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Agenda 01-15-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JANUARY 15, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II Gerald “Jerry” Taylor Commissioner – District I Steven Holzman Commissioner – District III Wayne Segal Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 634 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of TAPAS & TALK Community Outreach meeting and the COM FAM TOUR Economic Development event B. Announcement of the International Kinetic Art Exhibit and Symposium being held February 8 - 10, 2013 in the Boynton Beach Downtown Civic-Cultural District C. Announcement of the Great Barrier-Free 5K Run on Saturday, February 9, 2013 at 7:30 a.m. at Congress Ave. Barrier Free Park D. Announcement of the Ocean Avenue Concert for Friday, January 18, 2013 E. Announcement of the Movies on the Ave film for February 1, 2013 F. Announcement of Sunday in the Park, Sunday, February 3, 2013 G. Proclaim January 21, 2013 as the commemoration of Martin Luther King, Jr. Day. Mr. Mike Norwood will be receiving the proclamation on behalf of the MLK Celebration Committee 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE 3 of 634 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 1 regular and 1 alternate Planning & Development Board: 1 regular and 2 alternates Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Veterans Commission: 2 alternates 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve release of the performance bond #105461698 TR#7899 in the amount of $125,000.00 as a result of satisfying the condition of approval involving the completion of a traffic study and future improvements to Federal Highway in association with the Walmart project, if deemed necessary by the City Engineer B. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the two (2) month period ended November 30, 2012 C. PROPOSED RESOLUTION NO. R13-001 - Approve the Interlocal Agreement between the City of Boynton Beach and Palm Beach County that authorizes Palm Beach County to design, perform, and manage channel dredging at Oyer Park on behalf of the City D. Approve amendment to reduce the number of grants and increase funding for the Commercial Rent Subsidy and Commercial Interior Build-Out Assistance Programs E. Approve Status Change from Part-Time to Full-Time for Risk Assistant in Risk Management Department. F. Accept the resignation of Robert Bucella, a regular member of the Code Compliance Board G. Accept the resignation of Gerald Taylor, a regular member of the Golf Course Advisory Committee 4 of 634 H. Accept the resignation of Terry Lonergan, a regular member of the Financial Advisory Committee I. Accept the resignation of Harry "Dale" Hatch, a regular member of the Cemetery Board J. Approve the minutes from the Special City Commission meeting on December 11, 2012, the Regular City Commission meeting held on December 18, 2012 and the Special City Commission meeting held on January 8, 2013 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R13-002 - Accept a FEMA SAFER Grant award in the amount of $967,281 for Grant #EMW-2012-FH-00363 with no required City matching funds and authorize the expenditure of the entire program amount of $967,281 for the hiring of 7 probationary Firefighters for a period of 2 years. This would return the 7 firefighter positions that were eliminated during the FY10/11 and FY11/12 budget process. B. PROPOSED RESOLUTION NO. R13-003 - Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the Reclaimed Water Main to Galaxy Elementary School project, Bid No. 011-2821-13/DJL in the amount of $155,642 plus a 10% contingency of $15,564 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $171,206. C. PROPOSED RESOLUTION NO. R13-004 - Approve the purchase of new replacement vehicles as approved in the FY 2012/13 budget in the estimated amount of $3,028,973 and to approve 5 units in the estimated amount of $160,324 for an estimated total of $3,189,297, by utilizing the following contracts; State of Florida Contract #01-071-000-C, State of Florida Contract #760-000-10-1, City of Venice, FL ITB #2954-12-2013, Florida Sheriffs Association Contract #12-10-0905, Florida Sheriffs Association Contract #11- 10-1202, and Florida Sheriffs Association Contract #12-20-0905. D. Award the "TWO-YEAR BID FOR DUMPSTER REPAIRS", Bid #018-2515- 13/JMA to IES Sales and Service, LLC of Opalocka, Florida for a two (2) year period to be utilized on an "AS NEEDED BASIS" with an estimated expenditure of $140,000 for the two year period. Bid provides for two (2), one (1) year extensions. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 5 of 634 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 13-001 - FIRST READING - Approve the historic designation application for the Boynton High School located at 125 East Ocean Avenue, Boynton Beach B. PROPOSED RESOLUTION NO. R13-005 - Approve amendment to the Neighborhood Stabilization Program 3 (NSP3) to expand target areas and revise financing mechanism for Ocean Breeze subdivision 10. CITY MANAGER’S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discuss the Mayors Against Illegal Guns Letter 13. LEGAL A. PROPOSED ORDINANCE NO. 12-025 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Sophie Amichai House located at 229 SW 1st Avenue, Boynton Beach. B. PROPOSED ORDINANCE NO. 12-026 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Oscar Magnuson House located at 211 East Ocean Avenue, Boynton Beach. C. Commission policy guidance regarding prosecution or dismissal of City cross claims when main foreclosure action is dismissed. D. Approval of ordinances amending Charter consistent with previous Commission direction: TABLED ON DECEMBER 18, 2012 PROPOSED ORDINANCE NO. 12-020 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this 6 of 634 Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12-021 - SECOND READING - PUBLIC MEETING - Amending the Charter to allow a City Commissioner to retain office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12-022 - SECOND READING - PUBLIC HEARING - Amendments to current City Charter Section 19 regarding term limits; increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12-023 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non-substantive language, correction of grammatical and punctuation errors, deletion of provisions which are superseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. E. PROPOSED ORDINANCE NO. 13-002 - FIRST READING - Amending Sections 17 and 139 of the Charter consistent with Commission direction 14. FUTURE AGENDA ITEMS A. Old High School Development Agreement - 02/05/13 B. Hear update from Christ Fellowship Church regarding their move into Boynton Beach Mall - 02/05/13 C. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD D. Report from Police Department on City-wide crime statistics - 02/05/13 7 of 634 E. Seaborne Cove Development traffic update - 02/05/13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY- FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 8 of 634 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of TAPAS & TALK Community EQUESTED CTION BY ITY OMMISSION Outreach meeting and the COM FAM TOUR Economic Development event ER: TAPAS & TALK is Part II of the Community Outreach Series XPLANATION OF EQUEST to “Build a Better Boynton” collaboratively presented by the City of Boynton Beach (COBB), the Community Redevelopment Agency (CRA) and the Greater Boynton Beach Chamber of Commerce (GBBCC) to educate the public about the great things happening in Boynton Beach and to open a public dialogue for ideas and suggestions for building a brighter future for our residents. The event will be held on Wednesday, January 30, 2013 from 6:00 pm to 8 pm at the City Library Program Room. The COM FAM TOUR is joint effort of the CRA, City, Chamber, PBC Business Development Board (BDB), PBC Dept. of Economic Sustainability and FPL to introduce commercial real estate brokers to re-investment opportunities and developable sites in the Greater Boynton Beach area. The team will present a workshop in the morning identifying the availability of incentives from each of these organizations and how they can be leveraged and stacked. After the workshop the attendees will be taken on a bus tour of all available sites and recently redeveloped sites. The tour extends to 441 in Boynton. FPL and Iberia Bank are sponsoring the event. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 9 of 634 10 of 634 11 of 634 12 of 634 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the International Kinetic Art EQUESTED CTION BY ITY OMMISSION Exhibit and Symposium being held February 8 - 10, 2013 in the Boynton Beach Downtown Civic- Cultural District ER: The International Kinetic Art Exhibit and Symposium is a XPLANATION OF EQUEST one-of-a-kind event celebrating Art in Motion. th The event will kick-off on Friday, February 8 with an opening reception sponsored by the Cultural Council of Palm Beach County and the Schoolhouse Children’s Museum and Learning Center. th Saturday, February 9 there will be a vendor and indoor art exhibit from 9:00 a.m. to 6:00 p.m. at the City Library and Civic Center as well as outdoor exhibits along the Civic Cultural District Walking Loop. There will be several youth activity workshops, a History of Kinetic Art presentation and presentations with a panel discussion by Kinetic Artists, Architect, Scientists, Educators and Engineers on how kinetic art improves technology, is incorporated in many of our daily activities and triggers innovation and new technologies. th On Sunday, February 10 the vendor and indoor art exhibit continues and the youth kinetic art from the previous day workshops will be on display. The City Hall Chambers will host “The Learning Experience” which demonstrates how Kinetic Art fuels creativity and cross curriculum learning to deliver new technological advancements. The event wraps up with the Kinetic Art Organization International Competition Awards presentation in the City Hall Chambers. 13 of 634 To learn more about the event log on to www.IntlKineticArtEvent.org for dates, times and locations. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 14 of 634 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the Great Barrier-Free 5K Run EQUESTED CTION BY ITY OMMISSION on Saturday, February 9, 2013 at 7:30 a.m. at Congress Ave. Barrier Free Park ER: The Realtors Association of the Palm Beaches are XPLANATION OF EQUEST sponsoring the Great Barrier-Free 5K Run along with co-sponsors the Greater Boynton Beach Chamber of Commerce, the City of Boynton Beach, Hunter’s Run Development and Iberia Bank to benefit the Greater Boynton Beach Foundation in raising money to complete the Congress Ave. Barrier Free Park at 3111 Congress Ave, Boynton Beach. To learn more about the event visit www.boyntonbeachfoundation.org. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 15 of 634 16 of 634 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the Ocean Avenue Concert for EQUESTED CTION BY ITY OMMISSION Friday, January 18, 2013 ER: On Friday, January 18, 2013, the Boynton Beach CRA will XPLANATION OF EQUEST present an Ocean Avenue Concert, featuring Jimmy Stowe and the Stowaways performing “American Pop with a Tropical Twist”. This FREE concert will take place from 7:00 to 9:00 PM at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean PM Avenue just east of Seacrest. Local downtown restaurants will have food and drinks available for purchase. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 17 of 634 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of the Movies on the Ave film for EQUESTED CTION BY ITY OMMISSION February 1, 2013 ER: On Friday, February 1, 2013, the Boynton Beach CRA and the XPLANATION OF EQUEST THE ODD City of Boynton Beach will present a Movies on the Ave film screening, featuring LIFE OF TIMOTHY GREEN PG starring Jennifer Garner. This FREE event will take place from 7:00 to 9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s PM PM Museum on Ocean Avenue just east of Seacrest. Food and drinks will be available for purchase. Please bring your folding chairs or blankets. Parking onsite, no pets please H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 18 of 634 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement of Sunday in the Park, Sunday, EQUESTED CTION BY ITY OMMISSION February 3, 2013 ER: On Sunday, February 3, 2013, the Boynton Beach CRA presents XPLANATION OF EQUEST the Sunday in the Park Series featuring a live musical performance. This FREE event will take th place at Ocean Avenue Park on the NE corner of E. Ocean Avenue and NE 4 Street. Have Brunch or Lunch at Hurricane Alley or The Little House and enjoy the live music from 12:00 p.m. to 3:00 p.m. Bring your folding chairs or blankets to sit at the park. Ample FREE parking onsite. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Budgeted in line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 19 of 634 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim January 21, 2013 as the commemoration EQUESTED CTION BY ITY OMMISSION of Martin Luther King, Jr. Day. Mr. Mike Norwood will be receiving the proclamation on behalf of the MLK Celebration Committee ER: In 1986 the third Monday of January was established as a XPLANATION OF EQUEST national holiday honoring the life of Dr. Martin Luther King, Jr. This year, Monday, th January 21, 2013 will be observed as the 27 celebration of Dr. King’s Birthday. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 20 of 634 P R O C L A M A T I O N WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 21, 2013 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 15th day of January, Two Thousand and Thirteen. ________________________________ Woodrow L. Hay, Mayor City of Boynton Beach ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 21 of 634 5. A ADMINISTRATIVE January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 1 regular and 1 alternate Planning & Development Board: 1 regular and 2 alternates Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Veterans Commission: 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT 22 of 634 A: Allow vacancies to remain unfilled. LTERNATIVES 23 of 634 24 of 634 25 of 634 26 of 634 27 of 634 28 of 634 29 of 634 30 of 634 31 of 634 32 of 634 33 of 634 34 of 634 35 of 634 36 of 634 37 of 634 38 of 634 39 of 634 6. A CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve release of the performance bond EQUESTED CTION BY ITY OMMISSION #105461698 TR#7899 in the amount of $125,000.00 as a result of satisfying the condition of approval involving the completion of a traffic study and future improvements to Federal Highway in association with the Walmart project, if deemed necessary by the City Engineer ER: The Public Works Department Engineering Division XPLANATION OF EQUEST requests approval of the release of the performance bond #105461698 TR#7899 in the amount of $125,000 for the completion of a traffic sudy and future improvements to Federal Highway in association with the Walmart project, if deemed necessary by the City Engineer. Wal-Mart Stores East, LP dba Store 5911 submitted a performance bond in the  amount of $125,000.00 to ensure the completion of a traffic study, design and permitting, and construction of improvements to the north bound left turn lane on Federal Highway in association with the Walmart project, if deemed necessary by the City Engineer. The Engineer of Record, Kimely Horn & Associates, Inc. has reviewed the existing  conditions and finds no warrant for the study and/or improvements. The Public Works Engineering Division has found that no further action is warranted  and the bond should be released. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 40 of 634 41 of 634 42 of 634 TO: Jeff Livergood, Director of Public Works & Engineering FROM: Andrew P. Mack, P.E., LEED AP, Building Official/City Engineer th DATE: December 11, 2012 SUBJECT: Walmart Performance Bond: #105461698 TR#7899 Amount: $125,000.00 Based on observed field conditions and the traffic counts provided by Kimely Horn & Associates, Inc. it is my opinion the requirements of the performance bond have been satisfied and no further action is required. Hence I will have this item placed on the next available City Commission meeting agenda for release. If you have any questions or concerns please contact me in the Engineering Divisions at 561.742.6366. Thank you. xc: File 43 of 634 44 of 634 45 of 634 46 of 634 47 of 634 48 of 634 City of Boynton Beach Public Works Department Engineering Division Andrew P. Mack, P.E. 561.742.6982 Office TART REVIEW FORM July 28, 2010 WAL-MART (MSPM 10-047) Following is a list of items that do not conform to the City of Boynton Beach Code of Ordinances, Division Standards, or other governmental regulations. 1. One year after issuance of a certificate of occupancy for the Walmart a traffic study will be required to re-analyze the entire intersection of Gulfstream Boulevard and US-1 if deemed necessary by the City Engineer based on observed deficiencies or traffic volumes greater than anticipated. In particular the study should focus on the need to extend the existing NBL turn lane storage length onto Gulfstream Boulevard from US-1. If traffic study is not deemed necessary by the City Engineer the surety will be released by the City. 2. Prior to issuance of a building permit a surety in a format acceptable to the City will be required to be posted to cover the cost of the traffic study, costs of the design and permitting, and the construction costs of the extension of the NBL turn lane on US-1 to maximize the storage. The amount of the surety will be based on the engineer of record’s estimate of the cost for the aforementioned items. 3. If warranted by the study the extension of the NBL turn lane length to maximize the storage will be constructed immediately following approval of plans and permits by the City and FDOT. If traffic study is conducted and the improvements are not warranted the surety will be released, upon acceptance of the traffic study by the City. Recommendations: NONE ALL RESUBMITTALS MUST HAVE AN ITEMIZED RESPONSE IN LETTER FORMAT ACCOMPANIES WITH THE PLANS. xc: File S:\Engineering\Mack\P & Z Memos - TART\Wal-Mart MMSP 10-047.doc 49 of 634 6. B CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2012 -13 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the two (2) month period ended November 30, 2012 Explanation of Request : This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the two (2) month period ended November 30, 2012 (17% of the fiscal year). The analysis compares  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 50 of 634 GENERAL FUND FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 68,822$ 7,29611%$ 65,142$ 10,414 16%6%-30% Expenditures$ (68,822)$ (19,858) 29%$ (65,142)$ (17,959)28%6%11% Excess (Deficit)$ - $ (12,562) $ -$ (7,545) Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M General Fund budget estimate for FY 2012. Transfers from other funds (non-revenues) provide $16.6 M or 25% of the total funding sources to balance our $68.8 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 28.6 M – All other revenues plus General Fund Balance 3._25% - $ 16.6 M – Transfers from other funds 100% - $ 68.8 M – Total funding sources The property tax rate for FY 2013 was increased from 7.1941 mills to 7.6000 mills representing a 5.6% increase; the net property taxes of $27.0 M in FY 2013 were increased by $775 K from a total of $26.3 M in FY 2012. To balance the budget in FY 2012, it required transfers from other funds of $16.6 M representing 25% of all funding sources. Actual Funding Sources Realized: For the second month in FY 2013, revenues and transfers realized are $ 7.3 M or 11% of the budget estimate compared to $10.4M or 16% realized to date in FY 2012. Property Taxes : To date, as noted on Exhibit A, no property taxes have been received. