City of West Palm Beach City Commission AGENDA. October 23, :00 P.M.

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1 City of West Palm Beach City Commission AGENDA October 23, :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) } 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:

2 FINAL CITY COMMISSION AGENDA Page 2 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. Minutes of the Regular City Commission Meeting of September 25, Agenda Cover Memorandum No.: Approve the Minutes of the Regular City Commission Meeting held on September 25, Resolution No accepts the Division of Library and Information Services, Library Services and Technology Grant for the Mandel Public Library's Square One Initiative program and approves the Grant Agreement. PALM BEACH, FLORIDA, APPROVING A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES ACCEPTING GRANT FUNDING FOR THE SQUARE ONE PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No By Resolution No , the City Commission authorized the submittal of an application to the Florida Department of State, Division of Library and Information Services for a Library Services and Technology Grant for staffing and programming for disconnected young adults.

3 FINAL CITY COMMISSION AGENDA Page 3 On July 11, 2017, the Mandel Public Library was awarded $45,208 from the Division of Library and Information Services under the Library Services and Technology Act for fiscal year to fund the second year of a program series entitled, "Square One Initiative - Reconnecting Disconnected Young Adults". The Square 1 Initiative provides programming for disconnected young adults 16 to 29. The Mandel Public Library of West Palm Beach will work with CareerSource and other departments within the City including the Mayor s Village Initiative, Vickers House and the Youth Empowerment Center to expand services to 16 to 29 year old young adults who are unemployed and not attending school. This space will be staffed up to 32 hours/week by an associate librarian (funding provided through this grant) and a Literacy AmeriCorps member. This will enable the Library to provide enhanced services to enable these young adults to navigate the challenges facing them. These include getting a driver s license, graduating from high school or getting a GED, job skills and instruction in Microsoft Word, Excel and PowerPoint as basic skills in these programs are required for many jobs. The Library will also provide training in more advanced technology including Adobe PhotoShop. The Library will connect with local business leaders to provide seminars designed to discuss issues relevant to the young job-seeker and volunteer/internship possibilities. The Mandel Public Library of West Palm Beach is excited about this unique opportunity to further address the needs of our local young adults, as well as the opportunity to further develop the mutually-beneficial relationships with CareerSource of Palm Beach County and other organizations in the area. Fiscal Note: Grant funds were appropriated with the final adoption of FY17/18 budget on September 28, 2017.Matching funds equal to 33% of the grant amount are required. 3. Resolution No authorizing the execution of a successor collective bargaining agreement between the City of West Palm Beach and the International Association of Fire Fighters (IAFF), Local 727, Battalion Chief Unit, for the period November 1, 2017 through September 30, PALM BEACH, FLORIDA RATIFYING A CERTAIN COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 727, BATTALION CHIEF UNIT, FOR THE PERIOD NOVEMBER 1, 2017 THROUGH SEPTEMBER 30, 2020; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No

4 FINAL CITY COMMISSION AGENDA Page 4 Attached for your approval is Resolution No ratifying the Collective Bargaining Agreement (CBA) between the City of West Palm Beach and International Association of Fire Fighters (IAFF), Local 727, Battalion Chief unit. the parties have reached a nearly three (3) year agreement for the period beginning November 1, 2017 through September 30, Highlights of the agreement are shown below; exact language of tentative agreement is attached for comprehensive review. 1. Article 30, SALARY PLAN Section 3: Changes to language regarding promotional increases based on proposed step plan. Section 8: New step plan effective the first full pay period on or after November 1, Other Articles have been deleted and referenced to the related Articles in the other IAFF Collective Bargaining Agreement in order to avoid duplication. 4. Resolution No authorizing the execution of a successor collective bargaining agreement between the City of West Palm Beach and the International Association of Fire Fighters (IAFF), Local 727, Rank & File, for the period of November 1, 2017 through September 30, PALM BEACH, FLORIDA RATIFYING A CERTAIN COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), LOCAL 727, RANK & FILE, FOR THE PERIOD NOVEMBER 1, 2017 THROUGH SEPTEMBER 30, 2020; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Attached for approval is Resolution No ratifying the Collective Bargaining Agreement (CBA) between the City of West Palm Beach and International Association of Fire Fighters (IAFF), Local 727, Rank & File Unit. The parties have reached a nearly three (3) year agreement for the period beginning November 1, 2017 through September 30, Highlights of the agreement are shown below; exact language of the tentative agreement is attached for comprehensive review. 1. Article 8: PHYSICAL EXAMINATIONS AND WELLNESS Updates to required medical tests for annual firefighter physical examinations.

