Agenda 04-16-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, APRIL 16, 2013
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Woodrow L. Hay
Vice Mayor – District II
David T. Merker
Commissioner – District I
Michael M. Fitzpatrick
Commissioner – District III
Joe Casello
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).
2 of 514
1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Casello
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. Proclaim April 22, 2013 as Earth Day and April 22, 2013 through April 26, 2013
as Earth Week.
B. Proclaim April 23, 2013 Arbor Day in the City of Boynton Beach.
C. Proclaim May 4 - 12, 2013 as National Travel and Tourism Week. Accepting
the proclamation is Jorge Pesquera, President & CEO of the Palm Beach
County Convention & Visitors Bureau.
D. Proclaim the week of April 21 to April 27, 2013, as National Preservation Week
E. Proclaim the month of May 2013 as National Mental Health Month. Accepting
the proclamation is Gerda Klein, Chairperson of the Boynton Beach Mental
Health Initiative.
F. Announce the Ocean Avenue Concert for Friday, April 19, 2013
G. Announce the Movies on the Ave film for May 3, 2013
H. Announce "Sunday in the Park", located at Ocean Ave. Park on Sunday, May
5, 2013
I. Announce the Ocean Avenue Concert for Friday, May 17, 2013
J. Announce the Let’s Move Boynton Walk on Wednesday, April 24th at 5:00 pm
beginning at the Boynton Beach Amphitheatre located at 129 East Ocean
Avenue.
3 of 514
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
PROPOSED RESOLUTION NO. R13-029
A. - Appoint a City Commission
representative and alternate to the Coalition of Boynton West Residents
Association (COBWRA)
PROPOSED RESOLUTION NO. R13-030
B. - Appoint a City Commission
representative and alternate to the Countywide Intergovernmental Coordination
Program
PROPOSED RESOLUTION NO. R13-031
C. - Appoint a City Commission
representative and alternate to the Metropolitan Planning Organization
PROPOSED RESOLUTION NO. R13-032
D. - Appoint a City Commission
representative and alternate to the Palm Beach County League of Cities
E. 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 alternate
Code Compliance Board: 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Recreation and Parks Board: 1 regular and 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 alternate
Veterans Commission: 1 regular and 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
4 of 514
PROPOSED RESOLUTION NO. R13-033
A. - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Ridge Grove
Association for the property at 7961 Overlook Rd, Lantana, FL.
PROPOSED RESOLUTION NO. R13-034
B. - Assess the cost of nuisance
abatement on the property located at 2651 NW 2nd Street which is located
within the City of Boynton Beach
C. Approve the Bid for "ANNUAL CONTRACT FOR HARDWARE SUPPLIES AND
ELECTRICAL COMPONENTS" Bid # 035-1412-13/MFD to the following six (6)
companies: Electrical Access Specialist, Erin Electrical Enterprises, Graybar
Electric Company, HD Supply Power Solutions, Miller Bearings and World
Electric Supply on an overall basis, to the lowest, most responsive, responsible
bidders who met all specifications with an estimated annual amount of
$90,000.00.
D. Approve the purchase of 47 Dell OptiPlex Desktop Computers and five
software kits from the Dell Corporation for the City Library utilizing State
Contract # 250-000-09-1 in the amount of $38,433.62 using State Aid to Public
Libraries Grant Funding.
E. Approve the vehicle/equipment submitted by the Public Works /Fleet
Maintenance for disposal.
PROPOSED RESOLUTION NO. R13-035
F. - Approve request for Short Sale -
David & Alexis Massey
G. Approve the minutes from the Regular City Commission meeting held on March
19, 2013
H. Accept the written report to the Commission for purchases over $10,000 for the
month of March 2013.
PROPOSED RESOLUTION NO. R13-036
I. - Approve and ratify the Collective
Bargaining Agreement for the Blue Collar unit between the SEIU Florida Public
Services Union, CTW, CLC and the City.
PROPOSED RESOLUTION NO. R13-037
- Approve and ratify the Collective
Bargaining Agreement for the White Collar unit between the SEIU Florida
Public Services Union, CTW, CLC and the City.
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R13- 038
A. -
(1) Approve a contract with Rohl Networks, LLP of Jupiter, Florida for the Base
Bid of the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL in the amount
of $68,795.00, and for the Alternative Bid in the amount of $101,191.00 for a
total of $169,986.00; and
5 of 514
(2) Authorize an additional 10% contingency of $16,998.00, if needed, for staff
approval of change orders for unforeseen conditions without further approval by
the City Commission provided the total contract price plus contingency
($186,984.00) is not exceeded.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve negotiated settlements in case of Nick Fuette v. City of Boynton
Beach.
B. Approve negotiated settlement in case of Lauren E. Wilcock v. City of Boynton
Beach.
C. Approve negotiated settlement in case of Floyd Selleck v. City of Boynton each.
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission
.
PROPOSED ORDINANCE NO. 13-007 - FIRST READING
A. - Approve
abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running
in an east-west direction for a distance of approximately 918 feet, located on
the original Killian’s Park plat and currently being developed as Seabourn Cove
– Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D.
Miller, Miller Land Planning, Inc.
10. CITY MANAGER’S REPORT
A. Authorize the addition of four (4) Records Technician positions to FY 12/13
Budget
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 13-008 - FIRST READING
A. - Approve
Ordinance amending Chapter 2, Article XVIII, "Financial Advisory Committee",
by amending the number of regular members and requiring all regular
members to have one of the qualifications listed.
6 of 514
14. FUTURE AGENDA ITEMS
A. Discuss renovation and/or relocation of Police Headquarters and City Hall
Campus - May 7, 2013
B. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan
Implementation - May 21, 2013
C. Update on Utilities CAP Fees - May 21, 2013
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A
RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060
AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR
THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE
AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE
AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK.
7 of 514
3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P FAI
NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 UB
IDS AND URCHASES OVER NFINISHED USINESS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Proclaim April 22, 2013 as Earth Day and April 22,
EQUESTED CTION BY ITY OMMISSION
2013 through April 26, 2013 as Earth Week.
ER:
The first Earth Day was celebrated on April 22, 1970, with
XPLANATION OF EQUEST
the goal of inspiring environmental awareness and encouraging the conservation,
protection and appreciation of our nation’s natural resources. April 22, 2011 marks the
forty-third anniversary of Earth Day. This unique event provides an opportunity to
appreciate our natural heritage, increase ecological awareness and to take active steps
to preserve our environment. The City recognizes this growing awareness and concern,
expanding Earth Day into a week long educational event.
H?
This Proclamation will help raise
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
public awareness about Earth Day and our need to take a proactive role in shaping the
future of our environment and protecting our natural resources.
The City’s Sustainability Team has coordinated events and presentations throughout
the Earth Week celebration. The following is a list of events throughout the week:
MONDAY, APRIL 22
Green Art, 4:30 pm
City Library, 208 S. Seacrest Blvd., Boynton Beach
Learn about the importance of reducing, reusing and recycling and demonstrate how to
use kinetic energy as a power source from the City of Boynton Beach Sustainability
Team. Children will make a kinetic mobile to take home
8 of 514
The Environment and Our Community: Process and Practices, 6:00 - 8:00 pm
City Library, 208 S. Seacrest Blvd., Boynton Beach
Hear presentations on Legacy Projects and their impact on communities
TUESDAY, APRIL 23
Arbor Day, 9:15 am
Oceanfront Park, 6415 North Ocean Boulevard, Boynton Beach
Students from St. Mark’s Catholic Church will learn how to properly plant and care for
trees.
WEDNESDAY, APRIL 24
Hard Hat Tour of Galaxy Elementary School, 10:00 am
th
Galaxy Elementary School, 550 NW 4Avenue, Boynton Beach
Tour the greenest school in the Galaxy, the new Galaxy E3 Choice School, which is will
open its doors August 2013 as the first LEED Platinum-certified new public elementary
school campus in Florida.
Let’s Move Boynton!, 5:00 pm
Ocean Avenue Amphitheatre, 129 E. Ocean Avenue, Boynton Beach
Start with warm exercises at the Amphitheatre and then join others on a 2-mile walk
down beautiful Ocean Avenue to the Oceanfront Park and back.
Sundance Film, “Climate Refugees”, 5:30 pm-8:30 pm
City Library, 208 S. Seacrest Blvd., Boynton Beach
This is a unique opportunity to learn about the important topic of climate change. The
film, “Climate Refugees”, four years in the making, is changing the way the world is
looking at climate change
THURSDAY, APRIL 25
In and Around the Mangroves, 8:30 am -10:30 am
The Mangrove Park and Mangrove Walk at the Marina (St. Mark’s Place, 643NE4th
,
Ave. Boynton Beach
Learn about the Mangrove and why they are important to the City’s environment and
habitat, as well as environmental art and windmills.
FRIDAY, APRIL 26
Cycle Party Adventure, 5:30 pm-7:00 pm and 8:00 pm-10:00 pm
City Hall Parking Lot, Northeast Corner of Seacrest Blvd. and East Ocean Avenue,
Boynton Beach
Cost: $35, plus tax (requires a minimum of 6 participants)
Cycle Party is a 100% green, pedal powered party on four wheels!
ndth
Each day during Earth Week (April 22 through April 26):
Wildlife at the Golf Course Display
The Links at Boynton Beach will display a presentation board depicting the City’s
municipal golf course participation in the Audubon Cooperative Sanctuary Program and
photos featuring wildlife that inhabit the City’s golf course.
Ride Your Bike to Work Week
City employees will ride bicycles to work instead of driving their private automobiles.
Special Thanks to the Sustainability Team Earth Week Committee:
Chris Roschek Alan Karjalainen Eleanor Krusell
Kevin Hallahan Gigi Hart Jessica Glenn
9 of 514
Glenda Hall Debbie Majors Nancy Byrne
Scott Wahlin Debby Coles-Dobay Eric Johnson
FI:
None
ISCAL MPACT
A:
Not present Proclamation.
LTERNATIVES
10 of 514
P R O C L A M A T I O N
WHEREAS, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring
environmental awareness and encouraging the conservation, protection and appreciation of our
nation’s natural resources; and
WHEREAS,April 22, 2013 marks the forty-third anniversary of Earth Day, this unique event
provides an opportunity to appreciate our natural heritage, increase ecological awareness and to
take active steps to preserve our environment. The City recognizes this growing awareness and
concern, expanding Earth Day into a week long educational event; and
WHEREAS, it is the responsibility of each of us to safeguard the environment, by recognizing
that all human life depends upon the Earth and upon one another for our mutual existence, well-
being and development. We all deserve clean air, clean water and a healthy ecosystem; and
WHEREAS, the steps we can take to protect and preserve our natural environment through
education, partnerships and positive actions should be encouraged in the City of Boynton Beach;
and
WHEREAS, the citizens of Boynton Beach are committed not only to the protection and
preservation of our environment, but also to the restoration of ecosystems and habitat; and
WHEREAS, Boynton Beach citizens, staff and elected officials are working closely with
federal, state, and local governments and with non-governmental organizations, to develop and
implement regulations and ordinances specifically designed to preserve and improve Boynton
Beach’s fragile ecosystems and the quality of life therein; and
WHEREAS, Boynton Beach proudly recognizes all who participate in Earth Day, for their
dedication to taking a proactive role in shaping the future of our environment and in protecting
Boynton Beach’s precious natural resources.
NOW THEREFORE, I, Mayor of the City of Boynton
by virtue of the authority vested in me as
Beach, FL do hereby proclaim the week of April 22, 2013, as
EARTH WEEK
in Boynton Beach and urge all our citizens to be mindful of local state and national laws which
protect our environment and to join in efforts to preserve the beauty and wonder of the lands,
skies and water of the Earth in all its diversity.
IN WITNESS WHEREOFIJerry Taylor
, , have hereunto set my hand and caused the Seal of the City
of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 16th day of April, 2013.
________________________
Jerry Taylor, Mayor
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
11 of 514
(Corporate Seal)
12 of 514
For Immediate Release
City of Boynton Beach
PO Box 310, Boynton Beach, FL 33435
www.boynton-beach.org
Contact: Eleanor Krusell, Communications Manager
KrusellE@bbfl.us
Phone: 561-742-6018 (office)
Cell: 561-859-3597 (cell)
THE CITY OF BOYNTON BEACH CELEBRATES EARTH WEEK IN A BIG WAY
April 22 - 26
BOYNTON BEACH, FL --- The City of Boynton Beach is celebrating Earth Week in a BIG
way. An entire week of ten community development and environmental protection activities
have been planned for the public. The City is one of over 22,000 global communities that
participate in the Earth Day Network as a way to engage with constituents locally and participate
in an exchange of environmental visions, concepts and learning. The goal of the City is to secure
a sustainable future. All activities are free of charge, with the exception of the Cycle Party on
th
Thursday, April 26.
