AGenda 07-16-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JULY 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).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Taylor
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. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00
p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @
3:00 p.m. (if necessary) in the Library Program Room at the City Library
B. Consider the recommendations of the Financial Advisory Committee (FAC)
presented by Don Scantlan, FAC Chair, in connection with the upcoming City
Commission budget workshops on July 22, 23 and 24.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Code Compliance Board: 1 regular and 2 alternates
Community Relations Board: 2 regulars and 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 2 regulars and 2 alternates
Historic Resource Preservation Board: 1 alternate
Library Board: 2 alternates
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Recreation and Parks Board: 1 regular and 2 alternates
Planning and Development Board: 1 regular
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 regular and 1 alternate
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
PROPOSED RESOLUTION NO. R13-059
A. - Approve Subordination Agreement
allowing for a subordination of the City's Mortgage for Montus Desulma of 316
S.W. 15th Avenue, Boynton Beach, Florida, 33435 and authorizing the City
Manager to execute the Subordination Agreement.
PROPOSED RESOLUTION NO. R13-060
B. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach
PROPOSED RESOLUTION NO. R13-061
C. - Approve new language for Rule
#1-M of the Cemetery Rules and Regulations
D. Approve the "Aspen Glen PUD" record plat, conditioned on the approval being
the certification of the plat documents by Andrew P. Mack (Building Official/City
Engineer).
E. Approve the purchase of (9) in-car cameras, (9) upgrades from 4GB flash cards
to 8GB flash cards, (18) 8GB flash cards, and ignition power-up options in the
amount of $40,432 from Digital Ally, Inc. in Overland Park, KS as a sole source
purchase.
PROPOSED RESOLUTION NO. R13-062
F. - Approve the request of Knollwood
HOA for traffic enforcement in their development.
G. Accept the written report to the Commission for purchases over $10,000 for the
month of June 2013.
H. Approve the minutes from the Regular City Commission meeting held on July
2, 2013
7. BIDS AND PURCHASES OVER $100,000
A. Award Bid No. 050-2821-13/JMA for "The Supply and Installation of Water
Service Connections and Restoration for a Two Year Term" to Line-Tec of
Delray Beach, FL, as the lowest, most responsive, responsible bidder; with an
estimated expenditure of approximately $850,000 over the next two years.
Purchases will occur on an "As Needed Basis"
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PROPOSED RESOLUTION NO. R13-063
B. - Approve an agreement with CH2M
Hill of Fort Lauderdale, FL for "HYDROGEOLOGICAL CONSULTING
SERVICES" as a result of RFQ #029-2821-13/DJL as specified by Florida State
Statute 287.055, Consultants' Competitive Negotiations Act. This agreement
will be handled on a task order basis.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
None
10. CITY MANAGER’S REPORT
A. Accept the Art in Public Places Annual Presentation - Program Overview for FY
2012/2013.
PROPOSED RESOLUTION NO. R13-064
B. - Approve to Adopt a Flood
Mitigation Plan
C. Approve measures implementing the City's local hearing process for Red Light
Camera citations as required by Florida Law.
PROPOSED RESOLUTION NO. R13-065
- Approve the establishment of the
City of Boynton Beach's municipal costs of $85 per in addition to amounts owed
under the Notice of Violation for red light camera violations.
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
None
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14. FUTURE AGENDA ITEMS
A. Police Management Study - August 6, 2103
B. Educational presentation by the Lake Worth Drainage District regarding local
flood preparation and mitigation August (TBD) 2013
C. Announcement of First Budget Hearing to Adopt Proposed Budget at the
regularly scheduled City Commission Meeting to be held on September 3, 2013
at 6:30 p.m. in the City Hall Chambers.
D. Announcement of Second Budget Hearing to Adopt Final Budget and Final
Millage Rate at the regularly scheduled City Commission Meeting to be held on
September 17, 2013 at 6:30 p.m. in the City Hall Chambers.
E. Announcement of Special City Commission Meeting for the Adoption of Final
Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in
the City Hall Chambers
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.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Special City Commission Budget Meetings,
EQUESTED CTION BY ITY OMMISSION
Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday,
July 24, 2013 @ 3:00 p.m. (if necessary) in the Library Program Room at the City Library
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Consider the recommendations of the Financial
EQUESTED CTION BY ITY OMMISSION
Advisory Committee (FAC) presented by Don Scantlan, FAC Chair, in connection with the
upcoming City Commission budget workshops on July 22, 23 and 24.
ER:
This presentation provides a summary to the City
XPLANATION OF EQUEST
Commission of the Committee’s City Services Citizen Survey and four (4) budget
recommendations for the Commission’s consideration in upcoming budget discussions.
The attached Executive Summary for Budget Year 2013-2014 summarizes and lists the
individual recommendations in two (2) attached documents.
City Services Citizen Survey results and recommendation
Four (4) individual recommendations
H?
The recommendations of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Financial Advisory Committee propose cost savings alternatives to consider in
connection with City services.
FI:
The fiscal impact on the budget for FY 2013-14 cannot be determined
ISCAL MPACT
at this time for each of the topics studied.
A:
None
LTERNATIVES
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Finance Advisory Committee
Executive Summary for Budget Year 2013-2014
This Executive Summary covers the efforts undertaken by the Boynton Beach Financial
Advisory Committee to support the budget fiscal year 2013-14. This is the third year of
the Committee’s existence. The attached report provides recommendations and data
that should prove useful to the Commissioners as they undertake a more challenging
effort of creating the FY 2013-14 budgets for the City of Boynton Beach. The volunteers
who make up this Committee put in many hours of effort researching and reporting on
the topics chosen by the Commission to help the Commissioners in their task of
developing a next year’s budget. The support of City Staff, especially Barry Atwood and
Tim Howard, were instrumental in the Committee’s accomplishments.
The Committee began last year with a list of topics for review that contained 14
subjects. The topics were a collection of items where revenue could be increased or
costs reduced and were suggested by City Staff or Committee members. The
Commission requested that the Committee focus on four topics this year; Make or Buy
Other City services, Property/Casualty Insurance Costs, Pension Plans and Intercity
Comparison of Benefits and Development Fees and comparison to Other Cities. The
results are given to the Commissioners in this report for consideration during the
Commission’s upcoming annual budget workshops. In addition to these topics, the
results of the Annual Citizen’s Survey is included.
Compared to last year’s turbulence, membership of the Committee was relatively stable
this year. In September, when the Committee began its effort for the FY 2013-14 budget
year, there was no Vice-Chair, no alternates and there was one opening for a regular
member. Last year a total of five (5) members left the Committee for various reasons
(all matter of public record) with only one addition. This year two members dropped off,
two more were added and two meetings had to be cancelled for lack of a quorum. Also
this year, an amendment was made to the authorizing ordinance which facilitated the
appointment of a Vice Chair.
The following table summarizes the topics studied, the resulting recommendation, the
Committee’s vote results, and the potential impact on the budget for FY 2012-13 that
totals $6.4 million for the General Fund and $8.1 million for all funds.
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Finance Advisory Committee
Executive Summary for Budget Year 2012-2013
The recommendation number and topic below refer to the reference item at the bottom
left side of each of the following FY 2012-2013 Budget Recommendation pages.
No. Topic FAC Vote Results Recommendation Impact; Impact, All
member For/Against General Funds
Fund
1 City Services Don 4/0 Consider citizen’s TBD TBD
Citizen Survey Scantlan opinions
5 Make/Buy Solid Jeff Grady 4/1 Develop a plan for $20-70K to TBD
Waste Collection residential and develop RFP
commercial solid waste
collection using
contracted or
franchised services.
7 Property/Casualty Don 3/1 A. Annual Risk TBD TBD
Insurance Costs Scantlan
Management
Review.
B. Include access to
League of Cities in
RFP/Qs
C. Recognize Pamela
Webb as special
asset for city.
9 Pension Plans Steven 5/0 Switch to FRS for all TBD TBD
Grant city employees
12 Development Fakhry (Ed) 4/0 Raise development TBD TBD
Fees Boulos fees
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Boynton Beach Financial Advisory Committee
FY 2013-2014 Budget Recommendation
Subject/Topic:
Make/Buy Solid Waste Collection
Reviewed By:
Jeff Grady
Recommendation (Specific Action Recommended):
Develop a potential plan for residential
and commercial solid waste collection using contracted or franchised services for all solid waste
collections within the city.
Pros of Recommendation:
There is a potential reduction of operating costs for solid waste
collection of more than 2 million dollars. Future collection fleet replacements could also be
avoided.
Cons of Recommendation:
This City would lose control of the daily operations of solid waste
collections and would rely on contract management to oversee the services.
References (Staff, Documents, and Public):
Angerer, D. (2011). Should Your City Consider Privatization? University of Tennessee Municipal Technical
Advisory Service.
Levin, J., & Tadelis, S. (2008). Contracting for Government Services: Theory and Evidence from US Cities.
