for scheduled vehicle replacements for the Fire Department. A total amount of $6,006,789 will be funded from General Fund reserves.

To comply with governmental accounting standards, $3,474,692 of capital expenditures must be transferred from the Gas Tax and Fire Assessment special revenue funds to the Capital Acquisition Fund.
Fiscal Note: Approval will provide appropriations for fire stations 4 & 8 and various other purposes. Funding for the deferred projects may be from future debt issuances.

8. Resolution No. 46-19 authorizing acceptance of a grant from the RAND Corporation for the project entitled Addressing HIV Care and Housing Coordination through Data Integration to Improve Health Outcomes along the HIV Care Continuum; and Resolution No. 31-19(F) appropriating the funds.

RESOLUTION NO. 46-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, ACCEPTING A GRANT FROM THE RAND CORPORATION IN THE AMOUNT OF $14,000; APPROVING THE USE OF THE GRANT FUNDS FOR COORDINATION OF HIV HOUSING AND CARE; AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE AND USE THE FUNDS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

RESOLUTION NO. 31-19(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 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GRANT PROGRAMS SPECIAL REVENUE FUND BUDGET TO PROVIDE APPROPRIATIONS FOR A DEPARTMENT OF HEALTH AND HUMAN SERVICES GRANT TO ADDRESS HIV CARE AND HOUSING COORDINATION IN PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22297
Staff Recommended Motion: Approve Resolution No. 46-19 and Resolution No. 31-19(F).
Background:
The federal Health Resources and Services Administration has awarded a grant to The RAND Corporation for HIV related training and technical assistance; and
The City of West Palm Beach has been awarded $14,000 through a Subaward Agreement with the RAND Corporation.
The City anticipates receiving a total of $14,000 in funding for the December 3, 2018 – August 31, 2019 funding/budget period. The funds are intended to address HIV care and housing coordination through data integration to improve health outcomes along the HIV care continuum in Palm Beach County.
Resolution No. 46-19 authorizes the acceptance of the funds and authorizes the Mayor to execute the grant agreement.
Resolution No. 31-19(F) receives and appropriates the grant funds.
Fiscal Note:Upon approval, the City will accept and appropriate a grant award of $14,000.00 to address HIV coordination in Palm Beach County.

9. Resolution No. 23-19 authorizing the Mayor to execute an Interlocal Agreement between the City of West Palm Beach and Palm Beach County for the 2019 Drowning Prevention Coalition's Learn to Swim Program that distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND PALM BEACH COUNTY FOR PARTICIPATION IN THE 2019 DROWNING PREVENTION COALITION’S
LEARN TO SWIM PROGRAM; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22298
Staff Recommended Motion: Approve Resolution No. 23-19.
Background:
The Palm Beach County Drowning Prevention Coalition's 2019 Learn to Swim Program is a voucher-based reimbursement program for organizations that provide swimming lessons. The Drowning Prevention Coalition approached the City of West Palm Beach Department of Parks and Recreation requesting that the City be a designated aquatic facility to provide lessons using the voucher reimbursement. The Drowning Prevention Coalition qualifies those requesting free swim lessons and distributes the vouchers. Any family that receives State or Federal assistance such as free or reduced lunch for school age children, qualify for vouchers. The Drowning Prevention Coalition's Learn to Swim Program allows voucher recipients to take swim lessons at the Warren Hawkins Aquatic Center for a free or reduced rate. Vouchers are available for youth through the second level of the American Red Cross learn to swim program.

Upon completion of the course, the City will present the vouchers to the Drowning Prevention Coalition for payment. The voucher reimbursement will be at the present evening group lesson fee of $35/resident, $44/non-City resident and the Summer Camp group rate of $35/child. Eight (8) evening classes for non-swimmers are held Mondays and Wednesdays in the Spring and Fall seasons for four (4) weeks and Mondays-Thursdays for two (2) weeks in the summer. Weekend classes are available on Saturday mornings. Summer camp lessons are held once a week for six (6) weeks. The voucher may be applied toward the cost of a semi-private or private swim lesson. City aquatic staff are Water Safety Instructors certified through the American Red Cross.

This is a win-win partnership which increases drowning prevention awareness as well as offers a mechanism to provide swimming lessons to those who are at risk for drowning.
Resolution No. 23-19 approves the Interlocal Agreement for Swimming Lessons between Palm Beach County and the City.
Fiscal Note: Approval will provide swim lesson vouchers to residents who may be unable to otherwise participate.

10. Resolution No. 37-19(F) providing appropriations from Federal Law Enforcement Forfeiture Funds to fund the investigative use or rental vehicles ($140,000) and fund training for law enforcement officers ($75,000).

