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Agenda 04-16-13 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, APRIL 16, 2013 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 514 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Casello D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim April 22, 2013 as Earth Day and April 22, 2013 through April 26, 2013 as Earth Week. B. Proclaim April 23, 2013 Arbor Day in the City of Boynton Beach. C. Proclaim May 4 - 12, 2013 as National Travel and Tourism Week. Accepting the proclamation is Jorge Pesquera, President & CEO of the Palm Beach County Convention & Visitors Bureau. D. Proclaim the week of April 21 to April 27, 2013, as National Preservation Week E. Proclaim the month of May 2013 as National Mental Health Month. Accepting the proclamation is Gerda Klein, Chairperson of the Boynton Beach Mental Health Initiative. F. Announce the Ocean Avenue Concert for Friday, April 19, 2013 G. Announce the Movies on the Ave film for May 3, 2013 H. Announce "Sunday in the Park", located at Ocean Ave. Park on Sunday, May 5, 2013 I. Announce the Ocean Avenue Concert for Friday, May 17, 2013 J. Announce the Let’s Move Boynton Walk on Wednesday, April 24th at 5:00 pm beginning at the Boynton Beach Amphitheatre located at 129 East Ocean Avenue. 3 of 514 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE PROPOSED RESOLUTION NO. R13-029 A. - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) PROPOSED RESOLUTION NO. R13-030 B. - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program PROPOSED RESOLUTION NO. R13-031 C. - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization PROPOSED RESOLUTION NO. R13-032 D. - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities E. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 alternate Code Compliance Board: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 1 regular and 2 alternates 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments 4 of 514 PROPOSED RESOLUTION NO. R13-033 A. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Ridge Grove Association for the property at 7961 Overlook Rd, Lantana, FL. PROPOSED RESOLUTION NO. R13-034 B. - Assess the cost of nuisance abatement on the property located at 2651 NW 2nd Street which is located within the City of Boynton Beach C. Approve the Bid for "ANNUAL CONTRACT FOR HARDWARE SUPPLIES AND ELECTRICAL COMPONENTS" Bid # 035-1412-13/MFD to the following six (6) companies: Electrical Access Specialist, Erin Electrical Enterprises, Graybar Electric Company, HD Supply Power Solutions, Miller Bearings and World Electric Supply on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $90,000.00. D. Approve the purchase of 47 Dell OptiPlex Desktop Computers and five software kits from the Dell Corporation for the City Library utilizing State Contract # 250-000-09-1 in the amount of $38,433.62 using State Aid to Public Libraries Grant Funding. E. Approve the vehicle/equipment submitted by the Public Works /Fleet Maintenance for disposal. PROPOSED RESOLUTION NO. R13-035 F. - Approve request for Short Sale - David & Alexis Massey G. Approve the minutes from the Regular City Commission meeting held on March 19, 2013 H. Accept the written report to the Commission for purchases over $10,000 for the month of March 2013. PROPOSED RESOLUTION NO. R13-036 I. - Approve and ratify the Collective Bargaining Agreement for the Blue Collar unit between the SEIU Florida Public Services Union, CTW, CLC and the City. PROPOSED RESOLUTION NO. R13-037 - Approve and ratify the Collective Bargaining Agreement for the White Collar unit between the SEIU Florida Public Services Union, CTW, CLC and the City. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R13- 038 A. - (1) Approve a contract with Rohl Networks, LLP of Jupiter, Florida for the Base Bid of the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL in the amount of $68,795.00, and for the Alternative Bid in the amount of $101,191.00 for a total of $169,986.00; and 5 of 514 (2) Authorize an additional 10% contingency of $16,998.00, if needed, for staff approval of change orders for unforeseen conditions without further approval by the City Commission provided the total contract price plus contingency ($186,984.00) is not exceeded. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlements in case of Nick Fuette v. City of Boynton Beach. B. Approve negotiated settlement in case of Lauren E. Wilcock v. City of Boynton Beach. C. Approve negotiated settlement in case of Floyd Selleck v. City of Boynton each. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission . PROPOSED ORDINANCE NO. 13-007 - FIRST READING A. - Approve abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. 10. CITY MANAGER’S REPORT A. Authorize the addition of four (4) Records Technician positions to FY 12/13 Budget 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 13-008 - FIRST READING A. - Approve Ordinance amending Chapter 2, Article XVIII, "Financial Advisory Committee", by amending the number of regular members and requiring all regular members to have one of the qualifications listed. 6 of 514 14. FUTURE AGENDA ITEMS A. Discuss renovation and/or relocation of Police Headquarters and City Hall Campus - May 7, 2013 B. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan Implementation - May 21, 2013 C. Update on Utilities CAP Fees - May 21, 2013 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 514 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P FAI NNOUNCEMENTSRESENTATIONSUTURE GENDA TEMS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 UB IDS AND URCHASES OVER NFINISHED USINESS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim April 22, 2013 as Earth Day and April 22, EQUESTED CTION BY ITY OMMISSION 2013 through April 26, 2013 as Earth Week. ER: The first Earth Day was celebrated on April 22, 1970, with XPLANATION OF EQUEST the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation’s natural resources. April 22, 2011 marks the forty-third anniversary of Earth Day. This unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event. H? This Proclamation will help raise OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public awareness about Earth Day and our need to take a proactive role in shaping the future of our environment and protecting our natural resources. The City’s Sustainability Team has coordinated events and presentations throughout the Earth Week celebration. The following is a list of events throughout the week: MONDAY, APRIL 22 Green Art, 4:30 pm City Library, 208 S. Seacrest Blvd., Boynton Beach Learn about the importance of reducing, reusing and recycling and demonstrate how to use kinetic energy as a power source from the City of Boynton Beach Sustainability Team. Children will make a kinetic mobile to take home 8 of 514 The Environment and Our Community: Process and Practices, 6:00 - 8:00 pm City Library, 208 S. Seacrest Blvd., Boynton Beach Hear presentations on Legacy Projects and their impact on communities TUESDAY, APRIL 23 Arbor Day, 9:15 am Oceanfront Park, 6415 North Ocean Boulevard, Boynton Beach Students from St. Mark’s Catholic Church will learn how to properly plant and care for trees. WEDNESDAY, APRIL 24 Hard Hat Tour of Galaxy Elementary School, 10:00 am th Galaxy Elementary School, 550 NW 4Avenue, Boynton Beach Tour the greenest school in the Galaxy, the new Galaxy E3 Choice School, which is will open its doors August 2013 as the first LEED Platinum-certified new public elementary school campus in Florida. Let’s Move Boynton!, 5:00 pm Ocean Avenue Amphitheatre, 129 E. Ocean Avenue, Boynton Beach Start with warm exercises at the Amphitheatre and then join others on a 2-mile walk down beautiful Ocean Avenue to the Oceanfront Park and back. Sundance Film, “Climate Refugees”, 5:30 pm-8:30 pm City Library, 208 S. Seacrest Blvd., Boynton Beach This is a unique opportunity to learn about the important topic of climate change. The film, “Climate Refugees”, four years in the making, is changing the way the world is looking at climate change THURSDAY, APRIL 25 In and Around the Mangroves, 8:30 am -10:30 am The Mangrove Park and Mangrove Walk at the Marina (St. Mark’s Place, 643NE4th , Ave. Boynton Beach Learn about the Mangrove and why they are important to the City’s environment and habitat, as well as environmental art and windmills. FRIDAY, APRIL 26 Cycle Party Adventure, 5:30 pm-7:00 pm and 8:00 pm-10:00 pm City Hall Parking Lot, Northeast Corner of Seacrest Blvd. and East Ocean Avenue, Boynton Beach Cost: $35, plus tax (requires a minimum of 6 participants) Cycle Party is a 100% green, pedal powered party on four wheels! ndth Each day during Earth Week (April 22 through April 26): Wildlife at the Golf Course Display The Links at Boynton Beach will display a presentation board depicting the City’s municipal golf course participation in the Audubon Cooperative Sanctuary Program and photos featuring wildlife that inhabit the City’s golf course. Ride Your Bike to Work Week City employees will ride bicycles to work instead of driving their private automobiles. Special Thanks to the Sustainability Team Earth Week Committee: Chris Roschek Alan Karjalainen Eleanor Krusell Kevin Hallahan Gigi Hart Jessica Glenn 9 of 514 Glenda Hall Debbie Majors Nancy Byrne Scott Wahlin Debby Coles-Dobay Eric Johnson FI: None ISCAL MPACT A: Not present Proclamation. LTERNATIVES 10 of 514 P R O C L A M A T I O N WHEREAS, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation’s natural resources; and WHEREAS,April 22, 2013 marks the forty-third anniversary of Earth Day, this unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event; and WHEREAS, it is the responsibility of each of us to safeguard the environment, by recognizing that all human life depends upon the Earth and upon one another for our mutual existence, well- being and development. We all deserve clean air, clean water and a healthy ecosystem; and WHEREAS, the steps we can take to protect and preserve our natural environment through education, partnerships and positive actions should be encouraged in the City of Boynton Beach; and WHEREAS, the citizens of Boynton Beach are committed not only to the protection and preservation of our environment, but also to the restoration of ecosystems and habitat; and WHEREAS, Boynton Beach citizens, staff and elected officials are working closely with federal, state, and local governments and with non-governmental organizations, to develop and implement regulations and ordinances specifically designed to preserve and improve Boynton Beach’s fragile ecosystems and the quality of life therein; and WHEREAS, Boynton Beach proudly recognizes all who participate in Earth Day, for their dedication to taking a proactive role in shaping the future of our environment and in protecting Boynton Beach’s precious natural resources. NOW THEREFORE, I, Mayor of the City of Boynton by virtue of the authority vested in me as Beach, FL do hereby proclaim the week of April 22, 2013, as EARTH WEEK in Boynton Beach and urge all our citizens to be mindful of local state and national laws which protect our environment and to join in efforts to preserve the beauty and wonder of the lands, skies and water of the Earth in all its diversity. IN WITNESS WHEREOFIJerry Taylor , , have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 16th day of April, 2013. ________________________ Jerry Taylor, Mayor ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk 11 of 514 (Corporate Seal) 12 of 514 For Immediate Release City of Boynton Beach PO Box 310, Boynton Beach, FL 33435 www.boynton-beach.org Contact: Eleanor Krusell, Communications Manager KrusellE@bbfl.us Phone: 561-742-6018 (office) Cell: 561-859-3597 (cell) THE CITY OF BOYNTON BEACH CELEBRATES EARTH WEEK IN A BIG WAY April 22 - 26 BOYNTON BEACH, FL --- The City of Boynton Beach is celebrating Earth Week in a BIG way. An entire week of ten community development and environmental protection activities have been planned for the public. The City is one of over 22,000 global communities that participate in the Earth Day Network as a way to engage with constituents locally and participate in an exchange of environmental visions, concepts and learning. The goal of the City is to secure a sustainable future. All activities are free of charge, with the exception of the Cycle Party on th Thursday, April 26. MONDAY, APRIL 22 Green Art, 4:30 pm City Library, 208 S. Seacrest Blvd., Boynton Beach Learn about the importance of reducing, reusing and recycling and demonstrate how to use kinetic energy as a power source from the City of Boynton Beach Sustainability Team. Children will make a kinetic mobile to take home. The Environment and Our Community: Process and Practices, 6:00 - 8:00 pm City Library, 208 S. Seacrest Blvd., Boynton Beach Hear presentations on Legacy Projects and their impact on communities; organic, wellness and health; how to achieve your full potential; LEED Platinum sustainable Galaxy E3 Elementary School and its engineering, environment and energy education program; EcoArt projects and Kinetic Wind Turbines. TUESDAY, APRIL 23 Arbor Day, 9:15 am Oceanfront Park, 6415 North Ocean Boulevard, Boynton Beach Students from St. Mark’s Catholic Church will learn how to properly plant and care for trees. Under the direction of the of the City’s Forester Environmentalist, Kevin Hallahan and Glenda Hall, Forest & Ground Manager, they will plant 6 trees; one an Orange Geiger tree donated by the Boynton Beach Garden Club in memoriam of Garden Club members. Students will create th temporary hanging nametags for the trees they plant. This is the City’s 30 year for celebrating Arbor Day and part of maintaining its Tree City USA status. WEDNESDAY, APRIL 24 Hard