Berkeley: Stanford University & University of California Berkeley.
National Solid Waste Management Association. (2013). Privatization: Saving Money, Maximizing
Efficiency. Washington.
http://www.boynton-beach.org/departments/solid_waste/index.php
http://www.fresno.gov/NR/rdonlyres/1D172901-EF55-4840-B5A4-
E546A96445F3/26611/FY2013MidYearUpdate_Final.pdf
http://www.keywestcity.com/egov/documents/1345470842_715881.pdf
http://www.gfoa.org/downloads/GFRAug04.pdf
http://www.environmentalistseveryday.org/solid-waste-management/privatization-saving-
money-maximizing-efficiency/index.php
Impact on 2013/2014 Budget:
Cost estimate of $20,000 to $70,000 to develop RFP meeting
service needs and regulatory requirements.
Impact on Citizens:
Change of same services from city branded to commercially branded
Impact on Staff:
32 field employees would need reassignment, retraining, placement, or other
assistance.
Committee Vote Result: For: __4___ Against: __1___
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Boynton Beach Financial Advisory Committee
FY 2013-2014 Budget Recommendation
Subject/Topic
: Property/Casualty insurance costs
Reviewed By
: Don Scantlan
Recommendation (Specific Action Recommended)
:
A. As part of the annual budget workshops, conduct a Risk Management review of all policies
and establish a Commission strategy for Risk Management.
B.In all future RFP/Q require that respondents be able to get quotes from League of Cities.
C.Recognize the special asset that the city has in Pamela Webb.
Pros of Recommendation
: A. The establishment of Risk Management strategies and policies
can have a significant impact on city resources. The point at which the city assumes itself or
pays to share risk is a quintessential policy decision. This policy decision (risk management
strategy) could warrant an workshop all of its own, however, I think having a discussion of risk
management strategies as part of the annual budget workshop could suffice and would be a great
improvement over past practices. Requiring. B. The League of Cities has risk management
services that are specific to the unique situations of municipalities. C. Retaining high
performing staff can ensure the city performs its services and duties in an efficient and effective
manner.
Cons of Recommendation
: A. Risk Management Strategy is a complex topic. Its discussion
at the annual budget workshop could put pressure on other agenda items. B. Placing this
requirement in future RFP/Qs could reduce the pool of eligible respondents. However, not being
able to get quotes from League of Cities for Risk Management products and services also
reduces the pool of available quotes. C. I see no negative effect of recognizing well performing
staff.
References (Staff, Documents, and Public)
: I did a phone interview with Frank Babbon, the
Risk Manager for Delray Beach. I reviewed the Lake Worth Request for Proposals (RFP#11-
12-213) for Property; Inland Marine; Boiler & Machinery; Crime; Public Official Liability;
Excess Automobile Liability; Excess General Liability; Excess Worker’s Compensation. I
conducted an in-person interview with City Staff: Pamela Web, Julie Oldbury and Tim Howard.
Impact on 2013/14 Budget
: Depending upon the Risk Management strategy chosen by the
Commission and upon future events, hundreds of thousands of dollars could be saved each year
by raising deductibles, eliminating coverage (which also increases risk of future costs).
Impact on Out Year Budgets
: Depending upon the Risk Management strategy chosen by the
Commission and upon future events, hundreds of thousands of dollars could be saved each year
by raising deductibles, eliminating coverage (which also increases risk of future costs).
Impact on Citizens
: Depending upon the Risk Management strategies chosen by the
Commission and upon future events property tax rates could be reduced or increased.
Impact on City Staff
: Except recommendation C, there is no impact on City Staff.
Committee Vote Result: ForAgainst
: _3__ : _1__
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Boynton Beach Financial Advisory Committee
FY 2013-2014 Budget Recommendation
Subject/Topic
: Annual Citizen’s Survey
Reviewed By
: Don Scantlan
Recommendation (Specific Action Recommended)
: The Citizen’s Survey is conducted to
provide the City leaders with another data point to consider when making resource allocations
and budget decisions. There were 155 respondents who agreed to the privacy policy and were
allowed to answer the questions (not agreeing with the privacy policy prevents the respondent
from continuing by the software). The sample size of 155 is considered statistically significant
for Boynton’s population of 18YO and over of 55,067 (per 2010 census) at a 95% confidence
level with a confidence interval of +/- 7.9. Not all respondents answered all of the questions;
therefore, the actual confidence level and interval of each specific question will vary. This year a
narrative response was allowed on three questions as a technique to collect more citizens’
opinions, than allowed by a closed question technique. I conducted a categorical analysis of the
narrative responses to assist the leadership in reviewing the responses. The specific responses
and the categorical analysis are attached to this recommendation as an executive summary of
those responses.
Pros of Recommendation
: Use of the data in the survey should increase the likelihood that the
Commission is making its budget decisions in line with the desires of their constituents.
Cons of Recommendation
: While the sample size does represent a statistically significant
representation of the adult population of Boynton Beach, a larger sample size would allow a
higher degree of confidence in the outcomes. Also, there were three narrative responses allowed
this year, Questions 9, 11 and 21, Their responses are organiz3d into categories in the analysis
that follows this recommendation page.
References (Staff, Documents, and Public)
:
Impact on 2013/14 Budget
: Depends upon actions taken by the Commission during budget and
policy decisions.
Impact on Out Year Budgets
: Depends upon actions taken by the Commission during budget
and policy decisions.
Impact on Citizens
: Depends upon actions taken by the Commission during budget and policy
decisions.
Impact on City Staff
: Depends upon actions taken by the Commission during budget and
policy decisions.
Committee Vote Result: ForAgainst
: _4__ : _0__
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Executive Summary of Annual Citizen’s Survey
Questions 1&2. Agree to Privacy Policy. The respondent must agree to the privacy policy in
order to continue with the survey. There are two questions, because, they are asked once, then if
they say no they are asked again to see if they want to agree with the policy or leave the survey.
If they answer the second question no, they are exited from the survey. If they answer yes, they
are allowed to proceed.
Question 3. Residence/Business status. 73.6% (106) respondents maintain a residence in
Boynton Beach. 16% (23) owned AND operated a business in Boynton Beach. 6.3% owned a
business in Boynton Beach, but, do not have a residence here and 4.2% (6) had neither a business
or residence in Boynton Beach.
Question 4. Years of residence. Most people (133) skipped this question (it was only available
to those who answered that they both owned a business and maintained a residence in Boynton
Beach). Of those that answered the biggest category (39.1%) was less than 5 years.
Question 5. Years of business operation. Most people (133) skipped this question (it was only
available to those who answered that they both owned a business and maintained a residence in
Boynton Beach). Of those that answered, the biggest category (56.5%) was less than 5 years.
Question 6. Years of residence. Available to those answered Q3 with option 2 (residence/no
business). Less than 5 years was the largest category (27.6%). Three of the remaining four
categories were relatively close to 20% and the category 16-20 years was the smallest at 14.3%.
Question 7. Years of business operation. Available to all regardless of how they answered Q3.
Only 9 people answered this question. Less than 10 years (combination of two 5-year categories
accounted for 2/3 of the answers.
Question 8. Your District. Districts 3 had the most respondents with 49.2%.. District 2 had the
least again this year with 14.3% (but was within 2 responses of district 1).
Question 9. Your factor to reside/own business in Boynton Beach. 86.1% (106) listed Public
Safety as Very or Extremely Important. The lowest response for extremely important was (again
this year) cultural factors (which also had the lowest rating average). The highest response for
unimportant was Schools. This question had allowed a narrative response. The responses are
categorized in the categorical analysis that follows.
Question 10. Options to reduce deficit. 44.8% chose combination of eliminating services and
raising property taxes and fees.
Question 11. Which General Fund services would you eliminate or cut? 48.9% said to reduce
library hours. Approximately one third of respondents selected; Close one or more parks or
recreation centers and eliminate median landscaping. It should be noted that in the narrative
responses allowed to question 11, several respondents said reduce waste/improved efficiency
should have been a choice. I recommend that when the survey is done next year that a narrative
question ask residents where they think the waste exists.
Question 12. Police coverage/response time. 64.8% (68)selected increase property taxes. Last
year this question was a near tie within the margin of error of the survey. This year a definite
preference is shown in the answers with almost 2/3 preferring increase taxes over reduced
coverage.
Question 13. Fire assessment increase. This year answers showed a slight preference for an
increase in the assessment over reduction of services. Last year was an absolute tie (50%) for
both yes/no.
Question 14. Raising taxes/fees. Raising fines (77.7%) closely followed by rentals (65.7%)
were the top Strongly agree/agree responses with Business tax receipt (26.61%) getting the most
that disagreed/strongly disagreed.
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Question 15. Would you agree to increase in revenues limited to same as cost of living increase?
Over 2/3 (70.5%) of the respondents would agree to revenue increases up to the cost of living
increase.