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $.8 M or 19% actual collected compared to $.9 M or 20% in FY 2012. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2013, $1.2 M or 88% has been collected which is almost equivalent to the FY 2012 amount. State Shared revenues 3. of $1.0 M have been collected in FY2013 which is the same for FY 2012. Public Safety revenues 4. at this point collected are $213K or 6% compared to $306 K or 8% for FY 2012. 51 of 634 Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 5.7% from $65.1 M to $68.8 M. The increase impacted all departments due to increased pension and health care cost. Actual Expenditures – General Fund expenditures for the second month period ending November 30 (17% of the fiscal year) are $ 19.8 M that is 29% of the $68.8 M expenditure appropriation for FY 2013. The table at the top of Exhibit B displays actual expenditures of $ 19.8 M or 29% of the FY 2013 budget. At 29%, we are ahead of spending levels compared to the $17.9 M or 28% actual spending levels in FY 2012 for this same period. This is due to the increase in the City’s pension obligation for FY 2013. UTILITY FUND The FY 2013 annual expenditure budget of $36.7 M represents a $.7 M decrease from the FY 2012 budget of $37.4 M. The operational forecast may yield an estimated $2.2 M fund balance increase for the year based on the budget. For the second month in FY 2013,  Revenues realized are $ 6.1 M (17%) of the annual budget estimate.  Expenditures incurred are $7.1 M (19%) of the annual appropriated budget. This results in a shortfall of expenditures over revenues of $ 1.0 M. FY 2012-13FY 2011-12FY 2013 vs. 2012 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 36,758$ 6,06717%$ 37,397$ 6,113 16%-2%-1% Expenditures$ (36,758)$ (7,110) 19%$ (37,397)$ (5,772)15%-2%23% Excess (Deficit)$ -$ (1,043) $ -$ 341 The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $ 6.1 M in FY 2013 actual revenues and fund balance increase are on target similarity to the $ 6.1 M to date in FY 2012, because of two factors:  Water Sales - $ 3.0 M equivalent to 17% of the annual estimate, compared to 52 of 634 $2.9 M (16%) at this point in FY2012.  In FY 2012, $ 2.2 M is being recognized as an added increase to fund balance, compared to an added increase of $ 1.7 M in FY2012. These factors should provide for adequate bond debt service coverage. Expenditures (Exhibit D) – Utility Fund FY2013 expenditures to date are $ 7.1 M or 19% of the annual appropriation compared to expenditures of $ 5.7 M or 15% for the prior fiscal year. The increase is due to a budgeted transfer to the Utility Renewal/Replacement capital fund and the increase in the City’s pension obligation that is attributable to the Utility Fund. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 53 of 634 54 of 634 55 of 634 56 of 634 57 of 634 6. C CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-001 - EQUESTED CTION BY ITY OMMISSION Approve the Interlocal Agreement between the City of Boynton Beach and Palm Beach County that authorizes Palm Beach County to design, perform, and manage channel dredging at Oyer Park on behalf of the City ER: In 2007, the City of Boynton Beach and Palm Beach County XPLANATION OF EQUEST entered into an interlocal agreement (R06-199 attached) that provided for County administration and oversight of dredging the channel at Boat Club Park, now Oyer Park. This work was necessary in order to eliminate siltation in the channel and to allow continued recreational boating from the boat ramps to the Intracoastal Waterway. As would be expected, over time the channel from the boat ramps to the Intracoastal Waterway/Boynton Inlet is again becoming full of silt making navigation difficult, particularly for larger boats during periods of low tide. Fortunately, the County is again planning its own project to remove sand/silt from the Ocean Park Inlet Sand Trap and other portions of the Intracoastal Waterway. Last year the County offered its services to manage the City’s channel dredging project and funds were placed in the FY 2012/13 CIP to support this work in the estimated amount of $50,000 and denoted this as project number CP0711. This cost estimate was prepared prior to completing bathymetric surveys of the subsurface conditions. Furthermore, new regulations are in place causing more costly relocation of the dredged material to Half Moon Bay via barge. County staff has completed the design and is now evaluating bids for County construction award. The current estimated City project cost is $93,000. However, based upon preliminary bid evaluation, the proposed Interlocal Agreement contemplates 58 of 634 a maximum City expense of $113,000 to remove approximately 5,330 cubic yards of sand from the City’s access channel. This maximum expense was created to accommodate any unknowns or changed conditions during the course of the work as well as pay for County project administration. The City dredging component of the larger County project would most certainly cost far more had the City proceeded with a stand alone project. H? The access channel at Oyer Park OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES is critical to continued access to the Intracoastal Waterway by recreational boaters in Palm Beach County. FI: Staff recognizes that the City share of this project far exceeds the ISCAL MPACT budget amount of $50,000. However, staff also realizes that this work will serve recreational boating access to the Intracoastal Waterway for all County residents and not just those boaters who reside within Boynton Beach. As such, City Recreation Staff contacted Palm Beach County Parks and Recreation staff to seek County funding to supplement our local cost share of $50,000. The City received a positive response from County staff who have identified bond proceeds specifically associated with waterway access and could be allocated to this project. The City sent a formal request for funding to Commissioner Abrams in this regard asking for up to $70,000 in County funds to supplement the City expense of $50,000. These supplemental funds will be forthcoming in the next two months following Board of County Commissioners action. Source of funds: $50,000 was budgeted for this project in the FY12/13 CIP budget under project CP0711, account 302-4108-580-49-17. Up to $70,000 of County funds will be allocated to the City prior to the City’s total expenditure according to the ILA contemplated in this agenda item. This expenditure account will be exceeded but the additional County revenues will offset the added expense yielding a budget neutral transaction. A: Do not dredge the channel thereby restricting use of the boat ramps at LTERNATIVES Oyer Park. 59 of 634 RESOLUTION R13-001 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH AUTHORIZING PALM BEACH COUNTY TO DESIGN, PERFORM AND MANAGE CHANNEL DREDGING AT OYER PARK ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2007 the City of Boynton Beach and Palm Beach County entered into an Interlocal Agreement that provided for County administration and oversight of dredging the channel at Boat Club Park, which is now known as Oyer Park; and WHEREAS, over time, the channel from the boat ramps to the Intracoastal Waterway/Boynton Inlet is again becoming full of silt making navigation difficult; and WHEREAS, Palm Beach County is planning its own project to remove sand/silt from the Ocean Park Inlet Sand Trap and other portions of the Intracoastal Waterway; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the Mayor and City Clerk to execute the Interlocal Agreement with Palm Beach County for the County to design, perform and manage channel dredging at Oyer Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and 60 of 634 authorizes the Mayor and City Clerk to execute the Interlocal Agreement with Palm Beach County for the County to design, perform and manage channel dredging at Oyer Park, a copy of said Agreement is attached hereto and made a part here as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2013. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Woodrow L. Hay _____________________________ Vice Mayor – Mack McCray _____________________________ Commissioner – Jerry Taylor _____________________________ Commissioner – Steven Holzman _____________________________ Commissioner – Wayne Segal ATTEST: _________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 61 of 634 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into on this day of , 2013, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (the “COUNTY”) and the CITY OF BOYNTON BEACH, a municipal corporation in the State of Florida, (the “CITY”), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes, and both being hereinafter referred to collectively as the “parties”. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners is empowered to establish and administer programs of beach erosion control and to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity’s authorized functions; and WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to exercise any governmental, corporate, and proprietary power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the COUNTY is planning to perform maintenance dredging of the South Lake Worth Inlet Sand Trap (the “Trap”) and the South Lake Worth Inlet Intracoastal Waterway (“ICW”); and WHEREAS, the CITY wishes to have maintenance dredging performed within the Boynton Beach Boat Club Park Navigation Access Channel (“Access Channel”), which is located in the vicinity of the Trap and ICW, and to have beach compatible sand discharged via pipeline below mean low water (MLW) offshore of Ocean Hammock Park and any non-beach compatible material mechanically dredged and disposed of in the Half Moon Bay Hole site via barge (hereinafter referred to as the “PROJECT”); and WHEREAS, the CITY has expressed an interest in utilizing COUNTY staff for permitting and management as well as the COUNTY’s construction contract for performing maintenance dredging, and the COUNTY is agreeable to including the CITY’s PROJECT as part of its project to dredge the Trap and ICW; and 62 of 634 WHEREAS, on January 9, 2007 the COUNTY and the CITY entered into an interlocal agreement to dredge the Access Channel, and that agreement expired on January 8, 2010; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct and incorporated herein. 2. Purpose of the Agreement. The purpose of this Agreement is to set forth the terms, conditions and obligations of each of the respective parties with respect to the PROJECT. 3. The PROJECT. The PROJECT consists of maintenance dredging of approximately 5,330 cubic yards of sand from the Access Channel, widening the eastern half of the Access Channel by 30 feet on the north side and 30 feet on the south side to -7.00 feet MLW, disposal of dredged beach compatible sand via pipeline below MLW offshore of Ocean Hammock Park, and disposal of any non-beach compatible material in the Half Moon Bay Hole site via barge, as more particularly described in the Scope of Work attached as Exhibit “A” and the location maps attached as Exhibits “B” and “C”. 4. Term. The term of this Agreement shall be from the date of execution by both parties through November 30, 2014, unless earlier terminated as provided herein. Notwithstanding the foregoing, work conducted on this PROJECT by the County and its consultants/contractors beginning on or after April 1, 2011 shall be eligible for reimbursement by the CITY. This Agreement may be extended if agreed to in writing by the parties. 5. COUNTY Obligations. The COUNTY shall be responsible for management, engineering, permitting, design, construction, and monitoring of the PROJECT. The COUNTY will complete the PROJECT in conjunction with its project to dredge the Trap and ICW. A. The COUNTY shall submit invoices for payment to the CITY not more frequently than quarterly, but at least annually. The COUNTY shall submit invoices to the CITY that include a reference to this Agreement, identify the PROJECT, identify the tasks performed, and identify the amount due and payable to the COUNTY. Invoices shall be in sufficient detail for pre-audit and post-audit review. B. The COUNTY shall maintain adequate records to justify all charges, expenses and costs represented by the invoice amounts for at least five (5) years after completion of the PROJECT or termination of the Agreement, whichever occurs last. The COUNTY shall afford the CITY access to all books, records, and documents related to the PROJECT as required in this paragraph for purposes of inspection or audit during normal business hours. C. The COUNTY has submitted a request for and received funding assistance in 63 of 634 order to offset the costs to complete the PROJECT and will provide a copy of the funding assistance contract to the CITY. The COUNTY will notify the CITY of the extent to which such funds reduce the CITY’s financial obligation to pay for the PROJECT. D. Upon request by the CITY, the COUNTY shall provide the CITY with copies of any scopes of work, contracts, permits, surveys, aerials, reports and studies including pre- and post-construction monitoring reports, bid tabulations, schedules, change orders, plans and specifications related to the PROJECT. To the greatest extent possible, the above documents shall be provided in digital format. E. If at any time it becomes apparent that the PROJECT COST will exceed $113,000, the County will immediately notify the CITY in writing. F. Notwithstanding any other provision herein, the COUNTY’s obligation to perform under this Agreement is contingent upon an appropriation for its purpose by its Board in its annual fiscal year budget during the term of this Agreement. 6. CITY Obligations. A. The CITY shall reimburse the COUNTY for all costs related to the PROJECT, which are estimated to be approximately $93,000 (“PROJECT COST”). B. The CITY agrees to pay the COUNTY for the following, which are included in the PROJECT COST: the cubic yard cost associated with dredging of the Access Channel and disposing of beach compatible dredged material via pipeline below MLW offshore of Ocean Hammock Park; the cubic yard cost associated with dredging of any non-beach compatible material and disposal via barge to the Half Moon Bay Hole site; all costs related to design, permitting, easements, bidding, project management (including overseeing mobilization, staging, dredging, disposal, turbidity monitoring, surveying and demobilization), seagrass monitoring and staff time based on a percentage of the total cubic yards of material dredged from the BBCC compared to the total cubic yards of material dredged from BBCC, the Trap and ICW combined; and bathymetric survey costs based on the percentage of BBCC-related line- miles surveyed compared to the total line-miles surveyed for BBCC, the Trap and the ICW combined. C. The CITY shall appropriate adequate funds to cover the PROJECT COST. D. Invoices received from the COUNTY and approved by the CITY shall be paid within thirty (30) days of receipt. All payments made to the COUNTY shall be by check made payable to the Palm Beach County Board of County Commissioners and shall be clearly marked to identify the PROJECT. Payments shall be submitted to the Palm Beach County Department of Environmental Resources Management at the address provided in paragraph 9. 64 of 634 B 8383 .dvl E. Notwithstanding any other provision herein, the CITY’s obligation to pay under this Agreement is contingent upon an appropriation for its purpose by its CITY Council in its annual fiscal year budget during the term of this Agreement. 7. Party Representatives. A. The COUNTY’s representative/contract monitor during the term of this Agreement shall be the Director of the Department of Environmental Resources Management whose telephone number is (561) 233-2400. B. The CITY’s representative/contract monitor during the term of this Agreement shall be the City Manager, whose telephone number is (561) 742- 6010. 8. Notices. All formal notices between the parties shall be hand delivered or sent by certified mail, return receipt requested, to the party’s Representative identified above in Section 8, at the below-cited address. All notices required by this upon receipt Agreement shall be considered delivered . A copy of all such notice shall also be sent to the following counsel by U.S. Mail. Palm Beach County City Manager Palm Beach County Attorney’s Environmental Resources City of Boynton Beach Office th Mgmt. 100 E. Boynton Beach 301 North Olive Avenue, 6 th 2300 North Jog Road, 4 floor Floor West Palm Beach, FL 33401 West Palm Beach, FL 33411-2743 Boynton Beach, FL 33435- 9. Default and Opportunity to Cure. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default. If the defaulting party fails to correct the default within this time, unless otherwise agreed by the parties, the party not in default may terminate the Agreement at the expiration of the thirty (30) day time period. 10. Delegation. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. 11. Recording. A copy of this Agreement shall be recorded and filed with the Clerk of the Circuit Court in and for Palm Beach County. 65 of 634 12. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or CITY. 13. Indemnification. Each party shall be liable for its own actions and negligence, and to the extent permitted under Section 768.28, Florida Statutes, the COUNTY shall indemnify, defend and hold harmless the CITY against any actions, claims, or damages arising out of the COUNTY’s negligence in connection with this Agreement, and the CITY shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out the CITY’s negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party’s negligent, willful or intentional acts or omissions. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 14. Insurance. Each party shall maintain a fully funded program of self-insurance pursuant to Section 768.28 Florida Statutes. 15. Equal Opportunity. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity, or gender expression be excluded from the benefits of, or be subjected to any form of discrimination under, any activity carried out by the performance of the Agreement. 16. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 17. Waiver of Breach. It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same of any other covenant. 