MONDAY, APRIL 22
Green Art, 4:30 pm
City Library, 208 S. Seacrest Blvd., Boynton Beach
Learn about the importance of reducing, reusing and recycling and demonstrate how to use kinetic
energy as a power source from the City of Boynton Beach Sustainability Team. Children will make a
kinetic mobile to take home.
The Environment and Our Community: Process and Practices, 6:00 - 8:00 pm
City Library, 208 S. Seacrest Blvd., Boynton Beach
Hear presentations on Legacy Projects and their impact on communities; organic, wellness and health;
how to achieve your full potential; LEED Platinum sustainable Galaxy E3 Elementary School and its
engineering, environment and energy education program; EcoArt projects and Kinetic Wind Turbines.
TUESDAY, APRIL 23
Arbor Day, 9:15 am
Oceanfront Park, 6415 North Ocean Boulevard, Boynton Beach
Students from St. Mark’s Catholic Church will learn how to properly plant and care for trees.
Under the direction of the of the City’s Forester Environmentalist, Kevin Hallahan and Glenda
Hall, Forest & Ground Manager, they will plant 6 trees; one an Orange Geiger tree donated by
the Boynton Beach Garden Club in memoriam of Garden Club members. Students will create
th
temporary hanging nametags for the trees they plant. This is the City’s 30 year for celebrating
Arbor Day and part of maintaining its Tree City USA status.
WEDNESDAY, APRIL 24
Hard Hat Tour of Galaxy Elementary School, 10:00 am
th
Galaxy Elementary School, 550 NW 4Avenue, Boynton Beach
Tour the greenest school in the Galaxy, the new Galaxy E3 Choice School, which is will open its
doors August 2013 as the first LEED Platinum-certified new public elementary school campus in
Florida. Platinum is the highest level of LEED certification (Leadership in Energy and
Environmental Design), which recognizes buildings’ compliance to design, construction and
13 of 514
operations according to environmentally friendly practices and standards. The school will feature
DaVinci Studios, Wonderment Center, four science labs that will focus on the curriculum themes
of energy, environment, engineering and computers. In addition to the new school, a four acre
natural habitat that, through a partnership with the City of Boynton Beach, will become part of
the science curriculum. Plans also include a recharging center and preferred parking on campus
for electric cars.
Page 2
City of Boynton Beach Earth Week PR
Let’s Move Boynton!, 5:00 pm
Ocean Avenue Amphitheatre, 129 E. Ocean Avenue, Boynton Beach
Start with warm exercises at the Amphitheatre and then join others on a 2-mile walk down beautiful
Ocean Avenue to the Oceanfront Park and back. All participants receive a free t-shirt! “Let’s Move:
Commit to Change” is a county-wide event sponsored by WPEC- TV 12 and Palm Healthcare Foundation.
Sundance Film, “Climate Refugees”, 5:30 pm-8:30 pm
City Library, 208 S. Seacrest Blvd., Boynton Beach
This is a unique opportunity to learn about the important topic of climate change. The film,
“Climate Refugees”, four years in the making, is changing the way the world is looking at
climate change. For the first time, the Pentagon now considers climate change a national security
risk and the term climate wars is being talked about in war-room like environments in
Washington D.C. “Climate Refugees” will forever change the way the future of our planet is
viewed. Erin Deady, P.A., Deady Law; Sheridan Truesdale, Senior Planner at Palm Beach
County Emergency Management; Bradley D. Miller, AICP, Principal of Miller Land Planning;
and Jayantha Obeysekera, HESM, South Florida Water Management District will lead a panel
discussion. The Palm Beach County Planning Congress will make CM credits available.
THURSDAY, APRIL 25
In and Around the Mangroves, 8:30 am -10:30 am
The Mangrove Park and Mangrove Walk at the Marina (St. Mark’s Place, 643 NE 4th Ave., Boynton
Beach
Learn about the Mangrove and why they are important to the City’s environment and habitat, as well as
environmental art and windmills. St. Mark Catholic School’s students will share information about The
Mangrove Park and Mangrove Walk at the Marina, including such topics as invasive species, fish
predators, oysters, sea turtles, real time data, crabs, rays, Green Tunes, the Master Plastic Baggie
Monster – The Green Team, Wind Energy of Pete’s Pond and the “Island of Tiki People” environmental
art. Participants will rotate from station to station approximately every 10 minutes.
FRIDAY, APRIL 26
Cycle Party Adventure, 5:30 pm-7:00 pm and 8:00 pm-10:00 pm
City Hall Parking Lot, Northeast Corner of Seacrest Blvd. and East Ocean Avenue, Boynton Beach
Cost: $35, plus tax (requires a minimum of 6 participants)
Cycle Party is a 100% green, pedal powered party on four wheels! Cycle Party carries 15 riders
and a driver; 10 guests pedal and 5 get to ride in comfort and lounge. The Cycle Party will travel
down the Avenue of the Arts and will stops at some establishments along the way such as the
Little House, Backyard, Two Georges and/or Hurricane along the route. Participants must be at
14 of 514
least 18 years old. For more information, visit www.cycle-party.com. To register, call 786-258-
8832 or email chris@cycle-party.com.
ndth
Each day during Earth Week (April 22 through April 26):
Wildlife at the Golf Course Display
The Links at Boynton Beach will display a presentation board depicting the City’s municipal
golf course participation in the Audubon Cooperative Sanctuary Program and photos featuring
wildlife that inhabit the City’s golf course.
Ride Your Bike to Work Week
City employees will ride bicycles to work instead of driving their private automobiles.
For more information on the City of Boynton Beach’s Earth Week activities, please contact
Eleanor Krusell, Communications Manager, at 561-742-6018 (office), 561-859-3597(cell) or by
email at KrusellE@bbfl.us.
###
15 of 514
3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Proclaim April 23, 2013 Arbor Day in the City of
EQUESTED CTION BY ITY OMMISSION
Boynton Beach.
ER:
Proclamation for Arbor Day Celebration in the City of
XPLANATION OF EQUEST
Boynton Beach on April 23, 2013 at Ocean Front Park
H?
It will build awareness of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
importance of trees; improve the environment while enhancing Ocean Front Park by
providing shade.
FI:
$900.00 for trees and staking materials
ISCAL MPACT
A:
This celebration is necessary as one of the requirements of being a
LTERNATIVES
Tree City USA.
16 of 514
Proclamation
, in 1872 J. Sterling Morton proposed to the Nebraska Board of
WHEREAS
Agriculture that a special day be set aside for the planting of trees; and
this holiday, called Arbor Day, was first observed with the planting of
WHEREAS,
more than a million trees in Nebraska; and
, Arbor Day is now observed throughout the nation and the world; and
WHEREAS
, trees can reduce the erosion of our precious topsoil by wind and water,
WHEREAS
cut heating and cooling costs, moderate the temperature, clean the air, produce
oxygen, and provide habitat for wildlife; and
, trees are a renewable resource giving us paper, wood for our homes,
WHEREAS
fuel for our fires and countless other wood products; and
, trees in our City increase property values, enhance the economic vitality
WHEREAS
of business areas, and beautify our community; and
, trees, wherever they are planted, are a source of joy and spiritual
WHEREAS
renewal.
, I, Jerry Taylor, by virtue of the authority vested in me as
NOW, THEREFORE
Mayor of the City of Boynton Beach, Florida, hereby proclaim April 23, 2013 as:
ARBOR DAY
in the City of Boynton Beach, and I urge all citizens to support efforts to protect our
trees and woodlands and to support our City's urban forestry program; and
, I urge all citizens to plant trees to gladden the hearts and promote the
FURTHER
well-being of present and future generations.
, I have hereunto set my hand and caused the Seal of the
IN WITNESS WHEREOF
th
City of Boynton Beach, Florida to be affixed this 16 day of April in the Year 2013.
________________________________
Jerry Taylor, Mayor
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
17 of 514
18 of 514
3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Proclaim May 4 - 12, 2013 as National Travel and
EQUESTED CTION BY ITY OMMISSION
Tourism Week. Accepting the proclamation is Jorge Pesquera, President & CEO of the Palm
Beach County Convention & Visitors Bureau.
ER:
To mark this year’s National Travel and Tourism Week the
XPLANATION OF EQUEST
Palm Beach County Convention and Visitor’s Bureau (CVB) is joining dozens of travel
supporters throughout the country in a rally on May 7, 2013.
The goal of the Travel Rally Day and National Travel and Tourism Week is to create a
greater appreciation of travel and tourism’s impact on our local economy and the more
than 14.4 million Americans whose jobs depend on travel.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not allow proclamation.
LTERNATIVES
19 of 514
PROCLAMATION: NATIONAL TRAVEL & TOURISM WEEK
Whereas
travel matters to the nation’s economic prosperity and its image abroad, to business
success and to individual travelers;
Whereas
travel to and within the United States provides significant economic benefits for the
nation, generating $1.9 trillion in economic output, with $813 billion spent directly by travelers
that spurred an additional $1.1 trillion impact on other industries;
Whereas
travel is among the largest private-sector employers in the United States, supporting
14.4 million jobs, including 7.5 million directly in the travel industry and 6.9 million in other
industries;
Whereas
travelers’ spending directly generated tax revenues of $124 billion for federal, state
and local governments, funds used to support essential services and programs;
Whereas
the agencies of the Palm Beach County Tourist Development Council: Palm Beach
County Convention and Visitors Bureau, Cultural Council, Sports Commission and Film
Commission develop marketing and sales strategies to support tourism which as one of Palm
Beach County’s largest industries generates an annual economic impact of $5 billion in the local
economy, welcomes five million visitors a year, supports 45,000 industry jobs;
Whereas
the Palm Beach County Convention and Visitors Bureau provides the overarching
brand platform and market awareness that has maintained Palm Beach County’s positive
growth in tourism performance for three consecutive years;
Whereas
international travel to the United States is the nation’s largest single export industry –
greater than the export of business services, machinery, computer and electronic products,
motor vehicles and agriculture. According to the most recent statistics, travel generated $152.4
billion in exports, creating $42 billion in balance of travel trade surplus for the U.S.;
Whereas
leisure travel, which accounts for more than three-quarters of all trips taken in the
United States, spurs countless benefits to travelers’ creativity, cultural awareness, education,
happiness, productivity, relationships and wellness;
Whereas
travel is a catalyst that moves the national economy forward;
Now, therefore, I, (Officials Name) do hereby proclaim May 4-12, 2013 as National Travel and
Tourism Week in (insert City), and urge the citizens of (insert City) to join me in this special
observance by wearing red on National Travel Day, May 7, 2013 as a symbol of unity among
travel and tourism workers and supporters.
_____________________________________ [ AFFIX SEAL ]
Official’s Name
20 of 514
3. D
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Proclaim the week of April 21 to April 27, 2013, as
EQUESTED CTION BY ITY OMMISSION
National Preservation Week
ER:
Libraries, museums, archives and other organizations work
XPLANATION OF EQUEST
every day to preserve cultural history. Billions of artifacts are held in public trust by more
than 30,000 repositories in the United States of which 2.6 billion are not protected by an
emergency plan.
Preservation awareness is important to preserve billions of items at risk at our heritage
institutions and plausibly trillions of items held by the general public.
H?
The Proclamation will promote
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
public awareness of the Library’s archival and preservation services and increase its
customer patronage.
FI:
N/A
ISCAL MPACT
A:
Not allow the Proclamation.
