Agenda 01-15-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JANUARY 15, 2013
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
Mack McCray
Vice Mayor – District II
Gerald “Jerry” Taylor
Commissioner – District I
Steven Holzman
Commissioner – District III
Wayne Segal
Commissioner – District IV
Lori LaVerriere
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).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Holzman
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. Announcement of TAPAS & TALK Community Outreach meeting and the COM
FAM TOUR Economic Development event
B. Announcement of the International Kinetic Art Exhibit and Symposium being
held February 8 - 10, 2013 in the Boynton Beach Downtown Civic-Cultural
District
C. Announcement of the Great Barrier-Free 5K Run on Saturday, February 9,
2013 at 7:30 a.m. at Congress Ave. Barrier Free Park
D. Announcement of the Ocean Avenue Concert for Friday, January 18, 2013
E. Announcement of the Movies on the Ave film for February 1, 2013
F. Announcement of Sunday in the Park, Sunday, February 3, 2013
G. Proclaim January 21, 2013 as the commemoration of Martin Luther King, Jr.
Day. Mr. Mike Norwood will be receiving the proclamation on behalf of the
MLK Celebration Committee
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
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A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Cemetery Board: 1 regular and 1 alternate
Code Compliance Board: 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board: 2 alternates
Financial Advisory Committee: 2 regulars and 2 alternates
Library Board: 1 regular and 1 alternate
Planning & Development Board: 1 regular and 2 alternates
Recreation and Parks Board: 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Veterans Commission: 2 alternates
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
A. Approve release of the performance bond #105461698 TR#7899 in the amount
of $125,000.00 as a result of satisfying the condition of approval involving the
completion of a traffic study and future improvements to Federal Highway in
association with the Walmart project, if deemed necessary by the City Engineer
B. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility
Fund for the two (2) month period ended November 30, 2012
C. PROPOSED RESOLUTION NO. R13-001 - Approve the Interlocal Agreement
between the City of Boynton Beach and Palm Beach County that authorizes
Palm Beach County to design, perform, and manage channel dredging at Oyer
Park on behalf of the City
D. Approve amendment to reduce the number of grants and increase funding for
the Commercial Rent Subsidy and Commercial Interior Build-Out Assistance
Programs
E. Approve Status Change from Part-Time to Full-Time for Risk Assistant in Risk
Management Department.
F. Accept the resignation of Robert Bucella, a regular member of the Code
Compliance Board
G. Accept the resignation of Gerald Taylor, a regular member of the Golf Course
Advisory Committee
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H. Accept the resignation of Terry Lonergan, a regular member of the Financial
Advisory Committee
I. Accept the resignation of Harry "Dale" Hatch, a regular member of the
Cemetery Board
J. Approve the minutes from the Special City Commission meeting on December
11, 2012, the Regular City Commission meeting held on December 18, 2012
and the Special City Commission meeting held on January 8, 2013
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R13-002 - Accept a FEMA SAFER Grant
award in the amount of $967,281 for Grant #EMW-2012-FH-00363 with no
required City matching funds and authorize the expenditure of the entire
program amount of $967,281 for the hiring of 7 probationary Firefighters for a
period of 2 years. This would return the 7 firefighter positions that were
eliminated during the FY10/11 and FY11/12 budget process.
B. PROPOSED RESOLUTION NO. R13-003 - Approve a contract with B & B
Underground Contractors, Inc. of Royal Palm Beach, Florida for the Reclaimed
Water Main to Galaxy Elementary School project, Bid No. 011-2821-13/DJL in
the amount of $155,642 plus a 10% contingency of $15,564 if needed, for staff
approval of change orders for unforeseen conditions for a total expenditure of
$171,206.
C. PROPOSED RESOLUTION NO. R13-004 - Approve the purchase of new
replacement vehicles as approved in the FY 2012/13 budget in the estimated
amount of $3,028,973 and to approve 5 units in the estimated amount of
$160,324 for an estimated total of $3,189,297, by utilizing the following
contracts; State of Florida Contract #01-071-000-C, State of Florida Contract
#760-000-10-1, City of Venice, FL ITB #2954-12-2013, Florida Sheriffs
Association Contract #12-10-0905, Florida Sheriffs Association Contract #11-
10-1202, and Florida Sheriffs Association Contract #12-20-0905.
D. Award the "TWO-YEAR BID FOR DUMPSTER REPAIRS", Bid #018-2515-
13/JMA to IES Sales and Service, LLC of Opalocka, Florida for a two (2) year
period to be utilized on an "AS NEEDED BASIS" with an estimated expenditure
of $140,000 for the two year period. Bid provides for two (2), one (1) year
extensions.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
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The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 13-001 - FIRST READING - Approve the
historic designation application for the Boynton High School located at 125 East
Ocean Avenue, Boynton Beach
B. PROPOSED RESOLUTION NO. R13-005 - Approve amendment to the
Neighborhood Stabilization Program 3 (NSP3) to expand target areas and
revise financing mechanism for Ocean Breeze subdivision
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Discuss the Mayors Against Illegal Guns Letter
13. LEGAL
A. PROPOSED ORDINANCE NO. 12-025 - SECOND READING - PUBLIC
HEARING - Approve the historic designation application for the Sophie Amichai
House located at 229 SW 1st Avenue, Boynton Beach.
B. PROPOSED ORDINANCE NO. 12-026 - SECOND READING - PUBLIC
HEARING - Approve the historic designation application for the Oscar
Magnuson House located at 211 East Ocean Avenue, Boynton Beach.
C. Commission policy guidance regarding prosecution or dismissal of City cross
claims when main foreclosure action is dismissed.
D. Approval of ordinances amending Charter consistent with previous Commission
direction:
TABLED ON DECEMBER 18, 2012
PROPOSED ORDINANCE NO. 12-020 - SECOND READING - PUBLIC
HEARING - Adopt a revised City Charter to provide for the designation of
Geographic Boundaries for each municipal voting district ninety (90) days after
the 2020 census report and every ten (10) years thereafter; providing for a
notice of an advertisement of the referendum election to be published in
accordance with the State of Florida Election Code; providing that this
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Ordinance, when adopted shall be submitted to the qualified electors of the City
of Boynton Beach, Florida on the March 2013 General Municipal Election
Ballot;
PROPOSED ORDINANCE NO. 12-021 - SECOND READING - PUBLIC
MEETING - Amending the Charter to allow a City Commissioner to retain office
for the balance of their term in the event a District boundary change results in
the Commissioner no longer residing in their District; providing for a notice of
an advertisement of the referendum election to be published in accordance with
the State of Florida Election Code; providing that this Ordinance, when adopted
shall be submitted to the qualified electors of the City of Boynton Beach, Florida
on the March 2013 General Municipal Election Ballot;
PROPOSED ORDINANCE NO. 12-022 - SECOND READING - PUBLIC
HEARING - Amendments to current City Charter Section 19 regarding term
limits; increasing the maximum number of three year terms from two to three
for a total of nine years that a member of the Commission can serve
consecutively; providing for a notice of an advertisement of the referendum
election to be published in accordance with the State of Florida Election Code;
providing that this Ordinance, when adopted shall be submitted to the qualified
electors of the City of Boynton Beach, Florida on the March 2013 General
Municipal Election Ballot;
PROPOSED ORDINANCE NO. 12-023 - SECOND READING - PUBLIC
HEARING - Adopt a revised City Charter to provide for the renumbering,
revisions to eliminate ineffective non-substantive language, correction of
grammatical and punctuation errors, deletion of provisions which are
superseded or preempted by State law, and reorganized to consolidate related
subject matters; providing for a notice of an advertisement of the referendum
election to be published in accordance with the State of Florida Election Code;
providing that this Ordinance, when adopted shall be submitted to the qualified
electors of the City of Boynton Beach, Florida on the March 2013 General
Municipal Election Ballot.
E. PROPOSED ORDINANCE NO. 13-002 - FIRST READING - Amending
Sections 17 and 139 of the Charter consistent with Commission direction
14. FUTURE AGENDA ITEMS
A. Old High School Development Agreement - 02/05/13
B. Hear update from Christ Fellowship Church regarding their move into Boynton
Beach Mall - 02/05/13
C. Schedule Closed Door Session to discuss pension as it relates to collective
bargaining - TBD
D. Report from Police Department on City-wide crime statistics - 02/05/13
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E. Seaborne Cove Development traffic update - 02/05/13
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.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
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January 15, 2013
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RACC:
Announcement of TAPAS & TALK Community
EQUESTED CTION BY ITY OMMISSION
Outreach meeting and the COM FAM TOUR Economic Development event
ER:
TAPAS & TALK is Part II of the Community Outreach Series
XPLANATION OF EQUEST
to “Build a Better Boynton” collaboratively presented by the City of Boynton Beach
(COBB), the Community Redevelopment Agency (CRA) and the Greater Boynton
Beach Chamber of Commerce (GBBCC) to educate the public about the great things
happening in Boynton Beach and to open a public dialogue for ideas and suggestions
for building a brighter future for our residents. The event will be held on Wednesday,
January 30, 2013 from 6:00 pm to 8 pm at the City Library Program Room.
The COM FAM TOUR is joint effort of the CRA, City, Chamber, PBC Business
Development Board (BDB), PBC Dept. of Economic Sustainability and FPL to introduce
commercial real estate brokers to re-investment opportunities and developable sites in
the Greater Boynton Beach area. The team will present a workshop in the morning
identifying the availability of incentives from each of these organizations and how they
can be leveraged and stacked. After the workshop the attendees will be taken on a bus
tour of all available sites and recently redeveloped sites. The tour extends to 441 in
Boynton. FPL and Iberia Bank are sponsoring the event.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
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RACC:
Announcement of the International Kinetic Art
EQUESTED CTION BY ITY OMMISSION
Exhibit and Symposium being held February 8 - 10, 2013 in the Boynton Beach Downtown Civic-
Cultural District
ER:
The International Kinetic Art Exhibit and Symposium is a
XPLANATION OF EQUEST
one-of-a-kind event celebrating Art in Motion.
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The event will kick-off on Friday, February 8 with an opening reception sponsored by
the Cultural Council of Palm Beach County and the Schoolhouse Children’s Museum
and Learning Center.
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Saturday, February 9 there will be a vendor and indoor art exhibit from 9:00 a.m. to
6:00 p.m. at the City Library and Civic Center as well as outdoor exhibits along the Civic
Cultural District Walking Loop. There will be several youth activity workshops, a History
of Kinetic Art presentation and presentations with a panel discussion by Kinetic Artists,
Architect, Scientists, Educators and Engineers on how kinetic art improves technology,
is incorporated in many of our daily activities and triggers innovation and new
technologies.
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On Sunday, February 10 the vendor and indoor art exhibit continues and the youth
kinetic art from the previous day workshops will be on display. The City Hall Chambers
will host “The Learning Experience” which demonstrates how Kinetic Art fuels creativity
and cross curriculum learning to deliver new technological advancements. The event
wraps up with the Kinetic Art Organization International Competition Awards
presentation in the City Hall Chambers.
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To learn more about the event log on to www.IntlKineticArtEvent.org for dates, times
and locations.
H?
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OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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ISCAL MPACT
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N/A
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
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RACC:
Announcement of the Great Barrier-Free 5K Run
EQUESTED CTION BY ITY OMMISSION
on Saturday, February 9, 2013 at 7:30 a.m. at Congress Ave. Barrier Free Park
ER:
The Realtors Association of the Palm Beaches are
XPLANATION OF EQUEST
sponsoring the Great Barrier-Free 5K Run along with co-sponsors the Greater Boynton
Beach Chamber of Commerce, the City of Boynton Beach, Hunter’s Run Development
and Iberia Bank to benefit the Greater Boynton Beach Foundation in raising money to
complete the Congress Ave. Barrier Free Park at 3111 Congress Ave, Boynton Beach.
To learn more about the event visit www.boyntonbeachfoundation.org.
H?
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OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
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LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
COBB
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RACC:
Announcement of the Ocean Avenue Concert for
EQUESTED CTION BY ITY OMMISSION
Friday, January 18, 2013
ER:
On Friday, January 18, 2013, the Boynton Beach CRA will
XPLANATION OF EQUEST
present an Ocean Avenue Concert, featuring Jimmy Stowe and the Stowaways performing
“American Pop with a Tropical Twist”. This FREE concert will take place from 7:00 to 9:00
PM
at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean
PM
Avenue just east of Seacrest. Local downtown restaurants will have food and drinks available for
purchase. Please bring your folding chairs or blankets and be prepared to dance the night away.
Parking onsite, no pets please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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3. E
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
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RACC:
Announcement of the Movies on the Ave film for
EQUESTED CTION BY ITY OMMISSION
February 1, 2013
ER:
On Friday, February 1, 2013, the Boynton Beach CRA and the
XPLANATION OF EQUEST
THE ODD
City of Boynton Beach will present a Movies on the Ave film screening, featuring
LIFE OF TIMOTHY GREEN PG
starring Jennifer Garner. This FREE event will take place
from 7:00 to 9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s
PM PM
Museum on Ocean Avenue just east of Seacrest. Food and drinks will be available for purchase.
Please bring your folding chairs or blankets. Parking onsite, no pets please
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
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January 15, 2013
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RACC:
Announcement of Sunday in the Park, Sunday,
EQUESTED CTION BY ITY OMMISSION
February 3, 2013
ER:
On Sunday, February 3, 2013, the Boynton Beach CRA presents
XPLANATION OF EQUEST
the Sunday in the Park Series featuring a live musical performance. This FREE event will take
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place at Ocean Avenue Park on the NE corner of E. Ocean Avenue and NE 4 Street. Have
Brunch or Lunch at Hurricane Alley or The Little House and enjoy the live music from 12:00
p.m. to 3:00 p.m. Bring your folding chairs or blankets to sit at the park. Ample FREE parking
onsite.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Budgeted in line item 02-58500-480
ISCAL MPACT
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LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 15, 2013
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January 15, 2013
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RACC:
Proclaim January 21, 2013 as the commemoration
EQUESTED CTION BY ITY OMMISSION
of Martin Luther King, Jr. Day. Mr. Mike Norwood will be receiving the proclamation on behalf of
the MLK Celebration Committee
ER:
In 1986 the third Monday of January was established as a
XPLANATION OF EQUEST
national holiday honoring the life of Dr. Martin Luther King, Jr. This year, Monday,
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January 21, 2013 will be observed as the 27 celebration of Dr. King’s Birthday.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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ISCAL MPACT
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LTERNATIVES
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P R O C L A M A T I O N
WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr.
are recognized nationwide in that the third Monday of January has been established as a national
holiday in commemoration of Dr. King's birthday, January 15, 1929; and
WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms
guaranteed every citizen under the Declaration of Independence and the United States
Constitution; and
WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton
Beach, which combines numerous community organizations and municipalities, is playing a
major role in the coordination of observances of this day by offering a variety of historical and
cultural programs through the City.
NOW, THEREFORE, I, Woodrow Hay, by virtue of the authority vested in me as
Mayor of the City of Boynton Beach, Florida, hereby proclaim January 21, 2013 as:
DR. MARTIN LUTHER KING, JR. DAY
in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to
advancing the cause of brotherhood and sisterhood among all people.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 15th day of January,
Two Thousand and Thirteen.
________________________________
Woodrow L. Hay, Mayor
City of Boynton Beach
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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5. A
ADMINISTRATIVE
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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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. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Cemetery Board: 1 regular and 1 alternate
Code Compliance Board: 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board: 2 alternates
Financial Advisory Committee: 2 regulars and 2 alternates
Library Board: 1 regular and 1 alternate
Planning & Development Board: 1 regular and 2 alternates
Recreation and Parks Board: 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Veterans Commission: 2 alternates
.
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
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A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 release of the performance bond
EQUESTED CTION BY ITY OMMISSION
#105461698 TR#7899 in the amount of $125,000.00 as a result of satisfying the condition of
approval involving the completion of a traffic study and future improvements to Federal Highway
in association with the Walmart project, if deemed necessary by the City Engineer
ER:
The Public Works Department Engineering Division
XPLANATION OF EQUEST
requests approval of the release of the performance bond #105461698 TR#7899 in the
amount of $125,000 for the completion of a traffic sudy and future improvements to Federal
Highway in association with the Walmart project, if deemed necessary by the City
Engineer.
Wal-Mart Stores East, LP dba Store 5911 submitted a performance bond in the
amount of $125,000.00 to ensure the completion of a traffic study, design and
permitting, and construction of improvements to the north bound left turn lane on
Federal Highway in association with the Walmart project, if deemed necessary by
the City Engineer.
The Engineer of Record, Kimely Horn & Associates, Inc. has reviewed the existing
conditions and finds no warrant for the study and/or improvements.
The Public Works Engineering Division has found that no further action is warranted
and the bond should be released.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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TO:
Jeff Livergood, Director of Public Works & Engineering
FROM:
Andrew P. Mack, P.E., LEED AP, Building Official/City
Engineer
th
DATE:
December 11, 2012
SUBJECT:
Walmart
Performance Bond: #105461698 TR#7899
Amount: $125,000.00
Based on observed field conditions and the traffic counts provided by Kimely Horn
& Associates, Inc. it is my opinion the requirements of the performance bond have
been satisfied and no further action is required. Hence I will have this item placed
on the next available City Commission meeting agenda for release.
If you have any questions or concerns please contact me in the Engineering
Divisions at 561.742.6366. Thank you.
xc: File
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City of Boynton Beach
Public Works Department
Engineering Division
Andrew P. Mack, P.E.
561.742.6982 Office
TART REVIEW FORM
July 28, 2010
WAL-MART (MSPM 10-047)
Following is a list of items that do not conform to the City of Boynton Beach Code
of Ordinances, Division Standards, or other governmental regulations.
1. One year after issuance of a certificate of occupancy for the Walmart a traffic
study will be required to re-analyze the entire intersection of Gulfstream
Boulevard and US-1 if deemed necessary by the City Engineer based on
observed deficiencies or traffic volumes greater than anticipated. In particular
the study should focus on the need to extend the existing NBL turn lane storage
length onto Gulfstream Boulevard from US-1. If traffic study is not deemed
necessary by the City Engineer the surety will be released by the City.
2. Prior to issuance of a building permit a surety in a format acceptable to the City
will be required to be posted to cover the cost of the traffic study, costs of the
design and permitting, and the construction costs of the extension of the NBL
turn lane on US-1 to maximize the storage. The amount of the surety will be
based on the engineer of record’s estimate of the cost for the aforementioned
items.
3. If warranted by the study the extension of the NBL turn lane length to maximize
the storage will be constructed immediately following approval of plans and
permits by the City and FDOT. If traffic study is conducted and the
improvements are not warranted the surety will be released, upon acceptance of
the traffic study by the City.
