Loading...
Agenda 10-18-11 Searchable The City of 100 E. Boynton Beach Boulevard ● (561) 742-6000 Boynton Beach Boynton Beach TUESDAY, OCTOBER 18, 2011 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large William Orlove Vice Mayor – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 423 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Sand Sifters Harvest Beach Clean Up, which will be held Saturday, November 5, beginning at 8 a.m. at Oceanfront Park. B. Presentation of the US Green Building Council, South Florida Chapter, 2011 Gala Verde award for Green Government. C. Presentation recommending to the City Commission the establishment of Les Cayes, Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be making the presentation. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the minutes from the City Commission regular meeting held on October 4, 2011 3 of 423 B. PROPOSED RESOLUTION NO. R11-114 - Approve an annual service Agreement with Motorola, Inc. in the amount of $108,443.04 for the continued maintenance and repair of the City's radio telecommunications system and authorize the Interim City Manager to sign the Agreement. C. PROPOSED RESOLUTION NO. R11-115 - Approve the revised fee structure for Boynton Beach Memorial Park / Sara Sims Memorial Gardens D. Approve a new classification to the City's pay plan and change the position title of a City employee to the new classification. E. Approve the expenditure of $27,506.85 for the annual renewal of the Grants Network Master License and Service Agreement with eCivis. F. Accept the written report to the Commission for purchases over $10,000 for the month of September 2011. G. Approve an Audit Committee comprised of the Director of Financial Services, Deputy Director of Financial Services and Budget Manager for the purpose of recommending a CPA Firm to conduct the annual audit of the City's financial statements. 7. BIDS AND PURCHASES OVER $100,000 A. (1) Disposition of bid protest appeal (2) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders (3) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821- 11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11 & 10/4/11) B. Approve changes to the Annual Bid for Landscape Maintenance, original Bid #054- 2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders, due to the closing of one of the awarded vendors - TABLED ON 10/4/11 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 11-026 - SECOND READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and Private 4 of 423 Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael Campbell B. PROPOSED ORDINANCE NO. 11-027 - SECOND READING - Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS A. Accept the Draft City of Boynton Beach Economic Development Program. B. Discussion of the City's Branding Initiative and future development. Authorize the utilization of up to $10,000 of Economic Development Incentive funding for professional marketing services to facilitate completion of the brand development process C. Review the Florida Atlantic University (FAU) Consultant Report on redistricting alternatives for City Commission Districts within the City of Boynton Beach, Florida and direct staff to prepare a redistricting ordinance from one of the alternative district configurations for the November 1, 2011 City Commission meeting. 12. NEW BUSINESS A. Discuss cancellation of the December 20th, 2011, City Commission meeting in observance of the Jewish celebration of Hanukkah B. Appoint a five-member committee to review the recommendation by the City Manager to rename Veterans' Bicentennial Park to Veterans' Memorial Park. 13. LEGAL A. PROPOSED ORDINANCE NO. 11-028 - SECOND READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida, which preempts firearm laws and regulation to the State. B. PROPOSED ORDINANCE NO. 11-029 - SECOND READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance. 14. FUTURE AGENDA ITEMS A. Request to consider amendment to City Code regarding temporary banners to allow "feather" banners. 11/01/11 5 of 423 B. Revisions to restrictions for vehicle size in residential districts - 11/01/11 C. CIP Utility Fund Report - 11/01/11 D. Review three (3) alternate proposals for leasing, construction and maintenance of a billboard on property owned by the City - 11/15/11 E. Review process and timeline for the sale of City owned real property - three sites - 11/15/11 15. 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. 6 of 423 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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:Announcement of the Sand Sifters Harvest Beach Clean EQUESTED CTION BY ITY OMMISSION Up, which will be held Saturday, November 5, beginning at 8 a.m. at Oceanfront Park. ER: Gary Solomon of the Sand Sifters wishes to make the public aware XPLANATION OF EQUEST of the Harvest Beach Clean Up, which will be held at Oceanfront Park on Saturday, November 5, beginning at 8 a.m. at Oceanfront Park. H? The Recreation & Parks Department will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES be joining the Sand Sifters in this exciting event, which, along with the monthly beach clean up, will feature a food and toy drive benefitting the Community Caring Center of Boynton Beach, a manatee awareness presentation by the Palm Beach County Environmental Management Resources Division, information about community services and recycling from the Solid Waste Authority, and plenty pumpkins. FI: No fiscal impact. ISCAL MPACT A: Do not make the announcement. LTERNATIVES 7 of 423 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/18/2011 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:Presentation of the US Green Building Council, South EQUESTED CTION BY ITY OMMISSION Florida Chapter, 2011 Gala Verde award for Green Government. ER: Accept the USGBC South Florida Gala Verde Green Government XPLANATION OF EQUEST award for the City’s achievements in implementation of the Climate Action Plan. H? The City competed against 9 other OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES governmental agencies for recognition of the successes achieved to date in the implementation of the Climate Action Plan. Key to the City’s success in securing this award was the recent adoption of the Voluntary Green Building Program, establishing Boynton Beach as only the second municipality in the Nation to adopt the International Code Council’s International Green Building Code. The finalists for the Outstanding Green Government award category were: City of Boynton Beach City of Coconut Creek City of Miramar City of North Miami City of Pompano Beach City of Wellington School District of Palm Beach County St. Lucie County Town of Davie The voluntary Green Building Program and changes to the City’s Land Development Regulations, enacted as part of the implementation of the Climate Action Plan, further the 8 of 423 common goal of the USGBC in achieving reduced energy consumption and promoting greater water conservation. The City was nominated to submit its Climate Action Plan for consideration by Green Community Alliance member Bill Whiteford. FI: N/A ISCAL MPACT A: Do not allow the presentation. LTERNATIVES 9 of 423 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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:Presentation recommending to the City Commission the EQUESTED CTION BY ITY OMMISSION establishment of Les Cayes, Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be making the presentation. ER: The Greater Boynton Beach Sister Cities, Inc. is requesting XPLANATION OF EQUEST approval from the City Commission to contact the Mayor of Les Cayes, Haiti to offer an invitation to establish a Sister Cities relationship with the City of Boynton Beach. Upon approval by the City Commission, an official letter signed by the Mayor and President of the Greater Boynton Beach Sister Cities will be sent to the Mayor of Les Cayes. In the event that the letter of invitation is accepted, a delegation from Boynton Beach (which should include a member of the City Commission) will go to Les Cayes to discuss and identify programs and exchanges of mutual interest. Following that visit, a delegation from Les Cayes will be invited to Boynton Beach to further discuss the programs and exchanges and to meet community leaders. When there is mutual intent to become formally linked, both top-elected officials must sign an official sister cities agreement. Upon receipt of a copy of this document, Sister Cities International will send two official charters-one for Boynton Beach and one for Les Cayes. At that point, the Greater Boynton Beach Sister Cities will be eligible to use the name "Sister Cities," and both cities will officially become part of Sister Cities International’s network of registered sister cities H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 10 of 423 FI: None at this time. ISCAL MPACT A: Not approve recommendation to invite Les Cayes, Haiti to become a Sister LTERNATIVES City with Boynton Beach. 11 of 423 12 of 423 13 of 423 14 of 423 15 of 423 16 of 423 17 of 423 18 of 423 19 of 423 20 of 423 21 of 423 22 of 423 23 of 423 5. A ADMINISTRATIVE October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 4, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 24 of 423 6. A CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve the minutes from the City Commission regular EQUESTED CTION BY ITY OMMISSION meeting held on October 4, 2011 The City Commission met on October 4, 2011 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 25 of 423 26 of 423 27 of 423 28 of 423 29 of 423 30 of 423 31 of 423 32 of 423 33 of 423 34 of 423 35 of 423 36 of 423 37 of 423 38 of 423 39 of 423 40 of 423 41 of 423 42 of 423 43 of 423 44 of 423 45 of 423 6. B CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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. R11-114 - Approve an EQUESTED CTION BY ITY OMMISSION annual service Agreement with Motorola, Inc. in the amount of $108,443.04 for the continued maintenance and repair of the City's radio telecommunications system and authorize the Interim City Manager to sign the Agreement. ER: The City maintains a radio telecommunications system that XPLANATION OF EQUEST provides the Police Department, Fire/Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and an infrastructure that requires continuous monitoring and maintenance to insure operational readiness. The City has a ten year relationship with Motorola and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and upgrades as required. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly, as their work orders are routed through Motorola. H? This service agreement insures that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public safety and relevant local government entities can maintain radio communications which is critical to the provision of services to the community. FI: Budget item from the 2011-2012 fiscal year account number 001-1810-519.46- ISCAL MPACT 24. 46 of 423 A: Radio communications are mission critical to the public safety function. The LTERNATIVES maintenance contract is required to insure continued operation of the system. If the current system is not maintained the purchase of another system would be required. 47 of 423 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC., PROVIDING FOR THE MAINTENANCE OF THE RADIO SYSTEM FOR A TWELVE (12) MONTH PERIOD, IN THE AMOUNT OF $108,443.04; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period; 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 approves the Service Agreement for the maintenance of the radio system between the City of Boynton Beach and Motorola, Inc. for a twelve (12) month period in the amount of $108,443.04. Section 3 . The Interim City Manager is authorized to execute the Service Agreement, a copy of which Agreement is attached hereto as Exhibit “A.” Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ 48 of 423 Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 49 of 423 50 of 423 51 of 423 52 of 423 53 of 423 54 of 423 55 of 423 56 of 423 57 of 423 58 of 423 59 of 423 60 of 423 61 of 423 62 of 423 63 of 423 64 of 423 65 of 423 66 of 423 67 of 423 68 of 423 69 of 423 70 of 423 71 of 423 72 of 423 6. C CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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. R11-115 - Approve the EQUESTED CTION BY ITY OMMISSION revised fee structure for Boynton Beach Memorial Park / Sara Sims Memorial Gardens ER: The Cemetery Board has reviewed fees for services provided at the City XPLANATION OF EQUEST cemeteries and the members have unanimously recommended approval of these additions and increases. Service Current Recommended Overtime Fee - Beginning at 3:00 p.m. on Monday through Saturday and all day on Sunday and $225 $250 holidays. Additionally, no services will be scheduled after 3:30 p.m. Fee for Transfer of Lot Deeds $30 $75 Cremated remains burials opening & closing fee $100 Anytime $250 weekdays/ Weekends/holidays Emblem – This would be selected from a list on file with the Cemetery staff/Parks Manager. (Emblems $75 not on list would require Board approval and a price would be determined at that time.) Granite Benches – India Gray” in color with harp- style legs. (This price includes $110 for engraving $1,250 per bench up to 20 characters with up to two first names and one last name inscribed on each side of the bench and a $3 charge for each character over 20 characters. All requests for inscriptions must be approved by the Board.) 