5 FINAL CITY COMMISSION AGENDA Page 5 2. Article 20: ASSIGNMENTS Section 1, B: Changes to assignment pay to be effective April 1, Article 21: BASIC WORK WEEK Section 1: Change in the cap for overtime threshold from 159 hours to 144 effective April 1, Article 27: INSURANCE BENEFITS Section 12: Update to VEBA language 5. Article 30: SALARY PLAN Section 7: Paramedic Incentive Pay increase to maximum amount to $ per pay period effective October 1, 2018 and to $ per pay period effective October 1, Section 8: Elimination of Inspector Incentive and Trainer Incentive effective October 1, 2018; addition of SWAT-Medic Assignment Incentive and Honor Guard Team Incentive effective November 1, 2017; changes in Technical Rescue Certifications effective October 1, 2018; change in the stipend amount for the Hazardous Materials Technician Certification; and changes to the stipend for the Dive Rescue Certification. Section 10: New step plan to be effective October 1, Resolution No approving a First Amendment to the Interlocal Agreement between the City and Palm Beach County providing the protocols for the referral and transport of homeless individuals to The Senator Philip D. Lewis Center. PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND PALM BEACH COUNTY, PROVIDING PROTOCOLS FOR THE REFERRAL AND TRANSPORT OF HOMELESS INDIVIDUALS TO THE SENATOR PHILIP D. LEWIS CENTER, EXTENDING THE TERM TO MAY 21, 2022; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No In 2011, when the City sold property located at th Street to Palm Beach County for the Homeless Resource Center, now known as The Senator Philip D. Lewis Center,

6 FINAL CITY COMMISSION AGENDA Page 6 the City and County entered into an Interlocal Agreement which authorizes the City to use the Homeless Resource Center and provides the protocol by which the City refers and transports the homeless for acceptance into the Homeless Resource Center and provides for payment of any of transport costs incurred by the City. The County has similar interlocal agreements with each of the municipalities that refer individuals to the Center. The agreement obligates the City to (a) abide by the Palm Beach County Law Enforcement Agencies Best Practices for Interaction with the Homeless; (b) follow the County's referral procedures; (c) train personnel who interact with the homeless; and (d) reimburse the County the cost of transport if we utilize the County's transport provider. The Police Department has been working cooperatively with personnel at The Lewis Center for the past five years in order to assist people dealing with homelessness. It is the Police Department's desire to continue this cooperative approach with other agencies in the county as well as The Lewis Center. The resources provided at or facilitated by The Lewis Center are of significant benefit to officers who encounter subjects at risk in the course of their day. The proposed Amendment renews the term of the Agreement to May 21, Resolution No approving submittal of an application to the Federal Emergency Management Agency (FEMA) for a Presidential Residence Protection Assistance Grant (PPRAG) for the reimbursement of operational law enforcement overtime incurred in FY2017 while participating in the effort to protect the President of The United States of America. PALM BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR A PRESIDENTIAL RESIDENCE PROTECTION ASSISTANCE GRANT REQUESTING REIMBURSEMENT FOR EXPENDITURES INCURRED BY THE POLICE DEPARTMENT DURING FISCAL YEAR 2017 IN THE EFFORT TO PROTECT THE PRESIDENT OF THE UNITED STATES AND THE FIRST FAMILY WHILE IN PALM BEACH COUNTY; PROVIDING FOR AN EFFECTIVE DATE; AND OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The City of West Palm Beach, on behalf of its Police Department, wishes to submit an application to the Federal Emergency Management Agency (FEMA) Presidential Residence Protection Assistance Grant (PPRAG) for the reimbursement of operational law enforcement overtime incurred in FY2017 while participating in the effort to protect the President of The United States of America. The City incurred a significant amount of law enforcement personnel overtime while working at the request of and in cooperation