18. Entirety of Agreement. The CITY and COUNTY agree that this Agreement, together with any attached exhibits, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms or obligations in the Agreement may be 66 of 634 added to, modified superseded, or otherwise altered, except by written instrument executed by the parties hereto. 19. Independent Contractor. Each party recognizes that it is an independent contractor and not an agent or servant of the other party. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker’s compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law, except through and against the entity by whom they are employed. 20. Enforcement Costs. Except as otherwise provided herein, any costs or expenses (including reasonable attorney’s fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties. This provision pertains only to the parties to the Agreement. 21. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 22. Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in drafting this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 23. Amendments. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 24. Palm Beach County Office of the Inspector General. Palm Beach County has Code, established the Office of the Inspector General in Palm Beach County Section 2-421 - 2-440 , as may be amended. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of any party contracting with the COUNTY and its officers, agents, employees and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2- 421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 67 of 634 68 of 634 IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the City of Boynton Beach has caused this Agreement to be signed in its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City Clerk, the date and year first above written. CITY OF BOYNTON BEACH, FLORIDA PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS. By: By: _____________________________ Woodrow Hays, Mayor Steven L. Abrams, Chairman ATTEST: ATTEST: Sharon R. Bock, Clerk and Comptroller By: By: _____________________________ City Clerk Deputy Clerk DATE: DATE: __________________________ Seal Seal APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY By: By: _____________________________ City Attorney Assistant County Attorney APPROVED AS TO TERMS AND CONDITIONS By: _____________________________ Robert Robbins, Director Environmental Resources Management 69 of 634 70 of 634 Maintenance Dredging at the Boynton Boat Club Channel Interlocal Agreement between Palm Beach County and the City of Boynton Beach Scope of Work I. Introduction The Management Plan for the South Lake Worth Inlet requires removal of accumulated sand from the interior sand trap (the “Trap”) as part of maintaining the down drift beaches and preventing sand from entering the inlet and settling in the navigation channel of the Intracoastal Waterway (“ICW”) and the Boynton Boat Club Channel (“BBCC”). The Trap, ICW, and BBCC were dredged in 2001-02 and again in 2008 under one Florida Department of Environmental Protection (“FDEP”) permit to make the most efficient use of resources. The current maintenance dredging Project Number 2012ERM04 (“PROJECT”) is scheduled to begin in early 2013. Palm Beach County intends to design, permit, advertise, bid, contract, manage, and monitor the BBCC dredging project in conjunction with dredging the Trap and ICW. II. Design The results of the 2010 and 2011 bathymetric and seagrass surveys of the Trap and BBCC have been used to design the PROJECT. During the 2008 Project, 4,480 cubic yards of material was dredged from the permitted template of the BBCC, and only the sand in the easternmost section of the BBCC was beach compatible. The permitted design of the BBCC dredge template includes widening the eastern half of the channel by sixty (60) feet, which required a modification to the legal description and the City’s submerged lands easement. Beach compatible sand hydraulically dredged from the BBCC will be transported via pipeline and placed below mean low water at Ocean Hammock Park. To avoid nearshore turbidity and water quality issues, the non-beach compatible material mechanically dredged from the BBCC will be transported by barge and discharged into Half Moon Bay Hole, a deep hole located in the Lake Worth Lagoon approximately 1.6 miles north of the BBCC. III. Permitting FDEP issued a 25-year maintenance dredging permit to the County on February 8, 2001, to conduct maintenance dredging at the Trap. A major modification to the permit was issued on November 16, 2012. IV. Bidding The County has advertised for competitive bids through an established, competitive, sealed-bid process. V. Construction/Project Management The County will oversee the mobilization, staging, dredging, disposal, turbidity monitoring, surveying, and demobilization of the PROJECT. The County shall receive daily progress reports and process invoices from the dredge contractor. VI. Monitoring A.Physical monitoring. The County will complete all necessary bathymetric surveys. 71 of 634 B.Environmental monitoring. The County will perform all necessary seagrass monitoring. VII. Staff Time County staff will manage the PROJECT, provide engineering services, and perform monitoring of the PROJECT. 72 of 634 73 of 634 74 of 634 75 of 634 76 of 634 77 of 634 78 of 634 79 of 634 80 of 634 81 of 634 82 of 634 83 of 634 84 of 634 85 of 634 86 of 634 87 of 634 6. D CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve amendment to reduce the number of EQUESTED CTION BY ITY OMMISSION grants and increase funding for the Commercial Rent Subsidy and Commercial Interior Build-Out Assistance Programs ER: On April 17, 2012, the City Commission approved R12- XPLANATION OF EQUEST 037(see attached) authorizing an allocation of $54,400 for commercial rent subsidy and commercial interior build-out assistance programs as grant funding opportunities for manufacturing, office and industrial uses located outside of the Community Redevelopment Agency area, as a pilot program to expand and stimulate economic development City-wide. These programs were selected as a best practice with a proven track record of success within the CRA. Funding allocations per award were adjusted downward slightly in order to maximize benefit opportunities with limited budget funding. However, during the pilot period, feedback from industrial and manufacturing companies has been that the grant award amounts are too small for the time required to compile the necessary documentation and tracking to qualify for award. Therefore, staff recommends adjusting the pilot program as follows; 1. Increase the award amount for the Interior Build-out Grant from $10,000 to $15,000 and reduce the number of grants available from four (4) to two (2); 2. Increase the award amount for the Rent Subsidy from $7,200 ($600 per month) to $12,000 ($1,000 per month), and reduce the number of grants from four (4) to two (2); 3. Remove the limitation of a single grant or subsidy award per applicant. 88 of 634 H? The City’s Economic Development OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES program places a strong emphasis on attraction of new businesses, as well as the retention and expansion of existing businesses, and stresses the important role small business adds to the economic diversification of the City’s tax base. This program will allow small business owners and entrepreneurs targeting locations outside the CRA, the opportunity to establish or expand their business within the City. Based upon the number of initial inquiries for this grant program, staff is confident that we will be able to award the full allocation set aside of $54,400 within this fiscal year. FI: The $54,400 amount of funding for this program was moved from the ISCAL MPACT General Fund (001) to the Community Improvement Fund (122) per R12-037 in FY12. These funds remain available in the Community Improvement Fund (122) in FY13. This amount is separate form the current year allocation of $125,000 for Economic Development funded through CDBG. This amount constitutes funding for two (2) Interior Build-Out Grants at $15,000 each; two (2) one year rent subsidies, not to exceed $1,000 per month, $12,000 each; and $400 for grant marketing, evaluation, scoring and administration,. A: 1) Do not adjust the programs. LTERNATIVES 2) Increase or decrease funding allotment. 89 of 634 90 of 634 91 of 634 92 of 634 93 of 634 94 of 634 95 of 634 96 of 634 97 of 634 98 of 634 99 of 634 100 of 634 101 of 634 102 of 634 103 of 634 104 of 634 105 of 634 106 of 634 107 of 634 108 of 634 109 of 634 110 of 634 111 of 634 112 of 634 113 of 634 114 of 634 115 of 634 6. E CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve Status Change from Part-Time to Full- EQUESTED CTION BY ITY OMMISSION Time for Risk Assistant in Risk Management Department. ER: The Risk Management Department was reduced from four XPLANATION OF EQUEST to three staff in March 2011, with the transfer of administrative staff to the City Manager’s Office. That position was a full-time Insurance Claims Specialist (Grade 12). The man-hour resources reduction seriously impacted Department operations. The Department was authorized a part-time Risk Assistant (Grade 6) and the incumbent was hired in December 2011. The Risk Management Department was assigned the responsibility for the City’s Special Event Permit Program, from the Development Department in September 2012. This is a customer service oriented position. This program was assigned to the incumbent Risk Assistant (#3743), whose previous experience was in the hospitality industry. Hours have been tracked for the Risk Assistant and the time spent working with the permit applicants and department follow-up is averaging approximately 2.0 hours per day, or 8.0 hours per week. Risk Assistant incumbent has proven to be extremely adept at learning new tasks in an expeditious fashion. She has attended two all-day insurance and claims seminars which have expanded her knowledge base dramatically. She now serves as the assistant and back-up to the Claims Administrator handling workers’ compensation claims. Upon her status change, she will be tasked with taking the telephone call-in line for notices of employee injuries after hours and holidays as back-up to the Claims 116 of 634 Administrator. She also assists the Risk Manager in providing requested records for the City’s defense attorneys in liability claims, as well as managing the liability litigation files. The Department is currently going through renewals for the City’s insurance program. This includes our property insurance, which is separated into Municipal properties and Utilities properties, with coverage from different companies to reduce premium costs. The insurance companies have regularly increased the information required in the applications. This has resulted in additional man-hours spent by all Department staff and frequent requests to other departments. The current man-hour resources available in the Department are insufficient to conduct all Department regular business, insurance renewals and the Special Event Permit Program. It is recommended that by approving the status change of the Risk Assistant from part- time to full-time, will provide the necessary man-hour resources to perform the required duties of the Risk Management Department including the Special Event Permit Program. H? The Risk Management Department OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES has begun a review of the Special Event Permit Program to streamline from a staff perspective and revise the program to provide superior customer service. This status change will allow the Risk Management Department to perform required duties including the expanded insurance renewal requirements and the Special Event Permit Program. FI: The anticipated cost for this Status Change in the FY2012-13 is ISCAL MPACT $14,025. We have identified insurance premium savings of $14,104 from the proposed budget. This status change will not affect the total department budget for FY 2012-13. A: Denying the status change will result in lower prioritization of Special LTERNATIVES Event Permit applications. It will require applicants to schedule appointments in lieu of walk-in requests for assistance. It will require increased time periods for applications to be submitted prior to the special event. It will reduce the available customer service hours for special event applications. 117 of 634 118 of 634 119 of 634 120 of 634 121 of 634 122 of 634 123 of 634 6. F CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Robert Bucella, a regular EQUESTED CTION BY ITY OMMISSION member of the Code Compliance Board ER: Robert Bucella has submitted his resignation as a regular XPLANATION OF EQUEST member of the Code Compliance Board because he will be unable to attend the meetings. H? The Code Compliance Board will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 124 of 634 125 of 634 6. G CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Gerald Taylor, a regular EQUESTED CTION BY ITY OMMISSION member of the Golf Course Advisory Committee ER: Gerald Taylor submitted his resignation from the Golf XPLANATION OF EQUEST Course Advisory Committee due to his appointment as Commissioner of District I H? The Golf Course Advisory OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Committee will have a vacant position. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 126 of 634 127 of 634 6. H CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Terry Lonergan, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: Terry Lonergan submitted her resignation from the Financial XPLANATION OF EQUEST Advisory Committee. H? The Financial Advisory Committee OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 128 of 634 129 of 634 6. I CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Harry "Dale" Hatch, a EQUESTED CTION BY ITY OMMISSION regular member of the Cemetery Board ER: At the December 13, 2012 Cemetery Board meeting, Dale XPLANATION OF EQUEST Hatch advised he had moved outside the City limits and resigned from the Cemetery Board. H? The Cemetery Board will have a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vacant position. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 130 of 634 6. J CONSENT AGENDA January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Special City EQUESTED CTION BY ITY OMMISSION Commission meeting on December 11, 2012, the Regular City Commission meeting held on December 18, 2012 and the Special City Commission meeting held on January 8, 2013 The City Commission met on December 11, 2012, December 18, 2012 and January 8, 2013 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 131 of 634 132 of 634 133 of 634 134 of 634 135 of 634 136 of 634 137 of 634 138 of 634 139 of 634 140 of 634 141 of 634 142 of 634 143 of 634 144 of 634 145 of 634 146 of 634 147 of 634 148 of 634 149 of 634 150 of 634 151 of 634 152 of 634 153 of 634 154 of 634 155 of 634 156 of 634 157 of 634 158 of 634 159 of 634 160 of 634 161 of 634 7. A BIDS AND PURCHASES OVER $100,000 January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-002 - EQUESTED CTION BY ITY OMMISSION Accept a FEMA SAFER Grant award in the amount of $967,281 for Grant #EMW-2012-FH- 00363 with no required City matching funds and authorize the expenditure of the entire program amount of $967,281 for the hiring of 7 probationary Firefighters for a period of 2 years. This would return the 7 firefighter positions that were eliminated during the FY10/11 and FY11/12 budget process. GP:M3,2013M15,2015 RANT ERIOD ARCH TO ARCH ER: The Fire Rescue Department is requesting that the city XPLANATION OF EQUEST accept the FEMA SAFER Grant award #EMW-2012-FH-00363 of $967,281. The department is also requesting authorization to spend the entire project budget of $967,281 to hire 7 probationary firefighters to reinstate the 7 firefighter positions eliminated during the FY’s 10/11 and 11/12 budgets. These funds will cover the cost of pay and benefits for the 7 firefighters for a period of 2 years. All grants awarded under the Hiring Category require the City to maintain current staffing levels and incur no lay- offs during the two-year period of performance. There are no grant requirements for the City to fund these positions once the grant period is complete. If the City wishes to retain these positions once the grant period is over, funding would need to be provided in the City’s budget to maintain these positions. H? This will allow the Fire Rescue OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Department to return to the Operations Division staffing levels that were in place during the FY 2009/2010 Budget. The unit at station #1 that has been removed from service 162 of 634 due to those staffing cuts will be returned to service 24/7/365 once the 7 firefighters are hired and assigned to their respective shifts. FI: The city will receive $967,281 ($589,372 for personnel & $377,909 for ISCAL MPACT benefits) over a period of 2 years to fund wages and benefits for 7 firefighter positions. No additional funding for current fiscal year will be needed to complete the hiring and orientation training for these positions as well as securing equipment and uniforms. In FY14/15 there would be a potential impact if these positions are retained after the grant period. Funds for wages and benefits would need to be budgeted for the period March 16, 2015 to September 30, 2015. A: Not accept the grant and authorize the spending, therefore keeping Fire LTERNATIVES Rescue Department staffing at the current levels. 