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Agenda 10-06-09 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, OCTOBER 6, 2009 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor - At Large Woodrow Hay Vice Mayor - District II Ron Weiland Commissioner - District I Jose Rodriguez Commissioner– District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito Visit our Web site City Clerk www.boynton-beach.org We’re Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes  ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day) - 2 - 1. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Approve the proposed monument commemorating "The Korean War". B. Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited Senior Center and recognize the Senior Center staff, including center supervisor Steve Lulkin, for the outstanding job they have done making this one of our most popular and active facilities. C. Declare a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach 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. Accept the resignation of Amber Barritt, an alternate member of the Planning and Development Board B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA A. Approve the Minutes from the City Commission meeting held on September 14, 2009.. B. PROPOSED RESOLUTION NO. R09-140 - Approve a “piggyback” to the City of Pompano’s contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45- 08 with the same terms, conditions, specifications and pricing. This contract will be used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of - 3 - solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $98,000. The City of Pompano Beach complied with public contract bid requirements equal to or which exceeds Boynton Beach's requirements. C. PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of the housing trust funds for housing programs. D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. E. PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of Transportation (FDOT) for the construction and construction-engineering-inspection (CEI) services of the Seacrest Boulevard Roadway Improvements project. F. PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement; and also to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in Boynton Beach. G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1001). PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325 (project #RP1001). H. PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of the annual service agreement between Motorola and the City of Boynton Beach in the amount of $138,676.32. I. Approve participation in the State of Florida Department of Management Services Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements.. J. Approve settlement of claim for costs associated with the connection of public sewer system to 815 Bamboo Lane. - 4 - K. Authorize the reallocation of $1,500 from Boynton Isles to the Jayne E. Miller Nursing Scholarship Fund from Commissioner Rodriguez's Community Investment Fund. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS 8. 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 Plan ning Agency and City Commission 9. CITY MANAGER’S REPORT A. Provide direction to staff regarding banners and decorations for the upcoming holiday season. 10. FUTURE AGENDA ITEMS 11. NEW BUSINESS A. Discussion of a process and procedure for appointing a new seven member CRA Board. This item is placed on the agenda at the request of Commissioner Rodriguez. B. Discussion of status of proposed Green Market at Boynton Beach Mall. 12. LEGAL 13. UNFINISHED BUSINESS 14. ADJOURNMENT NOTICE ,/ IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING HESHE ,,/ WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS ,.(..286.0105) MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED FS THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL ,,. PAM OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE PROGRAM OR ACTIVITY CONDUCTED BY THE CITY PLEASE CONTACT ,(561)742-6013- WELSH AT LEAST TWENTYFOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY . ACCOMMODATE YOUR REQUEST A10/1/09 GENDA \\3\\D\36\A\CCM_B. APPSAUTOATAGENDASITYOMMISSIONEETINGACKUPDOC - 5 - 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Approve the proposed monument commemorating "The EQUESTED CTION BY ITY OMMISSION Korean War". ER: The Boynton Veterans Council is offering to fund this monument to be XPLANATION OF EQUEST placed at the Veterans Memorial at Bicentennial Park. The Boynton Beach Veterans’ Advisory Commission voted on September 9, 2009, to recommend that the City Commission accept this monument for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans’ Council. H? Recreation & Parks Department will be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES authorized to site the monument as there are other monuments located within the Park. The Boynton Veterans’ Council will be required to provide a signed and sealed drawing of the foundation which will need to be submitted to the Permitting offices for approval. The Boynton Veterans’ Council will also be required to provide a signed and sealed report from an engineer affirming that the monument will withstand the required wind load, which must be submitted in conjunction with the foundation permit application. These requirements have been noted to and accepted by the Co-Chair of the Boynton Veterans’ Council. FI: The Boynton Veterans’ Council has agreed to fund this project at no cost to the ISCAL MPACT City. A: Reject the offer of the Boynton Veterans’ Council. LTERNATIVES - 6 - - 7 - 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Announce the receipt of the 2009 Flo Goldman Award by EQUESTED CTION BY ITY OMMISSION our Nationally Accredited Senior Center and recognize the Senior Center staff, including center supervisor Steve Lulkin, for the outstanding job they have done making this one of our most popular and active facilities. ER: Each year, the Florida Association of Senior Centers recognizes a XPLANATION OF EQUEST member organization for distinguished service in the field of Senior Center services. This award recognizes the quality of the programs and services offered to seniors in our community. Flo Goldman was an advocate and passionate leader of senior services. She set the standard for excellence in the development and promotion of Senior Centers throughout the State of Florida. She created a network of state leaders in senior services and was the first president of the Florida Association of Senior Centers. H: This award further recognizes the excellent OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services provided by the Sr. Center. We anticipate that this type of recognition will improve the center’s ability to attract sponsors and other potential funding