Question 16. Support for School House Museum. 57.1% of respondents did not support the
city’s current support for the School House Museum at the current level.
Question 17. (Respondent characteristic question) Age ranges 25-44 and 45-64 were tied with
50 count each.
Question 18. (Respondent characteristic question) Family income: range of over $100K was
selected by 30.5% of the respondents with $50-74K next most with 25.7%. The smallest
category was below $30K with 4.8%.
Question 19. Your name and address: 23 persons chose to provide their name and address.
Question 20. Would you like a copy of the final report? 35 persons provided email addresses
and requested copies of the final survey report.
Question 21. What suggestions would you have to help close any projected General Fund budget
gap? This question had allowed a narrative response. The responses are categorized in the
categorical analysis that follows.
Categorical analysis of Narrative responses to Questions 9, 11, and 21.
I summarized the responses into general categories. The “Other” category was used for
responses that did not answer the question.
Question 9. Why locate in Boynton?
Location-3 (hospital, beaches, relatives)
Public Safety
Low taxes
Entertainment
History/historic buildings
Home prices
Other-3
Question 11. What to eliminate or cut?
Police-2
Fire-4
Line by line review of department budgets/requirements
Eliminate corruption
Eliminate curb side recycling
Reduced landscaping-2
Reduced art-2
Reduce events-2
Reduced Parks/recreation
Reduce public works/maintenance/equipment
Reduced street lighting
Waste/redundancies (increased efficiencies)
Sell unused real estate
Contract solid waste
Reduce overtime
Reduce commissioners pay
Change employees to 401K
Other-5
Question 21. Suggestion to reduce budget gap?
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Increase gasoline tax
Raise taxes/ franchise fees-2
Line by line budget review (in public)-3
Reduce school house museum support
Increase CRA and community events
Close CRA offices
Reduce city employee benefits-3, (eliminate DROP, change to 401K)
Lower restrictions on business/economic development
Reduce waste in operations
Reduce downtown development efforts
Sell land owned by city/CRA
Fire dept to County-2
Reduce landscaping-2
Reduce size of city staff
Increase use of renewable/recycled energy
Eliminate curb side recycling
Eliminate funding to support old high school
Once a week trash pick-up
Other-4
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5. A
ADMINISTRATIVE
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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
Code Compliance Board: 1 regular and 2 alternates
Community Relations Board: 2 regulars and 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 2 regulars and 2 alternates
Historic Resource Preservation Board: 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 regular and 2 alternates
Planning and Development Board: 1 regular
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 regular and 1 alternate
.
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.
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FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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APPOINTMENTS AND APPLICANTS FOR JULY 16, 2013
Arts Commission
Mayor TaylorReg 3 yr term to 12/14 Tabled (2)
III Fitzpatrick Alt 1 yr term to 12/13 Tabled (3)
I Merker Alt 1 yr term to 12/13 Tabled (2)
Applicants
None
__________________________________________________________________
Building Board of Adjustment & Appeals
II Hay Reg 3 yr term to 12/13
IV Casello Reg 3 yr term to 12/15 Tabled (3)
Mayor Taylor Reg 3 yr term to 12/15 Tabled (3)
III Fitzpatrick Alt 1 yr term to 12/13
I Merker Alt 1 yr term to 12/13 Tabled (3)
Applicants
None
Code Compliance Board
II Hay Reg 3 yr term to 12/13 Tabled (3)
III Fitzpatrick Alt 1 yr term to 12/13
IV Casello Alt 1 yr term to 12/13
Applicants
William Cywnar - Regular
_____________________________________________________________
Community Relations Board
II Hay Reg 3 yr term to 12/15 Tabled (2)
IV Casello Reg 3 yr term to 12/15
III Fitzpatrick Alt 1 yr term to 12/13
Applicants
None
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Education and Youth Advisory Board
II Hay Alt 1 yr term to 12/13 Tabled (3)
Applicants
None
__________________________________________________________
Financial Advisory Committee
I Merker Alt 1 yr term to 6/12 Tabled (2)
II Hay Alt 1 yr term to 6/13 Tabled (2)
III Fitzpatrick Reg 3 yr term to 6/14 Tabled (2)
Mayor Taylor Reg 3 yr term to 6/16 Tabled (2)
Applicants
None
__________________________________________________________
Historic Resource Preservation Board
Mayor Taylor Alt 2 yr term to 4/15 Tabled (3)
Applicants
None
__________________________________________________________
Library Board
III Fitzpatrick Alt 1 yr term to 12/13 Tabled (3)
IV Casello Alt 1 yr term to 12/13 Tabled (2)
Applicants
None
__________________________________________________________
Recreation and Parks Board
III Fitzpatrick Reg 3 yr term to 12/15 Tabled (3)
IV Casello Alt 1 yr term to 12/13 Tabled (3)
Mayor Taylor Alt 1 yr term to 12/13 Tabled (3)
Applicants
Renee Stern
Trevor Rosecrans
Planning and Development Board
Mayor Taylor Reg 2 yr term to 12/14
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____________________________________________________________________
Senior Advisory Board
IV Casello Reg 2 yr term to 12/13 Tabled (3)
Mayor Taylor Reg 2 yr term to 12/14 Tabled (3)
I Merker Reg 2 yr term to 12/14 Tabled (3)
II Hay Alt 1 yr term to 12/13 Tabled (3)
Applicants
None
__________________________________________________________
Special Events Ad Hoc Committee
III Fitzpatrick Reg 2 yr term to 12/13 Tabled (3)
IV Karageorge Alt 1 yr term to 12/13 Tabled (2)
Applicants
None
__________________________________________________________
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6. A
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R13-059 -
EQUESTED CTION BY ITY OMMISSION
Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Montus
th
Desulma of 316 S.W. 15 Avenue, Boynton Beach, Florida, 33435 and authorizing the City
Manager to execute the Subordination Agreement.
EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first
position on a mortgage, of new charges, claims or mortgages on a given property. In subordination the
original lender loses its first, or priority, position on the property and becomes subordinate to the new
charge, claim or mortgage. In this case, Mr. Desulma rehabilitated his home through the City’s Home
his current mortgage was financed in January 28, 2011, with
Improvement Program in 2012;
Chase Bank for $134,124 at 4.875% maturing February 1, 2041. Mr. Desulma wants to refinance
his home with Home Affordable Refinance Program (HARP) to a current 30 year, conventional
mortgage for $136,078, at 3.375%. In doing so, he will reduce his monthly payments by
$139.57.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES: There is no affect to city programs or services;
Mr. Desulma is merely taking advantage of a federal program designed to assist responsible
homeowners that have found themselves underwater in their current mortgage[s], and looking for
financial relief.
FISCAL IMPACT: There is no fiscal impact, as the City would still maintain its initial investment in the
project of $49,450.00.
ALTERNATIVES: Not to subordinate the mortgage.
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE SUBORDINATION OF THE CITY’S MORTGAGE
WITH MONTUS DESULMA IN FAVOR OF OCEANSIDE
MORTGAGE COMPANY; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SUBORDINATION
AGREEMENT BY THE CITY OF BOYNTON BEACH IN
FAVOR OF OCEANSIDE MORTGAGE COMPANY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to authorize the City Manager to execute a
Subordination Agreement in favor of Oceanside Mortgage Company for Montus Desulma.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
approve the request for subordination of the City’s Mortgages and authorize the City Manager to
execute the Subordination Agreement for Montus Desulma in favor of Oceanside Mortgage
Company, a copy of which is attached hereto as Exhibit “A”.
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
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)
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6. B
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R13-060 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach
ER:
In accordance with the Municipal Lien Procedure on file in
XPLANATION OF EQUEST
the City of Boynton Beach, the attached list contains the addresses of properties cited
by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 30-day
period. Copies of the invoices were then forwarded to the City Clerk’s Office for
continuation of the procedure. The property owners were 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 attached list contains the names of the property owners who have
still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these
properties 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 each 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 owners 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.
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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.
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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
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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 July , 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}
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6. C
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R13-061 -
EQUESTED CTION BY ITY OMMISSION
Approve new language for Rule #1-M of the Cemetery Rules and Regulations
ER:
At the March 14, 2013 Cemetery Board meeting, the
XPLANATION OF EQUEST
members addressed the issue of transfers of ownership of crypts and niches at the
Boynton Beach Mausoleum.
The City of Boynton Beach now allows owners of crypts and niches to transfer
ownership of those Mausoleum spaces. Administrative services are required to
accomplish this. The Cemetery Board reviewed this issue and unanimously agreed to
recommend to the City Commission that they approve the following language for Rule
#1-M of the Cemetery Rules and Regulations:
“A transfer fee of $75 will be charged when a previously purchased
crypt or niche is resold. The City will buy back unused crypts or
niches at 80% of the original contract price or 80% of the City’s
current selling price, whichever is less.”
H?
The implementation of this fee will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
assist the City in recouping the administrative fee for providing this service.