Recommendations:
NONE
ALL RESUBMITTALS MUST HAVE AN ITEMIZED RESPONSE IN LETTER FORMAT
ACCOMPANIES WITH THE PLANS.
xc: File
S:\Engineering\Mack\P & Z Memos - TART\Wal-Mart MMSP 10-047.doc
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6. B
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2012 -13 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the two (2) month period ended November 30, 2012
Explanation of Request
: This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City’s General Fund and Utility Fund for the
two (2) month period ended November 30, 2012 (17% of the fiscal year). The analysis
compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2012-13FY 2011-12FY 2013 vs. 2012
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 68,822$ 7,29611%$ 65,142$ 10,414 16%6%-30%
Expenditures$ (68,822)$ (19,858) 29%$ (65,142)$ (17,959)28%6%11%
Excess (Deficit)$ - $ (12,562) $ -$ (7,545)
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M
General Fund budget estimate for FY 2012. Transfers from other funds (non-revenues)
provide $16.6 M or 25% of the total funding sources to balance our $68.8 M General
Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 28.6 M – All other revenues plus General Fund Balance
3._25% - $ 16.6 M – Transfers from other funds
100% - $ 68.8 M – Total funding sources
The property tax rate for FY 2013 was increased from 7.1941 mills to 7.6000 mills
representing a 5.6% increase; the net property taxes of $27.0 M in FY 2013 were
increased by $775 K from a total of $26.3 M in FY 2012.
To balance the budget in FY 2012, it required transfers from other funds of $16.6 M
representing 25% of all funding sources.
Actual Funding Sources Realized:
For the second month in FY 2013, revenues and
transfers realized are $ 7.3 M or 11% of the budget estimate compared to $10.4M or
16% realized to date in FY 2012.
Property Taxes
: To date, as noted on Exhibit A, no property taxes have been received.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $.8 M or 19% actual collected compared to $.9 M or
20% in FY 2012.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2013, $1.2 M or
88% has been collected which is almost equivalent to the FY 2012 amount.
State Shared revenues
3. of $1.0 M have been collected in FY2013 which is the same
for FY 2012.
Public Safety revenues
4. at this point collected are $213K or 6% compared to $306 K
or 8% for FY 2012.
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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, appropriations increased approximately 5.7% from
$65.1 M to $68.8 M. The increase impacted all departments due to increased pension
and health care cost.
Actual Expenditures –
General Fund expenditures for the second month period ending
November 30 (17% of the fiscal year) are $ 19.8 M that is 29% of the $68.8 M
expenditure appropriation for FY 2013.
The table at the top of Exhibit B displays actual expenditures of $ 19.8 M or 29% of the
FY 2013 budget. At 29%, we are ahead of spending levels compared to the $17.9 M or
28% actual spending levels in FY 2012 for this same period. This is due to the
increase in the City’s pension obligation for FY 2013.
UTILITY FUND
The FY 2013 annual expenditure budget of $36.7 M represents a $.7 M decrease from
the FY 2012 budget of $37.4 M. The operational forecast may yield an estimated $2.2 M
fund balance increase for the year based on the budget.
For the second month in FY 2013,
Revenues realized are $ 6.1 M (17%) of the annual budget estimate.
Expenditures incurred are $7.1 M (19%) of the annual appropriated budget.
This results in a shortfall of expenditures over revenues of $ 1.0 M.
FY 2012-13FY 2011-12FY 2013 vs. 2012
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 36,758$ 6,06717%$ 37,397$ 6,113 16%-2%-1%
Expenditures$ (36,758)$ (7,110) 19%$ (37,397)$ (5,772)15%-2%23%
Excess (Deficit)$ -$ (1,043) $ -$ 341
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) -
The $ 6.1 M in FY 2013 actual revenues and fund balance
increase are on target similarity to the $ 6.1 M to date in FY 2012, because of two
factors:
Water Sales - $ 3.0 M equivalent to 17% of the annual estimate, compared to
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$2.9 M (16%) at this point in FY2012.
In FY 2012, $ 2.2 M is being recognized as an added increase to fund balance,
compared to an added increase of $ 1.7 M in FY2012.
These factors should provide for adequate bond debt service coverage.
Expenditures (Exhibit D)
– Utility Fund FY2013 expenditures to date are $ 7.1 M or
19% of the annual appropriation compared to expenditures of $ 5.7 M or 15% for the
prior fiscal year. The increase is due to a budgeted transfer to the Utility
Renewal/Replacement capital fund and the increase in the City’s pension obligation that
is attributable to the Utility Fund.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. C
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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. R13-001 -
EQUESTED CTION BY ITY OMMISSION
Approve the Interlocal Agreement between the City of Boynton Beach and Palm Beach County
that authorizes Palm Beach County to design, perform, and manage channel dredging at Oyer
Park on behalf of the City
ER:
In 2007, the City of Boynton Beach and Palm Beach County
XPLANATION OF EQUEST
entered into an interlocal agreement (R06-199 attached) that provided for County
administration and oversight of dredging the channel at Boat Club Park, now Oyer Park.
This work was necessary in order to eliminate siltation in the channel and to allow
continued recreational boating from the boat ramps to the Intracoastal Waterway.
As would be expected, over time the channel from the boat ramps to the Intracoastal
Waterway/Boynton Inlet is again becoming full of silt making navigation difficult,
particularly for larger boats during periods of low tide. Fortunately, the County is again
planning its own project to remove sand/silt from the Ocean Park Inlet Sand Trap and
other portions of the Intracoastal Waterway. Last year the County offered its services to
manage the City’s channel dredging project and funds were placed in the FY 2012/13
CIP to support this work in the estimated amount of $50,000 and denoted this as project
number CP0711. This cost estimate was prepared prior to completing bathymetric
surveys of the subsurface conditions. Furthermore, new regulations are in place causing
more costly relocation of the dredged material to Half Moon Bay via barge.
County staff has completed the design and is now evaluating bids for County
construction award. The current estimated City project cost is $93,000. However,
based upon preliminary bid evaluation, the proposed Interlocal Agreement contemplates
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a maximum City expense of $113,000 to remove approximately 5,330 cubic yards of
sand from the City’s access channel. This maximum expense was created to
accommodate any unknowns or changed conditions during the course of the work as
well as pay for County project administration. The City dredging component of the
larger County project would most certainly cost far more had the City proceeded with a
stand alone project.
H?
The access channel at Oyer Park
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
is critical to continued access to the Intracoastal Waterway by recreational boaters in
Palm Beach County.
FI:
Staff recognizes that the City share of this project far exceeds the
ISCAL MPACT
budget amount of $50,000. However, staff also realizes that this work will serve
recreational boating access to the Intracoastal Waterway for all County residents and
not just those boaters who reside within Boynton Beach. As such, City Recreation Staff
contacted Palm Beach County Parks and Recreation staff to seek County funding to
supplement our local cost share of $50,000. The City received a positive response from
County staff who have identified bond proceeds specifically associated with waterway
access and could be allocated to this project. The City sent a formal request for funding
to Commissioner Abrams in this regard asking for up to $70,000 in County funds to
supplement the City expense of $50,000. These supplemental funds will be
forthcoming in the next two months following Board of County Commissioners action.
Source of funds:
$50,000 was budgeted for this project in the FY12/13 CIP budget under project
CP0711, account 302-4108-580-49-17. Up to $70,000 of County funds will be allocated
to the City prior to the City’s total expenditure according to the ILA contemplated in this
agenda item. This expenditure account will be exceeded but the additional County
revenues will offset the added expense yielding a budget neutral transaction.
A:
Do not dredge the channel thereby restricting use of the boat ramps at
LTERNATIVES
Oyer Park.
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RESOLUTION R13-001
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE CITY OF BOYNTON BEACH
AUTHORIZING PALM BEACH COUNTY TO DESIGN,
PERFORM AND MANAGE CHANNEL DREDGING AT
OYER PARK ON BEHALF OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2007 the City of Boynton Beach and Palm Beach County entered into an
Interlocal Agreement that provided for County administration and oversight of dredging the
channel at Boat Club Park, which is now known as Oyer Park; and
WHEREAS, over time, the channel from the boat ramps to the Intracoastal
Waterway/Boynton Inlet is again becoming full of silt making navigation difficult; and
WHEREAS, Palm Beach County is planning its own project to remove sand/silt from
the Ocean Park Inlet Sand Trap and other portions of the Intracoastal Waterway; 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 and residents of the City of Boynton
Beach to approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement
with Palm Beach County for the County to design, perform and manage channel dredging at
Oyer Park.
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
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authorizes the Mayor and City Clerk to execute the Interlocal Agreement with Palm Beach
County for the County to design, perform and manage channel dredging at Oyer Park, a copy of
said Agreement is attached hereto and made a part here as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of January, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – Jerry Taylor
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Wayne Segal
ATTEST:
_________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
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INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into on this day of , 2013, by
and between PALM BEACH COUNTY, a political subdivision of the State of Florida (the
“COUNTY”) and the CITY OF BOYNTON BEACH, a municipal corporation in the State of
Florida, (the “CITY”), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes, and both being hereinafter referred to collectively as the “parties”.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power,
privilege, or authority that such agencies share in common and that each might exercise
separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County
Commissioners is empowered to establish and administer programs of beach erosion control and
to enter into agreements with other governmental agencies within or outside the boundaries of
the COUNTY for joint performance, or performance of one unit on behalf of the other, of any of
either governmental entity’s authorized functions; and
WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to
exercise any governmental, corporate, and proprietary power for municipal purposes, except
when expressly prohibited by law; and
WHEREAS, the COUNTY is planning to perform maintenance dredging of the South
Lake Worth Inlet Sand Trap (the “Trap”) and the South Lake Worth Inlet Intracoastal Waterway
(“ICW”); and
WHEREAS, the CITY wishes to have maintenance dredging performed within the
Boynton Beach Boat Club Park Navigation Access Channel (“Access Channel”), which is
located in the vicinity of the Trap and ICW, and to have beach compatible sand discharged via
pipeline below mean low water (MLW) offshore of Ocean Hammock Park and any non-beach
compatible material mechanically dredged and disposed of in the Half Moon Bay Hole site via
barge (hereinafter referred to as the “PROJECT”); and
WHEREAS, the CITY has expressed an interest in utilizing COUNTY staff for
permitting and management as well as the COUNTY’s construction contract for performing
maintenance dredging, and the COUNTY is agreeable to including the CITY’s PROJECT as part
of its project to dredge the Trap and ICW; and
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WHEREAS, on January 9, 2007 the COUNTY and the CITY entered into an interlocal
agreement to dredge the Access Channel, and that agreement expired on January 8, 2010;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein.
2. Purpose of the Agreement. The purpose of this Agreement is to set forth the
terms, conditions and obligations of each of the respective parties with respect to
the PROJECT.
3. The PROJECT. The PROJECT consists of maintenance dredging of
approximately 5,330 cubic yards of sand from the Access Channel, widening the
eastern half of the Access Channel by 30 feet on the north side and 30 feet on the
south side to -7.00 feet MLW, disposal of dredged beach compatible sand via
pipeline below MLW offshore of Ocean Hammock Park, and disposal of any
non-beach compatible material in the Half Moon Bay Hole site via barge, as more
particularly described in the Scope of Work attached as Exhibit “A” and the
location maps attached as Exhibits “B” and “C”.
4. Term. The term of this Agreement shall be from the date of execution by both
parties through November 30, 2014, unless earlier terminated as provided herein.
Notwithstanding the foregoing, work conducted on this PROJECT by the County
and its consultants/contractors beginning on or after April 1, 2011 shall be eligible
for reimbursement by the CITY. This Agreement may be extended if agreed to in
writing by the parties.
5. COUNTY Obligations.
The COUNTY shall be responsible for management, engineering, permitting,
design, construction, and monitoring of the PROJECT. The COUNTY will
complete the PROJECT in conjunction with its project to dredge the Trap and
ICW.
A. The COUNTY shall submit invoices for payment to the CITY not more
frequently than quarterly, but at least annually. The COUNTY shall submit
invoices to the CITY that include a reference to this Agreement, identify the
PROJECT, identify the tasks performed, and identify the amount due and
payable to the COUNTY. Invoices shall be in sufficient detail for pre-audit
and post-audit review.
B. The COUNTY shall maintain adequate records to justify all charges, expenses
and costs represented by the invoice amounts for at least five (5) years after
completion of the PROJECT or termination of the Agreement, whichever
occurs last. The COUNTY shall afford the CITY access to all books, records,
and documents related to the PROJECT as required in this paragraph for
purposes of inspection or audit during normal business hours.
C. The COUNTY has submitted a request for and received funding assistance in
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order to offset the costs to complete the PROJECT and will provide a copy of
the funding assistance contract to the CITY. The COUNTY will notify the
CITY of the extent to which such funds reduce the CITY’s financial
obligation to pay for the PROJECT.
D. Upon request by the CITY, the COUNTY shall provide the CITY with copies
of any scopes of work, contracts, permits, surveys, aerials, reports and studies
including pre- and post-construction monitoring reports, bid tabulations,
schedules, change orders, plans and specifications related to the PROJECT.
To the greatest extent possible, the above documents shall be provided in
digital format.
E. If at any time it becomes apparent that the PROJECT COST will exceed
$113,000, the County will immediately notify the CITY in writing.
F. Notwithstanding any other provision herein, the COUNTY’s obligation to
perform under this Agreement is contingent upon an appropriation for its
purpose by its Board in its annual fiscal year budget during the term of this
Agreement.
6. CITY Obligations.
A. The CITY shall reimburse the COUNTY for all costs related to the
PROJECT, which are estimated to be approximately $93,000 (“PROJECT
COST”).
B. The CITY agrees to pay the COUNTY for the following, which are included
in the PROJECT COST: the cubic yard cost associated with dredging of the
Access Channel and disposing of beach compatible dredged material via
pipeline below MLW offshore of Ocean Hammock Park; the cubic yard cost
associated with dredging of any non-beach compatible material and disposal
via barge to the Half Moon Bay Hole site; all costs related to design,
permitting, easements, bidding, project management (including overseeing
mobilization, staging, dredging, disposal, turbidity monitoring, surveying and
demobilization), seagrass monitoring and staff time based on a percentage of
the total cubic yards of material dredged from the BBCC compared to the total
cubic yards of material dredged from BBCC, the Trap and ICW combined;
and bathymetric survey costs based on the percentage of BBCC-related line-
miles surveyed compared to the total line-miles surveyed for BBCC, the Trap
and the ICW combined.
C. The CITY shall appropriate adequate funds to cover the PROJECT COST.
D. Invoices received from the COUNTY and approved by the CITY shall be paid
within thirty (30) days of receipt. All payments made to the COUNTY shall
be by check made payable to the Palm Beach County Board of County
Commissioners and shall be clearly marked to identify the PROJECT.
Payments shall be submitted to the Palm Beach County Department of
Environmental Resources Management at the address provided in paragraph
9.
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B 8383 .dvl
E. Notwithstanding any other provision herein, the CITY’s obligation to pay
under this Agreement is contingent upon an appropriation for its purpose by
its CITY Council in its annual fiscal year budget during the term of this
Agreement.
7. Party Representatives.
A. The COUNTY’s representative/contract monitor during the term of this
Agreement shall be the Director of the Department of Environmental
Resources Management whose telephone number is (561) 233-2400.
B. The CITY’s representative/contract monitor during the term of this
Agreement shall be the City Manager, whose telephone number is (561) 742-
6010.
8. Notices. All formal notices between the parties shall be hand delivered or sent by
certified mail, return receipt requested, to the party’s Representative identified
above in Section 8, at the below-cited address. All notices required by this
upon receipt
Agreement shall be considered delivered . A copy of all such notice
shall also be sent to the following counsel by U.S. Mail.
Palm Beach County City Manager Palm Beach County Attorney’s
Environmental Resources City of Boynton Beach Office
th
Mgmt. 100 E. Boynton Beach 301 North Olive Avenue, 6
th
2300 North Jog Road, 4 floor
Floor West Palm Beach, FL 33401
West Palm Beach, FL
33411-2743
Boynton Beach, FL 33435-
9. Default and Opportunity to Cure. The parties hereto expressly covenant and
agree that in the event either party is in default of its obligations herein, the party
not in default shall provide to the party in default thirty (30) days written notice to
cure said default. If the defaulting party fails to correct the default within this
time, unless otherwise agreed by the parties, the party not in default may
terminate the Agreement at the expiration of the thirty (30) day time period.
10. Delegation. Nothing contained herein shall be deemed to authorize the delegation
of the constitutional or statutory duties of state, county, or municipal officers.
11. Recording. A copy of this Agreement shall be recorded and filed with the Clerk
of the Circuit Court in and for Palm Beach County.
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12. Remedies. This Agreement shall be construed by and governed by the laws of the
State of Florida. Any and all legal action necessary to enforce the Agreement will
be held in Palm Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof. No
provision of this Agreement is intended to, or shall be construed to, create any
third party beneficiary or to provide any rights to any person or entity not a party
to this Agreement, including but not limited to any citizen or employees of the
COUNTY and/or CITY.
13. Indemnification. Each party shall be liable for its own actions and negligence,
and to the extent permitted under Section 768.28, Florida Statutes, the COUNTY
shall indemnify, defend and hold harmless the CITY against any actions, claims,
or damages arising out of the COUNTY’s negligence in connection with this
Agreement, and the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out the CITY’s
negligence in connection with this Agreement. The foregoing indemnification
shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28, nor shall the same be construed to constitute
agreement by either party to indemnify the other party for such other party’s
negligent, willful or intentional acts or omissions. Nothing herein shall be
construed as a waiver of sovereign immunity by either party, pursuant to Section
768.28, Florida Statutes.
14. Insurance. Each party shall maintain a fully funded program of self-insurance
pursuant to Section 768.28 Florida Statutes.
15. Equal Opportunity. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, sex, age, national origin, disability, religion, ancestry,
marital status, familial status, sexual orientation, gender identity, or gender
expression be excluded from the benefits of, or be subjected to any form of
discrimination under, any activity carried out by the performance of the
Agreement.
16. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect.
17. Waiver of Breach. It is hereby agreed to by the parties that no waiver or breach of
any of the covenants or provisions of this Agreement shall be construed to be a
waiver of any succeeding breach of the same of any other covenant.
18. Entirety of Agreement. The CITY and COUNTY agree that this Agreement,
together with any attached exhibits, sets forth the entire agreement between the
parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms or obligations in the Agreement may be
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added to, modified superseded, or otherwise altered, except by written instrument
executed by the parties hereto.
19. Independent Contractor. Each party recognizes that it is an independent
contractor and not an agent or servant of the other party. No person employed by
any party to this Agreement shall, in connection with the performance of this
Agreement or any services or functions contemplated hereunder, at any time, be
considered the employee of the other party, nor shall an employee claim any right
in or entitlement to any pension, worker’s compensation benefit, unemployment
compensation, civil service, or other employee rights or privileges granted by
operation of law, except through and against the entity by whom they are
employed.
20. Enforcement Costs. Except as otherwise provided herein, any costs or expenses
(including reasonable attorney’s fees) associated with the enforcement of the
terms and/or conditions of this Agreement shall be borne by the respective parties.
This provision pertains only to the parties to the Agreement.
21. Captions. The captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
22. Construction. No party shall be considered the author of this Agreement since the
parties hereto have participated in drafting this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it.
23. Amendments. None of the provisions, terms and conditions contained in this
Agreement may be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
24. Palm Beach County Office of the Inspector General. Palm Beach County has
Code,
established the Office of the Inspector General in Palm Beach County
Section 2-421 - 2-440
, as may be amended. The Inspector General’s authority
includes but is not limited to the power to review past, present and proposed
County contracts, transactions, accounts and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of any party
contracting with the COUNTY and its officers, agents, employees and lobbyists
in order to ensure compliance with contract requirements and detect corruption
and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding
any investigation shall be in violation of Palm Beach County Code, Section 2-
421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the
same manner as a second degree misdemeanor.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this
Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of
said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority
granted by said Board, and the City of Boynton Beach has caused this Agreement to be signed in
its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City
Clerk, the date and year first above written.