sources, such as grants and foundations. FI: n/a ISCAL MPACT A: n/a LTERNATIVES - 8 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 9 - 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10-06-2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Declare a proclamation for the Month of October as EQUESTED CTION BY ITY OMMISSION National Arts and Humanities Month for the City of Boynton Beach ER: The month of October has been recognized as National Arts and Humanities XPLANATION OF EQUEST Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. Barbara Ready, Arts Commission Chair, will accept the declared proclamation. H? This Proclamation will help raise awareness of Arts OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and Culture in the City of Boynton Beach. FI: None ISCAL MPACT A: Not todeclare a proclamation for the Month of October as National Arts and Humanities LTERNATIVES Month for the City of Boynton Beach. - 10 - - 11 - - 12 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 13 - 5. A ADMINISTRATIVE October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Accept the resignation of Amber Barritt, an alternate EQUESTED CTION BY ITY OMMISSION member of the Planning and Development Board . ER: Amber Barritt has submitted a letter of resignation stating her XPLANATION OF EQUEST reason as absences. H? The Planning and Development Board will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have only one alternate. FI: None ISCAL MPACT A: Allow Ms. Barritt to continue to serve on the Board. LTERNATIVES - 14 - - 15 - 5. B ADMINISTRATIVE October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various advisory boards. Vacancies on the boards are listed in the agenda along with the designated Commission member having responsibility for the appointment to fill the vacancy. H?The boards listed will not be full OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES boards and may compromise the efficiency of the individual board. FI: None ISCAL MPACT A: Allow the vacancy to remain unfilled. LTERNATIVES - 16 - Appointment Length of Term To Be Made Board Expiration Date I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2) II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 3) II Hay Cemetery Board Reg 3 yr term to 12/09 II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 3) Mayor Taylor Community Relations Bd. Alt 1 yr term to 12/10 I Weiland Community Relations Bd. Alt 1 yr term to 12/10 IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2) Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 2) I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 2) IV Ross Library Board Alt 1 yr term to 12/09 III Rodriguez Library Board Alt 1 yr term to 12/09 (Tabled 2) II Hay Recreation & Parks Adv. Bd. Alt 1 yr term to 12/09 III Rodriguez Recreation & Parks Adv. Bd. Alt. 1 yr term to 12/09 - 17 - Last Name First 1 st Choice 2 nd Choice 3 rd Choice Name Anton Steve Arts Com Farrington John Veterans Commission McVey Jack Recreation & (See NOTE) Parks *Scantlan Don Veterans Commission * Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises. S:\CC\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 10-06-09.doc - 18 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 19 - 6. A CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH FAI UBLIC EARINGUTURE GENDA TEMS RACC: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on September 14, 2009.. ER: The City Commission met on September 14, 2009 and minutes XPLANATION OF EQUEST were prepared from the notes taken at the meeting by the Deputy City Clerk. 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 permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES - 20 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 21 - 6. B CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: PROPOSED RESOLUTION NO. R09-140 - Approve a EQUESTED CTION BY ITY OMMISSION “piggyback” to the City of Pompano’s contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45-08 with the same terms, conditions, specifications and pricing. This contract will be used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $98,000. The City of Pompano Beach complied with public contract bid requirements equal to or which exceeds Boynton Beach's requirements. ER: : In membrane treatment processes, as utilized at the WWTP, removal of XPLANATION OF EQUEST solids from the raw water also results in deposition of those very solids on the membrane surfaces. This results in ineffective membranes and so, to counteract this, anti-scalants are used to keep the solids in solution while being removed. Currently, the WWTP relies on sulfuric acid to reduce plating of the membranes. The cost of sulfuric acid is based on a surcharge linked to the price of oil resulting in a cost increase from $0.06/lb to $0.15/lb between 2008 and 2009 (current cost is about $0.09/lb). If oil prices rise as forecasted, sulfuric acid costs will increase once more. Other criteria utilized in this recommendation were: (i)documented local usage of the anti-scalant with reduced or no acid usage: The Cities of Plantation, Miramar, Hallandale, Fort Lauderdale and Pompano all use or are testing the anti-scalant. The City of Plantation has used the product for more than ten (10) years with no sulfuric acid usage. (ii)documented usage on similar source water: The City of Pompano has water chemistry very similar to that of the WWTP and tested the PC-1850T product for more than six (6) months, slowly reducing sulfuric acid usage to zero, with very good results. They have realized a savings of $150,000 thus far. (iii)real-time monitoring and control of the anti-scalant dosage: Other anti-scalant companies recommend monitoring the flow of product via a flowmeter but a line breakage or blockage would not be detected until it was too late, resulting in damaged membranes or - 22 - loss of product. The fluorescence of Nalco’s anti-scalants is measured by special equipment which detects the presence and amount of anti-scalant in the source water. H? Continuing the use of sulfuric acid will protect OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the membranes from plating but at a very significant cost. Utilizing Nalco anti-scalants will reduce sulfuric acid costs and minimize safety hazards by reducing the volume stored on site due to lower usage. FI: ISCAL MPACT Percent Acid Reduction67%80%90% Acid Usage Feed pH7.257.257.25 Proposed pH6.76.97 Estimated Cost per lb of acid$ 0.09 $ 0.09 $ 0.09 Current Estimated Annual Acid Cost$ 322,717.58 $ 322,717.58 $ 322,717.58 Proposed Estimated Annual Acid Cost$ 106,496.80 $ 64,543.52 $ 32,271.76 PC-1850T Dosage of 1850T (ppm)1.802.002.20 Tote Cost per lb of PC-1850T$ 1.49 $ 1.49 $ 1.49 Annual Program Cost - PC-1850T - Totes$ 76,840.25 $ 85,378.05 $ 93,915.86 Annual Savings