Agenda 03-20-12 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MARCH 20, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
William Orlove
Vice Mayor – District I
Mack McCray
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
We’re Reinventing City Living for
The Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
2 of 477
1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
Closed-door session to be held at 5:45 p.m., March 20, 2012 regarding CLEAR
CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant -
Case No. 502011CA014815XXXXMB(AJ)
B. Invocation by St. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Mayor Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclamation Honoring the Children of the American Revolution
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
PROPOSED RESOLUTION NO. R12-021
A. - Approve and authorize signing of an
Agreement for Water Service outside the City Limits with Mary B. Lacey for the
property at 1079 Highview Rd, Lantana, FL.
3 of 477
PROPOSED RESOLUTION NO. R12-022
B. - Approve and authorize execution of an
interlocal agreement between the City of Boynton Beach and the Board of County
Commissioners of Palm Beach County, accepting grant funded equipment from the
County Division of Emergency Management's EMS Grant Award Program.
C. Accept the written report to the Commission for purchases over $10,000 for the month
of February 2012.
D. Approve a one year extension for "Brokers and/or Agents for the Annual Contract for
the Property and Casualty Insurance Program" with (1) Arthur J. Gallagher & Co., and
(2) Employers' Mutual Insurance Co. (EMI) for the period April 1, 2012 to March 31,
2013, as allowed in RFQ/RFP 025-1710-11/JMA.
E. Approve classification of Human Resources Project Manager and substitute it for one
of the existing Human Resources Generalist positions in the FY 2011-2012 Adopted
Budget.
F. Approve an increase to the blanket purchase order (#120342) to Emergency Vehicle
Supply from $24,500 to $50,000 as a piggyback contract with the Broward County
Sheriffs Office.
G. Accept the resignation of Sebastian Luglie, a student, voting member of the Education
and Youth Advisory Board
H. Accept the resignation of Jeffrey Fisher, a regular member of the Financial Advisory
Committee
PROPOSED RESOLUTION NO. R12-023
I. - Approve the Interlocal Agreement with the
School Board of Palm Beach County regarding Galaxy Elementary School that
provides for conveyance of the Preservation Property located adjacent to the
relocated City park at the new Galaxy Elementary School site.
J. Approve the minutes from the City Commission regular meeting held on March 6,
2012
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R12-024
A. - Approve a contract with Aware Digital,
Inc. for Security System Upgrades for both of the Utility Water Treatment Plants in the
amount not to exceed $375,000 plus an allowance for permitting of $10,000 as a
result of RFQ 072-2821-11/TWH.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
4 of 477
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO. 12-006 - FIRST READING
A. - Amend the Land
Development Regulations (LDR) to 1) allow elementary, middle, and high schools in
the Planned Unit Development (PUD) zoning district; 2) allow certain types of
commercial uses as accessory uses within City-owned/operated parks that are zoned
Recreation (REC); and 3) clarify the restrictions associated with the commercial
component of beverage and food manufacturing establishments. City-initiated.
The processing of this item has been delayed and will be scheduled for the April
3rd Commission meeting. Tabling of this item is necessary at this time to
maintain the validity of current legal notices.
B. Approve Seabourn Cove Phase II new site plan (NWSP 12-001) for multi-family
residential (rental apartments and townhomes) consisting of 148 dwelling units within
14, three-story buildings and associated recreational amenities and parking within a
master planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning
(Request by applicant to table to April 3, 2012)
Consultants, Inc
10. CITY MANAGER’S REPORT
A. Review staff planning efforts to complete the City Hall volunteer painting project.
PROPOSED RESOLUTION NO. R12-025
B. - Authorize the Interim City Manager to
enter into consulting agreement with RCultures, Inc. in the amount of $21,600.00 for
Police Department professional services study; and 2) authorize expenditure of
$21,600.00 from the State Law Enforcement Trust Fund account which currently
shows a balance of $257,403.57.
11. UNFINISHED BUSINESS
A. Provide direction on additional phases of City Manager search process.
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 12-004 - SECOND READING - PUBLIC HEARING
A. -
Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject property to
replace an expired PUD (Planned Unit Development) master plan for 121 townhome
units with a new PUD master plan consisting of 148 multi-family rental units.
(Request by
Applicant: Bradley Miller, Miller Land Planning Consultants, Inc
applicant to table to April 3, 2012).
5 of 477
PROPOSED ORDINANCE NO. 12-005 - SECOND READING - PUBLIC HEARING
B. -
Amend (a) the responsibility for appointing a Chair and Vice-Chair and (b)
qualifications of regular members of the Financial Advisory Committee
PROPOSED RESOLUTION NO. R12-026
C. - Authorize Mayor to execute a Quit-Claim
Deed transferring property to the Executive Estates of Boynton Beach Homeowners
Association
D. Review Charter Review Committee Report.
14. FUTURE AGENDA ITEMS
A. Update on City-owned property for sale- 4/3/12
B. Update on In-house Medical Clinic- 4/17/12
C. Discussion of two proposals for redevelopment of Old High School - 4/3/12
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CON
SIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE M
AY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTI
MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUA
L WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM,
OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-
FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SI
TE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE
OBTAINED FROM THE OFFICE OF THE CITY CLERK.
6 of 477
3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Proclamation Honoring the Children of the American
EQUESTED CTION BY ITY OMMISSION
Revolution
ER:
The Children of the American Revolution (C.A.R.) is the oldest
XPLANATION OF EQUEST
patriotic youth organization in the United States. The members range in age from birth to
twenty-two years of age. Founded in 1895, all the members trace their lineal ancestry to men
or women who gave material aid to those fighting for American Independence or who were
soldiers, sailors or civil servants in the Continental Army during the Revolutionary War.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not allow proclamation.
LTERNATIVES
7 of 477
PROCLAMATION
HONORING THE CHILDREN OF THE AMERICAN REVOLUTION
WHEREAS, The Children of the American Revolution is the oldest patriotic youth
organization in the United States; and
WHEREAS, The Children of the American Revolution was founded in 1895, all the
members trace their lineal ancestry to men or women who gave material aid to those
fighting for American Independence or who were soldiers, sailors or civil servants in the
Continental Army during the Revolutionary War; and
WHEREAS, The Mission of C.A.R. is to “train good citizens, develop leaders, and
promote love of the United States of America and its heritage among young people and
WHEREAS, The Annual Florida State Conference of the Children of the American
Revolution is being held March 30 to April 1, 2012 at the Courtyard Marriott on Congress
Avenue in Boynton Beach, Florida; and
NOW, THEREFORE, I, Woodrow Hay, Mayor of the City of Boynton Beach, Florida wish
to congratulate and thank the Florida State Society of the Children of the American
Revolution for their service to our Florida communities and with this proclamation
honor
THE CHILDREN OF THE AMERICAN REVOLUTION
IN WITINESS WHEREOF, I have hereunto set my hand
8 of 477
5. A
ADMINISTRATIVE
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
9 of 477
10 of 477
11 of 477
6. A
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-021 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize signing of an Agreement for Water Service outside the City Limits with Mary B. Lacey for the
property at 1079 Highview Rd, Lantana, FL.
ER:
Water service areas have been designated between the County
XPLANATION OF EQUEST
and local utilities. This was accomplished under agreement #85-757 and revised under City
Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach County area
outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd
and Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
H?
The City is able to provide water to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
property resulting from water main improvements constructed by Palm Beach County. The
owner agrees to be responsible for all costs to provide service to the owner’s premises. No
additional construction is required by the City to serve this property.
FI:
Customers outside the City limits pay an additional 25% surcharge above the
ISCAL MPACT
water rates charged to customers within the City.
12 of 477
A:
Deny request to provide service. If service is denied the Consumptive Use
LTERNATIVES
Permit could be subject to modification. The Utility Department is granted water allocation
under the South Florida Water Management District Consumptive Use Permit. The current
permit has limiting restriction #19 that states “The Permittee shall notify the District within 30
days of any change in service area boundary. If the Permittee will not serve a new demand
within the service area for which the annual allocation was calculated, the annual allocation
may then be subject to modification and reduction”.
13 of 477
RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND MARY B. LACEY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 1079 Highview Road, Lantana, Florida (PCN: 00-43-45-09-09-000-2070);
and
WHEREAS
, the parcel covered by this agreement is located in unincorporated Palm Beach
County area outside of the City limits in our water service area north of Miner Road between North
Searcrest Boulevard and Federal Highway, which property receives water from a well and the owner
now requests that we provide potable water in the future; and
WHEREAS
, no additional construction will be required by the City to serve this property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby authorizes and directs the Interim City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Mary B. Lacey, a
copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of March, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
14 of 477
_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
15 of 477
16 of 477
17 of 477
18 of 477
19 of 477
20 of 477
21 of 477
22 of 477
23 of 477
24 of 477
6. B
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-022 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize execution of an interlocal agreement between the City of Boynton Beach and the Board of
County Commissioners of Palm Beach County, accepting grant funded equipment from the County
Division of Emergency Management's EMS Grant Award Program.
ER:
The State of Florida collects funds from state traffic violations and
XPLANATION OF EQUEST
distributes the money to Florida counties to enhance Emergency Medical Services statewide.
With these funds, the Palm Beach County Division of Emergency Management’s Grant Review
Committee has decided to purchase “Advanced Airway” equipment for the City of Boynton
Beach to improve and expand the City’s pre-hospital emergency medical services.
H?
This equipment, three (3) Glidescope Video
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Laryngoscopes, will improve and expand delivery of Emergency Medical Services in the City of Boynton
Beach. The City’s Fire Rescue Department will utilize these three (3) Glidescope Video
Laryngoscope systems to compliment the three (3) units previously approved by the
Commission to improve airway control through Endotracheal Intubation for those patients in
cardiac and/or respiratory arrest. If approved, all five (5) of our frontline ALS transport units will
feature this live-saving equipment and it will also provide the department with one (1) spare
unit. Each unit is valued at $10,000 for a total of $30,000 worth of equipment that the City will
be receiving.
FI:
None
ISCAL MPACT
A:
Not accept the three (3) Glidescope Video Laryngoscopes as provided by the
LTERNATIVES
Palm Beach County Division of Emergency Management.
25 of 477
RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,
ACCEPTING GRANT FUNDED EQUIPMENT FROM THE PALM BEACH
COUNTY DIVISION OF EMERGENCY MANAGEMENT’S EMERGENCY
MEDICAL SERVICE GRANT AWARD PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the State of Florida collects funds from state traffic violations and distributes
the money to Florida counties to enhance Emergency Medical Services statewide; and
WHEREAS,
the Palm Beach County Emergency Medical Services Division has purchased
“advanced airway” equipment with these funds for the City of Boynton Beach to improve and
expand the City’s pre-hospital emergency medical services; and
WHEREAS,
the City Commission upon recommendation of staff, deems it in the best
interest of the citizens of the City of Boynton Beach to approve and authorize the execution of the
Interlocal Agreement with the Board of County Commissioners of Palm Beach County for the
acceptance of grant funded equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified
and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach hereby approves and
authorizes the Mayor and City Clerk to execute the Interlocal Agreement between the City of
Boynton Beach and the Palm Beach County Commissioners accepting the grant funded equipment, a
copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of March, 2012.
26 of 477
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
27 of 477
28 of 477
29 of 477
30 of 477
31 of 477
32 of 477
33 of 477
34 of 477
35 of 477
36 of 477
37 of 477
38 of 477
GlidescopeVideo Laryngoscopes
Designed for 1 Pass Success
st
Actual airway view, achieved with GlideScope Cobalt AVL
A consistently clear view enables quick intubation.
Designed for "1st Pass Success," the GlideScope Video Laryngoscope (GVL) provide a consistently clear
view of the patient's airway, enabling quick intubation. GlideScope is clinically proven to achieve a C/L
Grade I or II
view 99% of the time.
1
Operational in seconds
Integrated high resolution camera
Anti-fogging mechanism resists lens
contamination
Non-glare color monitor with NTSC video output
to facilitate recording
Unique blade angulation
Actual airway view
39 of 477
40 of 477
41 of 477
6. C
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of February 2012.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for February 2012:
Purchase Order Vendor Amount
120603 Youngquist Brothers $ 24,700.00
120636 SL Powers, Inc $ 12,681.57
120648 Dell Marketing $ 20,518.00
120653 Metro-Dade K-9 Svcs $ 10,500.00
H?
Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
42 of 477
these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A:
None
LTERNATIVES
43 of 477
44 of 477
45 of 477
46 of 477
47 of 477
48 of 477
49 of 477
50 of 477
51 of 477
52 of 477
53 of 477
54 of 477
55 of 477
56 of 477
57 of 477
58 of 477
59 of 477
60 of 477
61 of 477
62 of 477
63 of 477
64 of 477
65 of 477
66 of 477
67 of 477
68 of 477
69 of 477
70 of 477
71 of 477
72 of 477
73 of 477
6. D
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a one year extension for "Brokers and/or Agents
EQUESTED CTION BY ITY OMMISSION
for the Annual Contract for the Property and Casualty Insurance Program" with (1) Arthur J. Gallagher &
Co., and (2) Employers' Mutual Insurance Co. (EMI) for the period April 1, 2012 to March 31, 2013, as
allowed in RFQ/RFP 025-1710-11/JMA.
ER:
On March 15, 2011, the City Commission approved the award of
XPLANATION OF EQUEST
the Annual Contract for Property and Casualty Insurance Program to:
Arthur J. Gallagher & Co. for General Liability, Law Enforcement Liability, Public
Officials Liability, Employee Benefits Liability, Medical Attendants Liability, Workers’
Compensation, Crime and Commercial Property – Utilities.