CITY OF BOYNTON BEACH, FLORIDA PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS.
By: By: _____________________________
Woodrow Hays, Mayor Steven L. Abrams, Chairman
ATTEST: ATTEST:
Sharon R. Bock, Clerk and Comptroller
By: By: _____________________________
City Clerk Deputy Clerk
DATE: DATE: __________________________
Seal Seal
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY
By: By: _____________________________
City Attorney Assistant County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By: _____________________________
Robert Robbins, Director
Environmental Resources Management
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Maintenance Dredging at the Boynton Boat Club Channel
Interlocal Agreement between Palm Beach County
and the City of Boynton Beach
Scope of Work
I. Introduction
The Management Plan for the South Lake Worth Inlet requires removal of accumulated sand
from the interior sand trap (the “Trap”) as part of maintaining the down drift beaches and
preventing sand from entering the inlet and settling in the navigation channel of the
Intracoastal Waterway (“ICW”) and the Boynton Boat Club Channel (“BBCC”). The Trap, ICW,
and BBCC were dredged in 2001-02 and again in 2008 under one Florida Department of
Environmental Protection (“FDEP”) permit to make the most efficient use of resources. The
current maintenance dredging Project Number 2012ERM04 (“PROJECT”) is scheduled to begin
in early 2013. Palm Beach County intends to design, permit, advertise, bid, contract, manage,
and monitor the BBCC dredging project in conjunction with dredging the Trap and ICW.
II. Design
The results of the 2010 and 2011 bathymetric and seagrass surveys of the Trap and BBCC have
been used to design the PROJECT. During the 2008 Project, 4,480 cubic yards of material was
dredged from the permitted template of the BBCC, and only the sand in the easternmost
section of the BBCC was beach compatible. The permitted design of the BBCC dredge template
includes widening the eastern half of the channel by sixty (60) feet, which required a
modification to the legal description and the City’s submerged lands easement. Beach
compatible sand hydraulically dredged from the BBCC will be transported via pipeline and
placed below mean low water at Ocean Hammock Park. To avoid nearshore turbidity and
water quality issues, the non-beach compatible material mechanically dredged from the BBCC
will be transported by barge and discharged into Half Moon Bay Hole, a deep hole located in
the Lake Worth Lagoon approximately 1.6 miles north of the BBCC.
III. Permitting
FDEP issued a 25-year maintenance dredging permit to the County on February 8, 2001, to
conduct maintenance dredging at the Trap. A major modification to the permit was issued on
November 16, 2012.
IV. Bidding
The County has advertised for competitive bids through an established, competitive, sealed-bid
process.
V. Construction/Project Management
The County will oversee the mobilization, staging, dredging, disposal, turbidity monitoring,
surveying, and demobilization of the PROJECT. The County shall receive daily progress reports
and process invoices from the dredge contractor.
VI. Monitoring
A.Physical monitoring. The County will complete all necessary bathymetric surveys.
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B.Environmental monitoring. The County will perform all necessary seagrass
monitoring.
VII. Staff Time
County staff will manage the PROJECT, provide engineering services, and perform monitoring of
the PROJECT.
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6. D
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 amendment to reduce the number of
EQUESTED CTION BY ITY OMMISSION
grants and increase funding for the Commercial Rent Subsidy and Commercial Interior Build-Out
Assistance Programs
ER:
On April 17, 2012, the City Commission approved R12-
XPLANATION OF EQUEST
037(see attached) authorizing an allocation of $54,400 for commercial rent subsidy and
commercial interior build-out assistance programs as grant funding opportunities for
manufacturing, office and industrial uses located outside of the Community
Redevelopment Agency area, as a pilot program to expand and stimulate economic
development City-wide.
These programs were selected as a best practice with a proven track record of success
within the CRA. Funding allocations per award were adjusted downward slightly in order
to maximize benefit opportunities with limited budget funding. However, during the pilot
period, feedback from industrial and manufacturing companies has been that the grant
award amounts are too small for the time required to compile the necessary
documentation and tracking to qualify for award.
Therefore, staff recommends adjusting the pilot program as follows;
1. Increase the award amount for the Interior Build-out Grant from $10,000 to
$15,000 and reduce the number of grants available from four (4) to two (2);
2. Increase the award amount for the Rent Subsidy from $7,200 ($600 per month)
to $12,000 ($1,000 per month), and reduce the number of grants from four (4) to
two (2);
3. Remove the limitation of a single grant or subsidy award per applicant.
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H?
The City’s Economic Development
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
program places a strong emphasis on attraction of new businesses, as well as the
retention and expansion of existing businesses, and stresses the important role small
business adds to the economic diversification of the City’s tax base. This program will
allow small business owners and entrepreneurs targeting locations outside the CRA, the
opportunity to establish or expand their business within the City. Based upon the
number of initial inquiries for this grant program, staff is confident that we will be able to
award the full allocation set aside of $54,400 within this fiscal year.
FI:
The $54,400 amount of funding for this program was moved from the
ISCAL MPACT
General Fund (001) to the Community Improvement Fund (122) per R12-037 in FY12.
These funds remain available in the Community Improvement Fund (122) in FY13. This
amount is separate form the current year allocation of $125,000 for Economic
Development funded through CDBG.
This amount constitutes funding for two (2) Interior Build-Out Grants at $15,000 each;
two (2) one year rent subsidies, not to exceed $1,000 per month, $12,000 each; and
$400 for grant marketing, evaluation, scoring and administration,.
A:
1) Do not adjust the programs.
LTERNATIVES
2) Increase or decrease funding allotment.
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6. E
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 Status Change from Part-Time to Full-
EQUESTED CTION BY ITY OMMISSION
Time for Risk Assistant in Risk Management Department.
ER:
The Risk Management Department was reduced from four
XPLANATION OF EQUEST
to three staff in March 2011, with the transfer of administrative staff to the City
Manager’s Office. That position was a full-time Insurance Claims Specialist (Grade 12).
The man-hour resources reduction seriously impacted Department operations. The
Department was authorized a part-time Risk Assistant (Grade 6) and the incumbent was
hired in December 2011.
The Risk Management Department was assigned the responsibility for the City’s
Special Event Permit Program, from the Development Department in September 2012.
This is a customer service oriented position. This program was assigned to the
incumbent Risk Assistant (#3743), whose previous experience was in the hospitality
industry. Hours have been tracked for the Risk Assistant and the time spent working
with the permit applicants and department follow-up is averaging approximately 2.0
hours per day, or 8.0 hours per week.
Risk Assistant incumbent has proven to be extremely adept at learning new tasks in an
expeditious fashion. She has attended two all-day insurance and claims seminars
which have expanded her knowledge base dramatically. She now serves as the
assistant and back-up to the Claims Administrator handling workers’ compensation
claims. Upon her status change, she will be tasked with taking the telephone call-in line
for notices of employee injuries after hours and holidays as back-up to the Claims
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Administrator. She also assists the Risk Manager in providing requested records for the
City’s defense attorneys in liability claims, as well as managing the liability litigation files.
The Department is currently going through renewals for the City’s insurance program.
This includes our property insurance, which is separated into Municipal properties and
Utilities properties, with coverage from different companies to reduce premium costs.
The insurance companies have regularly increased the information required in the
applications. This has resulted in additional man-hours spent by all Department staff
and frequent requests to other departments. The current man-hour resources available
in the Department are insufficient to conduct all Department regular business, insurance
renewals and the Special Event Permit Program.
It is recommended that by approving the status change of the Risk Assistant from part-
time to full-time, will provide the necessary man-hour resources to perform the required
duties of the Risk Management Department including the Special Event Permit
Program.
H?
The Risk Management Department
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
has begun a review of the Special Event Permit Program to streamline from a staff
perspective and revise the program to provide superior customer service. This status
change will allow the Risk Management Department to perform required duties including
the expanded insurance renewal requirements and the Special Event Permit Program.
FI:
The anticipated cost for this Status Change in the FY2012-13 is
ISCAL MPACT
$14,025. We have identified insurance premium savings of $14,104 from the proposed
budget. This status change will not affect the total department budget for FY 2012-13.
A:
Denying the status change will result in lower prioritization of Special
LTERNATIVES
Event Permit applications. It will require applicants to schedule appointments in lieu of
walk-in requests for assistance. It will require increased time periods for applications to
be submitted prior to the special event. It will reduce the available customer service
hours for special event applications.
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6. F
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 Robert Bucella, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Code Compliance Board
ER:
Robert Bucella has submitted his resignation as a regular
XPLANATION OF EQUEST
member of the Code Compliance Board because he will be unable to attend the
meetings.
H?
The Code Compliance Board will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. G
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 Gerald Taylor, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Golf Course Advisory Committee
ER:
Gerald Taylor submitted his resignation from the Golf
XPLANATION OF EQUEST
Course Advisory Committee due to his appointment as Commissioner of District I
H?
The Golf Course Advisory
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Committee will have a vacant position.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. H
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 Terry Lonergan, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Financial Advisory Committee
ER:
Terry Lonergan submitted her resignation from the Financial
XPLANATION OF EQUEST
Advisory Committee.
H?
The Financial Advisory Committee
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have a vacant position.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. I
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 Harry "Dale" Hatch, a
EQUESTED CTION BY ITY OMMISSION
regular member of the Cemetery Board
ER:
At the December 13, 2012 Cemetery Board meeting, Dale
XPLANATION OF EQUEST
Hatch advised he had moved outside the City limits and resigned from the Cemetery
Board.
H?
The Cemetery Board will have a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
vacant position.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. J
CONSENT AGENDA
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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 Special City
EQUESTED CTION BY ITY OMMISSION
Commission meeting on December 11, 2012, the Regular City Commission meeting held on
December 18, 2012 and the Special City Commission meeting held on January 8, 2013
The City Commission met on December 11, 2012, December 18, 2012 and January 8,
2013 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
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7. A
BIDS AND PURCHASES OVER $100,000
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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. R13-002 -
EQUESTED CTION BY ITY OMMISSION
Accept a FEMA SAFER Grant award in the amount of $967,281 for Grant #EMW-2012-FH-
00363 with no required City matching funds and authorize the expenditure of the entire program
amount of $967,281 for the hiring of 7 probationary Firefighters for a period of 2 years. This
would return the 7 firefighter positions that were eliminated during the FY10/11 and FY11/12
budget process.
GP:M3,2013M15,2015
RANT ERIOD ARCH TO ARCH
ER:
The Fire Rescue Department is requesting that the city
XPLANATION OF EQUEST
accept the FEMA SAFER Grant award #EMW-2012-FH-00363 of $967,281. The
department is also requesting authorization to spend the entire project budget of
$967,281 to hire 7 probationary firefighters to reinstate the 7 firefighter positions
eliminated during the FY’s 10/11 and 11/12 budgets. These funds will cover the cost of
pay and benefits for the 7 firefighters for a period of 2 years. All grants awarded under
the Hiring Category require the City to maintain current staffing levels and incur no lay-
offs during the two-year period of performance. There are no grant requirements for the
City to fund these positions once the grant period is complete. If the City wishes to
retain these positions once the grant period is over, funding would need to be provided
in the City’s budget to maintain these positions.
H?
This will allow the Fire Rescue
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Department to return to the Operations Division staffing levels that were in place during
the FY 2009/2010 Budget. The unit at station #1 that has been removed from service
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due to those staffing cuts will be returned to service 24/7/365 once the 7 firefighters are
hired and assigned to their respective shifts.
FI:
The city will receive $967,281 ($589,372 for personnel & $377,909 for
ISCAL MPACT
benefits) over a period of 2 years to fund wages and benefits for 7 firefighter positions.
No additional funding for current fiscal year will be needed to complete the hiring and
orientation training for these positions as well as securing equipment and uniforms. In
FY14/15 there would be a potential impact if these positions are retained after the grant
period. Funds for wages and benefits would need to be budgeted for the period March
16, 2015 to September 30, 2015.
A:
Not accept the grant and authorize the spending, therefore keeping Fire
LTERNATIVES
Rescue Department staffing at the current levels.
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RESOLUTION NO. R13-002
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A
FEMA SAFER GRANT AWARD IN THE AMOUNT OF
$967,281 FOR GRANT #EMW-2012-FH-00363 FOR THE
HIRING OF 7 PROBATIONARY FIREFIGHTERS FOR A
PERIOD OF TWO YEARS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Fire Department applied for and has been
awarded a Staffing for Adequate Fire and Emergency Response (SAFER) grant from the
Federal Emergency management Agency (FEMA); and
WHEREAS, the grant award is in the amount of $967,281 with no required City
matching funds; and
WHEREAS, the Fire Rescue Department is requesting authorization to spend the
entire project budget to hire 7 probationary firefighters which will reinstate the 7 firefighter
positions eliminated during fiscal years 2010/11 and 2011/12 budget cuts; and
WHEREAS, upon recommendation of staff, the City Commission deems it in the
best interest of the citizens and residents of the City of Boynton Beach to accept the FEMA
SAFER grant in the amount of $967,281 and allow the Fire Rescue Department to hire 7
probationary firefighters for a period of two years.
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 accepts
the FEMA SAFER Grant in the amount of $967,281 and authorizes the Fire Rescue
Department to expend the entire program amount of $967,281 for the hiring of 7
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probationary firefighters for a period of two years, a copy of the Agreement Articles is
attached hereto as Exhibit “A.”
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of January, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
_______________________________
Vice Mayor – Mack McCray
_______________________________
Commissioner – Jerry Taylor
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Wayne Segal
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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7. B
BIDS AND PURCHASES OVER $100,000
January 15, 2013
COBB
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GENDA TEM EQUEST ORM
CMD:
January 15, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-003 -
EQUESTED CTION BY ITY OMMISSION
Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for
the Reclaimed Water Main to Galaxy Elementary School project, Bid No. 011-2821-13/DJL in the
amount of $155,642 plus a 10% contingency of $15,564 if needed, for staff approval of change
orders for unforeseen conditions for a total expenditure of $171,206.
ER:
On October 26, 2012, the City of Boynton Beach advertised
XPLANATION OF EQUEST
an Invitation to Bid for the Reclaimed Water Main to Galaxy Elementary School project, Bid
No. 011-2821-13/DJL. Bid proposals were received and publicly opened on November
28, 2012. Eight (8) bids were received, and B & B Underground Contractors, Inc. (B & B
Underground) was identified as the apparent low bidder. The Engineer of Record for the
project, Mathews Consulting, conducted reference checks for the two (2) lowest
bidders. It is important to note that the bid submitted by B & B Underground is
approximately 35% lower than the second lowest bidder. Due to this differential in
price, Mathews Consulting contacted B & B Underground to determine if their bid was
flawed in any way. B & B Underground assured Mathews Consulting that their prices
are guaranteed with the understanding that no change orders will be issued unless
absolutely warranted. Based upon this information, Mathews Consulting, Procurement/
Finance, and the Utilities Department recommend awarding the contract to B & B
Underground as the lowest responsive, responsible bidder. Attached are the
Procurement/Finance memorandum, Mathews Consulting’s recommendation letter, and
B & B Underground’s bid.
The scope of work for this project includes all fittings, valves, meter vaults, connections to
existing systems, and all incidentals and appurtenances for installation of new 6-inch PVC
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th
DR18 C900 reclaimed water main piping along NW 4 Avenue from Seacrest Boulevard
to the new Galaxy Elementary School and Galaxy Park.
B & B Underground was the lowest most responsive, responsible bidder who met all
specifications.
H?
The new pipeline will supply
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
reclaimed water for irrigation to the new Galaxy Elementary School and Galaxy Park.
Galaxy Elementary School is being reconstructed and is aiming to be the first
elementary school to earn a Platinum LEED (Leadership in Energy and Environmental
Design) rating, which is the highest environmental rating from the U.S. Green Building
Council. The new school will be a showcase for the City of Boynton Beach, and it is
located on the main thoroughfare into the City. The use of reclaimed water is an
important component of the project, which will help the school attain the Platinum LEED
rating.
FI:
Total authorized funding for the project including the 10% contingency
ISCAL MPACT
is $171,206.00. Funding is available in the Utilities CIP budget. Additionally, the City has
executed an Interlocal Agreement with the School District of Palm Beach County for a
50/50 share of the construction cost for this project. Therefore, the School District will
reimburse the City for 50% of the final construction cost. The project number is
REU004 and is budgeted under account 404-5000-536-65-11.
A:
Since the reclaimed water is an integral component of the Galaxy
LTERNATIVES
Elementary School project, there is no feasible alternative at this time.
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RESOLUTION R13-003
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND B & B
UNDERGROUND CONTRACTORS, INC., FOR RECLAIMED
WATER MAIN TO GALAXY ELEMENTARY SCHOOL PROJECT
IN RESPONSE TO BID NO. 011-2821-13/DJL IN THE AMOUNT OF
$155,642 PLUS A 10% CONTINGENCY OF $15,564 FOR
UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF
$171,206; AUTHORIZING EXECUTION BY THE CITY MANAGER
AND CITY CLERK ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 28, 2012 Procurement Services received and opened
eight (8) bids in response to Bid 011-2821-13/DJL for Reclaimed Water Main to Galaxy
Elementary School project; and
WHEREAS, after reviewing the bids submitted, Mathews Consulting, Procurement
Services and the Utilities Department all recommend awarding the Contract to B & B
Underground Contractors, Inc., as the lowest, most responsive, responsible bidder who met
all specifications; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it in
the best interest of its residents and citizens to approve the Contract for Reclaimed Water
Main to Galaxy Elementary School project with B & B Underground Contractors, Inc., of
Royal Palm Beach in the amount of $155,642 plus a 10% contingency of $15,564 for a total
expenditure of $171,206.
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 approve the Contract for Reclaimed Water Main to Galaxy Elementary School project
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with B & B Underground Contractors, Inc., of Royal Palm Beach in the amount of $155,642
plus a 10% contingency of $15,564 for a total expenditure of $171,206 and authorize the City
manager and City Clerk to execute the Contract, a copy of which is attached hereto as
Exhibit “A”.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ___ day of January, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Wayne Segal
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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BID TITLE: RECLAIMED WATER MAIN TO GALAXY ELEMENTARY
SCHOOL
BID NUMBER: 011-2821-13/DJL
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this _______ day of ________________, 20___, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida hereinafter called the
“CITY” or “OWNER” and B & B UNDERGROUND CONTRACTORS, INC, a Florida Corporation
hereinafter called “CONTRACTOR”.
WITNESSETH
WHEREAS, The CITY has heretofore invited bids for a CITY construction project
(“Project”) identified by the bid title, bid number and project number listed above and commonly
referred to as:
RECLAIMED WATER MAIN TO GALAXY ELEMENTARY SCHOOL
WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by
the City, submitted a bid on the 28th day of November, 2012, for the total bid amount of
$155,642.00; and,
WHEREAS, On the 15th day of January, 2013, the CITY Commission designated
CONTRACTOR as having submitted the bid that was most advantageous to the CITY and
authorized the execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within ninety (90) calendar days as specified in the Notice to
Proceed, subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY hereby hires the CONTRACTOR to provide construction
services for completion of the Project.