with PC-1850T in totes$ 139,380.53 $ 172,796.01 $ 196,529.96 Bulk Cost per lb of PC-1850T$ 1.39 $ 1.39 $ 1.39 Annual Program Cost - PC-1850T - Bulk$ 71,683.18 $ 87,183.02 $ 97,439.85 Annual Savings with PC-1850T in Bulk$ 144,537.59 $ 178,526.08 $ 202,833.04 A: The City of Boynton Beach could issue its own bid or look for other contracts to LTERNATIVES utilize. However, this may lead to acid substitution at a significantly higher cost. - 23 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CITY OF POMPANO BEACH CONTRACT BID #H-45-08 WITH NALCO COMPANY OF NAPERVILLE, ILLINOIS, FOR THE PURCHASE OF ANTI- SCALANT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Pompano Beach has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a City of Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and City Clerk to sign a Contract with NALCO Company of Naperville, Illinois for the purchase of anti-scalant for the West Water Treatment Plant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a City of Pompano Beach Contract Bid #H-45-08 and authorizes the Mayor and City Clerk to sign a Contract with NALCO Company of Naperville, Illinois for purchase of anti- scalant for use at the West Water Treatment Plant, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of October, 2009. - 24 - CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – Ronald Weiland ___________________________________ Commissioner – Jose Rodriguez ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 25 - CONTRACT FOR THE PURCHASE OF ANTI-SCALANT This Agreement is made as of this ____ day of __________, 2009 by and between NALCO COMPANY, of Naperville, Illinois, a foreign corporation authorized to do business in the State of Florida, with offices at 1601 West Diehl Road, Naperville, Illinois 60563-1198 (“NALCO”), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”). RECITALS WHEREAS , NALCO, submitted a letter proposal dated August 29, 2009 to the City for the purchase of anti-scalant by the City for an annual expenditure of $98,000.00 at prices, terms and conditions based on City of Pompano Beach Contract Bid #H-45-08; and NOW THEREFORE , in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and NALCO, agree that NALCO shall provide anti-scalant to the City pursuant to NALCO’S letter proposal dated August 29, 2009 and incorporating the terms and conditions for performance as set forth in City of Pompano Beach Contract Bid #H-45-08, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided: A. All references to the City of Pompano Beach shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The letter proposal from NALCO dated August 29, 2009, is attached hereto Exhibit “B”. Section 3. In the event that the City of Pompano Beach Contract is amended, or terminated, NALCO shall notify the City within ten (10) days. In the event the City of Pompano Beach Contract is - 26 - amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The NALCO agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Pompano Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA ATTEST: By:_________________________________ ___________________________________ Jerry Taylor, Mayor City Clerk APPROVED AS TO FORM: ___________________________________ James A. Cherof, City Attorney NALCO COMPANY WITNESSES: ____________________________________ BY:_________________________________ Print Name: ____________________ ____________________________________ Title: _________________________ ATTEST: ____________________________________ SECRETARY - 27 - EXHIBIT A AGREEMENT BETWEEN CITY OF POMPANO BEACH AND NALCO COMPANY - 28 - - 29 - - 30 - - 31 - - 32 - - 33 - - 34 - - 35 - - 36 - - 37 - - 38 - - 39 - - 40 - - 41 - - 42 - - 43 - - 44 - - 45 - - 46 - - 47 - - 48 - - 49 - - 50 - - 51 - - 52 - - 53 - - 54 - - 55 - - 56 - - 57 - - 58 - - 59 - - 60 - - 61 - - 62 - - 63 - - 64 - - 65 - - 66 - - 67 - - 68 - - 69 - - 70 - - 71 - - 72 - - 73 - 6. C CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: PROPOSED RESOLUTION NO. R09-141 - Support the EQUESTED CTION BY ITY OMMISSION elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of the housing trust funds for housing programs. ER: In accordance with Florida Statutes Chapter 420, dedicated XPLANATION OF EQUEST revenues resulting from the William E. Sadowski Affordable Housing Act of 1992 are distributed to various municipalities that are “entitlement” communities to assist with affordable housing efforts. However, the State legislature enacted a cap on the Housing Trust Funds beginning in fiscal year 2007/2008. The resolution supports the removal of this cap. H? The result of removing this cap would be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES a return of State Housing Initiatives Partnership [SHIP] Program funding to the level prior to the enactment of the cap on Housing Trust Funds. FI: The average allocation for the previous five years has been $566,908, of ISCAL MPACT which the City has enjoyed the ability to use ten percent for administrative costs. For the fiscal year beginning July 1, 2009 to June 30, 2010, the anticipated SHIP funding is expected to drop to $54,000, with only $5,400 being available for administrative costs. This has adversely impacted the city’s ability to deliver the program services. A: Not to adopt the resolution. LTERNATIVES - 74 - RESOLUTION R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING ELIMINATION OF THE CAP ON HE STATE AND LOCAL HOUSING TRUST FUNDS (HOUSING TRUST FUNDS) AND SUPPORTING FULL APPROPRIATION OF THE HOUSING TRUST FUNDS FOR HOUSING PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has an obligation to provide for the housing needs of its current and anticipated populations and assisting lower income families is dependent upon sufficient housing assistance from federal and state programs; and WHEREAS , thee William E. Sadowski Affordable Housing Act of 1992 created a dedicated revenue source for the state and local housing trust funds expressly and specifically to fund state and local housing programs that assist local governments in meeting the housing needs of its population; and WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of approximately $243 million per year, beginning in Fiscal Year 2007-2008; and WHEREAS , this cap is currently higher than the projected revenue for the Housing Trust Funds for fiscal years 2010-2011, 2011-2012, and 2012-2013, and therefore removal of the cap would have no negative fiscal impact on the state budget; and WHEREAS, housing trust fund monies are the single greatest boost to the economy, providing $7.66 million of economic impact for every $1 million of state funding, and full appropriation of housing trust fund monies is critically needed to stimulate our local and state economy; and WHEREAS , the unmet housing needs of low income Floridians is substantial and the downturn in the real estate market creates opportunities for acquiring, constructing, rehabilitating and preserving housing to meet these needs and these opportunities are lost without housing trust fund monies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The City Commission of the City of Boynton Beach, Florida, supports repeal - 75 - of the cap on the Housing Trust Funds, and urges the Governor and Legislature to adopt statutory changes during the 2010 Legislative Session to repeal the cap. Section 3. That the City of Boynton beach supports full appropriation of housing trust fund monies for housing in the Fiscal Year 2010-2011 Budget. Section 4. That the appropriate City Officials are authorized to do all things necessary and expedient to carry out the provisions of this Resolution. Section 5. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ___ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – Ronald Weiland _____________________________ Commissioner – Jose Rodriguez _____________________________ Commissioner – Marlene Ross ATTEST: _________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 76 - - 77 - - 78 - - 79 - 6. D CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: PROPOSED RESOLUTION NO. R09-142 - Authorize the EQUESTED CTION BY ITY OMMISSION City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. ER: The annual Holiday Parade is scheduled to take place on XPLANATION OF EQUEST Saturday, December 5, 2009 at 5 p.m. traveling north on Federal Highway in the southbound lane. It will be necessary to temporarily close Federal Highway beginning at 2:30 p.m. on December 5, 2009 from Boynton Beach Boulevard south to Woolbright Road to provide for the safety of the participants and citizens who attend this event. Pursuant to Chapter 14-65, Florida Administrative Code, the Florida Department of Transportation requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a Resolution authorizing the special event. H? The permit for the temporary road closing OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will be denied without the Resolution. FI: None. ISCAL MPACT A: Cancel the annual Holiday Parade. LTERNATIVES - 80 - - 81 - - 82 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 83 - 6. E CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM th CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: PROPOSED RESOLUTION NO. R09-143 - Approve the EQUESTED CTION BY ITY OMMISSION Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of Transportation (FDOT) for the construction and construction-engineering-inspection (CEI) services of the Seacrest Boulevard Roadway Improvements project. th ER: On March 19, 2009 the Metropolitan Planning Organization XPLANATION OF EQUEST (MPO) awarded the Seacrest Boulevard project $1,998,838 dollars in ARRA funding. On April th 7, 2009 the City Commission approved a piggy-back of the CRA design and professional th services agreement with Kimley-Horn & Associates, Inc. On July 29, 2009 the City received from FDOT the updated LAP Certification allowing City staff to perform the procurement, construction, and construction-engineering-inspection (CEI) phases of the project. The preliminary and initial engineering submittals have been approved by FDOT and on nd September 2, 2009 the bid documents and construction plans were submitted for approval. Prior to and as part of the final approval from FDOT the City must enter into an agreement before the project can be advertised for bid and the construction phase can commence. The project scope will include, but is not limited to raised median sections, mill and resurfacing, landscaping, irrigation, reclaimed water line extension, street lighting, sidewalk, and signing & pavement markings. H? City staff will be performing construction, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES engineering, and inspection (CEI) services during the construction phase. City labor associated with CEI is eligible for reimbursement under the agreement up to 10% of the project cost. Funding of CEI costs will be reimbursed from the ARRA funding; if the construction budget does not exceed the allocated ARRA funding of $1,998,838.00. - 84 - FI: The design costs will continue to be borne by the CRA. The construction and ISCAL MPACT construction, engineering, and inspection (CEI) costs will be paid for out of the allocated ARRA funds up to $1,998,838.00. The construction costs for the extension of the reclaimed water line will be paid for with CIP funds from the Utilities Department; project #REU003; account #406-5000-590.65-11. A: Do not approve the Local Agency Program (LAP) Agreement between the City LTERNATIVES of Boynton Beach and Florida Department of Transportation (FDOT) and forfeit the allocated ARRA funding of $1,998,838.00 dollars. - 85 - - 86 - - 87 - - 88 - - 89 - - 90 - - 91 - - 92 - - 93 - - 94 - - 95 - - 96 - - 97 - - 98 - - 99 - - 100 - - 101 - - 102 - - 103 - - 104 - - 105 - - 106 - - 107 - - 108 - - 109 - - 110 - - 111 - - 112 - - 113 - - 114 - - 115 - - 116 - - 117 - - 118 - - 119 - - 120 - - 121 - - 122 - - 123 - - 124 - - 125 - - 126 - - 127 - - 128 - - 129 - - 130 - - 131 - 6. F CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10-6-09 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: PROPOSED RESOLUTION R09-144 - Approve the Bill EQUESTED CTION BY ITY OMMISSION of Sale and Utility Easement; and also to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in Boynton Beach. ER: XPLANATION OF EQUEST The water and sewer systems for the former Eckerd’s Pharmacy (now CVS) were completed in 2001, but a bill of sale and utility easement were never provided to the City. Surety in the amount of $38,497.80 was posted as guarantee that the water and sewer systems would be completed. Since completion, this property has changed ownership several times, and is now owned by the Bermuda Company, which has furnished the referenced documents. The Utilities Department has reviewed the conditions included within the bill of sale and easement, and found them to be in accordance with its normal business practices. The original letter of credit no. 10847 from City National Bank of Florida in the amount of $38,497.80 may therefore be returned. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES None FI: ISCAL MPACT None A: LTERNATIVES - 132 - None, the documents now furnished were the only outstanding items preventing release of surety. - 133 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING AND APPROVING THE BILL OF SALE AND UTILITY EASEMENT FOR THE FORMER ECKERDS PHARMACY; APPROVING THE RELEASE OF ALL SURETY FOR THE WATER AND SEWER SYSTEMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , upon completion of the former Eckerds Pharmacy (now CVS) located at the northwest corner of Boynton Beach Boulevard and US 1, a Bill of Sale and Utility Easement were never provided to the City of Boynton Beach; and WHEREAS , since completion in 2001, the property has changed ownership several times and is now owned by the Bermuda Company; and WHEREAS , the City Commission upon recommendation of staff, deems it appropriate to accept and approve the Bill of Sale and Utility Easement and to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Boulevard and US 1. 