Hat Tour of Galaxy Elementary School, 10:00 am th Galaxy Elementary School, 550 NW 4Avenue, Boynton Beach Tour the greenest school in the Galaxy, the new Galaxy E3 Choice School, which is will open its doors August 2013 as the first LEED Platinum-certified new public elementary school campus in Florida. Platinum is the highest level of LEED certification (Leadership in Energy and Environmental Design), which recognizes buildings’ compliance to design, construction and 13 of 514 operations according to environmentally friendly practices and standards. The school will feature DaVinci Studios, Wonderment Center, four science labs that will focus on the curriculum themes of energy, environment, engineering and computers. In addition to the new school, a four acre natural habitat that, through a partnership with the City of Boynton Beach, will become part of the science curriculum. Plans also include a recharging center and preferred parking on campus for electric cars. Page 2 City of Boynton Beach Earth Week PR Let’s Move Boynton!, 5:00 pm Ocean Avenue Amphitheatre, 129 E. Ocean Avenue, Boynton Beach Start with warm exercises at the Amphitheatre and then join others on a 2-mile walk down beautiful Ocean Avenue to the Oceanfront Park and back. All participants receive a free t-shirt! “Let’s Move: Commit to Change” is a county-wide event sponsored by WPEC- TV 12 and Palm Healthcare Foundation. Sundance Film, “Climate Refugees”, 5:30 pm-8:30 pm City Library, 208 S. Seacrest Blvd., Boynton Beach This is a unique opportunity to learn about the important topic of climate change. The film, “Climate Refugees”, four years in the making, is changing the way the world is looking at climate change. For the first time, the Pentagon now considers climate change a national security risk and the term climate wars is being talked about in war-room like environments in Washington D.C. “Climate Refugees” will forever change the way the future of our planet is viewed. Erin Deady, P.A., Deady Law; Sheridan Truesdale, Senior Planner at Palm Beach County Emergency Management; Bradley D. Miller, AICP, Principal of Miller Land Planning; and Jayantha Obeysekera, HESM, South Florida Water Management District will lead a panel discussion. The Palm Beach County Planning Congress will make CM credits available. THURSDAY, APRIL 25 In and Around the Mangroves, 8:30 am -10:30 am The Mangrove Park and Mangrove Walk at the Marina (St. Mark’s Place, 643 NE 4th Ave., Boynton Beach Learn about the Mangrove and why they are important to the City’s environment and habitat, as well as environmental art and windmills. St. Mark Catholic School’s students will share information about The Mangrove Park and Mangrove Walk at the Marina, including such topics as invasive species, fish predators, oysters, sea turtles, real time data, crabs, rays, Green Tunes, the Master Plastic Baggie Monster – The Green Team, Wind Energy of Pete’s Pond and the “Island of Tiki People” environmental art. Participants will rotate from station to station approximately every 10 minutes. FRIDAY, APRIL 26 Cycle Party Adventure, 5:30 pm-7:00 pm and 8:00 pm-10:00 pm City Hall Parking Lot, Northeast Corner of Seacrest Blvd. and East Ocean Avenue, Boynton Beach Cost: $35, plus tax (requires a minimum of 6 participants) Cycle Party is a 100% green, pedal powered party on four wheels! Cycle Party carries 15 riders and a driver; 10 guests pedal and 5 get to ride in comfort and lounge. The Cycle Party will travel down the Avenue of the Arts and will stops at some establishments along the way such as the Little House, Backyard, Two Georges and/or Hurricane along the route. Participants must be at 14 of 514 least 18 years old. For more information, visit www.cycle-party.com. To register, call 786-258- 8832 or email chris@cycle-party.com. ndth Each day during Earth Week (April 22 through April 26): Wildlife at the Golf Course Display The Links at Boynton Beach will display a presentation board depicting the City’s municipal golf course participation in the Audubon Cooperative Sanctuary Program and photos featuring wildlife that inhabit the City’s golf course. Ride Your Bike to Work Week City employees will ride bicycles to work instead of driving their private automobiles. For more information on the City of Boynton Beach’s Earth Week activities, please contact Eleanor Krusell, Communications Manager, at 561-742-6018 (office), 561-859-3597(cell) or by email at KrusellE@bbfl.us. ### 15 of 514 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim April 23, 2013 Arbor Day in the City of EQUESTED CTION BY ITY OMMISSION Boynton Beach. ER: Proclamation for Arbor Day Celebration in the City of XPLANATION OF EQUEST Boynton Beach on April 23, 2013 at Ocean Front Park H? It will build awareness of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES importance of trees; improve the environment while enhancing Ocean Front Park by providing shade. FI: $900.00 for trees and staking materials ISCAL MPACT A: This celebration is necessary as one of the requirements of being a LTERNATIVES Tree City USA. 16 of 514 Proclamation , in 1872 J. Sterling Morton proposed to the Nebraska Board of WHEREAS Agriculture that a special day be set aside for the planting of trees; and this holiday, called Arbor Day, was first observed with the planting of WHEREAS, more than a million trees in Nebraska; and , Arbor Day is now observed throughout the nation and the world; and WHEREAS , trees can reduce the erosion of our precious topsoil by wind and water, WHEREAS cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and , trees are a renewable resource giving us paper, wood for our homes, WHEREAS fuel for our fires and countless other wood products; and , trees in our City increase property values, enhance the economic vitality WHEREAS of business areas, and beautify our community; and , trees, wherever they are planted, are a source of joy and spiritual WHEREAS renewal. , I, Jerry Taylor, by virtue of the authority vested in me as NOW, THEREFORE Mayor of the City of Boynton Beach, Florida, hereby proclaim April 23, 2013 as: ARBOR DAY in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and , I urge all citizens to plant trees to gladden the hearts and promote the FURTHER well-being of present and future generations. , I have hereunto set my hand and caused the Seal of the IN WITNESS WHEREOF th City of Boynton Beach, Florida to be affixed this 16 day of April in the Year 2013. ________________________________ Jerry Taylor, Mayor ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 17 of 514 18 of 514 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim May 4 - 12, 2013 as National Travel and EQUESTED CTION BY ITY OMMISSION Tourism Week. Accepting the proclamation is Jorge Pesquera, President & CEO of the Palm Beach County Convention & Visitors Bureau. ER: To mark this year’s National Travel and Tourism Week the XPLANATION OF EQUEST Palm Beach County Convention and Visitor’s Bureau (CVB) is joining dozens of travel supporters throughout the country in a rally on May 7, 2013. The goal of the Travel Rally Day and National Travel and Tourism Week is to create a greater appreciation of travel and tourism’s impact on our local economy and the more than 14.4 million Americans whose jobs depend on travel. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow proclamation. LTERNATIVES 19 of 514 PROCLAMATION: NATIONAL TRAVEL & TOURISM WEEK Whereas travel matters to the nation’s economic prosperity and its image abroad, to business success and to individual travelers; Whereas travel to and within the United States provides significant economic benefits for the nation, generating $1.9 trillion in economic output, with $813 billion spent directly by travelers that spurred an additional $1.1 trillion impact on other industries; Whereas travel is among the largest private-sector employers in the United States, supporting 14.4 million jobs, including 7.5 million directly in the travel industry and 6.9 million in other industries; Whereas travelers’ spending directly generated tax revenues of $124 billion for federal, state and local governments, funds used to support essential services and programs; Whereas the agencies of the Palm Beach County Tourist Development Council: Palm Beach County Convention and Visitors Bureau, Cultural Council, Sports Commission and Film Commission develop marketing and sales strategies to support tourism which as one of Palm Beach County’s largest industries generates an annual economic impact of $5 billion in the local economy, welcomes five million visitors a year, supports 45,000 industry jobs; Whereas the Palm Beach County Convention and Visitors Bureau provides the overarching brand platform and market awareness that has maintained Palm Beach County’s positive growth in tourism performance for three consecutive years; Whereas international travel to the United States is the nation’s largest single export industry – greater than the export of business services, machinery, computer and electronic products, motor vehicles and agriculture. According to the most recent statistics, travel generated $152.4 billion in exports, creating $42 billion in balance of travel trade surplus for the U.S.; Whereas leisure travel, which accounts for more than three-quarters of all trips taken in the United States, spurs countless benefits to travelers’ creativity, cultural awareness, education, happiness, productivity, relationships and wellness; Whereas travel is a catalyst that moves the national economy forward; Now, therefore, I, (Officials Name) do hereby proclaim May 4-12, 2013 as National Travel and Tourism Week in (insert City), and urge the citizens of (insert City) to join me in this special observance by wearing red on National Travel Day, May 7, 2013 as a symbol of unity among travel and tourism workers and supporters. _____________________________________ [ AFFIX SEAL ] Official’s Name 20 of 514 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the week of April 21 to April 27, 2013, as EQUESTED CTION BY ITY OMMISSION National Preservation Week ER: Libraries, museums, archives and other organizations work XPLANATION OF EQUEST every day to preserve cultural history. Billions of artifacts are held in public trust by more than 30,000 repositories in the United States of which 2.6 billion are not protected by an emergency plan. Preservation awareness is important to preserve billions of items at risk at our heritage institutions and plausibly trillions of items held by the general public. H? The Proclamation will promote OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public awareness of the Library’s archival and preservation services and increase its customer patronage. FI: N/A ISCAL MPACT A: Not allow the Proclamation. LTERNATIVES 21 of 514 PROCLAMATION WHEREAS, the first Heritage Health Index was prepared in 2004 to document the preservation needs in libraries, museums, and archives collections across the country. That survey showed that roughly 1.3 billion items need some type of treatment to reduce the risk and rate of damage to collections; WHEREAS, no one can even estimate the preservation needs in the collections of individuals, families, community groups and the community, which were not surveyed; WHEREAS, recognizing this need, the American Library Association and its Association for Library Collections and Technical Services inaugurated Preservation Week, along with national partners that include the Library of Congress, Institute of Library and Museum Services, American Institute for Conservation, Society of American Archivists, Heritage Preservation and locally with the Boynton Beach City Library; WHEREAS, Preservation Week is our opportunity to inspire action to preserve collections in libraries, archives and museums, of course; but especially the items held and loved by individuals, families, community groups and the community; WHEREAS, the memories and treasures of individuals, families, community groups and the community are essential to our understanding of history and its participants; WHEREAS, Preservation Week activities will also raise awareness of the role libraries and other cultural institutions play in providing essential preservation information; WHEREAS, during Preservation Week, April 21-27, 2013, the Boynton Beach City Library will join hundreds of libraries across the country and provide information and expertise on how to preserve collectables, photos, family records and other valuable materials; WHEREAS, no longer just a place for books, the Boynton Beach City Library is also an excellent resource for high quality information and expertise on preservation; WHEREAS, during 2013, Boynton Beach City Library will host a number of workshops to help Boynton Beach residents preserve their history beginning with “How to Preserve and Care for Your Family th Photographs” on April 27; NOW, THEREFORE, be it resolved that I, Jerry Taylor, Mayor of the City of Boynton Beach, proclaim, April 21-27, 2013 as NATIONAL PRESERVATION WEEK Inviting everyone to join the Library and participate in its efforts to preserve our community’s rich history. IN WITNESS THEREOF, I have hereunto set my hand and caused the official seal of the City of Boynton th Beach, Florida, to be affixed to this proclamation on the 16 day of April Two Thousand Thirteen. ________________________________ Jerry Taylor, Mayor ATTEST: _________________________ City Clerk (Corporate Seal) 22 of 514 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of May 2013 as National EQUESTED CTION BY ITY OMMISSION Mental Health Month. Accepting the proclamation is Gerda Klein, Chairperson of the Boynton Beach Mental Health Initiative. ER: This proclamation is being made to increase awareness and XPLANATION OF EQUEST understanding of mental health, the steps our citizens can take to protect their mental health, and the need for early identification, appropriate and accessible services for all people struggling with mental illness. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 23 of 514 PROCLAMATION WHEREAS, mental illness is recognized as a prevalent health problem in America, exceeding cancer, lung disease, heart disease and obesity combined, and early diagnosis and treatment can enable most individuals to recover and lead productive lives, and; WHEREAS, one in four adults in Palm Beach County, or more than 273,000, plus 21per cent of children and youth—cutting across socio-economic boundaries—have mental illness and nearly half of those suffer from two or more conditions simultaneously, including schizophrenia, bipolar disorder, substance abuse and depression which may result in joblessness, domestic violence, homelessness, absenteeism, divorce, bullying, school dropouts and suicide, and; WHEREAS , the capacity of mental health service providers and stakeholdlers in Palm Beach County is being severely diminished day by day as a result of economic limitations and political divisions that hinder education, early identification and access to service, and stand in the way of organizing for services, and; WHEREAS, advocates and elected officials in South County have proclaimed mental health a priority and have combined efforts to provide leadership and assistance to break the silence throughout Palm Beach County through an action alliance on mental health, and; WHEREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts, and; THEREFORE, in recognition of the continued efforts of the grass roots Boynton Beach Mental Health Initiative to promote mental health education and awareness in the greater Boynton Beach community, I, Jerry Taylor, by virtue of the authority vested in me as Mayor, do hereby proclaim May 2013 National Mental Health Month in the City of Boynton Beach and also call upon the citizens, government agencies, public and private institutions, businesses and schools in the City to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for early identification, appropriate and accessible services for all people struggling with mental illness. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton th Beach, Florida, to be affixed at Boynton Beach Florida, this 16 day of April in the Year 2013. ______________________________ Jerry Taylor, Mayor ATTEST: ____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 24 of 514 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the Ocean Avenue Concert for Friday, EQUESTED CTION BY ITY OMMISSION April 19, 2013 ER: On Friday, April 19, 2013, the Boynton Beach CRA will present XPLANATION OF EQUEST an Ocean Avenue Concert, featuring Orange Sunshine performing a tribute to the great rock hits of the 60’s & 70’s. This FREE concert will take place from 7:00 to 9:00 at the Ocean PM PM Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Local downtown restaurants will have food and drinks available for purchase. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 25 of 514 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the Movies on the Ave film for May 3, EQUESTED CTION BY ITY OMMISSION 2013 ER: On Friday, May 3, 2013, the Boynton Beach CRA and the City of XPLANATION OF EQUEST SKYFALL Boynton Beach will present a “Movies on the Ave” film screening, featuring (PG- 13). This FREE event will take place from 8:00 to 10:00 at the Ocean Avenue PM PM Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Food and drinks will be available for purchase. Please bring your folding chairs or blankets. Parking onsite, no pets please H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 26 of 514 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce "Sunday in the Park", located at Ocean EQUESTED CTION BY ITY OMMISSION Ave. Park on Sunday, May 5, 2013 ER: On Sunday, May 5, 2013, the Boynton Beach CRA presents the XPLANATION OF EQUEST Sunday in the Park Series featuring a live musical performance by the Spencer Allan Patrick Trio! This FREE event will take place at Ocean Avenue Park on the NE corner of E.Ocean th Avenue and NE 4 Street. Have Brunch or Lunch at Hurricane Alley or The Little House and enjoy the live music from 12:00 p.m. to 3:00 p.m. Bring your folding chairs or blankets to sit at the park. Ample FREE parking onsite. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 27 of 514 3. I ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the Ocean Avenue Concert for Friday, EQUESTED CTION BY ITY OMMISSION May 17, 2013 ER: On Friday, May 17, 2013, the Boynton Beach CRA will present XPLANATION OF EQUEST The People Upstairs an Ocean Avenue Concert, featuring the popular local group performing a wide range of music. This FREE concert will take place from 7:00 to 9:00 at the Ocean PM PM Avenue Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of Seacrest. Local downtown restaurants will have food and drinks available for purchase. Please bring your folding chairs or blankets and be prepared to dance the night away. Parking onsite, no pets please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – line item 02-58500-480. ISCAL MPACT A: LTERNATIVES 28 of 514 3. J ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce the Let’s Move Boynton Walk on EQUESTED CTION BY ITY OMMISSION Wednesday, April 24th at 5:00 pm beginning at the Boynton Beach Amphitheatre located at 129 East Ocean Avenue. ER: The City of Boynton Beach, in partnership with Palm XPLANATION OF EQUEST Healthcare and WPEC-Channel 12, is participating in a countywide initiative to increase physical activity during the month of April. The Let’s Move Boynton Walk is a component of this initiative; a 2-mile walk will take th place on Wednesday, April 24 at 5:00 pm. The Let’s Move Boynton Walk begins at the Amphitheatre, 129 East Ocean Avenue and travels east across the bridge to Oceanfront Park and back. Participants will receive a complimentary tee-shirt the day of the walk while supplies last. Registration will occur on site prior to the walk. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not allow announcement. LTERNATIVES 29 of 514 5. A ADMINISTRATIVE April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-029 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) ER: The Coalition of Boynton West Residents Association XPLANATION OF EQUEST (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of rd interest or concern. The meeting is held the 3 Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. H? Maintain awareness of matters of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES significance to the City. FI: None ISCAL MPACT A: The alternative to this decision would be to not make an appointment to LTERNATIVES this association. 30 of 514 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING _________________________________ AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA) and appoints _________________________________ as alternate representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ______ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA 31 of 514 ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Michael M. Fitzpatrick ___________________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - COBWRA Appt 2013.doc 32 of 514 33 of 514 5. B ADMINISTRATIVE April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-030 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program ER: The Countywide Intergovernmental Coordination Program XPLANATION OF EQUEST has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. H? Maintain awareness and have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES input into matters of inter-jurisdictional significance. FI: None ISCAL MPACT A: Not make an appointment to this organization. LTERNATIVES 34 of 514 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM AND APPOINTING __________________________ AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Countywide Intergovernmental Coordination Program and appoints _________________________ as alternate representative to the Countywide Intergovernmental Coordination Program. Section 3. That this Resolution shall become effective immediately upon passage. 35 of 514 PASSED AND ADOPTED this ______ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice-Mayor – Woodrow L. Hay ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Michael M. Fitzpatrick ___________________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - Countywide Intergovernmental Coordination Program 2013.doc 36 of 514 37 of 514 5. C ADMINISTRATIVE April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-031 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Metropolitan Planning Organization ER: The Metropolitan Planning Organization was created by XPLANATION OF EQUEST federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal bodies. The responsibilities of the MPO encompass multi- modal transportation planning and addresses short term (five-year) and long-range (20- rd year) time frames. The MPO meeting is held on the 3 Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last two hours. H? Maintain communications and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of MPO initiatives that may affect the City. FI: None ISCAL MPACT A: Not make an appointment and have no representation on the MPO LTERNATIVES Board. 38 of 514 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING __________________________ AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING ________________ AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _______________________ as a representative to the Metropolitan Planning Organization and appoints _________________________ as alternate representative to the Metropolitan Planning Organization. Section 3. That this Resolution shall become effective immediately upon passage. 39 of 514 PASSED AND ADOPTED this ______ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Michael M. Fitzpatrick ___________________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - Metropolitan Planning Organization 2013.doc 40 of 514 41 of 514 5. D ADMINISTRATIVE April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-032 - EQUESTED CTION BY ITY OMMISSION Appoint a City Commission representative and alternate to the Palm Beach County League of Cities ER: The Palm Beach County League of Cities shall advocate the XPLANATION OF EQUEST collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. H? Maintain awareness and have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES input into matters of significance to the City. FI: None ISCAL MPACT A: The alternative to this decision would be to not make an appointment to LTERNATIVES this organization. 42 of 514 RESOLUTION NO. R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING ____________________________ AS ALTERNATE REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The “WHEREAS” clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints _________________________ as a representative to the League of Cities and appoints _______________________________ as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. 43 of 514 PASSED AND ADOPTED this ______ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – David T. Merker ___________________________________ Commissioner – Michael M. Fitzpatrick ___________________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Appointments\Reso - Palm Beach County League of Cities 2013.doc 44 of 514 45 of 514 5. E ADMINISTRATIVE April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 alternate Code Compliance Board: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 1 regular and 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. 46 of 514 FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 47 of 514 48 of 514 49 of 514 50 of 514 51 of 514 52 of 514 53 of 514 54 of 514 55 of 514 56 of 514 57 of 514 58 of 514 59 of 514 60 of 514 61 of 514 62 of 514 63 of 514 64 of 514 65 of 514 66 of 514 67 of 514 68 of 514 69 of 514 70 of 514 71 of 514 72 of 514 73 of 514 74 of 514 75 of 514 76 of 514 6. A CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-033 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with Ridge Grove Association for the property at 7961 Overlook Rd, Lantana, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd and Federal Highway. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 77 of 514 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 78 of 514 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND RIDGE GROVE ASSOCIATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7961 Overlook Road, Lantana, Florida (PCN: 00-43-45-09-08- 000-1561); and WHEREAS, the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area; and WHEREAS, the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS, no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the Interim City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Ridge Grove Association, a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of April, 2013. 