1.1.3. The CONTRACTOR hereby accepts this Contract and agrees to furnish the
necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in this
Contract and the Contract Documents for the price and amounts set forth
in CONTRACTOR’s bid.
1.1.4. CONTRACTOR is an independent contractor as that term is set forth in
the General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2.SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The “Contract Documents” are the compilation of the following individual
documents which are hereby not listed in any order of precedence.
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) – all references to “GC” shall be
to section numbers
2.2.6 Construction Contract
2.2.7 Certificate of Insurance
2.2.8 Public Construction Bond
2.2.9 Technical Specifications
2.2.10 Contract Drawings and Plans
2.2.11 Addenda
2.2.12 Written directives or interpretations
2.2.13 Manufacturers warranties
3.OBLIGATIONS OF CONTRACTOR
3.1. CONTRACTOR shall:
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3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this Contract. All of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the conditions
contained in said Contract Documents and expressly agrees to comply with
every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors’ work or subcontractor’s supplying of material to
CONTRACTOR and shall maintain records to establish such notice. A
copy of said notice shall be provided to the CITY’s Project Manager at
time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in
the General Conditions for Construction GC-24, WARRANTY. Warranty
period shall commence with date of final acceptance as set forth in the
Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment that may have been used or worked on by
the CONTRACTOR in connection with the project promptly from streets,
alleys, parkways and adjacent property as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the CITY of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the CONTRACTOR’s bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Provide all required bonds, insurance certificates and any other required
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security for performance of the Project within ten (10) days of the Award
of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at CONTRACTOR’s own cost any damage or injury
occurring from any cause resulting from their acts or omissions, or the acts or
omissions of their subcontractors or suppliers.
4.CITY’S OBLIGATIONS
4.1. The CITY shall provide a written Notice to Proceed at the time of the scheduled
Pre-Construction Meeting.
4.2. The CITY shall make timely payments for the work in accordance with the
procedures and time frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, the CITY shall provide a written final
acceptance and payment for the entire project.
5.COMMENCEMENT OF WORK
5.1. Prior to commencement of work, the CITY and CONTRACTOR shall negotiate
and agree upon CONTRACTOR’s per diem direct job site costs and home office
overhead costs. The negotiated amounts shall be used for purposes of determining
the compensation to be paid to CONTRACTOR for a suspension, field change
directive, or any other instance wherein GC-23, EXTENSION OF TIME/NO
DAMAGES FOR DELAY does not apply. In order to facilitate an agreement as
to amount, CONTRACTOR agrees to permit the CITY to audit records which
establish CONTRACTOR’s direct job site costs and home office overhead.
The CITY and CONTRACTOR shall attach an addendum to this Contract which
sets forth the negotiated amounts. If the parties are unable to reach an agreement
for such costs within sixty (60) days of the CITY selecting CONTRACTOR for
the Project, the City shall be entitled to discontinue all discussions with
CONTRACTOR, select another contractor, or cancel the bid entirely. In such an
instance, the awarded Contractor shall not be entitled to receive any funds from
CITY for costs incurred from the time of its bid to the time of the CITY’s
decision not to utilize CONTRACTOR’s services. CONTRACTOR shall not be
entitled to any damages or compensation as a result of CONTRACTOR’s reliance
on its award of the bid.
5.2. CONTRACTOR hereby agrees to commence Work under this Contract within ten
(10) calendar days of the Commencement Date specified in the written “Notice to
Proceed,” and to achieve Substantial Completion without interruption within 90
calendar days thereafter.
5.3. With respect to this Contract, time is of the essence. . In the event the
CONTRACTOR shall fail to (1) timely commence the work following Notice to
Proceed or (2) fail in the performance of the work specified and required to be
performed within the time limit set forth in the Contract, after due allowance for
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any extension or extensions of time made in accordance with the Contract
Documents, the CONTRACTOR shall be liable to the CITY for liquidated
damages the amount stipulated in Section 6.0 herein below for each and every
calendar day that the CONTRACTOR shall be in default of achieving of
Substantial Completion.
5.4. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR’S bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any subcontractor that CITY may, within a reasonable time, object to as
incompetent or as unfit.
6.LIQUIDATED DAMAGES
6.1. The CONTRACTOR agrees to pay $500.00 per day as liquidated damages, for
failure to begin within ten (10) days of CITY’S issuance of the “Notice to
Proceed” or failure to achieve Substantial Completion within ninety (90) calendar
days from the Commencement Date as indicated in the written “Notice to
Proceed”. The CITY shall have the right to deduct such liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period at the discretion of the CITY, Liquidated Damages may
be applied as described in Section 6 above.
7.PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS.
8.INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY
pursuant to the provisions set forth in General Conditions for Construction, GC-
26 - INDEMNITY.
9.PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
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Documents.
9.2. The CITY reserves the right to negotiate any and all amounts contained in the
bidding and contract documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the Work. At the CITY’s
discretion, the CITY may make direct purchases of any materials and
equipment purchased for, or to be incorporated into the Project, as determined
by the CITY.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
All such work shall be executed under the conditions of the original Contract.
Any claim for extension of time caused thereby shall be made in writing at the
time such change is ordered. Changes in the work must be processed as set forth
in the General Conditions for Construction GC-46, FIELD CHANGE
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order
shall be authorized by the CITY if the CONTRACTOR has added language to the
Field Change Directive or Change Order or to any cover letter, e-mail, facsimile,
or other written document which accompanies the Field Change Directive or
Change Order in which the CONTRACTOR attempts to reserve any future right
or claim arising out of the work which is the subject of the Field Change Directive
or Change Order. If the CONTRACTOR adds such language, specific written
authorization will be secured from the CITY Manager’s office before executing
the Field Change Directive or Change Order.
10.2hange orders and adjustments shall be in writing and approved by the CITY,
C
otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current Contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer (“Engineer”) is MATHEWS CONSULTING, INC.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the Work whenever such stoppage
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may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the Contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the CITY who shall make the final decision.
12.INSURANCE
12.1. The CONTRACTOR shall obtain and maintain insurance as set forth in the
General Conditions for Construction GC-27, INSURANCE.
13.CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the CITY Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the CITY
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY’s Project Manager. In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction, technical specifications, and finally by the balance
of the Contract Document.
14.TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the Work are for the purpose of enabling the
CITY to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15.REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
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CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the Work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the Work within the time allocated by this Contract.
15.4. All requests for extension of time to complete the Work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase “the CITY, its agents and employees”
shall include but shall not be limited to the Project Engineer and Project Manager.
16. SUSPENSION
16.1. In accordance with the General Conditions for Construction GC-19,
SUSPENSION, in the event of a suspension, CONTRACTOR agrees that its sole
compensation shall be the per diem direct job site overhead as set forth in the
Schedule of Bid Items.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
17. DISPUTES
17.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
17.2. Upon resolution of a dispute by the CITY, either party may request the
appointment of a mediator.
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
CITY Manager, attested to by the CITY Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
_____________________________ ______________________________________
City Manager
Attest: Approved as to Form:
_____________________________ ______________________________________
City Clerk City Attorney
Signed, sealed and witnessed CONTRACTOR
in the presence of:
_____________________________ ______________________________________
President or Vice President
_____________________________ ______________________________________
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On this ______ day of _______________, 20___, personally appeared before me, duly authorized to
administer oaths, ______________________________________________ known to be the persons
described herein or who has produced ______________________________ as identification and
who executed the foregoing instrument and has acknowledged before me that they have executed
same.
_________________________________
Notary Public
My Commission Expires:
BOND NO.:___________ PERFORMANCE BOND
NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County,
Florida. Proof of recordation must be submitted along with this Form. One (1) set of
originals will be required.
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KNOW ALL MEN BY THESE PRESENTS: that __________________________________
(insert name of Contractor)
________________________________________________________ as Principal,
(address or legal title of Contractor)
hereinafter called Contractor, and __________________________________________________
(name and address of Surety)
______________________________________________________________________________
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, in the amount of ____________________________________________________
Dollars ($_____________________), for payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS,
Contractor has by written agreement dated ______________________________, 20____, entered
into a contract with Owner for ______________________________________________ in
accordance with drawings and specifications prepared by _____________________________
which contract is by reference made a part of hereof, and is hereinafter referred to as the
Contract.
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NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the
Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the most responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the most responsible bidder,
arrange for a contract between such bidder and Owner, and make available as work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term “balance of the contract price”, as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on
which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Owner named herein or the heirs, executors, administrators or successors of the Owner.
This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A
claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish
labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice
that he intends to look to the bond for protection. A claimant who is not in privity with the
Contractor and who has not received payment for his labor, materials, or supplies shall, within 90
days after performance of the labor or after complete delivery of the materials or supplies,
deliver to the Contractor and to the Surety written notice of the performance of the labor or
delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or
supplies may be instituted against the Contractor or the Surety unless both notices have been
given. No action shall be instituted against the Contractor or the Surety on the bond after one (1)
year from the performance of the labor or completion of delivery of the materials or supplies.
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Signed and sealed this __________ day of ____________________, 20____.
_______________________________________
Principal (Seal)
________________________________
Witness
_______________________________________
Title
_______________________________________
Surety
________________________________
Witness
_______________________________________
Attorney-in-Fact
END OF PERFORMANCE BOND
BOND NO.:___________ PAYMENT BOND
NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County,
Florida. Proof of recordation must be submitted along with this Form. One (1) set of
originals will be required.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR
OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF
THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that ___________________________________
(insert name of Contractor)
________________________________________________________ as Principal,
(address or legal title of contractor)
hereinafter called Principal, and ___________________________________________________
(name and address of Surety)
______________________________________________________________________________
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
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called Owner, for the use and benefit of claimants as here below defined, in the amount of
_______________________________________________________________________ Dollars
($_____________), for payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated ______________________________, 20____, entered into
a contract with Owner for ______________________________________________
__________________________________________________________________ in accordance with
drawings and specifications prepared by _____________________________ which contract is by
reference made a part of hereof, and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal
shall promptly make payment to all claimants as hereinafter defined, for all labor and material
used or reasonably required for use in the performance of the Contract, then this obligation shall
be null and void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material or both, used or reasonably required for use
in the performance of the Contract, labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of a
period of ninety (90) days after the date on which the last of such claimant’s work or labor
was done or performed, or materials were furnished by such claimant, may sue on this bond
for the use of such claimant, prosecute the suit to final judgment for such sum or sums as
may be justly due claimant, and have execution thereon. The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall have
given written notice to any two of the following: the Principal, the Owner, or the Surety
above named, within ninety (90) days after such claimant did or performed the last of the
work or labor, or furnished the last of the materials for which said claimant is made,
stating with substantial accuracy the amount claimed and the name of the party to whom
the materials were furnished, or for when the work or labor was done or performed. Such
notice shall be served by mailing the same by registered mail or certified mail, postage
prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where
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an office is regularly maintained for the transaction of business, or served in any manner
in which legal process may be served in the State in which the aforesaid project is
located, save that such service need not be made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work on
said Contract, it being understood, however, that if any limitation embodied in this bond
is prohibited by any law controlling the construction hereof such limitation shall be
deemed to be amended so as to be equal to the minimum period of limitation permitted
by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other
political subdivision of the State in which the Project, or any part thereof, is situated, or
in the United States District Court for the district in which the Project, or any part thereof,
is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which
may be filed of record against said improvements, whether or not claim for the amount of
such lien be presented under and against this bond.
5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended.
A claimant, except a laborer, who is not in privity with the Contractor and who has not
received payment for his labor, materials, or supplies shall, within 45 days after beginning to
furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor
with a notice that he intends to look to the bond for protection. A claimant who is not in
privity with the Contractor and who has not received payment for his labor, materials, or
supplies shall, within 90 days after performance of the labor or after complete delivery of the
materials or supplies, deliver to the Contractor and to the Surety written notice of the
performance of the labor or delivery of the materials or supplies and the nonpayment. No
action for the labor, materials, or supplies may be instituted against the Contractor or the
Surety unless both notices have been given. No action shall be instituted against the
Contractor or the Surety on the bond after one (1) year from the performance of the labor or
completion of delivery of the materials or supplies.
Signed and sealed this __________ day of ____________________, 20____.
_______________________________________
Principal (Seal)
__________________________________
Witness
_______________________________________
Surety
__________________________________
Witness
_______________________________________
Attorney-in-Fact
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END OF PAYMENT BOND
STATE OF FLORIDA
COUNTY OF__________________________________, being first duly sworn, deposes and says
as follows:
He is ____________________ of _____________________________________________,
(Title) (Name of Corporation or Firm)
a Florida Corporation (______) Check One
a Florida General Partnership (______)
a Florida Limited Partnership (______)
a Sole Proprietor (______)
which is named in Construction Contract dated the _______ day of _______________________,
20____, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida
as the OWNER, for the construction of
_________________________________________________ and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application for
Payment dated ______________________, passes to the Owner at the time of payment free and
clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final
Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
____________________________________
Affiant
Sworn to and subscribed before me this
________ day of _____________________, 20___
________________________________________
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
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END OF WARRANTY OF TITLE
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires
appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by
providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of
Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies
providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher.
(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is
provided upon selection of vendor.)
The following is a list of types of insurance required of
contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all
inclusive, and the City reserves the right to require additional types of insurance, or to
raise or lower the stated limits, based upon identified risk.)
-------------------------------------------------------------------------------------------------------------------------------------------
TYPE MINIMUM LIMITS REQUIRED
(Occurrence Based Only)
-------------------------------------------------------------------------------------------------------------------------------------------
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (any one fire) $ 50,000.00
Employees & Officers Med. Expense (any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
-------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
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Builder's Risk Limits based on Project Cost
-------------------------------------------------------------------------------------------------------------------------------------------
Other - As Risk Identified to be determined
----------------------
---------------------------------------------------------------------------------------------------------------------
INSURANCEADVISORYFORM Revised 11/2012
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7. C
BIDS AND PURCHASES OVER $100,000
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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. R13-004 -
EQUESTED CTION BY ITY OMMISSION
Approve the purchase of new replacement vehicles as approved in the FY 2012/13 budget in the
estimated amount of $3,028,973 and to approve 5 units in the estimated amount of $160,324 for
an estimated total of $3,189,297, by utilizing the following contracts; State of Florida Contract
#01-071-000-C, State of Florida Contract #760-000-10-1, City of Venice, FL ITB #2954-12-2013,
Florida Sheriffs Association Contract #12-10-0905, Florida Sheriffs Association Contract #11-10-
1202, and Florida Sheriffs Association Contract #12-20-0905.
ER:
The Fleet Administrator recommends the annual purchase
XPLANATION OF EQUEST
of fifty replacement vehicles collectively for Solid Waste, Fire Rescue, Police, Grounds
& Maintenance, Utilities, Recreation and Cemetery, as approved in the Fiscal Year
2012/13 budget. Attached is a spreadsheet (Exhibit 1) indicating vendor, number of
units ordered, user department, bid/contract information and cost.
Some of the units being replaced differ from the units that were originally submitted after
re-evaluating equipment; budget increases will not be necessary due to changes.
Furthermore, the Fleet Maintenance Division jointly with the other departments
aforementioned were able to right-size vehicles & equipment which will subsequently
reduce fuel costs and lower our overall carbon footprint.
Additionally, 5 police units were in accidents during the FY11/12 budget year. These
units were deemed totaled and never replaced due to the pending proposal from Palm
Beach County Sheriff’s office; thus the request for additional funds. Fleet Maintenance
recommends the following vendors for vehicle purchases:
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A. Palm Peter Built Truck Centers $1,464,313 off of the Florida Sheriffs
Association Contract #12-10-0905 for 7 units scheduled for the Solid Waste
Department
B. Container Systems & Equipment Co. Inc. $218,305 piggy back City of Venice
ITB #2954-12-2013 for 1 unit scheduled for Solid Waste Department
C. ETR Vehicles LLC for $186,947 off of the Florida Sheriffs Association
Contract #11-10-1202 for 1 unit scheduled for Fire Rescue
D. Bartow Ford for $15,016 off of the Florida Sheriffs Association Contract #12-
20-0905 for one Fire Rescue unit scheduled for replacement.
E. ARS Power Sports for $7,269 off of the Florida Sheriffs Association Contract
#12-10-0905 for one Recreation unit slated for replacement
F. Alan Jay Automotive Network $93,521 off of the Florida Sheriffs Association
Contract #12-20-0905 for 3 Police units slated for replacement
G. Don Reid Ford for $75,448 off of the Florida Sheriffs Association Contract
#12-20-0905 for 4 police units slated for replacements
H. Duval Ford $618,431 off of the Florida Sheriffs Association #12-20-0905
Contract for 20 units including Police, Fire Rescue, Utilities and Solid Waste.
I. Garber Fleet Sales for $302,799 off of the State of Florida Contract #01-071-
000-C for 9 police units
J. Trekker Tractor for $30,464 off of Florida Sheriffs Association Contract #12-
10-0905 for one unit slated for Utilities
K. Westco Turf for $16,460 off of the State of Florida Contract #760-000-10-1 for
one unit slated for Cemetery.
The sum for the aforementioned units equates $3,028,973; the budgeted amount was
$3,029,000. See attachment for a complete allocation listing of equipment to be
replaced.
The five police units replaced total $ 160,324, which consists of:
A. Garber Fleet Sales for $136,324 off of the State of Florida Contract #01-071-
000-C for 4 Chevy Caprice police units.
B. Bruce Rossmeyer’s Harley Davidson for $24,000 off of the Florida Sheriffs
Association Contract #12-20-0905 for one police motorcycle unit.
Note- Risk Management has received funds through subrogation for two of the crashed
units and additional insurance funds are anticipated once the remaining vehicles are
disposed of thus determining the salvage value.
H?
The fifty (50) replacement vehicles
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
are being purchased according to a lifecycle allowing maximum vehicle efficiency that
minimizes annual maintenance charged to each of the operating departments and
reducing downtime.
FI:
Funds are budgeted under the Fleet Maintenance Fund account
ISCAL MPACT
number 501-2516-519-64-33 in the amount of $3,029,000 and Department anticipates
utilizing the insurance proceeds it receives during this fiscal year from the vehicles
involved in accidents in FY11/12. Maintenance cost will be significantly lower due to the
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new equipment being purchases. Fuel usage will also be reduced due to the use of fuel
efficient vehicles. All agencies have complied with public contract bid requirements that equal
or exceed the City of Boynton Beach bid requirements.
A:
To defer or not purchase selected replacement or new vehicles beyond
LTERNATIVES
those already deferred in the FY 2012/13 budget cycle. However, deferring purchases
will increase departmental maintenance costs.