73 of 423 The last replat in Boynton Beach Memorial Park provided double-depth plots which are new to our City cemetery. The following price list has been established for those plots: PRICING FOR DOUBLE-DEPTH PLOTS IN NEW REPLAT: RESIDENT PRICES FOR DOUBLE DEPTH PLOTS PLOT INCLUDING VAULT $1,200*** NON-RESIDENT PRICES FOR DOUBLE- DEPTH PLOTS PLOT INCLUDING VAULT $2,050*** ***Additional opening & closing fees apply H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: It is anticipated that these additions and increases to fees should increase revenue ISCAL MPACT collected. However, it is difficult to project exactly how much additional revenue will be collected. A: None recommended. LTERNATIVES 74 of 423 RESOLUTION R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH APPROVING AND AUTHORIZING THE REVISED FEE STRUCTURE FOR BOYNTON BEACH MEMORIAL PARK / SARA SIMS MEMORIAL GARDENS; PROVIDING AND EFFECTIVE DATE. WHEREAS , the City Cemetery Board has reviewed fees for services provided at the City cemeteries and has made a recommendation to the City Commission to revise the fee structure for Boynton Beach Memorial Park / Sara Sims Memorial Garden; and WHEREAS , staff has conducted a survey of the fee structures for neighboring cemeteries that revealed that the fees for the City of Boynton Beach cemeteries were among the lowest in Palm Beach County WHEREAS, upon recommendation from the City Cemetery Board, the City Commission approves the revised fee structure for Boynton Beach Memorial Park and Sara Simms Memorial Gardens and determines that it is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach hereby approves and authorizes the revised fee increases and additions as follows: Service Current Recommended Overtime Fee - Beginning at 3:00 p.m. on Monday through Saturday and all day on Sunday and $225 $250 holidays. Additionally, no services will be scheduled after 3:30 p.m. 75 of 423 Fee for Transfer of Lot Deeds $30 $75 Cremated remains burials opening & closing fee $100 Anytime $250 weekdays/ Weekends/holidays Emblem – This would be selected from a list on file with the Cemetery staff/Parks Manager. (Emblems $75 not on list would require Board approval and a price would be determined at that time.) Granite Benches – India Gray” in color with harp- style legs. (This price includes $110 for engraving $1,250 per bench up to 20 characters with up to two first names and one last name inscribed on each side of the bench and a $3 charge for each character over 20 characters. All requests for inscriptions must be approved by the Board.) The last replat in Boynton Beach Memorial Park provided double-depth plots which are new to our City cemetery. The following price list has been established for those plots: PRICING FOR DOUBLE-DEPTH PLOTS IN NEW REPLAT: RESIDENT PRICES FOR DOUBLE DEPTH PLOTS PLOT INCLUDING VAULT $1,200*** NON-RESIDENT PRICES FOR DOUBLE-DEPTH PLOTS PLOT INCLUDING VAULT $2,050*** ***Additional opening & closing fees apply Section 3. This Resolution shall become effective immediately upon its passage. 76 of 423 PASSED AND ADOPTED this _________ day of October, 2011. CITY OF BOYNTON BEACH ___________________________ Mayor – Jose Rodriguez ___________________________ Vice Mayor – William Orlove ___________________________ Commissioner – Woodrow L. Hay ___________________________ Commissioner – Steven Holzman __________________________ Commissioner – Marlene Ross ATTEST: __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 77 of 423 CEMETERY COMPARISON PINE CREST LAKE WORTH MEMORY PALM BEACH CEMETERY LAKE GARDENS DELRAY BEACH MEMORIAL PARK WORTHLAKE WORTH $250.00 every hour 1Cemetery Overtime Fee$250.00No O & C after 3:00 pm after 3:00 pm$100.00 per hour No transfers. Owner sells back to the City for original purchase price. City can then re-sell lot 2Transfer of Deed for today's prices $50.00$50.00$75.00 $75.00 for residents Cremated Remains - Open $175.00 & $350.00 after $100.00 for non- 3and Close 3:00$495.00$395.00residents no additional charge, $895.00 package 4Emblem n/a included in package includes everything n/a 5Granite Benches n/a n/a n/a n/a Prices range from single-$2,195.00, double-$2,692.50 to $3,442.50, $4,195.00. Price includes plus $1,592.00 for the 6Double Depthn/a vault and O & Cvaultn/a 78 of 423 6. D CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve a new classification to the City's pay plan and EQUESTED CTION BY ITY OMMISSION change the position title of a City employee to the new classification. ER: Human Resources is requesting approval for the addition of a new XPLANATION OF EQUEST classification to the City’s pay plan, titled Communications/Network Coordinator, pay grade 22, Fair Labor Standards Act (FLSA) status non-exempt. The proposed classification specification is attached. Human Resources is requesting approval to assign the Communications/Network Coordinator classification title to an incumbent in the Police Department who is currently classified as a Network Administrator, pay grade 22, FLSA status exempt. Our request for this title change is based on the outcome of a job evaluation we conducted, from which we determined that the incumbent’s primary essential functions differ from those performed by other Network Administrator incumbents and do not meet the FLSA duties test for exemption. Therefore, changing this incumbent’s title to Communications/Network Coordinator will properly classify this incumbent as non-exempt in accordance with the Federal Fair Labor Standards Act and will allow for a more accurate representation of the position’s essential functions and minimum qualifications on the position’s classification specification. H? No affect. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: A fiscal impact would only occur when the incumbent works over forty (40) ISCAL MPACT hours in a workweek, as this would require overtime pay. 79 of 423 A: None. Not changing the classification title would result in the City being non- LTERNATIVES compliant with the Fair Labor Standards Act (FLSA). 80 of 423 Class Code: 06050 Proposed Grade: 22 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: COMMUNICATIONS/NETWORK COORDINATOR PURPOSE OF CLASSIFICATION The purpose of this classification is to perform advanced technical work in maintaining phone, radio and electronic communication systems, local and wide area networks, and to provide user support on hardware and software applications. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, is intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Responsible for the overall operation and performance of the City-wide radio system. Monitors, configures, troubleshoots, and repairs problems on radio system. Creates radio templates, code plugs, and configures the programs for hand held and console radio components. Performs system tests on a periodic basis; makes system modifications as needed; returns defective computer equipment to manufacturer for repair or replacement. Runs regular reports to monitor system capacity; serves as technical liaison to vendors and other local, county and state agencies on all radio issues. Provides operational troubleshooting and repair of the City’s internal phone system and data network. Moves, adds and/or changes individual extensions; relocates cable connections due to changes in office space configuration; serves as technical point of contact to vendors; and opens service tickets for repair or replacement of phone equipment. Monitors, configures, and troubleshoots data communication lines, including T1 and Metro Ethernet. Serves as technical point of contact to vendors for new service or changes to existing service; maintains database of circuit identifications and contact numbers for repairs or replacement of equipment. Maintains In-Car Video Cameras and CCTV surveillance systems. Monitors and configures systems as needed; schedules installations and performs software updates as required; and provides training and technical support to users for retrieving and copying video for outside agencies. Administers various computer network operating systems; monitors performance and capacity of systems for excessive loading problems, disk space utilization, and other operating problems; controls network 81 of 423 operations by establishing user accounts, security levels and access rights; and sets up users for remote access to internal network systems. Adds, removes, and replaces hardware system components on network servers to increase capacity and efficiency; modifies software applications or network operating systems to remedy problems, add features or increase performance. Provides advanced technical expertise to department and city employees in the proper use of computer, radio, and phone systems. Provides cross-training and lead assistance to staff members within the assigned department on radio, phone, and network communication functions. Receives and unpacks new computer, radio, and communications shipments and checks components against purchase orders; configures, delivers, and installs communications hardware systems and peripherals. Researches, evaluates, and recommends purchasing options and vendors for upgrading and replacing computer system components; compiles price quotations and supporting documents. Monitors and verifies accuracy of automated backup systems on computers; performs system user file restorations as needed. Schedules archiving of system data; transfers records to permanent storage. Refers to on-line computer help, the Internet, computer manuals, technical documentation, blueprints, schematics, professional journals, and others resources in performing assigned job duties. Maintains a comprehensive, current knowledge and awareness of new procedures, trends and advances in the profession; attends workshops, webinars and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Associate’s degree with course work emphasis in computer science; three (3) years previous experience and/or training that includes computer network administration and maintaining phone, radio and electronic communication systems. Must possess and maintain a Class E Florida driver’s license. Possession of FCIC/NCIC and MCSE certifications are preferred. PERFORMANCE APTITUDES Data Utilization : Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. 82 of 423 Human Interaction : Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. Equipment, Machinery, Tools, and Materials Utilization : Requires the ability to operate and control the actions of equipment and machinery, requiring the monitoring, adjustment, regulation, and/or setting of multiple conditions. Verbal Aptitude : Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. 83 of 423 Mathematical Aptitude : Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning : Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasoning : Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability : Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (up to 20 pounds). Sensory Requirements : Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors : Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. 84 of 423 6. E CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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 expenditure of $27,506.85 for the annual EQUESTED CTION BY ITY OMMISSION renewal of the Grants Network Master License and Service Agreement with eCivis. ER: The City of Boynton Beach Grants Team has been successfully XPLANATION OF EQUEST using eCivis’ grant management products to research and track grant opportunities and awards for the past ten years. In 2007, the City Commission approved entering into a Grants Master License and Service Agreement with eCivis, via Resolution No. R07-232. The Network Agreement is automatically renewed for successive one year terms unless either party provides written notice to the other party prior to the end of the term indicating the party’s intent to terminate this Agreement effective at the end of the current October 31, 2011 term. H? Renewal of the Master Grants Network OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES License and Service Agreement will enable the Grants Team members to continue to efficiently seek grant opportunities and manage grant awards. : Tracking & Grants Network Reporting web-based system maximizes the coordination of, and visibility into, the grants process, mitigates turnover issues, increases our win rate, and centralizes all files. The system provides citywide use and oversight by the Grants Coordinator and the Finance Department. Staff has compared this product to other grant management products on the market and by far this surpasses the competition. (See attached comparison.) is designed Grants Network specifically for local governments and offers much more than basic grant management. There is no other product that provides access to a centralized federal, state, local and foundation grant database, grant management and reporting tools, a training component and organizational wide oversight. 85 of 423 The Master License and Service Agreement includes access to a database of local, state and federal grant opportunities, on-line/on-demand training at no additional cost, news and legislative updates on grant opportunities, and a project level document repository for our annual single audit. This allows the auditor on-line access to all grant related documents. This also enables the City to move towards a more paperless process. Our return on investment is evident year after year as staff researches effectively manages millions of federal, state and local grant dollars using eCivis . Grants Network FI: IN FY 2010, 27 grant awards totaling $11,466,715 were managed by ISCAL MPACT departments using eCivis’ . In addition to preparing grant applications, staff Grants Network closed out 12 federal, state and local grants worth $3,925,321 as projects were completed. The City of Boynton Beach receives substantial discounts due to our long standing relationship in testing grant research and management products with eCivis. The renewal rate has not increased since FY 2008/09. The total cost for Research, Tracking & Reporting, Grant Network and KnowledgeBase service is $27,506.85. This expense is included in the adopted FY2011/2012 General Fund budget and will be taken from the Grants Team account #001- 1210-512-64.14. A: Not renew the License and Service Agreement and dramatically decrease our LTERNATIVES ability to efficiently and effectively seek and manage grants citywide. 86 of 423 87 of 423 88 of 423 89 of 423 90 of 423 91 of 423 92 of 423 93 of 423 94 of 423 95 of 423 96 of 423 6. F CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Accept the written report to the Commission for purchases EQUESTED CTION BY ITY OMMISSION over $10,000 for the month of September 2011. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to XPLANATION OF EQUEST competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for July 2011: Purchase Order Vendor Amount 110933 Gator Court Construction $ 10,400.00 110952 Ranger Construction $ 16,800.00 H? Ordinance No.01-66, Chapter 2, Section OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by streamlining ISCAL MPACT processes within the organization. This allows administration to maintain internal controls for 97 of 423 these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 98 of 423 99 of 423 100 of 423 101 of 423 102 of 423 103 of 423 104 of 423 105 of 423 106 of 423 107 of 423 108 of 423 109 of 423 110 of 423 111 of 423 112 of 423 113 of 423 114 of 423 115 of 423 116 of 423 117 of 423 118 of 423 119 of 423 6. G CONSENT AGENDA October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Approve an Audit Committee comprised of the Director of EQUESTED CTION BY ITY OMMISSION Financial Services, Deputy Director of Financial Services and Budget Manager for the purpose of recommending a CPA Firm to conduct the annual audit of the City's financial statements. ER: The City had a contract with Nowlen, Holt and Miner, P.A. to XPLANATION OF EQUEST perform the annual audit for the fiscal years ending September 30, 2006, 2007, 2008, 2009 and 2010. Therefore it is necessary to solicit proposals fro auditing services for the fiscal year ending September 30, 2011 and beyond. The Florida Statutes, Title XIV, Chapter 218.391 requires municipalities to establish an audit committee for the primary purpose of assisting the governing body in selecting an auditor to conduct the annual financial audit. Upon approval of Audit Committee, the Finance Department will send out a formal Request for Proposal for a “Five Year Contract for Financial Auditing Services” to cover the fiscal years ending September 30, 2011, 2012, 2013, 2014 and 2015. The Audit Committee will rank and recommend, in order of preference, no fewer than three firms deemed to be the most highly qualified to perform the required scope of services. H? The commission had previously OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES established an Audit Committee on March 7, 2006 consisting of positions and individual staff names. This committee would continue except for the inclusion of staff names. The staff that comprised the Audit Committee as approved on March 7, 2006, no longer work for the City and thus requires the Commission to establish a new Audit Committee. Staff is recommending that the makeup of this committee be by position title only and not individual names. FI: NONE ISCAL MPACT 120 of 423 A: Approve an Audit Committee comprised with different staff positions. LTERNATIVES 121 of 423 122 of 423 123 of 423 124 of 423 7. A BIDS AND PURCHASES OVER $100,000 October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:(1) Disposition of bid protest appeal (2) Reject the seven EQUESTED CTION BY ITY OMMISSION (7) highest bids the City received in response to the Invitation to Bidders (3) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11 & 10/4/11) ER: Ten (10) bids were received and opened by Procurement Services XPLANATION OF EQUEST on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department and the City’s Design Professional for this project, the Wantman Group, Inc. (WGI) for review and evaluation. After having performed an initial administrative evaluation of the 10 bids received, the Utilities Department is recommending, in accordance with the Instruction To Bidders, Section 25 RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids based on price. The seven (7) bids were received from the following bidders: Bidders Bid Value GlobeTec Construction, LLC $890,025.00 Centerline Utilities, Inc. $983,075.00 TLC Diversified, Inc. $1,073,925.00 Cardinal Contractors, Inc. $1,108,512.00 Murray Logan Construction $1,168,000.00 H. A. Contracting, Corp. $1,207,672.00 Lanzo Construction, Co. $1,212,825.00 125 of 423 A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1 through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders as follows: Bidders Bid Value Hinterland Group, Inc. $784,738.00 Wharton-Smith, Inc. $812,000.00 Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and $65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty Engineering, Inc. with a bid value of $877,725.00. The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is $1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project. In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders, the City has received the Bid Evaluation – Due Diligence review documentation and recommendation of award from the Wantman Group, Inc. As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc. appears to be a “very good contractor”. However during the due diligence review of their previous experience in performance of similar projects, the Wantman Group learned that the bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the full scope construction of a large, deep and technologically advanced regional or sub-master lift station. Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation of the Wantman Group, Inc. recommendation of award package, the Utilities Department concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith, Inc. as the lowest, most responsive, responsible bidder who meets all contract document requirements and whose bid represents the most advantageous bid to the City, price and other factors considered. A bid protest appeal has been made and the City Commission must first consider and act on the appeal. H? The project’s scope consists of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary TH sewer gravity line on SE 6 Avenue, to collect and to pump the wastewater to the South Central Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines constructed in 2010 and 2011. FI: Funds are available as follows: ISCAL MPACT 126 of 423 Account Number Project Number Allocation 404-5000-590-96-03 SWR114 100% A: None, the Regional Lift Station at Pence Park represents the third and final LTERNATIVES component of the Regional Force Main project. The first component of this project was the Jack and Bore installations under I-95, Woolbright Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project component was completed in December 2010. The second component of this project was the Open Cut installation of over 20,000 linear feet of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main pipeline system. This pipeline work stretched from the South Central Regional Wastewater Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut Regional Force Main project pipeline component is nearing its Substantial Completion date of August 9, 2011. 127 of 423 128 of 423 129 of 423 130 of 423 131 of 423 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REJECTING THE SEVEN HIGHEST BIDS AND THE LOWEST BID; APPROVING THE AWARD AND EXECUTION BY THE INTERIM CITY MANAGER AND CITY CLERK OF A CONTRACT TO WHARTON-SMITH, INC., FOR BID #059-2821- 11/TWH, FOR “REGIONAL LIFT STATION AT PENCE PARK”, IN THE AMOUNT OF $812,000 WITH AN OWNER’S CONTINGENCY OF 10% IN THE AMOUNT OF $81,200 FOR A TOTAL BUDGET APPROPRIATION OF $893,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 23, 2011, Procurement Services received and opened ten (10) bid proposals in response to #059-2821-11/TWH for “Regional Lift Station at Pence Park”; and WHEREAS, the City’s staff and the City’s Design Professional on this project, the Wantman Group, reviewed and evaluated the bid proposals; and WHEREAS, after an initial administrative evaluation of the ten bids, the Utilities Department has recommended that the City Commission reject the seven (7) highest bids ; and WHEREAS, as a result of the bid evaluation-due diligence performed by the Wantman Group, staff is recommending the award of the contract to Wharton-Smith, Inc., of Sanford, Florida who was the most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract with Wharton-Smith, Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT : Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award and authorize execution by the Interim City Manager and City Clerk of a contract with Wharton-Smith, 132 of 423 Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 133 of 423 PASSED AND ADOPTED this _____ day of August, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 134 of 423 135 of 423 136 of 423 137 of 423 138 of 423 139 of 423 140 of 423 141 of 423 142 of 423 143 of 423 144 of 423 145 of 423 146 of 423 147 of 423 148 of 423 149 of 423 150 of 423 151 of 423 152 of 423 153 of 423 154 of 423 155 of 423 156 of 423 157 of 423 158 of 423 159 of 423 160 of 423 161 of 423 162 of 423 163 of 423 164 of 423 165 of 423 166 of 423 167 of 423 168 of 423 169 of 423 170 of 423 171 of 423 172 of 423 173 of 423 174 of 423 175 of 423 176 of 423 177 of 423 178 of 423 179 of 423 180 of 423 181 of 423 182 of 423 183 of 423 184 of 423 185 of 423 186 of 423 187 of 423 188 of 423 189 of 423 190 of 423 191 of 423 192 of 423 193 of 423 194 of 423 195 of 423 196 of 423 197 of 423 198 of 423 199 of 423 200 of 423 201 of 423 202 of 423 203 of 423 204 of 423 205 of 423 206 of 423 207 of 423 208 of 423 209 of 423 210 of 423 211 of 423 212 of 423 213 of 423 214 of 423 215 of 423 216 of 423 217 of 423 218 of 423 219 of 423 220 of 423 221 of 423 222 of 423 223 of 423 REGIONAL LIFT STATION BID TITLE: “ AT PENCE PARKPROJECT” 059-2821-11/TWH__________ BID NUMBER: SWR114 PROJECT NUMBER: CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 20___, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the Wharton-Smith, Inc. of Sanford, FL_ “CITY” or “OWNER” and ___, a Florida Corporation (_X_) Check One a Florida General Partnership (____) a Florida Limited Partnership (____) 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: REGIONAL LIFT STATION AT PENCE PARK PROJECT WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the _23_ day of _June__, 2011_, for the total bid amount of 812,000.00 $_________________; and, WHEREAS, On the ___ day of _________, 2011_, 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 270 without interruption within 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: 224 of 423 1.AGREEMENT 1.1.The Parties agree that: 1.1.1.The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2.The CITY hereby hires the CONTRACTOR to provide construction services for completion of the Project. 1.1.3.The CONTRACTOR hereby accepts this Contract and agrees to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in this Contract and the Contract Documents for the price and amounts set forth in CONTRACTOR’S bid. 1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5.Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1.The Project consists of those improvements described and set forth in the Contract Documents. 2.2.The “Contract Documents” are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1.Advertisement for Bids 2.2.2.Instructions for Bidders 2.2.3.Bid Proposal 2.2.4.Bid Bond 2.2.5.General Conditions for Construction (GC) – all references to “GC” shall be to section numbers 2.2.6Special Conditions for City Furnished Materials 2.2.7Terms and Conditions for City Furnished Materials 2.2.8Construction Contract 2.2.9Certificate of Insurance 2.2.10Public Construction Bond 2.2.11Technical Specifications 2.2.12Contract Drawings and Plans 2.2.13Addenda 2.2.14Written directives or interpretations 2.2.15Manufacturers 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 225 of 423 accordance with the conditions and prices as stated in the Contract Documents. 3.1.2.Perform all the work and labor pursuant to this contract. All of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1.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 Bond within five (5) days of subcontractors’ work or subcontractor’s supplying of material to CONTRACTOR and shall maintain records to establish such notice. A copy of said notice shall be provided to the City’s Project Manager at time of issuance. 3.1.5.Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7.Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8.Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9.Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10.Obtain written approval from the CITY of all subcontractors not disclosed in the CONTRACTOR’S bid document. 3.1.11.Perform such other tasks as set forth in the Contract Documents. 3.1.12.Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2.The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at CONTRACTOR’S own cost any damage or injury occurring from any cause resulting 226 of 423 from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY’S OBLIGATIONS 4.1.The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2.The CITY shall make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3.On satisfactory completion of the Project, the CITY shall provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1.Prior to commencement of work, the City and Contractor shall negotiate and agree upon Contractor’s per diem direct job site costs and home office overhead costs. The negotiated amounts shall be used for purposes of determining the compensation to be paid to Contractor for a suspension, field change directive, or any other instance wherein GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order to facilitate an agreement as to amount, Contractor agrees to permit the City to audit records which establish Contractor’s direct job site costs and home office overhead. The City and Contractor shall attach an addendum to this Contract which sets forth the negotiated amounts. If the parties are unable to reach an agreement for such costs within 60 days of the City selecting Contractor for the Project, the City shall be entitled to discontinue all discussions with Contractor, select another contractor, or cancel the bid entirely. In such an instance, the awarded Contractor shall not be entitled to receive any funds from City for costs incurred from the time of its bid to the time of the City’s decision not to utilize Contractor’s services. Contractor shall not be entitled to any damages or compensation as a result of Bidder’s reliance on its award of the bid. 5.2.CONTRACTOR hereby agrees to commence work under this contract within ten (10) calendar days of the Commencement Date specified in the written “Notice to Proceed,” 270 and to achieve Substantial Completion without interruption within 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. 227 of 423 6. LIQUIDATED DAMAGES $2,000.00 6.1.The CONTRACTOR agrees to pay per day as liquidated damages, for failure to begin within ten (10) days of CITY’S issuance of the “Notice to Proceed” or failure to 270 achieve Substantial Completion within 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 At the City’s discretion, the City may altering, adding to or deducting from the work. make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 228 of 423 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 Manager, C otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER David Brobst, P.E., Wantman Group, Inc. 11.1.The Project Engineer (“Engineer”) is 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. 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. 229 of 423 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. 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. 230 of 423 CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 17. DISPUTES 17.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 17.2.Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. 231 of 423 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. CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney CONTRACTOR Signed, sealed and witnessed 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: BY THIS BOND, We ___________________________________________, as Principal and ________________________________________________, a corporation, as Surety, are bound to City of Boynton Beach, herein called Owner, in the sum of $_____________________________, for 232 of 423 payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1.Performs the contract dated ___________________________, between Principal and Owner for construction of _________________________________________, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for the contract; and 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4.Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 5.Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes do not affect Surety’s obligation under this bond. 6.This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. DATED ON __________________________________ __________________________________ (Name of Principal) BY: __________________________________ __________________________________ (Name of Surety) 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 233 of 423 a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 20___ ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE 234 of 423 7. B BIDS AND PURCHASES OVER $100,000 October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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 changes to the Annual Bid for Landscape EQUESTED CTION BY ITY OMMISSION Maintenance, original Bid #054-2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders, due to the closing of one of the awarded vendors - TABLED ON 10/4/11 ER: On September 18th, 2008, the City Commission awarded the XPLANATION OF EQUEST Annual Bid for Landscape Maintenance, Bid #054-2730-08/JA for the purpose of providing landscape maintenance to various City and Park locations. The vendors awarded were First Genesis Lawn Services, Latona View Lawn, Novo Arbor, Superior Landscaping and Vila & Son Landscaping. The Bid was awarded for a one (1) year period (October 1, 2008 – September 30, 2009) with the option for three (3) annual renewals. The current renewal period expires on September 30, 2012. This contract will be advertised for bid in the summer of 2012. The major maintenance locations and tasks were assigned to Vila & Son Landscaping Corporation in the amount of $111,537 for FY2011/12 (see attached break down of service areas and costs). On August 5, 2011, Vila & Son Landscaping Corporation notified the City (see attached letter) that they had stopped operating as a business. Staff contacted the second lowest bidder(s) for the locations that were serviced by Vila & Son Landscaping to determine if they would honor their original pricing. All vendors agreed to honor their pricing from their bid. As a result, the maintenance locations need to be redistributed to the second lowest bidder(s) for the 2011/12 fiscal year. The distribution of services and costs are as follows: 235 of 423  Superior Landscaping $ 329,473  First Genesis Lawn Service Inc. 70,548  Latona View Lawn Care Inc 11,246  Novo Arbor 24,390 TOTAL $ 435,657 The projected FY2011/12 budget for landscape maintenance is $498,526. Redistributing the service along with maintenance reductions that were planned will still allow the Forestry & Grounds Division to meet the projected budget. Maintenance reductions include cutting service frequencies (from 44 mowings per year to 37), elimination of pesticide to general areas, elimination of annual mulching and elimination of palm pruning. H? Only affect will be different vendors OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES providing service. FI: Projected FY2011/12 budget for landscape maintenance is $498,526 in ISCAL MPACT account number 001-2730-572-46-98. No increase is needed as maintenance services were eliminated as indicated above. Additional expenditures are budgeted in the same account for the Quantum Maintenance Agreement pending Commission approval. A: Continue with emergency services until new Bid can be awarded. LTERNATIVES 236 of 423 237 of 423 238 of 423 239 of 423 240 of 423 241 of 423 242 of 423 243 of 423 9. A PUBLIC HEARING October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 18, 2011 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. 11-026 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael Campbell ER: This request applies to the currently undeveloped 1.02 acre parcel, XPLANATION OF EQUEST thst located at SW 6 Avenue and SW 1 Street. Originally the eastern portion of the First Presbyterian Church property, it was purchased by Habitat for Humanity of South Palm Beach in 2010. Habitat will transfer the property to its Community Land Trust to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated for green open space. The proposed land use classification of Moderate Density Residential (MoDR) allows for slightly higher maximum density (7.5 dwelling units per acre) than the maximum of 5 units allowed in the Low Density Residential classification prevailing in the surrounding single-family neighborhoods. However, the subject request is not motivated by Habitat’s need for a higher density. Rather, the MoDR classification corresponds with the R-1 zoning designation, which accommodates the targeted lot size the applicant requires for the proposed project. The resulting overall density for the project would be only 4.9 units per acre. A request for rezoning the property to R-1 is being processed concurrently. Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on September 27, 2011 and forwards it with the recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 244 of 423 FI ISCAL MPACT Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated $560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate $4,144. Other annual revenues would include water, stormwater and sewer fees, at $691, refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual revenue of $5,091. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Deny subject request, and maintain the land classified as PPGI. LTERNATIVES 245 of 423 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC., AND LOCATED ON THE NORTHWEST CORNER OF SOUTHWEST 6TH AVENUE AND SOUTHWEST 1ST STREET; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/ INSTITUTIONAL (PPGI) TO MODERATE DENSITY RESIDENTIAL (MoDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City’s adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. 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: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located on the Northwest corner of thst Southwest 6 Avenue and Southwest 1 Street; changing the land use designation from Public and Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR): 246 of 423 THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1º08’32”W., ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO THE SOUTHEAST CORNER OF MANGO HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.89º56’19”W., ALONG THE SOUTH LINE OF SAID PLAT OF MANGO HEIGHTS, A DISTANCE OF 123.70 FEET; THENCE S.1º08’32”E., PARALLEL TO THE EAST LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN N.89º56’19”W., A DISTANCE OF 18.19 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.01 FEET; THENCE N.89º56’19”W., A DISTANCE OF 19.53 FEET; THENCE S.1º08’32”E., A DISTANCE OF 120.03 FEET; THENCE S.89º56’19”E., A DISTANCE OF 9.89 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.83 FEET TO A POINT ON A LINE 25.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 4; THENCE N.90º00’00”E., ALONG SAID PARALLEL LINE, A DISTANCE OF 151.54 FEET TO THE POINT OF BEGINNING. CONTAINING APPROX. 44,514 SQUARE FEET / 1.02 ACRE, MORE OR LESS. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this _____ day of _______________, 2011. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2011. 247 of 423 CITY OF BOYNTON BEACH, FLORIDA ____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ____________________________ Commissioner – Marlene Ross ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 248 of 423 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11- 037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:September 14, 2011 thst PROJECT NAME/NO: Habitat for Humanity at SW 6 Avenue and SW 1 Street LUAR 11-001 REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from PPGI (Public and Private Governmental /Institutional) to MoDR (Moderate Density Residential). Applicant: Michael Campbell REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District ) to R-1 (Single-family Residential District). Applicant: Michael Campbell PROJECT DESCRIPTION Property Owner/Applicant: Habitat for Humanity of South Palm Beach Agent: Michael Campbell thst Location: SW 6 Avenue and SW 1 Street (abutting First Presbyterian Church); see Exhibit “A” – Location Map Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family Residential District Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential District Proposed Use: Single-family residential Acreage: 1.02 acres Adjacent Uses: North: Developed single-family homes of the Mango Heights subdivision, classified Public and Private Governmental/Institutional (PPGI) and zoned R-1-A, Single-family Residential District; 249 of 423 th South: Right-of-way of SW 6 Avenue, and farther south, developed single- family homes of the Mc Donald Park subdivision, classified Low Density Residential (LDR) and zoned R-1-A, Single-family Residential District; st East: Right-of-way of SW 1 Street, and farther east, a multi-family development Pelican Point at Boynton Beach, classified High Density Residential (HDR) and zoned R-3, Multi-family Residential District; and West: Developed property of First Presbyterian Church, classified Public and Private Governmental/Institutional (PPGI), and zoned Local Retail Commercial (LRC) and zoned R-1-A, Single-family Residential District. PROJECT OVERVIEW The parcel which is the subject of this request for land use amendment and rezoning totals approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no longer have to be forwarded to the DCA following their adoption by a local government. The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently undeveloped. Habitat will transfer the property to its Community Land Trust (CLT) to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated as a green open space. Each of the five single-family lots will become an independent land trust entity, with a 99 year land lease. The lease agreement will include all common area maintenance fees and fees dedicated to replacing specific capital systems, such as roofs. Habitat will contract with a property management company to maintain each of the five parcels as well as the green space. The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The Habitat income eligibility requirements include both a maximum and a minimum income, depending on the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the income of $44,040 would fall slightly above the very low income category (with an income of $38,050). The lot abutting the church property will continue to be maintained as a green open space in perpetuity. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B. Comprehensive Plan Amendments. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. 1. A demonstration of need may be based upon changing conditions that Demonstration of Need. represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application . 250 of 423 The subject parcel’s existing land use classification of Public and Private Governmental/Institutional (PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential (MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the Low Density Residential (LDR) classification of single-family neighborhoods in the areas north, west and south of the subject property, which allows a maximum of 5 units per acre. (An inconsistency between a PPGI land use classification and a R-1-A zoning designation of the ten single-family homes abutting the church and the subject property on the north side will be addressed by the City in the future as part of other “house-cleaning” amendments). Please note that the overall density for the entire property would be 4.9 units per acre, lower than the maximum density allowed in LDR classification. The reason behind the request for MoDR classification is not a desire for higher density; rather, the proposed classification is consistent with the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1 zoning designation to replace the existing designation of R-1-A in order to build five single-family homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500 square feet. The proposed rezoning would allow one additional home on the subject property. See Criterion # 3 for further discussion. A sharp decline of home prices in the City combined with very low mortgage rates dramatically improved affordability for home buyers. However, rigid underwriting standards currently embraced by the banking industry, including high downpayments and near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively addresses all these issues and assures long-term affordability of the units. Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning 2. Consistency. would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed land use amendment and rezoning is consistent with Objective 6.3 and related policies of the Housing Element of the Comprehensive Plan: Objective 6.3 Through the year 2013, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for very low-, low- and moderate- income persons to meet their housing needs. The provision of housing to the low-, and especially very low income households has been a challenge for the City. Households in these income ranges have always faced significant barriers to homeownership, and - as explained in p. (1) – their situation has not improved. Access to a Habitat- financed unit is likely to be the best option for them, especially since state funding for home ownership has suffered a major decline. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 3. Land Use Pattern. would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. According to the classic planning theory, granting of this request may be considered a “spot zoning” and would create an “isolated” land use classification and zoning district. A spot zoning is not necessarily improper. A more relevant question is whether a proposed change, in addition to 251 of 423 benefiting an individual owner, will serve a general welfare of the community. In this particular case, a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public purpose – provision of housing to low-and very low income households. Moreover:  The proposed land use amendment and rezoning is consistent with the established land use pattern of the surrounding neighborhoods: the proposed use is single-family residential.  The reason behind the request for R-1 zoning is the inability of the applicant to meet the R- 1-A District’s requirement for minimum lot area of 7,500 square feet (see also Criterion # 1). A random check of lot sizes in the surrounding neighborhoods determined that a large percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non- conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the “established land use pattern”.  The overall density for the entire project would be 4.9 units per acre, well below the maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1- A District. Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R- 3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1 zoning may be considered an appropriate land use transition to a significantly higher density. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 4. Sustainability. would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The term “sustainable” in its most comprehensive meaning encompasses all aspects of community life. Promoting economic and social sustainability includes actions that support diverse economic base, entrepreneurship, flexible education system responsive to market needs, and, importantly, availability of housing of all types and price levels. Habitat’s housing model does promote sustainable community, specifically since it assures long-term affordability. In addition, the proposed request conforms to the criterion’s emphasis on access to “alternative modes of transportation” and connectivity. The Palm Tran bus stop is located within approximately th 900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW 7 Avenue. Connectivity criterion would also be met: an agreement between the First Presbyterian Church and the Habitat (included in the Community Land Trust), will ensure the public access to the green open space. All requests for Future Land Use Map 5. Availability of Public Services / Infrastructure. amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning is compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer The City’s water, sewer and wastewater treatment capacity is available to serve the project. Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an extension of the City’s gravity sewer system to make sanitary service available to the proposed homes. Traffic th The letter from the Palm Beach County Traffic Division, received by staff on August 29, 2011, 252 of 423 confirms that the proposed project is located within the designated Coastal Residential Exception area of Palm Beach County, and therefore conforms to the Traffic Performance Standards Ordinance. As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along the south property line adjacent to the SW 6th Avenue right of way. All five proposed units will have access from SW 1st Street. Since the SW 1st Street segment that abuts the subject property is a private road owned by Pelican Point, an access agreement between Habitat and Pelican Point must be reached prior to the plat approval. Solid waste On January, 2011, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2026. Drainage Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the city and local drainage permitting authorities. The application shall consider the following factors to determine compatibility: 6. Compatibility. (a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in Criterion #3, the proposed land use amendment and rezoning are compatible with the current and future use of adjacent and nearby properties. They will not negatively affect the property values of adjacent and nearby properties. Please also note that, as mentioned in the “Project Overview” section, Habitat will contract with a property management company to maintain the property, and the lease agreements will include all fees ensuring that both the common grounds and the buidings remain in good condition. Importantly, a community land trust prevents foreclosures for any housing located upon its land. The proposed amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as whole. Whether there are adequate sites elsewhere in the City for the proposed use in 7. Alternative Sites. zoning districts where such use is already allowed. The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development of larger properties, allowing for construction of several units, result in a more effective and efficient use of the Community Land Trust model. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and (2) consistent with the established land use patterns. Therefore, staff recommends that the subject request be approved. 253 of 423 S:\Planning\SHARED\WP\PROJECTS\ for \HABITAT LUAR 11-001\HFH Staff Report.doc HabitatHumanity 254 of 423 255 of 423 256 of 423 9. B PUBLIC HEARING October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: OCTOBER 18, 2011 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. 11-027 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single- family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell ER: This is a rezoning request that accompanies the request for a land XPLANATION OF EQUEST use amendment by Habitat for Humanity of South Palm Beach for the currently undeveloped thst 1.02 acre parcel, located at SW 6 Street and SW 1 Avenue. Originally an eastern portion of the First Presbyterian Church property, it was purchased by Habitat in 2010. Habitat will transfer the property to its Community Land Trust to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated for green open space. The request is to rezone the subject parcel to an R-1 zoning designation from its current designation of R-1-A, as the district prevailing throughout the surrounding single-family neighborhoods. The requested designation accommodates the targeted lot size the applicant requires for the proposed project. Staff recommends that the subject request be approved. The Planning and Development Board reviewed the item on September 27, 2011 and forwards it with the recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT 257 of 423 Revenues. Habitat’s homes are expected to appraise at about $112,000, totaling an estimated $560,000 for five proposed units. The annual ad valorem taxes at 7.4 rate would generate $4,144. Other annual revenues would include water, stormwater and sewer fees, at $691, refuse collection fee of $168, and fire assessment fee of $88, for a total projected annual revenue of $5,091. Costs. The necessary services for the property can be provided within the existing capacity of the respective city departments providing these services: no additional capital outlays or increased staffing would be required. The increase in operating costs has not been estimated and it is deemed to be negligible. A: Deny subject request, and maintain existing R-1-A zoning on the property. LTERNATIVES 258 of 423 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF SOUTHWEST 6TH AVENUE AND SOUTHWEST 1ST STREET, AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1-A) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Michael Campbell on behalf of Habitat for Humanity of South Palm Beach has filed a petition to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. th Section 2. The following described land located on the Northwest corner of Southwest 6 st Avenue and Southwest 1 Street, as more fully described herein, is hereby rezoned from Single-family Residential District (R-1-A) to Single-family Residential District (R-1): 259 of 423 THAT PORTION OF LOT 4, SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF LOT 4, BEING 25 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 4; THENCE N.1º08’32”W., ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 300.75 FEET TO THE SOUTHEAST CORNER OF MANGO HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGE 55, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.89º56’19”W., ALONG THE SOUTH LINE OF SAID PLAT OF MANGO HEIGHTS, A DISTANCE OF 123.70 FEET; THENCE S.1º08’32”E., PARALLEL TO THE EAST LINE OF SAID LOT 4, A DISTANCE OF 60.04 FEET; THEN N.89º56’19”W., A DISTANCE OF 18.19 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.01 FEET; THENCE N.89º56’19”W., A DISTANCE OF 19.53 FEET; THENCE S.1º08’32”E., A DISTANCE OF 120.03 FEET; THENCE S.89º56’19”E., A DISTANCE OF 9.89 FEET; THENCE S.1º08’32”E., A DISTANCE OF 60.83 FEET TO A POINT ON A LINE 25.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 4; THENCE N.90º00’00”E., ALONG SAID PARALLEL LINE, A DISTANCE OF 151.54 FEET TO THE POINT OF BEGINNING. CONTAINING APPROX. 44,514 SQUARE FEET / 1.02 ACRE, MORE OR LESS. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2011. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ 260 of 423 Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ ATTEST: Commissioner – Marlene Ross _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 261 of 423 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11- 037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director FROM:Hanna Matras Senior Planner DATE:September 14, 2011 thst PROJECT NAME/NO: Habitat for Humanity at SW 6 Avenue and SW 1 Street LUAR 11-001 REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from PPGI (Public and Private Governmental /Institutional) to MoDR (Moderate Density Residential). Applicant: Michael Campbell REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District ) to R-1 (Single-family Residential District). Applicant: Michael Campbell PROJECT DESCRIPTION Property Owner/Applicant: Habitat for Humanity of South Palm Beach Agent: Michael Campbell thst Location: SW 6 Avenue and SW 1 Street (abutting First Presbyterian Church); see Exhibit “A” – Location Map Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family Residential District Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential District Proposed Use: Single-family residential Acreage: 1.02 acres Adjacent Uses: North: Developed single-family homes of the Mango Heights subdivision, classified Public and Private Governmental/Institutional (PPGI) and zoned R-1-A, Single-family Residential District; 262 of 423 th South: Right-of-way of SW 6 Avenue, and farther south, developed single- family homes of the Mc Donald Park subdivision, classified Low Density Residential (LDR) and zoned R-1-A, Single-family Residential District; st East: Right-of-way of SW 1 Street, and farther east, a multi-family development Pelican Point at Boynton Beach, classified High Density Residential (HDR) and zoned R-3, Multi-family Residential District; and West: Developed property of First Presbyterian Church, classified Public and Private Governmental/Institutional (PPGI), and zoned Local Retail Commercial (LRC) and zoned R-1-A, Single-family Residential District. PROJECT OVERVIEW The parcel which is the subject of this request for land use amendment and rezoning totals approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a “small scale” amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no longer have to be forwarded to the DCA following their adoption by a local government. The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently undeveloped. Habitat will transfer the property to its Community Land Trust (CLT) to establish a six-lot single-family subdivision, with five lots to be platted for single-family homes and one designated as a green open space. Each of the five single-family lots will become an independent land trust entity, with a 99 year land lease. The lease agreement will include all common area maintenance fees and fees dedicated to replacing specific capital systems, such as roofs. Habitat will contract with a property management company to maintain each of the five parcels as well as the green space. The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The Habitat income eligibility requirements include both a maximum and a minimum income, depending on the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the income of $44,040 would fall slightly above the very low income category (with an income of $38,050). The lot abutting the church property will continue to be maintained as a green open space in perpetuity. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B. Comprehensive Plan Amendments. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. 8. A demonstration of need may be based upon changing conditions that Demonstration of Need. represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application . 263 of 423 The subject parcel’s existing land use classification of Public and Private Governmental/Institutional (PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential (MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the Low Density Residential (LDR) classification of single-family neighborhoods in the areas north, west and south of the subject property, which allows a maximum of 5 units per acre. (An inconsistency between a PPGI land use classification and a R-1-A zoning designation of the ten single-family homes abutting the church and the subject property on the north side will be addressed by the City in the future as part of other “house-cleaning” amendments). Please note that the overall density for the entire property would be 4.9 units per acre, lower than the maximum density allowed in LDR classification. The reason behind the request for MoDR classification is not a desire for higher density; rather, the proposed classification is consistent with the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1 zoning designation to replace the existing designation of R-1-A in order to build five single-family homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500 square feet. The proposed rezoning would allow one additional home on the subject property. See Criterion # 3 for further discussion. A sharp decline of home prices in the City combined with very low mortgage rates dramatically improved affordability for home buyers. However, rigid underwriting standards currently embraced by the banking industry, including high downpayments and near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively addresses all these issues and assures long-term affordability of the units. Whether the proposedFuture Land Use Map amendment (FLUM) and rezoning 9. Consistency. would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed land use amendment and rezoning is consistent with Objective 6.3 and related policies of the Housing Element of the Comprehensive Plan: Objective 6.3 Through the year 2013, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for very low-, low- and moderate- income persons to meet their housing needs. The provision of housing to the low-, and especially very low income households has been a challenge for the City. Households in these income ranges have always faced significant barriers to homeownership, and - as explained in p. (1) – their situation has not improved. Access to a Habitat- financed unit is likely to be the best option for them, especially since state funding for home ownership has suffered a major decline. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 10. Land Use Pattern. would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. According to the classic planning theory, granting of this request may be considered a “spot zoning” and would create an “isolated” land use classification and zoning district. A spot zoning is not necessarily improper. A more relevant question is whether a proposed change, in addition to 264 of 423 benefiting an individual owner, will serve a general welfare of the community. In this particular case, a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public purpose – provision of housing to low-and very low income households. Moreover:  The proposed land use amendment and rezoning is consistent with the established land use pattern of the surrounding neighborhoods: the proposed use is single-family residential.  