79 of 514 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Woodrow L. Hay – Vice Mayor _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Reso - Ridge Grove Assn Water Service Agreement.doc 80 of 514 81 of 514 82 of 514 83 of 514 84 of 514 85 of 514 86 of 514 87 of 514 88 of 514 89 of 514 6. B CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-034 - EQUESTED CTION BY ITY OMMISSION nd Assess the cost of nuisance abatement on the property located at 2651 NW 2 Street which is located within the City of Boynton Beach ER: In accordance with the Municipal Lien Procedure on file in XPLANATION OF EQUEST nd the City of Boynton Beach, the property located at 2651 NW 2 Street was cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to the property owner. There was no response within the required 30-day period. Copies of the invoice was then forwarded to the City Clerk’s Office for continuation of the procedure. The property owner was again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The property owner still has not responded to our correspondence. At this point in the procedures, authorization is requested to record a lien against this property in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to the property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owner will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. 90 of 514 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: This process allows us to place liens on the properties in order to ISCAL MPACT reimburse the City for the services that were provided when the nuisances were abated. A: The alternative would be to not place liens on the properties and not LTERNATIVES collect for the service provided. 91 of 514 RESOLUTION NO. R13- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit “A”; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and Now, therefore, be it resolved by the city commission of the city of boynton beach, Florida as follows: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT “A” Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2013, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In 92 of 514 the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________________ Commissioner – Joe Casello _____________________________ Janet M. Prainito, MMC City Clerk {Corporate Seal} 93 of 514 94 of 514 6. C CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Bid for "ANNUAL CONTRACT FOR EQUESTED CTION BY ITY OMMISSION HARDWARE SUPPLIES AND ELECTRICAL COMPONENTS" Bid # 035-1412-13/MFD to the following six (6) companies: Electrical Access Specialist, Erin Electrical Enterprises, Graybar Electric Company, HD Supply Power Solutions, Miller Bearings and World Electric Supply on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $90,000.00. : A28,2013–A27,2014 CONTRACT PERIODPRIL PRIL ER: On March 6, 2013 Procurement Services opened and XPLANATION OF EQUEST tabulated seven (7) bids for Hardware Supplies and Electrical Components. All bids were reviewed by the Warehouse Manager. It was determined to recommend this ”. award in part to six (6) companies as overall “LOW BIDDERSLast year’s expenditures were $89,385.11. The previous year’s expenditures were $77,325.84. This year’s expenditures will be an estimated $90,000. Electrical Access Specialist - 4 Items * Erin Electrical Enterprises - 91 Items Graybar Electric Company - 21 Items HD Supply Power Solutions - 51 Items Miller Bearings - 34 Items World Electric Supply - 10 Items No Award - 28 Item Total 239 Items 95 of 514 * Exceptions: The following vendor requires a minimum dollar amount per order:  Electrical Access Specialist $50.00 If an order does not meet the minimum requirement for the above vendor, purchase orders will go out for quotes with the bid vendors that offer the additional discounts. If an order meets the minimum requirement, the order will be placed with this low vendor. Items 102-158 were awarded to the second lowest bidder because the lowest bidder could not guarantee prices on these items for a full year. The following vendors included a discount of % off list for all items not listed on the bid. Electrical Access Specialist 50% Erin Electrical Enterprises 26% Graybar Electrical Company 5% HD Supply Power Solutions 10% Miller Bearings 10% World Electric Supply 15% The following vendors were not awarded due to these reasons:  Northeast Electrical was deemed non-responsive due to the fact that the vendor did not sign the non-collusion form and did not notarize the anti-kickback form. Several attempts were made to rectify this oversight with no success. The bid will be for the period of April 28, 2013 to April 27, 2014 and allow for two (2) one (1) year extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. The contract starts on April 28, 2013 because the current contract expires April 27, 2013. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of various hardware supplies and electrical components. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $90,000 A: Obtain quotes on an “as needed” basis which would not be cost LTERNATIVES effective. 96 of 514 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: March 19, 2013 SUBJECT: Hardware Electrical Bid # 035-1412-13/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The evaluating factors used were A) Pricing; B) Brand Last year’s expenditures were $89,385.11. The previous year’s expenditures were $77,325.84. The increase is due to the fact that we stock more products for the new lift station systems. This year’s expenditures will be an estimated $90,000. Please see notes for explanations Electrical Access Specialist Item(s) # 86,87,88,89 Erin Electrical Enterprises Item(s) # 21,22,23,24,25,29,60,102,103,104,105,106,107,108,109,110,111,112,113,114,115,116, 117,118,119,120,121,122,123,124,125,126,127,128,129,130,131,132,133,134,135,136, 137,138,139,140,141,142,143,144,145,146,147,148,149,150,151,152,153,154,155,156, 157,158,159,160,163,165,180,182,188,190,192,195,203,204,205,206,207,208,209,210, 211,212,214,215,217,218,219,220,239 Graybar Electric Company 97 of 514 Item(s) # 161,162,166,167,168,169,176,185,186,187,191,199,200,201,202,213,216,222,226,227, 228 HD Supply Power Solutions Item(s) # 1,2,3,4,7,8,9,11,14,17,26,34,35,36,37,38,39,40,59,61,71,81,82,83,92,93,94,95,96,97,98, 170,171,172,173,174,175,177,178,183,184,189,193,194,196,197,198,221,223,224,225 Miller Bearings Item(s) # 6,10,16,27,28,45,46,47,54,55,56,62,63,64,65,66,73,74,75,76,77,78,79,99,100,101,229, 231,232,233,234,235,236,237 World Electric Supply Item(s) # 5,69,72,84,85,90,91,181,230,238 No Bids Item(s) # 12,13,15,18,19,20,30,31,32,33,41,42,43,44,48,49,50,51,52,53,57,58,67,68,70,80,164,179 Notes Item 164 was recently changed from 10amps to 15amps. This happened after we received the proposals. I included this item in the No Bids. We will go out for quotes when the item is needed by contacting the bid vendors that offer the additional discount. Items 102 – 158 were not awarded to HD Supply Power Solutions because they could not guarantee the prices for a full year. We awarded these items to the next lowest bidder who can. Northeast Electrical was non-responsive. They refused to sign the non-collusion form and have the anti kickback form notarized. Electrical Access Specialist has a minimum order of $50.00. If we do not meet this minimum we will contact the other bid vendors for quotes. In addition, the following vendors included a discount of % off list for all items not listed on the bid. Electrical Access Specialist 50% Erin Electrical Enterprises 26% Graybar Electrical Company 5% HD Supply Power Solutions 10% Miller Bearings 10% World Electric Supply 15% 98 of 514 99 of 514 100 of 514 101 of 514 102 of 514 103 of 514 104 of 514 105 of 514 106 of 514 107 of 514 108 of 514 109 of 514 110 of 514 111 of 514 112 of 514 113 of 514 114 of 514 115 of 514 116 of 514 117 of 514 118 of 514 119 of 514 120 of 514 121 of 514 122 of 514 123 of 514 124 of 514 125 of 514 126 of 514 127 of 514 128 of 514 129 of 514 130 of 514 131 of 514 132 of 514 133 of 514 6. D CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the purchase of 47 Dell OptiPlex Desktop EQUESTED CTION BY ITY OMMISSION Computers and five software kits from the Dell Corporation for the City Library utilizing State Contract # 250-000-09-1 in the amount of $38,433.62 using State Aid to Public Libraries Grant Funding. ER: These computers will replace current public computers in XPLANATION OF EQUEST the Library’s adult and teen areas which are older than four years and are no longer under warranty. H? These new computers will be an OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES improvement of service to the public by providing a faster speed and updated software. Windows XP computers are being phased out and Window 7 is being phased in. FI: These expenses do not affect the General Fund. This equipment will ISCAL MPACT be purchased from the State Aid to Public Libraries Grant, which is a grant awarded annually to the Library from the Florida State Library. These funds are used for maintaining and updating to current and relevant technologies in the Library. This expense will be charge to account number 105-3221-513-64-15. A: None. LTERNATIVES 134 of 514 135 of 514 136 of 514 137 of 514 138 of 514 139 of 514 140 of 514 6. E CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the vehicle/equipment submitted by the EQUESTED CTION BY ITY OMMISSION Public Works /Fleet Maintenance for disposal. ER: Fleet Maintenance is submitting fifteen (15) items to be XPLANATION OF EQUEST disposed at auction utilizing the City of Boynton Beach’s contracted vendor JJ Kane. The proceeds will generate revenue for the Fleet Maintenance Fund and the police forfeiture account for the confiscated items. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/ Fleet Maintenance requests Commission’s review, evaluation and approval to sell the surplus vehicles/equipment. H? The disposal of obsolete, damaged OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City’s fixed asset records. FI: The revenue generated from the sale of surplus vehicles/equipment will ISCAL MPACT be placed in the Fleet Maintenance Fund, and credited to the revenue account# 501- 0000-365-01-00. The proceeds from the four confiscated items from the police department will be deposited into a police forfeiture account 691-0000-247-04-25. A: Continue to store equipment. LTERNATIVES 141 of 514 142 of 514 6. F CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-035 - EQUESTED CTION BY ITY OMMISSION Approve request for Short Sale - David & Alexis Massey ER: David and Alexis Duarte Massey purchased property XPLANATION OF EQUEST located at 8 Via De Casas Sur #103 in 2006, in the amount of $215,000. The first mortgage which was financed in part by Fidelity Federal Bank & Trust in the amount of $170,000, and subsidized by SHIP funding from the City of Boynton Beach in the amount of $45,000. The Massey’s have relocated to Georgia, are requesting that the City of Boynton Beach approve of a Short Sale in the amount of $85,000. According to the preliminary HUD settlement statement (see attached) the City has been offered $4,500 as satisfaction of the second mortgage which exceeds the reimbursement requirement under the City’s Short Sale Policy. The City of Boynton Beach Short Sale Policy as adopted on February 5, 2013 requires in part “The owner of the property must provide proof of hardship”. The seller has not provided sufficient information to substantiate a clear perception of hardship.  Mortgage payments to loan servicer are current  HOA fees are current  Sellers indicate that they are paying rent in Georgia, but do not disclose or provide proof  Sellers did not provide proof of current finances to include current income, nor was it addressed in their letter 143 of 514  Payroll direct deposit for Mr. Massey estimates annual income of $65,780; however, there are other deposits in excess of $1,000 which are not identified. 2011 income tax return reveals adjusted income of $75,247. There is no disclosure as to the employment status of the wife  The buyer’s approval letter lists the buyer of the property with his current address the same as that which he is purchasing, which lends the assumption that the property is currently rented to the buyer  Although the bank has accepted $85,000 as a settlement offer, appraisals attached indicate a value of $92,000 They have, however, as stated in the City’s policy, relocated out of Palm Beach County. H? Allowing or disallowing a Short OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Sale will not affect the City’s programs or services. FI: The lender has offered a settlement in the amount of $4,500, which ISCAL MPACT exceeds the required eight percent (8%) of the City’s Second Mortgage amount of $45,000 as per the City’s Short Sale Policy. A: Not approve the short sale and file a judgment for the $45,000 debt. LTERNATIVES 144 of 514 RESOLUTION R13-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE OFFER OF $4,500 AS SETTLEMENT OF THE CITY’S SECOND MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR DAVID AND ALEXIS MASSEY BASED ON THE CITY’S SHORT SALE POLICY FOR FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with the assistance of the City of Boynton Beach’s first time homebuyer assistance program David and Alexis Massey purchased their home at 8 Via De Casas Sur #103 for $215,000 in June of 2006; and WHEREAS, the City of Boynton Beach’s second mortgage in the amount of $45,000 is a zero interest (0%) lien that runs concurrent with the first mortgage; and WHEREAS, rather than be foreclosed upon, the homeowner was able to secure a buyer for the property and their bank has agreed to a short sale in the amount of $85,000; and WHEREAS, the proposed settlement offer is in accordance with the City’s Short Sale Policy for the City’s First Time Homebuyer Assistance Program; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to accept the offer of $4,500 as settlement of the City’s second Mortgage as a result of the proposed short sale for David and Alexis Massey. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida hereby accepts the offer of $4,500 as settlement of the City’s second Mortgage as a result of the 145 of 514 proposed short sale for David and Alexis Massey. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ________________________________ Vice Mayor – Woodrow L. Hay ________________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick ________________________________ Commissioner – Joe Casello ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\RESO\Reso - Accept Massey Short Sale.doc 146 of 514 147 of 514 148 of 514 149 of 514 150 of 514 151 of 514 152 of 514 153 of 514 154 of 514 155 of 514 156 of 514 157 of 514 6. G CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 2, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on March 19, 2013 The City Commission met on March 19, 2013 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 158 of 514 159 of 514 160 of 514 161 of 514 162 of 514 163 of 514 164 of 514 165 of 514 166 of 514 167 of 514 168 of 514 169 of 514 170 of 514 171 of 514 172 of 514 173 of 514 174 of 514 175 of 514 176 of 514 177 of 514 178 of 514 179 of 514 6. H CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of March 2013. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for March 2013: Purchase Order Vendor Amount 130699 Anzco, Inc. $ 30,900.00 130714 Hub City Ford, Inc. $ 23,961.00 130730 PJ’s Land Clearing & Excavating $ 22,000.00 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. 180 of 514 FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 181 of 514 182 of 514 183 of 514 184 of 514 185 of 514 186 of 514 187 of 514 188 of 514 189 of 514 190 of 514 191 of 514 192 of 514 193 of 514 194 of 514 195 of 514 196 of 514 197 of 514 198 of 514 199 of 514 200 of 514 201 of 514 202 of 514 203 of 514 204 of 514 205 of 514 206 of 514 207 of 514 208 of 514 209 of 514 210 of 514 211 of 514 212 of 514 213 of 514 214 of 514 215 of 514 216 of 514 217 of 514 218 of 514 219 of 514 220 of 514 221 of 514 222 of 514 223 of 514 224 of 514 225 of 514 226 of 514 227 of 514 228 of 514 229 of 514 230 of 514 231 of 514 232 of 514 233 of 514 234 of 514 235 of 514 236 of 514 237 of 514 238 of 514 239 of 514 240 of 514 241 of 514 6. I CONSENT AGENDA April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13-036 - EQUESTED CTION BY ITY OMMISSION Approve and ratify the Collective Bargaining Agreement for the Blue Collar unit between the SEIU Florida Public Services Union, CTW, CLC and the City. PROPOSED RESOLUTION NO. R13-037 - Approve and ratify the Collective Bargaining Agreement for the White Collar unit between the SEIU Florida Public Services Union, CTW, CLC and the City. ER: XPLANATION OF EQUEST The term of the Collective Bargaining Agreements (CBAs) for the Blue Collar and White Collar bargaining units of the SEIU Florida Public Services Union, CTW, CLC expired on September 30, 2011. The City and the Unions began bargaining successor agreements in September 2011. Bargaining was completed in September 2012. Both bargaining units ratified the successor agreements on February 26, 2013. The term of the successor collective bargaining agreements is October 1, 2011 to September 30, 2013. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the successor agreements (attached) for implementation. Attachments: SEIU Florida Public Services Union, CTW, CLC – Blue Collar Bargaining Agreement SEIU Florida Public Services Union, CTW, CLC – White Collar Bargaining Agreement H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 242 of 514 Having successor agreements in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FI: ISCAL MPACT The major monetary items remained as status quo and therefore have limited impact on the FY12/13 budget. A: LTERNATIVES Do not approve and ratify the agreements, which would result in maintaining the status quo for the contract period ending September 30, 2011 and return to the bargaining table for further negotiations of these contracts. 243 of 514 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC – BLUE COLLAR UNIT FOR THE THREE YEAR PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2013, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – Blue Collar Unit have successfully concluded negotiations for a three (3) year contract; and WHEREAS, on February 26, 2013, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the Mayor and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – Blue Collar Unit for the three (3) year period of October 1, 2011 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. 244 of 514 PASSED AND ADOPTED this ___ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 245 of 514 246 of 514 247 of 514 248 of 514 249 of 514 250 of 514 251 of 514 252 of 514 253 of 514 254 of 514 255 of 514 256 of 514 257 of 514 258 of 514 259 of 514 260 of 514 261 of 514 262 of 514 263 of 514 264 of 514 265 of 514 266 of 514 267 of 514 268 of 514 269 of 514 270 of 514 271 of 514 272 of 514 273 of 514 274 of 514 275 of 514 276 of 514 277 of 514 278 of 514 279 of 514 280 of 514 281 of 514 282 of 514 283 of 514 284 of 514 285 of 514 286 of 514 287 of 514 288 of 514 289 of 514 290 of 514 291 of 514 292 of 514 293 of 514 294 of 514 295 of 514 296 of 514 297 of 514 298 of 514 299 of 514 300 of 514 301 of 514 302 of 514 303 of 514 304 of 514 305 of 514 306 of 514 307 of 514 308 of 514 309 of 514 310 of 514 311 of 514 312 of 514 313 of 514 314 of 514 315 of 514 316 of 514 317 of 514 318 of 514 319 of 514 320 of 514 RESOLUTION R13- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC – WHITE COLLAR UNIT FOR THE THREE YEAR PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2013, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – White Collar Unit have successfully concluded negotiations for a three (3) year contract; and WHEREAS, on February 26, 2013, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the Agreement and authorize the Mayor and City Clerk to execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC – White Collar Unit for the three (3) year period of October 1, 2011 through September 30, 2013, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. 321 of 514 PASSED AND ADOPTED this ___ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ______________________________ Commissioner – Joe Casello ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 322 of 514 323 of 514 324 of 514 325 of 514 326 of 514 327 of 514 328 of 514 329 of 514 330 of 514 331 of 514 332 of 514 333 of 514 334 of 514 335 of 514 336 of 514 337 of 514 338 of 514 339 of 514 340 of 514 341 of 514 342 of 514 343 of 514 344 of 514 345 of 514 346 of 514 347 of 514 348 of 514 349 of 514 350 of 514 351 of 514 352 of 514 353 of 514 354 of 514 355 of 514 356 of 514 357 of 514 358 of 514 359 of 514 360 of 514 361 of 514 362 of 514 363 of 514 364 of 514 365 of 514 366 of 514 367 of 514 368 of 514 369 of 514 370 of 514 371 of 514 372 of 514 373 of 514 374 of 514 375 of 514 376 of 514 377 of 514 378 of 514 379 of 514 380 of 514 381 of 514 382 of 514 383 of 514 384 of 514 385 of 514 386 of 514 387 of 514 388 of 514 389 of 514 390 of 514 391 of 514 392 of 514 393 of 514 394 of 514 395 of 514 7. A BIDS AND PURCHASES OVER $100,000 April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R13- 038 - EQUESTED CTION BY ITY OMMISSION (1) Approve a contract with Rohl Networks, LLP of Jupiter, Florida for the Base Bid of the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL in the amount of $68,795.00, and for the Alternative Bid in the amount of $101,191.00 for a total of $169,986.00; and (2) Authorize an additional 10% contingency of $16,998.00, if needed, for staff approval of change orders for unforeseen conditions without further approval by the City Commission provided the total contract price plus contingency ($186,984.00) is not exceeded. ER: On February 8, 2013, the City of Boynton Beach advertised XPLANATION OF EQUEST an Invitation to Bid for the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL. Bid proposals were received and publicly opened on March 6, 2013. Two (2) bids were received, and Rohl Networks, LLP (Rohl Networks) was identified as the apparent low bidder. The Engineer of Record for the project, AECOM, conducted reference checks for the two (2) bidders. The route follows the new raw water line connecting the two water treatment plants. The Schedule of Bid Items was structured with a Base Bid for Section A of the project and an Alternate Bid for Sections B and C, which is future work. The basis of the award of this project is the Base Bid amount. Upon successful completion of Section A, Rohl Networks will be afforded the opportunity to include the Alternative Bid items for Sections B and C as part of their contract. This will be beneficial to the City as it will (1) save on the cost for mobilization/demobilization; and/or (2) eliminate the administrative costs of bidding a separate contract for the continuing work for Sections B and C. Based upon evaluation of the two (2) bids, AECOM, Procurement/Finance, and the Utilities Department recommend awarding the contract to Rohl Networks as the lowest responsive, responsible bidder. Attached are the 396 of 514 Procurement/Finance memorandum, AECOM’s recommendation letter, and Rohl Network’s bid. The scope of work for this project includes furnishing and installing fiber optic cabling and appurtenances from the West Water Treatment Plant to Military Trail and south to Woolbright Road for Section A. Sections B and C are from Woolbright Road where Section A terminates, then ending on the east side of Interstate 95. H? The fiber optic cabling will provide OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a data and communications link between the East Water Treatment Plant and the West Water Treatment Plant. This will enable better and more secure communication between the two water treatment plants and allow for control of the future resin treatment plant to be sited at the West Water Treatment Plant by operators at both locations. FI: Total authorized funding for the project including the 10% contingency ISCAL MPACT is $186,984.00. This project is included in the Utilities CIP budget, project number WTR136, account number 404-5010-533-65-01. A: Since the fiber optic link between the two water treatment plants is an LTERNATIVES integral component of the Utilities Department’s operations and control strategy, there is no feasible alternative at this time. 397 of 514 RESOLUTION NO. R13 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AWARD AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACT WITH ROHL NETWORKS, LP OF JUPITER, FLORIDA FOR THE BASE BID OF THE FIBER OPTIC CABLING PROJECT, BID NO. 017- 2821-13/DJL IN THE AMOUNT OF $68,795.00 AND ALTERNATIVE BID IN THE AMOUNT OF $101,191.00 FOR A TOTAL OF $169,986.00 PLUS A 10% CONTINGENCY OF $16,998.00, IF NEEDED, FOR A TOTAL AMOUNT OF $186,984.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 6, 2013, the City received and opened two (2) bids in response to an Invitation to Bid for the Fiber Optic Cabling Project Bid No. 017-2821- 13/DJL; and WHEREAS, based upon evaluation by the Project Engineer, Procurement Department and the Utilities Department, Rohl Networks, LP was recommended as the lowest responsive, responsible bidder; and WHEREAS, staff has recommended that the City enter into a contract to furnish and install Fiber Optic Cabling and appurtenances in accordance with the Palm Beach County permit as required from West Water Treatment Plant to Military Trail and south to Woolbright Road for Section A and alternative pricing for future work for Sections B & C along Woolbright Road where Section A terminates, then east to I-95. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby authorizes and directs the City Manager and City Clerk to enter into a contract with Rohl 398 of 514 Networks, LP., to furnish and install Fiber Optic Cabling and appurtenances in accordance with the Palm Beach County permit as required from West Water Treatment Plant to Military Trail and south to Woolbright Road for Section A and alternative pricing for future work for Sections B & C along Woolbright Road where Section A terminates, then east to I-95, in the amount of $68,795.00 and alternative bid in the amount of $101,191.00 for a total of $169,986.00 plus a 10% contingency of $16,998.00, if needed, for a total amount of $186,984.00, a copy of the Contract is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 399 of 514 PASSED AND ADOPTED this _____ day of April, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael T. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 400 of 514 401 of 514 402 of 514 403 of 514 404 of 514 405 of 514 406 of 514 407 of 514 408 of 514 409 of 514 410 of 514 411 of 514 412 of 514 413 of 514 414 of 514 415 of 514 416 of 514 417 of 514 418 of 514 419 of 514 420 of 514 421 of 514 422 of 514 423 of 514 424 of 514 425 of 514 426 of 514 427 of 514 428 of 514 429 of 514 430 of 514 431 of 514 432 of 514 433 of 514 434 of 514 435 of 514 436 of 514 437 of 514 438 of 514 439 of 514 440 of 514 441 of 514 442 of 514 443 of 514 444 of 514 445 of 514 446 of 514 447 of 514 448 of 514 BID TITLE: FIBER OPTIC CABLING BID NUMBER: 017-2821-13/DJL CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the “CITY” or “OWNER” and ROHL NETWORKS, L.P, a Florida Corporation (____) Check One a Florida General Partnership (____) a Florida Limited Partnership (_ X_) a Sole Proprietor (____) hereinafter called “CONTRACTOR”. WITNESSETH WHEREAS, The CITY has heretofore invited bids for a CITY construction project (“Project”) identified by the bid title, bid number and project number listed above and commonly referred to as: FIBER OPTIC CABLING WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the 6th day of March, 2013, for the total bid amount of $68,795.00; and, WHEREAS, On the ___ day of _________, 20___, the City Commission designated CONTRACTOR as having submitted the bid that was most advantageous to the CITY and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within one-hundred and twenty (120) calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 449 of 514 1.1.2. The CITY hereby hires the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR hereby accepts this Contract and agrees to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in this Contract and the Contract Documents for the price and amounts set forth in CONTRACTOR’S bid. 1.1.4. CONTRACTOR is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2.SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The “Contract Documents” are the compilation of the following individual documents which are hereby not listed in any order of precedence. 