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 accept, approve and authorizes the Mayor and City Clerk to sign the Bill of Sale and Utility Easement for the former Eckerd Pharmacy property located at the northwest corner of Boynton beach Boulevard and US 1 and approves release of all surety for the water and sewer systems. A copy of the Bill of Sale and Utility Easement are attached hereto and incorporated herein as Exhibit “A.” Section 3. That this Utility Easement will be recorded in the Public Records of Palm Beach County, Florida. - 134 - Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – Ronald Weiland ____________ ____________ Commissioner – Jose Rodriguez _______________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 135 - - 136 - - 137 - - 138 - - 139 - - 140 - - 141 - - 142 - - 143 - - 144 - - 145 - - 146 - - 147 - - 148 - - 149 - - 150 - - 151 - - 152 - - 153 - - 154 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 155 - 6. G CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F X CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Appropriate $446,722.50 from the Fuel Island EQUESTED CTION BY ITY OMMISSION Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1001). PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325 (project #RP1001). ER: The Public Works Complex is the location of the fuel island for all City XPLANATION OF EQUEST vehicles. All vehicles are driven to this site for fueling Underground and above ground petroleum storage tank systems are regulated by the Palm Beach County Petroleum Storage Systems Ordinance which directly follow Chapter 62-761, Florida Administrative Code. This Ordinance requires the upgrade of underground single wall petroleum storage tank systems with secondary containment (double-walled) tanks by December 31, 2009. The purpose of the Ordinance is to minimize the occurrence and environmental risks of releases and discharges into the soil and corresponding water tables. Given the adjacent residential uses, the work is important to complete as soon as possible. Staff is recommending that the existing underground tanks be replaced with above-ground, double- walled steel tanks. This action will eliminate future concerns for tank leaks underground. Most notably, use of above ground tanks will allow for tank relocation to any new Public Works site that may be constructed in the future thereby yielding considerable savings. Although surface space at the current - 156 - Public Works Compound is in scarce supply, staff has identified a median location for the tanks such that vehicle movement at the site will not be impaired. Furthermore, placement of above ground tanks is a fairly rapid process allowing for minimal downtime of fueling operations. Non-compliance for either the removal or closure of the underground single walled tanks by December 31, 2009 would result in penalties from the State. The vendor has identified a schedule of 11-weeks for completion of the project. The project costs areas follows: Item 1: Design, Permitting, Closure Assessment & Other Professional Services $ 33,500.00 Item 2: New Fuel Equipment – Tanks, Dispensers & Associated Equipment $199,450.00 Item 3: Site Work – Concrete Pad, Drive Slabs, & System Installation $115,800.00 Item 4: UST (tank) Removals $ 42,000.00 Item 5: Repave Former UST Area $ 18,000.00 Option 1: Replace underground waste/hydraulic tanks with two 300Gal. double-walled $ 2,700.00 above ground tanks Option 2: Tank Stairs (for access on top of tanks) $ 9,000.00 Option 3: Top of Tank Fill Port w/Spill Bucket $ 5,000.00 COST $425,450.00 5% Contingency $ 21,272.50 TOTAL COST: $446,722.50 The vendor for this project was selected from the Palm Beach County School Board Bid, #09C-018K. Quotes were received from three of the five vendors on the contract with Lutz providing the most comprehensive proposal at the lowest cost. The Palm Beach County School Board Contract complied with Public Contract bid requirements equal to or which exceeds the City of Boynton Beach’s requirements. H? Replacing the underground storage tanks with OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES aboveground storage tanks allows for portability in the event the Public Works Complex moves in future years. Additionally an upgraded fuel tracking system will allow for tighter controls and improved fuel management. FI: Funding for this project is available in the Vehicle Service Fund, account number: ISCAL MPACT 501-0000-389-92-00 Net Assets Appropriated $446,722.50 501-2516-519-63-25 Improvement Other than Bldg/Fuel Tank Replacement $446,722.50 The funding and contingency shall be sufficient for this work. This does not contemplate removal of large quantities of contaminated soil. This is an unknown at this time. - 157 - A: To close the fuel tanks as required and fuel off-site at local fuel facilities located in LTERNATIVES Boynton Beach - 158 - RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A PALM BEACH COUNTY SCHOOL BOARD RFP #09C-018K WITH LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC., OF POMPANO BEACH, FLORIDA, FOR LABOR, EQUIPMENT AND MATERIALS FOR THE INSTALLATION AND START UP OF A NEW ABOVE GROUND STORAGE TANK SYSTEM AND REMOVAL OF THE CURRENT UNDERGROUND STORAGE TANKS FOR A TOTAL COST OF $446,722.50, WHICH INCLUDES A FIVE (5%) CONTINGENCY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the County of Palm Beach has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a Palm Beach County School Board RFP #09C-018K and authorizes the Mayor and City Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc., of Pompano Beach, Florida for labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a Palm Beach County School Board RFP #09C-018K and authorizes the Mayor and - 159 - City Clerk to sign a Contract with Lutz Petroleum Equipment Installations, Inc., for labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency, a copy of the Agreement is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ___________________________________ Vice Mayor – Woodrow L. Hay ___________________________________ Commissioner – Ronald Weiland ___________________________________ Commissioner – Jose Rodriguez ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 160 - CONTRACT FOR FUEL TANK REPLACEMENT PROJECT This Agreement is made as of this ____ day of __________, 