LTERNATIVES
21 of 514
PROCLAMATION
WHEREAS, the first Heritage Health Index was prepared in 2004 to document the preservation needs in
libraries, museums, and archives collections across the country. That survey showed that roughly 1.3
billion items need some type of treatment to reduce the risk and rate of damage to collections;
WHEREAS, no one can even estimate the preservation needs in the collections of individuals, families,
community groups and the community, which were not surveyed;
WHEREAS, recognizing this need, the American Library Association and its Association for Library
Collections and Technical Services inaugurated Preservation Week, along with national partners that
include the Library of Congress, Institute of Library and Museum Services, American Institute for
Conservation, Society of American Archivists, Heritage Preservation and locally with the Boynton Beach
City Library;
WHEREAS, Preservation Week is our opportunity to inspire action to preserve collections in libraries,
archives and museums, of course; but especially the items held and loved by individuals, families,
community groups and the community;
WHEREAS, the memories and treasures of individuals, families, community groups and the community
are essential to our understanding of history and its participants;
WHEREAS, Preservation Week activities will also raise awareness of the role libraries and other cultural
institutions play in providing essential preservation information;
WHEREAS, during Preservation Week, April 21-27, 2013, the Boynton Beach City Library will join
hundreds of libraries across the country and provide information and expertise on how to preserve
collectables, photos, family records and other valuable materials;
WHEREAS, no longer just a place for books, the Boynton Beach City Library is also an excellent
resource for high quality information and expertise on preservation;
WHEREAS, during 2013, Boynton Beach City Library will host a number of workshops to help Boynton
Beach residents preserve their history beginning with “How to Preserve and Care for Your Family
th
Photographs” on April 27;
NOW, THEREFORE, be it resolved that I, Jerry Taylor, Mayor of the City of Boynton Beach, proclaim,
April 21-27, 2013 as
NATIONAL PRESERVATION WEEK
Inviting everyone to join the Library and participate in its efforts to preserve our community’s rich history.
IN WITNESS THEREOF, I have hereunto set my hand and caused the official seal of the City of Boynton
th
Beach, Florida, to be affixed to this proclamation on the 16 day of April Two Thousand Thirteen.
________________________________
Jerry Taylor, Mayor
ATTEST:
_________________________
City Clerk
(Corporate Seal)
22 of 514
3. E
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Proclaim the month of May 2013 as National
EQUESTED CTION BY ITY OMMISSION
Mental Health Month. Accepting the proclamation is Gerda Klein, Chairperson of the Boynton
Beach Mental Health Initiative.
ER:
This proclamation is being made to increase awareness and
XPLANATION OF EQUEST
understanding of mental health, the steps our citizens can take to protect their mental
health, and the need for early identification, appropriate and accessible services for all
people struggling with mental illness.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
23 of 514
PROCLAMATION
WHEREAS,
mental illness is recognized as a prevalent health problem in America, exceeding cancer,
lung disease, heart disease and obesity combined, and early diagnosis and treatment can enable most
individuals to recover and lead productive lives, and;
WHEREAS,
one in four adults in Palm Beach County, or more than 273,000, plus 21per cent of children
and youth—cutting across socio-economic boundaries—have mental illness and nearly half of those
suffer from two or more conditions simultaneously, including schizophrenia, bipolar disorder, substance
abuse and depression which may result in joblessness, domestic violence, homelessness, absenteeism,
divorce, bullying, school dropouts and suicide, and;
WHEREAS
, the capacity of mental health service providers and stakeholdlers in Palm Beach County is
being severely diminished day by day as a result of economic limitations and political divisions that
hinder education, early identification and access to service, and stand in the way of organizing for
services, and;
WHEREAS,
advocates and elected officials in South County have proclaimed mental health a priority
and have combined efforts to provide leadership and assistance to break the silence throughout Palm
Beach County through an action alliance on mental health, and;
WHEREAS,
each business, school, government agency, healthcare provider, organization and citizen
shares the burden of mental health problems and has a responsibility to promote mental wellness and
support prevention efforts, and;
THEREFORE,
in recognition of the continued efforts of the grass roots Boynton Beach Mental Health
Initiative to promote mental health education and awareness in the greater Boynton Beach community, I,
Jerry Taylor, by virtue of the authority vested in me as Mayor, do hereby proclaim May 2013
National Mental Health Month
in the City of Boynton Beach and also call upon the citizens, government agencies, public and private
institutions, businesses and schools in the City to recommit our community to increasing awareness and
understanding of mental health, the steps our citizens can take to protect their mental health, and the need
for early identification, appropriate and accessible services for all people struggling with mental illness.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
th
Beach, Florida, to be affixed at Boynton Beach Florida, this 16 day of April in the Year 2013.
______________________________
Jerry Taylor, Mayor
ATTEST:
____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
24 of 514
3. F
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Announce the Ocean Avenue Concert for Friday,
EQUESTED CTION BY ITY OMMISSION
April 19, 2013
ER:
On Friday, April 19, 2013, the Boynton Beach CRA will present
XPLANATION OF EQUEST
an Ocean Avenue Concert, featuring Orange Sunshine performing a tribute to the great rock
hits of the 60’s & 70’s. This FREE concert will take place from 7:00 to 9:00 at the Ocean
PM PM
Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean 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
25 of 514
3. G
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Announce the Movies on the Ave film for May 3,
EQUESTED CTION BY ITY OMMISSION
2013
ER:
On Friday, May 3, 2013, the Boynton Beach CRA and the City of
XPLANATION OF EQUEST
SKYFALL
Boynton Beach will present a “Movies on the Ave” film screening, featuring (PG-
13). This FREE event will take place from 8:00 to 10:00 at the Ocean Avenue
PM PM
Amphitheatre next to the Schoolhouse Children’s 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
26 of 514
3. H
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Announce "Sunday in the Park", located at Ocean
EQUESTED CTION BY ITY OMMISSION
Ave. Park on Sunday, May 5, 2013
ER:
On Sunday, May 5, 2013, the Boynton Beach CRA presents the
XPLANATION OF EQUEST
Sunday in the Park Series featuring a live musical performance by the Spencer Allan Patrick
Trio! This FREE event will take place at Ocean Avenue Park on the NE corner of E.Ocean
th
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:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
27 of 514
3. I
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Announce the Ocean Avenue Concert for Friday,
EQUESTED CTION BY ITY OMMISSION
May 17, 2013
ER:
On Friday, May 17, 2013, the Boynton Beach CRA will present
XPLANATION OF EQUEST
The People Upstairs
an Ocean Avenue Concert, featuring the popular local group performing a
wide range of music. This FREE concert will take place from 7:00 to 9:00 at the Ocean
PM PM
Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean 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
28 of 514
3. J
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Announce the Let’s Move Boynton Walk on
EQUESTED CTION BY ITY OMMISSION
Wednesday, April 24th at 5:00 pm beginning at the Boynton Beach Amphitheatre located at 129
East Ocean Avenue.
ER:
The City of Boynton Beach, in partnership with Palm
XPLANATION OF EQUEST
Healthcare and WPEC-Channel 12, is participating in a countywide initiative to increase
physical activity during the month of April.
The Let’s Move Boynton Walk is a component of this initiative; a 2-mile walk will take
th
place on Wednesday, April 24 at 5:00 pm. The Let’s Move Boynton Walk begins at the
Amphitheatre, 129 East Ocean Avenue and travels east across the bridge to Oceanfront
Park and back. Participants will receive a complimentary tee-shirt the day of the walk
while supplies last. Registration will occur on site prior to the walk.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not allow announcement.
LTERNATIVES
29 of 514
5. A
ADMINISTRATIVE
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-029 -
EQUESTED CTION BY ITY OMMISSION
Appoint a City Commission representative and alternate to the Coalition of Boynton West
Residents Association (COBWRA)
ER:
The Coalition of Boynton West Residents Association
XPLANATION OF EQUEST
(COBWRA) is an assembly of representatives of the various subdivisions in
unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City
representative and alternate are welcome to attend the meetings to address issues of
rd
interest or concern. The meeting is held the 3 Wednesday of each month at 10:00
a.m. at various locations throughout the COBWRA area.
H?
Maintain awareness of matters of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
significance to the City.
FI:
None
ISCAL MPACT
A:
The alternative to this decision would be to not make an appointment to
LTERNATIVES
this association.
30 of 514
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
__________________________ AS A REPRESENTATIVE TO
THE COALITION OF BOYNTON WEST RESIDENTIAL
ASSOCIATIONS, INC., (COBWRA) AND APPOINTING
_________________________________ AS ALTERNATE
REPRESENTATIVE TO THE COALITION OF BOYNTON
WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA);
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA);
and
WHEREAS, the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor
of service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being
true and correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_______________________ as a representative to the Coalition of Boynton West Residential
Associations, Inc., (COBWRA) and appoints _________________________________ as
alternate representative to the Coalition of Boynton West Residential Associations, Inc.,
(COBWRA).
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ______ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
31 of 514
________________________________
Mayor – Jerry Taylor
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – David T. Merker
___________________________________
Commissioner – Michael M. Fitzpatrick
___________________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Appointments\Reso - COBWRA Appt 2013.doc
32 of 514
33 of 514
5. B
ADMINISTRATIVE
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-030 -
EQUESTED CTION BY ITY OMMISSION
Appoint a City Commission representative and alternate to the Countywide Intergovernmental
Coordination Program
ER:
The Countywide Intergovernmental Coordination Program
XPLANATION OF EQUEST
has been in place for several years under the auspices of two interlocal agreements that
were signed by all municipalities, the School Board, the Water Management District and
several special districts. The members of this Forum meet quarterly to discuss issues
of inter-jurisdictional significance. Each individual local government decides the length
of the term.
H?
Maintain awareness and have
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
input into matters of inter-jurisdictional significance.
FI:
None
ISCAL MPACT
A:
Not make an appointment to this organization.
LTERNATIVES
34 of 514
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
__________________________ AS A REPRESENTATIVE TO
THE COUNTYWIDE INTERGOVERNMENTAL
COORDINATION PROGRAM AND APPOINTING
__________________________ AS ALTERNATE
REPRESENTATIVE TO THE COUNTYWIDE
INTERGOVERNMENTAL COORDINATION PROGRAM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Countywide Intergovernmental Coordination Program; and
WHEREAS, the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor
of service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being
true and correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_______________________ as a representative to the Countywide Intergovernmental
Coordination Program and appoints _________________________ as alternate representative to
the Countywide Intergovernmental Coordination Program.
Section 3. That this Resolution shall become effective immediately upon passage.
35 of 514
PASSED AND ADOPTED this ______ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jerry Taylor
___________________________________
Vice-Mayor – Woodrow L. Hay
___________________________________
Commissioner – David T. Merker
___________________________________
Commissioner – Michael M. Fitzpatrick
___________________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Appointments\Reso - Countywide Intergovernmental Coordination Program 2013.doc
36 of 514
37 of 514
5. C
ADMINISTRATIVE
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-031 -
EQUESTED CTION BY ITY OMMISSION
Appoint a City Commission representative and alternate to the Metropolitan Planning
Organization
ER:
The Metropolitan Planning Organization was created by
XPLANATION OF EQUEST
federal regulations and Florida Statutes to meet federal requirements for obtaining and
expending federal transportation funds. The MPO is composed of local elected officials
from County and municipal bodies. The responsibilities of the MPO encompass multi-
modal transportation planning and addresses short term (five-year) and long-range (20-
rd
year) time frames. The MPO meeting is held on the 3 Thursday of the month at the
PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last
two hours.
H?
Maintain communications and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of MPO initiatives that may affect the City.
FI:
None
ISCAL MPACT
A:
Not make an appointment and have no representation on the MPO
LTERNATIVES
Board.
38 of 514
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
__________________________ AS A REPRESENTATIVE TO
THE METROPOLITAN PLANNING ORGANIZATION
AND APPOINTING ________________ AS ALTERNATE
REPRESENTATIVE TO THE METROPOLITAN
PLANNING ORGANIZATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Metropolitan Planning Organization; and
WHEREAS, the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor
of service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being
true and correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_______________________ as a representative to the Metropolitan Planning Organization and
appoints _________________________ as alternate representative to the Metropolitan Planning
Organization.
Section 3. That this Resolution shall become effective immediately upon passage.
39 of 514
PASSED AND ADOPTED this ______ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jerry Taylor
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – David T. Merker
___________________________________
Commissioner – Michael M. Fitzpatrick
___________________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Appointments\Reso - Metropolitan Planning Organization 2013.doc
40 of 514
41 of 514
5. D
ADMINISTRATIVE
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-032 -
EQUESTED CTION BY ITY OMMISSION
Appoint a City Commission representative and alternate to the Palm Beach County League of
Cities
ER:
The Palm Beach County League of Cities shall advocate the
XPLANATION OF EQUEST
collective interests of the municipalities in Palm Beach County in accordance with the
principles of self-government. The Municipal League of Palm Beach County meets on
the fourth Wednesday of each month at 10:30 a.m. at various locations. The
membership term is one year.
H?
Maintain awareness and have
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
input into matters of significance to the City.