The reason behind the request for R-1 zoning is the inability of the applicant to meet the R- 1-A District’s requirement for minimum lot area of 7,500 square feet (see also Criterion # 1). A random check of lot sizes in the surrounding neighborhoods determined that a large percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non- conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the “established land use pattern”.  The overall density for the entire project would be 4.9 units per acre, well below the maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1- A District. Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R- 3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1 zoning may be considered an appropriate land use transition to a significantly higher density. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning 11. Sustainability. would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The term “sustainable” in its most comprehensive meaning encompasses all aspects of community life. Promoting economic and social sustainability includes actions that support diverse economic base, entrepreneurship, flexible education system responsive to market needs, and, importantly, availability of housing of all types and price levels. Habitat’s housing model does promote sustainable community, specifically since it assures long-term affordability. In addition, the proposed request conforms to the criterion’s emphasis on access to “alternative modes of transportation” and connectivity. The Palm Tran bus stop is located within approximately th 900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW 7 Avenue. Connectivity criterion would also be met: an agreement between the First Presbyterian Church and the Habitat (included in the Community Land Trust), will ensure the public access to the green open space. All requests for Future Land Use Map 12. Availability of Public Services / Infrastructure. amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning is compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer The City’s water, sewer and wastewater treatment capacity is available to serve the project. Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an extension of the City’s gravity sewer system to make sanitary service available to the proposed homes. Traffic th The letter from the Palm Beach County Traffic Division, received by staff on August 29, 2011, 265 of 423 confirms that the proposed project is located within the designated Coastal Residential Exception area of Palm Beach County, and therefore conforms to the Traffic Performance Standards Ordinance. As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along the south property line adjacent to the SW 6th Avenue right of way. All five proposed units will have access from SW 1st Street. Since the SW 1st Street segment that abuts the subject property is a private road owned by Pelican Point, an access agreement between Habitat and Pelican Point must be reached prior to the plat approval. Solid waste On January, 2011, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2026. Drainage Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the city and local drainage permitting authorities. The application shall consider the following factors to determine compatibility: 13. Compatibility. (a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in Criterion #3, the proposed land use amendment and rezoning are compatible with the current and future use of adjacent and nearby properties. They will not negatively affect the property values of adjacent and nearby properties. Please also note that, as mentioned in the “Project Overview” section, Habitat will contract with a property management company to maintain the property, and the lease agreements will include all fees ensuring that both the common grounds and the buidings remain in good condition. Importantly, a community land trust prevents foreclosures for any housing located upon its land. The proposed amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as whole. Whether there are adequate sites elsewhere in the City for the proposed use in 14. Alternative Sites. zoning districts where such use is already allowed. The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development of larger properties, allowing for construction of several units, result in a more effective and efficient use of the Community Land Trust model. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and (2) consistent with the established land use patterns. Therefore, staff recommends that the subject request be approved. 266 of 423 S:\Planning\SHARED\WP\PROJECTS\ for \HABITAT LUAR 11-001\HFH Staff Report.doc HabitatHumanity 267 of 423 268 of 423 269 of 423 11. A UNFINISHED BUSINESS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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 Draft City of Boynton Beach Economic EQUESTED CTION BY ITY OMMISSION Development Program. ER: Pursuant to a discussion at its meeting of June 7, 2011, the City XPLANATION OF EQUEST Commission requested that staff provide information to create a plan for economic growth in the city. H? Adoption of the Draft Economic OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Development Program will set in motion a series of cumulative steps leading to the identification of specific target industries for the City; the establishment of a marketing budget to coincide with the Branding efforts; initiation of a staff Economic Development Team to begin implementation; and the hiring of an Economic Development Professional to implement the City’s Economic Development Program. FI: The Draft Economic Development Program has a number of ISCAL MPACT recommendations that require funding and will be tailored to meet the Commission’s priorities for expenditure of the $100,000 budget approved in September, 2011. A: Do not accept the Draft Economic Development Program. LTERNATIVES 270 of 423 271 of 423 272 of 423 273 of 423 274 of 423 275 of 423 276 of 423 277 of 423 278 of 423 279 of 423 280 of 423 281 of 423 282 of 423 283 of 423 284 of 423 285 of 423 286 of 423 287 of 423 288 of 423 289 of 423 290 of 423 291 of 423 11. B UNFINISHED BUSINESS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Discussion of the City's Branding Initiative and future EQUESTED CTION BY ITY OMMISSION development. Authorize the utilization of up to $10,000 of Economic Development Incentive funding for professional marketing services to facilitate completion of the brand development process ER: With city revenues declining, small businesses closing and XPLANATION OF EQUEST consumer spending waning, cities across the nation have begun to strategically reposition their approach to economic development. Many cities are using Branding as a way to unite the community around a new competitive identity and to communicate their fresh approach to the outside world. The Palm Beach County Convention & Visitors Bureau (PBC CVB) recently completed its own Brand Assessment Process to establish a new Promise for the destination. This Promise is now being used as the foundation of the organization’s ongoing and future marketing plans. A brand is not something that can be purchased or even created from scratch; rather it is crafted over time through a deliberate, strategic process and understanding of what the community is where it came from and what it wants to be. It begins with the development of a Brand which delivers an experience and guides an organization in everything it does. Promise The primary purpose of a Brand Promise is to clearly communicate what the brand stands for to every stakeholder including residents, businesses, visitors and employees and becomes the cornerstone for all strategic planning, actions and future decision making. The Brand Promise should be based on the assets and strengths of the city, its history and culture, the objectives of the broader economic development strategy and the collective vision and goals of residents, businesses and other community stakeholders. When a city is able to differentiate itself, build upon and showcase its local assets and present a unified front, businesses and consumers are more likely to be attracted to and invest in the community. 292 of 423 At the October 5, 2010 City Commission meeting, the Arts Commission presented its Visioning Plan which made reference to the need for development of the city’s brand. The Commission then asked staff to evaluate the city’s image and tagline and bring back a recommendation. A Branding Committee including city staff, and representatives from the Chamber of Commerce and the CRA was formed to supervise a city-wide “re-branding” campaign. Its goal is to:  Position the town as a desirable, year round destination.  Increase the number of visits to the area.  Positively impact Boynton Beach’s business partnerships, merchandizing, organizations, events, culture, and education, all while generating a ‘buzz”. The first step to creating a Brand Promise (according to BrandStrategy Inc. – the consultant that put together the campaign for the PBC CVB) is the Brand Assessment. BrandStrategy, Inc. has broken the branding process into : four phases to success*  Brand Assessment  Brand Promise  Brand Blueprint  Brand Culturalization The Branding Committee began the Assessment process with a review of our current brand, logos and tagline and researched all collateral documents created through workshops and vision planning in the City. These documents included:  Boynton Beach 20/20 Redevelopment Master Plan (Sept. 1998)  Heart of Boynton Community Redevelopment Plan (Nov. 2001)  Boynton Beach Assembly: Committing to Our Future (Oct. 2006)  City of Boynton Beach Downtown Vision & Master Plan (Jan. 2009)  City of Boynton Beach Climate Action Plan (July 2010)  Art in Public Places Visioning Plan Executive Summary (Aug. 2010) Through the research of these existing documents, an Executive Summary was created capturing key elements related to Boynton Beach’s identity. (Exhibit A) Next, a branding survey based on an analysis of existing Best Practices was created and published in February 2011 on the websites of the Palm Beach Post, CRA, City of Boynton Beach, Boynton Beach Chamber of Commerce and Palm Beach County. Hard copies of the survey were also made available at Boynton Beach City Hall and the Boynton Beach Library (Exhibit B). From this survey the committee was able to identify both the tangible and intangible attributes of the city. The current tagline “Gateway to the Gulf Stream” was also evaluated in this process. In order to solidify the conceptual nature of the city’s attributes, the committee solicited quotes from several marketing/branding companies and chose Sack Lunch to assist with the creation of visual representations of the City’s four key conceptual attributes (as identified by the staff research and completed Surveys). The key attributes are now identified as the Marina District, Green Living, Dining & Shopping and Arts & Culture (Exhibit C). Initially was Arts & Culture presented as but was changed by suggestion to better represent the diversity of Arts & History our Community. From April 2011 through September 2011 members of the Branding Committee presented these four key conceptual attributes to several stakeholders throughout the city including the 293 of 423 Greater Boynton Beach Chamber of Commerce Board of Directors, as well as the Chamber membership during the August 2011 Chamber luncheon. Presentations were also made to the Greater Boynton Beach Foundation Board, the Arts Commission, the PBC Convention and Visitors Bureau and the PBC Business Development Board for comments and feedback. The “Gateway to the Gulfstream” tagline was well received. Boynton Beach is the closest point in the United States to the Atlantic Gulf Stream which affords our community good weather, marine and water related activities and provides a strong metaphor evoking images of the tropics and a connection with the natural energy of the ocean environment. It also lends itself to being the “Gateway” to our four key attributes. Anyone who Googles “Gateway to the Gulfstream” will find the first five (5) pages referencing Boynton Beach, FL. The four key attributes were also endorsed by the stakeholders as encompassing the best that Boynton Beach has to offer. Recently, the Palm Beach County CVB selected the City of Boynton Beach as their “Beta Location” for its soon-to-be launched campaign. The national/internationally distributed campaign, which focuses on the many unique municipalities within Palm Beach County, was unveiled featuring the newly created “Breeze into Boynton” icon. Thanks to this community- focused cooperative campaign, we are now better able to cost effectively increase the reach of marketing initiatives. The next step in the on-going process is to create a Brand Promise. A Brand Promise is not the advertising message, vision or mission statement, but rather the essence (heart, soul and spirit) of the benefits (functional and emotional) that residents, businesses and guests receive when experiencing Boynton Beach. The Promise is our community’s internal commitment for the kind of positive experiences we want our visitors and stakeholders to enjoy, thereby creating enormous competitive advantages. The City’s Brand Promise development begins with the establishment of the Boynton Beach Brand Promise Committee. This committee will be comprised of those who can “…make decisions on behalf of their constituencies and working together as a unit for the benefit of the community.”* We thank the initial Branding Committee for successfully bringing the brand process to this point…they conducted the research and initial assessment. Now it is time for the City staff to pass the baton to the Boynton Beach Brand Promise Committee (BBBPC) and let these community leaders, using the tools developed by the initial Branding Committee, develop our community’s Brand Promise. The BBBPC will consist of members of the organizations that represent our Community, including the Heart of Boynton, COWBRA, the Realtors Association, PB County Business Development Board, Bethesda, Boynton Mall, Chamber of Commerce, the CRA, the Marine Industries in the Boynton Area, PBC Commissioner Shelly Vanna’s office, and a member of the City Commission as well as several Boynton Advisory Boards. It is our recommendation that the committee would work with the assistance of a third party facilitator and a staff liaison, as was the case with the PBC CVB and our Boynton Beach Climate Action Plan. Once the new Brand Promise has been approved by the City Commission, the Brand Blueprint (a written action plan) will be created for the brand communication. This includes “developing the brand’s name, graphic representation, byline, tag line, brand story and messages. It will 294 of 423 ensure that all brand messages are consistent with what the brand stands for and the desired perceptions.”