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Agenda 02-18-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, FEBRUARY 18, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello Commissioner – District IV Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 384 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick 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. General Election Proclamation - March 11, 2014 - presented by Mayor Jerry Taylor 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: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 1 alternate Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 2 alternates Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates 3 of 384 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the three (3) month period ended December 31, 2013. PROPOSED RESOLUTION NO. R14-014 B. - Approve the update to the Building Division fee schedule; plan review and construction permit fee amendment. C. Approve the vehicles/equipment submitted by Public Works/Fleet Maintenance for disposal. PROPOSED RESOLUTION NO. R14-015 D. - Authorize the City Manager to enter into an Interlocal Agreement, between the City of Boynton Beach Police Department and Palm Beach County to reimburse the City up to $24,268 for the purchase of night vision and forensic lab equipment. Palm Beach County received funding from Miami through the UASI (Urban Areas Security Initiative) grant PROPOSED RESOLUTION NO. R-14-016 E. - Apply for Florida Department of Transportation (FDOT) Speed & Aggressive Driving grant and accept funding if awarded. The City is applying for $47,888 of funding. The funds will be used to purchase speed measuring devices and reimburse officers overtime to conduct traffic enforcement. PROPOSED RESOLUTION NO. R14-017 F. - Approve changes to the guidelines to the Commercial Interior Build-out Assistance Program and to the Commercial Rent Reimbursement Assistance Program PROPOSED RESOLUTION NO. R14-018 G. - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2014-2015 budget with the scope of professional services and specialized assistance in the amount of $17,500 and additional services, if needed. H. Approve a title change and reclassification of the Supervisor, Utilities Stormwater position to add Community Rating System (CRS) Coordinator duties and responsibilities. I. Approve the minutes from the Special City Commission Workshop held on January 29, 2014 and the Regular City Commission meeting held on February 4, 2014 4 of 384 J. Accept the resignation of Gary Dunmyer, a regular member of the Financial Advisory Committee 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one-year extension for the "Annual Supply of Sodium Hydroxide (Liquid Caustic Soda)", Bid No. 026-2821-12/JMA with Brenntag Mid-South Inc. of Orlando, FL. The estimated annual expenditure is $185,000.; the product will be ordered on an "As Needed" basis. This is the last extension as outlined in the bid documents. PROPOSED RESOLUTION NO. R14-019 B. - Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the construction of Regional Lift Station at Pence Park, Bid No. 018-2821-14/DJL in the amount of $1,078,074.62 plus a 10% contingency of $107,807.46, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $1,185,882.08. B & B Underground Contractors, Inc. was the lowest, most responsive, responsible bidder who met all the specifications. C. Approve the purchase of new replacement vehicles as approved in the FY 2013/14 budget in the estimated amount of $3,305,195 and to approve 5 additional totaled/crashed units in the estimated amount of $122,013 for an estimated total of $3,427,208, by utilizing the following contracts; State of Florida Contract #071-000-14-1, National IPA Contract #120535, Florida Sheriffs Association Contract #13-11-0904, Florida Sheriffs Association Contract #13-21-0904, and Florida Sheriffs Association Contract #11-10-1202 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in case of Donnett Bennett v. City of Boynton Beach. B. Approve negotiated settlement in case of Brooke Bosler v. City of Boynton Beach. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. PROPOSED ORDINANCE NO.14-003 - FIRST READING A. - Approve for transmittal for state review amendments to the Comprehensive Plan Future Land Use, Transportation, Coastal Management, Public School Facilities and Intergovernmental Coordination Elements. Applicant: City-initiated. 10. CITY MANAGER’S REPORT None 5 of 384 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. PROPOSED ORDINANCE NO. 14-002 - SECOND READING - Rescinding Ordinance 13-014 - land use designation for 125 East Ocean Avenue - 3/18/2014 (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) B. Award Police Facility architect and design contract and Task Order No. 1 for space needs update and preliminary cost estimate. 3-4-14 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. 6 of 384 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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: General Election Proclamation - March 11, 2014 - EQUESTED CTION BY ITY OMMISSION presented by Mayor Jerry Taylor ER: On February 11, 2014, the qualifying period for candidates for XPLANATION OF EQUEST Commissioner-District II and Commissioner-District IV closed. There are two candidates for District II and two candidates for District IV. This Proclamation declares all of the polling locations that will be active on Election Day. H? In the case of Commissioner-District II OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and Commissioner-District IV, the residents will elect the policymakers for the City of Boynton Beach for the next three years. FI: The fiscal impact to the City involves the base salary and expenses of the ISCAL MPACT positions. The cost of conducting the election has been budgeted in the 2013-2014 fiscal year budget. A: There is no alternative to having this election. Our elected officials serve three- LTERNATIVES year terms and the terms of the Commissioner-District II and Commissioner-District IV seats will expire in March 2014. 7 of 384 PROCLAMATION I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General th Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 11 day of March 2014 to elect one Commissioner from District 2 and one Commissioner from District 4 to serve a three-year term expiring in March 2017. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VOTING LOCATIONS PRECINCT 3136 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PRECINCT 3138 CITRUS COVE ELEMENTARY SCHOOL 8400 LAWRENCE ROAD PRECINCT 3140 BOYNTON LAKES NORTH CLUBHOUSE 100 REDFORD DRIVE PRECINCT 3142 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE PRECINCT 3146 NEWPORT PLACE TH 4735 NW 7 CT. PRECINCT 3164 CITRUS COVE ELEMENTARY SCHOOL 8400 LAWRENCE ROAD PRECINCT 3168 BOYNTON BEACH FIRE STATION #3 3501 NORTH CONGRESS AVENUE PRECINCT 3172 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3174 BOYNTON BEACH FIRE STATION #3 3501 NORTH CONGRESS AVENUE PRECINCT 3176 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3178 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3182 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD 8 of 384 PRECINCT 3184 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD PRECINCT 3188 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3190 LAKE WORTH CHRISTIAN SCHOOL 7592 HIGH RIDGE ROAD PRECINCT 4024 BOYNTON BEACH BOATCLUB PARK U S 1 AND NE 21ST AVE PRECINCT 7178 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7180 ST JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. PRECINCT 7182 CAROLYN SIMS CENTER TH 225 NW 12 AVENUE PRECINCT 7184 ST. JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. CITY OF BOYNTON BEACH ____________________________________________ JERRY TAYLOR, MAYOR ATTEST: _______________________________________ JANET M. PRAINITO, MMC CITY CLERK (Corporate Seal) 2/11/2014 9 of 384 5. A ADMINISTRATIVE February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 1 alternate Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 2 alternates Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 10 of 384 11 of 384 12 of 384 13 of 384 14 of 384 15 of 384 16 of 384 17 of 384 6. A CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2013 -14 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the three (3) month period ended December 31, 2013. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the three (3) month period ended December 31, 2013 (25% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 18 of 384 GENERAL FUND FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 71,267$ 33,60247%$ 69,643$ 29,06442%2%16% Expenditures$ (71,267)$ (25,510)36%$ (69,643)$ (24,343)35%2%5% Excess (Deficit)$ -$ 8,092$ -$ 4,721 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $53 M or 76% of our total $69.6 M General Fund budget estimate for FY 2013-14. Transfers from other funds (non- revenues) provide $16.6 M or 24% of the total funding sources to balance our $69.6 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 36% - $ 25.3 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 29.0 M – All other revenues plus General Fund Balance 3._24% - $ 16.9 M – Transfers from other funds 100% - $ 71.2 M – Total funding sources The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills; the net property taxes of $29.7 M in FY 2013-14 represent a 10% increase in property tax revenue or an increase of $2.7 M from FY 2012-13. To balance the budget in FY 2012-13, it required transfers from other funds of $16.9 M representing 24% of all funding sources. Actual Funding Sources Realized: At the end of the third month in FY 2013-14, revenues and transfers realized are approximately $33.6 M of the budget estimate compared to $29.0 M realized to date in FY 2012-13. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $19.0 M as compared to $17.8 M for FY 2012-13, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $1.2 M or 28% actual collected compared to $1.2 M or 27% in FY 2012-13. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2013-14, $1.3 M or 92% has been collected compared to the FY 2011-12 amount of $1.2 M or 90%. State Shared revenues 3. of $1.6 M or 23% have been collected in FY2013-14 as compared to $1.5 M or 23% received in FY 2012-13. Public Safety revenues 4. at this point is ahead of the budgeted amount; $1.4 M or 34% was received compared to $1.1 M or 30% for FY 2012-13. 19 of 384 Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 2.3% from $69.6 M to $71.2 M. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases, and increased insurance costs. Actual Expenditures – General Fund expenditures for the third month period ending December 31 (25% of the fiscal year) are $25.5 M that is 36% of the $71.2 M expenditure appropriation for FY 2013-14. The table at the top of Exhibit B displays actual expenditures of $25.5 M or 36% of the FY 2013-14 budget. At this point in the fiscal year, we are at the same spending levels compared to the $24.3 M or 35% actual spending levels in FY 2012-13 for this same period. UTILITY FUND The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of an estimated $49K into the fund balance for the year based on the budget. FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 39,167$ 10,31126%$ 37,719$ 9,40725%4%10% Expenditures$ (39,167)$ (10,476)27%$ (37,719)$ (10,160)27%4%3% Excess (Deficit)$ -$ (165)$ -$ (753) For the three month period in FY 2013-14,  Revenues realized are $10.3 M (26%) of the annual budget estimate.  Expenditures incurred are $10.4 M (27%) of the annual appropriated budget. This results in revenue in excess of expenditures yielding a shortfall of approximately $165 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $10.3 M in FY 2013-14 actual revenues and fund balance have increased by $905K over the $9.4 M in FY 2012-13, because of two factors: 20 of 384  Water Sales - $4.7 M equivalent to 27% of the annual estimate, compared to $4.5 M or 25% at this point in FY 2012-13.  Water Service Charge - $296,392 equivalent to 66% of the annual estimate, compared to $114,702 or $25% at this point in FY 2012-13.  Sewer Service - $4.3 M equivalent to 25% of the annual estimate, compared to $4.1 M or 25% at this point in FY 2012-13.  In FY 2012-13, $ 49 K is being recognized as an added increase to fund balance, compared to an added increase of $ 1.2 M in FY 2012-13. Expenditures (Exhibit D) – Utility Fund FY 2013-14 expenditures to date are $10.4 M or 27% of the annual appropriation compared to expenditures of $10.1 M or 27% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 21 of 384 22 of 384 23 of 384 24 of 384 25 of 384 6. B CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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. R14-014 - EQUESTED CTION BY ITY OMMISSION Approve the update to the Building Division fee schedule; plan review and construction permit fee amendment. th ER: On October 18, 2011, the City Commission adopted the XPLANATION OF EQUEST Economic Development Initiatives & Implementation Plan . Since its adoption the Development Department team has continued to look inward and outward to create an environment that will stimulate growth and economic stability in the City. Economic Development Initiatives & Implementation Plan Objective #15 of the allows for interim relief provisions in the form of fee reductions, payment options, waivers and rebates. Based on this objective and feedback from the development community the Economic Development Division has requested an amendment to the Building Division fee schedule to provide sensitivity to project cash flow and incentives to jumpstart stalled or future projects. Currently the construction permit fee is 2.3% of the construction value, of which 1% of the construction value is collected up front as a plan review fee at time of plan submittal. Balance of the construction permit fee will be collected at time of permit issuance. The amendment proposed by the Economic Development Division is twofold: Part one of the amendments the Economic Development Division is proposing to lower the amount being collected upfront at the time of plan submittal during the review process. This change will simply defer payment of fees to a point in time when a permit 26 of 384 is issued. The reduced amount will still be sufficient enough to cover City’s administrative expenses associated with the plan review process while providing a temporary savings to developers that will help with the project cash flow. As with the current fee schedule, the proposed plan review fee will remain nonrefundable. Plan review fees for construction value up to $1,500,000 would be charged at 1.0%; from $1,500,001 to $5,000,000 would reduce to 0.50%; above $5,000,001 the fee would be 0.25% Part two of the amendment the Economic Development Division is proposing to modify the construction permit fee rate by creating a sliding scale that lowers the percentage rate proportionately as the construction value increases. Construction value up to $1,500,000 would be charged at 2.3%; from $1,500,001 to $5,000,000 would reduce from 2.3% to 1.75%; above $5,000,001 the fee would be 1.0%. In addition to the changes proposed by the Economic Development Division the Building Division has added a Master Plan Fee which will allow developers and builders to master a set of plans for an entire project. By allowing master permits it streamlines the process and maximizes efficiency for both the City and the Builders. This process is typically used in conjunction with a series of model homes, and as each individual lot is permitted they are issued and referenced to a master set of plans submitted for that model. H? Although this effort will impact OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES revenue, the reduction in fees will improve our competitive advantage in attracting new development and incentivize stalled projects. In addition, the Master Plan program will continue our efforts to streamline services for developers and contractors, following the initiatives put forward in the Six Pillar recommendations. The changes proposed by the Economic Development Division will more accurately reflect the business climate that a developer would expect to encounter in other jurisdictions that are seeing sustained economic growth. Below is a comparison of the existing and proposed fee schedules for a $40 million dollar development. 27 of 384 The major differences as witnessed in the above example are the current plan review fee is a flat rate based on 1% of the construction value. The proposed fee schedule will be tiered so that as construction value increases, the percentage charged for plan review fee is reduced. Similarly the construction permit fee will be tiered so that as construction value increases, the percentage rate charged for construction permit fee is reduced. FI: ISCAL MPACT For projects with a construction value of $1,500,000 or less the City would generate the same amount of revenue. Projects with construction value over $1,500,000 the City would realize a reduced amount of revenue than under the present fee structure. While this change represents a potential shift in future revenue, it is anticipated that it will incentivize more projects to begin construction which would actually increase revenues and improve the tax base. Majority of the permits issued are for projects less than $1,500,000 in an average year and is the basis for the budgeted permit fee revenue, so staff does not feel that this proposed change would necessitate a change in the budgeted revenue for FY 13/14. A: Do not change the Building Division fee schedule and continue to LTERNATIVES collect plan review and construction permit fees at the current rates. 28 of 384 RESOLUTION NO. R14-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE UPDATE TO THE BUILDING DIVISION FEE SCHEDULE; PLAN REVIEW AND CONSTRUCTION PERMIT FEE SCHEDULE, AND PROVIDING AN EFFECTIVE DATE WHEREAS , on October 18, 2011 the City Commission adopted the Economic Development Initiatives & Implementation Plan; and WHEREAS, one of the Objectives of the Plan allows for interim relief provisions in the form of fee reductions, payment options, waivers and rebates and based on this Objective, the Economic Development Division has requested an amendment to the Building Division fee schedule to provide sensitivity to project cash flow and incentives to jumpstart stalled or future projects; and WHEREAS , the City Commission for the City of Boynton Beach finds that the adoption of these amendments to the Building Division fee schedule is necessary and is in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The Building Division Fees attached hereto as Exhibit “A”, incorporated herein by reference, are hereby adopted as the fee schedule for those related activities as indicated on the Fee Schedule. A copy of the Fee Schedule shall be maintained and made available for public inspection in the City Clerk’s office as well as the Development Department. Section 3. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this _______ day of February, 2014. 