Employers’ Mutual Insurance (EMI) for Municipal Property, Inland Marine and
Electronic Data Processing.
The award allows for an option to extend the contracts for two additional one-year periods.
Negotiations were conducted with incumbent insurance brokers and carriers to provide excess
insurance for self-insured Casualty program and primary insurance with fully insured Property
program for the period April 1, 2012 through March 31, 2013.
Recent property insurance renewals in Florida have been in double digit increases up to 40%.
The initial proposed increase was 15%. The casualty insurance marketplace has not
experienced the dramatic claims and exposures over the last year. As a result, the initial
increase proposed was 3%.
74 of 477
As outlined in the following spreadsheet, only the property insurance has increased.
RISK MANAGEMENT DEPARTMENT
2012 PROPOSED PROPERTY & CASUALTY INSURANCE PROGRAM
March 20, 2012
April 1, 2011 - March 31, 2012April 1, 2012 - March 31, 2013
Insurance Deductibles/Insurance Deductibles/
CompanyLimitsSIRPremiumCompanyLimitsSIRPremium
Arthur J. Gallagher & Co.
CASUALTY - Including
Star$2M - $4M$100,000 $177,782 Star$2M - $4M$100,000 $177,782
General Liability
Law Enforcement Liability
Public Official Liability
Employee Benefits Liability
CRIMEHanover$50,000 $1,000 $2,900 Hanover$50,000 $1,000 $2,900
National Union $91M Lexington/ $91M $20M +7.3%
PROPERTY - IncludingFire/Chartis$30M Wind$10,000 $275,976 ChartisWind**$10,000 $296,147
*Utilities - Commercial
Employers Mutual Insurance
Westchester & $99M Westchester & $100M +7.8%
PROPERTY - IncludingOther Layers$10M Wind$50,000 $651,666Other Layers$10M Wind$50,000 $702,500
*Municipal - Commercial
* Ongoing negotiations with incumbent carriers and alternatives. Proposed premium is not to exceed.
** Reducing Named Wind Limit to $20M is reasonable based on the results for the 100 year Return Period utilizing the 2012 PML for Utilities.
Risk Management negotiated the increase from a proposed 15% to 7.3% for Utilities Property
Insurance and 7.8% for Municipal Property Insurance.
H?
This will allow for continuing program
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
operations as currently established. Current property insurance marketplace has deteriorated
over the last year due to worldwide and U.S. disasters including tornadoes and hail,
earthquakes, floods, named storms and fires.
FI:
Premium costs will be allocated to Risk Management Department budget line
ISCAL MPACT
items: 522-1710-519.45-04 and 522-1710-519.45-05 of the Self Insurance Internal Service
Fund.
A:
City is uninsured for excess coverage of the self-insured Casualty program
LTERNATIVES
and uninsured for primary insurance of the fully insured Property program.
75 of 477
76 of 477
77 of 477
78 of 477
79 of 477
80 of 477
81 of 477
82 of 477
83 of 477
84 of 477
85 of 477
86 of 477
87 of 477
88 of 477
89 of 477
90 of 477
91 of 477
92 of 477
93 of 477
94 of 477
95 of 477
96 of 477
6. E
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve classification of Human Resources Project
EQUESTED CTION BY ITY OMMISSION
Manager and substitute it for one of the existing Human Resources Generalist positions in the FY 2011-
2012 Adopted Budget.
ER:
XPLANATION OF EQUEST
In the FY 2011-2012 Adopted Budget, there are two Human Resources Generalist positions
(Grade 20). After six months of analyzing the staffing needs of the Human Resources
department, staff is recommending adding the classification of a Human Resources Project
Manager (Grade 20) to substitute for one of the Human Resources Generalist positions.
Attachment: Classification - Human Resources Project Manager
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The addition of this classification will allow staff to select a candidate who possesses the
competencies in the necessary skill set to perform required work that will elevate and
continually improve the programs and services provided by the City’s Human Resources
department.
FI:
ISCAL MPACT
The Human Resources Generalist is an existing classification (Grade 20) in the City’s FY
2011-2012 Adopted Budget; therefore, substituting this position with the Human Resources
Project Manager classification (Grade 20) would be budget neutral.
97 of 477
While identifying specific departmental staffing needs, Human Resources project management
work has been performed by an individual compensated through a temporary staffing agency
whose bill rate is comparable to a base rate within this pay grade.
A:
LTERNATIVES
Continue to compensate the individual currently performing HR project management work
through the temporary staffing agency.
98 of 477
Class Code 05XXX
Grade: 20
FLSA: E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: HUMAN RESOURCES PROJECT MANAGER
PURPOSE OF CLASSIFICATION
The purpose of this classification is to perform skilled, analytical and highly responsible administrative
work in the project planning, organizing and implementing of the City’s Human Resources programs. An
employee in this class is required to exercise independent judgment and initiative in analyzing, organizing,
implementing, and leading process improvements human resources related functions and initiatives
including, but not limited to, recruitment and selection, classification and compensation, benefits
administration, records management, performance management, training, organizational development and
labor relations.
ESSENTIAL FUNCTIONS
The following duties and functions, as outlined herein, is intended to be representative of the type of
tasks performed within this classification. They are not listed in any order of importance. The
omission of specific statements of the duties or functions does not exclude them from the
classification if the work is similar, related, or a logical assignment for this classification. Other
duties may be required and assigned.
Performs project management work for all functions within the human resources program, including but
not limited to, recruitment and selection, classification and compensation, benefits administration, records
management, performance management, training, organizational development and labor relations.
Integrates the functional aspects of human resource management with the business goals of the City.
Understands the technical aspects of political and legislative activities that routinely affect the City and the
field of human resources management in advancement of appropriate initiatives. Links human resources
work with the culture and strategic objectives of the City.
Attends public meetings, hearings, conferences, committee meetings, board meetings, and
interdepartmental meetings relating to human resources issues as required; makes speeches or
presentations.
Balances and manages competing priorities and work assignments by continuously evaluating the needs of
the City and customer in comparison with specific project assignments. Explains priorities and business
rationale to customers to ensure they understand the reasons for decision-making regarding project
management.
Uses multiple sources of data and information to arrive at logical and best practice conclusions. Draws
upon industry experts as resources in reaching final conclusions regarding specific matters of large scale
City impact. Recognizes the gaps in available data and suggests other ways to obtain the needed
99 of 477
information. Applies creativity in approaching problem analysis and solution identification. Uses
methods of analysis to continually challenge best practices in public sector administration and the field of
human resources management.
Conducts research and relative to current circumstances and policies in collective bargaining negotiations
and labor related activities and may participate in negotiations sessions. Compiles or monitors various
human resources-related administrative and statistical data; performs research; makes applicable
calculations; analyzes data and identifies trends; prepares or generates reports; maintains records.
Integrates current and emerging technologies that have the potential to improve efficiencies and/or
effectiveness of the human resources function. Develops proposals to implement updated human
resources-related technology in alignment with current City initiatives. Identifies and implements specific
return on investment strategies to measure recommended program and service options.
Serves as an objective facilitator regardless of the issues, summarizes opposing points of view, and moves
parties toward resolution. Incorporates all points of view and assists in reaching a consensual agreement
as appropriate, judging the political capacity of the City to sustain criticism and public scrutiny regarding
all outcomes to support the political environment and the City’s culture, work, and outcomes.
Designs organizational development strategies and initiatives. Develops, coordinates, implements, and
facilitates City-wide staff development and management training.
Operates a computer, utilizes word processing, spreadsheet, database, records management, e-mail, and
other software programs. Manages various HR-related programs and reporting.
Maintains comprehensive and current knowledge of applicable laws/regulations; maintains an awareness
of new trends and advances in the profession; reads professional literature; maintains professional
affiliations; attends workshops and training sessions as appropriate.
Performs moderately complex to highly analytical work under limited supervision and maintains
professional discretion in processing matters of a sensitive or confidential nature from both a legal and
ethical perspective.
Applies a commitment to integrity and to the needs of all customers as the primary concern in all matters.
COMPETENCIES
Demonstrated ability to be innovative, creating and sustaining a positive environment that supports
calculated risk-taking.
Demonstrated ability to design and implement change through the altering of systems and
procedures.
Demonstrated ability to use return on investment and information technology strategies in the
practice of human resource management.
Demonstrated ability to design and deliver marketing programs related to sourcing and selection of
HR services and capabilities.
Demonstrated understanding of business process and how to change to improve efficiency and
effectiveness.
Demonstrated knowledge of employment laws and policies.
Demonstrated understanding of the public sector environment.
100 of 477
Demonstrated ability to successfully communicate, verbally and in writing, including the use of
persuasive public presentations on behalf of the human resources function.
Demonstrated ability to exercise the use of business systems skills, including the ability to think
strategically and creatively.
Demonstrated ability to analyze all presenting issues, recognizing the needs of all stakeholders in
terms of collaborative solutions.
Demonstrated ability to analyze, design, configure, implement and support human resources data,
processes, and technologies.
MINIMUM QUALIFICATIONS
Bachelor degree from an accredited college or university in project management, engineering, human
resources management, public administration, business administration, or closely-related field. One (1)
year exposure to at least three (3) of the following functional areas of human resources: recruiting,
compensation, benefits, records management, training, labor relations, performance management,
organizational development, HRIS implementation, HR process and policy creation and administration.
Demonstrated ability to research, analyze, design, configure, implement, and support human resources
data, processes, and technology. Working knowledge of Microsoft Project software. Must possess and
maintain a valid Florida driver’s license.
PREFERRED QUALIFICATIONS
Master level coursework in project management, engineering, human resources management, business
administration, or public administration. PHR certification. PMP certification. Experience in municipal
setting. Demonstrated working knowledge of current City-specific software programs and applications.
ADA COMPLIANCE
Physical Ability
: Tasks require the ability to exert light physical effort in sedentary to light work, but
which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light
weight (15 pounds). Tasks may involve extended periods of time at a keyboard or workstation.
Sensory Requirements
: Some tasks require the ability to perceive and discriminate visual cues or signals.
Some tasks require the ability to communicate orally.
Environmental Factors
: Essential functions are regularly performed in usual office conditions with rare
exposure to adverse environmental conditions.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the
Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide
reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer. The physical demands
described are representative of those that must be met by an employee to successfully perform the essential
functions of this job.
A review of this position has excluded the marginal functions of the position that are incidental to the
performance of fundamental job duties. All duties and responsibilities are essential job functions and
requirements are subject to possible modifications to reasonably accommodate individuals with
disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to
perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of
101 of 477
significant risk to the health or safety of themselves or others. Requirements are representative of the
minimum level of knowledge, skills, and ability.
102 of 477
6. F
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve an increase to the blanket purchase order
EQUESTED CTION BY ITY OMMISSION
(#120342) to Emergency Vehicle Supply from $24,500 to $50,000 as a piggyback contract with the
Broward County Sheriffs Office.
ER:
XPLANATION OF EQUEST
The Public Works/Fleet Maintenance Division currently utilizes blanket purchase order (PO#
120342) issued to Emergency Vehicle Supply in the amount of $24,500 for the installation and
repair of our emergency lighting equipment for the City’s fleet. Services for this authorized
vendor are used both in a planned and as needed basis.
For budgetary reasons, the City’s fleet lifecycles have been extended on all vehicles and
rolling equipment. This has created an increase in need to replace, repair, and reconfigure
emergency lighting within some departments, primarily the Police Department.
In the past, Fleet Maintenance has utilized a combination of Blanket Purchase Orders along
with Purchase Orders to provide warning light systems to our fleet. This year due to the
reduction in new purchases we anticipated working from the Blanket Purchase Order only.
For comparative purposes, the following is the expenditures for the past (2) two budget cycles
for Blanket Purchase Orders.
FY 2009/10 - $19,645
FY 2010/11 - $13,137
103 of 477
Below is a table listing completed purchases, and anticipated remaining purchases for fiscal
year 2011/2012.
Current Blanket Expenditures
Dept Unit Invoice Amount Type Justification
Utilities 2104 52306 $ 492.00 Requested New vehicle up fit
Fire 891 52494 $ 3,499.95 Planned New vehicle up fit
Utilities 2211 52534 $ 492.00 Requested New vehicle up fit
Utilities 2210 52565 $ 492.00 Requested New vehicle up fit
Stock Flt 52582 $ 138.83 Requested Warrantable replacement stock
Stock Flt 52632 $ 285.00 Requested Warrantable replacement stock
Police 4725 52704 $ 802.50 Requested
Change CSO vehicle to road vehicle
Police 4722 52776 $ 1,087.50 Requested
Change CSO vehicle to road vehicle
Police 4211 52777 $ 492.00 Requested New vehicle up fit
Police 4112 53064 $ 5,547.00 Planned New vehicle up fit
Police 4113 53224 $ 5,582.00 Planned New vehicle up fit
Police New 53225 $ 1,270.00 Requested
Intersection Lights 4111,4112,4113
Police 4111 53039 $ 5,582.00 Planned New vehicle up fit
Police 4111 53039CM *$ (819.00) Requested Remove cage and hard seat
Police 4112 53064CM *$ (819.00) Requested Remove cage and hard seat
Police 4113 53224CM *$ (819.00) Requested Remove cage and hard seat
* Credit Memo Returned cages and hard seats
Existing Blanket Total
$24,500.00
Total Blanket Expenditures
$23,305.78
Remaining Blanket Funding
$ 1,194.22
Anticipated Future Expenditures
Dept Unit Invoice Amount Type Justification
Police 4212 $ 8,714.52 Planned K-9 New unit Setup
Police 3012 $ 6,000.00 Planned New unit setup
Police 4516 $ 6,000.00 Planned New unit setup
Fire 829 $ 600.00 Planned New unit setup
New Funding Required $21,314.52
Available Blanket Balance $ 1,194.22
Additional Funding Required $20,120.30
Current Blanket Expenditures $23,305.78
Total Expected Blanket
Expenditures $43,426.08
Note: Requested lighting changes to CSO vehicles required amber to red blue change out for
all lights in vehicles. Intersection light request involved additional add on to our standard police
lighting package.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Choosing to not increase funding to this blanket will significantly increase our delivery times for
these Police vehicles possibly impacting operations of the Police and Fire Departments.
