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Agenda 08-21-12 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, AUGUST 21, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II Vacant Commissioner – District I 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 Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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 774 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor McCray D. Brand Promise Statement E. 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. Commissioner Marlene Ross will introduce the Boynton Reads Committee and discuss its mission. 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 Voting Delegate for Florida League of Cities Annual Conference, August 23-25, 2012. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards C. District I Vacancy - Discussion of Letters of Interest 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 3 of 774 A. Accept the FY 2011-12 Budget Status Report of the General Fund & Utility Revenue Fund for the ten (10) month period ended July 31, 2012. B. Accept the written report to the Commission for purchases over $10,000 for the month of July 2012. PROPOSED RESOLUTION NO. 12-075 C. to: (a) Approve the piggyback of the Town of Jupiter's Contract with Roof Painting by Hartzell, Inc. (Hartzell), Bid JW 10-26 with the same terms, conditions, specifications and pricing. (b) Approve the two Proposals by Hartzell based on this Contract to provide painting maintenance for two (2) softening basins (north clarifier and south clarifier) at the East Water Treatment Plant at a cost of $46,197.90 each for a total cost of $ 92,395.80. PROPOSED RESOLUTION NO. R12-076 D. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with South River Development, LLC for the property at 1145 Highland Rd, Lantana, FL. PROPOSED RESOLUTION NO. R12-077 E. - Approve and authorize execution of an Interlocal Agreement between the City of Boynton Beach and Palm Beach County that facilitates the use of the Homeless Resource Center located in the City of West Palm Beach for referrals of homeless individuals in need of services. PROPOSED RESOLUTION NO. R12-078 F. - Approve amendment of Resolution 12-063 (copy attached), increasing the City's local match for the Governor's Qualified Target Industry (QTI) Tax Refund Program for Project Cast by $9,600 from $22,400 to $32,000. PROPOSED RESOLUTION NO. R12-079 G. - Approve "piggy-backing" United States Coast Guard Basic Ordering Agreement (BOA) HSCB84-09-A-100113 contract with Clean Harbors Environmental Services, Inc. for emergency response support. PROPOSED RESOLUTION NO. R12-080 H. - Approve the Confidentiality and Hold Harmless Agreement with Project Cast I. Approve the minutes from the regular City Commission meeting held on August 7, 2012 J. Accept the resignation of David Katz, a regular member of the Financial Advisory Committee K. Accept the resignation of Evelyn DuPlecy, a regular member of the Community Relations Board 4 of 774 L. Accept the resignation of Armisha Roberts, a student member of the Education and Youth Advisory Board 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R12-081 A. - Approve and authorize execution of a Contract for a bid award to The BG Group LLC of Boca Raton, FL; Bid No. 051-2510-12/JMA, in the amount of $49,873. In addition, approve a 10% contingency of $4,987 for a total project amount of $54,860 for the Demolition of the Boardwalk and Landings for the Stormwater Regional Facility Basin #1 PROPOSED RESOLUTION NO. R12-082 B. - Approve and authorize execution of a Contract for a bid award with T.J. Bowles Electric Co., Inc. of Boynton Beach, Florida; Bid No. 052-2510-12/JMA, in the amount of $11,600 for the "Removal and Installation for the Lighting and Electric for the Boardwalk and Landings Project at the Regional Facility Basin #1". In addition, approve a 10% contingency of $1,160 for a total approved amount of $12,760. PROPOSED RESOLUTION NO. R12-083 C. - Approve and authorize execution of a Contract for a bid award with Bayshore Construction, Inc. of Sarasota, Florida; Bid No. 055-2510-12/JMA, in the amount of $193,185. In addition, approve a 10% contingency of $19,318.50 for a total approved project amount of $212,503.50 for the Refurbishment of the Boardwalk and Landings for the Regional Basin Facility #1. . D. (1) Approve the piggyback of Florida State Term Contract (STC) 250-000-09-1 for "IT Hardware-Network Infrastructure Equipment and Services" awarded to Avaya and (2) Accept the proposal from Ronco Communications & Electronics, Inc., an authorized reseller for Avaya equipment and installation services in the amount of $199,474.98. PROPOSED RESOLUTION NO. R12-084 E. - Approve the award and execution of a Contract to Mathews Consulting, Inc. of West Palm Beach, FL as the highest ranked firm identified by the Evaluation Committee from the responses received to the Request for Proposals (RFP) #056-2821-12/DJL "CONSTRUCTION MANAGEMENT SERVICES", with a not-to-exceed fee of $732,809. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A") in case #10-2994 filed April 16, 2012 to reduce the fines in this case from $44,284.12 to $5,634.12. B. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A") in case #11-168 filed May 21, 2012 to reduce the fines in this case from $35,934.12 to $6,000.00 5 of 774 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. A. Approve conditional use request to allow a cigar bar in a Mixed Use (MU) Pod of a Planned Industrial Development (PID). Applicant: Adam Koetje 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS PROPOSED RESOLUTION NO. R12-085 A. - Consider new lease for reduction of current monthly rent amount for Glaston Sims d/b/a Alex Sims Barber Shop (Unit A) in City owned property located at 909 N. Seacrest Blvd., Boynton Beach, FL B. Discuss and authorize travel to Florida League of Cities Annual Conference to be held in Hollywood, Florida from August 23-25, 2012. 13. LEGAL PROPOSED ORDINANCE NO 12-014 - FIRST READING A. - Approve amendments to the Land Development Regulations pursuant to Section 509.233 Florida Statutes, to allow for the exemption from that portion of State Law and the U.S. Food and Drug Administration’s Food Code that prohibit dogs on the premises of a food establishment, and to establish a permit system and operational rules. Applicant: City Initiated. B. Discussion regarding scope and timing of Charter amendments 14. FUTURE AGENDA ITEMS A. 1st Budget Adoption Public Hearing - Tuesday, September 4, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. B. Final Adoption Public Hearing - Fire Assessment Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. 6 of 774 C. 2nd Budget Adoption Public Hearing - Tuesday, September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. D. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY 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 INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 774 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: Commissioner Marlene Ross will introduce the EQUESTED CTION BY ITY OMMISSION Boynton Reads Committee and discuss its mission. ER: Commissioner Marlene Ross will introduce the Boynton XPLANATION OF EQUEST Reads Committee and discuss its mission. H? Commissioner Ross and City staff OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES serving on this committee will compliment the various city programs and community partnerships, including area businesses, schools and non-profits that support education and literacy initiatives in Boynton Beach. FI: None. ISCAL MPACT A: None. LTERNATIVES 8 of 774 5. A ADMINISTRATIVE August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 Voting Delegate for Florida League of EQUESTED CTION BY ITY OMMISSION Cities Annual Conference, August 23-25, 2012. ER: The annual Florida League of Cities conference will be held XPLANATION OF EQUEST at the Westin Diplomat Hotel in Hollywood, Florida. Each year the City Commission appoints a delegate to vote on behalf of the City of Boynton Beach at the annual meeting. See attached request. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Do not appoint a delegate. LTERNATIVES 9 of 774 10 of 774 11 of 774 5. B ADMINISTRATIVE August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 12 of 774 13 of 774 14 of 774 15 of 774 16 of 774 17 of 774 18 of 774 19 of 774 20 of 774 5. C ADMINISTRATIVE August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: District I Vacancy - Discussion of Letters of Interest EQUESTED CTION BY ITY OMMISSION ER: Due to William Orlove’s resignation on July 11, 2012, the XPLANATION OF EQUEST City Commission declared a vacancy for the District 1 Commission seat at its July 17, 2012 Commission meeting. The Commission voted to accept Letters of Interest from qualified residents. As of this date, four letters have been received (attached). If any additional letters are submitted they will be distributed to the Commission and a hard copy will be placed on the dais. Section 20 of the City Charter provides: “In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held of the first Tuesday in November (needs to be corrected to March) of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose.” H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT 21 of 774 A: n/a LTERNATIVES 22 of 774 23 of 774 24 of 774 25 of 774 26 of 774 27 of 774 28 of 774 29 of 774 6. A CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2011-12 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Revenue Fund for the ten (10) month period ended July 31, 2012. ER: This report summarizes the estimated funding sources and XPLANATION OF EQUEST the adopted expenditure budgets for the City’s General Fund and Utility Revenue Fund for the ten (10) month period ended July 31, 2012 (83% of the fiscal year). The analysis compares -  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and the ISCAL MPACT Utility Revenue Fund follow. 30 of 774 GENERAL FUND FY 2011-12FY 2010-11FY 2012 vs. 2011 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 65,142$ 59,04291%$ 68,551$ 61,541 90%-5%-4% Expenditures$ (65,142)$ (52,998)81%$ (68,551)$ (56,709)83%-5%-7% Excess (Deficit)$ -$ 6,044$ -$ 4,832 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the FY 2012. Transfers from other funds (non-revenues) provide $22.3 M or a large 34% of the total funding sources to balance our $65.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA 2. 31% - $ 20.3 M – All other revenues 3._34% - $ 22.3 M – Transfers from other funds & General Fund Balance 100% - $ 65.1 M – Total funding sources The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an increase of $.8 M from FY 2011. To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an appropriation of the General Fund undesignated fund balance of $110,000 representing a total of $22.3 M or 34% of all funding sources. Actual Funding Sources Realized: Revenues and transfers realized are $59.0 M or 91% of the budget estimate compared to $61.5 M or 90% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $22.4 M (100% of the budget estimate) have been received to date versus $21.7 M (98% of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: 1. Franchise Fees with $3.5 M or 80% actually collected in FY 2012 compared to 73% in FY 2011. The percent increase is due to reduced revenue estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012. 2. Business Taxes & Building Permits Business taxes and building permits in total appear that we will realize our total estimated revenues. a. Business taxes are due at the beginning of our fiscal year. It appears that we will fall short of our annual estimate by approximately $100,000. It remains to be seen if all business taxes will be realized. b. Building permits of $1.6 million have already exceeded our annual estimate of $1.1 million and have exceeded year-to-date revenues compared to the $1.1 million in FY 2011. At this rate, we will more than 31 of 774 make up the $100,000 shortfall of business taxes. 3. State Shared Revenues of $5.4 M or 83% collected in FY 2012 which is ahead of FY 2011 in dollars collected, but behind the 84% of the total budget estimate for FY 2011. The amount budgeted this year reflects the State’s estimate. While it appears we are on track at 83% to receive our annual revenue estimate, we still have an added $1.0 M to receive in the last two months. 