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 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE MISCELLANEOUS TRUST FUND BUDGET TO PROVIDE APPROPRIATIONS FROM THE FEDERAL LAW ENFORCEMENT FORFEITURE RECEIPTS FOR LAW ENFORCEMENT TRAINING AND THE RENTAL OF VEHICLES BY THE WEST PALM BEACH POLICE DEPARTMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22299
Staff Recommended Motion: Approve Resolution No. 37-19(F).
Background:
RENTAL VEHICLES ($140,000): Rental vehicles are utilized by undercover police department personnel in the Narcotics and Criminal Investigation Units to further and pursue narcotics and other criminal investigations and to assist, where necessary, with the City's participation in certain special task forces. Participation in the rental program permits the Police Department to exchange vehicles more frequently, enabling undercover officers to perform their duties without being identified by the criminal suspects they are investigating. This program is a cost effective means of providing equipment necessary for special operations. All investigations by this unit require the ability to operate effectively and discreetly using unmarked vehicles. The last resolution to set aside funding for this program utilizing Forfeiture funds was approved in June of 2017, those funds are now approaching depletion.

LAW ENFORCEMENT TRAINING AND EDUCATION: ($75,000.00) Funds obtained via Equitable Sharing Agreements with the IRS and Customs may be used to cover costs associated with training of law enforcement officers in any area that is necessary to perform official law enforcement duties. Advances in technology require more advanced and often expensive training for police officers. In support of the City’s long-range goal of Staff Development, the appropriation of Seventy-Five Thousand Dollars ($75,000) is requested to cover expenses related to advanced training for Law Enforcement Officers.

The Federal Law Enforcement Trust Fund expenditure of $215,000 will be used to achieve law enforcement objectives in accordance with the statutes and guidelines that govern the Federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement.

11. Resolution No. 36-19(F) providing appropriations for a contribution in the amount of $35,000 from the West Palm Beach Library Foundation to the Mandel Public Library of West Palm Beach for continued funding of the Elementary and Teen "Homework Centers" for academic year 2018/2019.

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 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GRANT PROGRAMS SPECIAL REVENUE FUND BUDGET TO PROVIDE APPROPRIATIONS FOR A CONTRIBUTION FROM THE WEST PALM BEACH LIBRARY FOUNDATION TO CONTINUE OPERATION OF THE HOMEWORK CENTERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.

Agenda Cover Memorandum No.: 22300
Staff Recommended Motion: Approve Resolution No. 36-19(F).
Background:
The Mandel Public Library of West Palm Beach strives to provide unique programming for citizens of all ages in West Palm Beach. Thanks to generous contributions from the West Palm Beach Library Foundation, the teen and elementary afterschool Homework Centers will remain open for the 2018-2019 academic year. For the past eight (8) years, the Mandel Public Library of West Palm Beach has provided a full-service Homework Center every Monday through Thursday afternoon and evening during the school year to children in elementary school. Additionally, the library has also had a full-service afterschool homework center for teens to attend for the past six (6) years.

Over 3,250 visits are expected to the afterschool Homework Centers! The funds will be used to provide the salary of four 10-hour per week teachers, the purchase of materials to help the students complete their homework, as well for healthy snacks to be provided daily. Students that repeatedly use the Homework Centers arrive at school better prepared than their peers. The receipt of these funds will allow the Library to keep the Homework Centers open this school year and provide a high level of support to the young students in our area through the assistance of certified teachers and access to educational materials designated for students learning needs and achievement in school.
Fiscal Note: Approval will provide funding to continue the afterschool homework centers at the City's library.

12. Resolution No. 38-19(F) amending the Fiscal Year 2018/19 Miscellaneous Trust Fund Budget to authorize appropriations of $12,550 from State Law Enforcement Forfeiture Receipts for donations and law enforcement equipment.

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 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE MISCELLANEOUS TRUST FUND BUDGET TO PROVIDE APPROPRIATIONS FROM THE STATE LAW ENFORCEMENT FORFEITURE RECEIPTS FOR
DONATIONS AND LAW ENFORCEMENT OPERATING EXPENSE AND EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22301
Staff Recommended Motion: Approve Resolution No. 38-19(F).
Background:
Pursuant to the Florida Contraband Forfeiture Act, any local law enforcement agency that acquires at least $15,000 within a fiscal year must expend or donate no less than 25 percent of such proceeds. These funds may be expended upon request by the Chief of Police to the City Commission, and upon appropriation to the police departments’ miscellaneous trust fund. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the governing body of the municipality deems appropriate. If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency.

DONATIONS: DERRICK BROOKS CHARITIES: ($3,000.00): The Hillsborough County Sheriff's Office is hosting the 1029 Florida Office of Attorney General National Conference on Preventing Crime. The City of West Palm Beach participates in the planning and development of this program and these funds will be used for educational workshops and other expenses. Additionally, the City sends officers and members of the community, including youth who attend programs at our local parks and recreation facilities, to this conference each year to facilitate community engagement with many aspects of crime prevention.

LAW ENFORCEMENT EQUIPMENT AND EXPENDITURES: EVIDENCE PROCESSING EQUIPMENT: ($5,000.00): The Police Department will purchase an electronic money counter with software to reduce errors and increase efficiency when handling currency. The associated software is able to gather additional investigative information to assist in investigations.

PALM BEACH COUNTY YOUTH SUMMIT: ($4,550.00): The Police Department will purchase tee shirts for the youth attending the Palm Beach County Youth Summit in 2019 to further crime prevention efforts and build community relationships.