104 of 477
FI:
ISCAL MPACT
Funding is budgeted for these repairs and installations in FY 2011/12 through the Fleet
Maintenance Account 501-5000-590-09-82 and then charged to the Police Department
account 001-2110-521-46-30 (Vehicle Repair Cost) as incurred.
A:
LTERNATIVES
To not repair or reconfigure lighting on existing equipment to accommodate the needs of the
department possibly causing operational delays or safety issues.
105 of 477
106 of 477
107 of 477
108 of 477
109 of 477
110 of 477
111 of 477
112 of 477
113 of 477
114 of 477
115 of 477
116 of 477
117 of 477
118 of 477
119 of 477
120 of 477
121 of 477
122 of 477
123 of 477
124 of 477
125 of 477
126 of 477
127 of 477
128 of 477
129 of 477
130 of 477
131 of 477
132 of 477
133 of 477
134 of 477
135 of 477
136 of 477
137 of 477
138 of 477
139 of 477
140 of 477
141 of 477
142 of 477
6. G
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the resignation of Sebastian Luglie, a student,
EQUESTED CTION BY ITY OMMISSION
voting member of the Education and Youth Advisory Board
ER:
The City Clerk’s office received notification that Sebastian Luglie is
XPLANATION OF EQUEST
now enrolled in and attending college out of the area and cannot continue to serve on the
Education and Youth Advisory Board.
H?
The Education and Youth Advisory Board
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have a vacant student position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
143 of 477
6. H
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the resignation of Jeffrey Fisher, a regular member
EQUESTED CTION BY ITY OMMISSION
of the Financial Advisory Committee
ER:
Jeffrey Fisher has submitted his resignation as a regular member
XPLANATION OF EQUEST
of the Financial Advisory Committee as indicated in the attachment to his email.
H?
The Financial Advisory Committee will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
144 of 477
145 of 477
6. I
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-023 - Approve the
EQUESTED CTION BY ITY OMMISSION
Interlocal Agreement with the School Board of Palm Beach County regarding Galaxy Elementary School
that provides for conveyance of the Preservation Property located adjacent to the relocated City park at
the new Galaxy Elementary School site.
ER:
On March 2, 2010, the City of Boynton Beach and the School
XPLANATION OF EQUEST
Board of Palm Beach County entered into an Interlocal Agreement (ILA) that provided for the
construction of a new Galaxy Elementary School and relocation of the City’s Galaxy Park. As
design development for each of the site components proceeded, it became apparent that both
parties desired improvement to the natural preservation area on a basis of mutual advantage
and thereby to provide services and facilities that will harmonize geographic, economic,
population and other factors influencing the needs and development of the local community.
The City shall, at its expense, construct a Greenway, nature trail, sidewalk and pathway
markers, maintain the Preservation Property, be responsible for the cost, care and
maintenance of the Preservation Property, and the cost of all fees and permits. The City
acknowledges that The Education Foundation of Palm Beach County (“EFPBC”), on behalf of
the School Board, has received a $20,000 grant from The Batchelor Foundation, Inc.
(“Batchelor”) to fund the purchase of trees and improvements to benefit gopher tortoises on the
Preservation Property, as set forth in the EFPBC’s proposal letter dated November 2, 2011 to
Batchelor. The City agrees to cooperate with the EFPBC regarding the expenditure of the
grant funds.
H?
Use of the preservation area will provide a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
key connection link to the City’s greenway/bikeway plan, as well as providing an educational
environmental resource for both City resident and School use. Path markers and natural
146 of 477
demonstration areas within the preserve will help to further the City’s Sustainability Initiative
4.4.
FI:
Cost of conveyance $10.00. Maintenance cost is estimated at $6,000.00
ISCAL MPACT
annually, which will need to be added to the FY 12/13 budget. The City will be applying for
grant funding to complete the desired pathways, markers and other improvements.
A:
Do not accept the conveyance of this parcel.
LTERNATIVES
147 of 477
RESOLUTION R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
SCHOOL BOARD OF PALM BEACH COUNTY FOR THE
CONVEYANCE OF THE PRESERVATION PROPERTY
LOCATED ADJACENT TO THE RELOCATED CITY PARK AT
THE NEW GALAXY ELEMENTARY SCHOOL SITE;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE INTERLOCAL AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS
, the School Board is willing to convey the Preservation Property to the City
subject to certain use restrictions and with a reversionary right on the Preservation Property; and
WHEREAS,
the City is willing to construct improvements on the Preservation Property
and be responsible for any fees, permits, use and maintenance costs, and adequate security of the
Preservation property; and
WHEREAS,
the parties mission is to utilize the Preservation Property and improvements
to further environmental education, environmental stewardship, environmental research and
environmental curricula serving all ages and education levels; and
WHEREAS,
it is the desire of the City and the School Board of Palm Beach County to
enter into an Interlocal Agreement outlining the cooperation in the development of the
Preservation Property by providing to each other certain rights and benefits in accordance with
the terms and conditions contained in the Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
148 of 477
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the Interlocal Agreement between the City of Boynton Beach and School Board of Palm
Beach County for the conveyance of the Preservation Property.
Section 3. The Mayor and City Clerk are authorized to execute the Interlocal
Agreement on behalf of the City of Boynton Beach, a copy of which is attached hereto as Exhibit
“A”.
Section 4. That this Resolution shall become effective immediately upon passage.
[Remainder of page intentionally left blank]
149 of 477
PASSED AND ADOPTED
this _____ day of March, 2012.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Mack McCray
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
150 of 477
151 of 477
152 of 477
153 of 477
154 of 477
155 of 477
156 of 477
157 of 477
158 of 477
159 of 477
160 of 477
161 of 477
162 of 477
163 of 477
164 of 477
165 of 477
166 of 477
167 of 477
6. J
CONSENT AGENDA
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on March 6, 2012
The City Commission met on March 6, 2012 and minutes were prepared from the notes taken
at the meeting. The Florida Statutes provide that minutes of all Commission meetings be
prepared, approved and maintained in the records of the City of Boynton Beach.
H?
A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
168 of 477
169 of 477
170 of 477
171 of 477
172 of 477
173 of 477
174 of 477
175 of 477
176 of 477
177 of 477
178 of 477
179 of 477
180 of 477
181 of 477
182 of 477
183 of 477
184 of 477
185 of 477
186 of 477
187 of 477
7. A
BIDS AND PURCHASES OVER $100,000
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-024 - Approve a
EQUESTED CTION BY ITY OMMISSION
contract with Aware Digital, Inc. for Security System Upgrades for both of the Utility Water Treatment
Plants in the amount not to exceed $375,000 plus an allowance for permitting of $10,000 as a result of
RFQ 072-2821-11/TWH.
Explanation of Request:
The Bioterrorism Response Act of 2001, Title IV, Section 1433
required the Utility to undertake a vulnerability assessment and to take appropriate actions to
ensure the safety of the public water supply. The Utility Department hired Stanley Consultants
to review the existing security systems and advise on potential improvements.
The commission authorized staff to move forward with negotiations on November 15, 2011
with the No. 1 ranked firm, Aware Digital Inc., as a result of RFQ 072-2821-11/TWH for System
Integrators for Security System Upgrades. The price proposal for the project was reviewed
internally and by Stanley Consultants and has found to be fair and reasonable.
All records directly associated with the Utility security systems are exempt from disclosure
under the Public Records Law pursuant to Section 119.071(3)(a)1, Fla. Stat., which exempts
all records relating directly to the physical security of the facility or revealing security
systems. As such, all project matters directly concerning the security systems will remain
confidential between relevant Utility personnel and the Contractor.
In consideration of the confidentially requirements associated with the security of our Water
Treatment Plants, the City cannot divulge information regarding our plant layouts and
infrastructure for public bids. The City is required to continuously evaluate security at its water
plants and make improvements as necessary. Water and power utilities have been identified
188 of 477
as potential targets and we are required take all necessary steps to ensure that our facilities
are secure.
H?
This project will enable us to significantly
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
improve the security at our water plants and provide the infrastructure to further improve the
security systems at our remote facilities.
FI:
Funding for this project has been approved in the Utility Capital Improvement
ISCAL MPACT
Plan, Account # 403.5000.590.96.10 WTR127.
A:
To re-bid this project that would delay these upgrades for approximately six
LTERNATIVES
months.
189 of 477
RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE
A CONTRACT AGREEMENT FOR SECURITY SYSTEMS
WITH AWARE DIGITAL, INC., OF HALLANDALE FLORIDA
FOR SECURITY SYSTEM UPGRADES FOR BOTH OF THE
UTILITY WATER TREATMENT PLANTS IN AN AMOUNT
NOT TO EXCEED $375,000 PLUS ALLOWANCE FOR
PERMITTING OF $10,000 PURSUANT TO RFQ 072-2821-
11/TWH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Bioterrorism Response Act of 2001, Title IV, Section 1433 required the
Utilities Department to undertake a vulnerability assessment and to take appropriate actions to ensure
the safety of the public water supply; and
WHEREAS,
the City of Boynton Beach issued RFQ #072-2821-11/THW for “SYSTEM
INTEGRATORS FOR SECURITY SYSTEM UPGRADES” to update and expand existing closed
circuit television (CCTV) and access control systems at the East and West Water Treatment plant sites;
and
WHEREAS
, Procurement received and opened two (2) proposals which were evaluated by a
team of staff; and
WHEREAS,
at the November 15, 2011 City Commission meeting, the City Commission
authorized staff to begin negotiations with Aware Digital, Inc., and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to authorize the Interim City Manager and City Clerk to execute
a Contract Agreement for Security Systems with Aware Digital, Inc., for System Integrators for Security
System Upgrades in an amount not to exceed $375,000 plus a $10,000 allowance for permitting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
190 of 477
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission hereby authorizes the Interim City Manager and City Clerk
to execute a Contract Agreement for Security Systems with Aware Digital, Inc. for System Integrators
for Security System Upgrades in an amount not to exceed $375,000 plus a $10,000 allowance for
permitting, a copy of which is attached hereto as Exhibit “A”.
Section 3.
This Resolution shall become effective immediately upon passage.
191 of 477
PASSED AND ADOPTED
this _____ day of March, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
192 of 477
CONTRACT AGREEMENT FOR SECURITY SYSTEMS
THIS AGREEMENT is entered into between the City of Boynton Beach, a municipal corporation of the
State of Florida, hereinafter referred to as “the CITY”, and Aware Digital, Inc. a corporation authorized
to do business in the State of Florida, hereinafter referred to as “the CONTRACTOR”.
WHEREAS, the CITY solicited proposals from qualified firms to provide services for System
Integrators for Security System Upgrade, and
WHEREAS, at its meeting of March 20, 2012 by Resolution No.: ___________, the CITY
Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as
Contract No.: 072-2821-11TWH and;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, agreements,
terms and conditions contained herein, do agree as follows:
ARTICLE 1. SERVICES
.
1.1 The CONTRACTOR is retained by the CITY to perform services to update and expand
existing closed circuit televisions (CCTV’s) and access control systems at the East and
“SECURITY SYSTEM
West Water Treatment Plants as per the project designated
UPGRADES FOR THE CITY OF BOYNTON BEACH”
.
1.2 CONTRACTOR agrees to perform the services, identified as Exhibit “A” attached hereto,
including the provision of all labor, materials, equipment and supplies. Work under this
Contract shall commence upon the giving of written notice by the CITY to the
CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all
work described herein.
ARTICLE 2.TERM.
The CONTRACTOR shall commence services upon notice by the CITY and shall complete all
services within one-hundred and twenty (120) calendar days from date of Notice to Proceed given.
CITY may consider time extension based on detailed request by the CONTRACTOR to include
conditions outlined in Article 11 herein.
ARTICLE 3PAYMENT.
.
3.1 The total amount to be paid by the CITY, under this Contract for all services and
materials shall not exceed a total Contract amount of Three-Hundred and Seventy-Five
Thousand Dollars, ($375,000).
3.2 The CONTRACTOR shall be paid by the CITY for completed work during various
phases. The CONTRACTOR shall provide fully documented invoices outlining location,
time and materials provided. It shall be understood that such invoices
shall not be authorized for payment until such time as the CITY’s Project Manager or
designee has approved the Work as stated.
193 of 477
3.3 Payment for the Work provided by CONTRACTOR shall be made as outlined on Exhibit
‘A’ attached hereto.
3.4 Final Invoice: In order for both parties herein to close their books and records, the
CONTRACTOR will clearly state “Final Invoice” on the CONTRACTOR’s final/last billing
to the CITY. The final invoice certifies that all services have been properly performed
and all charges and costs have been invoiced to the CITY. Since this account will
thereupon be closed, any other further charges if not properly included on this invoice
are waived by the CONTRACTOR.