FI:
None
ISCAL MPACT
A:
The alternative to this decision would be to not make an appointment to
LTERNATIVES
this organization.
42 of 514
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
AS A REPRESENTATIVE TO THE
PALM BEACH COUNTY LEAGUE OF CITIES, AND
APPOINTING ____________________________ AS
ALTERNATE REPRESENTATIVE TO THE PALM BEACH
COUNTY LEAGUE OF CITIES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to
representation on the Palm Beach County League of Cities; and
WHEREAS, the City Commission has considered the qualifications necessary for such
representation and wishes to bestow upon the following named individuals such right and honor
of service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being
true and correct and incorporated herein by reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints
_________________________ as a representative to the League of Cities and appoints
_______________________________ as alternate representative to the Palm Beach County
League of Cities.
Section 3. That this Resolution shall become effective immediately upon passage.
43 of 514
PASSED AND ADOPTED this ______ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jerry Taylor
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – David T. Merker
___________________________________
Commissioner – Michael M. Fitzpatrick
___________________________________
Commissioner – Joe Casello
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Appointments\Reso - Palm Beach County League of Cities 2013.doc
44 of 514
45 of 514
5. E
ADMINISTRATIVE
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
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 alternate
Code Compliance Board: 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Recreation and Parks Board: 1 regular and 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 alternate
Veterans Commission: 1 regular and 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.
46 of 514
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
47 of 514
48 of 514
49 of 514
50 of 514
51 of 514
52 of 514
53 of 514
54 of 514
55 of 514
56 of 514
57 of 514
58 of 514
59 of 514
60 of 514
61 of 514
62 of 514
63 of 514
64 of 514
65 of 514
66 of 514
67 of 514
68 of 514
69 of 514
70 of 514
71 of 514
72 of 514
73 of 514
74 of 514
75 of 514
76 of 514
6. A
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-033 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize signing of an Agreement for Water Service outside the City Limits with
Ridge Grove Association for the property at 7961 Overlook Rd, Lantana, FL.
ER:
Water service areas have been designated between the
XPLANATION OF EQUEST
County and local utilities. This was accomplished under agreement #85-757 and
revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach
County area outside of the City limits in our water service area north of Miner Rd
between N Seacrest Blvd and Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
H?
The City is able to provide water to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the property resulting from water main improvements constructed by Palm Beach
County. The owner agrees to be responsible for all costs to provide service to the
owner’s premises. No additional construction is required by the City to serve this
property.
FI:
Customers outside the City limits pay an additional 25% surcharge
ISCAL MPACT
above the water rates charged to customers within the City.
77 of 514
A:
Deny request to provide service. If service is denied the Consumptive
LTERNATIVES
Use Permit could be subject to modification. The Utility Department is granted water
allocation under the South Florida Water Management District Consumptive Use Permit.
The current permit has limiting restriction #19 that states “The Permittee shall notify the
District within 30 days of any change in service area boundary. If the Permittee will not
serve a new demand within the service area for which the annual allocation was
calculated, the annual allocation may then be subject to modification and reduction”.
78 of 514
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND RIDGE GROVE ASSOCIATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, at 7961 Overlook Road, Lantana, Florida (PCN: 00-43-45-09-08-
000-1561); and
WHEREAS, the parcel covered by this agreement is located in unincorporated Palm
Beach County portion of the City’s utility service area; and
WHEREAS, the property historically receives water from a well and the owner now
requests that the City provide potable water in the future; and
WHEREAS, no additional construction will be required by the City to serve this
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission hereby authorizes and directs the Interim City
Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and
Ridge Grove Association, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of April, 2013.
79 of 514
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Woodrow L. Hay – Vice Mayor
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Michael Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
___________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Reso - Ridge Grove Assn Water Service Agreement.doc
80 of 514
81 of 514
82 of 514
83 of 514
84 of 514
85 of 514
86 of 514
87 of 514
88 of 514
89 of 514
6. B
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-034 -
EQUESTED CTION BY ITY OMMISSION
nd
Assess the cost of nuisance abatement on the property located at 2651 NW 2 Street which is
located within the City of Boynton Beach
ER:
In accordance with the Municipal Lien Procedure on file in
XPLANATION OF EQUEST
nd
the City of Boynton Beach, the property located at 2651 NW 2 Street was cited by
Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an
invoice to the property owner. There was no response within the required 30-day
period. Copies of the invoice was then forwarded to the City Clerk’s Office for
continuation of the procedure. The property owner was again issued a copy of the
invoice and a letter which offered an opportunity to pay the invoice within an additional
30-day period. The property owner still has not responded to our correspondence.
At this point in the procedures, authorization is requested to record a lien against this
property in the public records of Palm Beach County within 30 days of adoption of the
Resolution. Prior to sending the Resolution to the County for recording, the City Clerk
will send another letter to the property owner notifying them they have another 30 days
to pay the invoice before the Resolution is sent for recording. An additional
administrative fee of $30 will be added to the assessment when the Resolution is sent
to the County for recording.
Thirty days after the Resolution is recorded, the property owner will receive, by certified
mail, a copy of the Resolution and another letter stating the unpaid balance will accrue
interest at a rate of 8% per annum.
90 of 514
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This process allows us to place liens on the properties in order to
ISCAL MPACT
reimburse the City for the services that were provided when the nuisances were abated.
A:
The alternative would be to not place liens on the properties and not
LTERNATIVES
collect for the service provided.
91 of 514
RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES AGAINST
THE OWNERS OF THE PROPERTIES INVOLVED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a contract vendor was requested by Code Compliance to mow the lots,
remove vegetation and board up structures on the properties, described in Exhibit “A”; and
WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced
by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS, said nuisance was not abated as required; and,
WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on
their property; and
WHEREAS, the City Manager or her authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s) involved,
which is described in Exhibit “A” attached to this Resolution; and
WHEREAS, upon passage of this Resolution, the property owners will be furnished with
a copy of this Resolution, and given one more opportunity to remit all costs associated with the
abatement in full within 30 days of the passage of the Resolution, before transmittal to the
County for recordation of Liens; and
Now, therefore, be it resolved by the city commission of the city of boynton beach,
Florida as follows:
Section 1: Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the above-
described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED EXHIBIT “A”
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien. Liens
shall be of equal dignity with the taxes there from for the year 2013, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
92 of 514
the event collection proceedings are necessary, the property owner shall pay all
costs of the proceedings, including reasonable attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_______________________________
Commissioner – Joe Casello
_____________________________
Janet M. Prainito, MMC
City Clerk
{Corporate Seal}
93 of 514
94 of 514
6. C
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 Bid for "ANNUAL CONTRACT FOR
EQUESTED CTION BY ITY OMMISSION
HARDWARE SUPPLIES AND ELECTRICAL COMPONENTS" Bid # 035-1412-13/MFD to the
following six (6) companies: Electrical Access Specialist, Erin Electrical Enterprises, Graybar
Electric Company, HD Supply Power Solutions, Miller Bearings and World Electric Supply on an
overall basis, to the lowest, most responsive, responsible bidders who met all specifications with
an estimated annual amount of $90,000.00.
: A28,2013–A27,2014
CONTRACT PERIODPRIL PRIL
ER:
On March 6, 2013 Procurement Services opened and
XPLANATION OF EQUEST
tabulated seven (7) bids for Hardware Supplies and Electrical Components. All bids
were reviewed by the Warehouse Manager. It was determined to recommend this
”.
award in part to six (6) companies as overall “LOW BIDDERSLast year’s
expenditures were $89,385.11. The previous year’s expenditures were $77,325.84. This
year’s expenditures will be an estimated $90,000.
Electrical Access Specialist - 4 Items *
Erin Electrical Enterprises - 91 Items
Graybar Electric Company - 21 Items
HD Supply Power Solutions - 51 Items
Miller Bearings - 34 Items
World Electric Supply - 10 Items
No Award - 28 Item
Total 239 Items
95 of 514
* Exceptions: The following vendor requires a minimum dollar amount per order:
Electrical Access Specialist $50.00
If an order does not meet the minimum requirement for the above vendor, purchase
orders will go out for quotes with the bid vendors that offer the additional discounts. If an
order meets the minimum requirement, the order will be placed with this low vendor.
Items 102-158 were awarded to the second lowest bidder because the lowest bidder
could not guarantee prices on these items for a full year.
The following vendors included a discount of % off list for all items not listed on the bid.
Electrical Access Specialist 50%
Erin Electrical Enterprises 26%
Graybar Electrical Company 5%
HD Supply Power Solutions 10%
Miller Bearings 10%
World Electric Supply 15%
The following vendors were not awarded due to these reasons:
Northeast Electrical was deemed non-responsive due to the fact that the vendor
did not sign the non-collusion form and did not notarize the anti-kickback form.
Several attempts were made to rectify this oversight with no success.
The bid will be for the period of April 28, 2013 to April 27, 2014 and allow for two (2) one
(1) year extension at the same terms, conditions and prices subject to vendor
acceptance, satisfactory performance and determination that the renewal is in the best
interest of the City. The contract starts on April 28, 2013 because the current contract
expires April 27, 2013.
PROGRAM IMPACT:
The purpose of this bid is to secure a source of supply for the
purchase of various hardware supplies and electrical components. These supplies will
be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse.
FI:ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCKANNUAL EXPENDITURE
502-0000-141-0100 $90,000
A:
Obtain quotes on an “as needed” basis which would not be cost
LTERNATIVES
effective.
96 of 514
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
TO:
Tim Howard, Director of Financial Services
FROM:
Michael Dauta, Warehouse Manager
DATE:
March 19, 2013
SUBJECT:
Hardware Electrical Bid # 035-1412-13/MFD
I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The
evaluating factors used were A) Pricing; B) Brand
Last year’s expenditures were $89,385.11. The previous year’s expenditures were $77,325.84.
The increase is due to the fact that we stock more products for the new lift station systems. This
year’s expenditures will be an estimated $90,000.
Please see notes for explanations
Electrical Access Specialist
Item(s) #
86,87,88,89
Erin Electrical Enterprises
Item(s) #
21,22,23,24,25,29,60,102,103,104,105,106,107,108,109,110,111,112,113,114,115,116,
117,118,119,120,121,122,123,124,125,126,127,128,129,130,131,132,133,134,135,136,
137,138,139,140,141,142,143,144,145,146,147,148,149,150,151,152,153,154,155,156,
157,158,159,160,163,165,180,182,188,190,192,195,203,204,205,206,207,208,209,210,
211,212,214,215,217,218,219,220,239
Graybar Electric Company
97 of 514
Item(s) #
161,162,166,167,168,169,176,185,186,187,191,199,200,201,202,213,216,222,226,227, 228
HD Supply Power Solutions
Item(s) #
1,2,3,4,7,8,9,11,14,17,26,34,35,36,37,38,39,40,59,61,71,81,82,83,92,93,94,95,96,97,98,
170,171,172,173,174,175,177,178,183,184,189,193,194,196,197,198,221,223,224,225
Miller Bearings
Item(s) #
6,10,16,27,28,45,46,47,54,55,56,62,63,64,65,66,73,74,75,76,77,78,79,99,100,101,229,
231,232,233,234,235,236,237
World Electric Supply
Item(s) #
5,69,72,84,85,90,91,181,230,238
No Bids
Item(s) #
12,13,15,18,19,20,30,31,32,33,41,42,43,44,48,49,50,51,52,53,57,58,67,68,70,80,164,179
Notes
Item 164 was recently changed from 10amps to 15amps. This happened after we received
the proposals. I included this item in the No Bids. We will go out for quotes when the item
is needed by contacting the bid vendors that offer the additional discount.
Items 102 – 158 were not awarded to HD Supply Power Solutions because they could not
guarantee the prices for a full year. We awarded these items to the next lowest bidder who can.
Northeast Electrical was non-responsive. They refused to sign the non-collusion form and have
the anti kickback form notarized.
Electrical Access Specialist has a minimum order of $50.00. If we do not meet this minimum we
will contact the other bid vendors for quotes.
In addition, the following vendors included a discount of % off list for all items not listed on the
bid.