7 FINAL CITY COMMISSION AGENDA Page 7 with the United State Secret Service as the President of The United States of America and the First Family visited and travelled to and from their non-governmental home on Palm Beach. These activities took place while President Trump was both the President Elect and after his inauguration on January 20, The State of Florida applied for phase one of this reimbursement on behalf of the City of West Palm Beach, however, the City of West Palm Beach was directed to apply separately for Phase Two which limited expenditures to those between January 21, 2017 and September 30th, Resolution No authorizes submittal of the grant application. Fiscal Note: This will be a reimbursement for previous unbudgeted expenditures for overtime. 7. Resolution No approving Amendment No. 1 to the Landscape Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for State Road 704 (Okeechobee Boulevard) to construct additional improvements adjacent to the new Restoration Hardware at 560 Okeechobee Boulevard. Resolution No approving a Right-of-Way (ROW) Maintenance Agreement with CityPlace Office II LLC. RESOLUTION NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE ROAD 704 (OKEECHOBEE BOULEVARD) TO CONSTRUCT ADDITIONAL IMPROVEMENTS ADJACENT TO THE NEW RESTORATION HARDWARE AT 560 OKEECHOBEE BOULEVARD; 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 RIGHT-OF WAY MAINTENANCE AGREEMENT WITH CITYPLACE OFFICE II LLC TO MAINTAIN A PORTION OF STATE ROAD 704 (OKEECHOBEE BOULEVARD); PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No and Resolution No

8 FINAL CITY COMMISSION AGENDA Page 8 On August 3, 2015, the City Commission approved Resolution No permitting the construction of a Restoration Hardware gallery on the Okeechobee Parcel immediately east of Rosemary Avenue. The landscape plan approved as part of the resolution includes pavers and required landscape within the Okeechobee Boulevard right-of-way, which is controlled by the Florida Department of Transportation (FDOT). As the FDOT will not contract directly with a developer, a Landscape Maintenance Memorandum of Agreement (MMOA) between FDOT and the City for the maintenance of material installed within the Okeechobee Boulevard right-of-way is required. The City submitted the plans for the improvements to FDOT for review and the FDOT determined that the new installation would require an amendment to the previously approved MMOA for Okeechobee Boulevard (attached) approved by Resolution No The original MMOA covered the paver installation that the Related Companies did for the Okeechobee Boulevard pedestrian crossing on the west side of Rosemary Avenue within the median as part of the Hilton Hotel project. Resolution No approves Amendment No. 1 to the MMOA for the intersection of Okeechobee Boulevard and Rosemary Avenue to cover the landscape and paver material installed by Restoration Hardware as part of their development plan. Resolution No approves a Right-of-Way Maintenance Agreement with CityPlace Office II LLC, the property owner of the Okeechobee Parcel, which will transfer the maintenance obligations for the Restoration Hardware improvements within the FDOT right-of-way to CityPlace Office II LLC. COMMISSION DISTRICT - The subject area is located in Commission District No. 3 - Commissioner Paula Ryan. Fiscal Note: No fiscal impact. 8. Resolution No authorizing the abandonment of a 5 foot utility easement within Tract RW, Plat of Presidential Storage located at 1620 N. Congress Avenue. PALM BEACH, FLORIDA VACATING AND ABANDONING A 5 FOOT UTILITY EASEMENT WITHIN THE PROPERTY LOCATED AT 1620 N. CONGRESS AVENUE; AUTHORIZING THE MAYOR TO SIGN A DISCLAIMER OF INTEREST IN SUCH UTILITY EASEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No

9 FINAL CITY COMMISSION AGENDA Page 9 In 1971, the President Country Club, Plat No. 1 ( Plat ) dedicated an easement to the public for public utilities. A portion of the property was subsequently replatted in August, 2016 as Presidential Storage, Tract RW. As a requirement of the development, Tract RW is being dedicated to the County for additional right-of-way along Congress Avenue. There are no utilities located in the area to be abandoned and the utility easement is no longer needed. All the utility companies have signed off on the abandonment. Approval of Resolution No will allow for the transfer of the property to the County. COMMISSION DISTRICT: The subject property is in Commission District No. 3 - Commissioner Paula Ryan. 9. Resolution No accepting a temporary easement for a pedestrian walkway west of the Clematis Street Parking Garage. PALM BEACH, FLORIDA, APPROVING A TEMPORARY EASEMENT AGREEMENT WITH TOBIAS PARTNERS, LP, TO USE THE PROPERTY ADJACENT TO THE WEST SIDE OF THE CLEMATIS STREET GARAGE FOR A PEDESTRIAN WALKWAY BETWEEN BANYAN BOULEVARD AND CLEMATIS STREET; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The third track constructed by All Aboard Florida/Brightline is situated within the FEC right-of-way, but approximately ten feet from the sidewalk on the east of the Clematis Street Parking Garage. The sidewalk east of the Clematis Street Parking Garage connects Banyan Boulevard to Clematis Street and is used regularly by pedestrians; For pedestrian safety, All Aboard Florida/Brightline has requested that the City close the sidewalk on the east of the Clematis Street Parking Garage. However, with the opening of the Brightline train station, it is anticipated that there will be more pedestrians seeking to walk from Banyan Boulevard to Clematis Street, without crossing the tracks and crossing back again, or walking down to Sapodilla Street. Tobias Partners, LP, and Berendo Partners, LP (collectively, the Grantor ), are the fee title owner of that certain real property located at 550 Banyan Boulevard in the City of West Palm Beach (the Property ), a portion of which is adjacent to the west of the Clematis Street Parking Garage. Grantor has agreed to grant a temporary easement to the