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RESOLUTION NO. R13-004
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVE THE
PURCHASE OF NEW AND REPLACEMENT VEHICLES
UTILIZING THE STATE OF FLORIDA CONTRACT #01-
071-000-C, STATE OF FLORIDA CONTRACT #760-000-10-1,
CITY OF VENICE, FLORIDA ITB #2954-12-2013, FLORIDA
SHERIFFS ASSOCIATION CONTRACT #12-10-0905,
FLORIDA SHERIFFS ASSOCIATION CONTRACT #11-10-
1202 AND FLORIDA SHERIFFS ASSOCIATION
CONTRACT #12-20-0905 AS APPROVED IN THE FISCAL
YEAR 2012/13 BUDGET IN THE ESTIMATED AMOUNT OF
$3,189,297; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fleet Administrator recommends the annual purchase of fifty
replacement vehicles for City departments as approved in the fiscal Year 2012/13 budget;
and
WHEREAS, the replacement vehicles are being purchased according to a life cycle
allowing maximum vehicle efficiency that minimizes annual maintenance; and
WHEREAS, all agencies and the Florida Sheriffs Association have complied with
public contract bid requirements equal to or which exceeds Boynton Beach’s requirements.
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 of the City Of Boynton Beach, Florida, hereby
approves the purchase of new and replacement vehicles utilizing the State of Florida Contract
#01-071-000-C, State of Florida Contract #760-000-10-1, City of Venice, Florida ITB
#2954-12-2013, Florida Sheriffs Association Contract #12-10-0905, Florida Sheriffs
Association Contract #11-10-1202 and Florida Sheriffs Association Contract #12-20-0905 as
approved in the fiscal year 2012/13 budget in the estimated amount of $3,189,297.
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Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this _____ day of January, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Wayne Segal
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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7. D
BIDS AND PURCHASES OVER $100,000
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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:
Award the "TWO-YEAR BID FOR DUMPSTER
EQUESTED CTION BY ITY OMMISSION
REPAIRS", Bid #018-2515-13/JMA to IES Sales and Service, LLC of Opalocka, Florida for a two
(2) year period to be utilized on an "AS NEEDED BASIS" with an estimated expenditure of
$140,000 for the two year period. Bid provides for two (2), one (1) year extensions.
BT:J16,2013J15,2015
ID ERM ANUARY THRU ANUARY
ER:
On December 11, 2012, Procurement Services opened and
XPLANATION OF EQUEST
tabulated five (5) bids. All bids were reviewed by the Public Works Department and it
was determined that IES Sales and Service, LLC of Opalocka, FL, was the lowest, most
responsive, responsible bidder who met all specifications. Jason Yaeger, Solid Waste
Supervisor, concurs with this recommendation (see attached Memo #12-071). This
award will provide the ability for the City to have repairs done off site at the vendors
facilities and if needed on site at City facilities (at a higher cost).
Previous years expenditures are as follows:
FY12 $27,754
FY11 $59,971
FY10 $41,750
FY09 $74,652
H?
The purpose of the Bid was to seek
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
a source to provide the Public Works/Solid Waste with a cost effective and timely
404 of 634
service for the repair of the City’s dumpsters for a period of two (2) years. Service will
be provided on an “AS NEEDED BASIS”.
FI:
Funds for this repair service have been budgeted in the Solid Waste
ISCAL MPACT
Fund previously and in FY13 under account number 431-2515-534-46-93.
A:
The only alternative to this Bid would be not to repair the dumpsters and
LTERNATIVES
replace them, which would not be in the best interest of the City.
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9. A
PUBLIC HEARING
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
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. 13-001 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve the historic designation application for the Boynton High School located at
125 East Ocean Avenue, Boynton Beach
ER:
The Boynton High School is currently the subject of a
XPLANATION OF EQUEST
redevelopment proposal to repair the structure and adapt it to a multi-use facility. The
site is located on Ocean Avenue and is a key element in the city’s downtown
redevelopment efforts. The City of Boynton Beach currently owns the site; however,
ownership will be transferred to the developer when conditions outlined in the
development agreement are met. To assist with the funding of the redevelopment, the
developer intends to apply for financial incentives that are available for historically
designated sites. As the current owner of the property, the City of Boynton Beach is
applying for historic designation of the site prior to the transfer of ownership to expedite
the development timeline.
To qualify as a historic site, a property must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, feeling, and association.
The site must also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the
broad patterns of the City’s history;
b. Association with the lives of persons significant in the City’s past;
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c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction;
d. Has yielded, or may be likely to yield, information important in prehistory
or history; or
e. Is listed in the National Register of Historic Places.
The subject property contains a two-story school building built in 1927 during the Florida
Boom Period (1919 – 1929). The school was designed by William Manley King, the
architect of many Palm Beach County schools and other notable buildings such as the
National Guard Armory in West Palm Beach. The High School is designed mostly in the
Mediterranean Revival style but also shows elements of the up and coming Art Deco
style which flourished in the early 1930s. The building is a hybrid of the two styles and is
significant in the history of Art Deco.
The site was added to the Florida Master Site File inventory in 1986. The 1996 update
describes the school as “a fine example of the Mediterranean Revival style”.
The structure retains many original architectural features both externally and internally.
External alterations include a change in window design on the east and west elevations
likely due to repairs carried out after the 1928 hurricane, replacement of almost all of the
original wood windows with metal frame awning windows, and the installation of
external AC units in a number of the original window openings. While these alterations
have affected the original character and design to some degree, the changes to the east
and west elevations are appropriate for the architectural style and have attained historic
significance in their own right, especially if they are associated with the 1928 hurricane.
Further, the metal frame windows can be replaced with windows of a more appropriate
style, and the AC units can be removed.
The building appears to be in fair condition; however, reports from 2011 list a number of
required repairs including roof repairs, interior plasterwork repairs, interior floor repairs,
replacement of electrical, plumbing, and mechanical systems, and removal of
hazardous materials. The 2011 structural report describes the building as being in “fair
structural condition, albeit, having areas of noted deterioration/damage requiring repair
and/or replacement”.
As detailed in the designation application, the site meets criteria “a” and “c” from the
above list as it has:
“Association with events that have made a significant contribution to the broad patterns
of the City’s history”, and it
“Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction.”
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Further, the subject property exhibits significance in a local context in the areas of
architecture and education, and, although some alterations have been undertaken and
a number of repairs are required, it retains much of its integrity.
Therefore, based on the above described qualities, the site meets the required criteria
and is eligible for historic designation and inclusion on the Boynton Beach Register of
Historic Places.
Based on previous discussions, it is anticipated that the Historic Resources
Preservation Board (HRPB) will recommend approval of the application at its meeting
on January 14, 2013. An update of the HRPB recommendation will be provided at the
City Commission meeting.
H?
The property will be added to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Boynton Beach Register of Historic Places, designation will help raise public awareness
of the City’s Historic Preservation Program, and, historic designation will open up
financial incentives for the proposed redevelopment of the site which will in turn
contribute to the city’s downtown regeneration plans.
FI:
Designation will open up financial incentives to the developer and help
ISCAL MPACT
finance the development project. The successful completion of the project will bring a
currently vacant property back into use resulting in increased property tax revenues.
The proposed new use will attract a greater number of visitors to the downtown area
and will contribute to the downtown regeneration plan.
A:
Do not approve the historic designation application.
LTERNATIVES
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ORDINANCE NO. 13-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, DESIGNATING THE
PROPERTY KNOWN AS THE BOYNTON HIGH SCHOOL
LOCATED AT 125 EAST OCEAN AVENUE, WHICH IS
MORE FULLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING A NON-SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
Development Regulations provides for the designation and protection of historic sites in the City
of Boynton Beach; and
WHEREAS, the Boynton High School, a two-story school building built in 1927, is
designed mostly in the Mediterranean Revival style but also shows elements of the up and
coming art Deco style which flourished in the early 1930s; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a
designation report for the designation of the Boynton High School as a historic site and held a
duly noticed public hearing in regard to the designation of the property as an historic site at
which no member of the public spoke in opposition to the designation of the property as an
historic site; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach on January
14, 2013 recommended that the Boynton High School be designated a historic site; and
WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly
noticed public hearing in regard to the designation of the Boynton High School as a historic site.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. The Boynton High School is located at 125 East Ocean Avenue, which is
legally described on the survey which is attached and incorporated into this Ordinance as
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Exhibit "A", and is hereby designated as the Boynton High School Historic Site in accordance
with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton
Beach Land Development Regulations.
Section 3. It is the intention of the City Commission of the City of Boynton Beach
that this Ordinance and each and every of its terms be considered a part of a single whole and
that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its
entirety.
Section 4. This Ordinance shall become effective immediately upon its passage and
adoption.
FIRST READING this ____ day of ____________, 2013.
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SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner- Wayne Segal
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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9. B
PUBLIC HEARING
January 15, 2013
COBB
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January 15, 2013
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-005 -
EQUESTED CTION BY ITY OMMISSION
Approve amendment to the Neighborhood Stabilization Program 3 (NSP3) to expand target
areas and revise financing mechanism for Ocean Breeze subdivision
ER:
For NSP3, the City of Boynton Beach has received $1,168,808. As
XPLANATION OF EQUEST
required by NSP3 program regulations, the Action Plan identified areas of greatest needs (target area)
utilizing HUD’s data and formula. Additionally the Plan allocated the available funds among eligible
activities to be expended within the target area. The areas of greatest needs identified in the original
NSP3 application were Census tracts 61, 62.01, and 62.03.
The following activities were included in the original application:
: Acquisition and rehabilitation of 3 S/F units……………………………………...$559,726
Activity #1
: Acquisition and rehabilitation of 2 S/F units (25% requirement available
Activity #2
to persons at or below 50% AMI)………………………………………………….……………$292,202
: Financing Mechanism for units for the Ocean Breeze Project (Direct
Activity # 3
Homeownership Assistance for Redevelopment)……………………………………….……$200,000
: Planning and Administration of the NSP-3 Program……………………………$116,880
Activity #4
Staff seeks approval to amend the NSP3 Action Plan to a) expand the target area; and b) revised
Activity #3 from Direct Homeownership Assistance to a forgivable Construction Loan.
Item a-Target Area Expansion: Due to limited availability and suitability of the existing units in the
original NSP3 target area, and upon further analysis of the data, staff recommends that the NSP 3
application be amended to include additional areas of greatest needs to its program. Based on HUD’s
data, the following areas are recommended to be added:
CT PA FRNS
ENSUS RACTSROPOSED CTIVITIESORECLOSURE ELATED EEDS CORES
61.00 #3] Ocean Breeze Project 20
62.01; 62.03 #1 & #2] Purchase & rehabilitation 62.01 – 20
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of five (5) units 62.03 – 19
Proposed Additional Census PA
ROPOSED CTIVITIES
FRNS
ORECLOSURE ELATED EEDS CORES
Tracts
#1 & #2] Purchase & rehabilitation 57.01- 20 60.03 - 19
57.01; 57.02; 60.02; 60.03; 60.05;
of 5 units 57.02 – 20 60.05 – 19
and 61
60.02 – 19 61 – 20
ASAAGN 19.5
VERAGE NEEDS CORE FOR LL REAS OF REATEST EED
Item b-Change to Activity #3: The proposed amendment to Activity # 3 consists of changing Financing
Mechanisms/Direct Homeownership Assistance/Use A to Forgivable Construction Loan/Use E, to provide
a construction loan to the Boynton Beach Faith-Based Community Development Corporation for the
construction of new housing in the Ocean Breeze project for sale to families between 50% and 120% AMI
in census tract 61.00. The original use of Activity #3 funds would occur after the housing units are
completed. This affects the City’s ability to meet the NSP3 expenditure deadlines. Using the funds for
construction of the houses still benefits the end buyer through either a development or an affordability
subsidy.
: Financing Mechanism for units for the Ocean Breeze Project
Activity # 3
Use A (Direct Homeownership Assistance for Redevelopment)
Use E (Forgivable Construction Loan)………………………………………………………….$200,000
The proposed changes were advertised, as required, for a period of 15 days on the City’s website and in
the local newspaper. No public comments were received.
H? The Amendment does not reduce the number of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
properties to be assisted but this action will expedite the expenditure of NSP3 funds to meet HUD
mandated NSP3 deadlines of March 2013 (50%) and March 2014 (100%).
FI: No additional funding required and $200,000 will now be used for the construction of new
ISCAL MPACT
affordable housing in Ocean Breeze subdivision.
A: Risk losing much needed federal funding.
LTERNATIVES
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RESOLUTION R13-005
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3)
TO EXPAND THE TARGET AREAS AND REVISE
FINANCING MECHANISM FOR OCEAN BREEZE
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Neighborhood Stabilization Program (NSP-3) allows entitlement
communities to purchase eligible properties that must be located in areas of greatest need
based upon the number of homes in foreclosure, number of homes with subprime mortgages
and areas likely to rise in foreclosure; and
WHEREAS, due to limited availability and suitability of the existing units in the
original NSP3 target area, and upon further analysis of the data, staff recommends that the
NSP-3 application be amended to include additional areas of greatest needs to its program;
and
WHEREAS, staff is proposing a change to the Financing Mechanisms/Direct
Homeownership Assistance to Forgivable Construction Loan/Use E to provide a construction
loan for the construction of new housing in the Ocean Breeze project; and
WHEREAS, upon the recommendation of staff, the City Commission deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to approve
amending the Neighborhood Stabilization Program 3 (NSP3) to expand the target areas and
revise financing mechanism for Ocean Breeze subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing “Whereas” clauses are true and correct and are hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
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approves the amendment to the Neighborhood Stabilization Program 3 (NSP3) to expand the
target areas and revise financing mechanism for Ocean Breeze subdivision.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ___ day of January, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Wayne Segal
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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12. A
NEW BUSINESS
January 15, 2013
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January 15, 2013
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RACC:
Discuss the Mayors Against Illegal Guns Letter
EQUESTED CTION BY ITY OMMISSION
ER:
Discuss consideration of the Mayor signing on behalf of the
XPLANATION OF EQUEST
city, a letter to President Obama from Michael R. Bloomberg (Mayor of New York City)
and Thomas M. Menino (Mayor of Boston) in support of an agenda that includes certain
gun legislation.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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December __, 2012
Dear President Obama,
th
On Friday, December 14 the entire nation watched as parents stood outside the Sandy Hook
Elementary School and waited, desperately hoping to be reunited with their children. That
moment will never end for the families of the twenty children and six adults who were murdered
that day at the school.
As mayors, we are charged with keeping our communities safe. But too many of us have sat
with mothers and fathers of children killed with guns. Twenty-four children enrolled in public
schools in your hometown Chicago were shot to death just last year.
At the moving memorial service on Sunday evening, you said: “If there can be one step we can
take to save another child or another parent or another town from the grief that’s visited Tucson
and Aurora and Oak Creek and Newtown and communities to Columbine to Blacksburg before
that, then surely we have an obligation to try.”
Our bipartisan coalition of more than 750 mayors has joined forces with over 700,000 Americans
and more than 100 survivors of deadly shootings, including the mass shootings you mentioned in
your remarks. Together, we urge you put forward an agenda that is rooted in common sense and
that will make it harder for dangerous people to possess guns, and easier for police and
prosecutors to crack down on them. That agenda should:
Require every gun buyer to pass a criminal background check:
Background checks are the only
systematic way to stop felons, domestic abusers and other dangerous people from buying firearms. These
checks are instantaneous and highly effective. Since its inception, the National Instant Criminal
Background Check System (NICS) has blocked firearms purchases at licensed dealerships by millions of
individuals who are barred by federal law from owning them. But criminals and other prohibited
purchasers avoid these checks by buying firearms, typically online and at gun shows, from unlicensed
“private sellers” who are not required by federal law to conduct the checks.Millions of gun sales —
estimated at more than 40 percent of the U.S. annual total — are conducted through private sellers. The Fix
Gun Checks Act (H.R.1781/S.436) would close this enormous gap in our laws by requiring a criminal
background check for every gun sale.
Get high capacity rifles and ammunition magazines off our streets:
Military-style weapons and high
capacity ammunition magazines have no appropriate civilian or sporting function. They are designed to kill
large numbers of people quickly. They are also disproportionately used to kill law enforcement officers;
approximately one out of five law enforcement officers slain in the line of duty are killed with assault
weapons. The time has come to review the federal assault weapons that expired in 2004 and draft a new
law that is clear and enforceable and will take these weapons out of our communities.
Make gun trafficking a federal crime:
Today, there is no clear and effective statute making gun
trafficking a crime. Prosecutors are instead forced to rely on a weak law prohibiting engaging in the
business of selling guns without a federal license, which carries the same punishment as trafficking chicken
or livestock. As a result, according to the Justice Department’s Inspector General, U.S. Attorneys decline
to prosecute 25 percent of those cases while declining only 9 percent of drug conspiracy cases. Mayors
Against Illegal Guns supports proposals to empower law enforcement to investigate and prosecute straw
purchasers, gun traffickers, and their entire criminal networks.
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Those ideas require action by Congress, but there steps you and your Administration could and
should take immediately to curb gun violence:
Appoint an ATF director:
The Bureau of Alcohol, Toboacco, Firearms & Explosives (ATF), the federal
agency responsible for enforcing our gun laws, has gone without a confirmed director for more than six
years. During that time, an estimated 72,000 Americans have been murdered with guns because criminals
and those with serious mental illness have been able to take advantage of insufficient enforcement of
existing federal gun laws. In 2011, for the first time in over a decade, more police officers were shot to
death in the line of duty than were killed in automobile accidents. The need for leadership at the ATF has
never been more urgent. The time has come for you to make a recess appointment to fill the vacancy at the
top of the ATF.
Prosecute prohibited purchasers who attempt to buy firearms, ammunition or high-capacity
magazines.
The Justice Department should vigorously prosecute felons and other prohibited purchasers
who fail gun background checks. In 2009, the Federal Bureau of Investigation referred more than 71,000
such cases to ATF, but U.S. Attorneys ultimately prosecuted only 77 of them. Prosecuting these offenders
is a goal broadly supported by our coalition and the National Rifle Association. The Department should
also develop a mechanism for sharing NICS denial information with local and state law enforcement
officials by sending them active alerts; or, at a minimum, posting the information at the National Criminal
Information Center so state and local law enforcement officials can access it during investigations.
Require federal agencies to report records to NICS:
The NICS Improvement Act requires federal
agencies to submit mental health, substance abuse and other records that prohibit a person from owning a
gun to NICS. However, few agencies comply. Fifty-two of 60 agencies listed in the FBI data obtained by
Mayors Against Illegal Guns in October 2011 have reported zero mental health records to NICS. Federal
agency reporting of mental health records increased by ten percent between March and October 2011, to a
combined total of 143,579, the vast majority of which were submitted by one agency, the Department of
Veterans Affairs. According to FBI data obtained in October 2011, only three federal agencies—the FBI,
the U.S. Coast Guard, and the Court Services and Offenders Supervision Agency (CSOSA), the probation
and parole services agency for the District of Columbia—have submitted any substance abuse records, and
the vast majority of federal agencies, including the Drug Enforcement Administration, have not submitted a
single substance abuse record. The president should issue an executive order requiring all federal agency
heads to certify twice annually, in writing, to the U.S. Attorney General that their agency has submitted all
relevant records to NICS.