Electrical Access Specialist 50%
Erin Electrical Enterprises 26%
Graybar Electrical Company 5%
HD Supply Power Solutions 10%
Miller Bearings 10%
World Electric Supply 15%
98 of 514
99 of 514
100 of 514
101 of 514
102 of 514
103 of 514
104 of 514
105 of 514
106 of 514
107 of 514
108 of 514
109 of 514
110 of 514
111 of 514
112 of 514
113 of 514
114 of 514
115 of 514
116 of 514
117 of 514
118 of 514
119 of 514
120 of 514
121 of 514
122 of 514
123 of 514
124 of 514
125 of 514
126 of 514
127 of 514
128 of 514
129 of 514
130 of 514
131 of 514
132 of 514
133 of 514
6. D
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 purchase of 47 Dell OptiPlex Desktop
EQUESTED CTION BY ITY OMMISSION
Computers and five software kits from the Dell Corporation for the City Library utilizing State
Contract # 250-000-09-1 in the amount of $38,433.62 using State Aid to Public Libraries Grant
Funding.
ER:
These computers will replace current public computers in
XPLANATION OF EQUEST
the Library’s adult and teen areas which are older than four years and are no longer
under warranty.
H?
These new computers will be an
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
improvement of service to the public by providing a faster speed and updated software.
Windows XP computers are being phased out and Window 7 is being phased in.
FI:
These expenses do not affect the General Fund. This equipment will
ISCAL MPACT
be purchased from the State Aid to Public Libraries Grant, which is a grant awarded
annually to the Library from the Florida State Library. These funds are used for
maintaining and updating to current and relevant technologies in the Library. This
expense will be charge to account number 105-3221-513-64-15.
A:
None.
LTERNATIVES
134 of 514
135 of 514
136 of 514
137 of 514
138 of 514
139 of 514
140 of 514
6. E
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 vehicle/equipment submitted by the
EQUESTED CTION BY ITY OMMISSION
Public Works /Fleet Maintenance for disposal.
ER:
Fleet Maintenance is submitting fifteen (15) items to be
XPLANATION OF EQUEST
disposed at auction utilizing the City of Boynton Beach’s contracted vendor JJ Kane.
The proceeds will generate revenue for the Fleet Maintenance Fund and the police
forfeiture account for the confiscated items. Fleet Maintenance has verified that the
vehicles are no longer of use and has completed all proper documentation for disposal.
Public Works/ Fleet Maintenance requests Commission’s review, evaluation and
approval to sell the surplus vehicles/equipment.
H?
The disposal of obsolete, damaged
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and surplus vehicles/equipment will remove the need to store the items, and allow the
Finance Department to remove the items from the City’s fixed asset records.
FI:
The revenue generated from the sale of surplus vehicles/equipment will
ISCAL MPACT
be placed in the Fleet Maintenance Fund, and credited to the revenue account# 501-
0000-365-01-00. The proceeds from the four confiscated items from the police
department will be deposited into a police forfeiture account 691-0000-247-04-25.
A:
Continue to store equipment.
LTERNATIVES
141 of 514
142 of 514
6. F
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-035 -
EQUESTED CTION BY ITY OMMISSION
Approve request for Short Sale - David & Alexis Massey
ER:
David and Alexis Duarte Massey purchased property
XPLANATION OF EQUEST
located at 8 Via De Casas Sur #103 in 2006, in the amount of $215,000. The first
mortgage which was financed in part by Fidelity Federal Bank & Trust in the amount of
$170,000, and subsidized by SHIP funding from the City of Boynton Beach in the
amount of $45,000. The Massey’s have relocated to Georgia, are requesting that the
City of Boynton Beach approve of a Short Sale in the amount of $85,000.
According to the preliminary HUD settlement statement (see attached) the City has
been offered $4,500 as satisfaction of the second mortgage which exceeds the
reimbursement requirement under the City’s Short Sale Policy.
The City of Boynton Beach Short Sale Policy as adopted on February 5, 2013 requires
in part “The owner of the property must provide proof of hardship”. The seller has not
provided sufficient information to substantiate a clear perception of hardship.
Mortgage payments to loan servicer are current
HOA fees are current
Sellers indicate that they are paying rent in Georgia, but do not disclose or
provide proof
Sellers did not provide proof of current finances to include current income, nor
was it addressed in their letter
143 of 514
Payroll direct deposit for Mr. Massey estimates annual income of $65,780;
however, there are other deposits in excess of $1,000 which are not identified.
2011 income tax return reveals adjusted income of $75,247. There is no
disclosure as to the employment status of the wife
The buyer’s approval letter lists the buyer of the property with his current address
the same as that which he is purchasing, which lends the assumption that the
property is currently rented to the buyer
Although the bank has accepted $85,000 as a settlement offer, appraisals
attached indicate a value of $92,000
They have, however, as stated in the City’s policy, relocated out of Palm Beach County.
H?
Allowing or disallowing a Short
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Sale will not affect the City’s programs or services.
FI:
The lender has offered a settlement in the amount of $4,500, which
ISCAL MPACT
exceeds the required eight percent (8%) of the City’s Second Mortgage amount of
$45,000 as per the City’s Short Sale Policy.
A:
Not approve the short sale and file a judgment for the $45,000 debt.
LTERNATIVES
144 of 514
RESOLUTION R13-____
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
THE OFFER OF $4,500 AS SETTLEMENT OF THE
CITY’S SECOND MORTGAGE AS A RESULT OF A
PROPOSED SHORT SALE FOR DAVID AND ALEXIS
MASSEY BASED ON THE CITY’S SHORT SALE
POLICY FOR FIRST TIME HOMEBUYER
ASSISTANCE PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, with the assistance of the City of Boynton Beach’s first time
homebuyer assistance program David and Alexis Massey purchased their home at 8 Via De
Casas Sur #103 for $215,000 in June of 2006; and
WHEREAS, the City of Boynton Beach’s second mortgage in the amount of $45,000
is a zero interest (0%) lien that runs concurrent with the first mortgage; and
WHEREAS, rather than be foreclosed upon, the homeowner was able to secure a
buyer for the property and their bank has agreed to a short sale in the amount of $85,000; and
WHEREAS, the proposed settlement offer is in accordance with the City’s Short
Sale Policy for the City’s First Time Homebuyer Assistance Program; 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 accept the offer of $4,500 as settlement of the City’s second
Mortgage as a result of the proposed short sale for David and Alexis Massey.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
accepts the offer of $4,500 as settlement of the City’s second Mortgage as a result of the
145 of 514
proposed short sale for David and Alexis Massey.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this ___ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jerry Taylor
________________________________
Vice Mayor – Woodrow L. Hay
________________________________
Commissioner – David T. Merker
________________________________
Commissioner – Michael M. Fitzpatrick
________________________________
Commissioner – Joe Casello
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Reso - Accept Massey Short Sale.doc
146 of 514
147 of 514
148 of 514
149 of 514
150 of 514
151 of 514
152 of 514
153 of 514
154 of 514
155 of 514
156 of 514
157 of 514
6. G
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 2, 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 Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on March 19, 2013
The City Commission met on March 19, 2013 and minutes were prepared from the
notes taken at the meeting. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
H?
A record of the actions taken by
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
158 of 514
159 of 514
160 of 514
161 of 514
162 of 514
163 of 514
164 of 514
165 of 514
166 of 514
167 of 514
168 of 514
169 of 514
170 of 514
171 of 514
172 of 514
173 of 514
174 of 514
175 of 514
176 of 514
177 of 514
178 of 514
179 of 514
6. H
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of March 2013.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for March
2013:
Purchase Order Vendor Amount
130699 Anzco, Inc. $ 30,900.00
130714 Hub City Ford, Inc. $ 23,961.00
130730 PJ’s Land Clearing & Excavating $ 22,000.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
180 of 514
FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
181 of 514
182 of 514
183 of 514
184 of 514
185 of 514
186 of 514
187 of 514
188 of 514
189 of 514
190 of 514
191 of 514
192 of 514
193 of 514
194 of 514
195 of 514
196 of 514
197 of 514
198 of 514
199 of 514
200 of 514
201 of 514
202 of 514
203 of 514
204 of 514
205 of 514
206 of 514
207 of 514
208 of 514
209 of 514
210 of 514
211 of 514
212 of 514
213 of 514
214 of 514
215 of 514
216 of 514
217 of 514
218 of 514
219 of 514
220 of 514
221 of 514
222 of 514
223 of 514
224 of 514
225 of 514
226 of 514
227 of 514
228 of 514
229 of 514
230 of 514
231 of 514
232 of 514
233 of 514
234 of 514
235 of 514
236 of 514
237 of 514
238 of 514
239 of 514
240 of 514
241 of 514
6. I
CONSENT AGENDA
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. R13-036 -
EQUESTED CTION BY ITY OMMISSION
Approve and ratify the Collective Bargaining Agreement for the Blue Collar unit between the
SEIU Florida Public Services Union, CTW, CLC and the City.
PROPOSED RESOLUTION NO. R13-037 - Approve and ratify the Collective Bargaining
Agreement for the White Collar unit between the SEIU Florida Public Services Union, CTW, CLC
and the City.
ER:
XPLANATION OF EQUEST
The term of the Collective Bargaining Agreements (CBAs) for the Blue Collar and White
Collar bargaining units of the SEIU Florida Public Services Union, CTW, CLC expired
on September 30, 2011. The City and the Unions began bargaining successor
agreements in September 2011. Bargaining was completed in September 2012. Both
bargaining units ratified the successor agreements on February 26, 2013. The term of
the successor collective bargaining agreements is October 1, 2011 to September 30,
2013. As the final step in the collective bargaining process, staff is recommending that
the Commission approve/ratify the successor agreements (attached) for
implementation.
Attachments:
SEIU Florida Public Services Union, CTW, CLC – Blue Collar Bargaining Agreement
SEIU Florida Public Services Union, CTW, CLC – White Collar Bargaining Agreement
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
242 of 514
Having successor agreements in place will provide bargaining unit employees and
management with guidance on the current terms and conditions of employment in
effect.
FI:
ISCAL MPACT
The major monetary items remained as status quo and therefore have limited impact on
the FY12/13 budget.
A:
LTERNATIVES
Do not approve and ratify the agreements, which would result in maintaining the status
quo for the contract period ending September 30, 2011 and return to the bargaining
table for further negotiations of these contracts.
243 of 514
RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND THE SEIU
FLORIDA PUBLIC SERVICES UNION, CTW, CLC –
BLUE COLLAR UNIT FOR THE THREE YEAR
PERIOD OF OCTOBER 1, 2011 THROUGH
SEPTEMBER 30, 2013, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
Union, CTW, CLC – Blue Collar Unit have successfully concluded negotiations for a three
(3) year contract; and
WHEREAS, on February 26, 2013, the Agreement was ratified by the Bargaining
Unit of the Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
best interests of the residents and citizens of the City to ratify the Agreement and authorize
the Mayor and City Clerk to execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public
Services Union, CTW, CLC – Blue Collar Unit for the three (3) year period of October 1,
2011 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to
execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
244 of 514
PASSED AND ADOPTED this ___ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
245 of 514
246 of 514
247 of 514
248 of 514
249 of 514
250 of 514
251 of 514
252 of 514
253 of 514
254 of 514
255 of 514
256 of 514
257 of 514
258 of 514
259 of 514
260 of 514
261 of 514
262 of 514
263 of 514
264 of 514
265 of 514
266 of 514
267 of 514
268 of 514
269 of 514
270 of 514
271 of 514
272 of 514
273 of 514
274 of 514
275 of 514
276 of 514
277 of 514
278 of 514
279 of 514
280 of 514
281 of 514
282 of 514
283 of 514
284 of 514
285 of 514
286 of 514
287 of 514
288 of 514
289 of 514
290 of 514
291 of 514
292 of 514
293 of 514
294 of 514
295 of 514
296 of 514
297 of 514
298 of 514
299 of 514
300 of 514
301 of 514
302 of 514
303 of 514
304 of 514
305 of 514
306 of 514
307 of 514
308 of 514
309 of 514
310 of 514
311 of 514
312 of 514
313 of 514
314 of 514
315 of 514
316 of 514
317 of 514
318 of 514
319 of 514
320 of 514
RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
THE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND THE SEIU
FLORIDA PUBLIC SERVICES UNION, CTW, CLC –
WHITE COLLAR UNIT FOR THE THREE YEAR
PERIOD OF OCTOBER 1, 2011 THROUGH
SEPTEMBER 30, 2013, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
Union, CTW, CLC – White Collar Unit have successfully concluded negotiations for a three
(3) year contract; and
WHEREAS, on February 26, 2013, the Agreement was ratified by the Bargaining
Unit of the Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
best interests of the residents and citizens of the City to ratify the Agreement and authorize
the Mayor and City Clerk to execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public
Services Union, CTW, CLC – White Collar Unit for the three (3) year period of October 1,
2011 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to
execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
321 of 514
PASSED AND ADOPTED this ___ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
322 of 514
323 of 514
324 of 514
325 of 514
326 of 514
327 of 514
328 of 514
329 of 514
330 of 514
331 of 514
332 of 514
333 of 514
334 of 514
335 of 514
336 of 514
337 of 514
338 of 514
339 of 514
340 of 514
341 of 514
342 of 514
343 of 514
344 of 514
345 of 514
346 of 514
347 of 514
348 of 514
349 of 514
350 of 514
351 of 514
352 of 514
353 of 514
354 of 514
355 of 514
356 of 514
357 of 514
358 of 514
359 of 514
360 of 514
361 of 514
362 of 514
363 of 514
364 of 514
365 of 514
366 of 514
367 of 514
368 of 514
369 of 514
370 of 514
371 of 514
372 of 514
373 of 514
374 of 514
375 of 514
376 of 514
377 of 514
378 of 514
379 of 514
380 of 514
381 of 514
382 of 514
383 of 514
384 of 514
385 of 514
386 of 514
387 of 514
388 of 514
389 of 514
390 of 514
391 of 514
392 of 514
393 of 514
394 of 514
395 of 514
7. A
BIDS AND PURCHASES OVER $100,000
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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- 038 -
EQUESTED CTION BY ITY OMMISSION
(1) Approve a contract with Rohl Networks, LLP of Jupiter, Florida for the Base Bid of the Fiber
Optic Cabling project, Bid No. 017-2821-13/DJL in the amount of $68,795.00, and for the
Alternative Bid in the amount of $101,191.00 for a total of $169,986.00; and
(2) Authorize an additional 10% contingency of $16,998.00, if needed, for staff approval of
change orders for unforeseen conditions without further approval by the City Commission
provided the total contract price plus contingency ($186,984.00) is not exceeded.