* And finally, Brand Culturalization takes place, “integrating the Promise doctrine into every aspect of the community and encouraging businesses and organizations in Boynton Beach to utilize the Brand for a cohesive image of our Community’s promise of experience.”* H? A distinctive, compelling brand will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES capitalize on our uniqueness, diversity and showcase the city’s eclectic energy. Partnering with the PBC CVB, the BDB and other stakeholders, we can cost-effectively create a cohesive, attractive image for the City that will enhance economic development and build Boynton Beach’s awareness in key local, national and international markets. Our Community’s businesses, residents and other interested parties will also be invited to incorporate elements of the Promise into their existing promotional plans and collateral. This collective image and its integration will help to influence the decision of businesses and individuals to live, invest or visit in Boynton Beach. FI: To date, the city has spent $2,300 to Sack Lunch Marketing to create visual ISCAL MPACT representations of Boynton Beach’s four key attributes, helping stakeholders to conceptualize how the attributes can be represented and tied into a brand image. Going forward, staff is requesting the City Commission to authorize the utilization of up to $10,000 of Economic Development Incentive funding for professional marketing services to facilitate completion of the brand development process successfully completed by the CVB. Artwork for the brand graphic representation would need to be contracted separately. A: LTERNATIVES 1. Not to go forward with the proposed branding process as an integral piece of the Economic Development Plan and direct staff to create an alternative branding process. 2. Discontinue the branding process. Attachments: Exhibit A: Executive Summary regarding Boynton Beach’s identity Exhibit B: Initial Branding Survey Exhibit C: Four Key Conceptual Attributes * Note: Information borrowed from Destination BrandScience, by BrandStrategy, Inc. 295 of 423 296 of 423 297 of 423 298 of 423 299 of 423 300 of 423 301 of 423 302 of 423 303 of 423 304 of 423 305 of 423 306 of 423 307 of 423 308 of 423 309 of 423 310 of 423 311 of 423 312 of 423 313 of 423 314 of 423 315 of 423 316 of 423 317 of 423 318 of 423 319 of 423 320 of 423 321 of 423 322 of 423 323 of 423 324 of 423 325 of 423 326 of 423 327 of 423 328 of 423 329 of 423 330 of 423 331 of 423 332 of 423 333 of 423 334 of 423 335 of 423 336 of 423 337 of 423 338 of 423 339 of 423 340 of 423 341 of 423 342 of 423 343 of 423 344 of 423 345 of 423 346 of 423 347 of 423 348 of 423 349 of 423 350 of 423 351 of 423 352 of 423 353 of 423 354 of 423 355 of 423 356 of 423 357 of 423 358 of 423 359 of 423 360 of 423 361 of 423 362 of 423 363 of 423 364 of 423 11. C UNFINISHED BUSINESS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Review the Florida Atlantic University (FAU) Consultant EQUESTED CTION BY ITY OMMISSION Report on redistricting alternatives for City Commission Districts within the City of Boynton Beach, Florida and direct staff to prepare a redistricting ordinance from one of the alternative district configurations for the November 1, 2011 City Commission meeting. ER: This report from Florida Atlantic University’s Department of XPLANATION OF EQUEST Geosciences (attached) transmits several alternative considerations for revised Commission Districts for the City of Boynton Beach, Florida. All of the alternative district configurations presented for consideration meet required criteria as stipulated in the City Charter: “The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the city. The principal of non- discrimination and one man/one vote shall be adhered to strictly”. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Reject report and resume study of district boundaries. LTERNATIVES Attachments: Boynton Beach Redistricting Alternatives Report □ Redistricting Existing Map □ Redistricting Alternative A Map □ Redistricting Alternative B Map □ Redistricting Alternative C Map □ Redistricting Alternative D Map □ 365 of 423 366 of 423 367 of 423 368 of 423 369 of 423 370 of 423 371 of 423 372 of 423 373 of 423 374 of 423 375 of 423 376 of 423 377 of 423 378 of 423 379 of 423 380 of 423 381 of 423 382 of 423 383 of 423 384 of 423 385 of 423 386 of 423 387 of 423 388 of 423 389 of 423 390 of 423 391 of 423 392 of 423 393 of 423 394 of 423 395 of 423 12. A NEW BUSINESS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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 cancellation of the December 20th, 2011, City EQUESTED CTION BY ITY OMMISSION Commission meeting in observance of the Jewish celebration of Hanukkah strd ER: City Commission meetings are held on the 1 and 3 Tuesday of XPLANATION OF EQUEST th each month throughout the year. The December meetings would be held on December 6 th and December 20, 2011. The Jewish holiday, Hanukkah, begins at sundown on December 20, 2011 through December 28, 2011. H? The City Commission will have only one OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES meeting in the month of December FI: ISCAL MPACT A: 1) Reschedule the meeting LTERNATIVES 2) Proceed with the meeting as scheduled 3) Cancel the meeting 396 of 423 12. B NEW BUSINESS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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 a five-member committee to review the EQUESTED CTION BY ITY OMMISSION recommendation by the City Manager to rename Veterans' Bicentennial Park to Veterans' Memorial Park. ER: On September 14, 2011, the Veterans’ Advisory Commission voted XPLANATION OF EQUEST unanimously to recommend renaming the current Veterans’ Bicentennial Park to Veterans’ Memorial Park. The Recreation & Parks Board had previously requested the Veterans’ Advisory Commission to review this matter and make recommendations as appropriate. The City Manager’s designee has reviewed the criteria per Ordinance No. 06-078 (see attached) and has determined that the request adheres to criteria #3: A person or place of historical or cultural significance; and criteria #4: A person group or feature particularly identified with the land or facility; and criteria #5: Commitment for monetary sponsorship. The Veteran’s Bicentennial Park is the home to numerous war memorial monuments, many of which have been purchased and placed by the Veterans’ Advisory Commission. Therefore the City Manager recommends the name change to the City Commission. Per Ordinance No. 06- 078, the City Commission appoints a five-member committee to review the recommendation and the committee will forward their recommendation back to the Commission for final approval. H? All future identification of parks will need OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to be changed to the names approved by the City Commission. FI: New signage will need to be placed at the newly renamed park. Anticipate ISCAL MPACT cost not to exceed $1,000. 397 of 423 A: Do not appoint a review committee and not re-name the park. LTERNATIVES 398 of 423 399 of 423 400 of 423 401 of 423 402 of 423 13. A LEGAL October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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. 11-028 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida, which preempts firearm laws and regulation to the State. ER: The City Attorney’s Office recommends amending and XPLANATION OF EQUEST repealing sections of the City’s Code of Ordinances to eliminate any reference to firearms and ammunition. Effective October 1, 2011, Florida law was amended to provide that the entire field of the regulation of firearms and ammunition is preempted to the state, specifically to the exclusion of any city or county ordinances, regulations or rules. As of the effective date, all local ordinances, rules, and regulations pertaining to firearms and ammunition were null and void as a matter or law. Our office recommends repealing these provisions to prevent inadvertent citation to or enforcement of these void laws. H? The regulation of ammunition or firearms OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES is preempted to the state. All local laws and regulations are void as a matter of law. The regulation of firearms must be accomplished through the enforcement of state law. FI: N/A ISCAL MPACT A: Failure to adopt this ordinance will mean that inadvertent citation to or LTERNATIVES enforcement of invalid local firearms regulations may occur. Enforcement of the invalid local laws may result in a fine of up to $5,000 against the violating party; loss of employment, or 403 of 423 removal from office of the violating party; and will subject the city to liability for actual damages, incurred by the party challenging enforcement, of up to $100,000. 404 of 423 ORDINANCE NO. 11-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING PART II, CHAPTER 15, ARTICLE I, SEC. 15-14 AND PART II, CHAPTER 15, ARTICLE III, SEC. 15-45 OF THE CITY’S CODE OF ORDINANCES RELATING TO FIREARMS; AND AMENDING PART III, CHAPTER 1, ARTICLE II, PERTAINING TO THE DEFINITION OF ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, AND TOY STORES, OF THE CITY’S CODE OF ORDINANCES RELATING TO FIREARMS; PART II, CHAPTER 16, ARTICLE II, SEC. 16-53 AND PART III, CHAPTER 3, ARTICLE IV, SECTION (3)(E)(25); PROVIDING FOR CONSISTENCY WITH CHAPTER 2011-109, LAWS OF FLORIDA, WHICH PREEMPTS FIREARM LAWS AND REGULATION TO THE STATE; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE . WHEREAS, on June 2, 2011, House Bill 45, as adopted by the 2011 Florida Legislature was signed into law as Chapter 2011-109, Laws of Florida (the “Act”), by Governor Scott; and WHEREAS, the Act directly preempts the entire field of regulation of firearms and ammunition to the exclusion of any city or county ordinances, regulations or rules; and WHEREAS, the Act provides for an effective date of October 1, 2011; and WHEREAS, the Act provides that any such existing local ordinances, rules or regulations are declared null and void; and WHEREAS, the Act provides for severe sanctions and penalties in the event that the City, Elected Officials, or Employees violate the Legislature’s occupation of the whole field of regulation of firearms and ammunition; and WHEREAS, the City Commission finds the repeal of Part II, Chapter 15, Article I, Sec. 15-14; Part II and Chapter 15, Article III, Section 15-45; and the amendment of Part II, Chapter 16, Article II, Sec. 16-53; Part III, Chapter 3, Article IV, Sec. (3)(E)(25); and Part III, Chapter 1, Article II, pertaining to the definition of art, book, craft, hobby, music, sporting good, and toy stores to be in the best interests of the citizens and residents of the City and necessary to comply with the new law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 405 of 423 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. The City Commission of the City of Boynton Beach hereby repeals Part II, Chapter 15, Article I, Sec. 15-14 and Part II, Chapter 15, Article III, Section 15-45; of the City’s Code of Ordinances. Section 3. Part II, Chapter 16, Article II, Sec. 16-53; is amended to read: Sec. 16-53. Hunting; weapons; shooting It shall be unlawful for any person to hunt, trap or pursue wild life at any time on any beach or park; nor shall any person use, carry or possess firearms of any description, or air- rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, excluding firearms, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into a park area from beyond the park boundaries is forbidden. Section 4. Part III, Chapter 3, Article IV, Sec. (3)(E)(25) is amended to read: 25. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. C-2 District. Gross floor area shall not exceed five thousand (5,000) square feet. The sale of ammunition or firearms is prohibited. b. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht club. c. "Mixed Use" Districts. The sale of ammunition or firearms is prohibited. Section 5. Part III, Chapter 1, Article II defining Art, Book, Craft, Hobby, Music, Sporting Good & Toy Store is amended to read: ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - Establishments that retail and provide expertise on the use of sporting equipment (such as a bicycle or dive shops) or other specific leisure activities, such as needlework and musical instruments. but excluding the sale of ammunition or firearms as a principal use. Sporting goods stores may retail ammunition and/or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaying works of art for retail sale in art galleries. Section 6. The appropriate members of the City staff are hereby authorized to take any and all steps necessary to effectuate the intent of this Ordinance. Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. 406 of 423 Section 8. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 9. This Ordinance shall become effective on October 1, 2011. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 407 of 423 FIRST READING this ________ day of __________________, 2011. SECOND, FINAL READING AND PASSAGE this _____day of _______________, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 408 of 423 13. B LEGAL October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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. 11-029 - SECOND EQUESTED CTION BY ITY OMMISSION READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance. ER: At the July 19, 2011 City Commission meeting the City Commission XPLANATION OF EQUEST directed the City Attorney to revise the City’s Lobbyist Registration Ordinance. The attached Ordinance incorporates changes to the definition of Lobbying and Lobbyist to conform to Palm Beach County definitions. Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance will be forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to investigate (at their respective discretion) and determine if any violation of the County ethics or . procurement standards have occurredThe Ordinance retains but simplifies language regarding the Cone of Silence. H? There is limited administrative oversight OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES required; City Clerk will maintain a registered lobbyist list in the same manner as is currently occurring. FI: Following referral of a complaint to the Commission on Ethics or Office of Inspector ISCAL MPACT General the City should not anticipate any cost other than the City’s annual proportionate share. The City is obligated to pay the Palm Beach County Inspector General $91,379 for the 2011-2012 fiscal year. The City will be billed in October for June through September 2011 in the amount of $28,126. A: 1. Continue with the current Lobbyist Registration Ordinance without modification. LTERNATIVES 2. Modify the current Lobbyist Registration Ordinance to a different degree. 