Repeal remaining Tiahrt restrictions:
While Mayors Against Illegal Guns and our law enforcement
allies have made progress in relaxing the “Tiahrt restrictions,” which are riders to the federal budget that
restrict access to federal gun data, some still remain. These remaining restrictions keep the public,
particularly researchers and elected officials, in the dark about gun traffickers – specifically, who they are
and how they operate. It also requires the FBI to destroy records of approved NICS background checks
within 24 hours. That makes it harder to detect law-breaking dealers who fake their records, or to identify
straw buyers who undergo the checks on behalf of someone who couldn’t pass. The Tiahrt Amendments
also say ATF can’t require dealers to inspect their inventory, which could reduce the tens of thousands of
guns that go missing or are stolen each year. Finally, the police and other law enforcement agencies that
get trace data can’t use it in license revocation proceedings or in civil litigation. The administration should
repeal these restrictions in its next budget.
In the past few days, the American people came together in a national outpouring of grief and
sympathy for the families of victims slain in the mass shooting in Newtown. We share in that
grief. But our constituents are also outraged and looking for leadership from the White House.
We look forward to working with you to find a solution to gun violence in our country.
Sincerely,
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Thomas M. Menino Michael R. Bloomberg
Mayor of Boston Mayor of New York City
Coalition Co-Chair Coalition Co-Chair
CC: Majority Leader Harry Reid, U.S. Senate
Speaker John Boehner, U.S. House of Representatives
[UNDERSIGNED: MEMBERS OF MAYORS AGAINST ILLEGAL GUNS]
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13. A
LEGAL
January 15, 2013
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January 15, 2013
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 12-025 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve the historic designation application for the
Sophie Amichai House located at 229 SW 1st Avenue, Boynton Beach.
st
ER:
The owner of the property located at 229 SW 1 Avenue
XPLANATION OF EQUEST
has submitted an application to have the property designated as a historic site. If the
application is approved, the property will be added to the Boynton Beach Register of
Historic Places.
To qualify as a historic site, a property must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, feeling, and association.
The site must also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the
broad patterns of the City’s history;
b. Association with the lives of persons significant in the City’s past;
c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction;
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d. Has yielded, or may be likely to yield, information important in prehistory
or history; or
e. Is listed in the National Register of Historic Places.
The subject property contains a two-story residential structure built c.1922. The building
is a fine example of the Mission style of architecture constructed in Boynton Beach
during the Florida Boom Period (1919 – 1929). A number of Mission style buildings
have been demolished in recent years; therefore, this site is one of the few remaining in
the City. The site was added to the Florida Master Site File inventory in 1986 and the
entry was updated during the 1996 survey.
The structure retains many original architectural features and is in excellent condition.
Some minor alterations have been undertaken; however, the alterations do not
adversely affect the historic character, most are not visible from the public right-of-way,
and they are reversible.
As detailed in the designation application, the subject property is significant in a local
context for its architecture and, although some alterations have been undertaken, it
retains much of its integrity. The site also meets criteria “c” from the above list as it:
“Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction.”
Therefore, based on the above described qualities, the site meets the required criteria
and is eligible for historic designation.
The Historic Resources Preservation Board (HRPB) recommended approval of the
application at its meeting on December 10, 2012.
H?
The property will be added to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Boynton Beach Register of Historic Places and will help raise public awareness of the
City’s Historic Preservation Program.
FI:
Studies indicate that preservation programs can maintain, and in some
ISCAL MPACT
cases increase property values which benefit property tax revenues.
A:
Do not approve the historic designation application.
LTERNATIVES
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ORDINANCE NO. 12-025
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, DESIGNATING THE
PROPERTY KNOWN AS THE SOPHIE AMICHAI HOUSE
ST
LOCATED AT 229 SW 1 AVENUE, WHICH IS MORE
FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE;
PROVIDING A NON-SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
Development Regulations provides for the designation and protection of historic sites in the City
of Boynton Beach; and
WHEREAS, the Sophie Amichai House, a home which is a two-story residential
structure built c. 1922, is a fine example of the Mission style of architecture built in Boynton
Beach; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a
designation report for the designation of the Sophie Amichai House as a historic site and held a
duly noticed public hearing in regard to the designation of the property as an historic site at
which no member of the public spoke in opposition to the designation of the property as an
historic site; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach on December
10, 2012 recommended that the Sophie Amichai House be designated a historic site; and
WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly
noticed public hearing in regard to the designation of the Sophie Amichai House as a historic
site.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
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st
Section 2. The Sophie Amichai House is located at 229 SW 1 Avenue, which is
legally described on the survey which is attached and incorporated into this Ordinance as
Exhibit "A", and is hereby designated as the Sophie Amichai Historic Site in accordance with
and under the provisions of Chapter 4, Article XI, Section 6.C., of the City of Boynton Beach
Land Development Regulations.
Section 3. It is the intention of the City Commission of the City of Boynton Beach
that this Ordinance and each and every of its terms be considered a part of a single whole and
that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its
entirety.
Section 4. This Ordinance shall become effective immediately upon its passage and
adoption.
th
FIRST READING this 18 day of December, 2012.
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th
SECOND, FINAL READING AND PASSAGE this 15 day of January 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner- Wayne Segal
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
January 15, 2013
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January 15, 2013
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RACC:
PROPOSED ORDINANCE NO. 12-026 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve the historic designation application for the
Oscar Magnuson House located at 211 East Ocean Avenue, Boynton Beach.
ER:
The owner of the property located at 211 East Ocean
XPLANATION OF EQUEST
Avenue, the Community Redevelopment Agency (CRA), has submitted an application to
have the property designated as a historic site. If the application is approved, the
property will be added to the Boynton Beach Register of Historic Places.
To qualify as a historic site, a property must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, feeling, and association.
The site must also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the
broad patterns of the City’s history;
b. Association with the lives of persons significant in the City’s past;
c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction;
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d. Has yielded, or may be likely to yield, information important in prehistory
or history; or
e. Is listed in the National Register of Historic Places.
The subject property contains a two-story residential structure built c.1919 which is a
fine example of the early Frame Vernacular style built in Boynton Beach. The house
was built by Oscar Magnuson, a city pioneer and farmer, and is one of the oldest
houses in the City. The site was added to the Florida Master Site File inventory in 1986.
The entry was updated during the 1996 survey which described the building as an
“outstanding Frame Vernacular house”.
The structure is in good condition and retains many original architectural features,
especially on the interior where the extent and quality of the woodwork may make it
unique in the city. Some alterations have been undertaken, most notably the removal of
the front porch which is a character-defining element of this style. However, the building
retains many other significant architectural features, it displays a very high standard of
workmanship, it is one of the oldest structures in the city, and it is associated with a city
pioneer and his family who contributed to the prosperity of the Town and the City of
Boynton Beach. Further, if desired, an appropriate replacement porch could be built
using surviving pictorial evidence to create an appropriate design.
As detailed in the designation application, the subject property is significant in a local
context under the areas of architecture and city pioneer. Although some alterations
have been undertaken, it retains much of its integrity. The site also meets criteria “b”
and “c” from the above list as it has:
“Association with the lives of persons significant in the City’s past” and
“Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction.”
Therefore, the site meets the required criteria and is eligible for historic designation.
The Community Redevelopment Agency (CRA) Board approved submittal of the
application on November 13, 2012. The Historic Resources Preservation Board (HRPB)
recommended approval of the application at its meeting on December 10, 2012.
H?
The property will be added to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Boynton Beach Register of Historic Places and will help raise public awareness of the
City’s Historic Preservation Program.
FI:
Studies indicate that preservation programs can maintain, and in some
ISCAL MPACT
cases increase property values which benefit property tax revenues.
A:
Do not approve the historic designation application.
LTERNATIVES
553 of 634
ORDINANCE NO. 12-026
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, DESIGNATING THE
PROPERTY KNOWN AS THE OSCAR MAGNUSON HOUSE
LOCATED AT 211 EAST OCEAN AVENUE, WHICH IS MORE
FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE;
PROVIDING A NON-SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
Development Regulations provides for the designation and protection of historic sites in the City
of Boynton Beach; and
WHEREAS, the Oscar Magnuson House, a home which is a two-story residential
structure built c. 1919, is a fine example of the early Frame Vernacular style built in Boynton
Beach; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a
designation report for the designation of the Oscar Magnuson House as a historic site and held a
duly noticed public hearing in regard to the designation of the property as an historic site at
which no member of the public spoke in opposition to the designation of the property as an
historic site; and
WHEREAS, the Historic Preservation Board of the City of Boynton Beach on December
10, 2012 recommended that the Oscar Magnuson House be designated a historic site; and
WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly
noticed public hearing in regard to the designation of the Oscar Magnuson House as a historic
site.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
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Section 2. The Oscar Magnuson House is located at 211 East Ocean Avenue, which
is legally described on the survey which is attached and incorporated into this Ordinance as
Exhibit "A", and is hereby designated as the Oscar Magnuson Historic Site in accordance with
and under the provisions of Chapter 4, Article XI, Section 6.C., of the City of Boynton Beach
Land Development Regulations.
Section 3. It is the intention of the City Commission of the City of Boynton Beach
that this Ordinance and each and every of its terms be considered a part of a single whole and
that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its
entirety.
Section 4. This Ordinance shall become effective immediately upon its passage and
adoption.
th
FIRST READING this 18 day of December, 2012.
555 of 634
TH
SECOND, FINAL READING AND PASSAGE this 15 day of January 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner- Wayne Segal
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. C
LEGAL
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
January 15, 2013
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Commission policy guidance regarding prosecution
EQUESTED CTION BY ITY OMMISSION
or dismissal of City cross claims when main foreclosure action is dismissed.
ER:
The City is often joined as a party defendant in lender
XPLANATION OF EQUEST
foreclosure actions when the City has granted a SHIP or CDBG mortgage to the
property owner. The City’s claim is almost always subordinate to the lenders claim. The
filing of a foreclosure action by the lender constitutes a default under the terms of the
SHIP or CDBG mortgage. The City has a policy to always files a cross claim against
the property owner to protect its interest, with the hope that the value of the property is
enough for the City to recover some funds after the lender gets its share; and in the
event funds are insufficient, permits the City to obtain a judgment against the owner. For
the past several years the City’s hope has usually been dashed on the rocks thanks to
the stormy economy.
On occasion the lender will work out its claim against the property owner and will
dismiss its foreclosure lawsuit. CDBG and SHIP mortgages include terms that forgive
the loan in full if the owner resides on the property for a designated period of time. If the
owner continues to reside at the property, the dismissal of the foreclosure lawsuit by the
lender cures the default. In such cases, the City has the right to pursue its pending
cross claim which costs in the neighborhood of $395.00-$1,900.00 to file, depending
on the amount of the City’s claim. The City also has the right to dismiss the cross claim.
The former option gives the City the ability to obtain a final judgment, and some chance
to recover its costs and the mortgage albeit at additional cost to litigate; the latter offers
no chance to recover. The City may also attempt to negotiate payment of its fees and
costs with the owner, in exchange for agreeing to dismiss its cross claim.
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The City Attorney’s Office seeks Commission direction on establishing a general rule
(policy) that cross claims will or will not be dismissed when the main foreclosure case is
dismissed.
Recommendation: The City should contact borrower’s subsequent to the dismissal of
the underlying foreclosure action to negotiate payment of the fees and costs incurred in
defending the foreclosure action and filing a cross-claim. Upon settlement and payment
of these costs, the City should dismiss its cross claim.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
H:\_GOV CLIENTS\BB 306\_900182 GM\ItemCoverSheet.doc
594 of 634
MEMORANDUM
TO: Mayor
Members of the City Commission
CC: Lori LaVerriere, Interim City Manager
Janet M. Prainto, City Clerk
FROM: James A. Cherof, City Attorney
Stacey R. Weinger, Assistant City Attorney
DATE: December 4, 2012
RE: City of Boynton Beach (“City”) / Foreclosure Cross-Claims / Voluntary Dismissal
Due to the current economic climate, the City has been named as a party defendant in a number of
foreclosure actions. The City’s interest in these foreclosure actions arises from code
enforcement violations and fines that have accrued against the subject property; or from Home
Improvement Loans and Second Mortgages granted to the homeowner through the SHIP and
CDBG programs.
Foreclosure actions involve the following parties:
1. The foreclosing party: a bank, condominium association, or homeowner’s association;
2. The homeowner;
3. The City or CRA;
4. Any other persons or parties with an interest in the subject property.
595 of 634
Recently, the City Attorney’s Office received a Notice of Voluntary Dismissal in a foreclosure case.
The Notice of Voluntary Dismissal terminated the underlying foreclosure proceeding, thereby
resulting in the homeowner retaining title to the property.
The City’s interest in the foreclosure action arose from second mortgage granted by the City to
the homeowner. In order to protect its interest, the City filed a cross-claim against the
homeowner. In the event the property was sold due to the foreclosure, a cross-claim enables the
City to obtain a personal judgment against the homeowner for the amounts due and owing to the
City. Prior to the conclusion of the foreclosure action, the Plaintiff and homeowner reached an
agreement and the underlying foreclosure action was dismissed.
We seek direction as to how to proceed with the cross-claim. The terms of the City’s mortgage
agreement provide that the homeowner is responsible for:
1. Payment of all expenses reasonably incurred by the City because of the homeowner’s
failure to comply with the terms of the note and mortgage, including costs and attorney’s
fees on incurred on litigation involved in enforcing this obligation, and
2. If the agreement is breached, the entire unpaid principal balance of the note shall
immediately become due at the option of the City.
Since the City was named as a party to the foreclosure action, the City elected to accelerate the
entire loan balance against the homeowner. Further, the City incurred costs in filing a cross-claim
and defending the foreclosure action. Resolution of the City’s cross-claim is independent of the
dismissal of the underlying action. The following options are available to the City:
1. Dismiss the cross-claim;
2. Proceed to obtain a Final Judgment on the cross-claim; or
3. Seek to recover attorney’s fees from the homeowner, in exchange for the City agreeing to
voluntarily dismiss the cross-claim.
Please advise our office as to how we should proceed when this situation occurs.
JAC:SRW
H:\_GOV CLIENTS\BB 306\_900182 GM\MEMO 2012\2012-006 (Cross Claims and Voluntary Dismissal).doc
596 of 634
13. D
LEGAL
January 15, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 15, 2013
OMMISSION EETING ATE
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O CM’R
THERITY ANAGERS EPORT
A/P UB
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NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
Approval of ordinances amending Charter
EQUESTED CTION BY ITY OMMISSION
consistent with previous Commission direction:
TABLED ON DECEMBER 18, 2012
PROPOSED ORDINANCE NO. 12-020 - SECOND READING - PUBLIC HEARING - Adopt a
revised City Charter to provide for the designation of Geographic Boundaries for each municipal
voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter;
providing for a notice of an advertisement of the referendum election to be published in
accordance with the State of Florida Election Code; providing that this Ordinance, when adopted
shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March
2013 General Municipal Election Ballot;
PROPOSED ORDINANCE NO. 12-021 - SECOND READING - PUBLIC MEETING -
Amending the Charter to allow a City Commissioner to retain office for the balance of their term in
the event a District boundary change results in the Commissioner no longer residing in their
District; providing for a notice of an advertisement of the referendum election to be published in
accordance with the State of Florida Election Code; providing that this Ordinance, when adopted
shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March
2013 General Municipal Election Ballot;
PROPOSED ORDINANCE NO. 12-022 - SECOND READING - PUBLIC HEARING -
Amendments to current City Charter Section 19 regarding term limits; increasing the maximum
number of three year terms from two to three for a total of nine years that a member of the
Commission can serve consecutively; providing for a notice of an advertisement of the
referendum election to be published in accordance with the State of Florida Election Code;
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providing that this Ordinance, when adopted shall be submitted to the qualified electors of the
City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot;
PROPOSED ORDINANCE NO. 12-023 - SECOND READING - PUBLIC HEARING - Adopt a
revised City Charter to provide for the renumbering, revisions to eliminate ineffective non-
substantive language, correction of grammatical and punctuation errors, deletion of provisions
which are superseded or preempted by State law, and reorganized to consolidate related subject
matters; providing for a notice of an advertisement of the referendum election to be published in
accordance with the State of Florida Election Code; providing that this Ordinance, when adopted
shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March
2013 General Municipal Election Ballot.
ER:
The attached Ordinances, if adopted, will result in
XPLANATION OF EQUEST
referendum election in March, 2013 at which time the electors will be asked to consider
amending the Charter. The four Ordinances cover: residence at time of election;
designation of geographic boundaries; three consecutive terms and housekeeping
amendments. Each Ordinance contains a ballot title and description of the proposed
amendment.
The deadline for the City to submit ballot language to the Supervisor of Elections for the
March, 2013 election is February 8, 2013 at noon.
H?
The Ordinance regarding
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
boundaries reduces the number of studies from one every four years to once every ten
years.
FI:
None
ISCAL MPACT
A:
Allow current Charter to continue without amendment; or
LTERNATIVES
Modify some or all of the proposed amendments
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ORDINANCE NO. 12-020
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY
CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY
CHARTER; TO PROVIDE FOR THE DESIGNATION OF
GEOGRAPHIC BOUNDARIES FOR EACH MUNICIPAL VOTING
DISTRICT NINETY (90) DAYS AFTER THE 2020 CENSUS REPORT
AND EVERY TEN (10) YEARS THEREAFTER; PROVIDING FOR A
NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM
ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE
OF FLORIDA ELECTION CODE; PROVIDING THAT THIS
ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH,
FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL
ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS
PROVIDED BY LAW; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton
Beach ("City"); and,
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
WHEREAS, the City Commission previously authorized the establishment of a Charter
Review Commission to engage in a comprehensive review of the City Charter; and,
WHEREAS, the City Commission has publicly reviewed, considered, and directed that
this Ordinance be prepared and that the appropriate Charter Referendum question be included
herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the
March, 2013, General Municipal Election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH,
FLORIDA, THAT:
SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and
correct and incorporated herein by this reference.
SECTION 2. The City Charter is hereby revised to read as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
SECTION 3. The Ballot Title shall be as follows:
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PROVIDE FOR DESIGNATION OF GEOGRAPHIC
BOUNDARIES FOR VOTING DISTRICTS EVERY TEN
YEARS
SECTION 4. The following question shall be placed on the ballot for consideration by
the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
The current City Charter provides for the designation of geographic
boundaries for each voting district very four (4) years. Shall the Charter be
amended to provide for the designation of geographic boundaries for voting
districts commencing ninety (90) days after the issuance of the 2020 census
report and every ten (10) years thereafter?
YES____ NO____
SECTION 5. That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform
the Charter to the amendments if approved.
SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
directed to advertise the referendum election contemplated herein in accordance with the State of
Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are
repealed to the extent of such conflict.
SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affecting the validity of the other provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting
in the March, 2013 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
th
BEACH, FLORIDA, ON THE FIRST READING, THIS 4DAY OF DECEMBER, 2012.
th
SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013.
CITY OF BOYNTON BEACH, FLORIDA
600 of 634
Mayor – Woodrow L. Hay
_____________________________________
Vice Mayor – Mack McCray
_____________________________________
Commissioner – Jerry Taylor
_____________________________________
Commissioner – Steven Holzman
_____________________________________
Commissioner – Wayne Segal
ATTEST:
Janet M. Prainito, MMC, City Clerk
(Corporate Seal)
S:\CA\Ordinances\Ordinance - Charter Amendment (Designation of Geographic Boundaries)FINAL.doc
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EXHIBIT "A"
Section 17. Composition, election, terms, vacancies.