4. Public Safety revenues realized this year are $3.4 M or 87% compared to $3.3 M or 88% in FY 2011. While it appears we are nearly on track, it remains to be seen if all Public Safety revenues will be realized. Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, budgeted expenditures decreased approximately 5% from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many departments with the larger decreases coming from Police, Building and Development departments, and Parks Maintenance. Actual Expenditures – Expenditures for the fiscal year to date are $53.0 M that is 81% of the $65.1 M expenditure appropriation for FY 2012 at this 83% point of the year. (a) With the expenditures at $53.0 M, we are $3.7 M under last fiscal year spending levels of $56.7 M for this same period. (b) With the exception of the Police Department, all departments are within their spending levels at this 83% point of the fiscal year. (c) The Police Department has expended $19.6+ M or 86% of their annual budget at this 83% point of the fiscal year. At this rate, they could exceed their approved annual budget by $0.8 M. Among major expenditure categories, overtime and holiday pay have already expended 95% of the annual budget of $1.3 M for these two line items. 32 of 774 UTILITY REVENUE FUND FY 2011-12FY 2010-11 FY 2012 vs. 2011 Actual to DateActual to Date Annual Annual BudgetActual BudgetBudget %% Amount%Amount% Revenues$ 39,077$ 32,21582%$ 36,309$ 32,30389%8%0% Revenue Fund Increase$ (6,860)$ (5,717)83%$ (4,342)$ (3,619)83%58%58% Net Revenues$ 32,217$ 26,49882%$ 31,967$ 28,68490%1%-8% Expenditures$ (32,217)$ (25,868)80%$ (31,967)$ (26,170)82%1%-1% Operational Variance$ -$ 630$ -$ 2,514 With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond issue of $45.895 million, the Commission approved necessary rate increases to partially fund and maintain the Utility’s Repair & Maintenance Capital Fund in addition to bond financing. As a result, there are the planned Revenue Fund increases in its Operational Plan in order to meet our CIP needs and to fund our increased debt service requirements. These factors should provide for adequate bond debt service coverage. Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a fund balance increase (excess of revenues over expenditures) before added debt service and transfers to the Repair & Maintenance Capital Improvement Fund. To date this year, we are slightly ahead of our plan by $630 K versus last year’s amount of $2.5 M. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) – Actual revenues to date of $32.2 M and the planned fund balance increase of $5.7 M vary slightly in FY 2012 compared to the $32.3 M to date in FY 2011, because of two factors:  Water Sales - $14.8 M equivalent to 80% of the annual estimate, compared to $15.1 M (89%) at this point in FY 2011.  Sewer Service - $13.6 M equivalent to 83% of the annual estimate, compared to $13.3 M (87%) at this point in FY 2011. Expenditures (Exhibit D) – The FY 2012 annual expenditure budget of $32.2 M represents a $0.3 M (1%) increase from the FY 2011 budget of $31.9 M Expenditures to date are $25.8 M or 80% of the annual appropriation well under expenditures of $26.1 M or 82% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 33 of 774 34 of 774 35 of 774 36 of 774 37 of 774 6. B CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of July 2012. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to 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 July 2012: Purchase Order Vendor Amount 120842 M&M Asphalt Maintenance, Inc. $ 21,826.00 120843 Insituform Technologies, Inc. $ 21,671.00 120866 Garland/DBS, Inc. $ 63,988.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 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. 38 of 774 FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 39 of 774 40 of 774 41 of 774 42 of 774 43 of 774 44 of 774 45 of 774 46 of 774 47 of 774 48 of 774 49 of 774 50 of 774 51 of 774 52 of 774 53 of 774 54 of 774 55 of 774 56 of 774 57 of 774 58 of 774 59 of 774 60 of 774 61 of 774 62 of 774 63 of 774 64 of 774 65 of 774 66 of 774 67 of 774 68 of 774 69 of 774 70 of 774 71 of 774 72 of 774 73 of 774 74 of 774 75 of 774 76 of 774 77 of 774 78 of 774 79 of 774 80 of 774 81 of 774 82 of 774 83 of 774 84 of 774 85 of 774 86 of 774 87 of 774 88 of 774 89 of 774 90 of 774 91 of 774 92 of 774 93 of 774 94 of 774 95 of 774 96 of 774 97 of 774 98 of 774 99 of 774 100 of 774 101 of 774 6. C CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. 12-075 to: EQUESTED CTION BY ITY OMMISSION (a) Approve the piggyback of the Town of Jupiter's Contract with Roof Painting by Hartzell, Inc. (Hartzell), Bid JW 10-26 with the same terms, conditions, specifications and pricing. (b) Approve the two Proposals by Hartzell based on this Contract to provide painting maintenance for two (2) softening basins (north clarifier and south clarifier) at the East Water Treatment Plant at a cost of $46,197.90 each for a total cost of $ 92,395.80. ER: The Town of Jupiter complied with Public Bid requirements equal XPLANATION OF EQUEST to or exceeding the City of Boynton Beach's requirements. Attached is a copy of the Contract with Jupiter for the contract period from October 11, 2010 to October 10, 2013 with the right to extend the Contract on an annual basis for an additional three (3) years. The two Proposals dated July 26, 2012 submitted to Boynton Beach are attached and are primarily based on square footage unit pricing contained in the Jupiter Contract less a 15% discount. The scope of the Proposals excludes the blasting and removal of sludge build-up on previously coated metal that will be removed by others as well as cleaning or painting of concrete or interior metal. The softening basins are the main treatment units at the East Water Treatment Plant (WTP). These structures were identified as needing some routine painting and repair during the review of the plant’s long term upgrade as part of the water supply plan. Subsequently, the sanitary survey of the East WTP conducted by the Palm Beach 102 of 774 County Health Department on March 29, 2012 also noted the need for painting and minor repairs to the weirs on both North and South softening basins. H? This painting project is in support OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of the Utilities ongoing capital facilities maintenance program. The program preserves the integrity of each structure as well as the appearance of the surrounding neighborhoods and community. FI: As noted, the two Proposals are primarily based on square footage unit ISCAL MPACT pricing contained in the Jupiter Contract less a 15% discount as follows: $ 49,174.00 – 21,380 square feet of steel area to be painted x $2.30 per sq. ft. $ 7,376.10 – Less 15% discount from Jupiter Contract $ 41,797.90 – Painting $ 4,400.00 – Miscellaneous related work $ 46,197.90 – Total for each clarifier $ 46,197.90 – Second clarifier $ 92,395.80 – Total proposal Funds are available in the CIP account: 403-5010-590-65-02 (WTR112). A: These repairs must be undertaken. The City of Boynton Beach could LTERNATIVES issue its own bid for the provision of painting services. 103 of 774 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A TOWN OF JUPITER CONTRACT BID JW 10-26 WITH ROOF PAINTING BY HARTZELL, INC., OF POMPANO BEACH, FLORIDA; AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT TO PROVIDE PAINTING MAINTENANCE FOR TWO (2) SOFTENING BASINS (NORTH CLARIFIER AND SOUTH CLARIFIER) AT THE EAST WATER TREATMENT PLANT FOR A TOTAL COST OF $92,395.80 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the Town of Jupiter has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a Town of Jupiter Contract Bid JW 10-26 and enter into an Agreement with Roof Painting by Hartzell, Inc., of Pompano Beach, Floridato provide painting maintenance for two (2) softening basins (north clarifier and south clarifier) at the East Water Treatment Plant for a total cost of $92,395.80. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a Town of Jupiter Contract Bid JW 10-26 and enter into an Agreement with Roof Painting by Hartzell, Inc., of Pompano Beach, Floridato provide painting maintenance for two (2) softening basins (north clarifier and south clarifier) at the 104 of 774 East Water Treatment Plant for a total cost of $92,395.80, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Woodrow L. Hay ___________________________________ Vice Mayor – Mack McCray ___________________________________ Commissioner – ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (City Seal) 105 of 774 106 of 774 107 of 774 108 of 774 109 of 774 110 of 774 111 of 774 112 of 774 113 of 774 114 of 774 115 of 774 116 of 774 117 of 774 118 of 774 119 of 774 120 of 774 121 of 774 122 of 774 123 of 774 124 of 774 125 of 774 126 of 774 127 of 774 128 of 774 129 of 774 130 of 774 131 of 774 132 of 774 133 of 774 134 of 774 135 of 774 136 of 774 137 of 774 138 of 774 139 of 774 140 of 774 141 of 774 6. D CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-076 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with South River Development, LLC for the property at 1145 Highland Rd, Lantana, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the 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 ISCAL MPACT above the water rates charged to customers within the City. 142 of 774 A: Deny request to provide service. If service is denied, the Consumptive LTERNATIVES Use 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”. 143 of 774 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 SOUTH RIVER DEVELOPMENT, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1145 Highland Road, Lantana, Florida (PCN: 00-43-45-09-08- 000-0730); and WHEREAS , the parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS , the property historically receives water from a well and the owner now requests that the City 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 South River Development, LLC., 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 August 2012. 144 of 774 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ___________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 145 of 774 146 of 774 147 of 774 148 of 774 149 of 774 150 of 774 151 of 774 152 of 774 153 of 774 154 of 774 155 of 774 6. E CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-077 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of an Interlocal Agreement between the City of Boynton Beach and Palm Beach County that facilitates the use of the Homeless Resource Center located in the City of West Palm Beach for referrals of homeless individuals in need of services. ER: Palm Beach County has established a Homeless Resource XPLANATION OF EQUEST Center (HRC) within the municipal boundaries of the City of West Palm Beach for referral of the County’s homeless population in need of services. Most referrals will come from the municipal law enforcement agencies and the Sheriff’s Office. Procedures approved by the Palm Beach County Law Enforcement Planning Council (LEPC) have been established to insure that the safe and orderly operation of the center is supported by the local law enforcement agencies who will be referring and transporting individuals in need to the Center. Presently, homeless individuals are referred to privately operated shelters/support groups and some government facilities for mostly short term stays and services. H? The HRC will provide our Police OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Department with a readily available point of service for the homeless individuals that are frequently encountered on the streets of our City. The HRC is a comprehensive service provider designed for long term results. The Police Department will establish a policy and procedure for dealing with homeless individuals consistent with the Interlocal Agreement “Best Practices for Interaction with the Homeless”. Training for officers on these procedures will be included in the established training rotations. 