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) – all references to “GC” shall be to section numbers 2.2.6 Construction Contract 2.2.7 Certificate of Insurance 2.2.8 Public Construction Bonds 2.2.9 Technical Specifications 2.2.10 Contract Drawings and Plans 2.2.11 Addenda 2.2.12 Written directives or interpretations 2.2.13 Manufacturers warranties 3.OBLIGATIONS OF CONTRACTOR 3.1. CONTRACTOR shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract. All of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the 450 of 514 conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.2.1. Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bonds within five (5) days of subcontractors’ work or subcontractor’s supplying of material to CONTRACTOR and shall maintain records to establish such notice. A copy of said notice shall be provided to the City’s Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment that may have been used or worked on by the CONTRACTOR in connection with the project promptly from streets, alleys, parkways and adjacent property as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the CONTRACTOR’S bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be 451 of 514 required to make good at CONTRACTOR’S own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4.CITY’S OBLIGATIONS 4.1. The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-Construction Meeting. 4.2. The CITY shall make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, the CITY shall provide a written final acceptance and payment for the entire project. 5.COMMENCEMENT OF WORK 5.1. The City and Contractor agrees upon Contractor’s per diem direct job site costs and home office overhead costs stated within the Bid document. The amounts shall be used for purposes of determining the compensation to be paid to Contractor for a suspension, field change directive, or any other instance wherein GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order to facilitate an agreement as to amount, Contractor agrees to permit the City to audit records which establish Contractor’s direct job site costs and home office overhead. 5.2. CONTRACTOR hereby agrees to commence work under this contract within ten (10) calendar days of the Commencement Date specified in the written “Notice to Proceed,” and to achieve Substantial Completion without interruption within one- hundred and twenty (120) calendar days thereafter. 5.3. With respect to this Contract, time is of the essence. In the event the CONTRACTOR shall fail to (1) timely commence the work following Notice to Proceed or (2) fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY for liquidated damages the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving of Substantial Completion. 5.4. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR’S bid proposal, and for such others as the Project Engineer may direct, and shall not employ any subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 6.LIQUIDATED DAMAGES 6.1. The CONTRACTOR agrees to pay $500.00 per day as liquidated damages, for 452 of 514 failure to begin within ten (10) days of CITY’S issuance of the “Notice to Proceed” or failure to achieve Substantial Completion within one-hundred and twenty (120) calendar days from the Commencement Date as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct such liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7.PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8.INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY pursuant to the provisions set forth in General Conditions for Construction, GC- 26 - INDEMNITY. 9.PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 9.2. The City reserves the right to negotiate any and all amounts contained in the bidding and contract documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work. At the City’s discretion, the City may make direct purchases of any materials and equipment purchased for, or to be incorporated into the Project, as determined by the City. 453 of 514 CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager’s office before executing the Field Change Directive or Change Order. 10.2hange orders and adjustments shall be in writing and approved by the Project C Manager, otherwise, no claim for extras will be allowed. 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer (“Engineer”) is AECOM. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 454 of 514 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12.INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13.CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the Project Manager. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction, technical specifications, and finally by the balance of the Contract Document. 14.TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15.REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. 455 of 514 CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5 For the purpose of this section, the phrase “the CITY, its agents and employees” shall include but shall not be limited to the Project Engineer and Project Manager. 16. SUSPENSION 16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the per diem direct job site overhead as set forth in the Schedule of Bid Items. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 456 of 514 17. DISPUTES 17.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 17.2. Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 457 of 514 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: _____________________________ ______________________________________ City Manager Attest: Approved as to Form: _____________________________ ______________________________________ City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: _____________________________ ______________________________________ President or Vice President _____________________________ ______________________________________ Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this ______ day of _______________, 20___, personally appeared before me, duly authorized to administer oaths, ______________________________________________ known to be the persons described herein or who has produced ______________________________ as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. _________________________________ Notary Public My Commission Expires: PERFORMANCE BOND BOND NO.:___________ 458 of 514 NOTE:Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (1) set of originals will be required. KNOW ALL MEN BY THESE PRESENTS: that __________________________________ (insert name of Contractor) ________________________________________________________ as Principal, (address or legal title of Contractor) hereinafter called Contractor, and __________________________________________________ (name and address of Surety) ______________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of ____________________________________________________ Dollars ($_____________________), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. 459 of 514 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. 460 of 514 Signed and sealed this __________ day of ____________________, 20____. _______________________________________ Principal (Seal) ________________________________ Witness _______________________________________ Title _______________________________________ Surety ________________________________ Witness _______________________________________ Attorney-in-Fact END OF PERFORMANCE BOND PAYMENT BOND BOND NO.:___________ NOTE:Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (1) set of originals will be required. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ___________________________________ 461 of 514 (insert name of Contractor) ________________________________________________________ as Principal, (address or legal title of contractor) hereinafter called Principal, and ___________________________________________________ (name and address of Surety) ______________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herebelow defined, in the amount of _______________________________________________________________________ Dollars ($_____________), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ______________________________, 20____, entered into a contract with Owner for ______________________________________________ __________________________________________________________________ in accordance with drawings and specifications prepared by _____________________________ which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond 462 of 514 for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this __________ day of ____________________, 20____. 463 of 514 _______________________________________ Principal (Seal) __________________________________ Witness _______________________________________ Surety __________________________________ Witness _______________________________________ Attorney-in-Fact END OF PAYMENT BOND STATE OF FLORIDA COUNTY OF__________________________________, being first duly sworn, deposes and says as follows: He is ____________________ of _____________________________________________, (Title) (Name of Corporation or Firm) a Florida Corporation (______) Check One a Florida General Partnership (______) a Florida Limited Partnership (______) a Sole Proprietor (______) which is named in Construction Contract dated the _______ day of _______________________, 20____, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of _________________________________________________ and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. 464 of 514 Title to all work, materials and equipment covered by the attached Final Application for Payment dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. ____________________________________ Affiant Sworn to and subscribed before me this ________ day of _____________________, 20___ ________________________________________ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE 465 of 514 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlements in case of Nick EQUESTED CTION BY ITY OMMISSION Fuette v. City of Boynton Beach. ER: XPLANATION OF EQUEST Plaintiff Counsel: Joe Reiter, Lytal, Reiter, Smith, Ivey & Fronrath Incident: On May 22, 2010, Nick Fuette as a pedestrian in the parking lot of the shopping plaza at the 100 block of N. Federal Hwy. He stepped into a pothole which was about two feet deep and 18 inches wide at the opening, where a water valve had broke and caused the asphalt to break away. Mr. Fuette suffered injuries resulting in medical bill costs exceeding $8,000. Negotiations were made between our Third Party Administrator adjuster and Mr. Reiter resulting in a settlement of $11,500. Original demand of settlement was $100,000. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of the nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20, Self Insured Losses for first and third party claims. A: Failure to approve settlement will result in claim to being assigned to an LTERNATIVES attorney for further litigation. Defense and Discovery costs would be estimated at $75,000 to $100,000. 466 of 514 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre City Manager THRU: Carisse Lejeune Assistant City Manager FROM: Pam Webb, Risk Administrator DATE: April 11, 2013 SUBJECT: Nick Fuete v. City of Boynton Beach Date of Loss: 5/22/2010 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 150,000 Final: $ 100,000 Offer : Original: $ 2,500 Final: $ 11,500 SETTLEMENT: $ 11,500 X This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in NOTE: any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 75,000 : $ 100,000 JUDGEMENT:$ - __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE: On May 22, 2010, Nick Fuette as a pedestrian in the parking lot of the shopping plaza at the 100 block of N. Federal Hwy. He stepped into a pothole which was about two feet deep and 18 inches wide at the opening, where a water valve had broke and caused the asphalt to break away. Mr. Fuette suffered injuries resulting in medical bill costs exceeding $8,000. 467 of 514 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement in case of Lauren E. EQUESTED CTION BY ITY OMMISSION Wilcock v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Mike Burke, Johnson, Anselmo, Murdoch, et al Plaintiff Counsel: Joe Reiter, Lytal, Reiter, Smith, Ivey & Fronrath Incident: On April 8, 2010, Ms. Wilcock was stopped by a Boynton Beach Police Officer about 300 yards from her residence for a possible driving under the influence. During the stop the Ms. Wilcock produced two drivers license which is illegal in the state of Florida and the officer seized the oldest one. The Officer determined she was not driving under the influence but requested she walk home and have her vehicle towed home. Apparently Ms. Wilcock took the second license back and the Officer followed her to her residence to retrieve the license. Near the elevator at her home a verbal dispute ensued and Ms. Wilcock gave up her license reluctantly. The dispute continued and the Officer decided to arrest her for disorderly public intoxication. As the Officer attempted to handcuff her she fell striking her face on the ground with her sustaining several facial lacerations and knocking out two of her teeth. The whole encounter was captured on the apartment’s complex surveillance video. The State Attorney refused to prosecute and the case was sent to Internal Affairs (IA). The IA officer determined the arresting officer’s performance was unsatisfactory in reference to the disorderly intoxication arrest and received a suspension. Plaintiff had $18,300 in medical costs and incurred expenses of $15,000 for attorney’s fees, lost wages, etc. Original demand of settlement was $85,000. Settlement was reached at $42,500. 