* * *
(g) Geographic boundaries for each voting district are established pursuant to Section 2-41
of the City's Code of Ordinances. Geographic boundaries for each voting district shall be
designated, prepared and identified, not later than the first day of January 2002, and every four
(4) years thereafter commencing ninety (90) days after the 2020 Census report is published, and
every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year
college or university or educational research institution located within the State of Florida to be
selected by the City Commission of the City of Boynton Beach, Florida. The election districts
shall be of equal population, compact, proportional and logically related to the natural internal
boundaries of the neighborhoods within the City. The principal of non-discrimination and one
man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any
designated election district seats, then a special qualifying period shall be opened for five (5)
calendar days after the close of the regular qualifying period and anyone from anywhere within
the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy
shall be declared and filled in accordance with this Charter. A change in district boundaries
which results in the City Commissioner no longer residing in the district which they represent,
during the City Commissioner's term, shall not result in a disqualification for continuing to serve
in office.
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ORDINANCE NO. 12-021
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY
CHARTER; AMENDING THE CHARTER TO ALLOW A CITY
COMMISSIONER TO RETAIN OFFICE FOR THE BALANCE OF
THEIR TERM IN THE EVENT A DISTRICT BOUNDARY CHANGE
RESULTS IN THE COMMISSIONER NO LONGER RESIDING IN
THEIR DISTRICT; PROVIDING FOR A NOTICE OF AN
ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE
PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA
ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN
ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS
OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH,
2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL
BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton
Beach ("City"); and,
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
WHEREAS, the City Commission previously authorized the establishment of a Charter
Review Commission to engage in a comprehensive review of the City Charter; and,
WHEREAS, the City Commission has publicly reviewed, considered, and directed that
this Ordinance be prepared and that the appropriate Charter Referendum question be included
herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the
March, 2013, General Municipal Election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH,
FLORIDA, THAT:
SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and
correct and incorporated herein by this reference.
SECTION 2. The City Charter is hereby revised to read as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
SECTION 3. The Ballot Title shall be as follows:
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CANDIDATES FOR MUNICIPAL OFFICE SHALL RESIDE
IN THE DISTRICT FOR WHICH THEY ARE SEEKING
OFFICE
SECTION 4. The following question shall be placed on the ballot for consideration by
the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
A Commissioner must reside in their district at the time of their election.
The Charter makes no provision addressing a change in boundaries of
districts. Shall the Charter be amended to provide that a member of the
Commission be permitted to retain office until the end of their term if a
boundary change results in the Commissioner no longer being a resident of
the district to which they were elected?
YES____ NO____
SECTION 5. That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform
the Charter to the amendments if approved.
SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
directed to advertise the referendum election contemplated herein in accordance with the State of
Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are
repealed to the extent of such conflict.
SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affecting the validity of the other provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting
in the March, 2013 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
th
BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER 2012.
th
SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013.
CITY OF BOYNTON BEACH, FLORIDA
604 of 634
Mayor – Woodrow L. Hay
_____________________________________
Vice Mayor – Mack McCray
_____________________________________
Commissioner – Jerry Taylor
_____________________________________
Commissioner – Steven Holzman
_____________________________________
Commissioner – Wayne Segal
ATTEST:
_______
Janet M. Prainito, MMC, City Clerk
(Corporate Seal)
S:\CA\Ordinances\Ordinance - Charter Amendment (Residence at time of Election)FINAL.doc
605 of 634
EXHIBIT "A"
Sec. 17. Composition, election, terms, vacancies.
(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of
the City of Boynton Beach and have resided within the City for a period of not less than one (1) year
prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before
the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may
reside in any of the four (4) election districts and shall be elected by a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from each of the
four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each City
Commissioner and each candidate for City Commissioner shall reside in the election district from
which he or she is (to be) elected at the time of the election. A candidate for a Commission district
seat must reside, for a period of not less than one (1) year prior to filing for election, in the district
from which the candidate seeks election. Voters shall vote for only one (1) candidate in each
election district in which the voter resides, and one (1) candidate for Mayor.
(c) Qualifications for City Commissioners. Only qualified electors who have resided in
the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall
have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies
as a candidate for office shall be eligible to hold the office of City Commissioner. Each
Commissioner and each candidate for Commissioner shall be elected from the election district in
which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of the
City Charter. Once elected, a Commissioner from an election district shall remain a resident of the
election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her
office.
(d) Except as the result of a boundary change of a district, Tthe failure of a City
Commissioner to continue to reside within the district from which elected, or the Mayor within the
City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office. The
tender of a resignation from any elective office shall immediately create a vacancy in that office.
Upon automatic forfeiture or the tender of any resignation, the remaining members of the City
Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise
provided, so long as the individual selected to fill the vacancy has resided in the same district from
which the original Commissioner resided for a period of not less than one (1) year.
(e) Any City Commissioner who ceases to possess the qualifications required by this
Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the
duty of the remaining members of the City Commission to declare the office vacant and proceed to
fill the vacancy as herein otherwise provided.
(f) Commencing with the regular City election in March 2001, candidates for City
Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the
four (4) Commission districts of the City Commission the candidates intend to fill.
(g) Geographic boundaries for each voting district are established pursuant to Section
2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated,
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prepared and identified not later than the first day of January 2002, and every four (4) years
thereafter by contract to the City of Boynton Beach with a four (4) year college or university or
educational research institution located within the State of Florida to be selected by the City
Commission of the City of Boynton Beach, Florida. The election districts shall be of equal
population, compact, proportional and logically related to the natural internal boundaries of the
neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be
adhered to strictly. In the event no candidate qualifies for election for any designated election
district seats, then a special qualifying period shall be opened for five (5) calendar days after the
close of the regular qualifying period and anyone from anywhere within the City may qualify for
such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in
accordance with this Charter.
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ORDINANCE NO. 12-022
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
SUBMITTING TO REFERENDUM AMENDMENTS TO CURRENT
CITY CHARTER SECTION 19 REGARDING TERM LIMITS;
INCREASING THE MAXIMUM NUMBER OF THREE YEAR TERMS
FROM TWO TO THREE FOR A TOTAL OF NINE YEARS THAT A
MEMBER OF THE COMMISSION CAN SERVE CONSECUTIVELY;
PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE
REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE
WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING
THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE
SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF
BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL
MUNICIPAL ELECTION BALLOT AND SHALL BECOME
EFFECTIVE AS PROVIDED BY LAW; AUTHORIZING
RENUMBERING OF CHARTER SECTION 19; PROVIDING FOR
CONFLICTS, SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton
Beach ("City"); and,
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
WHEREAS, the City Commission previously authorized the establishment of a Charter
Review Commission to engage in a comprehensive review of the City Charter; and,
WHEREAS, the City Commission has publicly reviewed, considered, and directed that
this Ordinance be prepared and that the appropriate Charter Referendum question be included
herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the
March, 2013, General Municipal Election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH,
FLORIDA, THAT:
SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and
correct and incorporated herein by this reference.
SECTION 2. The City Charter is hereby revised to read as follows:
Sec. 19. Terms of elective offices.
(a) All elective offices shall be for the term of three (3) years and no person shall be
eligible to hold any elective office or combination of offices for more than nine (9) years or three
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(3)two (2) consecutive terms. For purposes of this section, elective office shall include both
mayor and commission member.
(b) The resignation from, or forfeiture of, an elective office during any part of a three (3)
year elective term shall be deemed to constitute a full and complete term under the provisions of
this section.
SECTION 3. The Ballot Title shall be as follows:
AMENDING CHARTER TO PROVIDE FOR CITY
COMMISSION TERM LIMITS OF THREE CONSECUTIVE
THREE YEAR TERMS
SECTION 4. The following question shall be placed on the ballot for consideration by
the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
Members of the City Commission (Mayor or Commissioner) are now
limited to two (2) three-year consecutive terms. Should the Charter be
amended to allow for three (3) three-year consecutive terms?
YES____ NO____
SECTION 5. That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform
the Charter to the amendments if approved.
SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
directed to advertise the referendum election contemplated herein in accordance with the State of
Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are
repealed to the extent of such conflict.
SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affecting the validity of the other provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting
in the March, 2013 election in the City of Boynton Beach.
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
TH
BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER, 2012.
TH
SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013.
CITY OF BOYNTON BEACH, FLORIDA
Mayor – Woodrow L. Hay
_____________________________________
Vice Mayor – Mack McCray
_____________________________________
Commissioner – Jerry Taylor
_____________________________________
Commissioner – Steven Holzman
_____________________________________
Commissioner – Wayne Segal
ATTEST:
Janet M. Prainito, MMC, City Clerk
(Corporate Seal)
S:\CA\Ordinances\Ordinance - Charter Amendment (Three Consecutive Terms)FINAL.doc
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ORDINANCE NO. 12-023
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY
CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY
CHARTER; TO PROVIDE FOR RENUMBERING, REVISIONS TO
ELIMINATE INEFFECTIVE NON-SUBSTANTIVE LANGUAGE,
CORRECTION OF GRAMMATICAL AND PUNCTUATION ERRORS,
DELETION OF PROVISIONS WHICH ARE SUPERSEDED OR
PREEMPTED BY STATE LAW, AND REORGANIZED TO
CONSOLIDATE RELATED SUBJECT MATTERS; PROVIDING FOR A
NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM
ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE
OF FLORIDA ELECTION CODE; PROVIDING THAT THIS
ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH,
FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL
ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS
PROVIDED BY LAW; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton
Beach ("City"); and,
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
WHEREAS, the City Commission previously authorized the establishment of a Charter
Review Commission to engage in a comprehensive review of the City Charter; and,
WHEREAS, the City Commission has publicly reviewed, considered, and directed that
this Ordinance be prepared and that the appropriate Charter Referendum question be included
herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the
March, 2013, General Municipal Election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH,
FLORIDA, THAT:
SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and
correct and incorporated herein by this reference.
SECTION 2. The City Charter is hereby revised to read as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
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SECTION 3. The Ballot Title shall be as follows:
ADOPT REVISED CHARTER TO DELETE OBSOLETE
CHARTER PROVISIONS AND PROVIDE FOR NON-
SUBSTANITVE CHANGES
SECTION 4. The following question shall be placed on the ballot for consideration by
the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
Shall the Charter be renumbered and revised to eliminate ineffective
language, fix grammatical errors, delete provisions which are superseded or
preempted by state law, and reorganized to consolidate related subject
matters?
YES____ NO____
SECTION 5. That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform
the Charter to the amendments if approved.
SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
directed to advertise the referendum election contemplated herein in accordance with the State of
Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are
repealed to the extent of such conflict.
SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way effecting the validity of the other provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting
in the March, 2013 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
TH
BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER, 2012.
TH
SECOND, FINAL READING AND PASSAGE this 15 DAY OF JANUARY 2013.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor – Woodrow L. Hay
_____________________________________
Vice Mayor – Mack McCray
_____________________________________
Commissioner – Jerry Taylor
_____________________________________
Commissioner – Steven Holzman
_____________________________________
Commissioner – Wayne Segal
ATTEST:
Janet M. Prainito, MMC, City Clerk
(Corporate Seal)
H:\_GOV CLIENTS\BB 306\_900182 GM\ORD\Ordinance - Charter Housekeeping Amendments (2012)FINAL.doc
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Sec. 1. Reserved
Sec. 2. Title to property reserved.
That the rights, title, ownership of property, uncollected taxes, dues, claims, judgments,
decree, choses in action, held and owned by the municipality of the City of Boynton Beach,
County of Palm Beach, State of Florida, shall pass to and be vested in the new municipal
corporation hereby created and established to succeed such municipality.
Sec. 3. Obligations unimpaired.
That the present territory which is responsible for the bonds, contracts, judgments, and debts
of the City of Boynton Beach and all property included therein shall be held responsible for and
be bound for all of said bonds, contracts, judgments, and debts now held against said city. That
no obligations or contracts of said municipality hereby abolished, including bonds heretofore
issued, or any proceeding heretofore begun for any improvement, or for the borrowing of money,
or issuing of bonds, or for the refunding of bonds, shall be impaired or avoided by this Act.
Sec. 4. Officers hold until successors qualify; existing laws continued.
That all the officers heretofore elected or appointed and holding office under the old City of
Boynton Beach, Palm Beach County, Florida, shall continue to hold their respective offices and
to discharge the duties thereof until their successors are elected and qualified under the
provisions of this Act; and all existing laws and ordinances of the said municipality not in
conflict with the provisions of this Act shall continue unimpaired and of binding effect until
repealed, amended or modified by the municipality hereby created and organized.
Sec. 15. Establishment of new municipality.
The Municipality to be known and designated as the City of Boynton Beach is hereby
established, organized and constituted in the County of Palm Beach, State of Florida, and the
inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described
and designated or within such boundaries as may hereinafter be established, is hereby created,
organized and established, and shall continue to be a body politic and corporate under the name
of the City of Boynton Beach, and as such shall have perpetual succession, may use a common
seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in
all the courts of this state and in all matters whatsoever.
Sec. 215. When Commissioners and Mayor are to assume office.
The Commissioners and Mayor who are elected in elections held in March of any year, shall
assume office on the first regular or special city commission meeting following certification of
their election results. Once all newly elected officials have taken office the Commission shall
organize in accordance with the provisions of Section 23 of this Charter and shall then proceed
to select the officers and employees, designated in Section 49 of this Charter.
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Formatted: Justified
Formatted: Justified
Sec. 317. Composition, election, terms, vacancies. *
(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the
City of Boynton Beach and have resided within the City for a period of not less than one (1) year
Formatted: Justified
prior to filing for office, and who shall have attained the age of twenty-one (21) years on or
before the date the candidate files and qualifies for office. The Mayor of the City of Boynton
Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from each of the four (4)
election districts within the City, and a Mayor who is elected by a city-wide vote. Each City
Commissioner and each candidate for City Commissioner shall reside in the election district
from which he or she is (to be) elected. A candidate for a Commission district seat must reside,
for a period of not less than one (1) year prior to filing for election, in the district from which the
candidate seeks election. Voters shall vote for only one (1) candidate in each election district in
which the voter resides, and one (1) candidate for Mayor.
(c) Qualifications for City Commissioners. Only qualified electors who have resided in the
City of Boynton Beach for at least one (1) year immediately prior to the election and who shall
have attained the age of twenty-one (21) years on or before the date the candidate files and
qualifies as a candidate for office shall be eligible to hold the office of City Commis-sioner.
Each Commissioner and each candidate for Commissioner shall be elected from the election
district in which he or she resides, subject to the 35% rule and runoff procedures set forth in
Section 139 of thethis City Charter. Once elected, a Commissioner from an election district
shall remain a resident of the election district and the City of Boynton Beach during his/her term
of office or shall forfeit his/her office.
(d) The failure of a City Commissioner to continue to reside within the district from which
elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to
automatically forfeit his/her office. The tender of a resignation from any elective office shall
immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any
resignation, the remaining members of the City Commission shall declare the office vacant and
proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill
the vacancy has resided in the same district from which the original Commissioner resided for a
period of not less than one (1) year.
(e) Any City Commissioner who ceases to possess the qualifications required by this
Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be
the duty of the remaining members of the City Commission to declare the office vacant and
proceed to fill the vacancy as herein otherwise provided.
(f) Commencing with the regular City election in March 2001, cCandidates for City
Commissioner shall file with the City Clerk a written notice of candidacy, designating which of
the four (4) Commission districts of the City Commission the candidates intend to fill.
(g) Geographic boundaries for each voting district are established pursuant to the City's
Code of Ordinances. Section 2-41 of the Code of Ordinances. Geographic boundaries for each
voting district shall be designated, prepared and identified not later than the first day of January
2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4)
year college or university or educational research institution located within the State of Florida to
be selected by the City Commission of the City of Boynton Beach, Florida. The election districts
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shall be of equal population, compact, proportional and logically related to the natural internal
boundaries of the neighborhoods within the City. The principal of non-discrimination and one
man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any
designated election district seats, then a special qualifying period shall be opened for five (5)
calendar days after the close of the regular qualifying period and anyone from anywhere within
the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy
shall be declared and filled in accordance with this Charter.
Sec. 418. Judges of own qualifications, rules of procedure; expulsion of members; quorum;
fines and penalties.
The City Commission shall be the judges of the qualifications, election and returns of its own
members: it may enact rules of procedure and may prescribe penalties for the non-attendance or
disorderly conduct of its members, and enforce the same. Four-fifths of its members concurring,
it may expel a member for improper conduct in office. A majority of the members of the
Commission shall be necessary to constitute a quorum for the transaction of any business; but a
smaller number may adjourn from time to time, and under the provisions of ordinances or rules
of procedure may compel the attendance of the absent members by the imposition of fines or
penalties.
Sec. 519. Terms of elective offices. *
(a) All elective offices shall be for the term of three (3) years and no person shall be
eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this
section, elective office shall include both mayor and commission member.
(b) The resignation from, or forfeiture of, an elective office during any part of a three (3)
year elective term shall be deemed to constitute a full and complete term under the provisions of
this section.
Sec. 620. Filling vacancy on City Commission.
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 on the
first Tuesday in November 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.
Sec. 721. Authority to contract; execution; attestation and seal.
The Commission shall have the power to enter into contracts on behalf of the City. All
contracts shall, and when so entered into, the same shall be attested by the City Clerk with the
seal of the City thereunto affixed thereto.
Sec. 822. Frequency, date of regular meetings; special meetings; rules of procedure.
Formatted: Font: Not Bold
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(a) The Commission shall hold its meetings as the Commission deems necessary. as often
as twice each month, or it may hold more than two (2) regular meetings each month if prescribed
by resolution. Should any scheduled City Commission meeting fall upon a date on which any
national, state, county or municipal election is held, said City Commission meeting should be
deferred until the next regular working day.
(b) The Mayor, or any three members of the City Commission may call special meetings of
the City Commission, upon written notice to each member served personally or left at the usual
place of residence. All regular and special meetings of the City Commission shall be open to the
public. The City Commission shall determine its own rules and order of business.
Sec. 923. Mayor, Vice Mayor; election, procedure.
At the first regular or special meeting of the City Commission immediately following an
election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission.
The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next
general election of a member of the commission. In the event, of a vacancy in the office of
Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor
Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of
Mayor, a special election shall be held within sixty (60) days of the date of said vacancy,
provided that should said vacancy occur within one hundred (100) days of a regularly scheduled
general election, no such special election shall be held and the Mayor, or successor Mayor, shall
be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall
reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the
term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor,
the vacancy on the City Commission shall be filled by the Commission in the manner herein
otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and
City Commission.
Sec. 1024. Duties, powers, privileges of Mayor.
The Mayor shall preside at all meetings of the City Commission and perform such other
duties consistent with his or her office as may be imposed by the City Commission, and he or she
shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He
or she may use the title of Mayor when executing legal instruments of writing or when required
by necessity, arising from the General Laws of the State, but this shall not be considered as
conferring upon him or her the administrative or judicial functions of a Mayor under the General
Laws of the State. He or she shall be considered as the official head of the City for ceremonial
purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and
by the Government in the exercise of military law. In the absence or disqualification of the
Mayor, the other members of the City Commission shall select one of their members to perform
his or her duties. This selection shall be made in accordance with the provisions of this Charter
with respect to theSections 17 and 23 for the election of a Mayor.