10 FINAL CITY COMMISSION AGENDA Page 10 City for the purposes of providing a lighted pedestrian walkway along the west side of the Clematis Street Parking Garage to connect Banyan Boulevard and Clematis Street. The City and Grantor acknowledge and agree that the property at 500 Banyan Boulevard will, at some time, be developed by the Grantor or its assigns, and the easement area will need to be utilized during construction. As such, upon written notice to City by the Grantor of construction commencing, the temporary easement will be terminated. The Grantor and City agree to meet in good faith upon completion of the development of the Property to attempt to negotiate a replacement easement to re-establish the pedestrian walkway. Resolution No approves execution of the Temporary Easement Agreement and directs the City Clerk to record the Agreement in the Public Records of Palm Beach County. Fiscal Note: No fiscal impact. 10. Resolution No (F) provides additional appropriations for the utility improvements in connection with Tamarind Avenue South Improvements project (Banyan Avenue to Palm Beach Lakes Boulevard). PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2017/2018 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 AND THE STORMWATER SERIES 2008C REVENUE BOND CONSTRUCTION FUND BUDGETS TO PROVIDE APPROPRIATIONS FOR TAMARIND AVENUE SOUTH IMPROVEMENTS IN CONNECTION WITH THE TAMARIND AVENUE STREETSCAPE IMPROVEMENTS PHASE 2 PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No (F). The improvements and beautification of Tamarind Avenue between Banyan Boulevard and Palm Beach Lakes Boulevard is an identified and approved neighborhood initiative in the Community Redevelopment Agency ("CRA") Strategic Finance Plan. The Tamarind Avenue pedestrian safety and streetscape improvements project will provide necessary improvements that will enhance the pedestrian comfort and safety for this road and will significantly improve the esthetics of this downtown street which serves as a gateway to the downtown and helps connect City activity nodes such as the Palm Tran

11 FINAL CITY COMMISSION AGENDA Page 11 intermodal station, Seaboard Train Station, and UB Kinsey Elementary School. In addition, this section of Tamarind Avenue completes a connection to the downtown/pedestrian activity nodes with the previously approved Tamarind Avenue Transportation Enhancement grant for improvements between Palm Beach Lakes Boulevard and 25th Street (Tamarind Avenue Streetscape Improvements Project - Phase 1). The construction of Phase 1 improvements project was completed in On February 27, 2017, by Resolution No. 8-17, the City Commission authorized a Local Agency Program ("LAP") agreement with FDOT for the acceptance of $752, in grant funds for the construction of pedestrian enhancements (sidewalks), landscaping, and lighting on Tamarind Avenue between Banyan Boulevard and Palm Beach Lakes Boulevard, Tamarind Avenue Streetscape Improvements Project - Phase 2, ("Project"). On February 13, 2017, by Resolution No , the City Commission approved the design features for the Project. Within the corridor of the Project, improvements of City's aging infrastructure (water, sanitary sewer, and stormwater) are required. Such utility improvements involve replacement of vitrified clay sanitary sewer pipes, cast iron water mains, and deteriorating reinforced concrete stormwater system. Based on the updated construction cost estimate, additional funding required to accomplish the desired utility improvements is $3,828,000. This amount includes a 10% construction contingency and construction phase services (construction administration and inspection services). Funding for the project is being provided from the Reserve for Future Projects Accounts in Fund 454 and Fund 488. No General Fund dollars are required. Dollar Amount Description Funding Source $1,778,000 Stormwater Reserve for Future Projects, Stormwater series 2008C Revenue Bond Construction Fund (Fund 488) $1,275,000 Water Reserve for Future Projects, Water & Sewer Renewal & Replacement Fund (Fund 454) $ 775,000 Sewer Reserve for Future Projects, Water & Sewer Renewal & Replacement Fund (Fund 454) The project is currently in final design phase. The target bid and construction schedule for the project is November 2017 and February 2018, respectively. COMMISSION DISTRICT: District 3 - Commissioner Paula Ryan Fiscal Note: Post approval, the Reserve for Future Projects balances will be approximately $417 in Fund 488 Stormwater Series 2008C Revenue Bond Construction fund, and $ 6.7m in Fund 454 Water/Sewer Renewal & Replacement fund.