The purpose of the Palm Beach County Youth Summit is to provide local middle and high school aged youth with a unique opportunity to explore and address areas of concern impacting them. Youth will participate in relevant interactive workshops to include the following dynamic areas of focus: Violence, Gangs, Drugs & Alcohol, Trauma Informed, Education, Employment, and many other topics. It will be a day of empowerment, education, and entertainment. This year will include a panel discussion titled “Youth Safety & Advocacy.” A student from Marjorie Stoneman Douglas High School, Parkland, Florida, will discuss how that tragic school event initiated a countrywide youth movement.

The Police Chief certifies the requested expenditures are in compliance with the Florida Contraband Forfeiture Act, specifically F.S.S. 932.7055(5)(a).

13. Resolution No. 43-19 affirmingWest Palm Beach’s acceptance of Palm Beach County Community ID Cards.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AFFIRMING THE ACCEPTANCE OF COMMUNITY ID CARDS AND THE PARTICIPATION OF THE CITY OF WEST PALM BEACH IN THE COMMUNITY ID PROGRAM.

Agenda Cover Memorandum No.: 22302
Staff Recommended Motion: Approve Resolution No. 43-19.
Background:
The City of West Palm Beach seeks to improve Equity and Empowerment for its residents and strives to foster a welcoming environment for all residents, regardless of race, ethnicity, or place of origin.
The City wishes to foster a welcoming environment to enhance our city’s cultural fabric, economic growth, global competitiveness and overall prosperity for current and future generations. The City recognizes that some form of identification with photograph is necessary to access many services, such as banking, enrolling in government programs and services, and entering schools. However, accessing official government IDs for many residents of our community can be difficult – including but not limited to seniors, former inmates, and homeless persons.
The city acknowledges that numerous communities nationally are participating in non-governmental, Community ID programs including but not limited to, Aiken, SC, Cincinnati, OH, Greensboro, NC, Philadelphia, PA, and Mercer County, NJ. In these communities, Community ID cards conform to security standards, while being accessible to those who cannot easily access government ID.
Legal Aid Society of Palm Beach County has worked closely with PEACE (People Engaged in Active Community Efforts) to address this community need and is now implementing a Community ID program to benefit communities across Palm Beach County. Resolution No. 43-19 affirms West Palm Beach’s acceptance of Palm Beach County Community ID Cards.
Fiscal Note: No fiscal impact.

14. Resolution No. 52-19 requesting the Palm Beach County Supervisor of Elections to conduct the General City Election on March 12, 2019, and, if necessary, the March 26, 2019 General City Run-Off Election, and delegating the duties of the City of West Palm Beach Canvassing Board to Wendy Link, Palm Beach County Supervisor of Elections, and Hazeline Carson, City Clerk.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO CONDUCT THE GENERAL CITY ELECTION OF MARCH 12, 2019, AND, IF NECESSARY, THE MARCH 26, 2019 GENERAL CITY RUN-OFF ELECTION; AND DELEGATING THE DUTIES OF THE CITY OF WEST PALM BEACH CANVASSING BOARD TO WENDY LINK, PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, AND HAZELINE CARSON, CITY CLERK, FOR THE GENERAL CITY ELECTION OF MARCH 12, 2019, AND THE MARCH 26, 2019 GENERAL CITY RUN-OFF ELECTION, IF NECESSARY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22303
Staff Recommended Motion: Approve Resolution No. 52-19.
Background:
The General City Election to elect one (1) Mayor and one (1) Commission seat for District 3, is scheduled for March 12, 2019 and General City Run-Off Election is scheduled for March 26, 2019, if necessary. The Code of the City of West Palm Beach, Florida, Chapter 30 (Elections),

Section 30-8 (Canvassing Board), provides for the composition, designation and duties of the Canvassing Board for City election. Under the City Code, the City Commission has the option to delegate the duties of the Canvassing Board to the Palm Beach County Supervisor of Elections by resolution adopted by the City Commission and upon acceptance of such duties by the Palm Beach County Supervisor of Elections. The City Commission previously approved Resolution No. 311-18 delegating the City of West Palm Beach Canvassing Board to Susan Bucher, Palm Beach County Supervisor of Elections, and Hazeline Carson, City Clerk, for the above-referenced elections; however, Susan Bucher is no longer the Palm Beach County Supervisor of Elections.

The City Commission desires to delegate the duties of the City of West Palm Beach Canvassing Board to Wendy Link, Palm Beach County Supervisor of Elections, and Hazeline Carson, City Clerk for the above-referenced elections.

15. Resolution No. 60-19(F) amending the Fiscal Year 2018/2019 General Fund budget to recognize parking meter donation of $2,718.00 for Martin Luther King Day, January 21, 2019 and appropriating the funds for a donation to the Martin Luther King Caregivers.

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 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND BUDGET TO RECOGNIZE PARKING METER REVENUES AND PROVIDE APPROPRIATIONS FOR A DONATION TO MARTIN LUTHER KING CAREGIVERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22304
Staff Recommended Motion: Approve Resolution No. 60-19(F).
Background:
Resolution No. 60-19 (F) assigned the Parking Meter Donation Day on the Martin Luther King (MLK) Holiday to the Martin Luther King Caregivers. The Martin Luther King Caregivers are volunteers who provide assistance to the frail elderly and homebound in the inner City of West Palm Beach. This program began in 1996 and continues to provide much needed assistance.
A donation of $2,718.00 is awarded to the Martin Luther King Caregivers program for the 2019 MLK holiday.
Fiscal Note: Approval will provide appropriations for the parking meter donation to the MLK Caregivers.