163 of 634 RESOLUTION NO. R13-002 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A FEMA SAFER GRANT AWARD IN THE AMOUNT OF $967,281 FOR GRANT #EMW-2012-FH-00363 FOR THE HIRING OF 7 PROBATIONARY FIREFIGHTERS FOR A PERIOD OF TWO YEARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Fire Department applied for and has been awarded a Staffing for Adequate Fire and Emergency Response (SAFER) grant from the Federal Emergency management Agency (FEMA); and WHEREAS, the grant award is in the amount of $967,281 with no required City matching funds; and WHEREAS, the Fire Rescue Department is requesting authorization to spend the entire project budget to hire 7 probationary firefighters which will reinstate the 7 firefighter positions eliminated during fiscal years 2010/11 and 2011/12 budget cuts; and WHEREAS, upon recommendation of staff, the City Commission deems it in the best interest of the citizens and residents of the City of Boynton Beach to accept the FEMA SAFER grant in the amount of $967,281 and allow the Fire Rescue Department to hire 7 probationary firefighters for a period of two years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby accepts the FEMA SAFER Grant in the amount of $967,281 and authorizes the Fire Rescue Department to expend the entire program amount of $967,281 for the hiring of 7 164 of 634 probationary firefighters for a period of two years, a copy of the Agreement Articles is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of January, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – Jerry Taylor ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Wayne Segal ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 165 of 634 166 of 634 167 of 634 168 of 634 169 of 634 170 of 634 171 of 634 172 of 634 7. B BIDS AND PURCHASES OVER $100,000 January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-003 - EQUESTED CTION BY ITY OMMISSION Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the Reclaimed Water Main to Galaxy Elementary School project, Bid No. 011-2821-13/DJL in the amount of $155,642 plus a 10% contingency of $15,564 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $171,206. ER: On October 26, 2012, the City of Boynton Beach advertised XPLANATION OF EQUEST an Invitation to Bid for the Reclaimed Water Main to Galaxy Elementary School project, Bid No. 011-2821-13/DJL. Bid proposals were received and publicly opened on November 28, 2012. Eight (8) bids were received, and B & B Underground Contractors, Inc. (B & B Underground) was identified as the apparent low bidder. The Engineer of Record for the project, Mathews Consulting, conducted reference checks for the two (2) lowest bidders. It is important to note that the bid submitted by B & B Underground is approximately 35% lower than the second lowest bidder. Due to this differential in price, Mathews Consulting contacted B & B Underground to determine if their bid was flawed in any way. B & B Underground assured Mathews Consulting that their prices are guaranteed with the understanding that no change orders will be issued unless absolutely warranted. Based upon this information, Mathews Consulting, Procurement/ Finance, and the Utilities Department recommend awarding the contract to B & B Underground as the lowest responsive, responsible bidder. Attached are the Procurement/Finance memorandum, Mathews Consulting’s recommendation letter, and B & B Underground’s bid. The scope of work for this project includes all fittings, valves, meter vaults, connections to existing systems, and all incidentals and appurtenances for installation of new 6-inch PVC 173 of 634 th DR18 C900 reclaimed water main piping along NW 4 Avenue from Seacrest Boulevard to the new Galaxy Elementary School and Galaxy Park. B & B Underground was the lowest most responsive, responsible bidder who met all specifications. H? The new pipeline will supply OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES reclaimed water for irrigation to the new Galaxy Elementary School and Galaxy Park. Galaxy Elementary School is being reconstructed and is aiming to be the first elementary school to earn a Platinum LEED (Leadership in Energy and Environmental Design) rating, which is the highest environmental rating from the U.S. Green Building Council. The new school will be a showcase for the City of Boynton Beach, and it is located on the main thoroughfare into the City. The use of reclaimed water is an important component of the project, which will help the school attain the Platinum LEED rating. FI: Total authorized funding for the project including the 10% contingency ISCAL MPACT is $171,206.00. Funding is available in the Utilities CIP budget. Additionally, the City has executed an Interlocal Agreement with the School District of Palm Beach County for a 50/50 share of the construction cost for this project. Therefore, the School District will reimburse the City for 50% of the final construction cost. The project number is REU004 and is budgeted under account 404-5000-536-65-11. A: Since the reclaimed water is an integral component of the Galaxy LTERNATIVES Elementary School project, there is no feasible alternative at this time. 174 of 634 RESOLUTION R13-003 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND B & B UNDERGROUND CONTRACTORS, INC., FOR RECLAIMED WATER MAIN TO GALAXY ELEMENTARY SCHOOL PROJECT IN RESPONSE TO BID NO. 011-2821-13/DJL IN THE AMOUNT OF $155,642 PLUS A 10% CONTINGENCY OF $15,564 FOR UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF $171,206; AUTHORIZING EXECUTION BY THE CITY MANAGER AND CITY CLERK ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 28, 2012 Procurement Services received and opened eight (8) bids in response to Bid 011-2821-13/DJL for Reclaimed Water Main to Galaxy Elementary School project; and WHEREAS, after reviewing the bids submitted, Mathews Consulting, Procurement Services and the Utilities Department all recommend awarding the Contract to B & B Underground Contractors, Inc., as the lowest, most responsive, responsible bidder who met all specifications; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Contract for Reclaimed Water Main to Galaxy Elementary School project with B & B Underground Contractors, Inc., of Royal Palm Beach in the amount of $155,642 plus a 10% contingency of $15,564 for a total expenditure of $171,206. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Contract for Reclaimed Water Main to Galaxy Elementary School project 175 of 634 with B & B Underground Contractors, Inc., of Royal Palm Beach in the amount of $155,642 plus a 10% contingency of $15,564 for a total expenditure of $171,206 and authorize the City manager and City Clerk to execute the Contract, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Wayne Segal ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 176 of 634 177 of 634 178 of 634 179 of 634 180 of 634 181 of 634 182 of 634 183 of 634 184 of 634 185 of 634 186 of 634 187 of 634 188 of 634 189 of 634 190 of 634 191 of 634 192 of 634 193 of 634 194 of 634 195 of 634 196 of 634 197 of 634 198 of 634 199 of 634 200 of 634 201 of 634 202 of 634 203 of 634 204 of 634 205 of 634 206 of 634 207 of 634 208 of 634 209 of 634 210 of 634 211 of 634 212 of 634 213 of 634 214 of 634 215 of 634 216 of 634 217 of 634 218 of 634 219 of 634 220 of 634 221 of 634 222 of 634 223 of 634 224 of 634 225 of 634 226 of 634 227 of 634 228 of 634 229 of 634 230 of 634 231 of 634 232 of 634 233 of 634 234 of 634 235 of 634 BID TITLE: RECLAIMED WATER MAIN TO GALAXY ELEMENTARY SCHOOL BID NUMBER: 011-2821-13/DJL CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this _______ day of ________________, 20___, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida hereinafter called the “CITY” or “OWNER” and B & B UNDERGROUND CONTRACTORS, INC, a Florida Corporation hereinafter called “CONTRACTOR”. WITNESSETH WHEREAS, The CITY has heretofore invited bids for a CITY construction project (“Project”) identified by the bid title, bid number and project number listed above and commonly referred to as: RECLAIMED WATER MAIN TO GALAXY ELEMENTARY SCHOOL WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the 28th day of November, 2012, for the total bid amount of $155,642.00; and, WHEREAS, On the 15th day of January, 2013, the CITY Commission designated CONTRACTOR as having submitted the bid that was most advantageous to the CITY and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within ninety (90) calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 236 of 634 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY hereby hires the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR hereby accepts this Contract and agrees to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in this Contract and the Contract Documents for the price and amounts set forth in CONTRACTOR’s bid. 1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2.SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The “Contract Documents” are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) – all references to “GC” shall be to section numbers 2.2.6 Construction Contract 2.2.7 Certificate of Insurance 2.2.8 Public Construction Bond 2.2.9 Technical Specifications 2.2.10 Contract Drawings and Plans 2.2.11 Addenda 2.2.12 Written directives or interpretations 2.2.13 Manufacturers warranties 3.OBLIGATIONS OF CONTRACTOR 3.1. CONTRACTOR shall: 237 of 634 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this Contract. All of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors’ work or subcontractor’s supplying of material to CONTRACTOR and shall maintain records to establish such notice. A copy of said notice shall be provided to the CITY’s Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the CITY of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the CONTRACTOR’s bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Provide all required bonds, insurance certificates and any other required 238 of 634 security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at CONTRACTOR’s own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4.CITY’S OBLIGATIONS 4.1. The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-Construction Meeting. 4.2. The CITY shall make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, the CITY shall provide a written final acceptance and payment for the entire project. 5.COMMENCEMENT OF WORK 5.1. Prior to commencement of work, the CITY and CONTRACTOR shall negotiate and agree upon CONTRACTOR’s per diem direct job site costs and home office overhead costs. The negotiated amounts shall be used for purposes of determining the compensation to be paid to CONTRACTOR for a suspension, field change directive, or any other instance wherein GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order to facilitate an agreement as to amount, CONTRACTOR agrees to permit the CITY to audit records which establish CONTRACTOR’s direct job site costs and home office overhead. The CITY and CONTRACTOR shall attach an addendum to this Contract which sets forth the negotiated amounts. If the parties are unable to reach an agreement for such costs within sixty (60) days of the CITY selecting CONTRACTOR for the Project, the City shall be entitled to discontinue all discussions with CONTRACTOR, select another contractor, or cancel the bid entirely. In such an instance, the awarded Contractor shall not be entitled to receive any funds from CITY for costs incurred from the time of its bid to the time of the CITY’s decision not to utilize CONTRACTOR’s services. CONTRACTOR shall not be entitled to any damages or compensation as a result of CONTRACTOR’s reliance on its award of the bid. 5.2. CONTRACTOR hereby agrees to commence Work under this Contract within ten (10) calendar days of the Commencement Date specified in the written “Notice to Proceed,” and to achieve Substantial Completion without interruption within 90 calendar days thereafter. 5.3. With respect to this Contract, time is of the essence. . In the event the CONTRACTOR shall fail to (1) timely commence the work following Notice to Proceed or (2) fail in the performance of the work specified and required to be performed within the time limit set forth in the Contract, after due allowance for 239 of 634 any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY for liquidated damages the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of achieving of Substantial Completion. 5.4. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR’S bid proposal, and for such others as the Project Engineer may direct, and shall not employ any subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 6.LIQUIDATED DAMAGES 6.1. The CONTRACTOR agrees to pay $500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY’S issuance of the “Notice to Proceed” or failure to achieve Substantial Completion within ninety (90) calendar days from the Commencement Date as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct such liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period at the discretion of the CITY, Liquidated Damages may be applied as described in Section 6 above. 7.PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS. 8.INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY pursuant to the provisions set forth in General Conditions for Construction, GC- 26 - INDEMNITY. 9.PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract 240 of 634 Documents. 9.2. The CITY reserves the right to negotiate any and all amounts contained in the bidding and contract documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the Work. At the CITY’s discretion, the CITY may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the CITY. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the CITY if the CONTRACTOR has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the CONTRACTOR attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the CONTRACTOR adds such language, specific written authorization will be secured from the CITY Manager’s office before executing the Field Change Directive or Change Order. 10.2hange orders and adjustments shall be in writing and approved by the CITY, C otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current Contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer (“Engineer”) is MATHEWS CONSULTING, INC. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the Work whenever such stoppage 241 of 634 may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the Contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the CITY who shall make the final decision. 12.INSURANCE 12.1. The CONTRACTOR shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13.CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the CITY Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the CITY Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY’s Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14.TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the Work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15.REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. 242 of 634 CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the Work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the Work within the time allocated by this Contract. 15.4. All requests for extension of time to complete the Work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase “the CITY, its agents and employees” shall include but shall not be limited to the Project Engineer and Project Manager. 16. SUSPENSION 16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the per diem direct job site overhead as set forth in the Schedule of Bid Items. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 17. DISPUTES 17.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 17.2. Upon resolution of a dispute by the CITY, either party may request the appointment of a mediator. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 243 of 634 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its CITY Manager, attested to by the CITY Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: _____________________________ ______________________________________ President or Vice President _____________________________ ______________________________________ Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me, duly authorized to administer oaths, ______________________________________________ known to be the persons described herein or who has produced ______________________________ as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. _________________________________ Notary Public My Commission Expires: BOND NO.:___________ PERFORMANCE BOND NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (1) set of originals will be required. 244 of 634 KNOW ALL MEN BY THESE PRESENTS: that __________________________________ (insert name of Contractor) ________________________________________________________ as Principal, (address or legal title of Contractor) hereinafter called Contractor, and __________________________________________________ (name and address of Surety) ______________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of ____________________________________________________ Dollars ($_____________________), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. 245 of 634 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. 246 of 634 Signed and sealed this __________ day of ____________________, 20____. _______________________________________ Principal (Seal) ________________________________ Witness _______________________________________ Title _______________________________________ Surety ________________________________ Witness _______________________________________ Attorney-in-Fact END OF PERFORMANCE BOND BOND NO.:___________ PAYMENT BOND NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (1) set of originals will be required. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ___________________________________ (insert name of Contractor) ________________________________________________________ as Principal, (address or legal title of contractor) hereinafter called Principal, and ___________________________________________________ (name and address of Surety) ______________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter 247 of 634 called Owner, for the use and benefit of claimants as here below defined, in the amount of _______________________________________________________________________ Dollars ($_____________), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ __________________________________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where 248 of 634 an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this __________ day of ____________________, 20____. _______________________________________ Principal (Seal) __________________________________ Witness _______________________________________ Surety __________________________________ Witness _______________________________________ Attorney-in-Fact 249 of 634 END OF PAYMENT BOND STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 20___ ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) 250 of 634 END OF WARRANTY OF TITLE City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE MINIMUM LIMITS REQUIRED (Occurrence Based Only) ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 251 of 634 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ---------------------- --------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 11/2012 252 of 634 7. C BIDS AND PURCHASES OVER $100,000 January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-004 - EQUESTED CTION BY ITY OMMISSION Approve the purchase of new replacement vehicles as approved in the FY 2012/13 budget in the estimated amount of $3,028,973 and to approve 5 units in the estimated amount of $160,324 for an estimated total of $3,189,297, by utilizing the following contracts; State of Florida Contract #01-071-000-C, State of Florida Contract #760-000-10-1, City of Venice, FL ITB #2954-12-2013, Florida Sheriffs Association Contract #12-10-0905, Florida Sheriffs Association Contract #11-10- 1202, and Florida Sheriffs Association Contract #12-20-0905. ER: The Fleet Administrator recommends the annual purchase XPLANATION OF EQUEST of fifty replacement vehicles collectively for Solid Waste, Fire Rescue, Police, Grounds & Maintenance, Utilities, Recreation and Cemetery, as approved in the Fiscal Year 2012/13 budget. Attached is a spreadsheet (Exhibit 1) indicating vendor, number of units ordered, user department, bid/contract information and cost. Some of the units being replaced differ from the units that were originally submitted after re-evaluating equipment; budget increases will not be necessary due to changes. Furthermore, the Fleet Maintenance Division jointly with the other departments aforementioned were able to right-size vehicles & equipment which will subsequently reduce fuel costs and lower our overall carbon footprint. Additionally, 5 police units were in accidents during the FY11/12 budget year. These units were deemed totaled and never replaced due to the pending proposal from Palm Beach County Sheriff’s office; thus the request for additional funds. Fleet Maintenance recommends the following vendors for vehicle purchases: 253 of 634 A. Palm Peter Built Truck Centers $1,464,313 off of the Florida Sheriffs Association Contract #12-10-0905 for 7 units scheduled for the Solid Waste Department B. Container Systems & Equipment Co. Inc. $218,305 piggy back City of Venice ITB #2954-12-2013 for 1 unit scheduled for Solid Waste Department C. ETR Vehicles LLC for $186,947 off of the Florida Sheriffs Association Contract #11-10-1202 for 1 unit scheduled for Fire Rescue D. Bartow Ford for $15,016 off of the Florida Sheriffs Association Contract #12- 20-0905 for one Fire Rescue unit scheduled for replacement. E. ARS Power Sports for $7,269 off of the Florida Sheriffs Association Contract #12-10-0905 for one Recreation unit slated for replacement F. Alan Jay Automotive Network $93,521 off of the Florida Sheriffs Association Contract #12-20-0905 for 3 Police units slated for replacement G. Don Reid Ford for $75,448 off of the Florida Sheriffs Association Contract #12-20-0905 for 4 police units slated for replacements H. Duval Ford $618,431 off of the Florida Sheriffs Association #12-20-0905 Contract for 20 units including Police, Fire Rescue, Utilities and Solid Waste. I. Garber Fleet Sales for $302,799 off of the State of Florida Contract #01-071- 000-C for 9 police units J. Trekker Tractor for $30,464 off of Florida Sheriffs Association Contract #12- 10-0905 for one unit slated for Utilities K. Westco Turf for $16,460 off of the State of Florida Contract #760-000-10-1 for one unit slated for Cemetery. The sum for the aforementioned units equates $3,028,973; the budgeted amount was $3,029,000. See attachment for a complete allocation listing of equipment to be replaced. The five police units replaced total $ 160,324, which consists of: A. Garber Fleet Sales for $136,324 off of the State of Florida Contract #01-071- 000-C for 4 Chevy Caprice police units. B. Bruce Rossmeyer’s Harley Davidson for $24,000 off of the Florida Sheriffs Association Contract #12-20-0905 for one police motorcycle unit. Note- Risk Management has received funds through subrogation for two of the crashed units and additional insurance funds are anticipated once the remaining vehicles are disposed of thus determining the salvage value. H? The fifty (50) replacement vehicles OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES are being purchased according to a lifecycle allowing maximum vehicle efficiency that minimizes annual maintenance charged to each of the operating departments and reducing downtime. FI: Funds are budgeted under the Fleet Maintenance Fund account ISCAL MPACT number 501-2516-519-64-33 in the amount of $3,029,000 and Department anticipates utilizing the insurance proceeds it receives during this fiscal year from the vehicles involved in accidents in FY11/12. Maintenance cost will be significantly lower due to the 254 of 634 new equipment being purchases. Fuel usage will also be reduced due to the use of fuel efficient vehicles. All agencies have complied with public contract bid requirements that equal or exceed the City of Boynton Beach bid requirements. A: To defer or not purchase selected replacement or new vehicles beyond LTERNATIVES those already deferred in the FY 2012/13 budget cycle. However, deferring purchases will increase departmental maintenance costs. 255 of 634 RESOLUTION NO. R13-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE THE PURCHASE OF NEW AND REPLACEMENT VEHICLES UTILIZING THE STATE OF FLORIDA CONTRACT #01- 071-000-C, STATE OF FLORIDA CONTRACT #760-000-10-1, CITY OF VENICE, FLORIDA ITB #2954-12-2013, FLORIDA SHERIFFS ASSOCIATION CONTRACT #12-10-0905, FLORIDA SHERIFFS ASSOCIATION CONTRACT #11-10- 1202 AND FLORIDA SHERIFFS ASSOCIATION CONTRACT #12-20-0905 AS APPROVED IN THE FISCAL YEAR 2012/13 BUDGET IN THE ESTIMATED AMOUNT OF $3,189,297; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fleet Administrator recommends the annual purchase of fifty replacement vehicles for City departments as approved in the fiscal Year 2012/13 budget; and WHEREAS, the replacement vehicles are being purchased according to a life cycle allowing maximum vehicle efficiency that minimizes annual maintenance; and WHEREAS, all agencies and the Florida Sheriffs Association have complied with public contract bid requirements equal to or which exceeds Boynton Beach’s requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City Of Boynton Beach, Florida, hereby approves the purchase of new and replacement vehicles utilizing the State of Florida Contract #01-071-000-C, State of Florida Contract #760-000-10-1, City of Venice, Florida ITB #2954-12-2013, Florida Sheriffs Association Contract #12-10-0905, Florida Sheriffs Association Contract #11-10-1202 and Florida Sheriffs Association Contract #12-20-0905 as approved in the fiscal year 2012/13 budget in the estimated amount of $3,189,297. 256 of 634 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this _____ day of January, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Wayne Segal ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 257 of 634 258 of 634 259 of 634 260 of 634 261 of 634 262 of 634 263 of 634 264 of 634 265 of 634 266 of 634 267 of 634 268 of 634 269 of 634 270 of 634 271 of 634 272 of 634 273 of 634 274 of 634 275 of 634 276 of 634 277 of 634 278 of 634 279 of 634 280 of 634 281 of 634 282 of 634 283 of 634 284 of 634 285 of 634 286 of 634 287 of 634 288 of 634 289 of 634 290 of 634 291 of 634 292 of 634 293 of 634 294 of 634 295 of 634 296 of 634 297 of 634 298 of 634 299 of 634 300 of 634 301 of 634 302 of 634 303 of 634 304 of 634 305 of 634 306 of 634 307 of 634 308 of 634 309 of 634 310 of 634 311 of 634 312 of 634 313 of 634 314 of 634 315 of 634 316 of 634 317 of 634 318 of 634 319 of 634 320 of 634 321 of 634 322 of 634 323 of 634 324 of 634 325 of 634 326 of 634 327 of 634 328 of 634 329 of 634 330 of 634 331 of 634 332 of 634 333 of 634 334 of 634 335 of 634 336 of 634 337 of 634 338 of 634 339 of 634 340 of 634 341 of 634 342 of 634 343 of 634 344 of 634 345 of 634 346 of 634 347 of 634 348 of 634 349 of 634 350 of 634 351 of 634 352 of 634 353 of 634 354 of 634 355 of 634 356 of 634 357 of 634 358 of 634 359 of 634 360 of 634 361 of 634 362 of 634 363 of 634 364 of 634 365 of 634 366 of 634 367 of 634 368 of 634 369 of 634 370 of 634 371 of 634 372 of 634 373 of 634 374 of 634 375 of 634 376 of 634 377 of 634 378 of 634 379 of 634 380 of 634 381 of 634 382 of 634 383 of 634 384 of 634 385 of 634 386 of 634 387 of 634 388 of 634 389 of 634 390 of 634 391 of 634 392 of 634 393 of 634 394 of 634 395 of 634 396 of 634 397 of 634 398 of 634 399 of 634 400 of 634 401 of 634 402 of 634 403 of 634 7. D BIDS AND PURCHASES OVER $100,000 January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the "TWO-YEAR BID FOR DUMPSTER EQUESTED CTION BY ITY OMMISSION REPAIRS", Bid #018-2515-13/JMA to IES Sales and Service, LLC of Opalocka, Florida for a two (2) year period to be utilized on an "AS NEEDED BASIS" with an estimated expenditure of $140,000 for the two year period. Bid provides for two (2), one (1) year extensions. BT:J16,2013J15,2015 ID ERM ANUARY THRU ANUARY ER: On December 11, 2012, Procurement Services opened and XPLANATION OF EQUEST tabulated five (5) bids. All bids were reviewed by the Public Works Department and it was determined that IES Sales and Service, LLC of Opalocka, FL, was the lowest, most responsive, responsible bidder who met all specifications. Jason Yaeger, Solid Waste Supervisor, concurs with this recommendation (see attached Memo #12-071). This award will provide the ability for the City to have repairs done off site at the vendors facilities and if needed on site at City facilities (at a higher cost). Previous years expenditures are as follows: FY12 $27,754 FY11 $59,971 FY10 $41,750 FY09 $74,652 H? The purpose of the Bid was to seek OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a source to provide the Public Works/Solid Waste with a cost effective and timely 404 of 634 service for the repair of the City’s dumpsters for a period of two (2) years. Service will be provided on an “AS NEEDED BASIS”. FI: Funds for this repair service have been budgeted in the Solid Waste ISCAL MPACT Fund previously and in FY13 under account number 431-2515-534-46-93. A: The only alternative to this Bid would be not to repair the dumpsters and LTERNATIVES replace them, which would not be in the best interest of the City. 405 of 634 406 of 634 407 of 634 408 of 634 409 of 634 410 of 634 411 of 634 412 of 634 413 of 634 414 of 634 415 of 634 416 of 634 417 of 634 418 of 634 419 of 634 420 of 634 421 of 634 422 of 634 423 of 634 424 of 634 9. A PUBLIC HEARING January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-001 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the historic designation application for the Boynton High School located at 125 East Ocean Avenue, Boynton Beach ER: The Boynton High School is currently the subject of a XPLANATION OF EQUEST redevelopment proposal to repair the structure and adapt it to a multi-use facility. The site is located on Ocean Avenue and is a key element in the city’s downtown redevelopment efforts. The City of Boynton Beach currently owns the site; however, ownership will be transferred to the developer when conditions outlined in the development agreement are met. To assist with the funding of the redevelopment, the developer intends to apply for financial incentives that are available for historically designated sites. As the current owner of the property, the City of Boynton Beach is applying for historic designation of the site prior to the transfer of ownership to expedite the development timeline. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; 425 of 634 c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject property contains a two-story school building built in 1927 during the Florida Boom Period (1919 – 1929). The school was designed by William Manley King, the architect of many Palm Beach County schools and other notable buildings such as the National Guard Armory in West Palm Beach. The High School is designed mostly in the Mediterranean Revival style but also shows elements of the up and coming Art Deco style which flourished in the early 1930s. The building is a hybrid of the two styles and is significant in the history of Art Deco. The site was added to the Florida Master Site File inventory in 1986. The 1996 update describes the school as “a fine example of the Mediterranean Revival style”. The structure retains many original architectural features both externally and internally. External alterations include a change in window design on the east and west elevations likely due to repairs carried out after the 1928 hurricane, replacement of almost all of the original wood windows with metal frame awning windows, and the installation of external AC units in a number of the original window openings. While these alterations have affected the original character and design to some degree, the changes to the east and west elevations are appropriate for the architectural style and have attained historic significance in their own right, especially if they are associated with the 1928 hurricane. Further, the metal frame windows can be replaced with windows of a more appropriate style, and the AC units can be removed. The building appears to be in fair condition; however, reports from 2011 list a number of required repairs including roof repairs, interior plasterwork repairs, interior floor repairs, replacement of electrical, plumbing, and mechanical systems, and removal of hazardous materials. The 2011 structural report describes the building as being in “fair structural condition, albeit, having areas of noted deterioration/damage requiring repair and/or replacement”. As detailed in the designation application, the site meets criteria “a” and “c” from the above list as it has: “Association with events that have made a significant contribution to the broad patterns of the City’s history”, and it “Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.” 426 of 634 Further, the subject property exhibits significance in a local context in the areas of architecture and education, and, although some alterations have been undertaken and a number of repairs are required, it retains much of its integrity. Therefore, based on the above described qualities, the site meets the required criteria and is eligible for historic designation and inclusion on the Boynton Beach Register of Historic Places. Based on previous discussions, it is anticipated that the Historic Resources Preservation Board (HRPB) will recommend approval of the application at its meeting on January 14, 2013. An update of the HRPB recommendation will be provided at the City Commission meeting. H? The property will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places, designation will help raise public awareness of the City’s Historic Preservation Program, and, historic designation will open up financial incentives for the proposed redevelopment of the site which will in turn contribute to the city’s downtown regeneration plans. FI: Designation will open up financial incentives to the developer and help ISCAL MPACT finance the development project. The successful completion of the project will bring a currently vacant property back into use resulting in increased property tax revenues. The proposed new use will attract a greater number of visitors to the downtown area and will contribute to the downtown regeneration plan. A: Do not approve the historic designation application. LTERNATIVES 427 of 634 ORDINANCE NO. 13-001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON HIGH SCHOOL LOCATED AT 125 EAST OCEAN AVENUE, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Boynton High School, a two-story school building built in 1927, is designed mostly in the Mediterranean Revival style but also shows elements of the up and coming art Deco style which flourished in the early 1930s; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Boynton High School as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach on January 14, 2013 recommended that the Boynton High School be designated a historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Boynton High School as a historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. The Boynton High School is located at 125 East Ocean Avenue, which is legally described on the survey which is attached and incorporated into this Ordinance as 428 of 634 Exhibit "A", and is hereby designated as the Boynton High School Historic Site in accordance with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this ____ day of ____________, 2013. 429 of 634 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner- Wayne Segal ATTEST: ___________________________ Janet M. 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B PUBLIC HEARING January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-005 - EQUESTED CTION BY ITY OMMISSION Approve amendment to the Neighborhood Stabilization Program 3 (NSP3) to expand target areas and revise financing mechanism for Ocean Breeze subdivision ER: For NSP3, the City of Boynton Beach has received $1,168,808. As XPLANATION OF EQUEST required by NSP3 program regulations, the Action Plan identified areas of greatest needs (target area) utilizing HUD’s data and formula. Additionally the Plan allocated the available funds among eligible activities to be expended within the target area. The areas of greatest needs identified in the original NSP3 application were Census tracts 61, 62.01, and 62.03. The following activities were included in the original application: : Acquisition and rehabilitation of 3 S/F units……………………………………...$559,726 Activity #1 : Acquisition and rehabilitation of 2 S/F units (25% requirement available Activity #2 to persons at or below 50% AMI)………………………………………………….……………$292,202 : Financing Mechanism for units for the Ocean Breeze Project (Direct Activity # 3 Homeownership Assistance for Redevelopment)……………………………………….……$200,000 : Planning and Administration of the NSP-3 Program……………………………$116,880 Activity #4 Staff seeks approval to amend the NSP3 Action Plan to a) expand the target area; and b) revised Activity #3 from Direct Homeownership Assistance to a forgivable Construction Loan. Item a-Target Area Expansion: Due to limited availability and suitability of the existing units in the original NSP3 target area, and upon further analysis of the data, staff recommends that the NSP 3 application be amended to include additional areas of greatest needs to its program. Based on HUD’s data, the following areas are recommended to be added: CT PA FRNS ENSUS RACTSROPOSED CTIVITIESORECLOSURE ELATED EEDS CORES 61.00 #3] Ocean Breeze Project 20 62.01; 62.03 #1 & #2] Purchase & rehabilitation 62.01 – 20 490 of 634 of five (5) units 62.03 – 19 Proposed Additional Census PA ROPOSED CTIVITIES FRNS ORECLOSURE ELATED EEDS CORES Tracts #1 & #2] Purchase & rehabilitation 57.01- 20 60.03 - 19 57.01; 57.02; 60.02; 60.03; 60.05; of 5 units 57.02 – 20 60.05 – 19 and 61 60.02 – 19 61 – 20 ASAAGN 19.5 VERAGE NEEDS CORE FOR LL REAS OF REATEST EED Item b-Change to Activity #3: The proposed amendment to Activity # 3 consists of changing Financing Mechanisms/Direct Homeownership Assistance/Use A to Forgivable Construction Loan/Use E, to provide a construction loan to the Boynton Beach Faith-Based Community Development Corporation for the construction of new housing in the Ocean Breeze project for sale to families between 50% and 120% AMI in census tract 61.00. The original use of Activity #3 funds would occur after the housing units are completed. This affects the City’s ability to meet the NSP3 expenditure deadlines. Using the funds for construction of the houses still benefits the end buyer through either a development or an affordability subsidy. : Financing Mechanism for units for the Ocean Breeze Project Activity # 3 Use A (Direct Homeownership Assistance for Redevelopment) Use E (Forgivable Construction Loan)………………………………………………………….