2009 by and between LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC., a Florida Corporation, with offices at 2300 th N.W. 16 Street, Pompano Beach, Florida 33069 (“LUTZ”), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”). RECITALS WHEREAS, pursuant to the Palm Beach County Petroleum Storage Systems Ordinance which directly follow Chapter 62-761, Florida Administrative Code, an upgrade of underground single wall petroleum storage tank systems with secondary containment tanks is required by December 31, 2009; and WHEREAS , LUTZ, submitted a proposal dated August 31, 2009 to the City to provide labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K; and NOW THEREFORE , in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and LUTZ, agree that LUTZ shall provide labor, equipment and materials for the installation and start up of a new above ground storage tank system and then the removal of the current underground storage tanks for a total cost of $446,722.50, which includes a five (5%) contingency at prices based on Palm Beach County School Board RFP #09C-018K, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided: A. All references to the Palm Beach County School Board shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney - 161 - Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The proposal from LUTZ dated August 31, 2009, is attached hereto Exhibit “B”. Section 3. In the event that the Palm Beach County School Board Contract is amended, or terminated, LUTZ shall notify the City within ten (10) days. In the event the Palm Beach County School Board Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The LUTZ agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Palm Beach County School Board Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA ATTEST: By:_________________________________ ___________________________________ Mayor City Clerk APPROVED AS TO FORM: ___________________________________ James A. Cherof, City Attorney LUTZ PETROLEUM EQUIPMENT INSTALLATIONS, INC. WITNESSES: ____________________________________ BY:_________________________________ Print Name: ____________________________________ Title: _________________________ - 162 - ATTEST: ____________________________________ SECRETARY - 163 - EXHIBIT A AGREEMENT BETWEEN PALM BEACH COUNTY SCHOOL BOARD AND LUTZ TRAFFIC CONTROLS, INC. - 164 - - 165 - - 166 - - 167 - - 168 - - 169 - - 170 - - 171 - - 172 - - 173 - - 174 - - 175 - - 176 - - 177 - - 178 - - 179 - - 180 - - 181 - - 182 - - 183 - - 184 - - 185 - - 186 - - 187 - - 188 - - 189 - - 190 - - 191 - - 192 - - 193 - - 194 - - 195 - - 196 - - 197 - - 198 - - 199 - - 200 - - 201 - - 202 - - 203 - - 204 - - 205 - - 206 - - 207 - - 208 - - 209 - - 210 - - 211 - - 212 - - 213 - - 214 - - 215 - - 216 - - 217 - - 218 - - 219 - 6. H CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: PROPOSED RESOLUTION NO. R09-146 - Authorize the EQUESTED CTION BY ITY OMMISSION execution and payment of the annual service agreement between Motorola and the City of Boynton Beach in the amount of $138,676.32. ER: XPLANATION OF EQUEST The service agreement with Motorola is to provide 24-hour repairs for radio equipment, dispatch service, technical support service, network monitoring service, infrastructure repair with advanced replacement service, onsite response service-Premier Option, and microwave Services. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This contract will allow 24-hour maintenance of all city service radios including mission critical departments including fire and police. This includes regular maintenance and repair of subscriber units as well as the backbone infrastructure. FI: ISCAL MPACT Budgeted amount included in the Account #001-1810-519-46-24. A: LTERNATIVES None since with the completion of the rebanding process and the purchase of new Motorola equipment, we are committed to renewing this contract for the foreseeable future. - 220 - RESOLUTION NO. R 09- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA, INC., PROVIDING FOR THE MAINTENANCE OF THE RADIO SYSTEM FOR A TWELVE (12) MONTH PERIOD, IN AN AMOUNT NOT TO EXCEED $138,676.32; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a twelve (12) month period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Service Agreement between the City of Boynton Beach and Motorola, Inc. for the maintenance of the radio system for a twelve (12) month period in an amount not to exceed $138,676.32, a copy of said Agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. - 221 - PASSED AND ADOPTED this _____ day of October, 2009. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – Ronald Weiland _______________________________ Commissioner – Jose Rodriguez _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, CMC City Clerk (Corporate Seal) - 222 - - 223 - - 224 - - 225 - - 226 - - 227 - - 228 - - 229 - - 230 - - 231 - - 232 - - 233 - - 234 - - 235 - - 236 - - 237 - - 238 - - 239 - - 240 - - 241 - - 242 - - 243 - - 244 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 245 - 6. I CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Approve participation in the State of Florida Department of EQUESTED CTION BY ITY OMMISSION Management Services Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements.. ER: The State of Florida has developed a fuel card program for offsite fueling XPLANATION OF EQUEST based on the MasterCard architecture. The program was developed to provide the State and surrounding government entities a system that allow for fleet vehicles to fuel at any location capable of utilizing the MasterCard platform while protecting the interest of the entity and ensuring contractual pricing over a long term. This includes a web based program that allows in-house administration the ability to assign, track, and lockout cards in house 24/7. The contract includes user defined monthly reports, and credit of all taxes prior to each billing cycle. The contract is a five year term with an additional five year extension. The fuel cost would be calculated at O.P.I.S. (Oil Price Information Service) Plus %, Unleaded 0.1302 and Diesel 0.1735. All cost of cards, software, and training would be at the contractor’s expense. H? The program would greatly supplement our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES existing city fueling system at the Public Works Complex by providing alternative fueling locations that include strict fiscal controls in the event of an emergency or the fuel pumps at the Public Works complex are down. FI: The program would allow for tighter accountability in emergency fueling situations ISCAL MPACT and contractual pricing opportunity over a long term. There is no cost of implementation for this program. Any additional cost would be for use as the program cost is calculated into