29 of 384 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) 30 of 384 BUILDING DIVISION FEES (Resolution #14-XXX, Adopted 02/18/14) I. PRIMARY PERMIT FEES: (A) The plan review fee will be credited against the actual cost of the Plan Review Fee: building permit at the time of permit issuance. If a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non- refundable). (1) Minimum fee; or………………………………………………………….………….............$75.00 (2)Plan Review Fee Rate…………………………………………………...On Construction Value: 1.0%............................. ………………………………………………….. $0 - $1,500,000, plus. 0.5%................ ………………………………………………... $1,500,001 - $5,000,000, plus. 0.25%.......................................................................................................... over $5,000,001. (B) (All types) Construction Permit Fee: (1) Minimum fee; or…………………………………………………………….........................$75.00 (2) Low voltage streamline permitting………………………………………………………....$55.00 (3)Construction Permit Fee Rate………………………………………......On Construction Value: 2.30%............................ ………………………………………………….. $0 - $1,500,000, plus. 1.75%............... ………………………………………………... $1,500,001 - $5,000,000, plus. 1.00%.......................................................................................................... over $5,000,001. (C) (Paid at time of resubmittal) Resubmittal Fee: (1) First Resubmittal………………………………………………………………………...No Charge (2) Second re-submittal (Rejection for same comments) (i) Minimum fee; or.………………………………………………………………................$50.00 (ii) 10% of original permit fee, whichever is greater.…………………….………………..10.0% (3) Third re-submittal and subsequent re-submittal (Rejection for same comments) (i) Four times the original permit fee (Charged per 553.80 Florida Statue)........................4X (D) Revision Fee: (1) Minimum fee; or…………………………………………………………………..................$50.00 (2) $10.00 per page; or………………………………………………………………................$10.00 (3) 2.3% of the revision value, whichever is greater……………………………………………2.3% (E) Stocking Permit ……………………………………………………………………………….$200.00 Fee: (F) Certificate of Use Fee: (1) Minimum fee; plus………………………………………………………………..................$75.00 31 of 384 (2) $30.00 any additional required inspection………...……………………………………....$30.00 (G) Department of Community of Affairs (DCA) Fee: (1) Minimum fee; or…………………………………………………………………....................$2.00 (2) 1.5% of the permit fee costs; whichever is greater………………………………..............1.5% (H) Department Business and Professional Regulation (DBPR) Fee: (1) Minimum fee; or…………………………………………………………………....................$2.00 (2) 1.5% of the permit fee costs; whichever is greater………………………………..............1.5% (I) Green Building Fee: (1) 0.011% of the construction value……………………………………….…………………0.011% (J) Failure to Obtain Permit Fee (Penalty Fee): (1) Four (4) times permit fee; subject to review by Building Official…………………................4X II. ADMINISTRATIVE FEES: (A) Alternate Method and Material …..……………………………………………….$150.00 Processing: (B) Building Board of Adjustments and …..…………………………………………….$250.00 Appeals: (C) Certificate of Occupancy: (1) 24 hours notice……………………………………………………………….................No charge (2) Less than 24-hour notice…………………………………………………………………..$200.00 (D) Change of Contractor and/or Subcontractor ……………………………………………..$35.00 Fee: (E) Penalty Fee Waiver: …………………………………………………………………………………$35.00 (F) Early Construction Authorization ………………………………………………..………..$500.00 Fee: (G) Early Power Release: …..………………………………………………………………………….$150.00 (H) FPL Meter Placement …...……………………………………………………………………..$50.00 Fee: (I) Local Product Approval …...………………………………………………………………$1,500.00 Fee: (Floating) (Per (J) Master Plan Fee: Set)..…...…………………………………………………..…..$500.00 (Maximum of three) (K) Permit Application Extension Fee: (1) First Extension…………………………………………………………………………………….$ 50.00 (2) Second Extension ………………………………………………………………………………$75.00 (3) Third Extension…………………………………………………………………………………..$1 00.00 32 of 384 (Prior to expiration) (L) Permit Extension Fee: (1) First Extension……………………………………………………………………................$ 50.00 (2) Second Extension……………………………………………………………………………$75. 00 (3) Third Extension……………………………………………………………………………..$1 00.00 (4) Permit Extension for period beyond 90 days…………………………………………….$250.00 (Subject to approval by Building Official) (M) Permit Reinstatement Fee: (1) Within 180 days of inactive status………………………………………………………….$75.00 (2) After 180 days of inactive status (i) Minimum Fee; or…………………………………………………………………………..$75.00 (ii) 30% of original permit fee, whichever is greater………………………………………30.0% (N) Professional Services: ($50.00/hour or portion ……………………………..……….$50.00 thereof) (i.e. Permit research, due diligence reports, community acknowledgement forms, etc.) (O) Replacement Document Fee: (1) Permit Card…………………………………………………………………………………...$30.00 (2) Permitted Plans ($30.00 plus printing costs)………………………..$30.00 plus printing costs (P) Temporary Certificate of Occupancy (TCO) ……..………………………………………$450.00 Fee: (Q) Temporary Certificate of Completion (TCC) ……..……………………………………...$225.00 Fee: (Subject to approval by Building (R) TCC or TCO Extension Fee: Official)...…………………….$200.00 III. INSPECTION FEES: (A) Re-inspection Fees: (1) First Re- inspection…………………………………………………………………………...$50.00 (2) Second Re- inspection……………….………………………………………...…………..$100.00 (3) Third and Subsequent Re-inspection without “Correction” done……………………...$200.00 (Charged per 553.80 Florida Statue) (B) Advisory, Special Inspection, or Inspections During Off-Duty …..……..………….$75.00 Hours: ($75.00 per hour; minimum of two (2) hours) (BASED ON AVAILABILITY) IV. NOTES: All fees are non-refundable. (A) Planning & Zoning Division fees are in addition to the above fees. (B) Fire Department fees are in addition to the above fees. (C) Palm Beach County impact fees are in addition to the above fees. (D) City Parks and Recreation Fees are in addition to the above fees. (E) 33 of 384 Water and Sewer Capital Facility Charges are in addition to the above fees. (F) Projects over $250,000 are subject to Art in Public Places Fee in addition to the (G) above fees. S:\Development\BUILDING\Forms-Templates-Signs\Fee Schedule_Building Division.doc 34 of 384 6. C CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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 vehicles/equipment submitted by EQUESTED CTION BY ITY OMMISSION Public Works/Fleet Maintenance for disposal. ER: Fleet Maintenance is submitting thirty-one (31) items to be XPLANATION OF EQUEST disposed at auction utilizing the City of Boynton Beach’s contracted vendor JJ Kane. The proceeds will generate revenue for the Fleet Maintenance Vehicle/Equipment replacement fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. The Fleet Administrator requests Commission’s review, evaluation and approval to sell the surplus vehicles/equipment. H? The disposal of obsolete, damaged OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City’s fixed asset records. FI: The revenue generated from the sale of surplus vehicles/equipment will ISCAL MPACT be placed in the Fleet Maintenance Fund, and credited to the revenue account #501- 0000-365-01-00. Any proceeds from items that were originally purchased from other funds such as Golf or that were confiscated by the Police Department will be deposited into the appropriate funds. A: Continue to store equipment or repair vehicles, subsequently increasing LTERNATIVES our maintenance costs. 35 of 384 36 of 384 37 of 384 6. D CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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. R14-015 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to enter into an Interlocal Agreement, between the City of Boynton Beach Police Department and Palm Beach County to reimburse the City up to $24,268 for the purchase of night vision and forensic lab equipment. Palm Beach County received funding from Miami through the UASI (Urban Areas Security Initiative) grant ER: Approve an Interlocal Agreement between the City of XPLANATION OF EQUEST Boynton Beach Police Department and Palm Beach County to purchase night vision and forensic lab equipment. Palm Beach County received funding from Miami through the UASI (Urban Areas Security Initiative) grant and will reimburse the City for the cost of the equipment up to $24,268. H? With advanced night vision OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES equipment, our abilities to counter terrorism and special enforcement operations will significantly improve. Having the ability to see in the dark or in low light conditions will provide the SWAT members a huge advantage over someone without a light or similar technology. Our technology will become more enhanced with the procurement of night vision equipment. Night vision would prove to be an indispensable tool, not only in the event of a terrorist attack, but during all operations that SWAT members conduct under low light conditions. The main objective to achieve from procurement of the night vision equipment is to enhance operational effectiveness and, importantly, to increase safety. The cutting edge forensic technology has been showing promising results and becoming crucial in investigations involving criminal and terrorist organization. It has established a field involving digital vigilance, surveillance and intelligence data gathering 38 of 384 that is utilized not only in preventative and protective measures but also to carry out successful prosecutions against those elements threatening our security. The acquisition of these assets will facilitate these additional measures and techniques as well as furthering the establishment of a Regional Law Enforcement Network that will be utilized in the expanding digital countermeasures against crime and terrorism. FI: By entering into this agreement, the police department will expend up to ISCAL MPACT $24,268 to improve our operations and better serve the community. The City will be reimbursed by Palm Beach County up to $24,268 for the purchase of the equipment. The Boynton Beach Police Department will receive, deploy and utilize the equipment. Once purchased, there is no future cost to maintain this equipment. A: Do not enter into the Interlocal Agreement with Palm Beach County and LTERNATIVES do not receive the funds for the equipment. 