$200,000 The proposed changes were advertised, as required, for a period of 15 days on the City’s website and in the local newspaper. No public comments were received. H? The Amendment does not reduce the number of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES properties to be assisted but this action will expedite the expenditure of NSP3 funds to meet HUD mandated NSP3 deadlines of March 2013 (50%) and March 2014 (100%). FI: No additional funding required and $200,000 will now be used for the construction of new ISCAL MPACT affordable housing in Ocean Breeze subdivision. A: Risk losing much needed federal funding. LTERNATIVES 491 of 634 RESOLUTION R13-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) TO EXPAND THE TARGET AREAS AND REVISE FINANCING MECHANISM FOR OCEAN BREEZE SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Neighborhood Stabilization Program (NSP-3) allows entitlement communities to purchase eligible properties that must be located in areas of greatest need based upon the number of homes in foreclosure, number of homes with subprime mortgages and areas likely to rise in foreclosure; and WHEREAS, due to limited availability and suitability of the existing units in the original NSP3 target area, and upon further analysis of the data, staff recommends that the NSP-3 application be amended to include additional areas of greatest needs to its program; and WHEREAS, staff is proposing a change to the Financing Mechanisms/Direct Homeownership Assistance to Forgivable Construction Loan/Use E to provide a construction loan for the construction of new housing in the Ocean Breeze project; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve amending the Neighborhood Stabilization Program 3 (NSP3) to expand the target areas and revise financing mechanism for Ocean Breeze subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 492 of 634 approves the amendment to the Neighborhood Stabilization Program 3 (NSP3) to expand the target areas and revise financing mechanism for Ocean Breeze subdivision. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ___ day of January, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman ______________________________ Commissioner – Wayne Segal ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 493 of 634 494 of 634 495 of 634 496 of 634 497 of 634 498 of 634 499 of 634 500 of 634 501 of 634 502 of 634 503 of 634 504 of 634 505 of 634 506 of 634 507 of 634 508 of 634 509 of 634 510 of 634 511 of 634 512 of 634 12. A NEW BUSINESS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss the Mayors Against Illegal Guns Letter EQUESTED CTION BY ITY OMMISSION ER: Discuss consideration of the Mayor signing on behalf of the XPLANATION OF EQUEST city, a letter to President Obama from Michael R. Bloomberg (Mayor of New York City) and Thomas M. Menino (Mayor of Boston) in support of an agenda that includes certain gun legislation. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 513 of 634 December __, 2012 Dear President Obama, th On Friday, December 14 the entire nation watched as parents stood outside the Sandy Hook Elementary School and waited, desperately hoping to be reunited with their children. That moment will never end for the families of the twenty children and six adults who were murdered that day at the school. As mayors, we are charged with keeping our communities safe. But too many of us have sat with mothers and fathers of children killed with guns. Twenty-four children enrolled in public schools in your hometown Chicago were shot to death just last year. At the moving memorial service on Sunday evening, you said: “If there can be one step we can take to save another child or another parent or another town from the grief that’s visited Tucson and Aurora and Oak Creek and Newtown and communities to Columbine to Blacksburg before that, then surely we have an obligation to try.” Our bipartisan coalition of more than 750 mayors has joined forces with over 700,000 Americans and more than 100 survivors of deadly shootings, including the mass shootings you mentioned in your remarks. Together, we urge you put forward an agenda that is rooted in common sense and that will make it harder for dangerous people to possess guns, and easier for police and prosecutors to crack down on them. That agenda should:  Require every gun buyer to pass a criminal background check: Background checks are the only systematic way to stop felons, domestic abusers and other dangerous people from buying firearms. These checks are instantaneous and highly effective. Since its inception, the National Instant Criminal Background Check System (NICS) has blocked firearms purchases at licensed dealerships by millions of individuals who are barred by federal law from owning them. But criminals and other prohibited purchasers avoid these checks by buying firearms, typically online and at gun shows, from unlicensed “private sellers” who are not required by federal law to conduct the checks.Millions of gun sales — estimated at more than 40 percent of the U.S. annual total — are conducted through private sellers. The Fix Gun Checks Act (H.R.1781/S.436) would close this enormous gap in our laws by requiring a criminal background check for every gun sale.  Get high capacity rifles and ammunition magazines off our streets: Military-style weapons and high capacity ammunition magazines have no appropriate civilian or sporting function. They are designed to kill large numbers of people quickly. They are also disproportionately used to kill law enforcement officers; approximately one out of five law enforcement officers slain in the line of duty are killed with assault weapons. The time has come to review the federal assault weapons that expired in 2004 and draft a new law that is clear and enforceable and will take these weapons out of our communities.  Make gun trafficking a federal crime: Today, there is no clear and effective statute making gun trafficking a crime. Prosecutors are instead forced to rely on a weak law prohibiting engaging in the business of selling guns without a federal license, which carries the same punishment as trafficking chicken or livestock. As a result, according to the Justice Department’s Inspector General, U.S. Attorneys decline to prosecute 25 percent of those cases while declining only 9 percent of drug conspiracy cases. Mayors Against Illegal Guns supports proposals to empower law enforcement to investigate and prosecute straw purchasers, gun traffickers, and their entire criminal networks. 514 of 634 Those ideas require action by Congress, but there steps you and your Administration could and should take immediately to curb gun violence:  Appoint an ATF director: The Bureau of Alcohol, Toboacco, Firearms & Explosives (ATF), the federal agency responsible for enforcing our gun laws, has gone without a confirmed director for more than six years. During that time, an estimated 72,000 Americans have been murdered with guns because criminals and those with serious mental illness have been able to take advantage of insufficient enforcement of existing federal gun laws. In 2011, for the first time in over a decade, more police officers were shot to death in the line of duty than were killed in automobile accidents. The need for leadership at the ATF has never been more urgent. The time has come for you to make a recess appointment to fill the vacancy at the top of the ATF.  Prosecute prohibited purchasers who attempt to buy firearms, ammunition or high-capacity magazines. The Justice Department should vigorously prosecute felons and other prohibited purchasers who fail gun background checks. In 2009, the Federal Bureau of Investigation referred more than 71,000 such cases to ATF, but U.S. Attorneys ultimately prosecuted only 77 of them. Prosecuting these offenders is a goal broadly supported by our coalition and the National Rifle Association. The Department should also develop a mechanism for sharing NICS denial information with local and state law enforcement officials by sending them active alerts; or, at a minimum, posting the information at the National Criminal Information Center so state and local law enforcement officials can access it during investigations.  Require federal agencies to report records to NICS: The NICS Improvement Act requires federal agencies to submit mental health, substance abuse and other records that prohibit a person from owning a gun to NICS. However, few agencies comply. Fifty-two of 60 agencies listed in the FBI data obtained by Mayors Against Illegal Guns in October 2011 have reported zero mental health records to NICS. Federal agency reporting of mental health records increased by ten percent between March and October 2011, to a combined total of 143,579, the vast majority of which were submitted by one agency, the Department of Veterans Affairs. According to FBI data obtained in October 2011, only three federal agencies—the FBI, the U.S. Coast Guard, and the Court Services and Offenders Supervision Agency (CSOSA), the probation and parole services agency for the District of Columbia—have submitted any substance abuse records, and the vast majority of federal agencies, including the Drug Enforcement Administration, have not submitted a single substance abuse record. The president should issue an executive order requiring all federal agency heads to certify twice annually, in writing, to the U.S. Attorney General that their agency has submitted all relevant records to NICS.  Repeal remaining Tiahrt restrictions: While Mayors Against Illegal Guns and our law enforcement allies have made progress in relaxing the “Tiahrt restrictions,” which are riders to the federal budget that restrict access to federal gun data, some still remain. These remaining restrictions keep the public, particularly researchers and elected officials, in the dark about gun traffickers – specifically, who they are and how they operate. It also requires the FBI to destroy records of approved NICS background checks within 24 hours. That makes it harder to detect law-breaking dealers who fake their records, or to identify straw buyers who undergo the checks on behalf of someone who couldn’t pass. The Tiahrt Amendments also say ATF can’t require dealers to inspect their inventory, which could reduce the tens of thousands of guns that go missing or are stolen each year. Finally, the police and other law enforcement agencies that get trace data can’t use it in license revocation proceedings or in civil litigation. The administration should repeal these restrictions in its next budget. In the past few days, the American people came together in a national outpouring of grief and sympathy for the families of victims slain in the mass shooting in Newtown. We share in that grief. But our constituents are also outraged and looking for leadership from the White House. We look forward to working with you to find a solution to gun violence in our country. Sincerely, 515 of 634 Thomas M. Menino Michael R. Bloomberg Mayor of Boston Mayor of New York City Coalition Co-Chair Coalition Co-Chair CC: Majority Leader Harry Reid, U.S. Senate Speaker John Boehner, U.S. House of Representatives [UNDERSIGNED: MEMBERS OF MAYORS AGAINST ILLEGAL GUNS] 516 of 634 13. A LEGAL January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-025 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Sophie Amichai House located at 229 SW 1st Avenue, Boynton Beach. st ER: The owner of the property located at 229 SW 1 Avenue XPLANATION OF EQUEST has submitted an application to have the property designated as a historic site. If the application is approved, the property will be added to the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 517 of 634 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject property contains a two-story residential structure built c.1922. The building is a fine example of the Mission style of architecture constructed in Boynton Beach during the Florida Boom Period (1919 – 1929). A number of Mission style buildings have been demolished in recent years; therefore, this site is one of the few remaining in the City. The site was added to the Florida Master Site File inventory in 1986 and the entry was updated during the 1996 survey. The structure retains many original architectural features and is in excellent condition. Some minor alterations have been undertaken; however, the alterations do not adversely affect the historic character, most are not visible from the public right-of-way, and they are reversible. As detailed in the designation application, the subject property is significant in a local context for its architecture and, although some alterations have been undertaken, it retains much of its integrity. The site also meets criteria “c” from the above list as it: “Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.” Therefore, based on the above described qualities, the site meets the required criteria and is eligible for historic designation. The Historic Resources Preservation Board (HRPB) recommended approval of the application at its meeting on December 10, 2012. H? The property will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places and will help raise public awareness of the City’s Historic Preservation Program. FI: Studies indicate that preservation programs can maintain, and in some ISCAL MPACT cases increase property values which benefit property tax revenues. A: Do not approve the historic designation application. LTERNATIVES 518 of 634 ORDINANCE NO. 12-025 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE SOPHIE AMICHAI HOUSE ST LOCATED AT 229 SW 1 AVENUE, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Sophie Amichai House, a home which is a two-story residential structure built c. 1922, is a fine example of the Mission style of architecture built in Boynton Beach; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Sophie Amichai House as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach on December 10, 2012 recommended that the Sophie Amichai House be designated a historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Sophie Amichai House as a historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 519 of 634 st Section 2. The Sophie Amichai House is located at 229 SW 1 Avenue, which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit "A", and is hereby designated as the Sophie Amichai Historic Site in accordance with and under the provisions of Chapter 4, Article XI, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. th FIRST READING this 18 day of December, 2012. 520 of 634 th SECOND, FINAL READING AND PASSAGE this 15 day of January 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner- Wayne Segal ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 521 of 634 522 of 634 523 of 634 524 of 634 525 of 634 526 of 634 527 of 634 528 of 634 529 of 634 530 of 634 531 of 634 532 of 634 533 of 634 534 of 634 535 of 634 536 of 634 537 of 634 538 of 634 539 of 634 540 of 634 541 of 634 542 of 634 543 of 634 544 of 634 545 of 634 546 of 634 547 of 634 548 of 634 549 of 634 550 of 634 551 of 634 13. B LEGAL January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-026 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Oscar Magnuson House located at 211 East Ocean Avenue, Boynton Beach. ER: The owner of the property located at 211 East Ocean XPLANATION OF EQUEST Avenue, the Community Redevelopment Agency (CRA), has submitted an application to have the property designated as a historic site. If the application is approved, the property will be added to the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 552 of 634 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject property contains a two-story residential structure built c.1919 which is a fine example of the early Frame Vernacular style built in Boynton Beach. The house was built by Oscar Magnuson, a city pioneer and farmer, and is one of the oldest houses in the City. The site was added to the Florida Master Site File inventory in 1986. The entry was updated during the 1996 survey which described the building as an “outstanding Frame Vernacular house”. The structure is in good condition and retains many original architectural features, especially on the interior where the extent and quality of the woodwork may make it unique in the city. Some alterations have been undertaken, most notably the removal of the front porch which is a character-defining element of this style. However, the building retains many other significant architectural features, it displays a very high standard of workmanship, it is one of the oldest structures in the city, and it is associated with a city pioneer and his family who contributed to the prosperity of the Town and the City of Boynton Beach. Further, if desired, an appropriate replacement porch could be built using surviving pictorial evidence to create an appropriate design. As detailed in the designation application, the subject property is significant in a local context under the areas of architecture and city pioneer. Although some alterations have been undertaken, it retains much of its integrity. The site also meets criteria “b” and “c” from the above list as it has: “Association with the lives of persons significant in the City’s past” and “Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.” Therefore, the site meets the required criteria and is eligible for historic designation. The Community Redevelopment Agency (CRA) Board approved submittal of the application on November 13, 2012. The Historic Resources Preservation Board (HRPB) recommended approval of the application at its meeting on December 10, 2012. H? The property will be added to the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Boynton Beach Register of Historic Places and will help raise public awareness of the City’s Historic Preservation Program. FI: Studies indicate that preservation programs can maintain, and in some ISCAL MPACT cases increase property values which benefit property tax revenues. A: Do not approve the historic designation application. LTERNATIVES 553 of 634 ORDINANCE NO. 12-026 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE OSCAR MAGNUSON HOUSE LOCATED AT 211 EAST OCEAN AVENUE, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the Oscar Magnuson House, a home which is a two-story residential structure built c. 1919, is a fine example of the early Frame Vernacular style built in Boynton Beach; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Oscar Magnuson House as a historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach on December 10, 2012 recommended that the Oscar Magnuson House be designated a historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Oscar Magnuson House as a historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 554 of 634 Section 2. The Oscar Magnuson House is located at 211 East Ocean Avenue, which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit "A", and is hereby designated as the Oscar Magnuson Historic Site in accordance with and under the provisions of Chapter 4, Article XI, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. th FIRST READING this 18 day of December, 2012. 