ARTICLE 4.OWNERSHIP AND USE OF DOCUMENTS.
4.1 All documents, drawings, specifications and other materials produced by the
CONTRACTOR in connection with the services rendered under this Agreement shall be
the property of the CITY whether the project for which they are made is executed or not.
The CONTRACTOR shall NOT be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with CONTRACTOR’s endeavors.
4.2 The Public Health Security and Bioterrorism Preparedness and Response Act of 2002
restricts the CITY of Boynton Beach’s release of security information currently in place
and specific details planned for the future.
ARTICLE 5. FUNDING:
This Contract shall remain in full force and effect only as long as the expenditures provided in
the Contract have been appropriated by the CITY Commission of Boynton Beach in the annual budget
for each fiscal year of this Contract, and is subject to termination based on lack of funding.
ARTICLE 6. COMPLIANCE WITH LAWS
.
CONTRACTOR shall, in performing the services contemplated by this Contract, faithfully
observe and comply with all federal, state and local laws, ordinances and regulations that are
applicable to the services to be rendered under this agreement.
ARTICLE 7. INDEMNIFICATION
.
CONTRACTOR shall indemnify, defend and hold harmless the CITY, its offices, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof, including
attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or
death to CONTRACTOR’s own employees, or damage to property occasioned by a negligent act,
omission or failure of the CONTRACTOR.
ARTICLE 8. INSURANCE
.
8.1 During the performance of the services under this Contract, CONTRACTOR shall
maintain the following insurance policies, and provide originals or certified copies of all
policies, and shall be written by an insurance company authorized to do business in the
state of Florida.
8.1.1 Worker’s Compensation Insurance: The CONTRACTOR shall procure and
maintain for the life of this Contract, Worker’s Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer’s Liability with limits meeting all applicable state
194 of 477
and federal laws. This coverage must extend to any sub-Contractor that does
not have their own Worker’s Compensation and Employer’s Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
8.1.2 Comprehensive General Liability: The CONTRACTOR shall procure and
maintain for the life of this Contract, Comprehensive General Liability Insurance.
This coverage shall be on an “Occurrence” basis. Coverage shall include
Premises and Operations; Independent Contractors, Products Completed
Operations and Contractual Liability with specific reference of Article 7,
“Indemnification” of this Agreement. This policy shall provide coverage for death,
personal injury or property damage that could arise directly or indirectly from the
performance of this Agreement. CONTRACTOR shall maintain a minimum
coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal
injury/ and $1,000.000 per occurrence/aggregate for property damage. The
general liability insurance shall include the CITY as an additional insured and
shall include a provision prohibiting cancellation of the policy upon thirty (30)
days prior written notice to the CITY.
8.1.3 Business Automobile Liability: The CONTRACTOR shall procure and maintain,
for the life of this Contract, Business Automobile Liability Insurance. The
CONTRACTOR shall maintain a minimum amount of $1,000,000 combined
single limit for bodily injury and property damage liability to protect the
CONTRACTOR from claims of damage for bodily and personal injury, including
death, as well as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned automobile including
rented automobiles, whether such operations be by the CONTRACTOR or by
anyone directly or indirectly employed by the CONTRACTOR.
8.2 It shall be the responsibility of the CONTRACTOR to ensure that all sub-contractors
comply with the same insurance requirements referenced above.
8.3 In the judgment of the CITY, prevailing conditions may warrant additional liability
insurance coverage or coverage which is different in kind from the original insurance
submitted by the CONTRACTOR. The CITY reserves the right to require the provision
by the CONTRACTOR of an amount of coverage different from the amounts or kind
previously required, and shall afford written notice of such change in requirements thirty
(30) days prior to the date on which the requirements shall take effect. Should the
CONTRACTOR fail or refuse to satisfy the requirement of changed coverage within the
thirty (30) days following the CITY’s written notice, the CITY, at its sole option, may
terminate the Contract upon written notice to the CONTRACTOR, said termination taking
effect on the date that the required change in policy coverage would otherwise be
effective.
8.4 CONTRACTOR shall, for a period of two (2) years following the termination of the
Agreement, maintain a “tail coverage” in an amount equal to that described above for
Comprehensive Liability Insurance on a claims-made policy only. The CONTRACTOR
agrees to purchase the extended reporting period on cancellation or termination unless a
new policy is affected with a retroactive date, including at least the last policy year.
8.5 Any exceptions to the insurance requirements in this section must be approved in writing
by the CITY’s Risk Management.
ARTICLE 9. INDEPENDENT CONTRACTOR.
195 of 477
The CONTRACTOR and the CITY agree that the CONTRACTOR is an independent contractor
with respect to the services provided pursuant to this Contract. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded CITY
employees by virtue of the services provided under this Agreement. The CITY shall not be responsible
for withholding or otherwise deducting federal income tax or social security or for contributing to the
state industrial insurance program, otherwise assuming the duties of an employer with respect to
CONTRACTOR, or any employee of CONTRACTOR.
ARTICLE 10. COVENANT AGAINST CONTINGENT FEES
.
10.1 The CONTRACTOR warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONTRACTOR, to solicit
or secure this Contract, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONTRACTOR, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this Contract.
10.2 For breach or violation of this warranty, the CITY shall have the right to annul this
Contract without liability or, in its discretion to deduct from the Contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
ARTICLE 11. UNCONTROLLABLE FORCES.
11.1 Neither the CITY nor CONTRACTOR shall be considered to be in default of this Contract
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term “Uncontrollable Forces” shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Contract and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
11.2 Neither party shall however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence; prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being; prevented or delayed from performance by an uncontrollable force, given
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Contract.
ARTICLE 12. CONFLICT OF INTEREST.
12.1 The CONTRACTOR represents that it presently has no interest and shall acquire no
interest, either direct or indirect, in the CITY, which would conflict any manner with the
performance or services required hereunder, as provided for in Florida Statutes
§112.311. The CONTRACTOR further represents that no person having such interest
shall be employed in the performance hereof.
12.2 The CONTRACTOR shall promptly notify the CITY’s Project Manager or designee, in
writing, by certified mail, of all potential conflicts of interest for any prospective business
association, interest, or other circumstance which may influence or appear to influence
the CONTRACTOR’s judgment or quality of services being provided hereunder. Such
written notification shall identify the prospective business association, interest or
196 of 477
circumstance, the nature of work that the CONTRACTOR undertakes and request an
opinion of the CITY, whether or not such association, interest or circumstances will in the
CITY’s opinion constitute a conflict of interest if entered into by the CONTRACTOR. The
CITY agrees to notify the CONTRACTOR of its opinion by certified mail within thirty (30)
days of receipt of notification by the CONTRACTOR. If, in the opinion of the CITY, the
prospective business association, interest or circumstances would not constitute a
conflict of interest by the CONTRACTOR, the CITY shall so state in the notification and
the CONTRACTOR may enter into said association, interest, or circumstance and it shall
be deemed not in conflict of interest with respect to services provided to the CITY by the
CONTRACTOR under the terms of this Contract.
ARTICLE 13. ACCESS AND AUDITS.
13.1 The CONTRACTOR shall maintain adequate records to justify all charges, expenses
and costs incurred in estimating and performing the Work for at least three (3) years
after completion of this Contract. The CITY shall have access to such books, records,
and documents as required in this section for the purpose of inspection or audit during
normal business hours, at the CONTRACTOR’s place of business.
13.2 The Palm Beach County, Office of Inspector General, whereby investigators shall have
the power, without limitation to audit, investigate, monitor, inspect and review the
operations, activities, performance and procurement process of the CONTRACTOR,
their sub-contractors and lower tier sub-contractors, its officers, agents and employees
relating to this Contract. The CONTRACTOR understands and agrees that in addition to
all other remedies and consequences provided by law, the failure of the CONTRACTOR
or its sub-contractors or lower tier sub-contractors to fully cooperate with the Inspector
General when requested, may be deemed by the CITY to be a material breach of this
Contract justifying its termination. CONTRACTOR is required to sign the Palm Beach
County Inspector General Acknowledgement Form evidenced as “Exhibit “B”.
ARTICLE 14. DISCRIMINATION PROHIBITED.
The CONTRACTOR, with regard to the work performed by it under this Agreement, will not
discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of
any physical or sensory handicap in the selection and retention of employees or procurement of
materials or supplies.
ARTICLE 15. SUCCESSORS AND ASSIGNS.
The CITY and the CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract to the partners, successors, executors,
administrators, and assigns of such other party, in respect to all covenants of this Contract. Except as
above noted, neither the CITY nor the CONTRACTOR shall assign, sublet, convey or transfer its
interest in this Contract. Nothing herein shall be construed as creating any rights or benefits hereunder
to anyone other than the CITY AND THE CONTRACTOR.
ARTICLE 16NON-WAIVER.
.
A waiver by either CITY or CONTRACTOR of any breach of this Agreement shall not be binding
upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver
shall not affect the waiving party’s rights with respect to any other or further breach. The making or
acceptance of a payment by either party with knowledge of the existence of a default or breach shall
not operate or be construed to operate as a waiver of any subsequent default or breach.
ARTICLE 17. TERMINATION.
197 of 477
17.1 Termination for Convenience: This Contract may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the CONTRACTOR shall be paid its
compensation for services performed to termination date, include services reasonably
related to termination. In the event that the CONTRACTOR abandons the Contract or
causes it to be terminated, CONTRACTOR shall indemnify the CITY against loss
pertaining to this termination.
17.2 Termination for Default: In addition to all other remedies available to the CITY, this
Contract shall be subject to cancellation by the CITY for cause, should the
CONTRACTOR neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure continue for a
period of thirty (30) days after receipt by CONTRACTOR of written notice of such
neglect or failure.
ARTICLE 18. NON-DISCLOSURE OF PROPRIETARY INFORMATION.
CONTRACTOR shall consider all information provided by CITY and all reports, studies,
calculations, and other documentation resulting from the CONTRACTOR’s performance of the services
to be proprietary unless such information is available from public sources. CONTRACTOR shall not
publish or disclose proprietary information for any purpose other than the performance of the services
without the prior written authorization of the CITY or in response to legal process.
ARTICLE 19. MODIFICATIONS OF WORK.
19.1 The CITY reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the
CITY’s notification of a contemplated change, the CONTRACTOR shall (1) if requested
by CITY, provide an estimate for the increase or decrease in cost due to the
contemplated change, (2) notify the CITY of any estimated change in the completion
date, and (3) advise the CITY in writing if the contemplated change shall affect the
CONTRACTOR’s ability to meet the completion dates or schedules of this Contract.
19.2 If the CITY so instructs in writing, the CONTRACTOR shall suspend work on that portion
of the Work affected by a contemplated change, pending the CITY’s decision to proceed
with the change.
19.3 If the CITY elects to make the change, the CITY shall issue a Contract Amendment or
Change Order and the CITY shall not commence work on any such change until such
written amendment or change order has been issued and signed by each of the parties.
ARTICLE 20. DISPUTES
.
Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within
the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 21. NOTICES.
Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Michael Low, Deputy Utilities Director/Operations
124 E. Woolbright Road
Boynton Beach, FL 33435
198 of 477
Notices to Contractor shall be sent to the following address:
Aware Digital, Inc.
Attn: Joshua Mann, President
1835 East Hallandale Beach Boulevard
Suite #479
Hallandale, Florida 33009
ARTICLE 21.INTEGRATED AGREEMENT.
This Agreement, together with attachments or addenda, represents the entire and integrated
agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both CITY and CONTRACTOR.
ARTICLE 22. SOVERIGN IMMUNITY.
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section § 768.28, Florida
Statutes, as may be emended from time to time, or any successor statute thereof. To
the contrary, all terms and provisions contained in the Agreement, or any disagreement
or dispute concerning it, shall be construed or resolved so as to insure CITY from the
limitation from liability provided to any successor statute thereof. To the contrary, all
terms and provisions contained in the Agreement, or any disagreement or dispute
concerning it, shall be construed or resolved so as to insure CITY of the limitation from
liability provided to the State’s subdivision by state law.
22.2 In connection with any litigation or other proceeding arising out of the Contract, the
prevailing party shall be entitled to recover its own costs and attorney’s fees through and
including any appeals and any post-judgment proceedings. CITY’s liability for costs and
attorney’s fees, however, shall not alter or waive CITY’s entitlement to sovereign
immunity, or extend CITY’s liability beyond the limits established in Section § 768.28,
Florida Statutes, as amended.
22.3 Claims, disputes or other matters in question between the parties to this Contract arising
out of or relating to this Contract shall be in a court of law. The CITY does not consent
to mediation or arbitration for any matter connected to this Contract.
22.4 The parties agree that any action arising out of this Contract shall take place in Palm
Beach County, Florida.
ARTICLE 23. CONTRACT DOCUMENTS.
The Contract documents are as follows: Request for Qualifications, Contract, Exhibits,
Addenda, all representations, and warranties to make this Contract.
REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
199 of 477
IN WITNESS WHEREOF
, the parties hereto have executed this Contract in multiple copies, each of
which shall be considered an original on the following dates:
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
City Manager Contractor
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
__________________________ __________________________________
Office of the City Attorney Secretary
EXHIBIT “A”
I. SCOPE OF SERVICES
A. Contractor shall update and expand existing Closed Circuit Television (CCTV) and
access control systems at the East and West Water Treatment Plants to be executed in
phases throughout the contract period as follows:
1. Upgrade and the install the infrastructure to a new Milestone IP Enterprise
addressable camera system software for the integration of the current analog
CCTV systems for the East and West Water Treatment Plants. The initial phase
work shall include all equipment and labor to convert the existing systems as
shown in the Phasing Plans. Equipment to be provided shall include but not be
limited to the following: concrete light poles, encoders, Power Over Ethernet
(PoE) switches, storage servers, license fees, maintenance fees, programming
and training cost.
2. Upgrade and the install the infrastructure of the S2/Emerge access control
systems to replace the existing Andover and Northern Controllers. The initial
phase work shall include all equipment and labor to convert the existing systems.
200 of 477
Services shall include but not be limited to storage servers, license fees,
maintenance fees, programming and training cost. All existing peripheral devices
associated to the access control system are to remain except the Radio
Frequency Identification (RFID) readers are to be replaced as stated below with
bar code readers, required power supply upgrades, media converters, cabling to
provide a complete working system with expansion as stated for future door
monitoring and control.
3. Replace existing cameras with new IP addressable cameras.
4. Install additional IP addressable cameras. Some cameras are fixed mount PoE
type while others will be outdoor pan, tilt, zoom (PTZ) type with integral power
supply.
B. Replace existing RFID readers with bar code readers and automatic gate arms and
associated power supplies, wiring, converters, to provide a complete working system.
C. Installed systems to be Enterprise level installation with link between sites over existing
city network for both access control and camera system. Fiber link cable between sites
to be installed by City for future use. On site fiber optic cable loops exist at both plants.
Electrical power or cabling required for cameras or access controllers and/or devices
shall be provided by integrator.
II. PHASED PAYMENTS:
A. The City shall pay CONTRACTOR for partial payment for Work completed during various
phases of the Work assignment. CONTRACTOR to provide fully documented invoices to
include but not limited to as a minimum: 1) Business name, Business Federal Identification
Number, invoice number, detailed description of labor and materials provided, and location
services were provided.
B. Payment will be submitted as follows:
No. of Payment Amounts
Payment
1 $93,750.00
2 $93,750.00
3. $93,750.00
4. $93,750.00
Total: $375,000.00
C. Contractor shall prepare and submit five (5) original monthly invoices for Work
completed during each phase. Application for Payment will be reviewed by the City
before payment is processed. Said Application for Payment shall include an updated
project schedule.
III. PRE-CONSTRUCTION MEETING:
A. Pre-Construction meeting will be arranged by the City to discuss the logistics for
commencement of the Project, required submittals and identify all key personnel
representing Contractor and City.
IV. PROGRESS MEETINGS:
A. Progress Meetings:
201 of 477
1. The Contractor and City’s Project Manager shall schedule whether weekly or bi-
weekly meetings throughout the progress of the Work. The Contractor shall issue a
short term detailed project schedule to demonstrate the progress and work activities
accomplished during the period of work completed, and to project the planned
progress and work activities for the future phases.
2. Monthly Meetings: Each month the project team (Contractor’s Project Manager and
superintendent, City’s Project Manager and field staff) shall hold a monthly progress
meeting with administrative staff to discuss project progress and all issues that were
discussed at prior field meetings.
202 of 477
EXHIBIT “B”
PALM BEACH COUNTY INSPECTOR GENERAL
ACKNOWLEDGMENT
The Contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof may demand and obtain records and testimony from the Contractor and its
subcontractors and lower tier subcontractors.
The contractor understands and agrees that in addition to all other remedies and consequences
provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully
cooperate with the Inspector General when requested, may be deemed by the municipality to be a
material breach of this contract justifying its termination.
_______________________________
CONTRACTOR NAME
By_____________________________
Title: ___________________________
Date: ___________________________
203 of 477
9. A
PUBLIC HEARING
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-006 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high
schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial
uses as accessory uses within City-owned/operated parks that are zoned Recreation (REC); and 3)
clarify the restrictions associated with the commercial component of beverage and food manufacturing
establishments. City-initiated.
rd
The processing of this item has been delayed and will be scheduled for the April 3 Commission
meeting. Tabling of this item is necessary at this time to maintain the validity of current legal notices.
ER:
The proposed code amendment would amend the land
XPLANATION OF EQUEST
development regulations in three (3) different ways.
The first component to this code amendment is to change the Use Matrix in the zoning code to
allow primary/secondary schools on properties zoned Planned Unit Development (PUD).
Allowing schools in the PUD district is specifically promoted by Comprehensive Plan Policy
10.B.1.5, which addresses intergovernmental coordination and requires provisions for schools
in “all urban residential land use categories.” Although only one (1) school has been
constructed in a Planned Unit Development within the City, schools, churches, and other
institutional (public assembly) uses are certainly appropriate within such planned environments
to promote connectivity between symbiotic land uses. With respect to the City’s economic
development initiatives and the current attention on not-for-profit uses, the location of such
uses in residential zoning districts is generally more preferable than on lands zoned and
intended for potentially more valuable land uses such as commercial or industrial.
204 of 477
The second component to this code amendment is to change the Use Matrix in the zoning
code to formally recognize and allow commercial activities as allowable accessory uses in
connection with city parks. Allowing certain accessory commercial uses within the city parks
would provide additional services, recreational opportunities, and convenience to park visitors,
as well as potentially providing additional revenue to the City.
Finally, staff is proposing minor changes to the restrictions associated with tasting rooms of
beverage and food manufacturing establishments (approved pursuant to Ordinance 11-023).
This is being done in an effort to make it more clear and user-friendly. Staff believes the
proposed language would help to further distinguish and clarify the differences (in restrictions)
applicable to those establishments in the C-4 zoning district compared to those in the M-1
zoning district. The proposed amendment would not change the intent of the original
ordinance.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not approve subject code amendment or approve with changes.
LTERNATIVES
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 12-002 PUD and REC\Agenda Cover Sheet - 032012 - Public Hearing & First Reading.doc
205 of 477
9. B
PUBLIC HEARING
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve Seabourn Cove Phase II new site plan (NWSP
EQUESTED CTION BY ITY OMMISSION
12-001) for multi-family residential (rental apartments and townhomes) consisting of 148 dwelling units
within 14, three-story buildings and associated recreational amenities and parking within a master
planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (Request by
applicant to table to April 3, 2012)
ER:
This is a request for a new site plan by Gulfstream Gardens Phase
XPLANATION OF EQUEST
II, LLC for the currently undeveloped 7.4 acres extending between South Federal Highway and
Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller Road. A concurrent
request for rezoning (REZN 12-001), including a new master plan, accompanies the request
for new site plan. The subject property was approved in 2006 for Palm Cove PUD, however in
2009 the master plan and site plan development orders expired. In 2011, the subject property
was purchased by the owners of the nearby Gulfstream Gardens project (now known as
Seabourn Cove Phase I) which is currently under construction. The new master plan and new
site plan propose a total of 148 multi-family dwelling units at the maximum density of 20
dwelling units per acre within 14, three-story buildings with associated recreational amenities
and parking. The proposed rental apartments and townhomes will be in buildings of the same
type and design as Seabourn Cove Phase I. Similar to the first Gulfstream Gardens project, a
developers agreement is again being prepared by the developer and will be scheduled for
consideration at a subsequent City Commission meeting. The agreement is very similar to the
agreement approved for Gulfstream Gardens and is intended to address aspects of the project
such as infrastructure design and ownership, fee rates and exemptions, inspections, and
project completion deadlines.
206 of 477
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on February 28, 2012 and forwards it with the recommendation of
approval, subject to staff’s recommended conditions.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units,
with the option of converting to condominiums in the future. The projected annual tax
revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of
$13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees
of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total
projected amount of $104,829.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
A:
Action taken should be consistent with ultimate action to be taken on the
LTERNATIVES
corresponding, proposed master plan. If the rezoning and new master plan is approved, the
corresponding site plan should be approved, or approved with changes consistent with the
approved master plan.
207 of 477
208 of 477
209 of 477
210 of 477
211 of 477
212 of 477
213 of 477
214 of 477
215 of 477
216 of 477
217 of 477
218 of 477
219 of 477
220 of 477
221 of 477
222 of 477
223 of 477
224 of 477
225 of 477
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Seabourn Cove Phase II
File Number: NWSP 12-001
Reference: 2ndreview plans identified as a New Site Plan with a January 31, 2012 Planning and
Zoning Department date stamp marking.
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments: None. (All previous comments have been acknowledged and
will be addressed at time of permitting).
FIRE
Comments: None. (All previous comments have been acknowledged and
will be addressed at time of permitting).
POLICE
Comments: None. (All previous comments have been acknowledged and
will be addressed at time of permitting).
BUILDING DIVISION
Comments:
1. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the commission
and at permit review.
2. Buildings, structures and parts thereof shall be designed to
withstand the minimum wind loads of 140 mph. Wind forces on
every building or structure shall be determined by the provisions of
ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 √
(Wind Loads). Calculations that are signed and sealed by a design
professional registered in the state of Florida shall be submitted for
review at the time of permit application.
3. At time of permit review, submit signed and sealed working
drawings of the proposed construction. √
4.
At the time of permit review, submit details of reinforcement of walls for
the future installation of grab bars as required by the FFHA, Title 24 CFR,
Part 100.205, Section 3, Requirement #6. All bathrooms within the
√
226 of 477
DEPARTMENTS INCLUDREJECT
E
covered dwelling unit shall comply.
5.
To properly determine the impact fees that will be assessed for the 1-
story pool/clubhouse/recreation building/lease office, provide the
following:
a.
Will the pool/clubhouse/recreation building/lease office be
restricted to the residents of the entire project only?
b.
Will the residents have to cross any major roads or thoroughfares
to get to the pool/clubhouse/recreation building/lease office?
c.
Will there be any additional deliveries to the site?
d.
Will there be any additional employees to maintain and provide
√
service to the site?
e.
Please have the applicant provide the City with a copy of the
letter that will be sent to the impact fee coordinator. To allow for
an efficient permit review, the applicant should request that the
County send the City a copy of their determination of what impact
fees are required for the pool/clubhouse/recreation building/lease
office.
6.
CBBCPP 3.C.3.4 requires the conservation of potable water. City water
may not, therefore, be used for landscape irrigation where other sources
√
are readily available.
7. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a well or body of water as its
source. A copy of the permit shall be submitted at the time of √
permit application, F.S. 373.216.
8. If capital facility fees (water and sewer) are paid in advance to the
City of Boynton Beach Utilities Department, the following
information shall be provided at the time of building permit
application:
a. The full name of the project as it appears on the
Development Order and the Commission-approved site
plan.
b. If the project is a multi-family project, the building number/s √
must be provided. The building numbers must be the same
as noted on the Commission-approved site plans.
c. The number of dwelling units in each building.
d. The number of bedrooms in each dwelling unit.
e. The total amount paid and itemized into how much is for
water and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
9. At time of building permit application, submit verification that the
City of Boynton Beach Parks and Recreation Impact Fee
requirements have been satisfied by a paid fee or conveyance of
property. The following information shall be provided: √
a. A legal description of the land.
b. The full name of the project as it appears on the
Development Order and the Commission-approved site
plan.
227 of 477
DEPARTMENTS INCLUDREJECT
E
c. If the project is a multi-family project, the building number/s
must be provided. The building numbers must be the same
as noted on the Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
10. Pursuant to approval by the City Commission and all other outside
agencies, the plans for this project must be submitted to the
Building Division for review at the time of permit application
submittal. The plans must incorporate all the conditions of approval √
as listed in the development order and approved by the City
Commission.
11. The full address of the project shall be submitted with the
construction documents at the time of permit application submittal.
The addressing plan shall be approved by the United States Post
Office, the City of Boynton Beach Fire Department, the City’s GIS
Division, and the Palm Beach County Emergency 911.
a. Palm Beach County Planning, Zoning & Building Division, √
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard
561-734-0872)
RECREATION AND PARKS
12. Park Impact Fee - 148 Multi-family units (buildings containing 5 or
more units) @ $595.00/unit = $88,060. √
FORESTER/ENVIRONMENTALIST
13. The irrigation plan design must follow the Florida Friendly -
Waterwise principles. √
14. Revise sheet L-8: Existing brick pavers in the area between the
sidewalk and curb are the responsibility of the City of Boynton
Beach for maintenance and repair. Any damage to these existing √
brick pavers during construction of the project shall require
replacement by the applicant.
PLANNING AND ZONING
15. If not exempt from the Art in Public Places requirement,
demonstrate participation by submitting the completed application
to the Public Arts Administrator, and at time of permit, revise site √
plan and landscape plan to indicate location of required public art
(near Federal Highway).
228 of 477
DEPARTMENTS INCLUDREJECT
E
16. A unity of title is required prior to the issuance of a permit for
vertical construction for this project. The Building Division will
require the recorded document as part of the building permit √
application submittal.
17. A letter of approval from Palm Beach County Traffic Engineering
Division for traffic concurrency based on the submitted traffic
statement will be required prior to issuing any permit for vertical √
construction for this project.
18. Submit a recorded copy of the revised Developer’s Agreement for
this site to Planning & Zoning when the agreement is fully √
executed.
19. Prior to issuance of building permits for the construction of the
buildings a no objection letter from all utility providers shall be
submitted for the existing platted and recorded 3 foot public utility
easement extending from the west property line to the east
property line through the middle of the subject property. The √
easement shall be officially abandoned and recorded into public
record prior to issuance of the certificate of occupancy for the first
constructed building.