FI:
N/A
ISCAL MPACT
A:
The alternative would be to not approve the rule change and not
LTERNATIVES
recover any of the administrative costs of providing this service.
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RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH AMENDING RULE #1-M OF
THE CEMETERY RULES AND REGULATIONS TO ADD A
$75.00 TRANSFER FEE LANGUAGE ALLOWING THE
CITY TO BUY-BACK CRYPTS AND NICHES AT THE
BOYNTON BEACH MAUSOLEUM; PROVIDING AND
EFFECTIVE DATE.
WHEREAS,
residents have requested the opportunity to dispose of crypts and niches for
which they no longer have a need; and
WHEREAS
, during the Cemetery Board meeting of March 14, 2013, the members of the
Cemetery Board addressed the issue of transfers of ownership of crypts and niches at the
Boynton Beach Mausoleum and the wording of Rule #1-M; and
WHEREAS
, upon recommendation from the City Cemetery Board, the City
Commission has determined that a revision to Rule #1-M to address the issue of transfers of
ownership of crypts and niches at the Boynton Beach Mausoleum.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH FLORIDA:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach hereby approves the
revision to the Cemetery Rules and Regulations, Rule #1-M, as follows:
“A transfer fee of $75 will be charged when a previously purchased crypt or niche is
resold. The City will buy-back unused crypts or niches at 80% of the original contract
price or 80% of the City’s current selling price, whichever is less.”
.
Section 3.
This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED this _________ day of __________, 2013.
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CITY OF BOYNTON BEACH
_______________________________
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)
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6. D
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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 "Aspen Glen PUD" record plat,
EQUESTED CTION BY ITY OMMISSION
conditioned on the approval being the certification of the plat documents by Andrew P. Mack
(Building Official/City Engineer).
ER:
Approve the record plat that supports the development of
XPLANATION OF EQUEST
the subdivided land in accordance with the site plan titled “Aspen Glen PUD”, forty five
(45) single family units.
The subject plat has been reviewed by the Utilities Department, Fire Department,
Planning and Zoning Division, Building Division, Engineering Division, and the City’s
consulting surveyor, to ensure conformance with the site plan approval and the
applicable State and City platting and zoning requirements.
Staff recommends approval of the record plat as presented subject to final signatures by
the City Engineer and Mayor.
H?
The proposed development cannot
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
be implemented until this proposed recorded plat (and construction plans) have
received technical compliance pursuant to the Land Development Regulations. The
Land Development Permit (LDP) cannot be issued until the proposed plat is acceptable
for recording with the Clerk of the Circuit Court of Palm Beach County, Florida.
Construction permitting commences after the issuance of the LDP.
FI:
None
ISCAL MPACT
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A:
The proposed development will continue in abeyance until the proposed
LTERNATIVES
record plat is received in acceptable form, and the construction plans have been
approved for permitting.
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6. E
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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 (9) in-car cameras, (9)
EQUESTED CTION BY ITY OMMISSION
upgrades from 4GB flash cards to 8GB flash cards, (18) 8GB flash cards, and ignition power-up
options in the amount of $40,432 from Digital Ally, Inc. in Overland Park, KS as a sole source
purchase.
ER:
The Police Department is requesting payment to Digital Ally,
XPLANATION OF EQUEST
th
Inc (7311 W. 130 Street Suite 170, Overland Park, KS 66213) in the amount of
$40,432.00 for the purpose of purchasing (9) in-car cameras, (9) upgrades from 4GB
flash cards to 8GB flash cards, (18) 8GB flash cards, and ignition power-up options for
each camera.
Digital Ally is the sole manufacturer and supplier of the DVM 500 Plus Digital In-Car
Video System. These items will be the same as all of Police Department’s other
systems which were purchased from Digital Ally, as well as the back-end database
software that stores, indexes and manages the video. There are no resellers of these
systems and they are only available from Digital Ally directly.
Since the police department resumed responsibility for the installation and maintenance
of the cameras from City Shop, Technical Services has done a complete inventory,
upgraded the firmware in all existing cameras, identified those cameras that require
repair, purchased the necessary parts for those repairs, and identified Road Patrol
vehicles that have no cameras. Additionally, we have upgraded the software in the two
systems in the Evidence Locker that is used to upload the videos, upgraded the
software in the server where the videos are stored, and replaced the hardware by taking
advantage of our new virtual system.
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H?
In-car camera systems provide
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
many benefits for law enforcement including: increased officer safety, resolving
complaints, preserving the chain of evidence, improved officer training, and improved
public opinion.
We will be installing these cameras in vehicles that currently have no camera in them or
have an older system that needs replacing, moving us one step closer to having all
vehicles outfitted with cameras.
FI:
This purchase will be paid for from the Police General Donation
ISCAL MPACT
Account (691-5000-590-04-39).
A:
The alternative is not installing in-car cameras in vehicles currently
LTERNATIVES
without a system and/or not replacing the existing malfunctioning/broken cameras.
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6. F
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R13-062 -
EQUESTED CTION BY ITY OMMISSION
Approve the request of Knollwood HOA for traffic enforcement in their development.
ER:
The Knollwood community is a private community with
XPLANATION OF EQUEST
private roadways. They have requested that the police department provide traffic
enforcement within their community.
H?
There will be no impact to the city
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
as the police department already patrols this area for criminal activity.
FI:
There will be no fiscal impact to the city.
ISCAL MPACT
A:
Not approve resolution for traffic enforcement.
LTERNATIVES
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RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
TRAFFIC ENFORCEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND KNOLLWOOD
HOMEOWNERS’ ASSOCIATION, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
KnollwoodHomeowners’ Association, Inc.,(hereinafter referred to as
“Association”) owns or controls certain private roads lying and being in the City of Boynton
Beach, Florida; and
WHEREAS
, Association does not have the power to enact or enforce traffic laws within
the Association, nor can it hire others with police power to do so; and
WHEREAS
, pursuant to Chapter 316.006(1)(b), Florida Statutes, the Association hereby
grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those certain
private roads in said Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic Enforcement
between the City of Boynton Beach, Florida and Knollwood Homeowners’ Association, Inc., a
copy of which is attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon
passage.
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PASSED AND ADOPTED
this _____ day of July, 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)
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6. G
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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 June 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 June
2013:
Purchase Order Vendor Amount
130863-Emergency PO Intercounty Engineering, Inc. $ 88,700.00
130880 WW Sod & Equipment Co. $ 12,000.00
130883 Emergency Medical Consultants $ 10,925.00
130901 Uretek ICR, LCC $ 10,560.00
130916 Wilkerson Instrument Co. $ 17,298.00
130917 Motorola Solutions, Inc. $ 16,490.00
130798 Apollo Sunguard Systems $ 11,603.60
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
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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.
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
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6. H
CONSENT AGENDA
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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 minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on July 2, 2013
The City Commission met on July 2, 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
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7. A
BIDS AND PURCHASES OVER $100,000
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Award Bid No. 050-2821-13/JMA for "The Supply
EQUESTED CTION BY ITY OMMISSION
and Installation of Water Service Connections and Restoration for a Two Year Term" to Line-Tec
of Delray Beach, FL, as the lowest, most responsive, responsible bidder; with an estimated
expenditure of approximately $850,000 over the next two years. Purchases will occur on an "As
Needed Basis"
:J17,2013J16,2015
BIDTERM
ULY THROUGH ULY
ER:
XPLANATION OF EQUEST
On June 17, 2013 the City received and opened two bids for “The Supply and
Installation of Water Service Connections and Restoration for a Two Year Term”, Bid
No. 050-2821-13/JMA. This bid solicited contractors to perform connection services
from the City’s water main to the customer’s house valve. This can include the line from
the main to the water meter; the water meter and its appurtenances; and the line from
the meter box to the house connection.
Services are utilized to undertake repairs in the water distribution system with the
emphasis on the replacement of water service connections during the meter migration
project. Customer line replacement issues include poor water quality, low flow, and
small projects that include main replacements
The meter migration project has completed Phase I of replacement of failed reading
units (MXU’s); Phase II is currently transitioning for replacement of the remainder of all
reading units throughout the Utility Service Area. Replacement of the remaining units is
the City’s responsibility.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Utilization of this contract provides a consistent contractor to perform customer
connections. The recommended contractor also has a Plumber’s license which
qualifies them to move service connections if needed. The meter migration project is an
infrastructure improvement and technology improvement; and, with the assistance of a
qualified contractor, the project completion date shortens and become more
manageable with a target completion of Spring 2014.
FI:
ISCAL MPACT
Miscellaneous connections are estimated in two ways, casing and connections for
$1,600 and $2,250 respectively, for an approximate total of $100,000 over two years.
These are funded through various funds, which would include operating, and Renewal
and Replacement reserves.