ER:
On February 8, 2013, the City of Boynton Beach advertised
XPLANATION OF EQUEST
an Invitation to Bid for the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL. Bid
proposals were received and publicly opened on March 6, 2013. Two (2) bids were
received, and Rohl Networks, LLP (Rohl Networks) was identified as the apparent low
bidder. The Engineer of Record for the project, AECOM, conducted reference checks
for the two (2) bidders. The route follows the new raw water line connecting the two
water treatment plants. The Schedule of Bid Items was structured with a Base Bid for
Section A of the project and an Alternate Bid for Sections B and C, which is future work.
The basis of the award of this project is the Base Bid amount. Upon successful
completion of Section A, Rohl Networks will be afforded the opportunity to include the
Alternative Bid items for Sections B and C as part of their contract. This will be
beneficial to the City as it will (1) save on the cost for mobilization/demobilization; and/or
(2) eliminate the administrative costs of bidding a separate contract for the continuing
work for Sections B and C. Based upon evaluation of the two (2) bids, AECOM,
Procurement/Finance, and the Utilities Department recommend awarding the contract to
Rohl Networks as the lowest responsive, responsible bidder. Attached are the
396 of 514
Procurement/Finance memorandum, AECOM’s recommendation letter, and Rohl
Network’s bid.
The scope of work for this project includes furnishing and installing fiber optic cabling and
appurtenances from the West Water Treatment Plant to Military Trail and south to
Woolbright Road for Section A. Sections B and C are from Woolbright Road where
Section A terminates, then ending on the east side of Interstate 95.
H?
The fiber optic cabling will provide
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
a data and communications link between the East Water Treatment Plant and the West
Water Treatment Plant. This will enable better and more secure communication
between the two water treatment plants and allow for control of the future resin
treatment plant to be sited at the West Water Treatment Plant by operators at both
locations.
FI:
Total authorized funding for the project including the 10% contingency
ISCAL MPACT
is $186,984.00. This project is included in the Utilities CIP budget, project number WTR136,
account number 404-5010-533-65-01.
A:
Since the fiber optic link between the two water treatment plants is an
LTERNATIVES
integral component of the Utilities Department’s operations and control strategy, there is
no feasible alternative at this time.
397 of 514
RESOLUTION NO. R13 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AWARD AND AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACT
WITH ROHL NETWORKS, LP OF JUPITER, FLORIDA FOR THE
BASE BID OF THE FIBER OPTIC CABLING PROJECT, BID NO. 017-
2821-13/DJL IN THE AMOUNT OF $68,795.00 AND ALTERNATIVE
BID IN THE AMOUNT OF $101,191.00 FOR A TOTAL OF $169,986.00
PLUS A 10% CONTINGENCY OF $16,998.00, IF NEEDED, FOR A
TOTAL AMOUNT OF $186,984.00; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on March 6, 2013, the City received and opened two (2) bids in
response to an Invitation to Bid for the Fiber Optic Cabling Project Bid No. 017-2821-
13/DJL; and
WHEREAS, based upon evaluation by the Project Engineer, Procurement
Department and the Utilities Department, Rohl Networks, LP was recommended as the
lowest responsive, responsible bidder; and
WHEREAS, staff has recommended that the City enter into a contract to furnish and
install Fiber Optic Cabling and appurtenances in accordance with the Palm Beach County
permit as required from West Water Treatment Plant to Military Trail and south to
Woolbright Road for Section A and alternative pricing for future work for Sections B & C
along Woolbright Road where Section A terminates, then east to I-95.
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, hereby
authorizes and directs the City Manager and City Clerk to enter into a contract with Rohl
398 of 514
Networks, LP., to furnish and install Fiber Optic Cabling and appurtenances in accordance
with the Palm Beach County permit as required from West Water Treatment Plant to Military
Trail and south to Woolbright Road for Section A and alternative pricing for future work for
Sections B & C along Woolbright Road where Section A terminates, then east to I-95, in the
amount of $68,795.00 and alternative bid in the amount of $101,191.00 for a total of
$169,986.00 plus a 10% contingency of $16,998.00, if needed, for a total amount of
$186,984.00, a copy of the Contract is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
399 of 514
PASSED AND ADOPTED this _____ day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Michael T. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
400 of 514
401 of 514
402 of 514
403 of 514
404 of 514
405 of 514
406 of 514
407 of 514
408 of 514
409 of 514
410 of 514
411 of 514
412 of 514
413 of 514
414 of 514
415 of 514
416 of 514
417 of 514
418 of 514
419 of 514
420 of 514
421 of 514
422 of 514
423 of 514
424 of 514
425 of 514
426 of 514
427 of 514
428 of 514
429 of 514
430 of 514
431 of 514
432 of 514
433 of 514
434 of 514
435 of 514
436 of 514
437 of 514
438 of 514
439 of 514
440 of 514
441 of 514
442 of 514
443 of 514
444 of 514
445 of 514
446 of 514
447 of 514
448 of 514
BID TITLE: FIBER OPTIC CABLING
BID NUMBER: 017-2821-13/DJL
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into between the CITY OF BOYNTON BEACH, a
municipal corporation of Florida, hereinafter called the “CITY” or “OWNER” and ROHL
NETWORKS, L.P,
a Florida Corporation (____) Check One
a Florida General Partnership (____)
a Florida Limited Partnership (_ X_)
a Sole Proprietor (____)
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:
FIBER OPTIC CABLING
WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by
the City, submitted a bid on the 6th day of March, 2013, for the total bid amount of $68,795.00; and,
WHEREAS, On the ___ day of _________, 20___, 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 one-hundred and twenty (120) 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:
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.
449 of 514
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 Bonds
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:
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
450 of 514
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.2.1. Comply with provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
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 Bonds 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
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
451 of 514
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. The City and Contractor agrees upon Contractor’s per diem direct job site costs
and home office overhead costs stated within the Bid document. The 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.
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 one-
hundred and twenty (120) 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
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 hereinbelow 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
452 of 514
failure to begin within ten (10) days of CITY’S issuance of the “Notice to
Proceed” or failure to achieve Substantial Completion within one-hundred and
twenty (120) 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 Project Manager, 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, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT 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
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.
453 of 514
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 Project Manager 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, the Project
Manager shall secure specific written authorization 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 Project
C
Manager, 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 AECOM.
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
may be necessary to insure the proper execution of the Contract.
454 of 514
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 Project Manager 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 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.
455 of 514
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
456 of 514
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 Owner, either party may request the
appointment of a mediator.
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
457 of 514
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:
PERFORMANCE BOND
BOND NO.:___________
458 of 514
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.
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.
459 of 514
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.
460 of 514
Signed and sealed this __________ day of ____________________, 20____.
_______________________________________
Principal (Seal)
________________________________
Witness
_______________________________________
Title
_______________________________________
Surety
________________________________
Witness
_______________________________________
Attorney-in-Fact
END OF
PERFORMANCE
BOND
PAYMENT BOND
BOND NO.:___________
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 ___________________________________
461 of 514
(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
called Owner, for the use and benefit of claimants as herebelow 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
462 of 514
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
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____.
463 of 514
_______________________________________
Principal (Seal)
__________________________________
Witness
_______________________________________
Surety
__________________________________
Witness
_______________________________________
Attorney-in-Fact
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.
464 of 514
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)
END OF WARRANTY OF TITLE
465 of 514
8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 negotiated settlements in case of Nick
EQUESTED CTION BY ITY OMMISSION
Fuette v. City of Boynton Beach.
ER:
XPLANATION OF EQUEST
Plaintiff Counsel: Joe Reiter, Lytal, Reiter, Smith, Ivey & Fronrath
Incident: On May 22, 2010, Nick Fuette as a pedestrian in the parking lot of the
shopping plaza at the 100 block of N. Federal Hwy. He stepped into a pothole which
was about two feet deep and 18 inches wide at the opening, where a water valve had
broke and caused the asphalt to break away. Mr. Fuette suffered injuries resulting in
medical bill costs exceeding $8,000. Negotiations were made between our Third Party
Administrator adjuster and Mr. Reiter resulting in a settlement of $11,500. Original
demand of settlement was $100,000.
H?
Recommendations for settlements
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of claims of the nature are part of the ongoing responsibilities of the Risk Management
Department.
FI:
Settlement will be charged to the Risk Management Budget line item
ISCAL MPACT
522-1710-519-49.20, Self Insured Losses for first and third party claims.
A:
Failure to approve settlement will result in claim to being assigned to an
LTERNATIVES
attorney for further litigation. Defense and Discovery costs would be estimated at
$75,000 to $100,000.
466 of 514
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre
City Manager
THRU:
Carisse Lejeune
Assistant City Manager
FROM:
Pam Webb, Risk Administrator
DATE:
April 11, 2013
SUBJECT: Nick Fuete v. City of Boynton Beach
Date of Loss:
5/22/2010
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 100,000 Expenses: $ 50,000
Demand
: Original: $ 150,000 Final: $ 100,000
Offer
: Original: $ 2,500 Final: $ 11,500
SETTLEMENT: $ 11,500
X
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
NOTE:
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $ -0-
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 75,000 : $ 100,000
JUDGEMENT:$ -
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE:
On May 22, 2010, Nick Fuette as a pedestrian in the parking lot of the shopping plaza at
the 100 block of N. Federal Hwy. He stepped into a pothole which was about two feet
deep and 18 inches wide at the opening, where a water valve had broke and caused the
asphalt to break away. Mr. Fuette suffered injuries resulting in medical bill costs
exceeding $8,000.
467 of 514
8. B
CODE COMPLIANCE & LEGAL SETTLEMENTS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 negotiated settlement in case of Lauren E.
EQUESTED CTION BY ITY OMMISSION
Wilcock v. City of Boynton Beach.
ER:
XPLANATION OF EQUEST
Defense Counsel: Mike Burke, Johnson, Anselmo, Murdoch, et al
Plaintiff Counsel: Joe Reiter, Lytal, Reiter, Smith, Ivey & Fronrath
Incident: On April 8, 2010, Ms. Wilcock was stopped by a Boynton Beach Police Officer
about 300 yards from her residence for a possible driving under the influence. During
the stop the Ms. Wilcock produced two drivers license which is illegal in the state of
Florida and the officer seized the oldest one. The Officer determined she was not
driving under the influence but requested she walk home and have her vehicle towed
home. Apparently Ms. Wilcock took the second license back and the Officer followed
her to her residence to retrieve the license. Near the elevator at her home a verbal
dispute ensued and Ms. Wilcock gave up her license reluctantly. The dispute continued
and the Officer decided to arrest her for disorderly public intoxication. As the Officer
attempted to handcuff her she fell striking her face on the ground with her sustaining
several facial lacerations and knocking out two of her teeth. The whole encounter was
captured on the apartment’s complex surveillance video. The State Attorney refused to
prosecute and the case was sent to Internal Affairs (IA). The IA officer determined the
arresting officer’s performance was unsatisfactory in reference to the disorderly
intoxication arrest and received a suspension. Plaintiff had $18,300 in medical costs
and incurred expenses of $15,000 for attorney’s fees, lost wages, etc. Original demand
of settlement was $85,000. Settlement was reached at $42,500.