12 FINAL CITY COMMISSION AGENDA Page Resolution No authorizing the release of City liens encumbering several parcels owned by the West Palm Beach Community Redevelopment Agency. PALM BEACH, FLORIDA, RELEASING CERTAIN CITY IMPOSED LIENS ENCUMBERING SEVERAL PARCELS OWNED BY THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The West Palm Beach Community Redevelopment Agency owns a number of real estate parcels which are encumbered with recorded city liens. The City Attorney s office is in the process of clearing title to the parcels so that they can be disposed of, in furtherance of agency goals and objectives, with clear title. The liens subject to this request are primarily demolition and lot clearing liens which were imposed by resolution. The City Commission is requested to release the liens and authorize the Mayor to execute releases and any other documents necessary release the liens. COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS: RESOLUTIONS (12 14): 12. Resolution No approving a Master Consulting Contract with Enhanced Management Solutions, LLC, in an amount not to exceed $300,000, to provide consulting services to the IT Department. PALM BEACH, FLORIDA, APPROVING A MASTER CONSULTING AGREEMENT WITH ENHANCED MANAGEMENT SOLUTIONS, LLC; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The City of West Palm Beach is currently hosting multiple applications and workflows on our aging Lotus Notes system. Enhanced Management Solutions is a certified Small Business and Minority owned Business that specializes in process analysis and mapping along with planning and action plan development. During a previous engagement, Enhanced Management Solutions completed the process mapping for our Public Records Requests process. Enhanced Management Solutions will identify the process workflows

13 FINAL CITY COMMISSION AGENDA Page 13 to assist with the replacement of the various applications that currently reside on the aging Lotus Notes server as we continue with our aggressive technology project initiatives. The IT Department is seeking authorization to enter into a contract with a cost not to exceed $300,000.00, with Enhanced Management Solutions, LLC. Section of the Procurement Code requires Commission approval for consultants in excess of $50,000 that have not been competitively selected. Fiscal Note: No fiscal impact - contracted services to begin October FY Resolution No approving a Master Consulting Contract with Green & Gentry CPAs, LLC, in an amount not to exceed $836,000, to provide consulting services to the IT and Development Services Departments. PALM BEACH, FLORIDA, APPROVING A MASTER CONSULTING CONTRACT WITH GREEN & GENTRY CPAs, LLC; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No Green & Gentry, CPAs, LLC. has provided the IT Department with Certified Project Management Professional (PMP) services for nearly two years, and are currently managing projects such as the CISCO Infrastructure Replacement, Oracle Hardware Replacement, Hyperion budgeting software implementation and the Citywide Camera project. In an effort to continue the aggressive technology project schedules we are requesting to continue utilizing Green & Gentry project management services for these projects. We are also asking to add additional project management services for the upcoming Development Services Application Replacement project and the migration from Lotus Notes to Microsoft Outlook (O365). Additional project management services will be billed on an as needed basis based on workload and priority. Services provided include: 1. Community Development Consulting Services Project Estimated 75% Effort includes the following Phases: (1) Project Management (2) Needs Assessment (3) Development Services RFP Preparation (4) Vendor Evaluation and Selection (5) Development Services SOW and Contract Negotiations (6) Project Implementation

14 FINAL CITY COMMISSION AGENDA Page 14 2.Various Information Technology Projects and Efforts as assigned Estimated 25% Effort. 3. Project Management for future IT projects on an as-needed basis. To recognize a significant cost savings as well as leverage its expertise we request approval to engage in an additional one-year contract with Green & Gentry; CPAs, LLC, for up to 4 project management resources with a not to exceed contract amount of $836,000. This extension will be funded from both the IT and Development Services Departments budgets. Section of the Procurement Code requires Commission approval for consultants in excess of $50,000 that have not been competitively selected. Fiscal Note: $28,000 paid for by Development Services in FY2017, $156,000 paid in FY18. $652,000 paid for by IT in FY Resolution No updating the Comprehensive Fee Schedule for the City of West Palm Beach. PALM BEACH, FLORIDA, AMENDING AND REPLACING THE COMPRESHENSIVE FEE SCHEDULE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Resolution No The Finance Department in conjunction with Department Directors and Division Managers throughout the City developed a Comprehensive Fee Schedule in fiscal year 2013/14 which was adopted by the City Commission on December 9, 2013 under Resolution No The rationale behind creating a comprehensive fee schedule is to provide efficiency, transparency, consistency, and revenue assurance/enhancement. Resolution No provided for the annual review, and updating as needed, of the City's Fee Schedule. The Comprehensive Fee Schedule approved through Resolution No provided new and revised fees based on the cost of providing the related services as aligned with the FY 2016/17 budget. The Comprehensive Fee Schedule has been reviewed by all department directors and the changes or revisions proposed for FY 2017/18 are listed as follows: FIRE DEPARTMENT New - Special Event equipment hourly fee of $50.00 each for the use of an Urban Search and Rescue Trailer, and for a Foam Trailer. Changes - False Fire Alarm fee removes charges for the third false alarm and adds