156 of 774 FI: There is no cost in the Interlocal Agreement to the City of Boynton Beach ISCAL MPACT for sharing the costs of maintaining the Homeless Resource Center. The cost of this Interlocal Agreement is only for transportation costs and is based on the number of transports of homeless individuals from the City to the HRC. Currently, a one-way transport from our City to the facility would be approximately $40.00. Transport can be accomplished utilizing the County’s contract transport service or by transporting the individual in a City owned vehicle. We would not expect to utilize the transport service more than 10 times in a year. The “Contractual Services” account 001-2110-521.49-17 would be utilized for this expense. A: Continue to utilize non-governmental facilities for homeless referral. LTERNATIVES 157 of 774 RESOLUTION R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY TO FACILITATE THE USE OF THE HOMELESS RESOURCE CENTER LOCATED IN WEST PALM BEACH FOR REFERRALS OF HOMELESS INDIVIDUALS IN NEED OF SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has established a Homeless resource Center within the municipal boundaries of the City of West Palm Beach for referral of the County’s homeless population in need of services; and WHEREAS , presently, homeless individuals are referred to privately operated shelters/support groups and some government facilities for mostly short term stays; and WHEREAS, the Homeless Resource Center will provide our Police Department with a readily available point of service for the homeless individuals that are frequently encountered on the streets of our City; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve an Interlocal Agreement with Palm Beach County to facilitate the use of the Homeless Resource Center located in the City of West Palm Beach for referrals of homeless individuals in need of services. 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 does hereby approve the Interlocal Agreement with 158 of 774 Palm Beach County to facilitate the use of the Homeless Resource Center located in the City of West Palm Beach for referrals of homeless individuals in need of services, a copy of the Interlocal Agreement is attached hereto as Exhibit “A”. Section 3. The Mayor is authorized to execute the Interlocal Agreement. Section 5. That this Resolution shall become effective immediately upon passage. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Woodrow L. Hay _____________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _____________________________ Commissioner – Steven Holzman _____________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 159 of 774 160 of 774 161 of 774 162 of 774 163 of 774 164 of 774 165 of 774 166 of 774 167 of 774 168 of 774 169 of 774 170 of 774 171 of 774 172 of 774 173 of 774 174 of 774 6. F CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-078 - EQUESTED CTION BY ITY OMMISSION Approve amendment of Resolution 12-063 (copy attached), increasing the City's local match for the Governor's Qualified Target Industry (QTI) Tax Refund Program for Project Cast by $9,600 from $22,400 to $32,000. ER: As addressed at the July 17 Commission meeting, a new XPLANATION OF EQUEST light industry business to be located in Quantum Corporate Park will be bringing new jobs to the City of Boynton Beach. This light industrial business, assigned the code name “Project Cast” by the Business Development Board of Palm Beach County, has been prequalified for the State of Florida’s Qualified Target Industry (QTI) Tax Refund program. This program is designed to encourage the creation of high skill jobs for new or expanding businesses which meet the State’s criteria. Qualified companies participating in this program that produce a minimum of ten (10) new jobs paying 150% of the average annual wage are eligible to receive tax refunds after the jobs are created. Project Cast is projecting job creation for 40 new positions by December 31, 2014 with an average wage of $71,000 which is at least 150% of the average wage in Palm Beach County. As a result, the Business Development Board of Palm Beach County has been notified by Enterprise Florida that due to the higher average wage, Project Cast is now qualified for $4,000 per job created or $160,000 for the 40 new positions. Previously, Project Cast was qualified for $2,800 per job created; $112,000 for the 40 positions. As this is a reimbursement Grant, requiring a 20% local match from the City, our local share increases by $9,600 from $22,400 ($112,000 times 20%) to $32,000 ($160,000 times 20%). 175 of 774 Tax refunds are paid out per the State fiscal year from July 1 to June 30, and may not exceed 25% of the total tax refund award for all jobs created. If in any year the applicant does not achieve the job creation schedule, but achieves at least 80% of the required net new jobs, the company receives a pro-rated refund less a 5% penalty of the scheduled award amount for that year. If job creation falls below 80% of the required jobs or the average wage falls below the wage commitment, the company will not receive a refund and will be terminated from the program. H? A new business coming to the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of Boynton Beach, prequalified by the State of Florida Department of Economic Opportunity, will create jobs for low to moderate income residents of the City of Boynton Beach. This project is eligible as a Special Economic Development Activity under the Community Development Block Grant (CDBG) Program, which does not require that the business be located within the target area. The regulation does however require that low and moderate income persons benefit from the program. In order for the business to receive the tax incentives from the State, the employer must meet the required wage goals, and maintain the jobs over a minimum four year period. FI: An additional $9,600 from the $125,000 CDBG Economic Development ISCAL MPACT Program funding approval for FY 2012/13 will be will be added to the approved 20% match commitment of $22,400, for a total local match of $32,000, or $800 per job for the 40 jobs created if the job and wage commitments are met. A: Do not increase the match, forcing Project Cast to forfeit the Qualified LTERNATIVES Target Industry Tax Refund. 176 of 774 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 12-063 BY INCREASING THE CITY’S LOCAL MATCH FOR THE GOVERNOR’S QUALIFIED TARGET INDUSTRY PROGRAM FOR PROJECT CAST BY $9,600 FROM $22,400 TO $32,000; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , on July 17, 2012 the City Commission recommended the approval of Project Cast as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes; and WHEREAS, the City Commission also determined that the necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program existed for Project Cast in the amount of $22,400; that the amount would be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes; and WHEREAS, the Business Development Board of Palm Beach County has been notified by Enterprise Florida that due to the higher average wage, Project Cast has now qualified for an additional $48,000 for the 40 new positions; and WHEREAS, as this is a reimbursement Grant requiring a 20% local match from the City, the City’s share increases by $9,600 from $22,400 to $32,000; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACHFLORIDATHAT: , 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. 177 of 774 Section 2. The City Commission hereby approves amending Resolution 12-063 by increasing the City’s local match for the Governor’s Qualified Target Industry (QTI) Tax Refund Program for Project Cast by $9,600 from $22,400 to $32,000. Section 3. This Resolution shall become effective immediately upon passage. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 178 of 774 RESOLUTION NO. R12-063 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, RECOMMENDING PROJECT CAST BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the business under consideration is a Specialty Apparel Manufacturing , business, specificallyProject Cast; and WHEREAS, Project Castis anew business which will create 40 full-time jobs; and WHEREAS, Project Cast intends to locate in Quantum Park; and WHEREAS, Project Casthas been identified as a Target Industry Business; and WHEREAS, Project Cast plans to open business in Boynton Beach; and WHEREAS, the City of Boynton Beach hereby acknowledges that local financial support of 20% of the total tax refund of $112,000, is required under the provisions of s.288.106, Florida Statutes, governing the State’s Qualified Target Industry Tax Refund Program; and WHEREAS , the City of Boynton Beach has committed to provide $22,400, which is 20%, of the required QTI local financial support as cash contribution allocated through CDBG funding for Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACHFLORIDATHAT: , 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 recommends Project Cast be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes. 179 of 774 Section 3.The City Commissionhas determined the basis of this project’s average private sector wage commitment calculation shall be 150% of thePalm Beach Countyaverage 1 annual wage. Section 4. The necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Cast in the amount of $22,400; that this amount will be made available in accordance with the guidelines set forth by the Department of Economic Opportunity with the stipulation that these funds are intended to represent the "local financial support" required by s.288.106, Florida Statutes. Section 5. This Resolution shall become effective immediately upon passage. 180 of 774 th PASSED AND ADOPTED this 17 day of July, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 181 of 774 6. G CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-079 - EQUESTED CTION BY ITY OMMISSION Approve "piggy-backing" United States Coast Guard Basic Ordering Agreement (BOA) HSCB84-09-A-100113 contract with Clean Harbors Environmental Services, Inc. for emergency response support. ER: The City would like to utilize this contract agreement XPLANATION OF EQUEST between the United States Coast Guard and Clean Harbors Environmental Services, Inc. for emergency response support in the event of a major wastewater spill, or other environmental clean-up, including those resulting in oil spills. Clean Harbor’s most recent contract agreement and resolution with the City was signed on June 15, 2010 and expired June 30, 2012. The Utility is required to have in place a contract for emergency assistance as part of a consent agreement with the Department of Environmental Protection (DEP). The contract meets or exceeds the City of Boynton Beach procurement requirements. Clean Harbors provided a letter to the Utilities Department confirming that the City may use the prices, terms and conditions established in the contract agreement signed July 1, 2010 by Clean Harbors. Clean Harbors proposes an additional term of one (1) year. Utilities staff recommends that the City of Boynton Beach execute a piggy-back contract with Clean Harbors Environmental Services, Inc., utilizing the U.S. Coast Guard BOA. The Utility Department is the lead department, but the contract is also available to the rest of the City, if required. The contract provides Clean Harbors’ services on an as- needed basis. There is no cost to the City to sign this contract; costs would only be incurred when services are ordered. 182 of 774 The Utilities Department has utilized the contract in the past for wastewater spills; the most recent occurrence was due to damage at a major wastewater pumping station on Boynton Beach Boulevard. H? Major spills can occur due to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES hurricanes, bad storms, equipment failures, or damages to the City’s utility infrastructure. Clean Harbors can assist the City with logistics, manpower, equipment and other resources to help minimize any type of hazardous or non-hazardous spill emergency. Their services would give the City and Utilities assurance that there is additional equipment and personnel available to support a spill or disaster. These services can include working with regulatory agencies that require regulated clean up and removal of wastewater. Clean Harbors has a presence in Miramar and Bartow, Florida, and the capability to provide additional support services responding from anywhere in the country. FI: Depending on the nature of the event or repairs, funding can be made ISCAL MPACT available from various departments’ operating and reserve budgets. Dependent on the nature and magnitude of an event, reimbursement from agencies and other funding sources could be available. A: The Utility would have to find an alternative arrangement with another LTERNATIVES emergency response company as required by the DEP consent order. 