16. Resolution No. 56-19 approving a Conditional Settlement Agreement in the amount of $56,000.00 in the matter of David Hutchinson v. City of West Palm Beach.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A CONDITIONAL SETTLEMENT AGREEMENT FOR $56,000.00 IN THE MATTER OF DAVID HUTCHINSON v. CITY OF WEST PALM BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22305
Staff Recommended Motion: Approve Resolution No. 56-19.
Background:
Mr. David Hutchinson was walking within the City of West Palm Beach on August 5, 2016 when he was injured in a trip and fall accident. Mr. Hutchinson subsequently filed a complaint against the City of West Palm Beach in the Circuit Court in and for Palm Beach County, Florida. An agreement has been reached with Mr. Hutchinson to resolve his personal injury claim for $56,000.00. Mr. Hutchinson is signing a general release releasing the City from any and all claims arising from this accident and thereby ending all of his claims for damages, including all attorney’s fees and costs, against the City of West Palm Beach. Section 2-268(g)(4) of the Code of Ordinances of the City of West Palm Beach, Florida, provides that the authority for settlement of all claims in excess of $30,000.00 shall require approval of the City Commission by formal resolution. Resolution No. 56-19 approves the conditional settlement agreement.

18. Resolution No. 28-19 granting a temporary construction easement to Gulfstream Goodwill Industries, Inc. for the Home at Tamarind project for construction staging and storage on City-owned property located at 2003 N. Tamarind Avenue.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO GULFSTREAM GOODWILL INDUSTRIES, INC. FOR THE HOME AT TAMARIND PROJECT FOR CONSTRUCTION STAGING AND STORAGE ON THE CITY OWNED PROPERTY LOCATED AT 2003 N. TAMARIND AVENUE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22310
Staff Recommended Motion: Approve Resolution No. 28-19.
Background:
The City of West Palm Beach owns property located at 2003 N. Tamarind Avenue.
Gulfstream Goodwill Industries, Inc. (GGI) owns the properties located at 2100 and 2108 N. Tamarind Avenue and is in the process of developing a six (6) unit affordable housing project known as Home at Tamarind. GGI has requested that the City grant a Temporary Construction Easement enabling GGI to enter upon the City’s property for construction staging and storage purposes related to the Project.
Resolution No. 28-19 approves and grants temporary construction easement to Gulfstream Goodwill Industries, Inc. for the Home at Tamarind project for construction staging and storage on City-owned property located at 2003 N. Tamarind Avenue.

19. Resolution No. 62-19 ratifying the renewal of the Consulting Agreement with Flashpoint Consulting.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA RATIFYING EXTENSION OF THE CONSULTING AGREEMENT WITH FLASHPOINT CONSULTING; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22314
Staff Recommended Motion: Approve Resolution No. 62-19.
Background:
By Agreement dated March 4, 2016, the City of West Palm Beach entered into a Consulting Agreement with Flashpoint Consulting, Inc. (the “Agreement”) to provide project development, analysis, documentation and support services to the City on an as needed basis as identified in a written work authorization executed by the City, which includes a scope of services, deliverables, fee for the task, and project schedule. The term of the Agreement is three years with the ability to extend the Agreement for up to an additional two years. The expectation was that the total fees under the Agreement would not exceed Fifty Thousand Dollars.
The services provided by Flashpoint have been extremely helpful in analyzing process improvements for various departments, data focused initiatives and other projects. The City desires to extend the Agreement for up to two more years. However, assigning additional tasks and services to Flashpoint will increase the fees under the Agreement above Fifty Thousand Dollars.
Section 66-94 of the Procurement Code requires Commission approval for consultants in excess of $50,000 that have not been competitively selected.
Resolution No. 62-19 will ratify extension of the Flashpoint consulting agreement for up to two years.

20. Resolution No. 54-19 urging Florida Legislative members to support the Florida Inclusive Workforce Act that promotes fairness and modernizes state law by banning Anti-LGBT and gender-based discrimination.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT FLORIDA INCLUSIVE WORKFORCE ACT, (SB 438) BI-PARTISAN LEGISLATION, THAT PROMOTES FAIRNESS AND MODERNIZES STATE LAW BY BANNING ANTI-LGBT AND GENDER BASED DISCRIMINATION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THE RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
CITY OF WEST PALM BEACH FEBRUARY 11, 2019 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Agenda Cover Memorandum No.: 22315
Staff Recommended Motion: Motion to approve Resolution No. 54-19.
Background:
Palm Beach County Human Rights Council has asked that the City consider supporting adoption of Senate Bill 438. On January 23, 2019, the Senator Joe Gruters, filed Senate Bill 438, an act entitled "Florida Inclusive Workforce Act." The bill amends the Florida Civil Rights Act of 1992 to include sexual orientation and gender identity as protected classes. The bill provides protection and remedies for workplace discrimination based on sexual orientation and gender identity. The link between strong anti-discrimination laws and the ability to draw the best and brightest is the reason 84 percent of the nation's largest companies have adopted comprehensive anti-discrimination polices that include sexual orientation and gender identity. Passing Senate Bill 438 will be one more tool to ensure that all people are treated fairly and equally. Resolution No. 54-19 urges all members of the Florida Legislature to support adoption of the Florida Inclusive Workforce Act.