468 of 514
H?
Recommendations for settlements
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of claims of this nature are part of the ongoing responsibilities of the Risk Management
Department.
FI:
Settlement will be charged to the Risk Management Budget line item
ISCAL MPACT
522-1710-519-49.20, Self Insured Losses for first and third party claims.
A:
Failure to approve settlement will result in additional discovery and
LTERNATIVES
litigation costs, and trial costs. Costs would be estimated at $70,000 to $90,000.
469 of 514
470 of 514
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre
City Manager
THRU:
Carisse Lejeune
Assistant City Manager
FROM:
Pam Webb, Risk Administrator
DATE:
April 11, 2013
SUBJECT: Lauren Wilcock v. City of Boynton Beach
Date of Loss:
April 5, 2013
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 100,000 Expenses: $ 50,000
Demand
: Original: $ 85,000 Final: $ 50,000
Offer
: Original: $ 10,000 Final: $ 42,500
SETTLEMENT: $ 42,500
X
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
NOTE:
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $ 18,078
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 90,000 : $ 85,000+
JUDGEMENT:$ -
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE:
On April 8, 2010, Ms. Wilcock was stopped by a Boynton Beach Police Officer about
300 yards from her residence for a possible driving under the influence. During the stop
the Ms. Wilcock produced two drivers license which is illegal in the state of Florida and
the officer seized the oldest one. The Officer determined she was not driving under the
influence but requested she walk home and has her vehicle towed home. Apparently
Ms. Wilcock took the second license back and the Officer followed her to her residence
to retrieve the license. Near the elevator at her home a verbal dispute ensued and Ms.
Wilcock gave up her license reluctantly. The dispute continued and the Officer decided
to arrest her for disorderly public intoxication. As the Officer attempted to handcuff her
471 of 514
she fell striking her face on the ground with her sustaining several facial lacerations and
knocking out two of her teeth. The whole encounter was captured on the apartment’s
complex surveillance video. The State Attorney refused to prosecute and the case was
sent to Internal Affairs (IA). The IA officer determined the arresting officer’s
performance was unsatisfactory in reference to the disorderly intoxication arrest and
received a suspension.
472 of 514
8. C
CODE COMPLIANCE & LEGAL SETTLEMENTS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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 negotiated settlement in case of Floyd
EQUESTED CTION BY ITY OMMISSION
Selleck v. City of Boynton Beach.
ER:
XPLANATION OF EQUEST
Defense Counsel: Lyman Reynolds, Roberts, Reynolds, et al
Plaintiff Counsel: Richard Slinkman, Slinkman & Slinkman, P.A.
Incident: On January 16, 2011, Ms. Selleck was at Carolina Ale House when an
employee called police due a patron picking up a stool during a fight. There were no
other weapons involved in the fight. Once the individual was escorted from the bar
another patron came out of the establishment to let the other officers know that there
was a Boynton Beach officer “beating” up someone in the bar. The Officer claimed
that Mr. Selleck was resisting arrest but there was no proof to corroborate his story and
the other Officers denied the accusations. Therefore, there were no charges filed. Mr.
Selleck received injuries during this time and he has outstanding medicals of $38,000
and a $90,000 lien from Blue/Blue Shield. The Plaintiff attorney is also claiming an
account of the 1983 Violation of Civil Rights Act and should any judgment by a jury go
against the City, the City would be responsible for the Plaintiff’s attorney fees which
could be $100,000 to $150,000. Original demand of settlement was $200,000 with the
demand coming down to $150,000 on January 24, 2013. Settlement was reached at
$72,000 with a full release.
H?
Recommendations for settlements
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of claims of this nature are part of the ongoing responsibilities of the Risk Management
Department.
473 of 514
FI:
Settlement will be charged to the Risk Management Budget line item
ISCAL MPACT
522-1710-519-49.20, Self Insured Losses for first and third party claims.
A:
Failure to approve settlement will result in additional litigation and
LTERNATIVES
discovery costs. Trial is scheduled for later in 2013 and should a judgment be brought
against the City the costs could be estimated at $200,000.
474 of 514
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre
City Manager
THRU:
Carisse Lejeune
Assistant City Manager
FROM:
Pam Webb, Risk Administrator
DATE:
April 11, 2013
SUBJECT: Floyd Selleck v. City of Boynton Beach
Date of Loss:
1/16/2011
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 100,000 Expenses: $ 200,000
Demand
: Original: $ 200,000 Final: $ 75,000
Offer
: Original: $ 20,000 Final: $ 72,000
SETTLEMENT: $ 72,000
X
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
NOTE:
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $ $132,992
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 200,000 : $ 100,000+
JUDGEMENT:$ -
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE:
On January 16, 2011, Ms. Selleck was at Carolina Ale House when an employee called
police due a patron picking up a stool during a fight. There were no other weapons
involved in the fight. Once the individual was escorted from the bar another patron
came out of the establishment to let the other officers know that there was a Boynton
Beach officer “beating” up someone in the bar. The Officer claimed that Mr. Selleck
was resisting arrest but there was no proof to corroborate his story and the other
Officers denied the accusations. Therefore, there were no charges filed. Mr. Selleck
received injuries during this time and he has outstanding medicals of $38,000 and a
$90,000 lien from Blue/Blue Shield.
475 of 514
476 of 514
9. A
PUBLIC HEARING
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. 13-007 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002)
running in an east-west direction for a distance of approximately 918 feet, located on the original
Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD
(Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc.
ER:
Miller Land Planning is requesting to abandon a utility easement
XPLANATION OF EQUEST
in conjunction with the development of Phase II of the Seabourn Cove project on the west
side of South Federal Highway near Miller Road. The three (3) foot-wide utility easement
runs in an east-west direction for a distance of approximately 918 feet, extending from
South Federal Highway to Old Dixie Highway, through the middle of the approved multi-
family project. The applicant indicates that the utility easement is being vacated because
there are no longer any public utilities located within the easement and there will be none in
the future.All utility companies have been notified and no objections were raised.
Staff recommends APPROVAL of the request to abandon this three (3) foot-wide utility
easement since it no longer serves a public purpose. The Planning & Development Board,
at their March 26, 2013 meeting, recommended approval of the abandonment request.
H?
The abandonment of this
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
easement will not adversely impact City services.
FI:
N/A
ISCAL MPACT
477 of 514
A:
None recommended.
LTERNATIVES
478 of 514
ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A 3-FOOT WIDE UTILITY EASEMENT RUNNING
EAST AND WEST FOR A DISTANCE OF
APPROXIMATELY 918 FEET, SUBJECT TO STAFF
COMMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bradley Miller of Miller Land Planning is requesting that the City
abandon a utility easement in conjunction with the development of Phase II of the Seabourn
Cove project on the west side of Federal Highway near Miller Road, subject to staff
comments; and
WHEREAS, comments have been solicited from the appropriate City Departments,
and public hearings have been held before the City's Planning and Development Board, and
the City Commission on the proposed abandonment; and
WHEREAS, staff finds that the three (3) foot-wide utility easement no longer serves
a public purpose, and the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon the three (3) foot-wide utility easement running east and west for a distance
of approximately 918 feet in conjunction with the development of Phase II of the Seabourn
Cove project on the west side of Federal Highway near Miller Road, subject to staff
comments. The property being abandoned is more particularly described as follows:
THE SOUTH 3 FEET OF KILLIAN’S PARK, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 195 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
Said lands lying in the City of Boynton Beach, Florida containing 2,753 square feet
(0.063 Acres) more or less.
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
Records of Palm Beach County, Florida.
Section 4. This Ordinance shall take effect immediately upon passage.
479 of 514
FIRST READING this ____ day of , 2013.
SECOND, FINAL READING AND PASSAGE THIS _____day of __________,
2013.
CITY OF BOYNTON BEACH, FLORIDA
Mayor – Jerry Taylor
_____________________________________
Vice Mayor – Woodrow L. Hay
_____________________________________
Commissioner – David T. Merker
_____________________________________
Commissioner – Michael M. Fitzpatrick
_____________________________________
Commissioner – Joe Casello
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon the three (3) foot-wide utility easement
running east and west for a distance of approximately 918 feet in conjunction with the
development of Phase II of the Seabourn Cove project on the west side of Federal Highway
near Miller Road, subject to staff comments. The property being abandoned is more
particularly described as follows:
THE SOUTH 3 FEET OF KILLIAN’S PARK, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 195 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
480 of 514
Said lands lying in the City of Boynton Beach, Florida containing 2,753 square feet
(0.063 Acres) more or less.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____
day of ______________, 2013.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
___________________ _____________________________
Janet M. Prainito, MMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be their free hand and
deed as such officers, for the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said instrument is the act and deed of
said corporation.
WITNESS my hand and official seal in the said State and County this _____ day of
________________, 2013.
_____________________________
NOTARY PUBLIC, State of Florida
My Commission Expires:
481 of 514
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 13-006
TO:
Chair and Members
Planning and Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Ed Breese
Principal Planner
DATE:
March 7, 2013
Abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002)
SUBJECT:
running in an east-west direction for a distance of approximately 918 feet,
located on the original Killian’s Park plat and currently being developed as
Seabourn Cove – Phase II, zoned PUD (Planned Unit Development).
Applicant: Bradley D. Miller, Miller Land Planning, Inc.
NATURE OF REQUEST
Bradley Miller of Miller Land Planning, Inc. is requesting to abandon a utility easement in
conjunction with the development of Phase II of the Seabourn Cove project on the west side of
South Federal Highway near Miller Road (see Exhibit “A” – Location Map). The subject property
is classified SHDR (Special High Density Residential) land use and zoned PUD (Planned Unit
Development).
The three (3) foot-wide utility easement to be abandoned runs in an east-west direction for a
distance of approximately 918 feet. The easement extends from South Federal Highway to Old
Dixie Highway, through the middle of the proposed multi-family project. A sketch and legal
description of the subject utility easement is attached as Exhibit “B”.
The applicant indicates that the utility easement is being vacated because there are no longer
any public utilities located within the easement and will not have any public utilities in the future.
Therefore, the easement no longer serves a public purpose.
The following is a description of the zoning districts and land uses of the properties that
surround the subject request:
North: Immediately north of the utility easement would be the north half
of the Seabourn Cove Phase II development and farther north are
developed single-family lots located in unincorporated Palm Beach
County with a Medium Residential (County MR-5) land use classification
and zoned Multi-family Residential (County RM) and 2.26 acres of
undeveloped property with a Special High Density Residential (SHDR)
land use classification and zoned Infill Planned Unit Development (IPUD)
that was previously approved as Baywalk (site plan expired);
South: Immediately south of the utility easement would be the south half
of the Seabourn Cove Phase II development and farther south is
482 of 514
developed property (church) on 0.68 acres with a General Commercial
(GC) land use classification and zoned General Commercial (C-4) and a
48-unit townhouse development (Bayfront) on 2.46 acres, with a Special
High Density Residential (SHDR) land use classification and zoned Infill
Planned Unit Development (IPUD);
East: Right-of-way for Federal Highway, then farther east is Waterside,
a 113-unit townhouse development on 7.29 acres, with a Special High
Density Residential (SHDR) land use classification and zoned Infill
Planned Unit Development (IPUD); and
West: Right-of-way for Old Dixie Highway, then farther west is right-of-
way for the Florida East Coast (FEC) railroad.