183 of 774 RESOLUTION NO. R12-079 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACKING OF A CONTRACT BETWEEN THE UNITED STATES COAST GUARD AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., FOR VARIOUS SERVICES THAT MAY BE NEEDED IN THE EVENT OF A MAJOR WEATHER EVENT, DISASTER OR LARGE UTILITY SYSTEM FAILURE FOR A TERM OF ONE (1) YEAR; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 15, 2010, the City Commission approved a two year Agreement with Clean Harbors Environmental Services, Inc., for emergency response support, based on the piggy-backing of a United States Coast Guard Basic Ordering Agreement HSCB84-09-A-100113; and WHEREAS, the City recommends entering into a one (1) year Agreement with Clean Harbors Environmental Services, Inc., based on the prices, terms and conditions of the previous Agreement, for emergency response in the even of a major wastewater spill, or other environmental clean-up, including that resulting from oil spills; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby approves the piggy-backing of a United States Coast Guard Contract with Clean Harbor Environmental Services, Inc., for a one (1) year period from the date of execution of the Agreement for various services that may be 184 of 774 needed for disaster recovery on an as needed basis. Section 3. The City Commission of the City of Boynton Beach hereby authorizes the Interim City Manager to execute an Agreement between the City of Boynton Beach and Clean Harbor Environmental Services, Inc., a copy of which is attached hereto as Exhibit “A”. Section 4. That this Resolution shall become effective immediately. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. 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H CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-080 - EQUESTED CTION BY ITY OMMISSION Approve the Confidentiality and Hold Harmless Agreement with Project Cast ER: Pursuant to Section 288.075, Florida Statutes, certain XPLANATION OF EQUEST records of a private corporation, partnership or person held by an Economic Development Agency are considered confidential and exempt from section 119.01(1) Florida Statues, and Article I, Section 24 (a), Florida Constitution. Resolution 12-045 designated Nancy Byrne, Director of Development, as the City’s Economic Development Coordinator. “Project Cast”, a Florida Corporation working with the Business Development Board and the City, has requested that the City hold documents of a sensitive nature to the business’s successful launch, as confidential documents under Section 288.075, Florida Statute. The attached Confidentiality and Hold Harmless Agreement between the City of Boynton Beach and “Project Cast” is awaiting final execution by the City Clerk, pending Commission approval of the agreement. H? This confidentiality agreement will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES allow staff to continue to work with the prospective business to open a new corporate headquarters here in Boynton Beach. “Project Cast” will be bringing up to 40 jobs over the next four years, paying over 150% of Palm Beach County’s average wage. FI: None ISCAL MPACT A: Do not accept the confidentiality agreement. LTERNATIVES 341 of 774 RESOLUTION NO. R12-080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONFIDENTIALITY AND HOLD HARMLESS AGREEMENT WITH “PROJECT CAST”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 288.075, Florida Statutes, certain records of a private corporation, partnership or person held by an Economic Development Agency are considered confidential and exempt from Section 119.01(1), Florida Statutes, and Article I, Section 24 (a), Florida Constitution; and WHEREAS, “Project Cast”, working with the Business Development Board and the City, has requested that the City hold documents of a sensitive nature to the business’s successful launch, as confidential documents under Section 288.075, Florida Statute; and WHEREAS, staff is requesting authorization for the Mayor and City Clerk to execute a Confidentiality and Hold Harmless Agreement with “Project Cast”; 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 Mayor and City Clerk to execute a Confidentiality and Hold Harmless Agreement with “Project Cast”. 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 the Mayor and City Clerk to execute a Confidentiality Agreement with “Project Cast”, a copy of which Confidentiality and Hold Harmless Agreement is attached hereto as Exhibit “A”. 342 of 774 Section 3. This Resolution shall become effective immediately upon passage. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 343 of 774 344 of 774 345 of 774 346 of 774 347 of 774 348 of 774 349 of 774 6. I CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on August 7, 2012 The City Commission met on August 7, 2012 and minutes were prepared from the notes taken at the meetings. 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 OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 350 of 774 351 of 774 352 of 774 353 of 774 354 of 774 355 of 774 356 of 774 357 of 774 358 of 774 359 of 774 360 of 774 361 of 774 362 of 774 363 of 774 364 of 774 365 of 774 366 of 774 6. J CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 David Katz, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: David Katz has submitted his resignation as a regular XPLANATION OF EQUEST member of the Financial Advisory Committee. H? The Financial Advisory Committee OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. The regular membership for this committee is seven (7) members and two (2) alternates. At this time there are only four (4) members and no alternates. With the resignation of Mr. Katz, there will be only 3 members left on the committee which does not constitute a quorum. FI: None ISCAL MPACT A: None LTERNATIVES 367 of 774 368 of 774 6. K CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 Evelyn DuPlecy, a regular EQUESTED CTION BY ITY OMMISSION member of the Community Relations Board ER: Evelyn DuPlecy has submitted her resignation as a regular XPLANATION OF EQUEST member of the Community Relations Board. H? The Community Relations Board OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 369 of 774 370 of 774 6. L CONSENT AGENDA August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 Armisha Roberts, a EQUESTED CTION BY ITY OMMISSION student member of the Education and Youth Advisory Board ER: Armisha Robert has submitted her resignation as a student XPLANATION OF EQUEST member of the Education and Youth Advisory Board to pursue higher education. H? The Education and Youth Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Board will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 371 of 774 372 of 774 7. A BIDS AND PURCHASES OVER $100,000 August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-081 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of a Contract for a bid award to The BG Group LLC of Boca Raton, FL; Bid No. 051-2510-12/JMA, in the amount of $49,873. In addition, approve a 10% contingency of $4,987 for a total project amount of $54,860 for the Demolition of the Boardwalk and Landings for the Stormwater Regional Facility Basin #1 ER: The Downtown Regional Stormwater Basin Facility was built XPLANATION OF EQUEST in 2000-2001. As part of the facility, a boardwalk, landings and gazebo structure were designed to accommodate pedestrian traffic in the leisure access to the Mangrove Walk area of the Community Redevelopment Agency. Light fixtures are located along each boardwalk for night access. The boardwalks and landings are deteriorating and in need of extensive repair. It was decided to bid this project as three individual bids: 1) Demolition of Boardwalk and Landings 2) Removal and Installation of Electrical Components 3) Refurbishment of the Boardwalk and Landings In the demolition bid, the City requested pricing for the demolition of railings and decking for the boardwalks and landings. Procurement received and opened six (6) bids on June 21, 2012. All bidders attended a Mandatory Pre Bid Meeting and Site Inspection on June 6, 2012. After staff reviewed the bid proposals, The BG Group LLC was determined to be the lowest, most responsive, responsible bidder. 373 of 774 The BG Group bid proposal is in the amount of $49,873. Staff is requesting a 10% contingency in the amount $4,987 in the event of unforeseen issues during the demolition of the boardwalk and landings. H? The “Refurbishment Project for the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boardwalk and Landings” will restore the facility to a safe, interactive facility for the public. FI: Funding for this total Capital Improvement Project is available in ISCAL MPACT account 304-4227-572-63-05, Project Number GG1002. Contract Amount Contingency Total Demolition (This Award) $ 49,873.00 $ 4,987.00 $ 54,860.00 Electrical $ 11,600.00 $ 1,160.00 $ 12,760.00 Refurbishment $193,185.00 $19,318.50 $212,503.50 TOTAL $254,658.00 $25,465.50 $280,123.50 A: Remove the boardwalk and landings as hazardous to the public, and LTERNATIVES not refurbish the boardwalk and landings. 374 of 774 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD AND AUTHORIZING EXECUTION BY THE INTERIM CITY MANAGER OF A CONTRACT FOR BID #051-2510-12/JMA FOR DEMOLITION OF THE BOARDWALK AND LANDINGS FOR THE STORMWATER REGIONAL FACILITY BASIN #1 TO THE BG GROUP, LLC., OF BOCA RATON, FL IN THE AMOUNT OF $49,873 PLUS A 10% CONTINGENCY OF $4,987 FOR A TOTAL PROJECT AMOUNT OF $54,860; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 21, 2012, Procurement received and opened six (6) bids in response to Invitation to Bid #051-2510-12/JMA “Demolition of the Boardwalk and Landings for the Regional Facility Basin #1”; and WHEREAS, staff reviewed the bid proposals and it was determined that The BG Group, LLC., was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with The BG Group, LLC., for Bid #051-2510-12/JMA “Demolition of the Boardwalk and Landings for the Regional Facility Basin #1” in the amount of $49,873 plus 10% contingency of $4,987 for a total project amount of $54,860. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award and authorizes the Interim City Manager to execute a Contract, a copy of which is attached hereto as Exhibit “A”, with The BG Group, LLC., in response to Bid #051-2510-12/JMA “Demolition of the Boardwalk and Landings for the Regional Facility Basin #1” in the amount of $49,873 plus 10% contingency of $4,987 for a total project 375 of 774 amount of $54,860. Section 3. That this Resolution shall become effective immediately. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 376 of 774 377 of 774 378 of 774 379 of 774 380 of 774 381 of 774 382 of 774 383 of 774 384 of 774 385 of 774 386 of 774 387 of 774 388 of 774 389 of 774 390 of 774 391 of 774 392 of 774 393 of 774 394 of 774 395 of 774 396 of 774 397 of 774 398 of 774 399 of 774 400 of 774 401 of 774 402 of 774 403 of 774 404 of 774 405 of 774 406 of 774 407 of 774 408 of 774 409 of 774 410 of 774 411 of 774 412 of 774 413 of 774 414 of 774 415 of 774 416 of 774 417 of 774 418 of 774 419 of 774 420 of 774 421 of 774 422 of 774 423 of 774 424 of 774 425 of 774 426 of 774 427 of 774 428 of 774 429 of 774 430 of 774 431 of 774 432 of 774 433 of 774 434 of 774 435 of 774 436 of 774 437 of 774 438 of 774 439 of 774 440 of 774 441 of 774 442 of 774 443 of 774 444 of 774 445 of 774 446 of 774 447 of 774 448 of 774 7. B BIDS AND PURCHASES OVER $100,000 August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-082 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of a Contract for a bid award with T.J. Bowles Electric Co., Inc. of Boynton Beach, Florida; Bid No. 052-2510-12/JMA, in the amount of $11,600 for the "Removal and Installation for the Lighting and Electric for the Boardwalk and Landings Project at the Regional Facility Basin #1". In addition, approve a 10% contingency of $1,160 for a total approved amount of $12,760. ER: The Downtown Regional Stormwater Basin Facility was built XPLANATION OF EQUEST in 2000-2001. As part of the facility, a boardwalk, landings and gazebo structure were designed to accommodate pedestrian traffic in the leisure access to the Mangrove Walk area of the Community Redevelopment Agency. Light fixtures are located along each boardwalk for night access. The boardwalks and landings are deteriorating and in need of extensive repair. It was decided to bid this project as three individual bids: 1) Demolition of Boardwalk and Landings; 2) Removal and Installation of Electrical Components; 3) Refurbishment of the Boardwalk and Landings. In the bid for “The Removal and Installation of the Lighting and Electric for the Boardwalk and Landings for the Regional Facility Basin #1”, prices were requested to remove and re-install all electrical components on the boardwalk and landings. All light poles are to be refurbished by City of Boynton Beach staff before re-installation. All bidders attended a Mandatory Pre-Bid conference and Site Visit on June 12, 2012. 