ITEM PULLED FROM THE CONSENT CALENDAR:

17. Resolution No. 57-19  approving additional grant funding for the Pop Up to Rent - 12x12 Economic Development Program and approving an amendment to the Grant Agreement with Trifecta Clematis for renovations to 314 Clematis Street for the program; Resolution No. 58-19 APPROVED approving an interlocal agreement with the CRA for the funding of the additional grant funds.

RESOLUTION NO. 57-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA GRANTING ADDITIONAL FUNDS AND APPROVING AN AMENDMENT TO THE GRANT AGREEMENT WITH TRIFECTA CLEMATIS, LLC, FOR RENOVATIONS TO 314 CLEMATIS STREET PURSUANT TO THE POP UP TO RENT - 12X12 ECONOMIC DEVELOPMENT PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION NO. 58-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A FUNDING AGREEMENT BETWEEN THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF WEST PALM BEACH FOR THE POP UP TO RENT- 12X12 PROGRAM; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22309
Staff Recommended Motion: Approve Resolution Nos. 57-19 and 58-19.
Background:
The City and Trifecta Clematis, LLC, entered into a Grant Agreement for the Pop Up to Rent (12x 12) Grant Program, dated October 24, 2017. The program will serve 12 businesses for 12 months to grow small business in the City. The 12x12 program is sponsored and/or funded by the City of West Palm Beach, Trifecta Clematis, the West Palm Beach Community Redevelopment Agency, the Downtown Development Authority and the Knight Foundation.

Pursuant to the Agreement, Trifecta Clematis will allow the first floor of the property at 314 Clematis Street to be utilized for the Pop-Up to Rent (12x12) program, and the City granted $460,000 to reimburse Trifecta Clematis for the costs of renovation.

Over the last 12 months, the project has completed three phases:

First, 13 businesses have completed the business competition. Originally, over fifty businesses applied to be participating merchants in the project. Since the 13 businesses were chosen, three businesses have signed a lease for the space, three are currently in lease negotiations and three are interested in signing a lease but have not started negotiations. The remaining businesses have either dropped out of the project or have yet to respond to any contact about further negotiations.

Second, the interior of 314 Clematis Street has been demolished and a complete structural analysis of the building has been completed. This has allowed the architect and contractor to understand the structural improvements needed and properly design the interior. In addition, the 314 Clematis Street has been named the "Thoroughfare", reflecting the open floor and ally to Clematis Street interior.

Third, the construction documents for structural improvements are prepared for submittal to the building department.

The grant funds under the Grant Agreement have been expended on the work to date. In order to move forward with the construction of the project, additional grant funding in the amount of $1.5 million to cover the structural, mechanical, electrical, and plumbing construction work is necessary.

The CRA has fully budgeted the requested amount as part of Amendment 13 to the 2019 FY Strategic Finance Plan that was approved by the CRA Board on 9/24/18, Resolution No. 18-48.
Resolution No. 57-19 approves an amendment to the Grant Agreement to provide an additional $1.5 million in grant funding to the renovations to 314 Clematis Street under the Pop Up to Rent (12x 12) Grant Program.

Resolution No. 58-19 approves a funding Interlocal Agreement with the CRA for the additional grant funds.
COMMISSION DISTRICT: 12x12 is located in Commission District 3 - Commissioner Paula Ryan.
Fiscal Note: CRA Funded. The CRA has fully budgeted the $1.5 million as part of Amendment 13 to the 2019 FY Strategic Finance Plan that was approved by the CRA Board on 9/24/18, Resolution No. 18-48.

COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS:
PUBLIC HEARING (21-23):

21. Public Hearing and Second Reading of Ordinance No. 4813-18 APPROVED amending the Code of Ordinances to reflect department director title changes for the Finance, Human Resources, and Information Technology Departments and to revise the functions of the Support Services Department.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE IV (OFFICES, DEPARTMENTS AND DIVISIONS), DIVISION 4 (FINANCE) SECTION 2-197 TO REVISE THE DEPARTMENT DIRECTOR TITLE, DIVISION 6 (SUPPORT SERVICES DEPARTMENT) REVISING THE FUNCTIONS OF THE SUPPORT SERVICES DEPARTMENT BY AMENDING SECTION 2-242, DIVISION 7 (HUMAN RESOURCES DEPARTMENT) SECTION 2-267 TO REVISE THE DEPARTMENT DIRECTOR TITLE, AND DIVISION 17 (INFORMATION TECHNOLOGY DEPARTMENT) SECTION 2-428 TO REVISE THE DEPARTMENT DIRECTOR TITLE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND CONFLICT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22308
Staff Recommended Motion: Approve Ordinance No. 4813-18.
Background:
As part of the City's current salary plan the Commission has previously approved updating job titles for the positions of Finance Director to Chief Financial Officer, Human Resources Director to Chief Human Resources Officer and Information Technology Director to Chief Technology Officer. This revised ordinance also reflects that the Support Services Department reports to the Director of Support Services instead of City Administration and revises the functions of the Support Services Department. This proposed change will ensure that job titles and organizational reporting structures are consistent among the City's ordinances, salary plan and organization.
Fiscal Note: No fiscal impact.