BACKGROUND
Phase II of Seabourn Cove (NWSP 12-001) received new site plan approval on March 20, 2012
for the development of 148 multi-family rental units (see Exhibit “C” – Site Plan). Part of the site
approved for development is located within the original Killian’s Park plat. Killian’s Park was
platted in 1951 with a three (3) foot-wide utility easement at its southern boundary which would
bisect the proposed development. Since the easement no longer serves a public purpose, staff
placed a condition of approval on the project that the applicant be required to request
abandonment of the easement and record the abandonment ordinance in the records of Palm
Beach County. The property to be abandoned is more particularly described as, “The South
Three (3) feet of Killian’s Park, according to the Plat thereof, as recorded in Plat Book 23, Page
195, of the Public Records of Palm Beach County, Florida”.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and
its respective hearing dates. The applicant has certified that they posted signage and mailed
notices in accordance with Ordinance No. 04-007 and the abandonment request has been
advertised in the newspaper. A summary of the responses is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection
Public Works/Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light - No objection
AT & T - No objection
Florida Public Utilities - No objection
Comcast - No objection
RECOMMENDATION
Staff has determined that the subject utility easement no longer contains any utilities and
therefore no longer serves a public purpose. Based on the above analysis, staff
recommends APPROVAL of the applicant’s request to abandon this three (3) foot-wide
utility easement. Any conditions required by the Planning and Development Board and
the Commission will be placed in Exhibit “D” - Conditions of Approval.
483 of 514
S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove - Phase II\ABAN 13-002\Staff Report.doc
484 of 514
485 of 514
486 of 514
487 of 514
488 of 514
489 of 514
490 of 514
491 of 514
492 of 514
EXHIBIT "D"
Conditions of Approval
Project name: Seabourn Cove Phase II Utility Easement Abandonment
File number: ABAN 13-002
Reference:
DEPARTMENTS
INCLUDE REJECT
ENGINEERING/PUBLIC WORKS/ UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
X
Comments: None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\COA after P&D Mtg.doc
493 of 514
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Seabourn Cove Phase II Utility Easement Abandonment (ABAN 13-
002)
APPLICANT’S AGENT: Bradley Miller, Miller Land Planning, Inc.
AGENT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2013 & May 7, 2013
TYPE OF RELIEF SOUGHT: Abandonment of a three (3) foot-wide Utility Easement
(ABAN 13-002) running in an east-west direction for a
distance of approximately 918 feet, located in the original
Killian’s Park plat and currently being developed as
Seabourn Cove – Phase II, zoned PUD (Planned Unit
Development).
LOCATION OF PROPERTY: West side of S. Federal Highway near Miller Road (Seabourn Cove
Phase II)
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and
the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “D” with notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
494 of 514
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\DO.doc
495 of 514
10. A
CITY MANAGER’S REPORT
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Authorize the addition of four (4) Records
EQUESTED CTION BY ITY OMMISSION
Technician positions to FY 12/13 Budget
ER:
At the April 2, 2013 City Commission meeting the
XPLANATION OF EQUEST
Commission requested staff to develop a cost estimate and plan for opening the Police
Department Lobby for more hours than the current eight hours per week.
REQUIREMENTS FOR REINSTATING POLICE DEPARTMENT LOBBY SERVICES
TO FORTY HOURS PER WEEK:
THE PROBLEM: The police department suffered the loss of 21 civilian positions
during budget years 2010-2011 and 2011-2012. Those lost positions consisted of:
8 - Community Service Officers
7 – Records Technicians
2 – Administrative Assistants
2 – Evidence Technicians
2 – Crime Scene Investigators
Currently, the Records Section is being staffed by two Uniform Crime Report (UCR)
reviewers and two Records Technicians. During calendar year 2012 the Records
Section, assisted by full-duty and light-duty officers processed:
Parking Citations entered: 1,184
Parking Citations voided: 599
496 of 514
Parking Citations processed for Admin Lien: 59
Uniform Traffic Citations entered: 12,316
Public records requests: 52,346
Court Paperwork processing: 5,635 documents; 7,859 arrest documents
Court Run- 8 hours a week
Destruction Dispositions: 7,520 documents
Seal/expunged- 62 (average time to complete 1 hour)
All reports/supplements processed Quality Control/UCR: 44,317
Arrest Coding UCR: 7,859
All other Coding (BOLO entries): 6,776
Validations: 405
Bookings: 7,859
Clearances: 20 per year
End of Month Summary Reports: 4 hours per month
As a result of the work load the lobby has been open only one day a week by diverting
the current Records personnel from their normal duties and having them staff the two
lobby windows where they mostly take requests for public records. Unfortunately, very
few of the requests can be processed while the citizens wait since most people making
the requests do not have the required information and consequently technicians must
conduct extensive research to determine if and where the record exists. Currently, most
records requests are received through the mail or the department’s website.
Additionally, there is a lag between the time that a record is received from the field and
the time that record is reviewed and entered into the system. This also extends the time
for fulfilling records requests.
The lack of customer service is not the only issue resulting from the lack of a Records
staff. Processing of court and booking information is consistently backlogged and often
results in officer/detective overtime in order to prepare cases for review and prosecution
(which is often done at the last minute). This function was normally performed by the
Records staff at the time the officers’ reports were filed as Technicians have access to
the necessary data bases and are familiar with PBSO and States Attorneys’ Office
protocol.
THE SOLUTION: Hiring part-time personnel would compound the problem. Having
records technicians staff the two windows in order to provide an intake point for records
requests without the ability to timely fill those requests, will only increase the backlog
and the workload. Four full time records technicians are necessary in order to provide
meaningful customer service for our citizens.With the addition of four records clerks
(along with the current two) the work load would be apportioned as follows:
Clerk Position 1
Uniform Traffic Citations entry
Parking Ticket entry
Grid Checks Child Safe
Answer Phones
Clerk Position 2
Court Paperwork Processing
Court Run Tuesdays/Thursdays
497 of 514
Citation Book Audits
Background Check Employment
Answer Phones
Clerk Position 3
Public Records Requests
Redaction
Process Mail
Customer Service/lobby: background checks/good standing letters
Answer phones
Clerk Position 4
Customer Service/Lobby
Process Court Orders (Seal/Expunge)
Process Transmittals
Records Destruction Dispositions
Scanning QC
Answer Phones
Clerk Position 5
Customer Service/ Lobby
Teletype
Non Crime Reporting
Citation Entry (back-up)
Clerk Position 6
Customer Service Lobby
Teletype
Non Crime Reporting
Citation Entry (back-up)
This staffing configuration not only provides for lobby staffing. It facilitates a solution to
the backlog of requests and allows for the processing of requests at the time they are
received. It also frees up the patrol officers time that is spend processing paperwork and
allows the officer more time in the field.
The hiring process consists of reviewing applications, personal interviews and an
extensive background check. We should allow at least 90 days for this process. There
will also be a training period which will require the newly hired technicians to become
NCIC/FCIC (National and Florida Crime Information Center) certified. This process
should take approximately 45 days. The FY12/13 budget would see a partial year of
expenses associated with the additional positions and the FY 2013-2014 budget would
see a full year of expenses as outlined below.
STAFF RECOMMENDATION
: Request authorization of four (4) additional Police
Records Technician positions for the FY 12/13 Budget (current year). Total positions in
the Police Department for FY12/13 budget would increase from 186 positions (185 in
General Fund plus 1 grant funded position) to 190 positions (189 in General Fund plus 1
grant funded position). Amended Personnel Allocation sheet is attached.
498 of 514
The recruitment of these positions would be phased in over the remainder of the fiscal
year. Staff anticipates that 2 of the positions would be filled by June 2013 and the
remaining 2 would be filled in mid to late September 2013. The annual salary for the
positions would be approximately $31,077 plus benefits (each).
The costs associated with this phased in hiring of the four (4) positions would be
approximately $22,000 of salaries and $7,150 for FICA and benefits, for a total of
$29,150 for the remainder of FY12/13. Due to attrition and current vacancies within the
Police Department staff feels that the costs associated with this hiring plan would be
able to be absorbed within the current departmental budget. This will be reviewed as
we progress through the remainder of the fiscal year, and staff will bring a budget
amendment back to City Commission if needed.
The costs for the four (4) positions for FY 13/14 would be approximately $125,000 for
salaries and $47,836 for FICA and benefits, for a total of $172,836. This would be
included in the FY 13/14 budget request.
H?
Provide much improved customer
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
service to the public and relieve backlog of records processing while allowing patrol
officers to spend more time in the field rather than processing paperwork.
FI:
Current Year – approximately $29,150; FY 13/14 – approximately
ISCAL MPACT
$173,836
A:
Not authorize positions; develop alternative plan.
LTERNATIVES
499 of 514
500 of 514
501 of 514
13. A
LEGAL
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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. 13-008 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve Ordinance amending Chapter 2, Article XVIII, "Financial Advisory
Committee", by amending the number of regular members and requiring all regular members to
have one of the qualifications listed.
ER:
In April, 2010, the City Commission adopted Ordinance 10-
XPLANATION OF EQUEST
009 forming a Financial Advisory Committee consisting of nine (9) members, seven (7)
regular members and two (2) alternate members. The purpose of the Committee is to
serve in an advisory capacity to the City Commission and the Commission’s oversight of
expenditures which require budgetary appropriation. The Financial Advisory Committee
has determined that it has difficulty in obtaining qualified members and is therefore
recommending that the number of regular members be reduced from seven (7) to five
(5). All five regular members would be required to have one of the qualifications set
forth in Section 2-243(b) of the Code.
H?
The goal is to allow the Financial
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Committee the ability to recruit and maintain regular and alternate members.
This will allow the Committee to regularly meet and provide recommendations to the
City Commission as it relates to their purpose.
FI:
None
ISCAL MPACT
A:
Do not reduce the number of regular members;
LTERNATIVES
Modify the number of regular members to reduce the Committee; and
Disband Financial Advisory Committee.
502 of 514
503 of 514
ORDINANCE NO. 13 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, ARTICLE
XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-242
“ORGANIZATION” BY AMENDING THE NUMBER OF REGULAR
MEMBERS; AMENDING SECTION 2-243(b) “COMMITTEE
APPOINTMENTS AND MEMBERSHIP” REQUIRING ALL REGULAR
MEMBERS TO HAVE ONE OF THE QUALIFICATIONS LISTED;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida established a
Financial Advisory Committee consisting of nine (9) members (seven (7) regular and two (2)
alternate members) to review the impact of legislative and administrative decisions on the City
budget; and
WHEREAS, the Financial Advisory Committee has determined that it has difficulty
obtaining members; and
WHEREAS, the Financial Advisory Committee has requested that the City Commission
consider an amendment reducing the number of regular members from 7 to 5.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-
242 of the Boynton Beach Code of Ordinances is hereby amended as follows:
Sec. 2-242. Organization.
The Financial Advisory Committee shall consist of a total of sevenfive regular members
and two alternate members each appointed by majority vote of the City Commission.
504 of 514
Formatted: Justified
Section 3. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2-
243(b) of the Boynton Beach Code of Ordinances is hereby amended as follows:
.
Sec. 2-243. Committee appointments and membership
(a) All members shall be residents of or own property in the city, own a business within the
city or be an officer, director or manager of a business located within the city. No member of the
Committee shall serve on any other city board or committee.
(b) (1) At least fiveAll of the regular members on the Committee shall have one of the
following qualifications:
a. Certified public accountant;
b. Accounting professional;
c. Auditing;
d. Certified financial planner;
e. Investment advisor;
f. Insurance professional (property/casualty or health);
g. Business owner/manager;
h. MBA or MPA degree (with high levels of accountability/responsibilities with
budget and organizational oversight).
i. Banking
j. Pension Plan Management
k. Financial Planning & Management
(2) The remaining four members may be at large.
Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict
with any provision of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
505 of 514
Section 7. This Ordinance shall become effective immediately.
FIRST READING this ___ day of ______________, 2013.
SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David t. Merker
______________________________
Commissioner – Michael Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
506 of 514
507 of 514
508 of 514
509 of 514
510 of 514
511 of 514
14. A
FUTURE AGENDA ITEMS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Discuss renovation and/or relocation of Police
EQUESTED CTION BY ITY OMMISSION
Headquarters and City Hall Campus - May 7, 2013
ER:
XPLANATION OF EQUEST
Staff will circulate a preliminary report to the City Commission during the first few weeks
of April to provide some historical perspective. The report will include “rough” estimates
for comparative purposes only. Once the Commission narrows down alternatives, staff
will proceed with more detailed cost estimates.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
512 of 514
14. B
FUTURE AGENDA ITEMS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Hear quarterly report for the 1st Qtr 2013 update on
EQUESTED CTION BY ITY OMMISSION
Climate Action Plan Implementation - May 21, 2013
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
513 of 514
14. C
FUTURE AGENDA ITEMS
April 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
April 16, 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:
Update on Utilities CAP Fees - May 21, 2013
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
514 of 514