449 of 774 After staff reviewed the bid proposals, T.J. Bowles Electric Co., Inc. was determined to be the lowest, most responsive, responsible bidder. T.J. Bowles Electric proposed $4,800 for the removal of all lighting and electrical components, and $6,800 for the installation of all lighting and electrical components for a total of $11, 600. Staff is requesting a 10% contingency in the amount of $1,160 in the event of unforeseen issues during the removal and installation of electrical components for the boardwalk and landings. H? The “Refurbishment Project for the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boardwalk and Landings” will restore the facility to a safe, interactive facility for the public. FI: Funding for this total Capital Improvement Project is available in ISCAL MPACT account 304-4227-572-63-05, Project Number GG1002. Contract Amount Contingency Total Demolition $ 49,873.00 $ 4,987.00 $ 54,860.00 Electrical (This Award) $ 11,600.00 $ 1,160.00 $ 12,760.00 Refurbishment $193,185.00 $19,318.50 $212,503.50 TOTAL $254,658.00 $25,465.50 $280,123.50 A: Remove the boardwalk and landings as hazardous to the public and not LTERNATIVES refurbish and restore the boardwalk and landings for the Regional Facility Basin #1. 450 of 774 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD AND AUTHORIZING EXECUTION BY THE INTERIM CITY MANAGER OF A CONTRACT FOR BID #052-2510-12/JMA FOR REMOVAL AND INSTALLATION OF LIGHTING AND ELECTRIC FOR THE BOARDWALK AND LANDINGS FOR THE STORMWATER REGIONAL FACILITY BASIN #1 TO T.J. BOWLES ELECTRIC CO., INC., OF BOYNTON BEACH, FL IN THE AMOUNT OF $11,600 PLUS A 10% CONTINGENCY OF $1,160 FOR A TOTAL PROJECT AMOUNT OF $12,760; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 28, 2012, Procurement received and opened three (3) bids in response to Invitation to Bid #052-2510-12/JMA “Removal and Installation of the Lighting and Electric for the Boardwalk and Landings for the Regional Facility Basin #1”; and WHEREAS, staff reviewed the bid proposals and it was determined that T.J. Bowles Electric Co. Inc., was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with T.J. Bowles Electric Co., Inc., for Bid #052-2510- 12/JMA “Removal and Installation of the Lighting and Electric for the Boardwalk and Landings for the Regional Facility Basin #1” in the amount of $11,600 plus 10% contingency of $1,160 for a total project amount of $12,760. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award and authorizes the Interim City Manager to execute a Contract, a copy of which is attached hereto as Exhibit “A”, with T.J. Bowles Electric Co., Inc., in response to 451 of 774 Bid #052-2510-12/JMA “Removal and Installation of the Lighting and Electric for the Boardwalk and Landings for the Regional Facility Basin #1” in the amount of $11,600 plus 10% contingency of $1,160 for a total project amount of $12,760. Section 3. That this Resolution shall become effective immediately. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 452 of 774 453 of 774 454 of 774 455 of 774 456 of 774 457 of 774 458 of 774 459 of 774 460 of 774 461 of 774 462 of 774 463 of 774 464 of 774 465 of 774 466 of 774 467 of 774 468 of 774 469 of 774 470 of 774 471 of 774 472 of 774 473 of 774 474 of 774 475 of 774 476 of 774 477 of 774 478 of 774 479 of 774 480 of 774 481 of 774 482 of 774 483 of 774 484 of 774 485 of 774 7. C BIDS AND PURCHASES OVER $100,000 August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-083 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of a Contract for a bid award with Bayshore Construction, Inc. of Sarasota, Florida; Bid No. 055-2510-12/JMA, in the amount of $193,185. In addition, approve a 10% contingency of $19,318.50 for a total approved project amount of $212,503.50 for the Refurbishment of the Boardwalk and Landings for the Regional Basin Facility #1. . ER: The Downtown Regional Stormwater Basin Facility was built XPLANATION OF EQUEST in 2000-2001. As part of the facility, a boardwalk, landings and gazebo structure were designed to accommodate pedestrian traffic in the leisure access to the Mangrove Walk area of the Community Redevelopment Agency. Light fixtures are located along each boardwalk for night access. The boardwalks and landings are deteriorating and in need of extensive repair. It was decided to bid this project as three individual bids:. 1) Demolition of Boardwalk and Landings 2) Removal and Installation of Electrical Components 3) Refurbishment of the Boardwalk and Landings This Refurbishment portion of the bid calls for the selected contractor to provide and install new aluminum railings and new 2’ x 6” IPE wood decking for Boardwalks ‘A’ and ‘D’ and Landings 1, 2, and 3. All bidders attended a Mandatory Pre-Bid Conference and Site Visit on June 18, 2012. Seven contractors submitted bid proposals. After staff reviewed the bid proposals, Bayshore Construction, Inc. was determined to be the lowest, most responsive, responsible bidder. 486 of 774 Bayshore Construction proposed $193,185 for the refurbishment of the boardwalk and landings. Staff is requesting a 10% contingency in the amount of $19,318.50 in the event of unforeseen issues during the refurbishment of the boardwalk and landings. H? The “Refurbishment Project for the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boardwalk and Landings” will restore the facility to a safe, interactive facility for the public. FI: Funding for this total Capital Improvement Project is available in ISCAL MPACT account 304-4227-572-63-05, Project Number GG1002. Contract Amount Contingency Total Demolition $ 49,873.00 $ 4,987.00 $ 54,860.00 Electrical $ 11,600.00 $ 1,160.00 $ 12,760.00 Refurbishment (This Award) $193,185.00 $19,318.50 $212,503.50 TOTAL $254,658.00 $25,465.50 $280,123.50 A: Remove the boardwalk and landings as hazardous to the public, and LTERNATIVES not refurbish the boardwalk and landings. 487 of 774 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD AND AUTHORIZING EXECUTION BY THE INTERIM CITY MANAGER OF A CONTRACT FOR BID #055-2510-12/JMA FOR REFURBISHMENT OF THE BOARDWALK AND LANDINGS FOR THE STORMWATER REGIONAL FACILITY BASIN #1 TO BAYSHORE CONSTRUCTION, INC., OF SARASOTA, FL IN THE AMOUNT OF $193,185 PLUS A 10% CONTINGENCY OF $19,318.50 FOR A TOTAL PROJECT AMOUNT OF $212,503.50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 10, 2012, Procurement received and opened seven (7) bids in response to Invitation to Bid #055-2510-12/JMA “Refurbishment of the Boardwalk and Landings for the Regional Facility Basin #1”; and WHEREAS, staff reviewed the bid proposals and it was determined that Bayshore Construction Inc., was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with Bayshore Construction, Inc., for Bid #055-2510- 12/JMA “Refurbishment of the Boardwalk and Landings for the Regional Facility Basin #1” in the amount of $193,185 plus 10% contingency of $19,318.50 for a total project amount of $212,503.50. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award and authorizes the Interim City Manager to execute a Contract, a copy of which is attached hereto as Exhibit “A”, with Bayshore Construction, Inc., in response to Bid 488 of 774 #055-2510-12/JMA “Refurbishment of the Boardwalk and Landings for the Regional Facility Basin #1” in the amount of $193,185 plus 10% contingency of $19,185 for a total project amount of $212,503.50. Section 3. That this Resolution shall become effective immediately. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 489 of 774 490 of 774 491 of 774 492 of 774 493 of 774 494 of 774 495 of 774 496 of 774 497 of 774 498 of 774 499 of 774 500 of 774 501 of 774 502 of 774 503 of 774 504 of 774 505 of 774 506 of 774 507 of 774 508 of 774 509 of 774 510 of 774 511 of 774 512 of 774 513 of 774 514 of 774 515 of 774 516 of 774 517 of 774 518 of 774 519 of 774 520 of 774 521 of 774 522 of 774 523 of 774 524 of 774 525 of 774 526 of 774 527 of 774 528 of 774 529 of 774 530 of 774 531 of 774 532 of 774 533 of 774 7. D BIDS AND PURCHASES OVER $100,000 August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: (1) Approve the piggyback of Florida State Term EQUESTED CTION BY ITY OMMISSION Contract (STC) 250-000-09-1 for "IT Hardware-Network Infrastructure Equipment and Services" awarded to Avaya and (2) Accept the proposal from Ronco Communications & Electronics, Inc., an authorized reseller for Avaya equipment and installation services in the amount of $199,474.98. ER: The I.T.S. Department is requesting piggyback use of the XPLANATION OF EQUEST State of Florida Contract number STC 250-000-09-1 for the purchase of Avaya network switches and routers to replace the City’s aging infrastructure. The State of Florida complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements. Ronco Communications & Electronics, Inc., the authorized reseller has provided pricing that comes in less than the State of Florida discounted pricing. The City’s network (voice & data) infrastructure was purchased and implemented approximately 10+ years ago. The equipment is past its ‘end-of-life’ and is no longer supported by its manufacturers. Component failures have been experienced in recent months which have led to outages. This caused downtime to our customers while waiting for replacement equipment to be installed. Our goal is to replace the aging network infrastructure with new technology. This will improve the delivery of our information technology services, provide a stable computing experience to our customers, and support the vision and strategy of the City. This project entails replacing most of our network equipment (switches and routers) in every data closet in City Hall, Utilities and our remote facilities. 534 of 774 This project will have an impact on every aspect of our network infrastructure, as it:  Replaces old, slow equipment with new, fast, stable technology in core data centers, edge wiring closets and remote locations,  Provides faster up-to-date technology to meet our customers’ growing needs for improved bandwidth to support modern application software,  Improves network performance by segmenting larger networks into smaller, more manageable units, and  Introduces newer equipment which lowers our annual maintenance costs and is supportable by the vendor. H? This replacement of aging OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES equipment insures that our computing environment will be robust enough to support the voice and data needs of our internal customers (staff) as well as those in the community (our citizens). FI: This is included as part of the Capital Improvement Plan Budget as ISCAL MPACT Project GG1107 “Citywide Replacement of Aging Network Infrastructure” under account number 301-4101-580-64.15. A: There are three (3) alternatives, none of which are recommended. LTERNATIVES 1. Replace the equipment in several phases over a multi-year timeframe. This could increase the project’s overall cost and delay the deployment of new equipment, allowing the continuation of network degradation/performance issues until most of the older equipment is phased out. 2. Advertise for sealed bids. 3. Continue to utilize the existing network infrastructure and probably continue to experience system degradation issues, and have a negative impact to the delivery of services to customers. 