3. Provide no provisions for City regulations of Lobbyist and rely on countywide ethical regulations and Office of Inspector General oversight of procurement . activity 409 of 423 410 of 423 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DELETING THE CURRENT CHAPTER 2, ARTICLE XVII, “REGISTRATION OF LOBBYIST” IN ITS ENTIRETY AND CREATING A NEW ARTICLE XVII “REGISTRATION OF LOBBYIST AND DISCLOSURE OF LOBBYING ACTIVITY”; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED 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 incorporated herein and made a part hereof. Section 2. Article XVII entitled “Registration of Lobbyist” of Chapter 2 of the Code of Ordinances is hereby deleted in its entirety Section 3. A new Article XVII entitled “Registration of Lobbyist” of Chapter 2 of the Code of Ordinances is hereby created to read as follows: Sec. 2-230 Title and Purpose. (a) This Ordinance may be referred to as the “City of Boynton Beach Lobbyist Disclosure Ordinance.” (b) It is the intent of this ordinance that: (1) Lobbyists register with the City Clerk; (2) Lobbyists disclose lobbying activity as a condition precedent to the award of a contract, grant award, land development order or conveyance of property; and (3) City Commissioners, prior to voting on any matter that results in the award of a contract, award of a grant, award or the approval of a land development order or conveyance of property disclose the names of lobbyists, as that term is defined in this ordinance, who have contacted the 411 of 423 City Commissioner to advocate on behalf of a person or entity seeking a contract, grant award, land development order or conveyance of property. Sec. 2-231 Definitions. (a) Unless expressly provided herein to the contrary, for purposes of this Ordinance, the following definitions will apply: “Commission” (1) will mean the City Commission of the City of Boynton Beach, Florida when acting as a collegial body. “City Commissioner” (2) will mean any member of the City Commission of the City of Boynton Beach, Florida. Lobbying” (3) “ shall mean seeking to influence a decision through oral or written communication or an attempt to obtain the goodwill of any City Commissioner with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to the City Commission regarding: a. The award of a contract. b. The award of a grant. c. The approval of a Development Order. d. The acquisition or conveyance of an interest in real property. Lobbyist” (4) “ shall mean any person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying on behalf of a principal, and shall include an employee whose principal responsibility to the employer is overseeing the employer's various relationships with government or representing the employer in its contacts with government. "Lobbyist" shall not include: Formatted: Font: Bold, Not Italic a. Any employee, contract employee, or independent contractor of a governmental agency or entity lobbying on behalf of that agency or entity, any elected local official when the Formatted: Line spacing: Double official is lobbying on behalf of the governmental agency or entity which the official serves, or 412 of 423 Formatted: Font: Bold, Not Italic Formatted: Indent: First line: 0.5", Line spacing: Double Formatted: Font: Bold, Not Italic Formatted: Indent: Left: 0.5", First line: 0.5", Line spacing: Double any member of the official's staff when such staff member is lobbying on an occasional basis on behalf of the governmental agency or entity by which the staff member is employed. b. Any person who is retained or employed for the purpose of representing an employer, principal or client only during a publicly noticed quasi-judicial hearing or comprehensive plan hearing, provided the person identifies the employer, principal or client at the hearing. c. Any expert witness who is retained or employed by an employer, principal or client to provide only scientific, technical or other specialized information provided in agenda materials or testimony only in public hearings, so long as the expert identifies the employer, principal or client at the hearing. d. Any person who lobbies only in his or her individual capacity for the purpose of self-representation or representation of a not for profit organization and without compensation. e. Any employee, contract employee, or independent contractor of the Palm Beach County League of Cities, Inc., lobbying on behalf of that entity.. “Principal” (5) shall mean the person or entity a Lobbyist represents for the purpose of Lobbying. The term encompasses all officers, directors, employees, and agents of the entity. Sec. 2-232 Registration Required. All Lobbyists shall register with City Clerk no later than the end of the business next following the first communication with a City Commission. Every Lobbyist shall submit a form prepared by the City Administration and shall state his or her name, address, the name and address of each Principal represented, the general and specific areas of legislative interest, and the nature and extent of any direct business association or partnership with any current City Commissioner. Sec. 2-233 Registration Exceptions. (a) Registration shall not be required for the following: 413 of 423 Formatted: Indent: Left: 0.5", First line: 0.5" (1) City Commissioners, Advisory Board members or Employees discussion matters relevant to their official duties; (2) Persons under contract with the City who communicate with City Commissioners regarding matters related to their current contract, (3) Advisory Board members or Employees regarding issues related only to the performance of their services under their contract; (4) Representative of not for profit organizations. (5) Any Person who is a party before the Commission or Advisory Board in a quasi-judicial proceeding. Sec. 2-234 Disclosure prior to vote . (a) Prior to the City Commission vote on: (1) The award of a contract. (2) The award of a grant. (3) The approval of a Development Order. (4) The acquisition or conveyance of an interest in real property. each member of the City Commission shall disclose whether he or she has been contacted by a Lobbyist or a Principal with respect to the matter coming forward on the agenda for consideration. (b) Prior to the vote on: (1) The award of a contract. (2) The award of a grant. (3) The approval of a Development Order. (4) The acquisition or conveyance of an interest in real property. any person or entity which is under consideration for any contract award, grant award, or conveyance of property or Development Order must file a written disclosure of all communications made by any Principal or Lobbyist to any member of the City Commission. Failure to file such disclosure shall 414 of 423 disqualify the person or entity from receiving the contract, grant, Development Order or conveyance of property. Sec. 2-235 Disclosures not Required Members of the City Commission are not required to disclose communications with citizens, constituents, or other interested parties who communicate with Commissioners with respect to matters coming before the Commission for discussion or action, provided the citizen, constituent, or other interested party is not being compensated, directly or indirectly, by a Principal or Lobbyist. Sec. 2-236 Inclusion in City Procurement Regulations The City Administration is directed to included the provisions of this ordinance in the City’s procurement regulations Sec. 2-237 Inclusion in Notices involving competitive selection The City Administration is directed to include notice the provisions of this ordinance in all notices when competitive selection or ward will occur and on applications for land development orders or approvals. Sec. __2-238__ Cone of Silence. (a) “Cone of Silence” means a prohibition on any communication, except for written correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other competitive solicitation between: (1). Any Principal or Person’s representative seeking an award from such competitive solicitation, and (2) Any City Commissioner or Commissioner’s staff, or any Employee authorized to act on behalf of the Commission to award a particular contract. (b) For the purposes of this Section, a Person’s representative shall include but not be limited to the Person’s employee, partner, officer, director, consultant, Lobbyist, or any actual or potential subcontractor or consultant of the Person. 415 of 423 Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" (c) The Cone of Silence shall be in effect as of the deadline to submit the proposal bid, or other response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid, or any other competitive solicitation shall provide notice of Cone of Silence requirements and refer to this Ordinance. (d) The provisions of this Ordinance shall not apply to oral communications at any public proceeding. Further, the Cone of Silence shall not apply to communications with City Staff or contract negotiations. (e) The Cone of Silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the City of Boynton Beach Purchasing Policies. (f) The Cone of Silence shall terminate at the time the City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Sec. 2-239___Violations and Penalties. (a) Violations of the registration and disclosure requirements of this ordinance or per se violations of the City’s procurement regulations. (b) Failure of a lobbyist to register with the City Clerk prior to the vote on the award of a contract, award of a grant, approval of a Development Order, or City acquisition or conveyance of an interest in real property shall result in disqualification of the Lobbyist’s Principal from the award, approval, acquisition or conveyance matter pending before the City Commission. (c) When it is determined that undisclosed lobbying activity occurred after the award of a contract, award of a grant, approval of a Development Order, or City acquisition or conveyance of an interest in real property, the contract, award, approval, acquisition, or conveyance shall be voidable by the City Commission. The City Commission shall have sole authority to void prior Commission action and may only do so following no less than ten (10) days notice to the person or entity whose interest may be void and a quasi-judicial public hearing during which the person or entity is afforded an opportunity to address the Commission. 416 of 423 (d) Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance shall be forwarded to the Palm Beach County Commission on Ethics and the Office of the Inspector General to investigate (at their respective discretion) and determine if any violation of the County ethics or procurement standards have occurred, and what corrective action or enforcement shall be taken. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective on passage. FIRST READING this ________ day of __________________, 2011. SECOND, FINAL READING AND PASSAGE this _____day of _______________, 2011. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Marlene Ross ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk 417 of 423 (Corporate Seal) 418 of 423 14. A FUTURE AGENDA ITEMS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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:Request to consider amendment to City Code regarding EQUESTED CTION BY ITY OMMISSION temporary banners to allow "feather" banners. 11/01/11 ER: The City Commission previously reviewed this item on July 5th, XPLANATION OF EQUEST and acted to support the modification of the City's sign regulations to allow "feather-style" banners in addition to the static banner that is currently allowed by the LDR for temporary display purposes. The Commission directed staff to return with an ordinance containing the corresponding amendments to accommodate said temporary signs, including provisions or standards that address maximum size and the anticipated locational and quantity issues. Staff is also to prepare to implement administrative processes that resolve the anticipated processing and monitoring challenges. Staff currently plans to place this item on the Commission's November 1st agenda. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: An increase in demand for zoning permits is anticipated but the magnitude of ISCAL MPACT increase is difficult to estimate. A: Approve code amendments ultimately to be presented by staff or modify as LTERNATIVES necessary. 419 of 423 14. B FUTURE AGENDA ITEMS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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:Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - 11/01/11 ER: Development staff will provide draft ordinance revisions for XPLANATION OF EQUEST consideration by the City Commission regarding restrictions for vehicle size in residential districts. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 420 of 423 14. C FUTURE AGENDA ITEMS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 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:CIP Utility Fund Report - 11/01/11 EQUESTED CTION BY ITY OMMISSION ER: At the October 4, 2011 City Commission meeting, staff was XPLANATION OF EQUEST directed to bring back to Commission a report on the Utilities CIP Fund Balance. This report st will be on the November 1 meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 421 of 423 14. D FUTURE AGENDA ITEMS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Review three (3) alternate proposals for leasing, EQUESTED CTION BY ITY OMMISSION construction and maintenance of a billboard on property owned by the City - 11/15/11 ER: Pursuant to the Settlement Agreement dated October 5, 2001, XPLANATION OF EQUEST Wilton Manors Street Systems, Inc. will be presenting three (3) alternate proposals to the City in regards to the leasing, construction and maintenance of a billboard they want to erect on the th City owned property known as Rolling Green located at 515 NW 15 Ave., Boynton Beach, FL. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 422 of 423 14. E FUTURE AGENDA ITEMS October 18, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 18, 2011 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC:Review process and timeline for the sale of City owned EQUESTED CTION BY ITY OMMISSION real property - three sites - 11/15/11 ER: At the October 4, 2011 City Commission meeting the City XPLANATION OF EQUEST Commission directed staff to list three parcels of city owned land for sale: High Ridge Site, Fire Station #2 site and Leisureville site. Staff will prepare a process timeline and cost estimate of the process and present to the Commission at the November 15, 2011 Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 423 of 423