15 FINAL CITY COMMISSION AGENDA Page 15 $50.00 to the current fee of $ for the sixth and above alarms within a year, for a cost of $200 each. Emergency Transport fee of $3.00 per month for past due accounts has been eliminated. FINANCE DEPARTMENT Amends the rate schedule for Dishonored check fees to mirror the language in Florida Statute (5) to read: If the face value does not exceed $50.00, the fee is $25.00 If the face value is more than $50.00 but does not exceed $300, the fee is $30.00 If the face value is more than $300.00, the fee is $40.00 HOUSING AND COMMUNITY DEVELOPMENT (HCD) The Department of Housing and Community Development (HCD), undertakes various projects and activities to create, preserve, and enhance affordable and/or workforce housing. The costs associated with undertaking said projects and activities may, in part, be borne by the sub-recipient in accordance with applicable funding sources and HCD's underwriting guidelines. The following fees may be charged; Loan Application Fee: a One-time fee of.150 basis points. Fee charged is a portion of the actual costs. Project Monitoring Fee: Based on hourly cost of staff time. Mortgage Modification Fee: a One-time Fee of $500 payable only upon approval of new terms by the borrower(s). PARKING: Special Events parking fee from $20.00 up to a maximum of $30.00 PARKS AND RECREATION Warren Hawkins Aquatic Center fee changes: Lessons - summer camps for Youth for Residents and Non-Residents : 6 classes required, fee change from $25.00 to $35.00 Winter Teams for College for Residents and Non-Residents: Per Day (4 hours) Per Lane, fee change from $30.00 to $50.00 Lifeguard Instructor Review course: New course offered, Resident fee of $ and Non-Resident fee of $ Holiday Camps: Daily Camp Fees for Youth, New offering, Resident fee of $18.00 and Non- Resident fee of $30.00 Daily Camp Fees with Field Trip for Youth, New offering, Resident fee of $28.00 and Non-Resident fee of $40.00 Journey Quest Daily for Youth, New offering, Resident fee of $30.00 and Non- Resident fee of $45.00 Thank Goodness No School (TGNS) Days: Youth Residential fee change from $15.00 to $18.00 per day and Non- Residential fee change from $25.00 to $30.00

16 FINAL CITY COMMISSION AGENDA Page 16 SANITATION Residential Single Family Up to 96 gallon container (detached) or two 48 gallon containers for the same monthly fee of $16.00 (just adds the option of two 48 gallon) Residential Single Family Wear and Tear/Additional 96 gallon container setup Onetime fee of $75.00 Residential Single Family Additional 96 gallon service monthly fee of $10.00 Commercial, 96 gallon automated container or two 48 gallon containers for the same monthly fee of $20.00 (just adds container options and no more bags) Condominium and Government Commercial/Container System One time per week: Non-compacted container remains at $19.00 monthly, adds terms of "Per Cubic Yard". Compacted container remains at $38.00 monthly, adds terms of "Per Cubic Yard". Other Commercial/Container System One time per week pick up: Non-compacted container remains at $32.00 monthly, adds terms of "Per Cubic Yard". Compacted container remains at $64.00 monthly, adds terms of "Per Cubic Yard". Special Collection Pickups: Collection fee per pick up remains at $ adds terms of "Per Request/Per Load" SWA tipping fee/pick up as assessed by SWA adds terms of " Per request/per load" Fiscal Note: The estimated revenue generated from fees is included in the FY 2017 budget. PUBLIC HEARINGS (15 18): 15. Public Hearing and Second Reading of Ordinance No establishing a moratorium on the acceptance of applications and the issuance of permits for Cannabis Dispensing Facilities and Medical Marijuana Treatment Centers. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DECLARING A MORATORIUM AS TO THE FILING OF APPLICATIONS FOR CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE CITY OF WEST PALM BEACH AND DECLARING A ZONING IN PROGRESS TO COMPLETE DEVELOPMENT OF ZONING AND LAND DEVELOPMENT REGULATIONS FOR THE PLACEMENT OF CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS; MAKING LEGISLATIVE FINDINGS OF FACT; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING A SUNSET CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Agenda Cover Memorandum No.: 21632