535 of 774 Company:CITY OF BOYNTON BEACH, FLORIDAQuote Date:7/10/2012 Contact:John McNallyQuote Number:TD322706 Address:100 E.BOYNTON BEACH BLVDAccount Manager:MCGAUGH, GRANT City, State Zip:BOYNTON BEACH, FL 33425-0310 Phone:Phone:3055621825 Fax:Fax: Email:Email:GMCGAUGH@RONCO.NET QuantityPart NumberDescriptionUnit PriceExt. Price Quote 37AA1419048-E61 PRT 1000BASE SX SFP (LC) DDI$213.30$7,892.10 32AA1419049-E61 PRT 1000BASE-LX SFP (LC) DDI$532.81$17,049.92 1AL1001E11-E5ERS5698TFD PWR 1000W AC NA PC - LTW$5,996.37$5,996.37 1AL1001E13-E5ERS5650TD PWR 600W AC NA PC - LTW$3,538.03$3,538.03 2AL1001E15-E5ERS5632FD 300W AC NA PC - LTW$7,864.70$15,729.40 1AL1905E01-E5ERS5600 1000W AC PS NA PC$524.03$524.03 1AL1905E02-E5ERS5600 600W AC PS NA PC$313.37$313.37 2AL1905E03-E55600 300W AC P/S NA PC$260.70$521.40 1AL1905E08-E55600/8100 300W AC P/S NA PC$260.70$260.70 2AL2011013-E6ERS CONSOLE CABLE$14.04$28.08 3AL2011022-E6AVAYA RJ45 CONSOLE CABLE$10.53$31.59 2AL2018025-E6ERS5600 3FT STACK CBL$207.16$414.32 23AL3500E15-E63524GT-PWR+ NA PC$1,101.70$25,339.10 16AL4800E88-E64850GTS-PWR+ NA PC$3,144.70$50,315.20 5WL81AP200E6INDOOR WAP 8120-A/B/G/N US,VI,PR,CA$403.78$2,018.90 1WL81MG000-1.1WLAN 8100 MGMT S/W BASE (64AP)$1,841.58$1,841.58 1WL81WCE16E5WLAN CNTLR - 16 AP LIC US PWR CORD$2,578.03$2,578.03 1GE6300DT0ERS5632FD TECH SUPT SVCS EXP$746.61$746.61 1GE6300DS8ERS5698TFD TECH SUPT SVCS EXP$534.99$534.99 9GE6300EKMEXPRESS TECH SUPPORT - SLN EKM$146.36$1,317.24 21GE6300EM7EXPRESS TECH SUPPORT - SLN EM7$55.38$1,162.98 1GE6300DT0ERS5632FD TECH SUPT SVCS EXP$746.61$746.61 1GE6300DS9ERS5650TD TECH SUPT SVCS EXP$382.70$382.70 5GE6300EKMEXPRESS TECH SUPPORT - SLN EKM$146.36$731.80 1GU6300EA2WMS 8100 SUPT 64 SRS PLUS SVC EXP$840.56$840.56 4GE6300EA1WAP 8120 TECH SUPT EXP$63.29$253.16 1GF6300DZ9WLANCTLR 16AP LIC MGD SPRS NBD EXP$504.33$504.33 1266333NETWORKING DEPLOYMENT SERVICES $35,640.00$35,640.00 FOR ETHERNET ROUTING SWITCH (ERS) 1266338NETWORKING DEPLOYMENT SERVICES $4,772.50$4,772.50 FOR WIRELESS LAN (WLAN) 1185345Project Management $8,887.50$8,887.50 1266331Knowledge Transfer and Training$1,640.00$1,640.00 1176428Travel and Living$6,921.88$6,921.88 Total Grand Total: $199,474.98 Referenence State Contract STC 250- 000-09-1 Notes 1) Pricing does not include sales tax. 2) Pricing assumes labor done during 8:00 am to 5:00 pm, Monday through Friday. 3) Pricing assumes removal of existing equipment and reuse of cabling. 4) Standard Terms: 70% on order, 20% on delivery of equipment, 10% on acceptance. 5) Unless Otherwise Stated, Shipping Charges are NOT INCLUDED in this Quote. 536 of 774 6) PROPRIETARY Not for Disclosure without expressed written consent of Ronco Communications 537 of 774 538 of 774 539 of 774 540 of 774 541 of 774 542 of 774 543 of 774 544 of 774 545 of 774 546 of 774 547 of 774 548 of 774 549 of 774 550 of 774 551 of 774 552 of 774 553 of 774 554 of 774 555 of 774 556 of 774 557 of 774 558 of 774 559 of 774 560 of 774 7. E BIDS AND PURCHASES OVER $100,000 August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-084 - EQUESTED CTION BY ITY OMMISSION Approve the award and execution of a Contract to Mathews Consulting, Inc. of West Palm Beach, FL as the highest ranked firm identified by the Evaluation Committee from the responses received to the Request for Proposals (RFP) #056-2821-12/DJL "CONSTRUCTION MANAGEMENT SERVICES", with a not-to-exceed fee of $732,809. ER: The City issued the above Request for Proposals (RFP) for XPLANATION OF EQUEST “Construction Management Services” to provide bidding assistance and construction management services for three important Utilities Department construction projects: 1. Central Seacrest Corridor Utility Improvements, 2. Lake Boynton Estates Utility Improvements, and 3. Regional Lift Station at Pence Park. The Central Seacrest Corridor and Lake Boynton Estates projects include water main and stormwater improvements. The Regional Lift Station at Pence Park will be a new wastewater pumping station which will intercept gravity flow in the eastern part of the City and pump it to the South Central Regional Wastewater Treatment Plant. The total estimated construction duration for the three projects is thirty-six (36) months. The City plans to bid these projects simultaneously, and Mathews Consulting, Inc., will be responsible for concurrently managing the construction of the three projects. The RFP was advertised and submittals were due on July 11, 2012 at 2:30 p.m. Procurement received and opened eleven (11) proposals. The proposals were reviewed by Michael Low, Deputy Utilities Director; Christopher Roschek, Engineering Division 561 of 774 Manager; and Andrew Mack, Building Official/City Engineer. Each reviewer completed a weighting score sheet as provided in the RFP document. A publicly noticed meeting was held on Monday, July 30, 2012, for each reviewer to read their scores from their weighting score sheet. The only member of the public in attendance was Mr. Michael Kennedy from the Office of the Inspector General, Palm Beach County. The Finance Department verified the scores and prepared a summary tabulation of the overall scores to arrive at the following ranking: 1) Mathews Consulting, Inc. 2) AECOM Technical Services, Inc. 3) Jacobs Based on the above ranking, Staff is requesting authorization to award a contract to the highest ranked firm, Mathews Consulting. H? The selection of Mathews OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Consulting will allow the City to proceed with the bidding and construction of three important utility infrastructure projects, which will improve water, wastewater, and stormwater service to our residents. FI: Mathews Consulting submitted the lowest, complete price proposal of ISCAL MPACT the eleven (11) firms at $732,809. In addition, as part of their price proposal, Mathews Consulting suggested some potential cost saving measures, such as reducing the hours for their resident project representative and/or optimizing the construction timeframe for the Central Seacrest Corridor project, which may result in significant savings to the City. Staff will negotiate the final price with Mathews Consulting, and their final fee will not exceed $732,809. Utilities Department Revenue Bond and Capital Facilities Charges funds will be utilized for this contract. A: Not approve the ranking of the proposals and direct Staff to re-advertise LTERNATIVES the RFP, thereby delaying the construction of the identified projects. 562 of 774 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE AWARD AND EXECUTION BY THE INTERIM CITY MANAGER AND CITY CLERK OF A CONTRACT TO MATHEWS CONSULTING, INC., OF WEST PALM BEACH, FL IN RESPONSE TO RFP #056-2821-12/DJL “CONSTRUCTION MANAGEMENT SERVICES”, IN AN AMOUNT NOT-TO-EXCEED $732,809; AND PROVIDING AN . EFFECTIVE DATE WHEREAS, on July 11, 2012, Procurement Services received and opened eleven (11) proposals in response to #056-2821-12/DJL for “Construction Management Services”; and WHEREAS, the evaluation committee, consisting of Michael Low, Christopher Roschek and Andrew Mack, reviewed and evaluated the bid proposals; and WHEREAS, the Finance Department verified the scores and prepared a summary tabulation of the overall scores and, as a result, staff is recommending the award of the contract to Mathews Consulting, Inc., of West Palm Beach, Florida who was the most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with Mathews Consulting, Inc., for RFP #056-2821- 12/DJL “Construction Management Services” in an amount not to exceed $732,809. 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 of the City of Boynton Beach, Florida does hereby award and authorize execution by the Interim City Manager and City Clerk of a contract with Mathews Consulting, Inc., for RFP #056-2821-12/DJL “Construction Management Services” in 563 of 774 an amount not to exceed $732,809, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 564 of 774 565 of 774 566 of 774 567 of 774 568 of 774 569 of 774 570 of 774 571 of 774 572 of 774 573 of 774 574 of 774 575 of 774 576 of 774 577 of 774 578 of 774 579 of 774 580 of 774 581 of 774 582 of 774 583 of 774 584 of 774 585 of 774 586 of 774 587 of 774 588 of 774 589 of 774 590 of 774 591 of 774 592 of 774 593 of 774 594 of 774 595 of 774 596 of 774 597 of 774 598 of 774 599 of 774 600 of 774 601 of 774 602 of 774 603 of 774 604 of 774 605 of 774 606 of 774 607 of 774 608 of 774 609 of 774 610 of 774 611 of 774 612 of 774 613 of 774 614 of 774 615 of 774 616 of 774 617 of 774 618 of 774 619 of 774 620 of 774 621 of 774 622 of 774 623 of 774 624 of 774 625 of 774 626 of 774 627 of 774 628 of 774 629 of 774 630 of 774 631 of 774 632 of 774 633 of 774 634 of 774 635 of 774 636 of 774 637 of 774 638 of 774 639 of 774 640 of 774 641 of 774 642 of 774 643 of 774 644 of 774 645 of 774 646 of 774 647 of 774 648 of 774 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 or modify the Code Compliance Board's EQUESTED CTION BY ITY OMMISSION Lien Modification Order (City's Exhibit "A") in case #10-2994 filed April 16, 2012 to reduce the fines in this case from $44,284.12 to $5,634.12. ER: Pursuant to Chapter 2, Article V of the City of Boynton XPLANATION OF EQUEST Beach Code of Ordinances, the applicant filed an appeal to the Code Board’s Lien Modification Order. The basis for their appeal is further described in the applicant’s correspondence with our office and included in the back up as Exhibit “B”. The applicant represents Lendalk Properties LLC who purchased the property from US National Association Tr. on 8/16/11. The property subject to our lien involves a vacant home that was in foreclosure. The lien was filed against US National Association Tr. In the appeal the applicant feels the reduced amount is high since other municipalities reduce liens to $1,500.00 to $2,500.00. The violations included property registration, mow and trim overgrowth and removal of trash and debris. The Code Board issued a Board Order requiring compliance by 12/2/10 or a fine of $150.00 per day plus administrative fees would begin to accrue. The applicant contacted the Code Compliance office on 9/19/11 requesting an inspection. Compliance was confirmed on 9/20/11 for a total of 291 day of non-compliance. Taking into consideration the date the applicant purchased the property (8/16/11) and was responsible for the maintenance of that property to the date of compliance (9/20/11), there was a total of 34 days of non- compliance under the new owner. The total amount of that fine would be $5,734.12. H? The property remains in OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES compliance and therefore has no impact on our programs or services. 649 of 774 FI: The primary concern is compliance and the recovery of the certified ISCAL MPACT administrative costs of $634.12 will be supplemental. Those administrative costs do not include the cost of 4 inspections that were performed during the lien reduction process. A: None LTERNATIVES 650 of 774 651 of 774 652 of 774 653 of 774 654 of 774 655 of 774 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 or modify the Code Compliance Board's EQUESTED CTION BY ITY OMMISSION Lien Modification Order (City's Exhibit "A") in case #11-168 filed May 21, 2012 to reduce the fines in this case from $35,934.12 to $6,000.00 ER: Approve or modify the Code Compliance Board's Lien XPLANATION OF EQUEST Modification Order (City's Exhibit "A") in case #11-168 filed May 21, 2012 to reduce the fines in this case from $35,934.12 to $6,000.00. The applicant represents Harbor Way 115 Trust in the property subject to our lien involving an occupied home being rented without a Business Tax Receipt. The application for a Business Tax Receipt was made on 3/14/11 but the applicant did not call to set up the required inspection as stated on the application and no Business Tax Receipt was issued. The property remains occupied by the tenant. In March of 2012 the inspection was performed and a Business Tax Receipt was issued. There were 353 days of non-compliance. The applicant also states in his appeal that all correspondance was sent to an incorrect address. All notices were sent to the address listed in the Tax Collectors records (251 th NE 17 St., Delray Beach, FL 33444) as is required by Florida Statute 162. A Notice of Hearing was sent on 3/28/11 via certified mail. The signed green card was retuned on 4/4/11. H? At this time the applicant continues OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to rent the property and has not paid for the 2012 Business Tax Receipt. If this is not done in a timely fashion, Code Compliance will initiate a case against the property owner. FI: The recovery of our costs are $634.12. Any monies over and above ISCAL MPACT that amount will be supplemental. 