22. Public Hearing and First Reading of Ordinance No. 4831-19 APPROVED amending the Chronic Nuisance Property Code definition of pattern of nuisance activity for alcoholic beverage establishments to apply to those establishment with three or more nuisance activities within 30 days or seven or more within six months.
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 AT CHAPTER 54, OFFENSES, ARTICLE XIII, CHRONIC NUISANCE PROPERTY CODE, AMENDING THE DEFINITION OR PATTERN OF NUISANCE ACTIVITY RELATING TO ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROVIDING A CODIFICATION CLAUSE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22307
Staff Recommended Motion: Motion to Approve Ordinance No. 4831-19 on First Reading and schedule second reading for February 25, 2018.
Background:
On January 23, 2012 the City Commission adopted Ordinance 4394-11. The Ordinance amended and restated Chapter 6 of the Alcoholic Beverage Code to establish an extended hour permit program for the downtown master plan area in response to concerns regarding proliferation of night clubs around Clematis Street and the possible negative impacts such proliferation may have on the downtown. The Alcohol Beverage Code provides penalties relating to the extended hours permit applicable when the police department have documented three or more verified police incidents within a thirty-day period and also provides that if a chronic nuisance service order is entered against the property, no extended hours permit may be issued, and any issued permits may be revoked. In order to enter a service order, a property must first be declared a chronic nuisance. To be declared a chronic nuisance the City must establish that there exists a pattern of nuisance activity upon the property. Under the current regulations, one can establish a pattern of nuisance activity relative to an alcoholic beverage establishment if the police department has responded to five or more nuisance activities at the property within thirty days or twenty or more nuisance activities at the property within six months. Ordinance No. 4831-19 reduces the number of nuisance activities from five or more to three or more within a thirty-day period and from twenty or more to seven or more within a six-month period.

23. Public Hearing and First Reading of Ordinance No. 4829-19: CONTINUED A City initiated request to amend Article X Supplemental District Regulations of Chapter 94 Zoning and Land Development Regulations to provide regulations for manufactured utility and tool sheds.

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, ARTICLE X, SUPPLEMENTAL DISTRICT REGULATIONS, SECTION 94-304 ACCESSORY STRUCTURES IN RESIDENTIAL DISTRICTS, TO PROVIDE REGULATIONS FOR MANUFACTURED UTILITY AND TOOL SHEDS; 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.: 22306
Staff Recommended Motion: APPROVE Ordinance No. 4829-19, a text amendment to the Zoning and Land Development Regulations at Article X, Section 94-304 to amend the regulations regarding accessory structures to define and regulate manufactured utility and tool sheds.

This motion is based upon the factual testimony presented, the application submitted, the staff report, the Planning Board recommendation, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section 94-32 of the City’s Zoning and Land Development Regulations.
Background:
STANDARDS: The Planning Division has determined that the text amendment meets all eight (8) of the required amendment standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development Regulations. Compliance with all of the above-referenced standards for both requests is detailed in Attachment

1 - Planning Board Staff Report.

PLANNING BOARD: The Planning Board recommended approval (7-0), of this Text Amendment request to the City Commission after a Public Hearing on December 18, 2018. ANALYSIS: Over the years there have been several instances, particular in the north end of the City (Echo Lake, North Shore and Westfield neighborhoods), where accessory structures/sheds have been built that were oversized and visible from the road.

As a result, the Mayor directed staff to review the accessory structure regulations in an effort to prevent structures, particularly like the one shown in Attachment II of the Planning Board Report, from being constructed in residential districts.

In 2014, the City amended the Zoning and Land Development Regulations in response to community concerns regarding the size and location of accessory structures. That text amendment limited the size and prevented the placement of these structures in front of the primary structure. That amendment also changed the requirements for accessory garage apartments to make it simpler to construct one within a Single-FamilyHigh (SF14) Density zoning district only.

Sheds are considered accessory structures and are currently regulated by the standards below:
Accessory structures in residential districts.

(1) Maximum square footage. The total floor area of all roofed accessory buildings on a property shall not exceed 75 percent of the gross floor area of the primary structure with a maximum floor area of 1,000 square feet.
(2) Setbacks.
(3) Front: 25 feet.
(4) Side: Five feet from the lot lines.
(5) Corner: Same as required for principal structure.
(6) Rear: Five feet minimum or 15 feet from the centerline of the alley to a garage door facing the alley, whichever is greater.
(7) Building separation. Accessory structures covered with a solid roof shall be located no closer than six feet to the principal structure. Accessory structures less than six feet from the primary structure must meet the primary structure setbacks. Accessory structures may be connected to the principal structure with a canvas covered open breezeway.
(8) Height. Accessory structures shall not exceed 25 feet.