17 FINAL CITY COMMISSION AGENDA Page 17 Approve Ordinance No On June 16, 2014, the Compassionate Medical Cannabis Act of 2014 was signed into law, allowing certain patients access to medical marijuana prescribed by qualifying physicians. Under Section , Florida Statutes, two types of medical marijuana can now be obtained by qualifying patients: a low-thc (tetrahydrocannabinol) cannabis for patients with chronic seizures or muscle spasms, and a full-thc cannabis for terminally ill patients. Florida voters passed Amendment 2 on November 8, 2016, which expanded the availability of medical marijuana to qualifying patients with other conditions including cancer, epilepsy, glaucoma, AIDS, PTSD, Amyotrophic Lateral Sclerosis, Crohn s Disease, Parkinson s disease, and Multiple Sclerosis. Florida Senate Bill 8-A was subsequently passed and became effective on June 23, 2017, making certain amendments to the Compassionate Use Act. Planning Staff is currently drafting zoning regulations with specific requirements for cannabis dispensing facilities and medical marijuana treatment centers. Ordinance No will formally establish the moratorium and zoning in process until 11:59 p.m. on April 1, 2018, unless sooner repealed. The moratorium would be in effect City-wide. 16. Public Hearing and First Reading of Ordinance No amending Section of the Code of Ordinances to clarify the language relating to cost of living adjustments under the Restated Defined Benefit Compensation System retirement plan. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES AT CHAPTER 62 (PERSONNEL AND RETIREMENT), ARTICLE III (PENSIONS AND RETIREMENT), DIVISION 5 (RESTATED EMPLOYEES DEFINED BENEFIT RETIREMENT SYSTEM), SECTION ENTITLED COST OF LIVING ADJUSTMENTS TO CLARIFY THE METHOD OF CALCULATION OF SUCH ADJUSTMENTS; PROVIDING CODIFICATION, CONFLICTS, AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for November 6, 2017.

18 FINAL CITY COMMISSION AGENDA Page 18 The Employees Defined Benefit Retirement Systems (DB Plan) began providing for cost of living adjustments (COLA) in The original 1974 COLA provision was restated in the 1997 ordinance amending and restating the DB Plan. The language regarding computation of a cost of living adjustment is confusing, especially to participants and beneficiaries of the DB Plan. The Trustees of the Restated DB Plan have recommended that Sec be amended to more clearly describe the method of calculating the COLAs. The proposed revised language has been approved by the Plan s actuary. Ordinance No accepts the recommendation of the Trustees and amend Sec to try to clarify the language regarding how cost of living adjustments are calculated. The revision does not make any changes to the process, timing or amount of such cost of living adjustments. It merely revises the language to make the provision better understood. Fiscal Note: No fiscal impact, as it does not change how COLA calculations are made. 17. Public Hearing and First Reading of Ordinance No amending the Code of Ordinances regarding the Defined Contribution Retirement System to allow hardship loans for declared emergencies and to allow more than one loan per year in such instances. 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 62 PERSONNEL AND RETIREMENT, ARTICLE III - PENSIONS AND RETIREMENT, DIVISION 3 DEFINED CONTRIBUTION RETIREMENT SYSTEM, SECTION LOANS TO PARTICIPANTS AND SECTION ADMINISTRATION, TO ALLOW HARDSHIP LOANS FOR DECLARED EMERGENCIES AND DISASTERS AND TO ALLOW FOR MORE THAN ONE LOAN IN A ONE- YEAR PERIOD WHEN THE IRS GRANTS RELIEF FROM SUCH RESTRICTIONS; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for November 6, The City Commission of the City of West Palm Beach established a defined contribution retirement system for its employees, as set forth in Chapter 62 - Personnel and