The meter migration project is funded out of the Renewal and Replacement reserves
and has approximately 23,500 remaining accounts to be converted with an estimated
$30.00 per connection for a total of $705,000.00 plus $45,000.00 for unforeseen issues.
Contract Term: This bid is for a two year term and provisions for two one-year
extensions subject to vendor acceptance, satisfactory performance and determination
that the renewal is in the best interest of the City.
A:
LTERNATIVES
One alternative would be to not award the bid and have staff perform line connections.
Staff would also be required to complete the remainder of the meter migration project,
possibly violating the Sensus Agreement to have the system fully migrated by
September 2016. With the number of units, the current staff load, and staff turnover,
the project could be delayed.
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7. B
BIDS AND PURCHASES OVER $100,000
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R13-063 -
EQUESTED CTION BY ITY OMMISSION
Approve an agreement with CH2M Hill of Fort Lauderdale, FL for "HYDROGEOLOGICAL
CONSULTING SERVICES" as a result of RFQ #029-2821-13/DJL as specified by Florida State
Statute 287.055, Consultants' Competitive Negotiations Act. This agreement will be handled on a
task order basis.
TA:T(2)
ERM OF GREEMENT WO YEARS FROM EXECUTION WITH THE PROVISION TO RENEW FOR
(3)(1),.
THREE ADDITIONAL ONE PERIODS UNDER THE SAME TERMS AND CONDITIONS
ER:
On June 18, 2013 the City Commission approved the list of
XPLANATION OF EQUEST
top ranking qualifiers identified by the Evaluation Committee from the responses
received from RFQ #029-2821-13/DJL for Hydrogeological Consulting Services in
accordance with Florida State Statute 287.055 “Consultants’ Competitive Negotiations
Act” and authorized staff to negotiate with CH2M Hill, the top ranked qualifier.
The RFQ was advertised and submittals opened on April 19, 2013 The City received
and reviewed seven (7) submittals and submitted the top three (3) ranked qualifiers to
the City commission on June 18, 2013 for their approval and authorization to move
forward with negotiations for compensation of services with CH2M Hill, according to
Florida State Statute 287-55, Consultants’ Competitive Negotiations Act. Negotiations
were held on June 27, 2013.
Staff has successfully completed negotiations with CH2M Hill, establishing a price rate
schedule that will be the basis of cost for all upcoming projects. Therefore, further
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authorization is needed to authorize the City Manager to execute an agreement with
said Consultant for the Hydrogeological Consulting services.
CH2M Hill will provide support for projects in the areas of Aquifer Storage and Recovery
(ASR) Wells, Deep Injection Wells, Landfills, and Ground Water Monitoring. Individual
task orders will be generated as specific actions are realized. There may be other
related tasks not mentioned that will be required during the course of the agreement.
The scope of services is provided as Attachment “A” and the negotiated Fee schedule is
provided as Attachment “B” to the agreement.
A task order will be issued for individual projects and consultant will prepare a cost
estimate for the specific task order in accordance with the hourly rates included in the
executed agreement.
Task orders in excess of $25,000 will be brought back to the City Commission for
approval.
H?
This agreement will provide for the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
issuance of task orders in connection with projects included under the scope of
services. Individual task orders in excess of $25,000 will be brought back to City
Commission for approval. This agreement will provide needed services to handle
permitting issues with both the Florida Department of Environmental Protection (FDEP)
and the Palm Beach County Health Department (PBCHD).
FI:
The costs of the individual task orders will be paid from approved
ISCAL MPACT
projects or budgets within the Utilities Department or other City Departments.
A:
Not approve the contract and issue RFQ’s per project for these services
LTERNATIVES
which staff believes would lengthen the overall timeline of projects.
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING
THE AWARD OF A CONSULTANT AGREEMENT WITH CH2M HILL OF FORT
LAUDERDALE, FLORIDA FOR “HYDROGEOLOGICAL CONSULTING SERVICES”
IN RESPONSE TO RFQ #029-2821-13/DJL; AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONSULTANT AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE
.
WHEREAS,
on April 19, 2013, Procurement Services received and opened seven (7)
submittals in response to RFQ #029-2821-13/DJL for “HYDROGEOLOGICAL CONSULTING
SERVICES” and submitted the top three (3) qualifiers to the City Commission on June 18, 2013
for their approval and authorization to move forward with negotiations for compensation of
services with CH2M Hill; and
WHEREAS,
staff has successfully completed negotiations with CH2M Hill and
authorization is needed for the City Manager to execute a Consultant Agreement for the
Hydrogeological Consulting services; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
a Consultant Agreement with CH2M Hill of Fort Lauderdale, Florida for
“HYDROGEOLOGICAL CONSULTING SERVICES” as a result of RFQ #029-2821-13/DJL
and authorizes the City Manager to execute the Consultant Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT
:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the award of a Consultant Agreement with CH2M Hill of Fort Lauderdale, Florida for
“HYDROGEOLOGICAL CONSULTING SERVICES” as a result of RFQ #029-2821-13/DJL
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and authorizes the City Manager to execute the Consultant Agreement, a copy of which is
attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of _________, 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)
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HYDROGEOLOGICAL CONSULTING SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter
referred to as “CITY”, and CH2M Hill hereinafter referred to as “CONSULTANT”, in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton
Beach solicited proposals for a non-exclusive Contract to perform professional services with an
engineering firm for required services, and
WHEREAS, THE CITY issued a Request for Qualifications for Hydrogeological
Consulting Services, RFQ No. 029-2821-13/DJL; and
WHEREAS, RFQ No. 029-2821-13/DJL defined Scope of Services as
CONSULTANT to provide Hydrogeological Consulting Services for support in the areas
of: Aquifer Storage and Recovery (ASR) Wells, Deep Injection Well, Landfill, and
Ground Water Monitoring.
WHEREAS, the CITY determined that CONSULTANT was qualified for
appointment to perform the scope of services set forth in the Request for Qualifications;
and
WHEREAS, the City Manager, through her administrative staff, has successfully
negotiated an Agreement with CONSULTANT defining terms and conditions, and cost
for the performance of consulting and engineering services within the scope of the
Request for Qualifications.
WHEREAS, the CITY Commission on July 16, 2013, determined that
CONSULTANT was qualified for appointment to perform the scope of services set forth
in the Request for Qualifications; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein,
the parties agree as follows:
ARTICLE 1 - SERVICES
CONSULTANT agrees to perform Hydrogeological Consulting engineering
services by way of individual task orders, at the request of the CITY during the term of
this Agreement, including the provision of all labor, materials, equipment and supplies.
The specified project which may be assigned to CONSULTANT is set forth in Exhibit “A”
attached hereto.
The CITY’s Representative during the performance of this Contract shall be Mr.
Michael Low, telephone (561) 742-6403.
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ARTICLE 2 - TERM
The initial Contract period shall be for an initial two (2) years, commencing at the
execution of the contract, and the City reserves the right to unilaterally renew the
contract for three (3) additional one (1) years periods, under the same terms, conditions.
In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY’s discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time
shall this transitional period extend more than one-hundred and eighty (180) calendar
days beyond the expiration date of the existing contract. The CONSULTANT will be
reimbursed for this service at the rate in effect when this transitional period clause was
invoked by the CITY.
ARTICLE 3 - TIME OF PERFORMANCE
Work under this Contract shall commence upon the giving of written notice by the
CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall
perform all services and provide all work product required pursuant to this Agreement
and the specific task order, unless an extension of time is granted in writing by the
CITY.
ARTICLE 4 - PAYMENT
The CONSULTANT shall be paid by the CITY for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by CONSULTANT shall be made in
accordance with the Fee Schedule as provided in Exhibit “B” attached hereto.
b. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
c. The CONSULTANT may submit vouchers to the CITY once per month during
the progress of the Work for partial payment for project completed to date.
Such vouchers will be verified by the CITY, and upon approval thereof,
payment will be made to the CONSULTANT in the amount approved.
d. Final payment of any balance due the CONSULTANT of the total contract
price earned will be made promptly upon its ascertainment and verification by
the CITY after the completion of the Work under this Agreement and its
acceptance by the CITY.
e. Final Invoice: In order for both parties herein to close their books and records,
the CONSULTANT will clearly state “final invoice” on the CONSULTANT’s
final/last billing to the CITY. The final invoice certifies that all services have
been properly performed and all charges and costs have been invoiced to the
CITY. Since this account will thereupon be closed, and any other further
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charges if not properly included on this invoice are considered waived by the
CONSULTANT.
f. The cost of all services as stated herein shall remain fixed and firm for the
initial two (2) year period of the contract. Costs for subsequent years and any
extension terms shall be subject to an adjustment only if increases incur in
the industry. However, unless very unusual and significant changes have
occurred in the industry, such increases shall not exceed 5% per year, or
whichever is less, the latest yearly percentage increase in the All Urban
Consumers Price Index (CPI-U) (National) as published by the Bureau of
Labor Statistics, U.S. Department Labor. The yearly increase, or decrease in
the CPI shall be the latest index published and available ninety (90) days prior
to the end of the contract year then in effect, compared to the index for the
same month one (1) year prior. Any requested cost increase shall be fully
documented and submitted to the CITY at least sixty (60) days prior to the
contract anniversary date. Any approved cost adjustments shall become
effective upon the anniversary date of the contract. In the event the CPI or
industry costs decline, the CITY shall have the right to receive from the
CONSULTANT, a reasonable reduction in costs that reflect such changes in
the industry.