39 of 384 RESOLUTION R14-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH TO REIMBURSE THE CITY UP TO $24,268 FOR THE PURCHASE OF NIGHT VISION AND FORENSIC LAB EQUIPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has received funding from Miami through the UASI grant and will reimburse the City for the cost of the equipment up to $24,268; and WHEREAS, with advanced night vision equipment our capabilities to counter terrorism and special enforcement operations will significantly improve; and WHEREAS, the cutting edge forensic technology has been showing promising results and becoming crucial in investigations involving criminal and terrorist organizations; and WHEREAS , the acquisition of these assets will facilitate these additional measures and techniques as well as furthering the establishment of a regional Law Enforcement network that will be utilized in the expanding digital countermeasures against crime and terrorism; and WHEREAS , the acquisition of these assets will facilitate the main objective which is to enhance operational effectiveness and increase safety; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign an Interlocal Agreement with Palm Beach County to reimburse the City up to $24,268 for the purchase of Night Vision and Forensic Lab Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption 40 of 384 hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City Manager to sign an Interlocal Agreement with Palm Beach County, to reimburse the City up to $24,268 for the purchase of Night Vision and Forensic Lab Equipment, a copy of said Agreement is attached hereto and made a part here as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2014. 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) 41 of 384 42 of 384 43 of 384 44 of 384 45 of 384 46 of 384 47 of 384 48 of 384 49 of 384 50 of 384 51 of 384 52 of 384 53 of 384 54 of 384 55 of 384 56 of 384 57 of 384 58 of 384 59 of 384 60 of 384 61 of 384 62 of 384 63 of 384 64 of 384 65 of 384 66 of 384 67 of 384 68 of 384 69 of 384 70 of 384 71 of 384 72 of 384 73 of 384 74 of 384 75 of 384 76 of 384 6. E CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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. R-14-016 - Apply EQUESTED CTION BY ITY OMMISSION for Florida Department of Transportation (FDOT) Speed & Aggressive Driving grant and accept funding if awarded. The City is applying for $47,888 of funding. The funds will be used to purchase speed measuring devices and reimburse officers overtime to conduct traffic enforcement. ER: Apply for Florida Department of Transportation (FDOT) XPLANATION OF EQUEST Speed & Aggressive Driving grant and accept funding if awarded. The funding is to purchase speed measuring devices and officers overtime to conduct traffic enforcement at the needed areas. H? Our agency has utilized this grant OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in years past with great success. The programs overall aim is to reduce traffic crashes, fatalities and injuries that are speed and aggressive driving related by the implementation of enforcement and education. FI: By applying for and accepting funds if awarded the police department ISCAL MPACT will receive $47,888.00 to improve our operations and better serve the community. There is no City match required for this grant. A: Do not apply for or accept the award if granted. LTERNATIVES 77 of 384 RESOLUTION NO. R14-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE THE APPLICATION FOR A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SPEED & AGGRESSIVE DRIVING GRANT IN THE AMOUNT OF $47,888 AND AUTHORIZE THE MAYOR TO EXECUTE THE DOCUMENT ACCEPTING FUNDING IF AWARDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is applying for the Florida Department of Transportation (FDOT) Speed & Aggressive Driving Grant in the amount of $47,888; and WHEREAS, this grant will allow the City to purchase speed measuring devices and reimburse officers overtime to conduct traffic enforcement; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to apply for a Grant in the amount of $47,888 from the Florida Department of Transportation Speed & Aggressive Driving grant and authorize the Mayor to execute the Acceptance and Agreement if the grant is awarded to the City. 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 the application for a Florida Department of Transportation Speed & Aggressive Driving Grant in the amount of $47,888 and authorize the Mayor to execute the Acceptance And Agreement if the Grant is awarded to the City, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 78 of 384 PASSED AND ADOPTED this _____ day of February, 2014. 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) 79 of 384 80 of 384 81 of 384 82 of 384 83 of 384 84 of 384 85 of 384 86 of 384 87 of 384 88 of 384 89 of 384 90 of 384 91 of 384 92 of 384 93 of 384 94 of 384 95 of 384 96 of 384 97 of 384 98 of 384 99 of 384 100 of 384 6. F CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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. R14-017 - EQUESTED CTION BY ITY OMMISSION Approve changes to the guidelines to the Commercial Interior Build-out Assistance Program and to the Commercial Rent Reimbursement Assistance Program To better support the goals of the Economic Development ER: XPLANATION OF EQUEST Program and for administrative purposes, the following changes to the Commercial Rent Reimbursement and the Commercial Interior Build-out Grant program guidelines are recommended:  Incorporate a median wage of $17.33 that must be met for all jobs that are to be created as a requirement of the grant programs. $17.33 is 10% higher than Palm Beach County’s median wage. Currently, there is no wage requirement.  Modify the definition of an existing business in the Commercial Interior Build-out program to 6 months or longer to match the Rent Reimbursement program. Currently, it is defined as being in operation for more than 3 years.  Require proof of funds to complete the project at the time of application submittal.  Redefine a Full Time Equivalent (FTE) job from 35 hours/week to 2,080 annual hours.  On page 4 of the Interior Build-out application, change the word from “will” to “may” result in loss of grant if reimbursement isn’t applied for within 120 days.  Update the application with new UCT-6 form from IRS 101 of 384 H? No effect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Do not accept the changes and continue to administer the programs as- LTERNATIVES is. 102 of 384 RESOLUTION R14-017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING CHANGES TO THE COMMERCIAL RENT REIMBURSEMENT ASSISTANCE AND COMMERCIAL INTERIOR BUILD-OUT ASSISTANCE PROGRAM GUIDELINES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in April, 2012, the City Commission approved a Commercial Rent Reimbursement Assistance Program and a Commercial Interior Build-out Assistance Program to assist small business owners and entrepreneurs the opportunity to establish or expand their business within the City; and WHEREAS, to better support the goals of the Economic Development Program and for administrative purposes, changes to the Commercial Rent Reimbursement and the Commercial Interior Build-out Grant program guidelines are being recommended by staff; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the citizens and residents of the City to approve the changes to the guidelines of the Commercial Rent Reimbursement Assistance Program and a Commercial Interior Build-out Assistance Program. 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 Boynton Beach, Florida, hereby approves the changes to the guidelines of the Commercial Rent Reimbursement Assistance Program and a Commercial Interior Build-out Assistance Program, copies of which are attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2014. 103 of 384 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) 104 of 384 105 of 384 106 of 384 107 of 384 108 of 384 109 of 384 110 of 384 111 of 384 112 of 384 113 of 384 114 of 384 115 of 384 116 of 384 117 of 384 118 of 384 119 of 384 120 of 384 121 of 384 122 of 384 123 of 384 124 of 384 125 of 384 126 of 384 127 of 384 128 of 384 6. G CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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. R14-018 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2014-2015 budget with the scope of professional services and specialized assistance in the amount of $17,500 and additional services, if needed. ER: This request is not to make budgetary or Fire Assessment rate XPLANATION OF EQUEST decisions. Instead, the request is only for contracting with Government Services Group, Inc. (GSG) to assist the City with the City’s Fire Assessment Program for FY 2014-2015. The City does not maintain the technical staff to obtain the property files from the County Property Appraiser’s Office, to provide the required specialized analysis, or to upload the property files with the assessment rates back to the Appraiser’s Office. This is the major need for which the City contracts for these external professional services. The City originally initiated a seven year Fire Assessment Program in FY 2001-2002 through FY 2007-2008 with a sunset provision in FY 2008-2009 unless continued. At that time, in order to continue the program, it was required to implement a new Fire Assessment Program beginning in FY 2008-2009. The Commission also approved the Program for FY 2009-2010 through the current FY 2013-2014. What Is The Fire Assessment? It is a non-ad valorem special assessment included on the annual tax notice that equitably allocates less than 50% of the cost of the City’s eligible fire rescue services among all residential and non-residential property in the City that the Fire Rescue Department protects. All such properties are found to be specially benefited by the provision of the fire rescue services. 