19 FINAL CITY COMMISSION AGENDA Page 19 Retirement, Article III Pensions and Retirement, Division 3 Defined Contribution Retirement System of the Code of Ordinances. The Defined Contribution Retirement System establishes specific purposes for which loans may be granted to participants from retirement funds, and provides that no more than one loan may be made to a participant in any one-year period. On September 4, 2017, by Executive Order Number , Governor Scott declared a state of emergency for areas impacted by Hurricane Irma, including the City of West Palm Beach. Palm Beach County, including the City of West Palm Beach, was identified for individual assistance as a result of Hurricane Irma by the Federal Emergency Management Agency. Pursuant to Internal Revenue Service ( IRS ) Announcement , relief may be granted to taxpayers who have been adversely affected by Hurricane Irma and who have retirement assets in qualified employer plans that they would like to use to alleviate hardships caused by Hurricane Irma. The Administrative Committee of the West Palm Beach Defined Contribution Retirement Plan have determined that it is in the best interests of the Plan participants and beneficiaries to amend the provisions of the Plan to allow for more than one loan in a one-year period when relief is granted by the IRS as a result of a declared disaster or other emergency and recommends approval of such amendment by the City Commission. Ordinance No amends Sections and of the Code of Ordinance (which sets forth the Defined Contribution Retirement Plan) to allow more than one loan in a one-year period when one loan is a hardship loan as a result of a declared disaster or other emergency and relief has been granted by the IRS. Fiscal Note: No fiscal impact. 18. Public Hearing and First Reading of Ordinance No Regarding the Solar Energy Agreement with Florida Power & Light Company for Installation of Solar Trees in Howard Park. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A SOLAR ENERGY AGREEMENT WITH THE FLORIDA POWER & LIGHT COMPANY FOR INSTALLATION OF SOLAR TREES IN HOWARD PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: Approve Ordinance No on First Reading and schedule a Public Hearing and Second Reading for November 6, 2017.

20 FINAL CITY COMMISSION AGENDA Page 20 The City of West Palm Beach has long recognized Climate Change as an important global issue and is working to prepare our community now and for the future. West Palm Beach has established a community wide greenhouse gas reduction goal of Net Zero emissions by 2050, Mayor Muoio is a leading "Climate Mayor" and this year committed to Mayors for 100% Renewable Energy, a US Conference of Mayors resolution to move to 100% renewables. As part of the overall Sustainability Action Plan, STAR Communities certification and Compact of Mayors commitment, key strategies, including utilization of solar energy have been identified to help meet those goals both within City operations and community wide. The FPL SolarNow program is a Florida Public Service Commission approved voluntary solar partnership program, which provides FPL customers with a way to support the development of solar energy systems in local Florida communities, without impacting non-participating customers and without the up-front costs of installing solar systems on their home or business. As part of the program, residents, businesses, local organizations and FPL partner to build solar canopies or trees in public community locations. For a nominal contribution of $9 a month, customers can choose to support the development of these projects. The City desires to partner with FPL to have three (3) Solar Trees installed in the northern most boundary of Howard Park, west of the Convention Center, and just south of Okeechobee Blvd. The Solar Trees will provide shade, generate clean energy for USB charging ports and provide education about solar energy. The Solar Trees are in line with goals identified by the Gehl Study and have been shared with the surrounding communities. The Solar Agreement with FPL grants FPL the use of a portion of Howard Park for a term of ten (10) years, which may be renewed for one additional five (5) year term, for installation of 3 solar trees or other renewable energy generating equipment. During the term of operation, FPL will operate and maintain its solar equipment in good working order and in a safe, clean manner at FPL's expense. FPL acknowledges that it is installing the solar equipment on public property accessible by the general public and that the City will have no liability to FPL for damage to the equipment caused by a member of the public, unless caused by the City s negligence, misconduct or willful omission. The City will conduct routine maintenance on the grounds at the solar site. The Solar Agreement includes a mutual indemnification provision whereby the City indemnifies FPL, to the limits of sovereign immunity under Sec , Florida Statutes, from any third party claims related to the solar trees, to the extent arising from the negligence or willful misconduct of the City, its employees, contractors and agents; and FPL indemnifies the City from third party claims arising from the negligence or willful misconduct of FPL, its agents, employees, representatives, contractors, or sub-contractors up to One Million Dollars ($1,000,000). FPL will be required to provide general liability insurance coverage.

21 FINAL CITY COMMISSION AGENDA Page 21 The generating of solar energy within Howard Park utilizing FPL equipment serves a valid public purpose by providing a benefit to the City and its residents by providing USB charging in Howard Park and educating the community about solar energy. Ordinance No approves the Solar Agreement with FPL. An Ordinance is required pursuant to Sec of the Code of Ordinances because the Solar Agreement grants FPL an interest in City property for a term of more than five years. COMMENTS BY THE CITY COMMISSIONERS: COMMENTS BY THE MAYOR: ADJOURNMENT: 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 OF WEST PALM BEACH DOES NOT PREPARE OR PROVIDE SUCH A RECORD.