The CITY may after examination, refuse to accept the adjusted costs if they
are not properly documented, increases are considered to be excessive, or
decreases are considered to be insufficient. In the event the CITY does not
wish to accept the adjusted costs and the matter cannot be resolved to the
satisfaction of the CITY, the Contract may be cancelled by the CITY upon
giving thirty (30) calendar days written notice to the CONSULTANT.
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
All documents, drawings, specifications and other materials produced by the
CONSULTANT in connection with the services rendered under this agreement shall be
the property of the CITY whether the project for which they are made is executed or not.
The CONSULTANT shall be permitted to retain copies, including reproducible copies, of
drawings and specifications for information, reference and use in connection with
CONSULTANT’s endeavors. Any use of the documents for purposes other than as
originally intended by this Agreement, with out the written consent of CONSULTANT,
shall be at the CITY’s sole risk.
ARTICLE 6 - FUNDING
This Agreement shall remain in full force and effect only as long as the
expenditures provided in the Agreement have been appropriated by the CITY in the
annual budget for each fiscal year of this Agreement, and is subject to termination
based on lack of funding.
ARTICLE 7 - WARRANTIES AND REPRESENTATIONS
CONSULTANT represents and warrants to the CITY that it is competent to
engage in the scope of services contemplated under this Agreement and that it will
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retain and assign qualified professionals to all assigned projects during the term of this
Agreement. CONSULTANT’s services shall meet a standard of care for professional
engineering and related services equal to the standard of care for engineering
professional practicing under similar conditions. In submitting its response to the RFQ,
CONSULTANT has represented to CITY that certain individuals employed by
CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has
relied upon such representations. Therefore, CONSULTANT shall not change the
designated Project Manager for any project without the advance written approval of the
CITY, which consent may be withheld in the sole and absolute discretion of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
CONSULTANT shall, in performing the services contemplated by this service
Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
Agreement.
ARTICLE 9 - INDEMNIFICATION
CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices,
agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to CONSULTANT’s own
employees, or damage to property occasioned by a negligent act, omission or failure of
the CONSULTANT. Neither party to this Agreement shall be liable to any third party
claiming directly or through the other respective party, for any special, incidental,
indirect or consequential damages of any kind, including but not limited to lost profits or
use that my result from this Agreement or out of the services or goods furnished
hereunder.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract,
CONSULTANT shall maintain the following insurance policies, and
provide originals or certified copies of all policies, and shall be written by
an insurance company authorized to do business in Florida.
10.1.1 Worker’s Compensation Insurance: The CONSULTANT shall
procure and maintain for the life of this Contract, Worker’s
Compensation Insurance covering all employees with limits
meeting all applicable state and federal laws. This coverage shall
include Employer’s Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub-
Consultant that does not have their own Worker’s Compensation
and Employer’s Liability Insurance. The policy must contain a
waiver of subrogation in favor of the CITY of Boynton Beach,
executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure
and maintain for the life of this Contract, Comprehensive General
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Liability Insurance. This coverage shall be on an “Occurrence”
basis. Coverage shall include Premises and Operations;
Independent Contractors, Products Completed Operations and
Contractual Liability with specific reference of Article 7,
“Indemnification” of this Agreement. This policy shall provide
coverage for death, personal injury or property damage that could
arise directly or indirectly from the performance of this Agreement.
CONSULTANT shall maintain a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury/ and
$1,000.000 per occurrence/aggregate for property damage. The
general liability insurance shall include the CITY as an additional
insured and shall include a provision prohibiting cancellation of the
policy upon thirty (30) days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure
and maintain, for the life of this Contract, Business Automobile
Liability Insurance. The CONSULTANT shall maintain a minimum
amount of $1,000,000 combined single limit for bodily injury and
property damage liability to protect the CONSULTANT from claims
for damage for bodily and personal injury, including death, as well
as from claims for property damage, which may arise from the
ownership, use of maintenance of owned and non-owned
automobile, included rented automobiles, whether such operations
be by the CONSULTANT or by anyone directly or indirectly
employed by the CONSULTANT.
10.1.4 Professional Liability (Errors and Omissions) Insurance: The
CONSULTANT shall procure and maintain for the life of this
Contract in the minimum amount of $1,000,000 per occurrence.
10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-
contractors comply with the same insurance requirements referenced
above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by
the CONSULTANT of additional liability insurance coverage or coverage
which is different in kind, the CITY reserves the right to require the
provision by CONSULTANT of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such
change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the CONSULTANT fail or refuse to
satisfy the requirement of changed coverage within the thirty (30) days
following the CITY’s written notice, the CITY, at its sole option, may
terminate the Contract upon written notice to the CONSULTANT, said
termination taking effect on the date that the required change in policy
coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination
of the Agreement, maintain a “tail coverage” in an amount equal to that
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described above for Comprehensive Liability Insurance on a claims-made
policy only
ARTICLE 11 - INDEPENDENT CONTRACTOR
11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an
independent consultant with respect to the services provided pursuant to
this Agreement. Nothing in this Agreement shall be considered to create
the relationship of employer and employee between the parties hereto.
Neither CONSULTANT nor any employee of CONSULTANT shall be
entitled to any benefits accorded CITY employees by virtue of the services
provided under this Agreement. The CITY shall not be responsible for
withholding or otherwise deducting federal income tax or social security or
for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONSULTANT, or any
employee of CONSULTANT.
11.2 CONSULTANT acknowledges and understands that, as an independent
consultant pursuant to this Agreement, CONSULTANT shall comply with
Chapter 119, Florida Statutes, as amended (Public Records).
CONSULTANT’s obligation includes, but is not limited to CONSULTANT’s
obligation to preserve public records and make public records available to
third parties in addition to the CITY.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that he has not employed or retained any company
or person, other than a bonafide employee working solely for the CONSULTANT, to
solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the CITY shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the
execution of a truth-in-negotiation certificate certifying that the wage rates
and costs used to determine the compensation provided for in this
Agreement is accurate, complete, and current as of the date of the
Agreement and no higher than those charged the CONSULTANT’s most
favored customer for the same or substantially similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums
should the CITY determine that the rates and costs were increased due to
inaccurate, incomplete, or non-current wage rates or due to inaccurate
representations of fees paid to outside consultants. The CITY shall
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exercise its rights under this “Certificate” within one (1) year following
payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
The CONSULTANT, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ARTICLE 15 - ASSIGNMENT
The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
ARTICLE 16 - NON-WAIVER
A waiver by either CITY or CONSULTANT of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the event of a
written waiver, such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach. The making or acceptance of a payment by either party
with knowledge of the existence of a default or breach shall not operate or be construed
to operate as a waiver of any subsequent default or breach.
ARTICLE 17 – TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the
CITY for convenience, upon ten (10) days of written notice by the
terminating party to the other party for such termination in which event the
CONSULTANT shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the CONSULTANT abandons the Agreement or causes it to
be terminated, CONSULTANT shall indemnify the CITY against loss
pertaining to this termination.
17.2 Termination for Default: In addition to all other remedies available to the
CITY, this Agreement shall be subject to cancellation by the CITY for
cause, should the CONSULTANT neglect or fail to perform or observe any
of the terms, provisions, conditions, or requirements herein contained, if
such neglect or failure continue for a period of thirty (30) days after receipt
by CONSULTANT of written notice of such neglect or failure.
ARTICLE 18 - DISPUTES
Any dispute arising out of the terms or conditions of this Agreement shall be
adjudicated within the courts of Florida. Further, this Agreement shall be construed
under Florida Law.
ARTICLE 19 – UNCONTROLLABLE FORCES
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19.1 Neither the CITY nor CONSULTANT shall be considered to be in default
of this Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non-performing party could not avoid. The term
“Uncontrollable Forces” shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the non-
performing party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
19.2 Neither party shall, however, be excused from performance if non-
performance is due to forces which are preventable, removable, or
remediable, and which the non-performing party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
ARTICLE 20 - NOTICES
All notices required in this Contract shall be sent to the CITY and shall be mailed to:
City of Boynton Beach Copy to:
Attn: Michael Low, Deputy City of Boynton Beach
Director of Utility Operations
Attn: Procurement Services Division
124 E. Woolbright Road
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Boynton Beach, FL 33435
And if Notices to CONSULTANT, shall be sent to the following address:
CH2M Hill
Attn: Gerrit Bulman
550 W. Cypress Creek Road
Suite 400
Fort Lauderdale, Florida 33309
ARTICLE 21 - INTEGRATED AGREEMENT
This Agreement, together with the RFQ/RFP, CONSULTANT’s Proposal
submission and any addenda and/or attachments, represents the entire and integrated
agreement between the CITY and the CONSULTANT and supersedes all prior
negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both CITY and CONSULTANT.