Staff had several meetings with representatives from the Echo Lake, North Shore and Westfield Neighborhood associations concerning regulating accessory structures/sheds in their neighborhoods. Their main concern is preventing accessory structures and sheds that can be seen from the street from being built. Staff had difficulty writing regulations that addressed their concerns over the size and location of the accessory structures, without negatively impacting the remainder of the Single-Family Low Density (SF7) Residential zoned districts in the City. The representatives wanted to limited sheds to between 100 to 120 feet and be only allowed behind the primary structure, outside of the side setbacks.

The City currently has 12 neighborhoods that have a SF7 zoning designation that would be impacted by any changes to the regulations. Currently, the Florida Building Code exempts storage sheds that are not designed for human habitation and that have a floor area of 720 square feet or less. These sheds are not required to comply with the mandatory wind-borne-debris-impact standards of the Florida Building Code. In addition, such buildings that are 400 square feet or less and that are intended for use in conjunction with one- and two-family residences are not subject to the door height and width requirements of the Florida Building Code. It is important to note that the lot where the large accessory structure shown in Attachment II (not considered a shed by building code) was built, is a pie/flag shaped lot which allowed the placement of the structure that is visible from the street.

To determine if there was a potential that other large accessory structures/sheds could be built, Staff did a sample analysis of existing residential lots in seven (7) of the SF7 residential zoned neighborhoods. The study concluded that a majority of the lots are not large enough to construct such a structure as well as do not have the room on the side of the house to place a shed where it can be seen from the street.

Finally, Staff looked at all the building permits issued for sheds in the City between 2017 and December 7, 2018, to determine the average size of sheds being request in a building permit. Staff found that on average the size of a shed was about 160 square feet (148 in 2017 and 171 in 2018). Based on the research done and the Florida Building Code, Staff feels it can regulate the size and location of sheds under 160 feet with the proposed language and all other accessory structures will continued to be regulated by the existing regulations.
This amendment would be in effect City-wide.

PUBLIC HEARING – QUASI JUDICIAL (24-25):
DISCLOSURE OF EX PARTE COMMUNICATIONS, IF ANY*
SWEARING IN OF WITNESSES

24. Public Hearing of Resolution No. 3-19: APPROVED Regarding a request by Angela Biagi of WGI, on behalf of the Raymond F. Kravis Center for the Performing Arts, Inc., for the approval of a Subdivision (Minor – Plat) to plat the existing Kravis Center campus, including the removal of areas for right-of-way dedication.

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 “KRAVIS CENTER”; CONSISTING OF APPROXIMATELY 10.4 ACRES LOCATED AT 701 OKEECHOBEE BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22313
Staff Recommended Motion: APPROVE Resolution No. 3-19, a Subdivision (Minor – Plat) to plat the existing Kravis Center campus. This motion is based upon the factual testimony presented, the application submitted, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the subdivision design standards set forth in Section 94-342 of the City’s Zoning and Land Development Regulations.
Background:
City Commission adopted Resolution No. 68-18 approving a Level III Site Plan for the expansion of the Dreyfoos Hall and the construction of a new valet parking garage, which requires the recordation of a plat for the Raymond F. Kravis Center site. Both Palm Beach County and the City of West Palm Beach are co-mortgagees. The Board of County Commissioners signed their consent on January 15, 2019. The City Commission is authorizing the Mayor the sign the Mortgagee’s Joinder and Consent and the City of West Palm Beach Approval on the Plat.

PLANNING BOARD: As a Minor Subdivision, the subject plat was not required to be reviewed by the City's Planning Board.

NOTICE: Individual notices were mailed to all property owners within 500 feet of the Kravis Center. Signs for the Subdivision (Minor – Plat) were posted on the property on January 26, 2019.

COMMISSION DISTRICT: The subject property is located within Commission District No. 3 – Commissioner Paula Ryan.
Fiscal Note:No fiscal impact.

25. Public Hearing and First Reading of Ordinance No. 4828-19: APPROVED Regarding a text amendment to the City's Zoning and Land Development Regulations, specifically Section 94-207, to expand the geographical area within which parking waivers may be granted; and Public Hearing of Resolution No. 22-19:

DISCUSSED: Regarding a Major Amendment to the Centrepark Commercial Planned Development (CPD) and Development of Regional Impact (DRI) to provide for the construction of a 246-unit multifamily development and grant waivers to the City’s Zoning and Land Development Regulations. The above-referenced requests are being made by Jon Schmidt, ASLA, LEED AP, of Schmidt Nichols, on behalf of Atlantic Realty Partners Inc.

Ordinance No. 4828-19: 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, ARTICLE VII, SPECIAL DISTRICTS, SECTION 94-207, PLANNED DEVELOPMENT DISTRICT, TO EXPAND THE GEOGRAPHICAL AREA WITHIN WHICH PARKING WAIVERS MAY BE GRANTED; 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.