129 of 384 The Fire Assessment can only be developed to cover costs of the Fire Rescue portion of the total Fire Department. Therefore, the cost determination must exclude Emergency Medical Service (EMS) expenditures of the Fire Department to determine the assessable costs. In turn, the assessable costs must then be allocated to property types (residential, commercial, industrial/warehouse, institutional, and nursing homes) obtained from the County Property Appraiser based on the percentage of calls to each property type. GSG established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned for extension beyond those years, we solicited Requests for Proposals to assist the City with the new Fire Assessment Program. We selected GSG to continue with their service due to their familiarity with the City, proven methodology that stood legal tests and lower cost to the City. scope of professional services and specialized assistance in the amount of $17,500 has GSG’s been held consistent under the current Continuing Services Proposal for the last five (5) years. The range of potential additional services primarily relates to mailing first class letters to (a) newly affected property owners ($330) and (b) all property owners should the rates be raised for the coming year ($41,670). See the “Fiscal Impact” section to see the potential added revenues raised at alternative Fire Assessment rates. H? The Fire Assessment has significantly OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES improved fire protection services in the City with the addition of capital facilities and personnel expenses. In total, the response time was reduced to just over four (4) minutes. The Fire Assessment has provided funding for the following fire stations and associated staffing and operating expenses:  Station No. 4 (South Federal Highway) – 3 apparatus bays, 2 full time companies – 8,179 sq. ft. – Operational – funded by the Fire Assessment.  Station No. 2 (Woolbright, west of Congress) – 4 apparatus bays, 2 full time companies – 10,000 sq. ft. – Operational – funded by the Fire Assessment.  Station No. 5 (Gateway and High Ridge) – 5 apparatus bays, 3 full time companies – Operational - Approximate total sq. ft. - 41,132 including Fire Administration Headquarters, Fire and Life Safety Division, a secondary Dispatch Center, and Emergency Operations Center - This station will function as a limited City Hall in the event that the current City Hall is damaged by storms. While no additional fire stations are anticipated, the City is reliant on the Fire Assessment funds for the additional personnel and operating expenses of Fire Rescue operations. FI: ISCAL MPACT How Much Is The Assessment? That depends on property use.  For residential property, the current annual rate is $88.00 per dwelling unit or $7.33 per month.  For non-residential property, the current annual rate is calculated on a square foot basis according to the following use categories: Use Categories Rate Per Square Foot Commercial $ 0.20 Industrial/Warehouse $ 0.05 130 of 384 Institutional/Nursing Home $ 0.22 What Is The Total Fire Assessment Revenue The City Receives? For the current fiscal year 2013-14, the City estimates it will receive about $4.9 million based on the above rates. Why Isn’t The Fire Assessment Just Included In The Property Tax Rate? There are two reasons.  First, it would require an increase of about 1.5 mills on the ad valorem tax rate. A homeowner with even a $100,000 taxable value on their home would experience a $150 added property tax versus the $88 noted above.  Second, there are large numbers of homes that pay no property taxes, yet they are still protected by fire rescue services and receive the benefit of lower insurance rates. With the fire assessment, those residential properties share equally in paying for those services. What If Some Taxpayers Can’t Afford The Assessment? If the Fire Assessment is a hardship on certain residential property owners in the City, those affected property owners may request a total or partial waiver of the special assessment for hardship reasons. While it is a budgetary decision for FY 2014-2015, alternate levels up to 100% of assessable costs are illustrated in the table below for the current FY 2013-2014 budget. Percent of Assessable Costs 36% 40% 50% 60% 70% 75% 100% Residential Per Dwelling Unit $ 68.00 $ 75.00 $ 88.00 $ 101.00 $ 130.00 $ 152.00 $ 202.00 Non-Residential Per Sq. Foot Commercial $ 0.16 $ 0.17 $ 0.20 $ 0.23 $ 0.29 $ 0.34 $ 0.45 Industrial/Warehouse $ 0.04 $ 0.04 $ 0.05 $ 0.06 $ 0.07 $ 0.08 $ 0.10 Institutional $ 0.17 $ 0.19 $ 0.22 $ 0.25 $ 0.32 $ 0.37 $ 0.50 Nursing Home $ 0.17 $ 0.19 $ 0.22 $ 0.25 $ 0.32 $ 0.37 $ 0.50 Estimated Net Revenue (Million) $ 3.4 $ 3.7 $ 4.9 $ 5.6 $ 6.4 $ 8.0 $ 9.7 A: Because of the inability to complete the tasks in-house as previously LTERNATIVES explained, a specialized consultant is needed to implement the Fire Assessment for the FY 2014-2015. GSG was selected under the new Fire Assessment Program through a competitive selection process. Because GSG performed all services pursuant to their agreement, and given that the their rates have remained consistent for the last five (5) years, it is not anticipated that a selection process this year would result in any more favorable terms for the same services. However, if the City Commission does not approve the GSG proposal, the alternative which would permit the special assessment to proceed towards implementation for FY 2014-2015 would be a new selection process. 131 of 384 RESOLUTION NO. R14-018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROPOSAL OF SERVICES (APPENDIX A) WITH GOVERNMENT SERVICES GROUP, INC. IN THE AMOUNT OF $17,500, TO ASSIST WITH THE CONTINUATION OF THE FIRE ASSESSMENT PROGRAM FOR FISCAL YEAR 2014/2015 AND THE POTENTIAL ADDITIONAL SERVICES (APPENDIX B) IN AN AMOUNT UP TO $42,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , Government Services Group, Inc., (GSG) established the initial methodology and provided assistance to the City with the Fire Assessment Program since 2001; and WHEREAS, GSG was selected to continue with their service when the Fire Assessment was extended due to their familiarity with the City, proven methodology that stood legal tests and offered at a lower cost to the City; and WHEREAS , contracting with GSG will preserve the progress that has been made to-date in the data collection/maintenance of this program. 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. 132 of 384 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby approve and authorize the City Manager to execute the proposal of services with Government Services Group, Inc., in the amount of $17,500.00 to assist the City with the Fire Assessment Program for 2014/2015 and the potential additional services in an amount not to exceed $42,000.00, a copy of the proposed Scope of services is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of February, 2014. 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) 133 of 384 134 of 384 135 of 384 136 of 384 137 of 384 138 of 384 139 of 384 140 of 384 141 of 384 142 of 384 143 of 384 6. H CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a title change and reclassification of the EQUESTED CTION BY ITY OMMISSION Supervisor, Utilities Stormwater position to add Community Rating System (CRS) Coordinator duties and responsibilities. ER: XPLANATION OF EQUEST Under the Community Rating System, flood insurance premium rates are discounted to reward community actions that meet the three goals of the CRS, which are: (1) reduce flood damage to insurable property; (2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management. Participation in the Community Rating System requires implementation of local mitigation, floodplain management, and outreach activities that exceed the minimum National Flood Insurance Program (NFIP) requirements. The Community Rating System Coordinator is a designated individual who acts as the point of contact between the community and the program staff of the Community Rating System. The CRS Coordinator is responsible for assembling, coordinating, and maintaining the documentation for the community’s CRS application, modifications, cycle verification visits, and annual recertification. Additionally, the designated individual coordinates Insurance Services Office verification visits and represents the City on various committees. In September, 2013, a Planning and Zoning employee who was responsible for CRS coordination resigned, thus leaving a void in the performance of the coordinator duties. 