the plus percentage of O.P.I.S daily publication. O.P.I.S determines the daily wholesale (port) cost of fuel. Mark ups are determined by the transport companies and vendors. The state contract limits this mark up and holds it - 246 - during the applicable period. Funding for the purchase of fuel is allocated in the Fleet Maintenance Account # 501-2516-519-5210 and then charged back to the departments. A: Continue with yearly agreements with local fuel vendors to supply fuel during LTERNATIVES emergency situations limiting options for fuel. - 247 - - 248 - - 249 - - 250 - - 251 - - 252 - - 253 - - 254 - - 255 - - 256 - - 257 - - 258 - - 259 - - 260 - - 261 - - 262 - - 263 - - 264 - - 265 - - 266 - - 267 - - 268 - - 269 - - 270 - - 271 - - 272 - - 273 - - 274 - - 275 - - 276 - - 277 - - 278 - - 279 - - 280 - - 281 - - 282 - - 283 - - 284 - - 285 - - 286 - - 287 - - 288 - - 289 - - 290 - - 291 - - 292 - - 293 - - 294 - - 295 - - 296 - - 297 - - 298 - - 299 - - 300 - - 301 - - 302 - - 303 - - 304 - - 305 - - 306 - - 307 - - 308 - - 309 - - 310 - - 311 - - 312 - - 313 - - 314 - - 315 - - 316 - - 317 - 6. J CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10-6-09 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Approve settlement of claim for costs associated with the EQUESTED CTION BY ITY OMMISSION connection of public sewer system to 815 Bamboo Lane. ER: XPLANATION OF EQUEST In May 2007, the developer of the Estancia Development uncovered the existence of a sanitary sewer line that crossed their property and served the property located at 815 Bamboo Lane. In order to have the construction of the development continue, the developer disconnected the sewer line from the residence at 815 Bamboo Lane, and installed a temporary holding tank. City staff agreed at that time to pay that portion of the costs associated with the connection of the sanitary sewer line to the residence. As part of the construction, the City paid approximately $5,700 for the installation of the new line. Following the completion of the construction and the connection of the sanitary sewer line, the developer presented about $23,000 in costs. City staff discussed this matter with the City Attorney’s Office and the City Manager, and it was agreed that the City would offer no more than $5,000 to the developer. The developer has accepted the offer, and will execute a release of all claims if the City Commission approves the settlement. If the proposed settlement is approved, the City’s total expenditures incurred with respect to the reconnection of the City’s sanitary sewer line will be approximately $10,700. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The sanitary sewer line was connected to the resident at 815 Bamboo Lane, and a potential sanitary hazard was eliminated. FI: ISCAL MPACT - 318 - The City will pay the developer, HHC Boynton, LLC, $5,000.00 in consideration of the execution of a release of all claims to this matter. A: LTERNATIVES Do not approve the settlement. - 319 - RELEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That HHC Boynton, LLC, a Florida limited liability company, (collectively "First Party"), individually and on behalf of all officers, members, managers, affiliated entities and persons, jointly and severally, for and in consideration of the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00), or other valuable considerations, received from or on behalf of THE CITY OF BOYNTON BEACH, FLORIDA ("Second Party"), the receipt and sufficiency whereof is hereby acknowledged, hereby remise, release, acquit, satisfy, and forever discharge the second party, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in law or in equity, which First Party ever had, now has, or which any personal representatives, successor, heir or assign of First Party, or anyone claiming by, through or under them or any of them, hereafter can, shall or may have, against said Second Party, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or contingent, matured or unmatured, up to this date, related to any claim related to the connection of a sanitary sewer line located at 815 Bamboo Lane, in the City of Boynton Beach in 2007. That Second Party, for the agreement by the First Party to release said Second Party as set forth in this General Release, and for other good and valuable consideration the receipt and sufficiency whereof is hereby acknowledged, hereby remise, release, acquit, satisfy, and forever discharge the First Party, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens, assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in law or in equity, which Second Party ever had, now has, or which any personal representatives, successor, heir or assign of Second Party, or anyone - 320 - claiming by, through or under them or any of them, hereafter can, shall or may have, against said First Party, for, upon or by reason of any matter, cause or thing whatsoever, known or unknown, fixed or contingent, matured or unmatured, up to this date, elated to any claim related to the connection of a sanitary sewer line located at 815 Bamboo Lane, in the City of Boynton Beach in 2007. First Party and Second Party each hereby represents and acknowledges that it has had the opportunity to obtain independent legal counsel before signing this instrument, and has waived that right understanding that this instrument shall be legally binding upon them. (Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the past and present agents, officers, stockholders, directors and employees, and the successors and assigns of corporations.) IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of ________________, 2009. FIRST PARTY: Signed, sealed and delivered in HHC Boynton, LLC, a Florida limited liability the presence of liability company ____________________________ BY:___________________________________ Sign Name ____________________________ Garrett Graue, Vice President HHC Development, Inc., a Delaware corporation Print Name ____________________________ Its: Manager Sign Name ____________________________ Print Name SECOND PARTY: ATTEST: CITY OF BOYNTON BEACH ______________________________ By:__________________________________ City Clerk Mayor Jerrry Taylor APPROVED AS TO FORM: By:____________________________ - 321 - City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF _______) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, that the foregoing instrument was acknowledged before me this ____ day of __________________, 2009, by GARRETT GRAUE, Vice-President of HHC Development, Inc., on behalf of said corporation, Manager of HHC Boynton, LLC, a Florida limited liability company. He is personally known to me or has produced ____________ as identification. NOTARY PUBLIC ____________________________ Type or Print Name Commission No. _____________ My Commission Expires: DNT:dnt H:\1990\900182.BB\RELEASE\General Release - Estancia.doc - 322 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 323 - 6. K CONSENT AGENDA October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Authorize the reallocation of $1,500 from Boynton Isles to EQUESTED CTION BY ITY OMMISSION the Jayne E. Miller Nursing Scholarship Fund from Commissioner Rodriguez's Community Investment Fund. ER: At the 9/14/09 Commission meeting $1,500 was approved for XPLANATION OF EQUEST Boynton Isles from Commissioner Rodriguez’s Community Investment Fund. It was brought back for reconsideration at the 9/22/09 Budget Hearing and was not approved. Commissioner Rodriguez would like these funds ($1,500) reallocated to the Jayne E. Miller Nursing Scholarship Fund to assist in the education of nursing students which has been a recipient of Community Investment Funds for several years. H? Allocation of funds will assist the above OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES organization. FI: Account # 001-1110-511-95-47 Funds are budgeted for these types of ISCAL MPACT activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. A: Decline to authorize the requested use. LTERNATIVES - 324 - - 325 - - 326 - - 327 - - 328 - (THIS PAGE INTENTIONALLY LEFT BLANK) - 329 - 9. A CITY MANAGER’S REPORT October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Provide direction to staff regarding banners and EQUESTED CTION BY ITY OMMISSION decorations for the upcoming holiday season. ER: During the past couple of years, in cooperation with the CRA, holiday XPLANATION OF EQUEST banners and decorations have been installed in various locations throughout the City. The cost of the City’s share for this past holiday season was approximately $40,000. The CRA’s cost was approximately $30,000. However, the City’s funding for this activity has been reduced to $10,000 for FY 2009/10, which has been allocated to maintain and store our existing inventory of banners and related hardware. In order to maintain the holiday tree, displays and decorations in front and around the museum, the CRA has absorbed a larger portion of the costs. They’ve increased their budget by $10,000. Acknowledging there may strong interest by some in our community to continue this program in some capacity, staff seeks direction in regards to how the funding for this season should be allocated. H? Holiday decorations include the 50’ Holiday OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Tree and the Menorah and Kwanza displays, which are placed adjacent to the Children’s Museum, rope lights at the Marina and around City Hall, the poinsettia arch at City Hall, and various decorations that are placed at the Hester Center, Sims Center, Civic Center and Children’s Museum. Holiday banners have been installed on M.L.K. Blvd., between Federal Hwy. and Seacrest Blvd.(16); Ocean Avenue from Seacrest to the Intracoastal Bridge (62), and Boynton Beach Blvd. from I-95 to Federal Hwy. (32). Last year we added Woolbright Rd. between I-95 and Federal Hwy. (20). The CRA also had banners installed at the Promenade Extension and Marina (30). - 330 - FI: These were the City’s costs for this program during the past season: ISCAL MPACT HOLIDAY TREE - City’s share for the installation and removal of 50’ holiday tree $20,000 (including tree decorations) CITY HALL DECORATIONS - (poinsettia arch, lighting around trees) $5,726 BANNERS - Installation, service, removal and storage of 16 holiday banners along MLK $1,360 (between Fed. Hwy and Seacrest) and 12 banners on Boynton Beach Blvd. (between Fed. Hwy. and Seacrest) NEW BANNERS - Purchase, installation, service and removal of twenty (20) 30”x 60” $4,060 banners along Woolbright Rd MENORAH and KWANZA DISPLAYS - Installation, service and removal $800 DECORATIONS/HESTER CENTER - Installation and removal $2,500 DECORATIONS/SIMS CENTER - Installation and removal $2,580 MISC. ELECTRICAL SERVICE - holiday tree $2,954 TOTAL $39,980 A: LTERNATIVES a)Do not fund installation/removal of holiday decorations and banners for this holiday season. b)Contribute the $10,000 towards the CRA’s expenses. c) Allocate the $10,000 for the installation/removal of decorations in the remaining areas of the City, i.e. City Hall, Sims and Hester Centers and/or holiday banners. NOTE: Last year the City purchased new banners for Woolbright Rd. This year the estimated cost to install/remove those banners is $1,000. - 331 - 11. A NEW BUSINESS October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 6, 2009 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Discussion of a process and procedure for appointing a EQUESTED CTION BY ITY OMMISSION new seven member CRA Board. This item is placed on the agenda at the request of Commissioner Rodriguez. . ER: On June 16, 2009 the City Commission adopted Ordinance 09-030 XPLANATION OF EQUEST (attached) providing for the appointment of a seven member board of commissioners of the Community Redevelopment Agency. Excerpts of the minutes from the first reading (6/2/09) and the adoption hearing (6/16/09) are attached. Commissioner Rodriguez requested a copy of a draft application be attached as well. This item was brought before the Commission on July 21, 2009 at which time the Commission tabled the item until after the City budget was completed. An excerpt of the minutes is attached. H? Establishment of process and procedures would OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES be beneficial to ensuring timely vetting of applicants and appointments. FI: None. ISCAL MPACT A: 1)Take no action at this time, 2) Modify application as desired. LTERNATIVES ATTACHMENTS: I) Ordinance 09-030 – Providing for Appointment of a Seven Member CRA Board II) Excerpt from City Commission Meeting 6/2/09 III) Excerpt from City Commission Meeting 6/16/09 IV) Excerpt from City Commission Meeting 7/21/09 V) Draft of a CRA Board Application - 332 - - 333 - - 334 - - 335 - - 336 - - 337 - - 338 - - 339 - - 340 - - 341 - - 342 - - 343 - 11. B NEW BUSINESS October 6, 2009 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/6/09 OMMISSION EETING ATE A/P CM’R NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT A NB DMINISTRATIVEEW USINESS NO ATURE F CA L ONSENT GENDAEGAL AI GENDA TEM CC&L ODE OMPLIANCE EGAL S UB ETTLEMENTSNFINISHED USINESS PH UBLIC EARING RACC: Discussion of status of proposed Green Market at Boynton EQUESTED CTION BY ITY OMMISSION Beach Mall. ER: This is a follow-up discussion as requested by XPLANATION OF EQUEST Commissioner Ross as to the status of the Green Market at the Mall. H? Information only OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Information only. ISCAL MPACT A: Information only. LTERNATIVES S:\CC\WP\EasyAgenda Items\Green Market at Mall - 10-06-09.doc - 344 -