Resolution No. 22-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A MAJOR AMENDMENT TO THE CENTREPARK COMMERCIAL PLANNED DEVELOPMENT AND DEVELOPMENT OF REGIONAL IMPACT, GENERALLY LOCATED ON THE EAST SIDE OF AUSTRALIAN AVENUE, SOUTHWEST OF INTERSTATE 95, TO PROVIDE FOR THE CONSTRUCTION OF A 246-UNIT MULTIFAMILY DEVELOPMENT AND GRANT WAIVERS TO THE CITY’S ZONING AND LAND DEVELOPMENT REGULATIONS;
CITY OF WEST PALM BEACH FEBRUARY 11, 2019
FINAL COMMISSION AGENDA PAGE 28
DECLARING THIS AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

Agenda Cover Memorandum No.: 22312
Staff Recommended Motion: APPROVE Ordinance No. 4828-19, regarding a text amendment to the City's Zoning and Land Development Regulations, specifically Section 94-207, to expand the geographical area within which parking waivers may be granted. 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 Section 94-32 of the City's Zoning and Land Development Regulations.

Resolution No. 22-19, which will approve a Major Amendment to the Centrepark Commercial Planned Development and Development of Regional Impact to provide for the construction of a 246-unit multifamily development and grant waivers to the City’s Zoning and Land Development Regulations.
Background:

(The information provided below is a general summary. A full analysis is included in the Staff Report attached hereto as ATTACHMENT 1).

Located on the east side of Australian Avenue, south of Centrepark Boulevard, the subject property is one of two vacant parcels remaining within the Centrepark Commercial Planned Development (CPD). The Centrepark CPD was originally established in 1985 with the adoption of Ordinance No. 1884-85 and Resolution No. 121-85; the development was also a Development of Regional Impact (DRI). Amended from time to time, the current master plan and development conditions for the CPD/DRI are reflected in Resolution No. 97-17.

Currently, the Development Order for the Centrepark CPD/DRI provides a Master Plan allowing for the development of office, hotel, residential, and commercial uses. It is important to note that the residential dwellings units are subject to a workforce housing policy that was approved specifically for the Centrepark DRI. Such policy was originally approved in 2006 but amended recently with the adoption of Resolution No. 98-17. In order to develop one of the two (2) remaining parcels within the CPD/DRI, the applicant has submitted an application to construct a 246-unit multifamily project on 2.48 acres at the corner of Australian Avenue and Centrepark Boulevard.

The development is proposed to consist of a seven (7) story building which completely wraps around a seven (7) level parking garage; a pool and amenity deck are located on the south west side of the building, adjacent to the existing lake that will be expanded. Normally, projects complying with the provisions of the Centrepark CPD/DRI Development Order and Master Plan would be processed in accordance with Sec. 94-35(d)(6) of the City’s Zoning and Land Development Regulations (ZLDRs) as a staff-level review. However, the applicant is requesting four (4) waivers from various provisions of the ZLDRs and as such, a Major Amendment is necessary.

The waiver requests are:
Waiver #1: Sec. 94-443(d)(2)(a) – Shade Tree Requirements for Multifamily Uses
Waiver #2: Sec. 94-443(a)(2) – Landscape Buffer (South Property Line)
Waiver #3: Sec. 94-442(d) – Palm Substitution
Waiver #4: Sec. 94-486: Table XV-6 – Required Parking
Currently, Sec. 94-207(b) (13) only allows parking waivers to be granted within Planned Development (PDs) that are east of I-95.

As the subject property is located west of I-95 a parking wavier currently is not permitted; however, the applicant is proposing to revise the City’s ZLDRs to expand the area where parking waivers may be granted, to include all of the land east of Australian Avenue, north of Belvedere Road. The expanded land area for the parking waivers corresponds with the same land area that was the subject of a Comprehensive Plan amendment in 2016 (Ordinance No. 4657-16) which expanded the boundary for the Commercial East future land use designation which allows for a mixture of residential and commercial uses.

CONCLUSION: Overall, the proposed development will introduce residential dwelling units into an area of the City that is within close proximity to the downtown but has been reserved for non-residential uses for so many years. Subject to the granting of the waivers, and the conditions contained herein, the project complies with all of the requirements of Centrepark CPD/DRI (including the workforce housing policy) and the City’s ZLDRs. Therefore, Staff is recommending approval of the requests, subject to the conditions set forth in Resolution No. 22-19.

PLANNING BOARD: After a Public Hearing on December 18, 2018, the Planning Board recommended approval (7-0) of both requests.

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. 4898-19 and Resolution No. 22-19 will be advertised in the Palm Beach Post on February 15, 2019, prior to Second Reading.

COMMISSION DISTRICT: The site is located within Commission District No. 5 – Commissioner Christina Lambert.
Fiscal Note: No fiscal impact.

COMMENTS BY THE CITY COMMISSIONERS:
COMMENTS BY THE MAYOR:
ADJOURNMENT:

*Pursuant to Resolution No. 179-95, adopted according to the provisions of Section 286.0115, Florida Statutes, members of the Commission shall disclose on the record: 1) ex-parte communications - verbal or written and written communications shall be placed in the record; and 2) site visits, investigations, etc.

NOTICE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION OF THE CITY COMMISSION AT THIS MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THAT PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OFWEST PALM BEACH DOES NOT PREPARE OR PROVIDE SUCH A RECORD.