20. At time of permitting, revise photometrics plan to comply with
Chapter 4, Article VII. Section 4.C. (Maximum Footcandle and √
Illumination Levels) of the LDR.
21. At time of permitting, add the following notes to the photometrics
plan: The design, style, and illumination level shall be compatible
with the building design (height) and shall consider safety, function,
and aesthetic value. A minimum average light level of one (1) foot
candle shall be provided, with no more than 10% of the spot √
readings below one (1) foot candle and none below ½ foot candle.
Lighting shall not be of an intensity that produces glare on adjacent
property. Feature lighting emphasizing plants, trees, barriers,
entrances, and exits is encouraged.
22. At time of permitting, revise site plan tabular data on sheet SP-1 for
proposed building height, and total building square footage to
match drawings. Also revise table on sheet SP-1 for Building Type √
Area Breakdown to match revised square footage of floor plans.
23. At time of permitting, revise site plan and landscape plan to
dimension width of perimeter buffers and label as such. √
24. At time of permitting, revise plans to include an irrigation plan. √
229 of 477
DEPARTMENTS INCLUDREJECT
E
25. At time of permitting, revise the site plan to include the following
note: If rental units are converted in the future to condominiums, a
condominium association shall be required to be established and
the condominium documents will specifically prohibit individual √
pools, additions, or modifications to the patios, porches, or
balconies.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
None.
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Ph II\NWSP 12-001\COA.doc
230 of 477
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Seabourn Cove PUD Phase II (NWSP 12-001)
APPLICANT’S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc.
AGENT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2012
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 148 multi-family rental units
and associated recreational amenities and parking areas on 7.4 acres
zoned PUD.
LOCATION OF PROPERTY: West of Federal Highway, East of Old Dixie Highway, in the vicinity of
Miller Road
DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO.
________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit “D” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ __________________________________________
City Clerk
231 of 477
S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Ph II (formerly Palm Cove PUD)\NWSP 12-001\STAFF REPORT\DO.doc
232 of 477
10. A
CITY MANAGER’S REPORT
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Review staff planning efforts to complete the City Hall
EQUESTED CTION BY ITY OMMISSION
volunteer painting project.
ER:
Last year, the City received paint from the Solid Waste Authority at
XPLANATION OF EQUEST
no cost. This allowed the City to coordinate a volunteer painting effort to paint the southerly
façade of City Hall on May 21, 2011. Subsequent to completion of this work, the Solid Waste
Authority donated additional paint to allow the remainder of City Hall to be painted by
volunteers. The second phase of the City Hall painting project is now planned for this coming
April 27 and April 28. Two days will likely be required to complete this work.
The painting project is certainly one that relies heavily upon volunteers. Therefore it is staff’s
intent to once again seek volunteers for this project as was done previously.
H?
The project relies heavily on volunteerism
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and as such promotes community pride. The project will defer by three to five years any
professional painting needs at City Hall.
FI:
Just as there was on Phase I of this project, there will be City expense for
ISCAL MPACT
painting supplies, staff overtime on the day(s) of the event, and insurance costs for volunteers.
The Phase I project incurred just at $4,300 in direct expenses and another $3,500 of indirect
expenses such as costs to clean and prepare the walls. Because Phase II of the project is
larger, staff estimates the direct expenses will be approximately $7,000 and indirect expenses
around $6,000.
233 of 477
A:
Do not paint the remainder of City Hall at this time and return the paint to the
LTERNATIVES
Solid Waste Authority for use by others.
234 of 477
10. B
CITY MANAGER’S REPORT
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-025 - Authorize the
EQUESTED CTION BY ITY OMMISSION
Interim City Manager to enter into consulting agreement with RCultures, Inc. in the amount of
$21,600.00 for Police Department professional services study; and 2) authorize expenditure of
$21,600.00 from the State Law Enforcement Trust Fund account which currently shows a balance of
$257,403.57.
ER:
XPLANATION OF EQUEST
On November 1, 2011, four questions were posed to Chief Immler by Former Mayor Jose Rodriguez.
These questions were placed on the agenda for discussion. The 11-1-11 agenda item and minutes
excerpt is attached.
The four questions were related to our hiring and training practices and came as a result of the arrest of
four police officers. The questions were as follows:
1)What actions do we need to take immediately with the current force to reinforce expected
behavior and minimize future issues?
2)Do we need to evaluate our hiring standards and requirements?
3)Do we need to evaluate our training programs and testing (both new and ongoing)?
4)Do we need to evaluate our oversight standards (supervisory, management structure)?
Chief Immler provided comprehensive responses to each of these questions. As a result of the
discussion, the Commission directed the Interim City Manager to seek proposals for a review of these
operations within the Police Department.
235 of 477
BACKGROUND:
In 2001 the Police Department embarked on the commitment to become an accredited agency. The
accreditation process ensures compliance with over 250 “industry standard” practices. Many of these
standards are directly related to the scope of the questions that were posed last November. Relevant
standards are contained within the following chapters:
1, Organization;
2, Authority;
3, Written Directive System;
8, Classification and Delineation of Duties;
11, Conduct & Disciplinary Process;
12, Recruitment;
13, Selection;
14, Training;
15, Promotion;
16, Performance Evaluations;
27, Internal Affairs
Each chapter contains a multitude of standards. For example, among other standards, chapter one
ensures accredited agencies have a policy that each member be accountable to only one supervisor at
any given time (CFA, 1.02). Chapter 2 requires adoption and adherence to a cannon of ethics (CFA,
2.02), a mandate that employees comply with their supervisor’s lawful orders (CFA, 2.05).
Additionally, it requires the development of a process by which to train personnel, analyze activity,
partner and inform the community, and complete an annual report of biased-based profiling complaints
(CFA 2.08). The entire CFA standards manual is available for inspection upon request. Attached is a
Full-Compliance Final Assessment Report.
copy of the September 2010
Participation in the State’s accreditation program requires frequent and timely “proofs of compliance,”
as well as a minimum of two independent multi-day inspections every three years by trained
accreditation assessors. One of these inspections even includes an observational component where
assessors ride with officers or show up on the scene of events to inspect compliance with standards.
Additionally, the department employs one full-time accreditation manager, Det. Gabe Albala, who
works throughout the agency to promote standards, clarify and revise policies, conduct random
inspections, and document and measure agency performance relative to these standards. Accreditation is
an active commitment on the part of the police department’s administration to ensure that operational
standards either comport with or exceed the professional expectations of the accrediting body. These
standards are routinely evaluated during formal hearings.
The Boynton Beach Police Department has been continually reaccredited for over a decade - most
recently in September 2010 - and assessor reviews have been unanimously favorable. The department
remains committed to providing the most professional law enforcement service possible. Successful
participation in the State’s accreditation program is just one example of this commitment.
In 2005, the BBPD participated in a comprehensive evaluation conducted by the Police Executive
Research Forum (PERF). The results of this independent evaluation suggested that agency practices
were in-line with nationally accepted operational norms. This study relied heavily on topics such as
personnel allocation ratios, workload distribution...etc. While the study was comprehensive, the
department's organizational culture was not emphasized as much as we would recommend for this
upcoming study.
236 of 477
The only substantive change that came from this study was the employment of a COMPSTAT model of
strategic deployment. The principle behind such a strategy is to use quantitative assessment in
scheduling decisions. We also adopted a more fluid system of personnel deployment in the field and
abandoned the traditional “fixed post” strategy (where officers were assigned evenly throughout the city
without rhyme or reason).
RECOMMENDATION:
A staff committee comprised of the Interim City Manager, the Human Resources Director, the Police
Chief and Lt. Jeff Katz, of the BBPD Professional Standards Division was assembled. Four proposals
were sought. Each proposal is attached. Summary:
1) Marianne M. Jennings, W.P. Carey School of Business
Arizona State University – Evaluation of Ethical Culture
And Ethics Training – One on-site visit=$5,000 and each
½ day training thereafter @ $4,500 each plus travel $ 9,500 +
2) Palm Beach State College – Center for Applied Ethics
“Ethical Excellence-Building a Reputation for Integrity” $ 9,600
3) RCultures, Inc. – Mr. Rick Caldwell, President -
Organizational Cultural Assessment $21,600
4) ICMA – Proposal for Comprehensive Analysis of
Police Services – $46,000 + travel of $4,000 $50,000
Based on the direction provided by the Commission, staff is recommending contracting with RCultures,
Inc. for an organizational cultural assessment. This scope, coupled with the recent re-accreditation
review, provides a strong assessment of the departmental operations.
Mr. Caldwell has provided hundreds of hours worth of cultural competency training with the department
over the years. While he doesn't share a personal relationship with members of the department, he has
managed to develop a strong rapport and trust with the organization in general. This type of rapport is
essential in conducting an in-depth cultural assessment because participants need to have some sense of
psychological safety to express their views candidly.
H?
Any opportunity to assess and review
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
departmental practices and procedures would serve as a benefit to the department and to the overall
operations of the city government.
FI:
These funds would be taken from the State Law Enforcement Trust Fund account which
ISCAL MPACT
currently shows a balance of $257,403.57. Florida State Statute 932.7055 provides that when a law enforcement
agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law
Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the Chief of
Police to the governing body of the municipality. This expenditure meets the requirements of the statute in that the
law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point.
Authorize expenditure of forfeiture funds from account # in the amount of $21,600.
691-5000-590-04-25
A:
LTERNATIVES
237 of 477
1)Select a different proposal
2)Modify recommendation/scope of work
3)Seek further proposals
4)Do not contract for study
238 of 477
239 of 477
240 of 477
241 of 477
242 of 477
243 of 477
244 of 477
RESOLUTION NO. R12-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A CONSULTANT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
RCULTURES, INC., IN AN AMOUNT NOT TO EXCEED $21,600.00 FOR
THE PURPOSE OF PROVIDING AN ORGANIZATIONAL CULTURAL
ASSESSMENT OF THE CITY OF BOYNTON BEACH POLICE
DEPARTMENT; AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
in November, 2011, the City Commission held discussions regarding the hiring
and training practices of the City of Boynton Beach Police Department and directed the Interim City
Manager to seek proposals for potential further review of those practices; and
WHEREAS
, City staff sought proposals based on the discussions in November; and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it is in the
best interests of the residents of the City to enter into a Consultant Agreement between the City of
Boynton Beach and RCultures, Inc., in an amount not to exceed $21,600.00, for the purpose of
providing an organizational cultural assessment of the City of Boynton Beach Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby approves a Consultant Agreement between the City
of Boynton Beach and RCultures, Inc., in an amount not to exceed $21,600.00 for the purpose of
providing an organizational cultural assessment of the City of Boynton Beach Police Department.
Section 3. Authorizing the Interim City Manager to execute the Consultant Agreement, a
copy of the Agreement is attached hereto as “Exhibit A.”
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of March, 2012.
CITY OF BOYNTON BEACH, FLORIDA
245 of 477
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
246 of 477
247 of 477
248 of 477
249 of 477
250 of 477
251 of 477
252 of 477
253 of 477
254 of 477
255 of 477
256 of 477
257 of 477
258 of 477
259 of 477
260 of 477
261 of 477
262 of 477
263 of 477
264 of 477
265 of 477
266 of 477
267 of 477
268 of 477
269 of 477
270 of 477
271 of 477
272 of 477
273 of 477
274 of 477
275 of 477
276 of 477
277 of 477
278 of 477
279 of 477
280 of 477
281 of 477
282 of 477
283 of 477
284 of 477
285 of 477
286 of 477
287 of 477
288 of 477
289 of 477
290 of 477
291 of 477
292 of 477
293 of 477
294 of 477
11. A
UNFINISHED BUSINESS
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Provide direction on additional phases of City Manager
EQUESTED CTION BY ITY OMMISSION
search process.
ER:
XPLANATION OF EQUEST
Background Information
On March 6, 2012, Commission provided direction for Human Resources to add an additional
candidate from the ten (10) provided to Commission to replace the candidate who withdrew
and to also reach out to Mr. Jamie Titcomb to assess his interest in being considered for the
position. Commission also requested options for moving forward with the next phases of the
process and for costs associated with those options.
The six (6) candidates are:
Kelvin Baker – Pembroke Pines, Florida
Michael Miller – Alcalde, New Mexico
Walter Munchheimer – Eureka, California
Scott Randall* – Hot Springs Village, Arkansas
Oscar Rodriguez – Riverdale Park, Maryland
Michael Stampfler – Portage, Michigan
*
Alternate candidate added
Attachments: Individual Candidates’ Information Provided to Commission on January 26, 2012.
Attachment: Declination Letter (Jamie Titcomb declined to participate in the search.)
295 of 477
Process Options
Option 1: Two Day Process
Day 1
Meet and Greet Welcome Reception with staff late afternoon/early evening (4:30 P.M. – 6:30
P.M.
Day 2
9:00 AM – 12:30 P.M. - Commission Individual Candidate Interviews (30 minutes with each
candidate)
12:30 P.M. – 2:00 P.M. – Luncheon
2:30 P.M. – 6:30 P.M. – Public Interview of Candidates by Commission at Special Meeting
Option 2: Commission Narrows List of Finalists for Public Interview
Individual Interviews
Commissioners will have set appointments to interview via phone each of the candidates
Commission Meeting Following Individual Interviews
Commissioners will vote on which of the candidates they wish to invite in for a final Public
Interview
Special Meeting
Commissioners will interview candidates at Public Meeting
Option 3: Commission Interviews all Candidates
Individual Interviews
Commissioners will have set appointments to interview via phone each of the candidates
Special Meeting
Commissioners will interview all candidates at Public Meeting
Additional Considerations
Human Resources will collect from each Commissioner and review the questions they wish to
ask the candidates for the Individual Interview and questions they wish to ask the candidates in
the Public Interview.