The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a
party, when authorized so to do by the City Commission.
Sec. 2049. General provisions.
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Administrative officers, departments and agencies.
(a) The government of the City shall be
carried on by the Mayor and City Commission. They City Commission shall appoint a City
Manager, who shall serve as the City's chief executive officer, and a City Attorney, both of
whom shall serve at the pleasure of the City Commission. There shall also be such other
departments and agencies as may be established from time to time by ordinance and as may be
prescribed by ordinances adopted by the City Commission. All other City employees shall be
hired, appointed and discharged by the City Manager, with only the appointment or discharge
of Assistant City Managers subject to confirmation by the City Commission.
Supervision by City Manager.
(b) Each department, office and agency under the direction
and supervision of the City Manager shall be administered by an officer appointed by and subject
to the direction and supervision of the City Manager. With the consent of Commission, the City
Manager may serve as the head of one or more such departments, offices or agencies or may
appoint one person as the head of two or more of them or may combine the functions of any
offices specified in this Charter which may be appointed by him.
Commission/Manager integration with administration.
(c) The City Commission or its
members shall deal with city officers and employees who are subject to the direction and
supervision of the City Manager solely through the Manager, when such dealings involve giving
orders or making requests for services to any such officer or employee. All employees and
officers shall be permitted to provide information to any Commissioner or member of the public
upon request.
Sec. 2155. Compensation of Mayor and City Commission.
Each member of the City Commission, including the member who serves as Mayor shall
receive salaries as follows:
(a) Effective April 1, 2005, the Mayor shall receive an annual salary of $18,000, paid in
equal monthly installments;
(b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive
an annual salary of $15,000 annually, paid in equal monthly installments; and
(c) The compensation of the Mayor and the Commissioners shall be adjusted annually in
April in each year to reflect increase in the consumer price index.
Sec. 2257. City Attorney—Appointment, term, function.
The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as
City Attorney, who shall hold office during the pleasure of the Commission, and act as the legal
advisor to, and attorney and counselor for, the Municipality and all of its officers in matters
relating to their official duties.
Sec. 2358. City AttorneySame—Duties.
The City Attorney, shall, when requested by the City Commission, prepare all contracts,
bonds, and other instruments in writing in which the municipality is concerned, or shall endorse
on each his approval of the form, language and execution thereof; and no contract with the
municipality shall be binding upon the municipality until his approval is so endorsed thereon.
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When required by the Commission, he shall prosecute and defend, for and in behalf of the City,
all complaints, suits and controversies in which the City is a party. He shall furnish the
Commission, or the City Clerk, his opinion on any question of law relating to their respective
powers and duties; and he shall perform such other professional duties as may be required of him
by ordinance or resolution of the Commission or by this Charter, or such as are prescribed for
City Attorneys under the general laws of the State, not inconsistent with this Charter.
Sec. 2459. City AttorneySame—Compensation.
The City Commission may, from time to time, fix the regular compensation of the City
Attorney at a sum commensurate with the duties which may be imposed upon him by this
Charter and by the Commission; provided, that all special or unusual services required of the
City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as
the Commission may see fit to provide.
Sec. 70. Bond for tax collector, treasurer, police chief and depositories.
The Tax Collector, Treasurer, and Chief of Police, and City Depositories, shall each give such
bond for the faithful discharge of their respective duties, and for the protection of City deposits
as may be prescribed by the City Commission, and the City Commission shall have authority to
require any other officer to give bond and fix the amount thereof.
Sec. 72.2. Status of present employees.
Any person holding a position in the classified service when this act [article] takes effect*,
who shall have served in such position for a period of at least twelve (12) months, shall be
retained without preliminary or performance tests and shall thereafter be subject in all other
respects to the provisions of this act [article]. All other persons in the classified service at the
time this act [article] takes effect shall be considered as having been given probationary
appointment from the time of their employment.
Sec. 40138. Call by Mayor, publication of proclamation; qualification of candidates, filing
by candidates with City Clerk; notification of Supervisor of Elections.
All general and special elections, unless otherwise provided in this Act, shall be called by
resolution adopted by the City Commission, and in conformance with applicable state law, andby
proclamation of the Mayor; published in a newspaper of general circulation published in the City
of Boynton Beach, Florida, once a week for two (2) consecutive weeks, or, if no newspaper is
published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2)
weeks, and such election that may be held upon such notice.
Candidates for City Commission shall file such papers and pay such fees as may be required
by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than
noon on the second Tuesday in February of the calendar year in which the election is to be held.
The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor
of Elections by 5:00 p.m. on the first Friday after the close of qualifying.
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Sec. 41139. General and run-off elections.
A special election for any purpose shall be held as provided in the Charter or by ordinance not
inconsistent herewith. In every election to any office, the candidate receiving the highest
percentage of the vote in excess of thirty-five (35%) percent of the votes validly cast shall be
declared elected. If, in any election, no candidate receives in excess of thirty-five (35%) percent
of the vote in the first election, a second election, limited to the two (2) candidates receiving
respectively the highest and the next highest number of votes in the first election shall be held on
the fourth Tuesday in March of the calendar year, and the candidate receiving the higher number
of votes in the second election shall be declared elected.
For purpose of transition from November to March elections, any municipal officer whose
term of office would expire in November will have their term extended until the following
March.
Sec. 42141. Regular municipal election, date; qualification of electors for Commissioners;
method of holding elections, special elections.
Regular municipal elections shall be held on the second Tuesday in March of the calendar
year. In the event a run-off election is required as specified in this CharterSection 139 hereof,
said election shall be held on the fourth Tuesday in March of the calendar year. The City
Commission shall prescribe, by ordinance, the method and manner of holding all elections in
said City, and shall provide when and how special elections shall be called and held, which are
not provided by the terms of this Charter, and all elections shall be conducted substantially on
the principle adopted for state election insofar as there are no conflicts with the terms of this
Charter.
Sec. 43142. Registration officer and registration.
The City Clerk shall be the registration officer of the City and said clerk, or his/her duly
appointed deputies, shall register all persons applying to him/her whose names are not already
borne upon the registration book applicable to the City and who are qualified as electors under
the Constitution and laws of the State of Florida. For this purpose, such registrations shall be
received during normal business hours, or at such other times as designated by the City
Commission, at the office of the City Clerk or at such other places within the City limits when
duly designated by the City Commission.* Registrations shall be upon forms provided by the
Supervisor of Elections of Palm Beach County, Florida.
Sec. 44143. Arrangements by City Commission; inspectors and clerks, appointment.
The City Commission shall make all necessary arrangements for holding all municipal
election(s) and shall declare the result thereof. The Supervisor of Elections Inspectors and clerks
of elections shall be appointed inspectors and clerks by the City Commission, but if the City
Commission shall fail to appoint them at least two (2) days before the date of any election, the
Mayor may appoint them. In the event that both of these plans fail to secure inspectors and clerks
for any election, the City Clerk shall make the appointments on the day of the election.
(Laws of Fla. 1947, Ch. 24398, § 136; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
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Sec. 45144. Polls, opening and closing; vVoting results, certification, canvass of returns,
declaration of results; tie vote.
The polls shall open at sunrise and close at sunset.* The result of the voting, when
ascertained, shall be certified by return in duplicate, signed by the Supervisor of Elections, or
their designeeclerks and the majority of the inspectors of the election, one copy to be delivered to
the Mayor, and the other to the City Clerk, both of whom shall transmit such returns to the City
Commission at a called meeting to be held not later than fourteen (14) daysthree days after such
election. Prior toAt such meeting the Supervisor of ElectionsCity Commission shall canvass the
returns, and in the absence of a declaration of a contest by any of the candidates in such election,
shall declare the result of the election as shown by the returns made by clerks and inspectors for
said election.
A tie between two (2) or more candidates shall be determined as prescribed by ordinance. The
City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to
each person shown to be elected.
Sec. 50147. Initiative petition of proposed ordinances—Required signatures, etc.
Any proposed ordinance, including ordinances for repeal of ordinances then in effect or
which have been enacted but not yet effective, may be submitted to the City Commission by a
petition, signed by at least twenty-five per cent of the total number of registered voters in the
City. All petitions circulated with respect to any proposed ordinance shall be uniform in
character, shall contain the proposed ordinance in full and shall have printed or written thereon
the names of five electors who shall be officially regarded as filing the petition, and shall
constitute a committee of the petitioners for purposes hereinafter named. Each signer of the
petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his
name the date of his signature. The signatures of any such petition need not be appended to one
paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the
number of signers to such part of the petition and that each signature appended to the paper is the
genuine signature of the person whose name it purports to be, and that it was made in the
presence of the affiant on the date indicated.
Sec. 51148. Initiative PetitionSame—Filing with City Clerk, submission to City
Commission.
All papers comprising an initiative petition shall be assembled and filed with the City Clerk as
one instrument within thirty days of the first signature thereon, and when so filed the City Clerk
shall submit the same to the City Commission at its next regular meeting and provisions shall be
made by the City Clerk for public hearings upon the proposed ordinance.
Sec. 52149. Initiative PetitionSame—Action of City Commission; referendum.
The City Commission shall at once proceed to consider such petition and shall take final
action thereon within thirty days after the date of submission. If the City Commission rejects
any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall
at once cause notice of the filing of such petition and the refusal of the City Commission to pass
said ordinance, to be published in a newspaper of general circulation published in the City of
Boynton Beach, and the City Commission shall at once proceed to submit the passage of the
ordinance to the majority vote of the qualified electors of the City voting in such election. If a
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regular or special election is to be held in the City not earlier than thirty days, nor later than sixty
days, the ordinance shall be submitted to the voters at such election; otherwise an election shall
be called for such submission. At least ten days before such election the City Clerk shall cause
the text of the ordinance to be published in a newspaper of general circulation published in the
city.
Sec. 53150. Initiative PetitionSame—Offending ordinance suspended.
When the initiative petition is for an ordinance repealing or amending an ordinance which has
been enacted, but is not yet effective, the offending ordinance shall not go into effect until after
the demands of the petition shall have been carried out.
Sec. 54151. Initiative PetitionSame—Form of referendum ballot.
Referendum elections shall be provided for in the same manner as other elections of the City.
The ballot shall be a piece of plain white paper which shall have printed upon it the title of the
ordinance to be referred, below which shall be two lines in the following form:
___________________________________________
FOR THE ORDINANCE
___________________________________________
___________________________________________
AGAINST THE ORDINANCE
___________________________________________
The voter shall express himself by placing a cross X mark to the right of the line indicating
his desire in the matter.
Sec. 55152. Initiative PetitionSame—Vote required to amend or repeal.
Ordinances adopted by referendum vote can be amended or repealed only by a referendum
vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in
any regular election of the city, provided that no later than fifteen days before such election the
City Commission shall cause notice of such reference to be published in a newspaper of general
circulation published in the City of Boynton Beach, Florida, using only the title of such
ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended.
Said notice to be posted in three public places if there be no newspaper published in the City.
Sec. 56153. Initiative PetitionSame—Duty of City Attorney to draft ordinance and advise
upon.
It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the
legality of the same when requested to do so by the referendum committee of five.
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Sec. 60155. Officers hold until successors qualify; ordinances continued.
All officers theretofore elected or appointed and holding office under the said municipality
shall continue to hold their respective offices and to discharge the respective duties thereof until
their successors are elected and qualified under the provisions of this Charter; and all existing
ordinances shall continue in effect and unimpaired until repealed, amended or modified by the
municipality which is hereby incorporated.
Sec. 170. Authorized.
The City of Boynton Beach may from time to time enter into such contracts and lease
agreements of portions of the Municipal Beach property, being in the Town of Ocean Ridge,
Palm Beach County, Florida, for the providing of recreational facilities upon the terms and
conditions as the City Commission may deem to be in the best interest of the City. All such
leases shall be subject to the rights of the public at all times, to use the public bathing beach.
* These sections are the subject of separate charter referendum questions. The language
changes in the other charter referenda, if adopted, shall supersede the language in these
sections.
H:\_GOV CLIENTS\BB 306\_900182 GM\ORD\City of BB Charter 2012(11-9-12)FINAL.docx
Formatted: Font: 8 pt
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13. E
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PROPOSED ORDINANCE NO. 13-002 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amending Sections 17 and 139 of the Charter consistent with Commission direction
ER:
Amending the Charter to provide for the adoption of a revised
XPLANATION OF EQUEST
city charter; to provide for a candidate to be elected upon receiving fifty percent (50%) plus one
of the votes validly cast in an election; providing for a notice of an advertisement of the
referendum election to be published in accordance with the state of Florida Election Code;
providing that this ordinance, when adopted, shall be submitted to the qualified electors of the
city of Boynton Beach, Florida, on the March, 2013 general municipal election ballot.
The attached ordinance, if adopted, will result in referendum election in March, 2013 at which
time the electors will be asked to consider amending the Charter. This ordinance covers the
change in run-off elections from 35% to provide for a candidate to be elected upon receiving
fifty percent (50%) plus one of the votes.
The deadline for the City to submit ballot language to the Supervisor of Elections for the March,
2013 election is February 8, 2013 at noon. Second reading of this ordinance will be on February
5, 2013 in order to submit the ballot language to the Supervisor of Elections timely.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The cost of a run-off election for Mayor would be approximately
ISCAL MPACT
$60,000 and the cost of a run-off election for a commission seat would be approximately
$25,000 - $30,000.
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A:
Allow current Charter to continue without amendment; or
LTERNATIVES
Modify some or all of the proposed amendment.
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ORDINANCE NO. 13-002
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY
CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY
CHARTER; TO PROVIDE FOR A CANDIDATE TO BE ELECTED
UPON RECEIVING FIFTY PERCENT (50%) PLUS ONE OF THE
VOTES VALIDLY CAST IN AN ELECTION; PROVIDING FOR A
NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM
ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE
OF FLORIDA ELECTION CODE; PROVIDING THAT THIS
ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH,
FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL
ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS
PROVIDED BY LAW; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton
Beach ("City"); and,
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
WHEREAS, the City Commission previously authorized the establishment of a Charter
Review Commission to engage in a comprehensive review of the City Charter; and,
WHEREAS, the City Commission has publicly reviewed, considered, and directed that
this Ordinance be prepared and that the appropriate Charter Referendum question be included
herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the
March, 2013, General Municipal Election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH,
FLORIDA, THAT:
SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and
correct and incorporated herein by this reference.
SECTION 2. The City Charter is hereby revised to read as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
SECTION 3. The Ballot Title shall be as follows:
PROVIDE FOR 50% PLUS ONE OF THE VOTES IN
ORDER TO BE ELECTED
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SECTION 4. The following question shall be placed on the ballot for consideration by
the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
The current City Charter provides for a runoff election when a candidate
with the highest number of votes receives less that 35% of the votes cast.
Should the Charter be amended to require that a winning candidate receive
fifty percent (50%) plus one of the votes cast in an election even if a runoff
election is required?
YES____ NO____
SECTION 5. That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform
the Charter to the amendments if approved.
SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
directed to advertise the referendum election contemplated herein in accordance with the State of
Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are
repealed to the extent of such conflict.
SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way effecting the validity of the other provisions of this
Ordinance.
SECTION 10. This Ordinance shall become effective immediately upon its passage and
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter
Amendments will take effect upon the affirmative vote of a majority of those electors voting in the
March, 2013 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
th
BEACH, FLORIDA, ON THE FIRST READING, THIS 15 DAY OF JANUARY 2013.
SECOND, FINAL READING AND PASSAGE THIS _____ DAY OF _________________,
2013.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor – Woodrow L. Hay
_____________________________________
Vice Mayor – Mack McCray
_____________________________________
Commissioner – Jerry Taylor
_____________________________________
Commissioner – Steven Holzman
_____________________________________
Commissioner – Wayne Segal
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
628 of 634
EXHIBIT "A"
Sec. 17. Composition, election, terms, vacancies.
(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the
City of Boynton Beach and have resided within the City for a period of not less than one (1) year
prior to filing for office, and who shall have attained the age of twenty-one (21) years on or
before the date the candidate files and qualifies for office. The Mayor of the City of Boynton
Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from each of the four (4)
election districts within the City, and a Mayor who is elected by a city-wide vote. Each City
Commissioner and each candidate for City Commissioner shall reside in the election district
from which he or she is (to be) elected. A candidate for a Commission district seat must reside,
for a period of not less than one (1) year prior to filing for election, in the district from which the
candidate seeks election. Voters shall vote for only one (1) candidate in each election district in
which the voter resides, and one (1) candidate for Mayor.
(c) Qualifications for City Commissioners. Only qualified electors who have resided in the
City of Boynton Beach for at least one (1) year immediately prior to the election and who shall
have attained the age of twenty-one (21) years on or before the date the candidate files and
qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each
Commissioner and each candidate for Commissioner shall be elected from the election district in
which he or she resides, subject to the 35%fifty percent (50%) plus one rule and runoff
procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an
election district shall remain a resident of the election district and the City of Boynton Beach
during his/her term of office or shall forfeit his/her office.
Section 139. General and run-off elections.
A special election for any purpose shall be held as provided in the Charter or by ordinance not
inconsistent herewith. In every election to any office, the candidate receiving the highest
percentage of the vote in excess of fiftythirty-five (3550%) percent plus one of the votes validly
cast shall be declared elected. If, in any election, no candidate receives in excess of thirty-five
fifty (5035%) percent plus one of the vote in the first election, a second election, limited to the
two (2) candidates receiving respectively the highest and the next highest number of votes in the
first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate
receiving the higher number of votes in the second election shall be declared elected.
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14. A
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Old High School Development Agreement -
EQUESTED CTION BY ITY OMMISSION
02/05/13
ER:
In December 2012 the City Commission approved the
XPLANATION OF EQUEST
Purchase and Sale Agreement for the Old High School. Staff is currently working on
the Developer’s Agreement for this project. The agreement will be brought before the
City Commission on 2/5/13.
H?
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FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:
Hear update from Christ Fellowship Church
EQUESTED CTION BY ITY OMMISSION
regarding their move into Boynton Beach Mall - 02/05/13
ER:
Representatives from the church will present an update to
XPLANATION OF EQUEST
the City Commission on their scheduled move into Boynton Beach Mall.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:
Schedule Closed Door Session to discuss pension
EQUESTED CTION BY ITY OMMISSION
as it relates to collective bargaining - TBD
ER:
Staff recommends scheduling the closed door session after
XPLANATION OF EQUEST
the March election at which time a new Commission will be seated.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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Report from Police Department on City-wide crime
EQUESTED CTION BY ITY OMMISSION
statistics - 02/05/13
ER:
Per the request of Vice Mayor Mack McCray, the Police
XPLANATION OF EQUEST
Department is preparing a comprehensive overview of the city’s crime statistics
(citywide) for 2012. A report and presentation will be made at the 2/5/13 Commission
meeting.
H?
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FI:
ISCAL MPACT
A:
LTERNATIVES
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Seaborne Cove Development traffic update -
EQUESTED CTION BY ITY OMMISSION
02/05/13
ER:
Per the direction of the Commission, this item will be
XPLANATION OF EQUEST
brought back before the Commission for continued discussion of traffic on Old Dixie
Hwy.
H?
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FI:
ISCAL MPACT
A:
LTERNATIVES
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