468 of 514 H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of this nature are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20, Self Insured Losses for first and third party claims. A: Failure to approve settlement will result in additional discovery and LTERNATIVES litigation costs, and trial costs. Costs would be estimated at $70,000 to $90,000. 469 of 514 470 of 514 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre City Manager THRU: Carisse Lejeune Assistant City Manager FROM: Pam Webb, Risk Administrator DATE: April 11, 2013 SUBJECT: Lauren Wilcock v. City of Boynton Beach Date of Loss: April 5, 2013 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 85,000 Final: $ 50,000 Offer : Original: $ 10,000 Final: $ 42,500 SETTLEMENT: $ 42,500 X This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in NOTE: any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 18,078 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 90,000 : $ 85,000+ JUDGEMENT:$ - __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE: On April 8, 2010, Ms. Wilcock was stopped by a Boynton Beach Police Officer about 300 yards from her residence for a possible driving under the influence. During the stop the Ms. Wilcock produced two drivers license which is illegal in the state of Florida and the officer seized the oldest one. The Officer determined she was not driving under the influence but requested she walk home and has her vehicle towed home. Apparently Ms. Wilcock took the second license back and the Officer followed her to her residence to retrieve the license. Near the elevator at her home a verbal dispute ensued and Ms. Wilcock gave up her license reluctantly. The dispute continued and the Officer decided to arrest her for disorderly public intoxication. As the Officer attempted to handcuff her 471 of 514 she fell striking her face on the ground with her sustaining several facial lacerations and knocking out two of her teeth. The whole encounter was captured on the apartment’s complex surveillance video. The State Attorney refused to prosecute and the case was sent to Internal Affairs (IA). The IA officer determined the arresting officer’s performance was unsatisfactory in reference to the disorderly intoxication arrest and received a suspension. 472 of 514 8. C CODE COMPLIANCE & LEGAL SETTLEMENTS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement in case of Floyd EQUESTED CTION BY ITY OMMISSION Selleck v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Lyman Reynolds, Roberts, Reynolds, et al Plaintiff Counsel: Richard Slinkman, Slinkman & Slinkman, P.A. Incident: On January 16, 2011, Ms. Selleck was at Carolina Ale House when an employee called police due a patron picking up a stool during a fight. There were no other weapons involved in the fight. Once the individual was escorted from the bar another patron came out of the establishment to let the other officers know that there was a Boynton Beach officer “beating” up someone in the bar. The Officer claimed that Mr. Selleck was resisting arrest but there was no proof to corroborate his story and the other Officers denied the accusations. Therefore, there were no charges filed. Mr. Selleck received injuries during this time and he has outstanding medicals of $38,000 and a $90,000 lien from Blue/Blue Shield. The Plaintiff attorney is also claiming an account of the 1983 Violation of Civil Rights Act and should any judgment by a jury go against the City, the City would be responsible for the Plaintiff’s attorney fees which could be $100,000 to $150,000. Original demand of settlement was $200,000 with the demand coming down to $150,000 on January 24, 2013. Settlement was reached at $72,000 with a full release. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of this nature are part of the ongoing responsibilities of the Risk Management Department. 473 of 514 FI: Settlement will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20, Self Insured Losses for first and third party claims. A: Failure to approve settlement will result in additional litigation and LTERNATIVES discovery costs. Trial is scheduled for later in 2013 and should a judgment be brought against the City the costs could be estimated at $200,000. 474 of 514 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre City Manager THRU: Carisse Lejeune Assistant City Manager FROM: Pam Webb, Risk Administrator DATE: April 11, 2013 SUBJECT: Floyd Selleck v. City of Boynton Beach Date of Loss: 1/16/2011 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 200,000 Demand : Original: $ 200,000 Final: $ 75,000 Offer : Original: $ 20,000 Final: $ 72,000 SETTLEMENT: $ 72,000 X This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in NOTE: any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ $132,992 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 200,000 : $ 100,000+ JUDGEMENT:$ - __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE: On January 16, 2011, Ms. Selleck was at Carolina Ale House when an employee called police due a patron picking up a stool during a fight. There were no other weapons involved in the fight. Once the individual was escorted from the bar another patron came out of the establishment to let the other officers know that there was a Boynton Beach officer “beating” up someone in the bar. The Officer claimed that Mr. Selleck was resisting arrest but there was no proof to corroborate his story and the other Officers denied the accusations. Therefore, there were no charges filed. Mr. Selleck received injuries during this time and he has outstanding medicals of $38,000 and a $90,000 lien from Blue/Blue Shield. 475 of 514 476 of 514 9. A PUBLIC HEARING April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-007 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. ER: Miller Land Planning is requesting to abandon a utility easement XPLANATION OF EQUEST in conjunction with the development of Phase II of the Seabourn Cove project on the west side of South Federal Highway near Miller Road. The three (3) foot-wide utility easement runs in an east-west direction for a distance of approximately 918 feet, extending from South Federal Highway to Old Dixie Highway, through the middle of the approved multi- family project. The applicant indicates that the utility easement is being vacated because there are no longer any public utilities located within the easement and there will be none in the future.All utility companies have been notified and no objections were raised. Staff recommends APPROVAL of the request to abandon this three (3) foot-wide utility easement since it no longer serves a public purpose. The Planning & Development Board, at their March 26, 2013 meeting, recommended approval of the abandonment request. H? The abandonment of this OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES easement will not adversely impact City services. FI: N/A ISCAL MPACT 477 of 514 A: None recommended. LTERNATIVES 478 of 514 ORDINANCE NO. 13- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 3-FOOT WIDE UTILITY EASEMENT RUNNING EAST AND WEST FOR A DISTANCE OF APPROXIMATELY 918 FEET, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bradley Miller of Miller Land Planning is requesting that the City abandon a utility easement in conjunction with the development of Phase II of the Seabourn Cove project on the west side of Federal Highway near Miller Road, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff finds that the three (3) foot-wide utility easement no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon the three (3) foot-wide utility easement running east and west for a distance of approximately 918 feet in conjunction with the development of Phase II of the Seabourn Cove project on the west side of Federal Highway near Miller Road, subject to staff comments. The property being abandoned is more particularly described as follows: THE SOUTH 3 FEET OF KILLIAN’S PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA Said lands lying in the City of Boynton Beach, Florida containing 2,753 square feet (0.063 Acres) more or less. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. 479 of 514 FIRST READING this ____ day of , 2013. SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2013. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor _____________________________________ Vice Mayor – Woodrow L. Hay _____________________________________ Commissioner – David T. Merker _____________________________________ Commissioner – Michael M. Fitzpatrick _____________________________________ Commissioner – Joe Casello ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the three (3) foot-wide utility easement running east and west for a distance of approximately 918 feet in conjunction with the development of Phase II of the Seabourn Cove project on the west side of Federal Highway near Miller Road, subject to staff comments. The property being abandoned is more particularly described as follows: THE SOUTH 3 FEET OF KILLIAN’S PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 480 of 514 Said lands lying in the City of Boynton Beach, Florida containing 2,753 square feet (0.063 Acres) more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2013. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Janet M. Prainito, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2013. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 481 of 514 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 13-006 TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: March 7, 2013 Abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) SUBJECT: running in an east-west direction for a distance of approximately 918 feet, located on the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. NATURE OF REQUEST Bradley Miller of Miller Land Planning, Inc. is requesting to abandon a utility easement in conjunction with the development of Phase II of the Seabourn Cove project on the west side of South Federal Highway near Miller Road (see Exhibit “A” – Location Map). The subject property is classified SHDR (Special High Density Residential) land use and zoned PUD (Planned Unit Development). The three (3) foot-wide utility easement to be abandoned runs in an east-west direction for a distance of approximately 918 feet. The easement extends from South Federal Highway to Old Dixie Highway, through the middle of the proposed multi-family project. A sketch and legal description of the subject utility easement is attached as Exhibit “B”. The applicant indicates that the utility easement is being vacated because there are no longer any public utilities located within the easement and will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Immediately north of the utility easement would be the north half of the Seabourn Cove Phase II development and farther north are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-5) land use classification and zoned Multi-family Residential (County RM) and 2.26 acres of undeveloped property with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD) that was previously approved as Baywalk (site plan expired); South: Immediately south of the utility easement would be the south half of the Seabourn Cove Phase II development and farther south is 482 of 514 developed property (church) on 0.68 acres with a General Commercial (GC) land use classification and zoned General Commercial (C-4) and a 48-unit townhouse development (Bayfront) on 2.46 acres, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); East: Right-of-way for Federal Highway, then farther east is Waterside, a 113-unit townhouse development on 7.29 acres, with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); and West: Right-of-way for Old Dixie Highway, then farther west is right-of- way for the Florida East Coast (FEC) railroad. BACKGROUND Phase II of Seabourn Cove (NWSP 12-001) received new site plan approval on March 20, 2012 for the development of 148 multi-family rental units (see Exhibit “C” – Site Plan). Part of the site approved for development is located within the original Killian’s Park plat. Killian’s Park was platted in 1951 with a three (3) foot-wide utility easement at its southern boundary which would bisect the proposed development. Since the easement no longer serves a public purpose, staff placed a condition of approval on the project that the applicant be required to request abandonment of the easement and record the abandonment ordinance in the records of Palm Beach County. The property to be abandoned is more particularly described as, “The South Three (3) feet of Killian’s Park, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida”. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the newspaper. A summary of the responses is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection AT & T - No objection Florida Public Utilities - No objection Comcast - No objection RECOMMENDATION Staff has determined that the subject utility easement no longer contains any utilities and therefore no longer serves a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon this three (3) foot-wide utility easement. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit “D” - Conditions of Approval. 483 of 514 S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove - Phase II\ABAN 13-002\Staff Report.doc 484 of 514 485 of 514 486 of 514 487 of 514 488 of 514 489 of 514 490 of 514 491 of 514 492 of 514 EXHIBIT "D" Conditions of Approval Project name: Seabourn Cove Phase II Utility Easement Abandonment File number: ABAN 13-002 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING/PUBLIC WORKS/ UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS X Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\COA after P&D Mtg.doc 493 of 514 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seabourn Cove Phase II Utility Easement Abandonment (ABAN 13- 002) APPLICANT’S AGENT: Bradley Miller, Miller Land Planning, Inc. AGENT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2013 & May 7, 2013 TYPE OF RELIEF SOUGHT: Abandonment of a three (3) foot-wide Utility Easement (ABAN 13-002) running in an east-west direction for a distance of approximately 918 feet, located in the original Killian’s Park plat and currently being developed as Seabourn Cove – Phase II, zoned PUD (Planned Unit Development). LOCATION OF PROPERTY: West side of S. Federal Highway near Miller Road (Seabourn Cove Phase II) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 494 of 514 DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Seabourn Cove Phase II\ABAN 13-002\DO.doc 495 of 514 10. A CITY MANAGER’S REPORT April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorize the addition of four (4) Records EQUESTED CTION BY ITY OMMISSION Technician positions to FY 12/13 Budget ER: At the April 2, 2013 City Commission meeting the XPLANATION OF EQUEST Commission requested staff to develop a cost estimate and plan for opening the Police Department Lobby for more hours than the current eight hours per week. REQUIREMENTS FOR REINSTATING POLICE DEPARTMENT LOBBY SERVICES TO FORTY HOURS PER WEEK: THE PROBLEM: The police department suffered the loss of 21 civilian positions during budget years 2010-2011 and 2011-2012. Those lost positions consisted of: 8 - Community Service Officers 7 – Records Technicians 2 – Administrative Assistants 2 – Evidence Technicians 2 – Crime Scene Investigators Currently, the Records Section is being staffed by two Uniform Crime Report (UCR) reviewers and two Records Technicians. During calendar year 2012 the Records Section, assisted by full-duty and light-duty officers processed: Parking Citations entered: 1,184 Parking Citations voided: 599 496 of 514 Parking Citations processed for Admin Lien: 59 Uniform Traffic Citations entered: 12,316 Public records requests: 52,346 Court Paperwork processing: 5,635 documents; 7,859 arrest documents Court Run- 8 hours a week Destruction Dispositions: 7,520 documents Seal/expunged- 62 (average time to complete 1 hour) All reports/supplements processed Quality Control/UCR: 44,317 Arrest Coding UCR: 7,859 All other Coding (BOLO entries): 6,776 Validations: 405 Bookings: 7,859 Clearances: 20 per year End of Month Summary Reports: 4 hours per month As a result of the work load the lobby has been open only one day a week by diverting the current Records personnel from their normal duties and having them staff the two lobby windows where they mostly take requests for public records. Unfortunately, very few of the requests can be processed while the citizens wait since most people making the requests do not have the required information and consequently technicians must conduct extensive research to determine if and where the record exists. Currently, most records requests are received through the mail or the department’s website. Additionally, there is a lag between the time that a record is received from the field and the time that record is reviewed and entered into the system. This also extends the time for fulfilling records requests. The lack of customer service is not the only issue resulting from the lack of a Records staff. Processing of court and booking information is consistently backlogged and often results in officer/detective overtime in order to prepare cases for review and prosecution (which is often done at the last minute). This function was normally performed by the Records staff at the time the officers’ reports were filed as Technicians have access to the necessary data bases and are familiar with PBSO and States Attorneys’ Office protocol. THE SOLUTION: Hiring part-time personnel would compound the problem. Having records technicians staff the two windows in order to provide an intake point for records requests without the ability to timely fill those requests, will only increase the backlog and the workload. Four full time records technicians are necessary in order to provide meaningful customer service for our citizens.With the addition of four records clerks (along with the current two) the work load would be apportioned as follows: Clerk Position 1 Uniform Traffic Citations entry Parking Ticket entry Grid Checks Child Safe Answer Phones Clerk Position 2 Court Paperwork Processing Court Run Tuesdays/Thursdays 497 of 514 Citation Book Audits Background Check Employment Answer Phones Clerk Position 3 Public Records Requests Redaction Process Mail Customer Service/lobby: background checks/good standing letters Answer phones Clerk Position 4 Customer Service/Lobby Process Court Orders (Seal/Expunge) Process Transmittals Records Destruction Dispositions Scanning QC Answer Phones Clerk Position 5 Customer Service/ Lobby Teletype Non Crime Reporting Citation Entry (back-up) Clerk Position 6 Customer Service Lobby Teletype Non Crime Reporting Citation Entry (back-up) This staffing configuration not only provides for lobby staffing. It facilitates a solution to the backlog of requests and allows for the processing of requests at the time they are received. It also frees up the patrol officers time that is spend processing paperwork and allows the officer more time in the field. The hiring process consists of reviewing applications, personal interviews and an extensive background check. We should allow at least 90 days for this process. There will also be a training period which will require the newly hired technicians to become NCIC/FCIC (National and Florida Crime Information Center) certified. This process should take approximately 45 days. The FY12/13 budget would see a partial year of expenses associated with the additional positions and the FY 2013-2014 budget would see a full year of expenses as outlined below. STAFF RECOMMENDATION : Request authorization of four (4) additional Police Records Technician positions for the FY 12/13 Budget (current year). Total positions in the Police Department for FY12/13 budget would increase from 186 positions (185 in General Fund plus 1 grant funded position) to 190 positions (189 in General Fund plus 1 grant funded position). Amended Personnel Allocation sheet is attached. 498 of 514 The recruitment of these positions would be phased in over the remainder of the fiscal year. Staff anticipates that 2 of the positions would be filled by June 2013 and the remaining 2 would be filled in mid to late September 2013. The annual salary for the positions would be approximately $31,077 plus benefits (each). The costs associated with this phased in hiring of the four (4) positions would be approximately $22,000 of salaries and $7,150 for FICA and benefits, for a total of $29,150 for the remainder of FY12/13. Due to attrition and current vacancies within the Police Department staff feels that the costs associated with this hiring plan would be able to be absorbed within the current departmental budget. This will be reviewed as we progress through the remainder of the fiscal year, and staff will bring a budget amendment back to City Commission if needed. The costs for the four (4) positions for FY 13/14 would be approximately $125,000 for salaries and $47,836 for FICA and benefits, for a total of $172,836. This would be included in the FY 13/14 budget request. H? Provide much improved customer OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES service to the public and relieve backlog of records processing while allowing patrol officers to spend more time in the field rather than processing paperwork. FI: Current Year – approximately $29,150; FY 13/14 – approximately ISCAL MPACT $173,836 A: Not authorize positions; develop alternative plan. LTERNATIVES 499 of 514 500 of 514 501 of 514 13. A LEGAL April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 13-008 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Ordinance amending Chapter 2, Article XVIII, "Financial Advisory Committee", by amending the number of regular members and requiring all regular members to have one of the qualifications listed. ER: In April, 2010, the City Commission adopted Ordinance 10- XPLANATION OF EQUEST 009 forming a Financial Advisory Committee consisting of nine (9) members, seven (7) regular members and two (2) alternate members. The purpose of the Committee is to serve in an advisory capacity to the City Commission and the Commission’s oversight of expenditures which require budgetary appropriation. The Financial Advisory Committee has determined that it has difficulty in obtaining qualified members and is therefore recommending that the number of regular members be reduced from seven (7) to five (5). All five regular members would be required to have one of the qualifications set forth in Section 2-243(b) of the Code. H? The goal is to allow the Financial OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Committee the ability to recruit and maintain regular and alternate members. This will allow the Committee to regularly meet and provide recommendations to the City Commission as it relates to their purpose. FI: None ISCAL MPACT A: Do not reduce the number of regular members; LTERNATIVES Modify the number of regular members to reduce the Committee; and Disband Financial Advisory Committee. 502 of 514 503 of 514 ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER TWO, ARTICLE XVIII, “FINANCIAL ADVISORY COMMITTEE”, SECTION 2-242 “ORGANIZATION” BY AMENDING THE NUMBER OF REGULAR MEMBERS; AMENDING SECTION 2-243(b) “COMMITTEE APPOINTMENTS AND MEMBERSHIP” REQUIRING ALL REGULAR MEMBERS TO HAVE ONE OF THE QUALIFICATIONS LISTED; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida established a Financial Advisory Committee consisting of nine (9) members (seven (7) regular and two (2) alternate members) to review the impact of legislative and administrative decisions on the City budget; and WHEREAS, the Financial Advisory Committee has determined that it has difficulty obtaining members; and WHEREAS, the Financial Advisory Committee has requested that the City Commission consider an amendment reducing the number of regular members from 7 to 5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2- 242 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 2-242. Organization. The Financial Advisory Committee shall consist of a total of sevenfive regular members and two alternate members each appointed by majority vote of the City Commission. 504 of 514 Formatted: Justified Section 3. That Chapter 2, Article XVIII, Financial Advisory Committee, Section 2- 243(b) of the Boynton Beach Code of Ordinances is hereby amended as follows: . Sec. 2-243. Committee appointments and membership (a) All members shall be residents of or own property in the city, own a business within the city or be an officer, director or manager of a business located within the city. No member of the Committee shall serve on any other city board or committee. (b) (1) At least fiveAll of the regular members on the Committee shall have one of the following qualifications: a. Certified public accountant; b. Accounting professional; c. Auditing; d. Certified financial planner; e. Investment advisor; f. Insurance professional (property/casualty or health); g. Business owner/manager; h. MBA or MPA degree (with high levels of accountability/responsibilities with budget and organizational oversight). i. Banking j. Pension Plan Management k. Financial Planning & Management (2) The remaining four members may be at large. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. 505 of 514 Section 7. This Ordinance shall become effective immediately. FIRST READING this ___ day of ______________, 2013. SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David t. Merker ______________________________ Commissioner – Michael Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 506 of 514 507 of 514 508 of 514 509 of 514 510 of 514 511 of 514 14. A FUTURE AGENDA ITEMS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss renovation and/or relocation of Police EQUESTED CTION BY ITY OMMISSION Headquarters and City Hall Campus - May 7, 2013 ER: XPLANATION OF EQUEST Staff will circulate a preliminary report to the City Commission during the first few weeks of April to provide some historical perspective. The report will include “rough” estimates for comparative purposes only. Once the Commission narrows down alternatives, staff will proceed with more detailed cost estimates. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 512 of 514 14. B FUTURE AGENDA ITEMS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear quarterly report for the 1st Qtr 2013 update on EQUESTED CTION BY ITY OMMISSION Climate Action Plan Implementation - May 21, 2013 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 513 of 514 14. C FUTURE AGENDA ITEMS April 16, 2013 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2013 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Update on Utilities CAP Fees - May 21, 2013 EQUESTED CTION BY ITY OMMISSION ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 514 of 514