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ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability
provided for in Section 768.28, Florida Statute, as may be emended from
time to time, or any successor statute thereof. To the contrary, all terms
and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY
of the limitation from liability provided to any successor statute thereof. To
the contrary, all terms and provision contained in the Agreement, or any
disagreement or dispute concerning it, shall be construed or resolved so
as to insure CITY of the limitation from liability provided to the State’s
subdivisions by state law.
22.2 In connection with any litigation or other proceeding arising out of the
Agreement, the prevailing party shall be entitled to recover its own costs
and attorney fees through and including any appeals and any post-
judgment proceedings. CITY’s liability for costs and attorney’s fees,
however, shall not alter or waive CITY’s entitlement to sovereign
immunity, or extend CITY’s liability beyond the limits established in
Section 768.28, Florida Statutes, as amended.
1. Claims, disputes or other matters in question between the parties to
this Agreement arising out of or relating to this Agreement shall be in a
court of law. The CITY does not consent to mediation or arbitration for
any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall
take place in Palm Beach County, Florida.
ARTICLE 23 – PUBLIC RECORDS
23.1 The City of Boynton Beach is a public agency subject to Chapter, Florida
Statutes. The CONSULTANT shall comply with Florida’s Public Records
Law. Specifically, the CUNSULTANT shall:
1. Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service;
2. Provide the public with access to such records on the same terms and
conditions that the City would provide the records and at a cost that
does not exceed that provided in Chapter 119, Florida Statute, or as
otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
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4. Meet all requirements for retaining public records and transfer to the
City, at no cost, all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt. All records stored
electronically must be provided to the City in a format that is
compatible with the information technology systems of the agency.
23.2 The failure of CONSULTANT to comply with the provisions set forth in
this Article shall constitute a Default and Breach of this Agreement and the
City shall enforce the Default in accordance with the provisions set forth in
Article 17.
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IN WITNESS WHEREOF
, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this _____ day of _______________________________________, 20____.
CITY OF BOYNTON BEACH
_____________________________ ________________________________
City Manager Consultant
Attest/Authenticated:
_____________________________
Title
_________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
______________________________ ____________________________
Office of the City Attorney Secretary
ATTACHMENT “A”
SCOPE OF SERVICES
HYDROGEOLOGICAL CONSULTING SERVICES
1.0 SCOPE OF SERVICES TO BE PERFORMED:
Consultant shall provide services utilizing certified Hydrogeologists and other required
personnel for projects involved in the areas of Aquifer Storage and Recovery (ASR)
Wells, Deep Injection Wells, Landfills, and Ground Water Monitoring. Individual task
orders will be generated as specific actions are realized. There may be other related
tasks not mentioned that will be required during the course of this Contract.
A. Aquifer Storage and Recovery (ASR) Wells:
The City has two (2) ASR wells – ASR 1 currently operates on regulations set
prior to the need for the formal permit. ASR 2 currently operates on an
Operational and Testing permit that has recently renewed. The City desires to
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acquire a final operating permit for ASR 2 that will also cover the operation of
ASR 1.
1. Geophysical Logs. Review geophysical logs related to the local South
Florida geological formations and provide guidance in performing area of
review (AOR) calculations and analysis.
2. Monitoring data. Review and analyze monitoring data related to the
operation of the ASR system; provide guidance and interpretation where
necessary.
3. Permits. Aid with the submittal of the appropriate permit application to the
Underground Injection Control (UIC) division of the Florida Department of
Environmental Protection (FDEP), needed to acquire a final operating
permit for the City’s second ASR well and to include ASR 1 which
currently operates on regulations set prior to the need for a formal permit.
Consultant shall also provide support in formally responding to any
Request for Information (RFI) from FDEP/UIC.
B. Deep Injection Well:
The City has a deep injection well (DIW) at its West Water Treatment Plant for
handling effluent from the membrane retentate and from the proposed Resin
treatment plant. The City desires support for the Mechanical Integrity Testing
(MIT) and any permitting issues.
1. Geophysical Logs. Review geophysical logs related to the local South
Florida geological formations and provide guidance in performing area of
review (AOR) calculations and analysis.
2. Monitoring Data. Review and analyze monitoring data related to the
operation of the DIW; provide guidance and interpretation where
necessary.
3. Temperature and Video Logs. Perform temperature and video survey
logging; review and interpret logs as needed.
4. MIT. Perform interim and 5-year MIT – the interim MIT will include
performance of the internal and external radioactive tracer survey (RTS).
5. Report. Submit the final MIT report to the FDEP and the Technical
Advisory Committee for review and approval, including a description of
the tests performed, results and interpretation.
C. Landfill: The City maintains a landfill that was closed about twenty-one (21) years
ago. There are ongoing monitoring reports required for assistance in negotiating
final closure of the permit and post-closure monitoring. The work involves
interpretation of the analytical results from the ground water monitoring and
potential long-term environmental impacts.
D. Ground Water Monitoring: The City will require additional ground water
monitor reporting and interpretation efforts on City-owned properties.
1.1 TASK ASSIGNMENT:
There will be Project Managers for each project based on this resultant Contract. The
Project Managers will prepare scope of services for each task assignment that will be
submitted to the Consultantt to provide the detail of work to be performed to include
milestones, and cost for the specific task order in accordance with the hourly rates
established for this Contract.
ATTACHMENT “B”
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CH2M HILL Engineers, Inc.
Fee Schedule
RFQ No.: 029‐2821‐13/DJL for Hydrogeological Consulting Services
The City of Boynton Beach
Classification Hourly Rate
Office $86.22
Technician $103.53
Designer $105.81
Junior Engineer/Hydrogeologist/Scientist $90.00
Engineer/Hydrogeologist/Scientist $120.00
Senior Engineer/Sr Hydrogeologist/Scientist $155.00
Senior Technologist $191.87
Project Manager $137.74
Senior Project Manager $208.14
Principal $210.00
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10. A
CITY MANAGER’S REPORT
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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 Art in Public Places Annual
EQUESTED CTION BY ITY OMMISSION
Presentation - Program Overview for FY 2012/2013.
ER:
This presentation will provide an overview of the FY 2012/13
XPLANATION OF EQUEST
Art in Public Places Program activities and progress. A video will be presented.
H?
This annual program overview is
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
presented to illustrate the value of our Art In Public Places program. Through
collaboration with private, City and CRA development/redevelopment projects and
additional alternatively funded projects, the City’s AIPP Program has helped create a
positive image for our City along with contributing to the City’s economic development,
revitalization and cultural tourism.
FI:
The Boynton Beach Art in Public Places program has been an
ISCAL MPACT
established successful program since its inception in 2005. It is funded by a 1% Public
Art impact fee on development and redevelopment projects with construction values
greater than $250,000. 70% of the projects construction budget is allocated for Public
Art. The remaining funds support the Public Art department and its programs.
Example of Public Art impact fee breakdown for Sunshine Square:
Project construction value $ 3,350,000.00
Public Art impact fee (1%) $ 33,500.00
Public Art budget (70%) $ 23,450.00* (for project)
Public Art fee (30%) $ 10,050.00 (funds AIPP program and operation)
A:
Not to accept report.
LTERNATIVES
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10. B
CITY MANAGER’S REPORT
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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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. R13-064 -
EQUESTED CTION BY ITY OMMISSION
Approve to Adopt a Flood Mitigation Plan
ER:
The City of Boynton Beach is committed to the mitigation of
XPLANATION OF EQUEST
potential hazards in order to help protect the public health and reduce property
damage/loss of life that can result from flood related events. Each year, flooding
causes hundreds of millions of dollars’ worth of damage to homes and businesses
nationwide, but standard homeowners and commercial property policies do not cover
flood losses. So, in order to meet the need for this vital coverage, the Federal
Emergency Management Agency (FEMA) created the National Flood Insurance
Program (NFIP). In 1990, the NFIP Community Rating System (CRS) was developed
by FEMA to reward communities for their floodplain management efforts that exceed the
NFIP’s minimum requirements. The CRS is a voluntary based program, whereby
participating communities engage in a variety of floodplain management activities.
Each activity is awarded points, which helps contribute to an overall score, and this
score (or rating) is used by FEMA to determine a community’s class rating. Discounts
to flood insurance premiums (in increments of 5%) are allocated for each higher
classification achieved. The City has been participating in the CRS program since 1991
and currently holds a class rating of “7,” which equates to a 15% reduction in flood
insurance premiums for property owners located within the special flood hazard area.
