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