555 of 634 TH SECOND, FINAL READING AND PASSAGE this 15 day of January 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – Jerry Taylor ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner- Wayne Segal ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 556 of 634 557 of 634 558 of 634 559 of 634 560 of 634 561 of 634 562 of 634 563 of 634 564 of 634 565 of 634 566 of 634 567 of 634 568 of 634 569 of 634 570 of 634 571 of 634 572 of 634 573 of 634 574 of 634 575 of 634 576 of 634 577 of 634 578 of 634 579 of 634 580 of 634 581 of 634 582 of 634 583 of 634 584 of 634 585 of 634 586 of 634 587 of 634 588 of 634 589 of 634 590 of 634 591 of 634 592 of 634 13. C LEGAL January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Commission policy guidance regarding prosecution EQUESTED CTION BY ITY OMMISSION or dismissal of City cross claims when main foreclosure action is dismissed. ER: The City is often joined as a party defendant in lender XPLANATION OF EQUEST foreclosure actions when the City has granted a SHIP or CDBG mortgage to the property owner. The City’s claim is almost always subordinate to the lenders claim. The filing of a foreclosure action by the lender constitutes a default under the terms of the SHIP or CDBG mortgage. The City has a policy to always files a cross claim against the property owner to protect its interest, with the hope that the value of the property is enough for the City to recover some funds after the lender gets its share; and in the event funds are insufficient, permits the City to obtain a judgment against the owner. For the past several years the City’s hope has usually been dashed on the rocks thanks to the stormy economy. On occasion the lender will work out its claim against the property owner and will dismiss its foreclosure lawsuit. CDBG and SHIP mortgages include terms that forgive the loan in full if the owner resides on the property for a designated period of time. If the owner continues to reside at the property, the dismissal of the foreclosure lawsuit by the lender cures the default. In such cases, the City has the right to pursue its pending cross claim which costs in the neighborhood of $395.00-$1,900.00 to file, depending on the amount of the City’s claim. The City also has the right to dismiss the cross claim. The former option gives the City the ability to obtain a final judgment, and some chance to recover its costs and the mortgage albeit at additional cost to litigate; the latter offers no chance to recover. The City may also attempt to negotiate payment of its fees and costs with the owner, in exchange for agreeing to dismiss its cross claim. 593 of 634 The City Attorney’s Office seeks Commission direction on establishing a general rule (policy) that cross claims will or will not be dismissed when the main foreclosure case is dismissed. Recommendation: The City should contact borrower’s subsequent to the dismissal of the underlying foreclosure action to negotiate payment of the fees and costs incurred in defending the foreclosure action and filing a cross-claim. Upon settlement and payment of these costs, the City should dismiss its cross claim. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES H:\_GOV CLIENTS\BB 306\_900182 GM\ItemCoverSheet.doc 594 of 634 MEMORANDUM TO: Mayor Members of the City Commission CC: Lori LaVerriere, Interim City Manager Janet M. Prainto, City Clerk FROM: James A. Cherof, City Attorney Stacey R. Weinger, Assistant City Attorney DATE: December 4, 2012 RE: City of Boynton Beach (“City”) / Foreclosure Cross-Claims / Voluntary Dismissal Due to the current economic climate, the City has been named as a party defendant in a number of foreclosure actions. The City’s interest in these foreclosure actions arises from code enforcement violations and fines that have accrued against the subject property; or from Home Improvement Loans and Second Mortgages granted to the homeowner through the SHIP and CDBG programs. Foreclosure actions involve the following parties: 1. The foreclosing party: a bank, condominium association, or homeowner’s association; 2. The homeowner; 3. The City or CRA; 4. Any other persons or parties with an interest in the subject property. 595 of 634 Recently, the City Attorney’s Office received a Notice of Voluntary Dismissal in a foreclosure case. The Notice of Voluntary Dismissal terminated the underlying foreclosure proceeding, thereby resulting in the homeowner retaining title to the property. The City’s interest in the foreclosure action arose from second mortgage granted by the City to the homeowner. In order to protect its interest, the City filed a cross-claim against the homeowner. In the event the property was sold due to the foreclosure, a cross-claim enables the City to obtain a personal judgment against the homeowner for the amounts due and owing to the City. Prior to the conclusion of the foreclosure action, the Plaintiff and homeowner reached an agreement and the underlying foreclosure action was dismissed. We seek direction as to how to proceed with the cross-claim. The terms of the City’s mortgage agreement provide that the homeowner is responsible for: 1. Payment of all expenses reasonably incurred by the City because of the homeowner’s failure to comply with the terms of the note and mortgage, including costs and attorney’s fees on incurred on litigation involved in enforcing this obligation, and 2. If the agreement is breached, the entire unpaid principal balance of the note shall immediately become due at the option of the City. Since the City was named as a party to the foreclosure action, the City elected to accelerate the entire loan balance against the homeowner. Further, the City incurred costs in filing a cross-claim and defending the foreclosure action. Resolution of the City’s cross-claim is independent of the dismissal of the underlying action. The following options are available to the City: 1. Dismiss the cross-claim; 2. Proceed to obtain a Final Judgment on the cross-claim; or 3. Seek to recover attorney’s fees from the homeowner, in exchange for the City agreeing to voluntarily dismiss the cross-claim. Please advise our office as to how we should proceed when this situation occurs. JAC:SRW H:\_GOV CLIENTS\BB 306\_900182 GM\MEMO 2012\2012-006 (Cross Claims and Voluntary Dismissal).doc 596 of 634 13. D LEGAL January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE 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: Approval of ordinances amending Charter EQUESTED CTION BY ITY OMMISSION consistent with previous Commission direction: TABLED ON DECEMBER 18, 2012 PROPOSED ORDINANCE NO. 12-020 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12-021 - SECOND READING - PUBLIC MEETING - Amending the Charter to allow a City Commissioner to retain office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12-022 - SECOND READING - PUBLIC HEARING - Amendments to current City Charter Section 19 regarding term limits; increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; 597 of 634 providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12-023 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non- substantive language, correction of grammatical and punctuation errors, deletion of provisions which are superseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. ER: The attached Ordinances, if adopted, will result in XPLANATION OF EQUEST referendum election in March, 2013 at which time the electors will be asked to consider amending the Charter. The four Ordinances cover: residence at time of election; designation of geographic boundaries; three consecutive terms and housekeeping amendments. Each Ordinance contains a ballot title and description of the proposed amendment. The deadline for the City to submit ballot language to the Supervisor of Elections for the March, 2013 election is February 8, 2013 at noon. H? The Ordinance regarding OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES boundaries reduces the number of studies from one every four years to once every ten years. FI: None ISCAL MPACT A: Allow current Charter to continue without amendment; or LTERNATIVES Modify some or all of the proposed amendments 598 of 634 ORDINANCE NO. 12-020 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE FOR THE DESIGNATION OF GEOGRAPHIC BOUNDARIES FOR EACH MUNICIPAL VOTING DISTRICT NINETY (90) DAYS AFTER THE 2020 CENSUS REPORT AND EVERY TEN (10) YEARS THEREAFTER; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SECTION 3. The Ballot Title shall be as follows: 599 of 634 PROVIDE FOR DESIGNATION OF GEOGRAPHIC BOUNDARIES FOR VOTING DISTRICTS EVERY TEN YEARS SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: The current City Charter provides for the designation of geographic boundaries for each voting district very four (4) years. Shall the Charter be amended to provide for the designation of geographic boundaries for voting districts commencing ninety (90) days after the issuance of the 2020 census report and every ten (10) years thereafter? YES____ NO____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON th BEACH, FLORIDA, ON THE FIRST READING, THIS 4DAY OF DECEMBER, 2012. th SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013. CITY OF BOYNTON BEACH, FLORIDA 600 of 634 Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:\CA\Ordinances\Ordinance - Charter Amendment (Designation of Geographic Boundaries)FINAL.doc 601 of 634 EXHIBIT "A" Section 17. Composition, election, terms, vacancies. * * * (g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the City's Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified, not later than the first day of January 2002, and every four (4) years thereafter commencing ninety (90) days after the 2020 Census report is published, and every ten (10) years thereafter, by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. A change in district boundaries which results in the City Commissioner no longer residing in the district which they represent, during the City Commissioner's term, shall not result in a disqualification for continuing to serve in office. 602 of 634 ORDINANCE NO. 12-021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER; AMENDING THE CHARTER TO ALLOW A CITY COMMISSIONER TO RETAIN OFFICE FOR THE BALANCE OF THEIR TERM IN THE EVENT A DISTRICT BOUNDARY CHANGE RESULTS IN THE COMMISSIONER NO LONGER RESIDING IN THEIR DISTRICT; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SECTION 3. The Ballot Title shall be as follows: 603 of 634 CANDIDATES FOR MUNICIPAL OFFICE SHALL RESIDE IN THE DISTRICT FOR WHICH THEY ARE SEEKING OFFICE SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: A Commissioner must reside in their district at the time of their election. The Charter makes no provision addressing a change in boundaries of districts. Shall the Charter be amended to provide that a member of the Commission be permitted to retain office until the end of their term if a boundary change results in the Commissioner no longer being a resident of the district to which they were elected? YES____ NO____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON th BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER 2012. th SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013. CITY OF BOYNTON BEACH, FLORIDA 604 of 634 Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal ATTEST: _______ Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:\CA\Ordinances\Ordinance - Charter Amendment (Residence at time of Election)FINAL.doc 605 of 634 EXHIBIT "A" Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected at the time of the election. A candidate for a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one (1) candidate for Mayor. (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her office. (d) Except as the result of a boundary change of a district, Tthe failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. (f) Commencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. (g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, 606 of 634 prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. 607 of 634 ORDINANCE NO. 12-022 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO CURRENT CITY CHARTER SECTION 19 REGARDING TERM LIMITS; INCREASING THE MAXIMUM NUMBER OF THREE YEAR TERMS FROM TWO TO THREE FOR A TOTAL OF NINE YEARS THAT A MEMBER OF THE COMMISSION CAN SERVE CONSECUTIVELY; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; AUTHORIZING RENUMBERING OF CHARTER SECTION 19; PROVIDING FOR CONFLICTS, SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: Sec. 19. Terms of elective offices. (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office or combination of offices for more than nine (9) years or three 608 of 634 (3)two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. SECTION 3. The Ballot Title shall be as follows: AMENDING CHARTER TO PROVIDE FOR CITY COMMISSION TERM LIMITS OF THREE CONSECUTIVE THREE YEAR TERMS SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: Members of the City Commission (Mayor or Commissioner) are now limited to two (2) three-year consecutive terms. Should the Charter be amended to allow for three (3) three-year consecutive terms? YES____ NO____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. 609 of 634 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON TH BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER, 2012. TH SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) S:\CA\Ordinances\Ordinance - Charter Amendment (Three Consecutive Terms)FINAL.doc 610 of 634 ORDINANCE NO. 12-023 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE FOR RENUMBERING, REVISIONS TO ELIMINATE INEFFECTIVE NON-SUBSTANTIVE LANGUAGE, CORRECTION OF GRAMMATICAL AND PUNCTUATION ERRORS, DELETION OF PROVISIONS WHICH ARE SUPERSEDED OR PREEMPTED BY STATE LAW, AND REORGANIZED TO CONSOLIDATE RELATED SUBJECT MATTERS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE 611 of 634 SECTION 3. The Ballot Title shall be as follows: ADOPT REVISED CHARTER TO DELETE OBSOLETE CHARTER PROVISIONS AND PROVIDE FOR NON- SUBSTANITVE CHANGES SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: Shall the Charter be renumbered and revised to eliminate ineffective language, fix grammatical errors, delete provisions which are superseded or preempted by state law, and reorganized to consolidate related subject matters? YES____ NO____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON TH BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF DECEMBER, 2012. TH SECOND, FINAL READING AND PASSAGE this 15 DAY OF JANUARY 2013. 612 of 634 CITY OF BOYNTON BEACH, FLORIDA Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal ATTEST: Janet M. Prainito, MMC, City Clerk (Corporate Seal) H:\_GOV CLIENTS\BB 306\_900182 GM\ORD\Ordinance - Charter Housekeeping Amendments (2012)FINAL.doc 613 of 634 Sec. 1. Reserved Sec. 2. Title to property reserved. That the rights, title, ownership of property, uncollected taxes, dues, claims, judgments, decree, choses in action, held and owned by the municipality of the City of Boynton Beach, County of Palm Beach, State of Florida, shall pass to and be vested in the new municipal corporation hereby created and established to succeed such municipality. Sec. 3. Obligations unimpaired. That the present territory which is responsible for the bonds, contracts, judgments, and debts of the City of Boynton Beach and all property included therein shall be held responsible for and be bound for all of said bonds, contracts, judgments, and debts now held against said city. That no obligations or contracts of said municipality hereby abolished, including bonds heretofore issued, or any proceeding heretofore begun for any improvement, or for the borrowing of money, or issuing of bonds, or for the refunding of bonds, shall be impaired or avoided by this Act. Sec. 4. Officers hold until successors qualify; existing laws continued. That all the officers heretofore elected or appointed and holding office under the old City of Boynton Beach, Palm Beach County, Florida, shall continue to hold their respective offices and to discharge the duties thereof until their successors are elected and qualified under the provisions of this Act; and all existing laws and ordinances of the said municipality not in conflict with the provisions of this Act shall continue unimpaired and of binding effect until repealed, amended or modified by the municipality hereby created and organized. Sec. 15. Establishment of new municipality. The Municipality to be known and designated as the City of Boynton Beach is hereby established, organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever. Sec. 215. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of Section 23 of this Charter and shall then proceed to select the officers and employees, designated in Section 49 of this Charter. 614 of 634 Formatted: Justified Formatted: Justified Sec. 317. Composition, election, terms, vacancies. * (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year Formatted: Justified prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected. A candidate for a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one (1) candidate for Mayor. (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commis-sioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of thethis City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her office. (d) The failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. (f) Commencing with the regular City election in March 2001, cCandidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. (g) Geographic boundaries for each voting district are established pursuant to the City's Code of Ordinances. Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts 615 of 634 shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. Sec. 418. Judges of own qualifications, rules of procedure; expulsion of members; quorum; fines and penalties. The City Commission shall be the judges of the qualifications, election and returns of its own members: it may enact rules of procedure and may prescribe penalties for the non-attendance or disorderly conduct of its members, and enforce the same. Four-fifths of its members concurring, it may expel a member for improper conduct in office. A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of any business; but a smaller number may adjourn from time to time, and under the provisions of ordinances or rules of procedure may compel the attendance of the absent members by the imposition of fines or penalties. Sec. 519. Terms of elective offices. * (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. Sec. 620. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. Sec. 721. Authority to contract; execution; attestation and seal. The Commission shall have the power to enter into contracts on behalf of the City. All contracts shall, and when so entered into, the same shall be attested by the City Clerk with the seal of the City thereunto affixed thereto. Sec. 822. Frequency, date of regular meetings; special meetings; rules of procedure. Formatted: Font: Not Bold 616 of 634 (a) The Commission shall hold its meetings as the Commission deems necessary. as often as twice each month, or it may hold more than two (2) regular meetings each month if prescribed by resolution. Should any scheduled City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working day. (b) The Mayor, or any three members of the City Commission may call special meetings of the City Commission, upon written notice to each member served personally or left at the usual place of residence. All regular and special meetings of the City Commission shall be open to the public. The City Commission shall determine its own rules and order of business. Sec. 923. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. Sec. 1024. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of this Charter with respect to theSections 17 and 23 for the election of a Mayor. The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. Sec. 2049. General provisions. 617 of 634 Administrative officers, departments and agencies. (a) The government of the City shall be carried on by the Mayor and City Commission. They City Commission shall appoint a City Manager, who shall serve as the City's chief executive officer, and a City Attorney, both of whom shall serve at the pleasure of the City Commission. There shall also be such other departments and agencies as may be established from time to time by ordinance and as may be prescribed by ordinances adopted by the City Commission. All other City employees shall be hired, appointed and discharged by the City Manager, with only the appointment or discharge of Assistant City Managers subject to confirmation by the City Commission. Supervision by City Manager. (b) Each department, office and agency under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of Commission, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them or may combine the functions of any offices specified in this Charter which may be appointed by him. Commission/Manager integration with administration. (c) The City Commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the Manager, when such dealings involve giving orders or making requests for services to any such officer or employee. All employees and officers shall be permitted to provide information to any Commissioner or member of the public upon request. Sec. 2155. Compensation of Mayor and City Commission. Each member of the City Commission, including the member who serves as Mayor shall receive salaries as follows: (a) Effective April 1, 2005, the Mayor shall receive an annual salary of $18,000, paid in equal monthly installments; (b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive an annual salary of $15,000 annually, paid in equal monthly installments; and (c) The compensation of the Mayor and the Commissioners shall be adjusted annually in April in each year to reflect increase in the consumer price index. Sec. 2257. City Attorney—Appointment, term, function. The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as City Attorney, who shall hold office during the pleasure of the Commission, and act as the legal advisor to, and attorney and counselor for, the Municipality and all of its officers in matters relating to their official duties. Sec. 2358. City AttorneySame—Duties. The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned, or shall endorse on each his approval of the form, language and execution thereof; and no contract with the municipality shall be binding upon the municipality until his approval is so endorsed thereon. 618 of 634 When required by the Commission, he shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. He shall furnish the Commission, or the City Clerk, his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws of the State, not inconsistent with this Charter. Sec. 2459. City AttorneySame—Compensation. The City Commission may, from time to time, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this Charter and by the Commission; provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as the Commission may see fit to provide. Sec. 70. Bond for tax collector, treasurer, police chief and depositories. The Tax Collector, Treasurer, and Chief of Police, and City Depositories, shall each give such bond for the faithful discharge of their respective duties, and for the protection of City deposits as may be prescribed by the City Commission, and the City Commission shall have authority to require any other officer to give bond and fix the amount thereof. Sec. 72.2. Status of present employees. Any person holding a position in the classified service when this act [article] takes effect*, who shall have served in such position for a period of at least twelve (12) months, shall be retained without preliminary or performance tests and shall thereafter be subject in all other respects to the provisions of this act [article]. All other persons in the classified service at the time this act [article] takes effect shall be considered as having been given probationary appointment from the time of their employment. Sec. 40138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adopted by the City Commission, and in conformance with applicable state law, andby proclamation of the Mayor; published in a newspaper of general circulation published in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 619 of 634 Sec. 41139. General and run-off elections. A special election for any purpose shall be held as provided in the Charter or by ordinance not inconsistent herewith. In every election to any office, the candidate receiving the highest percentage of the vote in excess of thirty-five (35%) percent of the votes validly cast shall be declared elected. If, in any election, no candidate receives in excess of thirty-five (35%) percent of the vote in the first election, a second election, limited to the two (2) candidates receiving respectively the highest and the next highest number of votes in the first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate receiving the higher number of votes in the second election shall be declared elected. For purpose of transition from November to March elections, any municipal officer whose term of office would expire in November will have their term extended until the following March. Sec. 42141. Regular municipal election, date; qualification of electors for Commissioners; method of holding elections, special elections. Regular municipal elections shall be held on the second Tuesday in March of the calendar year. In the event a run-off election is required as specified in this CharterSection 139 hereof, said election shall be held on the fourth Tuesday in March of the calendar year. The City Commission shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. Sec. 43142. Registration officer and registration. The City Clerk shall be the registration officer of the City and said clerk, or his/her duly appointed deputies, shall register all persons applying to him/her whose names are not already borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose, such registrations shall be received during normal business hours, or at such other times as designated by the City Commission, at the office of the City Clerk or at such other places within the City limits when duly designated by the City Commission.* Registrations shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. Sec. 44143. Arrangements by City Commission; inspectors and clerks, appointment. The City Commission shall make all necessary arrangements for holding all municipal election(s) and shall declare the result thereof. The Supervisor of Elections Inspectors and clerks of elections shall be appointed inspectors and clerks by the City Commission, but if the City Commission shall fail to appoint them at least two (2) days before the date of any election, the Mayor may appoint them. In the event that both of these plans fail to secure inspectors and clerks for any election, the City Clerk shall make the appointments on the day of the election. (Laws of Fla. 1947, Ch. 24398, § 136; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) 620 of 634 Sec. 45144. Polls, opening and closing; vVoting results, certification, canvass of returns, declaration of results; tie vote. The polls shall open at sunrise and close at sunset.* The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the Supervisor of Elections, or their designeeclerks and the majority of the inspectors of the election, one copy to be delivered to the Mayor, and the other to the City Clerk, both of whom shall transmit such returns to the City Commission at a called meeting to be held not later than fourteen (14) daysthree days after such election. Prior toAt such meeting the Supervisor of ElectionsCity Commission shall canvass the returns, and in the absence of a declaration of a contest by any of the candidates in such election, shall declare the result of the election as shown by the returns made by clerks and inspectors for said election. A tie between two (2) or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Sec. 50147. Initiative petition of proposed ordinances—Required signatures, etc. Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Commission by a petition, signed by at least twenty-five per cent of the total number of registered voters in the City. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full and shall have printed or written thereon the names of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purposes hereinafter named. Each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures of any such petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. Sec. 51148. Initiative PetitionSame—Filing with City Clerk, submission to City Commission. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty days of the first signature thereon, and when so filed the City Clerk shall submit the same to the City Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. Sec. 52149. Initiative PetitionSame—Action of City Commission; referendum. The City Commission shall at once proceed to consider such petition and shall take final action thereon within thirty days after the date of submission. If the City Commission rejects any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Commission to pass said ordinance, to be published in a newspaper of general circulation published in the City of Boynton Beach, and the City Commission shall at once proceed to submit the passage of the ordinance to the majority vote of the qualified electors of the City voting in such election. If a 621 of 634 regular or special election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be called for such submission. At least ten days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the city. Sec. 53150. Initiative PetitionSame—Offending ordinance suspended. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the demands of the petition shall have been carried out. Sec. 54151. Initiative PetitionSame—Form of referendum ballot. Referendum elections shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: ___________________________________________ FOR THE ORDINANCE ___________________________________________ ___________________________________________ AGAINST THE ORDINANCE ___________________________________________ The voter shall express himself by placing a cross X mark to the right of the line indicating his desire in the matter. Sec. 55152. Initiative PetitionSame—Vote required to amend or repeal. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the city, provided that no later than fifteen days before such election the City Commission shall cause notice of such reference to be published in a newspaper of general circulation published in the City of Boynton Beach, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the City. Sec. 56153. Initiative PetitionSame—Duty of City Attorney to draft ordinance and advise upon. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. 622 of 634 Sec. 60155. Officers hold until successors qualify; ordinances continued. All officers theretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof until their successors are elected and qualified under the provisions of this Charter; and all existing ordinances shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is hereby incorporated. Sec. 170. Authorized. The City of Boynton Beach may from time to time enter into such contracts and lease agreements of portions of the Municipal Beach property, being in the Town of Ocean Ridge, Palm Beach County, Florida, for the providing of recreational facilities upon the terms and conditions as the City Commission may deem to be in the best interest of the City. All such leases shall be subject to the rights of the public at all times, to use the public bathing beach. * These sections are the subject of separate charter referendum questions. The language changes in the other charter referenda, if adopted, shall supersede the language in these sections. H:\_GOV CLIENTS\BB 306\_900182 GM\ORD\City of BB Charter 2012(11-9-12)FINAL.docx Formatted: Font: 8 pt 623 of 634 13. E LEGAL January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-002 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amending Sections 17 and 139 of the Charter consistent with Commission direction ER: Amending the Charter to provide for the adoption of a revised XPLANATION OF EQUEST city charter; to provide for a candidate to be elected upon receiving fifty percent (50%) plus one of the votes validly cast in an election; providing for a notice of an advertisement of the referendum election to be published in accordance with the state of Florida Election Code; providing that this ordinance, when adopted, shall be submitted to the qualified electors of the city of Boynton Beach, Florida, on the March, 2013 general municipal election ballot. The attached ordinance, if adopted, will result in referendum election in March, 2013 at which time the electors will be asked to consider amending the Charter. This ordinance covers the change in run-off elections from 35% to provide for a candidate to be elected upon receiving fifty percent (50%) plus one of the votes. The deadline for the City to submit ballot language to the Supervisor of Elections for the March, 2013 election is February 8, 2013 at noon. Second reading of this ordinance will be on February 5, 2013 in order to submit the ballot language to the Supervisor of Elections timely. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The cost of a run-off election for Mayor would be approximately ISCAL MPACT $60,000 and the cost of a run-off election for a commission seat would be approximately $25,000 - $30,000. 624 of 634 A: Allow current Charter to continue without amendment; or LTERNATIVES Modify some or all of the proposed amendment. 625 of 634 ORDINANCE NO. 13-002 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE FOR A CANDIDATE TO BE ELECTED UPON RECEIVING FIFTY PERCENT (50%) PLUS ONE OF THE VOTES VALIDLY CAST IN AN ELECTION; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SECTION 3. The Ballot Title shall be as follows: PROVIDE FOR 50% PLUS ONE OF THE VOTES IN ORDER TO BE ELECTED 626 of 634 SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: The current City Charter provides for a runoff election when a candidate with the highest number of votes receives less that 35% of the votes cast. Should the Charter be amended to require that a winning candidate receive fifty percent (50%) plus one of the votes cast in an election even if a runoff election is required? YES____ NO____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the March, 2013 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON th BEACH, FLORIDA, ON THE FIRST READING, THIS 15 DAY OF JANUARY 2013. SECOND, FINAL READING AND PASSAGE THIS _____ DAY OF _________________, 2013. CITY OF BOYNTON BEACH, FLORIDA 627 of 634 Mayor – Woodrow L. Hay _____________________________________ Vice Mayor – Mack McCray _____________________________________ Commissioner – Jerry Taylor _____________________________________ Commissioner – Steven Holzman _____________________________________ Commissioner – Wayne Segal ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 628 of 634 EXHIBIT "A" Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected. A candidate for a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one (1) candidate for Mayor. (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35%fifty percent (50%) plus one rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her office. Section 139. General and run-off elections. A special election for any purpose shall be held as provided in the Charter or by ordinance not inconsistent herewith. In every election to any office, the candidate receiving the highest percentage of the vote in excess of fiftythirty-five (3550%) percent plus one of the votes validly cast shall be declared elected. If, in any election, no candidate receives in excess of thirty-five fifty (5035%) percent plus one of the vote in the first election, a second election, limited to the two (2) candidates receiving respectively the highest and the next highest number of votes in the first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate receiving the higher number of votes in the second election shall be declared elected. 629 of 634 14. A FUTURE AGENDA ITEMS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Old High School Development Agreement - EQUESTED CTION BY ITY OMMISSION 02/05/13 ER: In December 2012 the City Commission approved the XPLANATION OF EQUEST Purchase and Sale Agreement for the Old High School. Staff is currently working on the Developer’s Agreement for this project. The agreement will be brought before the City Commission on 2/5/13. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 630 of 634 14. B FUTURE AGENDA ITEMS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear update from Christ Fellowship Church EQUESTED CTION BY ITY OMMISSION regarding their move into Boynton Beach Mall - 02/05/13 ER: Representatives from the church will present an update to XPLANATION OF EQUEST the City Commission on their scheduled move into Boynton Beach Mall. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 631 of 634 14. C FUTURE AGENDA ITEMS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Schedule Closed Door Session to discuss pension EQUESTED CTION BY ITY OMMISSION as it relates to collective bargaining - TBD ER: Staff recommends scheduling the closed door session after XPLANATION OF EQUEST the March election at which time a new Commission will be seated. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 632 of 634 14. D FUTURE AGENDA ITEMS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Report from Police Department on City-wide crime EQUESTED CTION BY ITY OMMISSION statistics - 02/05/13 ER: Per the request of Vice Mayor Mack McCray, the Police XPLANATION OF EQUEST Department is preparing a comprehensive overview of the city’s crime statistics (citywide) for 2012. A report and presentation will be made at the 2/5/13 Commission meeting. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 633 of 634 14. E FUTURE AGENDA ITEMS January 15, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: January 15, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Seaborne Cove Development traffic update - EQUESTED CTION BY ITY OMMISSION 02/05/13 ER: Per the direction of the Commission, this item will be XPLANATION OF EQUEST brought back before the Commission for continued discussion of traffic on Old Dixie Hwy. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 634 of 634