Developing a Flood Mitigation Plan is an effective tool in helping to reduce flood
insurance premiums for all property owners, in part, because the CRS awards points for
this type of floodplain management planning activity.
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The Disaster Mitigation Action of 2000 (DMA 2000) authorized the creation of a pre-
disaster mitigation program to provide funding for mitigation grants to local
governments, contingent upon the local government having an approved hazard
mitigation plan in effect prior to the time of a disaster. In 2009, the City of Boynton
Beach adopted the Palm Beach County Unified Local Mitigation Strategy (LMS), and
the creation of a Flood Mitigation Plan was a recommended action of the City’s LMS.
Under the Flood Mitigation Assistance Grant Program, the City entered into a cost-
reimbursement agreement with the State of Florida, Division of Emergency
Management in an amount not to exceed $30,022.50 to develop a Flood Mitigation
Plan. On December 12, 2011, the City retained CRS Max Consultants, Inc. to assist in
creating the Plan, which is to be complete by September 30, 2013. A Flood Mitigation
Plan was prepared in collaborative effort between staff, community stakeholders, and
CRS Max Consultants, Inc. The plan outlines numerous mitigation strategies, and CRS
Max Consultants, Inc. is confident the City will achieve a higher CRS class rating once
the Plan is adopted. The citizens have been given several opportunities to comment
and provide input and recommended actions in the Plan.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
No cost associated with adopting the Flood Mitigation Plan.
ISCAL MPACT
A:
Not adopt the Flood Mitigation Plan.
LTERNATIVES
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RESOLUTION NO. R13-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON
BEACH FLOOD MITIGATION PLAN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS
,The Disaster Mitigation Action of 2000 (DMA 2000) authorized the
creation of a pre-disaster mitigation program that makes mitigation grants available to local
governments, providing they have a FEMA approved hazard mitigation plan in effect prior to the
time of disaster;
WHEREAS,
Palm Beach County has developed the Palm Beach County Unified Local
Mitigation Strategy (LMS), which was adopted by the City of Boynton Beach in 2004;
WHEREAS,
the development of a Flood Mitigation Plan is a recommended action of the
City of Boynton Beach’s Local Mitigation Strategy;
WHEREAS,
this City is committed to the mitigation of potential hazards, including
flood related hazards, and the protection of the public health, and the reduction of property
damage and loss of life that can result from flood events;
WHEREAS,
the development of a Flood Mitigation Plan can also prove effective in
improving the City’s Community Rating System classification, resulting in enhanced flood
;
insurance premium reductions for residents and businesses in the community
WHEREAS,
the City of Boynton Beach entered into a cost-reimbursement agreement
with the State of Florida, Division of Emergency Management under the Flood Mitigation
Assistance Grant Program in an amount not to exceed $30,022.50 with all work to be complete
by September 30, 2013;
WHEREAS,
on December 12, 2011, the City of Boynton Beach retained CRS Max
Consultants, Inc. to perform CONSULTANT services;
WHEREAS,
The City of Boynton Beach, working with its staff, key community
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stakeholders and its CONSULTANT, prepared a Flood Mitigation Plan outlining mitigation
strategies;
WHEREAS,
the City of Boynton Beach has afforded the citizens an opportunity to
comment and provide input in the Plan and the actions in the Plan; 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 hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
adopt the Flood Mitigation Plan, a copy of which is attached hereto as Exhibit “A.”
Section 3. That this Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED
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)
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10. C
CITY MANAGER’S REPORT
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
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CMD:
July 16, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
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ETTLEMENTS
RACC:
Approve measures implementing the City's local
EQUESTED CTION BY ITY OMMISSION
hearing process for Red Light Camera citations as required by Florida Law.
PROPOSED RESOLUTION NO. R13-065 - Approve the establishment of the City of Boynton
Beach's municipal costs of $85 per in addition to amounts owed under the Notice of Violation for
red light camera violations.
ER:
XPLANATION OF EQUEST
Chapter 2013-160, Laws of Florida was approved by the Governor and became
effective on July 1, 2013. The legislation amended Florida’s existing red light camera
laws and since the City uses red light cameras, the City is required to conduct local
hearings at the Notice of Violation (NOV) stage. The City is responsible for setting and
noticing the hearings if requested by a violator. The City must assign someone to act
as a clerk for the NOV hearings to coordinate the mailing of all notices, recording of the
events that occur during the NOV hearings, and notifications to DHSMV for registration
holds. The City does not currently have personnel to fulfill this task, so it is necessary to
hire someone for the position.
The new legislation requires that the City have a local hearing officer which will take
testimony and then either uphold or dismiss the violation. The City does not currently
have any special magistrates, so it is necessary to hire special magistrate(s) to serve as
local hearing officers. The Commission authorized local hearings and appeals to the
special magistrate pursuant to Ordinance number 13-019.
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To implement the City's local hearing process for Red Light Camera citations as
required by the changes to Florida law, the administration is requesting that the
Commission approve the following:
1. Enter into an agreement for a Special Magistrate at an hourly rate (August
th
6 Commission Meeting)
2. City Manager will utilize an existing Police Records Technician position,
previously approved by the City Commission and currently vacant, to hire
a Red Light Camera Clerk to coordinate and manage local hearings and
act as the City’s staff liaison to coordinate all red light matters with ATS.
3. Set the administrative fee of $85 for local red light camera hearings by
resolution.
th
4. Amend the City’s contract with ATS by resolution (August 6 Commission
Meeting).
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
If the City wishes to have continuity with its red light camera program, it must implement
the local hearing program as soon as possible. If the procedures specified by the new
legislation are not in place promptly, the City’s Red Light Camera program will be on
“hold” until the statutory requirements have been met and new revenue from the
program will cease.
FI:
The costs for providing these local hearings by the City of Boynton
ISCAL MPACT
Beach are to be recovered through the administrative fee of $85 per NOV that the City
Commission approved.
A:
Elect not to establish local hearings for red light camera violations and
LTERNATIVES
explore options to discontinue the City’s red light camera program.
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RESOLUTION NO. R13-____
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH ESTABLISHING THE HEARING COSTS
PERMITTED PURSUANT CHAPTER 2013-160, LAWS OF FLORIDA;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the Florida Legislature passed CS/CS/HB7125 during the 2013 Legislative
Session providing for hearings related to notices of violations connected with the use of red light
cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform
Traffic Code; and
WHEREAS
, the Governor of the State of Florida signed CS/CS/HB7125 into law on
June 12, 2013, resulting in the Chapter 2013-160, Laws of Florida taking effect on July 1, 2013;
and
WHEREAS
, City Ordinance 13-019 incorporates Chapter 2013-160, Laws of Florida,
(new state law) into the City Code which permits red light camera violators to request a hearing
with the City’s Special Magistrate to contest a Notice of Violation; and
WHEREAS
, pursuant to the new state law, the violator may cancel the requested hearing
by paying the Notice of Violation and Fifty ($50) dollars in administrative costs before the start
of the hearing; and
WHEREAS
, the new state law provides that if the violator appears for the hearing, does
not timely cancel the requested hearing, or fails to appear at the requested hearing, and the notice
of violation is upheld, the violator shall pay municipal costs not to exceed Two Hundred and
Fifty ($250) dollars, in addition to any fees assessed for the Notice of Violation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1:
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct, and are incorporated herein by this reference.
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Section 2
: Pursuant to the new state law, when a recipient of a red light camera
Notice of Violation requests a hearing, but cancels the hearing before it starts, a $50 fee shall be
assessed and payable to City, in addition to the violation fine.
Section 3
: The City of Boynton Beach’s Special Magistrate shall assess municipal
costs in an amount of $ 85.00 in addition to amounts owed under the Notice of Violation where
the violator requests a hearing, appears for the hearing, does not timely cancel the requested
hearing, or fails to appear at the requested hearing, and the Notice of Violation is upheld.
Section 4:
This resolution shall become effective upon its passage and adoption by the
City Commission.
PASSED AND ADOPTED this _________ day of __________, 2013.
CITY OF BOYNTON BEACH
_______________________________
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)
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14. A
FUTURE AGENDA ITEMS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2103
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:
Police Management Study - August 6, 2103
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Educational presentation by the Lake Worth
EQUESTED CTION BY ITY OMMISSION
Drainage District regarding local flood preparation and mitigation. August (TBD) 2013.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Announcement of First Budget Hearing to Adopt
EQUESTED CTION BY ITY OMMISSION
Proposed Budget at the regularly scheduled City Commission Meeting to be held on September
3, 2013 at 6:30 p.m. in the City Hall Chambers.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Announcement of Second Budget Hearing to
EQUESTED CTION BY ITY OMMISSION
Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting
to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. E
FUTURE AGENDA ITEMS
July 16, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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:
Announcement of Special City Commission
EQUESTED CTION BY ITY OMMISSION
Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013
at 6:00 p.m. in the City Hall Chambers.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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