144 of 384 To ensure the CRS Coordinator functions continue to be performed, it is recommended that the CRS Coordinator responsibilities be reassigned to the Supervisor, Utilities Stormwater. This is a natural fit due to the position’s existing functions and the incumbent’s familiarity with the program due to past involvement in the City’s CRS program. To reflect the additional CRS Coordinator functions and to ensure that the pay grade is commensurate with the responsibilities of the position and internal pay equity, the following changes are recommended: 1. Change the position title to “Utilities Stormwater Supervisor/Community Rating System Coordinator” and incorporate the CRS Coordinator functions in the Classification Specification (draft Classification Specification is attached). 2. Reclassify the position from pay grade 26 to pay grade 27. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Reassigning the CRS Coordinator duties to the Utilities Stormwater Supervisor will enable the City to continue participation in CRS program activities towards the goal of providing the citizens of Boynton Beach with the lowest possible flood insurance premiums. FI: ISCAL MPACT Current Grade: Grade 26 ($56,404 - $84,606) Recommended Grade: Grade 27 ($57,892 - $86,840) The anticipated cost in the incumbent’s annual salary as a result of the change in pay grade is $3,618.31. A: LTERNATIVES Do not approve the reassignment of the CRS Coordinator duties to the Utilities Stormwater Supervisor. This would not allow the City to effectively participate in CRS program activities, thus the citizens of Boynton Beach will likely not experience a reduction in their flood insurance premiums. 145 of 384 146 of 384 147 of 384 148 of 384 149 of 384 150 of 384 151 of 384 6. I CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Special City EQUESTED CTION BY ITY OMMISSION Commission Workshop held on January 29, 2014 and the Regular City Commission meeting held on February 4, 2014 The City Commission met on January 29, 2014 and February 4, 2014 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 152 of 384 153 of 384 154 of 384 155 of 384 156 of 384 157 of 384 158 of 384 159 of 384 160 of 384 161 of 384 162 of 384 163 of 384 164 of 384 165 of 384 166 of 384 167 of 384 168 of 384 169 of 384 170 of 384 171 of 384 172 of 384 173 of 384 174 of 384 175 of 384 176 of 384 177 of 384 6. J CONSENT AGENDA February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Gary Dunmyer, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: Gary Dunmyer has submitted his resignation as a Regular XPLANATION OF EQUEST member of the Financial Advisory Committee. H? The Financial Advisory Committee OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 178 of 384 179 of 384 7. A BIDS AND PURCHASES OVER $100,000 February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve a one-year extension for the "Annual EQUESTED CTION BY ITY OMMISSION Supply of Sodium Hydroxide (Liquid Caustic Soda)", Bid No. 026-2821-12/JMA with Brenntag Mid-South Inc. of Orlando, FL. The estimated annual expenditure is $185,000.; the product will be ordered on an "As Needed" basis. This is the last extension as outlined in the bid documents. EXTENSIONTERM: M2,2014M1,2015 ARCH THROUGH ARCH ER: Bid proposals for the supply of sodium hydroxide were XPLANATION OF EQUEST opened on January 24, 2012 with Brenntag Mid-South as the lowest, most responsive, responsible vendor. The bid documents allowed for two one-year extensions with the same terms and conditions. The Utilities Department has been satisfied with this vendor and Brenntag Mid-South has agreed to a one-year renewal with the same terms, conditions and pricing. H? Feed water to the West Water OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Treatment Plant has a high pH and contains the dissolved gas hydrogen sulfide. Sulfuric acid is added to the feed water before the membrane filtration system to lower the pH, which aids in reducing the formation of calcium carbonate scale on the membranes. However, this produces carbon dioxide which, along with hydrogen sulfide, remains dissolved in the water and is not separated out by the membrane system. During the degasification process that follows, sodium hydroxide is added to the system to neutralize the corrosive and noxious odors associated with the release of hydrogen sulfide into the atmosphere. The addition of the sodium hydroxide raises the pH which prevents scaling in the pipelines to the consumer. 180 of 384 Minimal adjustment of pH or removal of hydrogen sulfide would pose great risk to the City’s infrastructure and to public health. FI: Funds have been budgeted under account number ISCAL MPACT 401-2811-536-52-35. Actual Expenditure for Sodium Hydroxide in FY 2012/2013: $182,787. A: The City could explore the use of other neutralizing agents or anti- LTERNATIVES scalants. However, this may lead to higher water treatment costs or possible water quality infractions. 181 of 384 182 of 384 7. B BIDS AND PURCHASES OVER $100,000 February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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. R14-019 - EQUESTED CTION BY ITY OMMISSION Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the construction of Regional Lift Station at Pence Park, Bid No. 018-2821-14/DJL in the amount of $1,078,074.62 plus a 10% contingency of $107,807.46, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $1,185,882.08. B & B Underground Contractors, Inc. was the lowest, most responsive, responsible bidder who met all the specifications. ER: On December 6, 2013, the City of Boynton Beach XPLANATION OF EQUEST advertised an Invitation to Bid for the Regional Lift Station at Pence Park project, Bid No. 018-2821-14/DJL. Bid proposals were received and publicly opened on January 22, 2014. Six (6) bids were received to which one (1) was rendered as non-responsive, and B & B Underground Contractors, Inc. (B & B Underground) was identified as the apparent low bidder. The Construction Manager for the project, Mathews Consulting, conducted reference checks for the lowest bidder. Based upon this information, Mathews Consulting, Procurement/ Finance, and the Utilities Department recommend awarding the contract to B & B Underground as the lowest responsive, responsible bidder. Attached are the Procurement/Finance memorandum, which includes Bid Tab Sheets, Mathews Consulting’s recommendation letter, and a Summary of Bids. The scope of work for this project includes the construction of a new regional wastewater thth lift station at Pence Park located at the intersection of S.E. 6 Avenue and S.E. 4 Street. th The new lift station will intercept the existing sanitary sewer gravity line on S.E. 6 Avenue and pump the wastewater to the South Central Regional Wastewater Treatment Plant. 183 of 384 H? The construction of the Regional Lift OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Station at Pence Park will allow the City to intercept the wastewater flow currently collected by the thrdth sanitary sewer gravity line on S.E. 6 Avenue (between S.E. 3 Street and S.E. 4 Street) to the South Central Regional Wastewater Treatment Plant through the recently constructed Regional Force Main Project. Upon completion of this lift station, the Regional Force Main project will be in full operation and utilization. The construction of this lift station will provide wastewater capacity to support redevelopment in the downtown area. FI: Total authorized funding for the project including the 10% contingency ISCAL MPACT is $1,185,882.08. Funding is available in the Utilities CIP Project SWR114, account 404-5000- 535-65-03. A: Since this lift station will be connected as an integral component of the LTERNATIVES Regional Force Main system to the South Central Regional Wastewater Treatment Plant, there is no feasible alternative at this time. 184 of 384 RESOLUTION NO. R14-019 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A CONTRACT TO B & B UNDERGROUND CONTRACTORS, INC., OF ROYAL PALM BEACH, FLORIDA FOR THE CONSTRUCTION OF THE REGIONAL LIFT STATION AT PENCE PARK, BID #018-2821-14/DJL, IN THE AMOUNT OF $1,078,074.62 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $107,807.46, IF NEEDED, FOR A TOTAL BUDGET APPROPRIATION OF $1,185,882.08; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 22, 2014, Procurement Services received and opened six (6) bid proposals in response to #018-2821-14/DJL for “Regional Lift Station at Pence Park”; and WHEREAS, the City’s staff and the City’s Construction Manager for the project, Mathews Consulting, reviewed and evaluated the bid proposals; and WHEREAS, as a result of the bid evaluation-due diligence performed staff is recommending the award of the contract to B & B Underground Contractors, Inc., of Royal Palm Beach, Florida who was the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award a contract to B & B Underground Contractors, Inc., of Royal Palm Beach, Florida for Bid #018- 2821-14/DJL “Regional Lift Station at Pence Park”, in the amount of $1,078,074.64 with a 10% contingency in the amount of $107,807.46 for a total budget appropriation of $1,185,882.08. 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. 185 of 384 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award a contract to B & B Underground Contractors, Inc., of Royal Palm Beach, Florida for Bid #018-2821-14/DJL “Regional Lift Station at Pence Park”, in the amount of $1,078,074.64 with a 10% contingency in the amount of $107,807.46 for a total budget appropriation of $1,185,882.08, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager is authorized to execute the contract on behalf of the City Commission. Section 4. This Resolution shall become effective immediately upon passage. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 186 of 384 PASSED AND ADOPTED this _____ day of February, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 187 of 384 188 of 384 189 of 384 190 of 384 191 of 384 192 of 384 193 of 384 194 of 384 195 of 384 196 of 384 197 of 384 198 of 384 199 of 384 200 of 384 201 of 384 202 of 384 203 of 384 204 of 384 205 of 384 206 of 384 207 of 384 208 of 384 209 of 384 210 of 384 211 of 384 212 of 384 213 of 384 214 of 384 215 of 384 216 of 384 217 of 384 218 of 384 219 of 384 220 of 384 221 of 384 222 of 384 223 of 384 224 of 384 225 of 384 226 of 384 227 of 384 228 of 384 229 of 384 230 of 384 231 of 384 232 of 384 233 of 384 234 of 384 235 of 384 236 of 384 237 of 384 238 of 384 239 of 384 240 of 384 241 of 384 242 of 384 243 of 384 244 of 384 CONSTRUCTION CONTRACT REGIONAL LIFT STATION AT PENCE PARK THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as “CITY”, and B & B UNDERGROUND CONTRACTORS, INC., a corporation to do business in the State of Florida, hereinafter referred to as the “CONTRACTOR”. WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of February 18, 2014, by Resolution No.:________, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 018-2821-14/DJL, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: “Regional Lift Station at Pence Park Invitation to Bid #018-2821-14/DJL. Article 2. CONSULTANT. Wantman Group, Inc. has designed the Project, however, Mathews Consulting, Inc., the Construction Manager (“CONSULTANT”) will assume all duties and responsibilities and will have the rights and authority assigned as CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within two-hundred and seventy (270) calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, Twelve-Hundred Dollars ($1,200) for each day that 245 of 384 expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Twelve-Hundred Dollars ($1,200) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the (obtained from either the Contract Documents, the aggregate amount of this Contract lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One-Million, Seventy-eight thousand, Seventy-Four Dollars and sixty-two cents. (Written) $1,078,074.62 (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. 246 of 384 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SubCONTRACTORs or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor’s Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings 7.10 Addendum Nos. 1 Dated: 12/31/13, No. 2 Dated: 1/8/14, and No. 3 Dated: 1/15/14. 247 of 384 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Division Utilities Department Attn: Director of Financial Services Attn: Jose Huertas, Project Manager City of Boynton Beach 124 E. Woolbright Road 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Boynton Beach FL 33425 Tel (561) 742-6487 Tel (561) 742-6311 Fax (561) 742-6298 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: B & B UNDERGROUND CONTRACTORS, INC. 585 105 th Avenue North, Unit 16 Royal Palm Beach, FL. 33411 Attn: Stephen Decker Tel: 561-204-9335 Fax: 561-204-9039 Article 9. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the 248 of 384 Contract Documents. ARTICLE 12 – PUBLIC RECORDS 12.1 The City of Boynton Beach is a public agency subject to Chapter, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor 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 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. 12.2 The failure of Contractor 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. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 249 of 384 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF , the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ _____________________________ City Manager Contractor Attest/Authenticated: _____________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: __________________________ __________________________________ Office of the City Attorney Secretary 250 of 384 7. C BIDS AND PURCHASES OVER $100,000 February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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 new replacement vehicles EQUESTED CTION BY ITY OMMISSION as approved in the FY 2013/14 budget in the estimated amount of $3,305,195 and to approve 5 additional totaled/crashed units in the estimated amount of $122,013 for an estimated total of $3,427,208, by utilizing the following contracts; State of Florida Contract #071-000-14-1, National IPA Contract #120535, Florida Sheriffs Association Contract #13-11-0904, Florida Sheriffs Association Contract #13-21-0904, and Florida Sheriffs Association Contract #11-10-1202 ER: The Fleet Administrator recommends the annual purchase XPLANATION OF EQUEST of fifty-five replacement vehicles collectively for Solid Waste, Fire Rescue, Police, Building, Utilities and Cemetery, as approved in the Fiscal Year 2013/14budget. Attached is a list of the replacement vehicles indicating vendor, number of units ordered, user department, bid/contract information and cost. Some of the units being replaced differ from the units that were originally submitted after re-evaluating equipment; budget increases will not be necessary due to changes. Furthermore, the Fleet Maintenance Division jointly with the other departments aforementioned was able to right-size vehicles & equipment which will subsequently reduce fuel costs and lower our overall carbon footprint. Additionally, 5 units were in accidents during the FY12/13 budget year. These units were deemed totaled; thus the request for additional approval. Fleet Maintenance recommends the following vendors for vehicle purchases: 251 of 384 A. Palm Peter Built Truck Centers for $801,638 off of the Florida Sheriffs Association Contract #13-11-0904 for 5 units scheduled for the Solid Waste Department B. Isuzu Truck of Ocala for $83,901 off the Florida Sheriffs Association Contract #13-11-0904 C. ETR Vehicles LLC for $224,902 off of the Florida Sheriffs Association Contract #11-10-1202 for 1 unit scheduled for Fire Rescue D. Lou Bachrodt Freightliner for $1,044,982 off of the Florida Sheriffs Association Contract #13-11-0904 for 4 units for Solid Waste and Utilities Departments. E. Kelly Tractor for $85,886 off of the Florida Sheriffs Association Contract #13- 11-0904 for 2 units for Utilities and Parks F. Bruce Rossmeyer’s Harley Davidson for $49,030 off the Florida Sheriffs Association Contract #13-21-0904 for 2 units for Police G. Don Reid Ford for $138,168 off of the Florida Sheriffs Association Contract #13-21-0904 for 3 police units and State of Florida Contract #071-000-14-1 for 4 police units slated for replacements H. Duval Ford $859,479 off of the Florida Sheriffs Association #13-21-0904 Contract for 28 units including Police, Fire Rescue, Utilities and Building Department. I. Hector Turf for $17,209 off of the National IPA Contract #120535 for 1 unit slated for Parks. The sum for the aforementioned units equates $3,305,195; the budgeted amount was $3,988,400. See attachment for a complete allocation listing of equipment to be replaced. The four additional crashed/totaled units to be replaced total $ 122,013, which consists of: A. Duvall Ford for $122,013 off of the Florida Sheriffs Association #13-21-0904 for 4 police units. Note- Risk Management has received funds through subrogation for two of the crashed units and additional insurance funds are anticipated once the remaining vehicles are disposed of thus determining the salvage value. All agencies have complied with public contract bid requirements that equal or exceed the City of Boynton Beach bid requirements. H? The fifty-five (55) replacement OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES vehicles are being purchased according to a lifecycle allowing maximum vehicle efficiency that minimizes annual maintenance charged to each of the operating departments and reducing downtime. FI: Funds are budgeted under the Fleet Maintenance Fund account ISCAL MPACT number 501-2516-519-64-33 in FY 13/14. Maintenance costs are anticipated to be lower due to the new equipment being purchases. Fuel usage will also be reduced due to the use of fuel efficient vehicles. 252 of 384 A: To defer or not purchase selected replacement or new vehicles beyond LTERNATIVES those already deferred in the FY 2013/14 budget cycle. However, deferring purchases will increase departmental maintenance costs. 253 of 384 254 of 384 255 of 384 256 of 384 257 of 384 258 of 384 259 of 384 260 of 384 261 of 384 262 of 384 263 of 384 264 of 384 265 of 384 266 of 384 267 of 384 268 of 384 269 of 384 270 of 384 271 of 384 272 of 384 273 of 384 274 of 384 275 of 384 276 of 384 277 of 384 278 of 384 279 of 384 280 of 384 281 of 384 282 of 384 283 of 384 284 of 384 285 of 384 286 of 384 287 of 384 288 of 384 289 of 384 290 of 384 291 of 384 292 of 384 293 of 384 294 of 384 295 of 384 296 of 384 297 of 384 298 of 384 299 of 384 300 of 384 301 of 384 302 of 384 303 of 384 304 of 384 305 of 384 306 of 384 307 of 384 308 of 384 309 of 384 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement in case of Donnett EQUESTED CTION BY ITY OMMISSION Bennett v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: Mike Burke, Johnson, Anselmo, Murdoch, et al Plaintiff Counsel: Brian Boysaw Incident: On October 25, 2012, plaintiff left her home and was heading to work driving eastbound on Key Lime Blvd. when a Solid Waste truck driver made a wide right turn, side swiping the driver’s side of her vehicle and pushing her into the southeast corner of the intersection. The plaintiff was unable to drive her vehicle and had it towed due to the fact the door could not be opened. The damage to her vehicle was about $7,500. She then went on to her job. Later that afternoon she sought treatment at a Walk in Clinic and then continued her treatment with a chiropractor and orthopedic surgeon. Plaintiff had $23,837 in medical costs of which PIP (Personal Injury Protection) paid approximately $8,000. The driver of the City vehicle was negligent in making the wide turn. Original demand of settlement was $65,000. Settlement was reached at $35,000. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20, Self Insured Losses for first and third party claims. 310 of 384 A: Failure to approve settlement will result in additional discovery and LTERNATIVES litigation costs, and trial costs. Potential jury verdict range is $35,000 to $75,000. In addition to the jury award, plaintiff will be able to collect taxable costs between $5,000 and $15,000. Future litigation costs will run between $10,000 and $12,000. Total costs would be estimated at $60,000 to $100,000. 311 of 384 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre City Manager THRU: Julie Oldbury HR/Risk Director FROM: Pam Webb, Risk Administrator DATE: January 28, 2014 SUBJECT: Donnett Bennett v. City of Boynton Beach Date of Loss: October 25, 2012 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 65,000 Final: $ 50,000 Offer : Original: $ 10,000 Final: $ 35,000 SETTLEMENT$ 35,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 12,176.23 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 40,000 : $ 85,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : On October 25, 2012, plaintiff left her home to heading to work when she was driving eastbound on Key Lime Blvd, when a Solid Waste truck driver made a wide right turn side swiping the driver’s side of her vehicle, pushing her into the southeast corner of the intersection. The plaintiff was unable to drive her vehicle and had it towed due to the fact the door could not be opened. The damage to her vehicle was about $7,500. She then went on to her job. Later that afternoon she sought treatment at a Walk in Clinic and then continued with a chiropractor and orthopedic surgeon. Plaintiff had $23,837 in medical costs of which PIP and paid approximately $8,000. The driver of our vehicle was negligent in making the wide turn. Original demand of settlement was $65,000. Settlement was reached at $35,000. 312 of 384 313 of 384 314 of 384 315 of 384 316 of 384 8. B CODE COMPLIANCE & LEGAL SETTLEMENTS February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve negotiated settlement in case of Brooke EQUESTED CTION BY ITY OMMISSION Bosler v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: N/A Plaintiff Counsel: Lee Cohen, Esq. Incident: On October 17, 2013 Brooke Bosler was stopped behind a city vehicle at a stop sign when the employee in the city vehicle began to back up and struck Bosler’s vehicle in the front causing substantial damage to the vehicle and causing the airbags to deploy. The deployment of the airbags caused the driver to sustain injuries to her right wrist and knee. The vehicle was a total loss. This settlement includes both bodily injury and damages to her vehicle with an executed release. Settlement was reached for $15,000. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims are part of the ongoing responsibilities of the Risk Management Department. FI: Settlement will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20, Self Insured Losses for first and third party claims. A: Failure to approve settlement will result in discovery and litigation costs, LTERNATIVES and trial costs. Costs would be estimated at $50,000 to $80,000. 317 of 384 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre City Manager THRU: Julie Oldbury HR/Risk Director FROM: Pam Webb, Risk Administrator DATE: January 28, 2014 SUBJECT: Brooke Bosler v. City of Boynton Beach Date of Loss: October 17, 2013 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 100,000 Final: $ 50,000 Offer : Original: $ 10,000 Final: $ 15,000 SETTLEMENT$ 15,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 60,000 : $ 25,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : On October 17, 2013 while stopped behind a city vehicle at a stop sign, employee began to back up and struck third party in the front causing substantial damage to the vehicle and the airbags to deploy. The deployment of the airbags caused the driver to sustain injuries to her right wrist and knee. The vehicle was total loss. This settlement includes both bodily injury and damages to her vehicle with an executed release. 318 of 384 9. A PUBLIC HEARING February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO.14-003 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve for transmittal for state review amendments to the Comprehensive Plan Future Land Use, Transportation, Coastal Management, Public School Facilities and Intergovernmental Coordination Elements. Applicant: City-initiated. RSI1.5, 1.7 and 2.3, involving updates of EFERENCE TRATEGIC NITIATIVES redevelopment plans for the Federal Highway Corridor and Ocean Avenue Overlay District, and amendments intended to preserve commercial and industrial land for development. ER: The proposed text amendments to the Comprehensive Plan XPLANATION OF EQUEST Future Land Use, Transportation, Housing, Coastal Management, Public School Facilities and Intergovernmental Coordination Elements would:  Support economic development through preservation and expansion of industrial/commercial land for uses that provide employment opportunities and diversify the City’s tax base;  Guide development in the future Downtown Transit-Oriented Development District around the planned station for the Tri-Rail Coastal Link commuter service;  Incorporate the City’s Historic Preservation Program; and  Address legal requirements, unnecessary restrictions, omissions, and inconsistencies between the Comprehensive Plan and the Land Development Regulations. 319 of 384 Staff recommends that the subject request be approved for transmittal to the Department of Economic Opportunity, Division of Community Planning and Development for state review. The Planning and Development Board reviewed this item on January 28, 2014 and forwards it with the recommendation of approval. H? The proposed amendments are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES intended to support the City’s Economic Development, Transit-Oriented Development, and Historic Preservation initiatives. FI: N/A ISCAL MPACT A: No alternatives recommended LTERNATIVES 320 of 384 ORDINANCE NO. 14-003 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE TEXT AMENDMENTS TO THE COMPREHENSIVE PLAN PERTAINING TO FUTURE LAND USE, TRANSPORTATION, COASTAL MANAGEMENT, PUBLIC SCHOOL FACILITIES AND INTERGOVENMENTAL COORDINATION ELEMENTS; APPROVING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the proposed text amendments would support economic development through preservation and expansion of industrial/commercial land for uses that provide employment opportunities and diversify the City’s tax base; guide development in the future Downtown Transit-Oriented Development District around the planned station for the Tri-Rail Coastal Link commuter service; incorporate the City’s Historic Preservation Program and address legal requirements, unnecessary restrictions, omissions and inconsistencies between the Comprehensive Plan and the Land Development Regulations; and WHEREAS, these amendments will also support the City’s Economic Development, Transit-Oriented Development and Historic Preservation initiatives. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby adopts the Text Amendments to the Comprehensive Plan pertaining to Future Land Use, Transportation, Coastal Management, Public School Facilities and Intergovernmental Coordination Elements, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Commission hereby approves the transmittal of the amendments to the Comprehensive Plan to the Florida Department of Economic Opportunity for review. 321 of 384 Section 4. All laws and ordinances in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately upon passage. FIRST READING this ____ day of ______________, 2014. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 322 of 384 SECOND, FINAL READING AND PASSAGE this ____ day of ___________, 2014. 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) 323 of 384 324 of 384 325 of 384 326 of 384 327 of 384 328 of 384 329 of 384 330 of 384 331 of 384 332 of 384 333 of 384 334 of 384 335 of 384 336 of 384 337 of 384 338 of 384 339 of 384 340 of 384 341 of 384 342 of 384 343 of 384 344 of 384 345 of 384 346 of 384 347 of 384 348 of 384 349 of 384 350 of 384 351 of 384 352 of 384 353 of 384 354 of 384 355 of 384 356 of 384 357 of 384 358 of 384 359 of 384 360 of 384 361 of 384 362 of 384 363 of 384 364 of 384 365 of 384 366 of 384 367 of 384 368 of 384 369 of 384 370 of 384 371 of 384 372 of 384 373 of 384 374 of 384 375 of 384 376 of 384 377 of 384 378 of 384 379 of 384 380 of 384 381 of 384 382 of 384 14. A FUTURE AGENDA ITEMS February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 14-002 - EQUESTED CTION BY ITY OMMISSION SECOND READING - Rescinding Ordinance 13-014 - land use designation for 125 East Ocean Avenue - 3/18/2014 (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 383 of 384 14. B FUTURE AGENDA ITEMS February 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: February 18, 2014 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 Police Facility architect and design contract EQUESTED CTION BY ITY OMMISSION and Task Order No. 1 for space needs update and preliminary cost estimate. 3-4-14 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 384 of 384