Human Resources will ensure the questions meet legal requirements. Additionally, Human
Resources will assist the Commission in compiling the questions and designing an Interview
Guide for the Public Interview.
Human Resources will notify candidates that as part of their Public Interview, they will be
required to do a presentation, which will focus on topics identified through the submission of
Commissions’ questions to Human Resources.
296 of 477
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The City continues to operate under the direction of the Interim City Manager.
FI:
ISCAL MPACT
Historical Costs
Assessments were conducted at no cost in partnership with Workforce Alliance. Nominal
costs for advertising; staff time spent on the project
Current Costs
Staff time spent on the project
Future Potential Costs
Travel & Accommodations for Out of Area Candidates
The average cost of a round trip flight for out of area candidates (based on 30 days pre-
booking) is $3,000.00 ($600 x 5 candidates)
A two-night stay at Holiday Inn Express (hotel) for out of area candidates is approximately
$1,300.00 ($260.00 x 5 candidates)
Technology Options
Skype offers a free service based on voice and video data traversing the Internet.
A Skype account and webcam need to be created at both ends (Boynton Beach and
candidate)
Skype’s basic service only offers individual person-to-person conferencing and does not
offer group video conferencing.
Skype offers upgraded fee-based services for small-, medium- and enterprise-sized
businesses, which includes group conferencing.
GreenJobInterview offers a fee-based service which streams the video over the internet
while voice is communicated using phone lines.
They schedule the portal to setup interview dates and times. A link to the scheduled
session is sent to the candidate via email messaging.
A webcam will be required at each end.
This service will accommodate any brand of web cam. If one is not available, this
service will mail a $29 “leave behind” webcam to the candidate.
The service starts with a one-time setup fee of $2,499 to brand an internet based conf-
room, complete with our logo and designs.
Another option is no branded conference room at a reduced start-up cost of $1,000.
The standard billing for each candidate interview lasting 30 minutes or less is $69. For
each interview lasting 31 minutes or longer, their billing rate is $129.
WEBEX offers a fee-based service, similar to GreenJobInterview.
They do not have the hefty up-front costs and their fee is $19 per month with unlimited
use for that month.
297 of 477
They do not require an annual subscription, but do offer price breaks if longer-term
deals were initiated.
They offer a two-week trial period, which comes with all of the features their regular site
provides.
The trial period does not offer the ability to record the sessions (the regular subscription
does).
They do not provide the service to send the remote candidate a webcam.
Webcams range in price from about $30 (for an inexpensive model) up through $250
(for an HD model with a wider range of features).
The City does not currently own a webcam and suggests that we identify a webcam with
wide angle capability for any larger audiences (5+ people) since the Commission
members are spread out on dais.
If the purchase of a webcam is required, ITS staff will need a short period of time to
work with the unit (once received) to see if there are any limitations regarding the room
(Commission Chambers) and the projection onto our screen
A:
LTERNATIVES
1. Commission identifies a hybrid of the options presented.
2. Postpone City Manager search process.
3. Discontinue City Manager search process.
4. Appoint Interim City Manager to City Manager.
298 of 477
299 of 477
300 of 477
301 of 477
302 of 477
303 of 477
304 of 477
305 of 477
306 of 477
307 of 477
308 of 477
309 of 477
310 of 477
311 of 477
312 of 477
313 of 477
314 of 477
315 of 477
316 of 477
317 of 477
318 of 477
319 of 477
320 of 477
321 of 477
322 of 477
323 of 477
324 of 477
325 of 477
326 of 477
327 of 477
328 of 477
329 of 477
330 of 477
331 of 477
332 of 477
333 of 477
334 of 477
335 of 477
336 of 477
337 of 477
338 of 477
339 of 477
340 of 477
341 of 477
342 of 477
343 of 477
344 of 477
345 of 477
346 of 477
347 of 477
348 of 477
349 of 477
350 of 477
351 of 477
352 of 477
353 of 477
354 of 477
355 of 477
356 of 477
357 of 477
358 of 477
359 of 477
360 of 477
361 of 477
362 of 477
363 of 477
364 of 477
365 of 477
366 of 477
367 of 477
368 of 477
369 of 477
370 of 477
371 of 477
372 of 477
373 of 477
13. A
LEGAL
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-004 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve Seabourn Cove Phase II rezoning (REZN 12-001) of subject
property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units
with a new PUD master plan consisting of 148 multi-family rental units. Applicant: Bradley Miller, Miller
Land Planning Consultants, Inc (Request by applicant to table to April 3, 2012).
ER:
This is a rezoning request for a new master plan by Gulfstream
XPLANATION OF EQUEST
Gardens Phase II, LLC for the currently undeveloped 7.4 acres extending between South
Federal Highway and Old Dixie Highway north of Gulfstream Boulevard in the vicinity of Miller
Road. The subject property was approved in 2006 for Palm Cove PUD, however in 2009 the
master plan and site plan development orders expired. In 2011, the subject property was
purchased by the owners of the nearby Gulfstream Gardens project (now known as Seabourn
Cove Phase I) which is currently under construction. As part of the requested rezoning, a new
master plan proposes a total of 148 multi-family dwelling units at the maximum density of 20
dwelling units per acre within 14, three-story buildings with associated recreational amenities
and parking. The proposed rental apartments and townhomes will be in buildings of the same
type and design as Seabourn Cove Phase I. In addition to a new master plan, a new site plan
(NWSP 12-001) is also requested, concurrent with the rezoning request. The subject
property’s Special High Density Residential (SHDR) future land use classification (which
corresponds with the PUD zoning district) remains unchanged.
Staff recommends that the subject request be approved. The Planning and Development
Board reviewed the item on February 28, 2012 and forwards it with the recommendation of
approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
374 of 477
FI:
ISCAL MPACT
Revenues. The 148 units in Seabourn Cove Phase II are proposed as multi-family rental units,
with the option of converting to condominiums in the future. The projected annual tax
revenues include ad valorem taxes of $58,846 and non ad valorem fire assessment of
$13,024, for a total of $71,870. Fees for services include water, stormwater, and sewer fees
of $85,157; refuse collection fee of $19,092; and fire inspection fee of $580, for a total
projected amount of $104,829.
Costs. The necessary services for the property can be provided within the existing capacity of
the respective city departments providing these services: no additional capital outlays or
increased staffing would be required. The increase in operating costs has not been estimated
and it is deemed to be negligible.
A:
Deny subject request, and maintain existing PUD zoning with expired master
LTERNATIVES
plan and site plan development orders on the undeveloped property located in a
redevelopment area.
375 of 477
ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE 06-006 TO ADD
REFERENCE TO AND APPROVAL OF A REVISED MASTER
PLAN FOR A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF SOUTH FEDERAL HIGHWAY, EAST OF OLD
DIXIE HIGHWAY AT MILLER ROAD, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida adopted Ordinance
No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
the property which is the subject of this amendment was rezonedto Planned Unit
Development (PUD) in January, 2006 via Ordinance 06-006; and
WHEREAS,
the Land Development Regulations require approval of a master plan concurrent
with approval of a rezoning to the Planned Unit Development (PUD) district; and
WHEREAS
, the Master Plan proposes a multi-family residential development with a total of 148
units at the maximum density of 20 dwelling units per acre; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said City to
amend the aforesaid Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by
this reference.
Section 2. The City Commission of the City of Boynton Beach here amends Section 2 of
Ordinance 06-006 as follows:
The following described land located approximately one-quarter mile north of Gulfstream Boulevard
between Federal Highway and Old Dixie Highway in the City of Boynton Beach, Florida, as set forth as
follows:
See Legal Description Attached hereto as Exhibit “A”.
376 of 477
be and the same is hereby rezoned from Community Commercial (C-3), General Commercial (C-4) City
and Residential (RM) and General Commercial (CG) Palm Beach County to Planned Unit Development
(PUD) . A location map is attached hereto as Exhibit “B” and made a part of this Ordinance by
reference. The revised Master Plan is attached hereto as Exhibit “C”.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this
Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
377 of 477
FIRST READING this _____ day of _______________, 2012.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Mack McCray
______________________________
Commissioner – Steven Holzman
______________________________
ATTEST: Commissioner – Marlene Ross
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
378 of 477
LEGAL DESCRIPTION FOR SEABOURN COVE PHASE II
PARCEL 1 (PCN: 08434604170000370 AND 08434604170000380)
LOTS 37, 38 AND 58, OF AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA BY INSTRUMENT
RECORDED IN OFFICIAL RECORDS BOOK 104, PAGE 35, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 2 (PCN: 08434604170000590)
THAT PART OF LOT 59, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; LYING WEST OF THE RIGHT-OF-WAY OF STATE
ROAD 5 (U.S. HIGHWAY NO. 1) AS CONVEYED TO PALM BEACH COUNTY, BY A DEED RECORDED
IN OFFFICIAL RECORDS BOOK 124, PAGE 638, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PARCEL 3 (PCN: 0843460411000150)
LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT A PARCEL OF LAND IN LOT 15, KILLIAN'S PARK, A SUBDIVISION ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE SOUTHEAST CORNER OF SAID LOT 15, RUN WESTERLY ALONG THE SOUTH LINE OF
SAID LOT 15 FOR 3.0 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE WEST AND
HAVING A RADIUS OF 11,409.2 FEET; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE
ARC OF SAID CURVE FOR 198.15 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE
RUN EASTERLY ALONG SAID NORTH LINE FOR 8.87 FEET TO THE NORTHEAST CORNER OF SAID
LOT 15; THENCE RUN SOUTHERLY ALONG THE EAST LINE OF SAID LOT 15 FOR 200 FEET TO THE
SOUTHEAST CORNER OF SAID LOT.
PARCEL 4 (PCN: 08434604110000060)
ALL OF LOT 6 AND THE WEST ½ OF LOT 7, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 5 (PCN: 08434604110000071)
THE EAST HALF OF LOT 7 AND ALL OF LOT 8, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 6 (PCN: 08434604110000120)
LOT 12 AND THE WEST ½ OF LOT 13, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 7 (PCN: 08434604110000131)
379 of 477
THE EAST ½ OF LOT 13, AND ALL OF LOT 14, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 8 (PCN: 08434604110000171)
THE WEST ½ OF LOT 17, ALL OF LOT 18, AND THE EAST ½ OF LOT 19, OF KILLIAN'S PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 9 (PCN: 08434604110000101)
THE EAST ½ OF LOT 10 AND ALL OF LOT 11, OF KILLIAN'S PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
PARCEL 10 (PCN: 08434604110000160)
LOT 16 AND THE EAST ½ OF LOT 17, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 11 (PCN: 08434604110000191 AND 08434604110000210)
THE WEST ½ OF LOT 19 AND LOTS 20 THROUGH 29, INCLUSIVE, OF KILLIAN'S PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 12 (PCN: 08434604110000090)
LOT 9 AND THE WEST 1/2 OF LOT 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND
61, AMENDED PLAT OF TRADE WINDS ESTATES IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43
EAST, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORID, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE
195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
A/K/A
LOT 9 AND THE WEST ½ OF LOT 10, OF KILLIAN'S PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
PARCEL 13 (NO PCN)
THAT PORTION OF MILLER ROAD, AS VACATED AND ABANDONED BY ORDINANCE NO. 07-007,
AS RECORDED IN OFFICIAL RECORDS BOOK 19827, PAGE 1793, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF RIGHT-OF-WAY OF MILLER ROAD, AS SHOWN ON THE PLAT OF KILLIAN'S PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 195, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK;
380 of 477
THENCE EAST ALONG THE NORTH RIGHT-OF-OF WAY LINE OF SAID MILLER ROAD, A DISTANCE
OF 450.00 FEET;
THENCE SOUTH 08°33'15" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER ROAD, A
DISTANCE OF 30.34 FEET;
THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF
445.49 FEET;
THENCE NORTH, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
CONTAINING 322,489 SQUARE FEET (7.40 ACRES), MORE OR LESS.
381 of 477
382 of 477
383 of 477
384 of 477
385 of 477
386 of 477
387 of 477
388 of 477
389 of 477
13. B
LEGAL
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-005 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Amend (a) the responsibility for appointing a Chair and Vice-Chair and
(b) qualifications of regular members of the Financial Advisory Committee
ER:
XPLANATION OF EQUESTS
(a)
The Financial Advisory Committee unanimously voted at its February 13, 2012 meeting
(Minutes attached) to ask the City Commission to consider an amendment to the current
Ordinance allowing the Committee to elect its own Chair and Vice-Chair.
2-243 (e) (2) Privileges, Duties and Responsibilities.
(2) The regular members of the Financial Advisory Committee City Commission
shall vote to appoint a chair, who shall preside over the meetings of the Financial
Advisory Committee, and also vote to appoint a vice-chair who shall serve in the
absence of the chair.
The Committee members noted and it was confirmed by the City Clerk that the Financial
Advisory Committee is the only Committee or Advisory Board whose members could not elect
its own Chair and Vice-Chair.
(b)
Staff liaison members to the Financial Advisory Committee further recommend an
amendment to the current Ordinance to better clarify regular member qualifications. The
expanded clarification is currently in place on the Committee Application (Attached).
390 of 477
Sec. 2-243. Committee appointments and membership.