656 of 774 A: None LTERNATIVES 657 of 774 658 of 774 659 of 774 660 of 774 661 of 774 662 of 774 663 of 774 664 of 774 665 of 774 666 of 774 9. A PUBLIC HEARING August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 conditional use request to allow a cigar EQUESTED CTION BY ITY OMMISSION bar in a Mixed Use (MU) Pod of a Planned Industrial Development (PID). Applicant: Adam Koetje ER: XPLANATION OF EQUEST Mr. Adam Koetje is requesting conditional use approval for a cigar bar in a 3,700 square foot building in the mixed-use development known as Quantum Park & Village South. The subject site fronts on the south side of Gateway Boulevard, approximately 650 feet west of High Ridge Road in Quantum Park. A cigar bar is considered a “bar/nightclub,” which requires Conditional Use approval when located in the MU Pod of a PID. The subject request (for conditional use) is not in connection with a site plan modification (major or minor), and as a result, the application was only reviewed based on its conformance with the standards for evaluating conditional uses. th The Planning & Development Board reviewed this request on July 24, and forwards it with a recommendation for approval, subject to all staff comments, and an additional condition that would limit the hours of operation to those proposed for the business as documented in the staff report (see conditions of approval). H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The fiscal impact on the City is negligible, and is limited to an annual business FI: ISCAL MPACT tax receipt. A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES 667 of 774 G:\Major Development Applications\Staff Reports\Agenda Cover Sheet 082112 - Public hearing.doc 668 of 774 669 of 774 670 of 774 671 of 774 672 of 774 673 of 774 674 of 774 675 of 774 676 of 774 EXHIBIT “C” CONDITIONS OF APPROVAL Conditional Use Project Name: Smoke Inn Casa de Montecristo File number: COUS 12-004 Reference: N/A INCLUDE REJECT DEPARTMENTS ENGINEERING DIVISION Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Staff recommends that a period of 18 months be allowed for the applicant to successfully obtain a Business Tax Receipt for the X establishment. 2. A live entertainment permit shall be required in lieu of a sound X analysis/study. 677 of 774 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. The hours of operation shall be restricted to that which is indicated in the staff report (Sunday through Wednesday – 10am to 9pm; Thursday X through Saturday – 10 am to midnight). CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\Quantum Town Center South\Quantum Park & Village South (MSPM 11-003)\Smoke Inn (COUS 12-004)\COA wtih P&D.doc 678 of 774 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Smoke Inn Casa de Montecristo (COUS 12-004) APPLICANT’S AGENT: Adam Koetje APPLICANT’S ADDRESS: 801 Village Boulevard, Suite 305 West Palm Beach, FL 33408 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21, 2012 TYPE OF RELIEF SOUGHT: Request Conditional Use approval to allow a cigar bar on a parcel zoned PID Planned Industrial Development. LOCATION OF PROPERTY: 1030 Gateway Boulevard, approximately 650 west of High Ridge Road DRAWING(S): SEE EXHIBIT “B” 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 “C” 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 ____________________________________________________________ 679 of 774 DATED:__________________________ ______________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\Quantum Town Center South\Quantum Park & Village South (MSPM 11-003)\Smoke Inn (COUS 12-004)\DO.doc 680 of 774 12. A NEW BUSINESS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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. R12-085 - EQUESTED CTION BY ITY OMMISSION Consider new lease for reduction of current monthly rent amount for Glaston Sims d/b/a Alex Sims Barber Shop (Unit A) in City owned property located at 909 N. Seacrest Blvd., Boynton Beach, FL ER: In July 2010, an Assignment of Lease Agreement was XPLANATION OF EQUEST entered into between the Boynton Beach Community Redevelopment Agency (CRA) and the City of Boynton Beach where the CRA assigned its interest as Landlord for 909 N. Seacrest Blvd. to the City as part of a Land Swap transaction. The rental amounts are approximately $1.00 per square foot and were set by the CRA. The City did not change the rental amounts after the assignment of lease. The monthly rentals to include sales tax paid to the City for each of the two (2) tenants occupying the property parcel are:  Unit A - $710 for Alex Sims Barber Shop  Unit B - $565 for Rubie’s Salon. Mr. Sims has contacted Mayor Hay via a letter dated June 19, 2012 (copy attached) asking for rental relief for his Unit A due to economic hardship. The City, under the current lease agreement, is responsible for repairs to any portion of the exterior of the leased premises including the air conditioning, heating, and cooling system plus the interior electrical system. The City is also responsible for paying the property taxes which in 2011 came to $2,048.78. 681 of 774 There is a past precedent from October 2010 when the City Commission agreed to reduce the rental fee for the Library’s Sailfish Café. The Owner/Operator asked for rental relief due to economic hardship and the Commission agreed to reduce the rent by half (1/2) for a period of three (3) years. H? Reduction of rent will reduce the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES revenue which is used to offset maintenance costs and property taxes. If rent is reduced, a new Agreement (attached) is recommended that would release the City from maintenance costs and transfer a portion of the property tax burden to the renter. FI: The City receives monthly rent payments (including sales tax) from Sims ISCAL MPACT Barber Shop in the amount of $8,520 annually and from Rubie’s Salon in the amount of $6,780 annually for a total amount of $15,300 which goes into the General Fund. The City paid $2,048.78 in property taxes in 2011 for the above referenced property. A: Not to consider rent reduction. LTERNATIVES 682 of 774 RESOLUTION NO. R12 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GLASTON SIMS D/B/A ALEX SIMS BARBER SHOP; PROVIDING AN EFFECTIVE DATE. WHEREAS, in July, 2010, an Assignment of Lease Agreement was entered into between the Boynton beach Community Redevelopment Agency and the City of Boynton Beach where the CRA assigned its interest as Landlord for 909 North Seacrest Boulevard to the City as part of a land swap transaction; and WHEREAS , Mr. Sims, the tenant in Unit A has contacted the City requesting a rental relief for his unit due to economic hardship; and WHEREAS , staff is recommending the City Commission approve the execution of the Commercial Lease Agreement between the City of Boynton Beach and Glaston Sims d/b/a Alex Sims Barber Shop for Unit A located at 909 North Seacrest Boulevard. 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 of the City of Boynton Beach hereby approves and authorizes the Mayor and City Clerk to execute the Commercial Lease Agreement between the City of Boynton Beach and Glaston Sims d/b/a Alex Sims Barber Shop for Unit A located at 909 North Seacrest Boulevard, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 683 of 774 st PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 684 of 774 685 of 774 686 of 774 687 of 774 688 of 774 689 of 774 690 of 774 691 of 774 692 of 774 693 of 774 694 of 774 695 of 774 696 of 774 697 of 774 698 of 774 699 of 774 700 of 774 701 of 774 702 of 774 703 of 774 704 of 774 705 of 774 706 of 774 707 of 774 708 of 774 709 of 774 710 of 774 711 of 774 712 of 774 713 of 774 714 of 774 715 of 774 716 of 774 717 of 774 718 of 774 719 of 774 720 of 774 721 of 774 722 of 774 723 of 774 724 of 774 725 of 774 726 of 774 727 of 774 728 of 774 729 of 774 12. B NEW BUSINESS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: Discuss and authorize travel to Florida League of EQUESTED CTION BY ITY OMMISSION Cities Annual Conference to be held in Hollywood, Florida from August 23-25, 2012. ER: On August 23-25, 2012 the Florida League of Cities will host XPLANATION OF EQUEST its annual conference in Hollywood, Florida. To date, only Mayor Hay has requested to attend the conference. Per Ordinance R07-150 (copy attached) travel related expenditures for the Commission must be approved by the majority of the Commission. H? n/a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: $325 registration; no hotel costs; minimum for meals ($40/day). Funds ISCAL MPACT are available in the City Commission budget – Business Meetings line item. A: Do not approve travel request. LTERNATIVES 730 of 774 731 of 774 732 of 774 733 of 774 734 of 774 13. A LEGAL August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 12-014 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to the Land Development Regulations pursuant to Section 509.233 Florida Statutes, to allow for the exemption from that portion of State Law and the U.S. Food and Drug Administration’s Food Code that prohibit dogs on the premises of a food establishment, and to establish a permit system and operational rules. Applicant: City Initiated. ER: Many years ago the State of Florida adopted the “Food XPLANATION OF EQUEST Code” of the U.S. Food and Drug Administration, which is a model of regulating standards intended to assist states and other jurisdictions with food control responsibility to, in part, provide them with a uniform technical and legal basis for regulating the retail and food service segment of the industry (i.e. restaurants, grocery stores, institutions such as nursing homes, etc.). One of the many standards or regulations of the Food Code is the prohibition of live animals (i.e. pets) from property of a food establishment. State statutes also include a local exemption procedure applicable to certain provisions of this model Food Code. Driven by the popularity of bringing a household pet to the outdoor dining area of a restaurant, the Florida Legislature in 2006 adopted a 3-year pilot program initiated by the “Dixie Cup Clary Local Control Act”, which enabled local governments to allow restaurant patrons to bring pets to certain designated outdoor portions of public food serving establishments. In 2009 the act (which became Florida Statute 509.233), was amended to remove the three-year pilot language making it a permanent provision in State Law. To allow for the presence of patrons’ dogs at local food establishments, and achieve the 735 of 774 exemption from Florida Statutes and the Food Code as described in FS 509.233, the local government must adopt an ordinance for codification within the City’s land development code, establish a permitting procedure with minimum submittal requirements as stated in FS 509.233(3), and adopt standards that at least reflect the standards of FS 509.233(3)(c). Such standards address topics such as the practice and posting of sanitary rules; clean-up procedures and availability of cleaning materials; leash rules; and the prevention of contact of the dogs with any serving dishes, linens, utensils, etc. It should also be noted that such a permit does not “run with land”. State law requires that a new owner of a restaurant with an existing permit must re-apply and obtain a new permit prior to allowing patrons to bring dogs to subject restaurant. With respect to process, staff envisions a very simple and no-fee application process, which in most cases could be combined with the existing applications for a sidewalk café permit, Certificate of Use, or Business Tax Receipt. The application fees for these permits could be increased in the future if necessary to cover any increase in staff review time attributed to the subject review. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: With the exception of minor processing fees, the direct fiscal benefit to ISCAL MPACT the City is negligible. A: Not approve subject code amendment thereby preventing local LTERNATIVES restaurants from accommodating dogs at outdoor seating areas. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Dogs at outdoor searing areas\Agenda Cover Sheet - 082012 - Public Hearing & First Reading.doc 736 of 774 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY ADDING SUBSECTION B OF CHAPTER 2, ARTICLE V, SECTION 2, ENTITLED “DOGS IN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS”; AMENDING CHAPTER 3, ARTICLE V, BY CREATING A NEW SECTION 14, PURSUANT TO THE DIXIE CUP CLARY CONTROL ACT, FLORIDA STATUTE 509.233 PERMITTING DOGS TO BE IN CERTAIN PUBLIC FOOD SERVICE ESTABLISHMENTS WHICH HAVE RECEIVED A PERMIT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City of Boynton Beach to amend the Land Development Regulations “LDR”, pursuant to the Dixie Cup Clary Control Act, Florida Statute 509.233 which permits dogs to be in certain public food service establishments which have received a permit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2, Article V, Section 2, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: PART III (LDR), CHAPTER 2, ARTICLE V, SECTION 2. Section 2. Business Tax Receipt. A. Generally. A business tax receipt is required prior to engaging in or managing any business, profession, or occupation within the City. It shall be unlawful for any person to engage in any non-exempt business, profession, or occupation without first obtaining a business tax receipt in accordance with Part II City Code of Ordinances, Chapter 13 Licenses. B.Dogs in Outdoor Portions of Public Food Service Establishments. 1.General. 737 of 774 a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, a well- defined application process, and information that shall be included in applications to allow dogs within outdoor public food service establishments. b. Applicability. This process shall be required of any public food service establishment desiring to allow patrons’ dogs within qualified seating areas in accordance with Chapter 3, Article V, Section 13. 2. Submittal Requirements. Public food service establishments must apply for and receive a permit from the Development Department before patrons' dogs are allowed on the premises. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information: a. Information. (1)Name, location, mailing address and division issued license number of the public food service establishment. (2) Name, mailing address, and telephone contact information of the permit applicant. b. Diagram. A diagram and description of the outdoor area which is requested to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights- of-way, including sidewalks and common pathways; and such other information as is deemed necessary by the city. No more than 30% of the outdoor food service portion of the food establishment shall be designated as a service area where dogs are permitted. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit. c. Hours of Operation. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. 738 of 774 3. Review Criteria. The review criteria for this application shall be in accordance with the standards of Chapter 3, Article V, Section 13. 4.Approval Process. Applications shall be reviewed by staff and action will be taken by the appropriate administrative official within 30 days of the application. 5. Expiration. A permit issued pursuant to this section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment. 6. Revocation. a. A permit may be revoked by the city if, after notice and reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this section. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder. b. If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of 90 days following the date of revocation, providing that all issues causing the revocation have been satisfied. This includes any outstanding fines. 7. Complaints and Reporting. a. Complaints may be made in writing to the Code Compliance Division of the Police Department who shall accept, document, and respond to all complaints and shall timely report to the division all complaints and the response to such complaints. b. The patron or the designated person in charge of the public food service establishment, or both, may be issued civil citations for each violation of this ordinance. 739 of 774 Section 3. Chapter 3, Article V, Section 14, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: PART III (LDR), CHAPTER 3, ARTICLE V, SECTION 14 Section 14. Dogs in Outdoor Portions of Public Food Service Establishments. A. General. 1. Purpose and Intent. The Dixie Cup Clary Local Control Act grants the city the authority to provide exemptions from Florida regulations governing food service establishments. The purpose of this section is to allow dogs in outdoor portions of public food service establishments in a manner consistent with state law. The procedure adopted pursuant to this section provides an exemption, for those public food service establishments which have applied for and received a permit, to those sections of the Food and Drug Administration Food Code that prohibit live animals in public food service establishments. 2. Terms and Definitions. As used in this section, "public food service establishments" shall mean eating and drinking establishments, restaurants, and sidewalk cafes as defined by the City Code. "Employee" or "employees" shall include, but is not limited to, the owner or owners of the public food service establishment. B. City Approval Required. No dog shall be in a public food service establishment unless allowed by state law and the public food service establishment has received and maintains an unexpired and valid permit pursuant to Chapter 2, Article V, Section 2 allowing dogs in designated outdoor areas of the establishment. C. Standards. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that: 1. Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area. 2. Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware. 3. Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should 740 of 774 wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 4. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. 5. Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations. 6. Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron. 7. Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. 8. Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table. 9. Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area. 10. Employees and patrons shall not permit dogs to be in, or to travel through, indoor or nondesignated outdoor portions of the public food service establishment. 11. A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice. 12. A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the city. 13. A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the city. 14. Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or nondesignated outdoor portions of the public food service establishment. 741 of 774 15. The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram. 16 . Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section, or if they do not possess a valid permit. 17. Permits shall be conspicuously displayed in the designated outdoor area. 18. It shall be unlawful to fail to comply with any of the requirements of this section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Each violation of any of the requirements of this section is considered a separate violation. 19. All dogs shall wear a current license tag or rabies tag. Section 15. Penalties. 14. The City or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. Section 4. 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 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. st FIRST READING this 21 day of August, 2012. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray 742 of 774 ______________________________ Commissioner – ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 743 of 774 13. B LEGAL August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 regarding scope and timing of Charter EQUESTED CTION BY ITY OMMISSION amendments ER: At the May 1, 2012 City Commission meeting the Commission XPLANATION OF EQUEST decided to conduct a referendum election in March 2013 seeking elector approval of proposed Charter Amendments. The referendum election will coincide with the March municipal election. When the City Commission reviewed the Charter Review Committee report, the City Commission identified three specific charter sections for referendum consideration: Section 17. Composition, election, terms, vacancies – change to run-off rule from 35% to 50% plus 1. Study geographic boundaries of voting districts every 10 rather than 4 years. Section 49. General provisions – departments and agencies to be established by City Commission by ordinance. Language change regarding non-interference with administration. Section 55. Compensation of Mayor and Commission – grammatical change no material amendment. The procedure for a referendum election is as follows: 1. Preparation of an Ordinance calling for the referendum election and incorporating reference to the Charter sections to be amended and ballot language to explain the proposed change and requesting that the electors vote yes or no for that proposed change. 744 of 774 2. First reading of ordinance. 3. Second reading and public hearing of ordinance. Passage of the ordinance must be sufficiently in advance of the March election to allow time for submission to the Supervisor of Election for inclusion on the March 2013 ballot. We anticipate that the Supervisor of Election will have a deadline some time in January for submission of ballot questions. Based on the foregoing, Commission direction is sought to establish the time table for first and second reading and to identify the charter provisions which the City Commission seeks to have proposed changes submitted for elector input. By way of reminder, attached is chart showing the current Charter language notated to reflect input from the most recent Charter Review Committee effort. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: No additional cost for special election as referendum costs will be merged into ISCAL MPACT municipal election costs. A: Add or subtract to charter issues to be submitted for referendum. Submit no LTERNATIVES charter amendments to referendum. 745 of 774 746 of 774 747 of 774 748 of 774 749 of 774 750 of 774 751 of 774 752 of 774 753 of 774 754 of 774 755 of 774 756 of 774 757 of 774 758 of 774 759 of 774 760 of 774 761 of 774 762 of 774 763 of 774 764 of 774 765 of 774 766 of 774 767 of 774 768 of 774 769 of 774 770 of 774 14. A FUTURE AGENDA ITEMS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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 st RACC: 1 Budget Adoption Public Hearing - Tuesday, EQUESTED CTION BY ITY OMMISSION September 4, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. ER: N/A XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 771 of 774 14. B FUTURE AGENDA ITEMS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: Final Adoption Public Hearing - Fire Assessment EQUESTED CTION BY ITY OMMISSION Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. ER: N/A XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 772 of 774 14. C FUTURE AGENDA ITEMS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: 2nd Budget Adoption Public Hearing - Tuesday, EQUESTED CTION BY ITY OMMISSION September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. ER: N/A XPLANATION OF EQUEST H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 773 of 774 14. D FUTURE AGENDA ITEMS August 21, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 21, 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: Scheduling of City Commission Workshop to EQUESTED CTION BY ITY OMMISSION discuss future of City Hall Campus - TBD ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 774 of 774