(a) All members shall be residents of or own property in the city, own a business
within the city or be an officer, director or manager of a business located within the city.
No member of the Committee shall serve on any other city board or committee.
(b) (1) At least five of the regular members on the Committee shall have one of
the following qualifications:
a. Certified public accountant;
b. Accounting professional;
c. Finance professional; Financial Planning & Management
d. Certified financial planner;
e. Investment advisor;
f. Insurance professional (property/casualty or health);
g. Business owner/manager;
h. MBA or MPA degree (with high levels of accountability / responsibilities
with budget and organizational oversight).
i. Banking
j. Pension Plan Management
k. Auditing;
(2) The remaining four members may be at large.
H?
The proposed amendments would,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
(a) In the view of the Financial Advisory Committee, help them more effectively serve the
City by expeditiously electing members as Chair and Vice-Chair who are willing to serve
in the respective capacities and avoiding any extended vacancies.
(b) Clarify the very general term of “Finance professional” into the added categories and
provide consistency with the Financial Advisory Committee Appointment Application
form.
FI:
None
ISCAL MPACT
A:
Leave the Code as is.
LTERNATIVES
391 of 477
ORDINANCE NO. 12 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO,
ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”,
SECTION 2-243(b)(1) “MEMBERSHIP” BY AMENDING THE
QUALIFICATIONS FOR REGULAR MEMBERS; AMENDING
SECTION 2-243(e)(2) “PRIVILEGES, DUTIES AND
RESPONSIBILITIES” ALLOWING THE COMMITTEE TO
SELECT ITS CHAIR AND VICE-CHAIR; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, the City Commission of the City of Boynton Beach, Florida established a Financial
Advisory Committee consisting of nine 9 members (seven (7) regular and two (2) alternate members) to
review the impact of legislative and administrative decisions on the City budget; and
WHEREAS
, the Financial Advisory Committee has confirmed with the City Clerk that it is the
only Committee or Board whose members could not elect its Chair and Vice-Chair; and
WHEREAS
, the Financial Advisory Committee has requested that the City Commission
consider an amendment allowing the Committee to elect its own Chair and Vice-Chair; and
WHEREAS
, staff is also recommending an amendment to the City’s Code of Ordinances to
better clarify the qualifications of regular members.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-
243(b)(1) of the Boynton Beach Code of Ordinances is hereby amended as follows:
Sec. 2-243. Committee appointments and membership.
(a) All members shall be residents of or own property in the city, own a business within the city or
be an officer, director or manager of a business located within the city. No member of the Committee
shall serve on any other city board or committee.
392 of 477
(b) (1) At least five of the regular members on the Committee shall have one of the following
qualifications:
a. Certified public accountant;
b. Accounting professional;
c. Finance professionalAuditing;
d. Certified financial planner;
e. Investment advisor;
f. Insurance professional (property/casualty or health);
g. Business owner/manager;
h. MBA or MPA degree (with high levels of accountability/responsibilities with budget and
organizational oversight).
i. Banking
j. Pension Plan Management
k. Financial Planning & Management
(2) The remaining four members may be at large.
Section 3.
That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-
243(e)(2) of the Boynton Beach Code of Ordinances is hereby amended as follows:
…
(e) Privileges, duties and responsibilities.
(1) Privileges. Members will have voting privileges as set forth herein. Members shall create
and implement rules, policies and procedures necessary to carry out the Financial Advisory Committee’s
purpose, in conformance with the provisions of the city’s Code of Ordinances and state law.
(2) The City Commissionregular members of the Financial Advisory Committee shall vote to
appoint a chair, who shall preside over the meetings of the Financial Advisory Committee, and also vote
to appoint a vice-chair who shall serve in the absence of the chair.
Section 4.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provision of this ordinance are hereby repealed.
393 of 477
Section 5.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
394 of 477
FIRST READING this ___ day of ______________, 2012.
SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner –
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
395 of 477
396 of 477
397 of 477
398 of 477
399 of 477
13. C
LEGAL
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-026 - Authorize
EQUESTED CTION BY ITY OMMISSION
Mayor to execute a Quit-Claim Deed transferring property to the Executive Estates of Boynton Beach
Homeowners Association
.
ER:
Upon completion of the Executive Estates P.U.D. located on the
XPLANATION OF EQUEST
southeast corner of Miner Road and Lawrence Road in the late 1980’s, a number of residents
requested that certain roads be abandoned to the HOA in order to allow the HOA to gate/close
these roads. The concern at the time was that traffic would cut through this subdivision
unnecessarily from Lawrence Road to Miner Road. On October 3, 1989, City Resolution 89-XX
subsequently abandoned Citrus Glen Drive (Tract “D”) and Citrus Avenue (Tract “E”). Access
to the subdivision was ultimately gated at Lawrence Road and a secondary emergency access
was provided on Miner Road. This roadway configuration has been in place to this date.
Last year, the Executive Estates of Boynton Beach HOA approached City staff to determine
the potential for modification of roadway design on Citrus Glen Drive where it intersects Miner
Road. As part of staff’s due diligence, we found that the above referenced roadways had not
been abandoned in 1989 as we previously believed and that somehow these roadways
morphed into private parcels of land owned by the City of Boynton Beach according to Palm
Beach County PAPA records. Despite staff efforts, we are unable to trace exactly how this
happened.
Nevertheless, the intent of the City in 2012 is the same as it was in 1989. There is no public
purpose for City ownership of both Citrus Glen Drive and Citrus Avenue as defined on the
documents attached hereto. Therefore, in order to ensure proper transfer of ownership to the
HOA, City staff now recommends approval of a Quit Claim Deed transferring the properties to
the HOA. Thus this item is merely a housekeeping matter.
400 of 477
H?
No affect. The HOA has been maintaining
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
these roadways since 1989. That will continue.
FI:
None
ISCAL MPACT
A:
Retain these parcels under City ownership and require that the HOA gates be
LTERNATIVES
removed. Not recommended.
401 of 477
RESOLUTION NO. R12 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A QUIT
CLAIM DEED TRANSFERRING PROPERTY IN FAVOR OF THE
EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS
ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on October 3, 1989, via Resolution 89-XX and Resolution 89-YY, the City
Commission abandoned Citrus Glen Drive and Citrus Avenue; and
WHEREAS
, it has been determined that the roadways had not been properly abandoned and
were considered by the Palm Beach County Property Appraisers office to be private parcels owned by
the City; and
WHEREAS
, it has been determined that there is no public purpose for City ownership of both
Citrus Glen Drive and Citrus Avenue; therefore, in order to ensure proper transfer of ownership to the
Homeowners Association, City staff now recommends approval of a Quit Claim Deed transferring the
properties to the HOA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified
and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach hereby authorizes the Mayor
to execute a Quit Claim Deed transferring ownership to the property described in the Quit Claim Deed
attached hereto as Exhibit “A” to the Executive Estates of Boynton Beach Homeowners Association,
Inc.
Section 3. That this Resolution will become effective immediately upon passage.
402 of 477
PASSED AND ADOPTED this _____ day of March, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
403 of 477
404 of 477
405 of 477
406 of 477
407 of 477
408 of 477
409 of 477
410 of 477
411 of 477
412 of 477
413 of 477
414 of 477
415 of 477
416 of 477
417 of 477
418 of 477
419 of 477
420 of 477
421 of 477
422 of 477
423 of 477
13. D
LEGAL
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Review Charter Review Committee Report.
EQUESTED CTION BY ITY OMMISSION
ER:
The City Commission formed a Charter Review Committee that
XPLANATION OF EQUEST
was comprised of James Blake, Brian Edwards, David Katz, Paula Melley, and Jeannie Taylor.
The Committee met on six (6) occasions between May and November, 2011. The result of
their review is set forth in the Charter Review Committee minutes attached hereto. The City
Attorney will present an overview of the recommendations and the process for submitting
proposed charter amendments to a referendum election.
H?
Charter review is an advised but not
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
legally required procedure. If recommendations of the Committee are accepted by the City
Commission in whole or in part the Charter can be amended by submitting the proposed
changes to the electorate by ballot question.
FI:
A referendum election can cost approximately $60,000.00.
ISCAL MPACT
A:
Reject the report and reconvene the Charter Review Committee with
LTERNATIVES
additional direction or take no action whatsoever.
424 of 477
425 of 477
426 of 477
427 of 477
428 of 477
429 of 477
430 of 477
431 of 477
432 of 477
433 of 477
434 of 477
435 of 477
436 of 477
437 of 477
438 of 477
439 of 477
440 of 477
441 of 477
442 of 477
Sec. 17. Composition, election, terms, vacancies.
(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of
Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing
for office, and who shall have attained the age of twenty-one (21) years on or before the date the
candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of
the four (4) election districts and shall be elected by a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from each of the four (4)
election districts within the City, and a Mayor who is elected by a city-wide vote. Each City
Commissioner and each candidate for City Commissioner shall reside in the election district from which
he or she is (to be) elected. A candidate for a Commission district seat must reside, for a period of not
less than one (1) year prior to filing for election, in the district from which the candidate seeks election.
Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one
(1) candidate for Mayor.
(c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of
Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the
age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for
office shall be eligible to hold the office of City Commissioner. Each Commissioner and each candidate
for Commissioner shall be elected from the election district in which he or she resides, subject to the
50% plus 1 rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a
Commissioner from an election district shall remain a resident of the election district and the City of
Boynton Beach during his/her term of office or shall forfeit his/her office.
(d) The failure of a City Commissioner to continue to reside within the district from which elected,
or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit
his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in
that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the
City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise
provided, so long as the individual selected to fill the vacancy has resided in the same district from
which the original Commissioner resided for a period of not less than one (1) year.
(e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is
otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the
remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy
as herein otherwise provided.
(f) Commencing with the regular City election in March 2001, candidates for City Commissioner
shall file with the City Clerk a written notice of candidacy, designating which of the four (4)
Commission districts of the City Commission the candidates intend to fill.
(g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the
Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and
identified, every ten (10) years commencing ninety (90) days after the Census report is published by
contract to the City of Boynton Beach with a four (4) year college or university or educational research
institution located within the State of Florida to be selected by the City Commission of the City of
Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and
logically related to the natural internal boundaries of the neighborhoods within the City. The principal
443 of 477
of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate
qualifies for election for any designated election district seats, then a special qualifying period shall be
opened for five (5) calendar days after the close of the regular qualifying period and anyone from
anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a
vacancy shall be declared and filled in accordance with this Charter.
Sec. 49. General provisions.
(a) Administrative officers, departments and agencies. The government of the City shall be carried
on by the Mayor and City Commission. They shall appoint a City Manager, who shall serve as the City's
chief executive officer, and a City Attorney, both of whom shall serve at the pleasure of the City
Commission. There may be other departments and agencies that may be established to address City
issues. These other departments and agencies will be adopted by the City Commission in the form of an
ordinance. . All other City employees shall be hired, appointed and discharged by the City Manager,
with only the appointment or discharge of Assistant City Managers subject to confirmation by the City
Commission.
(b) Supervision by City Manager. Each department, office and agency under the direction and
supervision of the City Manager shall be administered by an officer appointed by and subject to the
direction and supervision of the City Manager. With the consent of Commission, the City Manager may
serve as the head of one or more such departments, offices or agencies or may appoint one person as the
head of two or more of them or may combine the functions of any offices specified in this Charter which
may be appointed by him.
(c) Commission/Managernon-interference with administration. The City Commission or its
members shall deal with city officers and employees who are subject to the direction and supervision of
the City Manager solely through the Manager, when such dealings involve giving orders or making
requests for services to any such officer or employee. All employees and officers shall be permitted to
provide information to any Commissioner or member of the public upon request.
Sec. 55. Compensation of Mayor and City Commission.
Each member of the City Commission, including the member who serves as Mayor shall receive
salaries as follows:
(a) Effective April 1, 2005, the Mayor shall receive a salary of $18,000 annually, paid in equal
monthly installments;
(b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive a
salary of $15,000 annually, paid in equal monthly installments; and
(c) The compensation of the Mayor and the Commissioners shall be adjusted in April each year to
reflect increase in the consumer price index.
444 of 477
445 of 477
446 of 477
447 of 477
448 of 477
449 of 477
450 of 477
451 of 477
452 of 477
453 of 477
454 of 477
455 of 477
456 of 477
457 of 477
458 of 477
459 of 477
460 of 477
461 of 477
462 of 477
463 of 477
464 of 477
465 of 477
466 of 477
467 of 477
468 of 477
469 of 477
470 of 477
471 of 477
472 of 477
473 of 477
474 of 477
14. A
FUTURE AGENDA ITEMS
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Update on City-owned property for sale- 4/3/12
EQUESTED CTION BY ITY OMMISSION
ER:
Staff anticipates the land appraisals by mid-March. The bid
XPLANATION OF EQUEST
opening for the parcels is March 12, 2012.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
475 of 477
14. B
FUTURE AGENDA ITEMS
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Update on In-house Medical Clinic- 4/17/12
EQUESTED CTION BY ITY OMMISSION
ER:
Review research and feasibility of bringing into the city an In-house
XPLANATION OF EQUEST
Medical Clinic. Staff has identified several options and will be meeting with CIGNA the end of
March to review programs and costs to bring back for Commission consideration.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
476 of 477
14. C
FUTURE AGENDA ITEMS
March 20, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
March 20, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discussion of two proposals for redevelopment of Old High
EQUESTED CTION BY ITY OMMISSION
School - 4/3/12
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
477 of 477