The URL can be used to link to this page

Agenda 08-19-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA AUGUST 19, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager 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 PUBI.ZC PARTZCIPA'rZON AT CITY OF BOYNTON BEACH COMMISSION MEE'I~NGS 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 MEE'I'~NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · 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. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · 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. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted 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). August 19, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Reflection C. Pledge of Allegiance to the Flag led by Commissioner Weiland D. TF YOU WXSH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRZATE RE{~UEST FORM · GZVE ZT TO THE cTrY CLERK (ON THE DAZS) BEFORE THE 'OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDZVZDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Adoption II. III. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNTTY & SPECZAL EVENTS, & PRESENTATZONS: A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations: a. City of Boynton Beach Firefighter Appreciation Week - August 25- September 1, 2003 Agenda Regular City Commission MeeUng Boynton Beach, Florida August 19, 2003 2. Recognition of Keyes Company Realtors for being the recipient of the 2003 Sponsor of the Year Sunsational Award from the Florida Festivals Events Association ADMZNZSTRATZVE: Accept resignation of Dee Zibelli, Regular Member of the Code Compliance Board Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date Mayor Broening Advisory Bd on Children & Youth Alt i yr term to 4/04 Tab/ed (3) I Weiland Advisory Eld on Children & Youth Stu/NonVotir~j 1 yr term to 4/04 Tabled (3) II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/04 TabL-*d (3) III Ferguson Advisory Bd on Children & Youth Reg 2 yr term to 4J04 Mayor Broening Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 ! Weiland Cemetery Board Alt ~. yr term to 4/04 ! Weiland Code Compliance Board Reg 3 yr term to 4/04 TV McKoy Community Relations Board Alt I yr term to 4/04 Tabled (3) !V McKoy Education Advisory Board Alt I yr term to 4/04 Tabled (3) Mayor Broening Education Advisory Board Stu 1 yr term to 4/04 Tabled (3) ! Weiland Library Board Alt 1 yr term to 4/04 Tabled (2) !V McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) ! Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) V. 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. Minutes: Agenda Preview Conference of August 4, 2003 Regular City Commission Meeting of August 5, 2003 2 Agenda Regular City Commission HeeUng Boynton Beach, Florida August 19, 2003 Co Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award "CO-OP ROAD CONSTRUCTION MATERIALS," Bid #076-1411- 03/JA to various vendors - Austin & Tupler, Community Asphalt and Ventura and Sons, for an estimated annual expenditure of $71,368,75 Award bid for "ANNUAL SUPPLY OF FRONT LOAD CONTAINERS," Bid #070-2510-03/CJD to FLORIDA CAN, INC. of Mulberry, Florida, in the amount of $20,000 Resolutions: Proposed Resolution No. R03-139 Re: Change order to RMPK Group, Inc. Consultant Agreement for Rewriting of Land Development Regulations to increase total project cost by $56,000 (including $5,500 for contingencies) to include additional services and extend the contract by 12 months Proposed Resolution No. R03-140 Re: Annual service agreement between Motorola and the City of Boynton Beach for the City's communication system Proposed Resolution No. R03-141 Re: Contract for services ($8,000) for Community Development Block Grant recipient Mad Dads of Boynton Beach, Inc., previously approved for funding July 2, 2002 Proposed Resolution No. R03-142 Re: Full release of surety for the project known as Lester PUD plats 2, 3, 4, 5 and 6 and returning the appropriate letters of credit to the developer Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 Proposed Resolution No. R03-144 Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved Proposed Resolution No. R03-145 Re: Release of a cash bond of $36,850 to Verderame Construction Co., Inc. for the project known as the Golden Corral Proposed Resolution No. R03-146 Re: An Interlocal Agreement between the City of Boynton Beach and Palm Beach County for a Lake Worth Lagoon Partnership Program reimbursable grant in the 3 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 amount of $500,000 to be applied to the stormwater improvement program planned for the :INCA neighborhood located on NE 7t~ Street between NE 10~ and NE 7u~ Avenues Proposed Resolution No. R03-147 Re: Proposal to provide consultant services to evaluate Track-It! installation and provide best practices process recommendations and a plan for effectively moving to Track-Tt! 6.0, in the amount of $4,500, plus travel expenses (I.T.S./G.I.S. Department) 10. Proposed Resolution No. R03-148 2003-2004 updated Pay Plan for City Employees Re: Approving the 11. Proposed Resolution No. R03-149 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of .luly 31, 2003: Authorization to expend $4,000 from Repair & Replacement Funds on an emergency basis to replace water booster pump and progressive cavity pump for polymer system Authorization to expend $1,200 from Repair & Replacement Funds to replace cutter blade and screen for sludge gdnder Authorization to expend $4,500 from Repair & Replacement Fund for replacement of screw dewatering conveyer Authorization to expend $5,000 from Repair & Replacement Fund to replace seals on 4 screening building scrubber pumps Authorization to expend $2,700 on an emergency basis from Repair & Replacement Fund to replace teeth on bar screens Authorization to expend $3,300 from Repair & Replacement Fund to replace 150HP fan motor for aeration scrubber Authorization to expend $3,500 from Repair & Replacement Funds on an emergency basis to replace screw and weir bars on grit cover Authorization to expend $3,000 from Repair & Replacement Funds on emergency basis to replace level controller on bar screens Authorization to expend $2,000 from Repair & Replacement Fund to paint interior walls of bar screen room 4 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 Authorization to expend $9,500 from Repair & Replacement Fund on an emergency basis to replace clarifier i and 2 bridge supports and align and reweld spacer bars on bar screens Authorization to establish wastewater user rate to cities for fiscal year 2003/2004 as follows: Operations & Maintenance Reserves Total 2002/2003 $0.635/1,000 Gal $0.180/1,000 Gal $0.815/1,000 Gal Authorization for acceptance of 2003/2004 Wastewater and Reclaim O & M Budgets and Wastewater Repair and Replacement Expenditures (Sinking Fund) D. Ratification of Community Redevelopment Agency Action: The Paving Lady (NWSP 03-008), 1000 W. Industrial Avenue - Request for site plan approval for construction of a 12,480-square foot industrial building, with related site improvements on a 1.4q-acre lot in the M-1 Industrial zoning district (Tab/edon 7/15/03) First Baptist Church (SPTE O3-O02), 301 North Seacrest Boulevard - Request for a one (1) year time extension for major site plan modification approval granted on May 5, 2002, to May 5, 2004 E. Ratification of Planning & Development Board Action: None F. Approve the donation of $1,000 to Florida Missing Children from Law Enforcement Trust Fund Accept the written report to Commission of purchases over $10,000 for the month of July 2003 for informational purposes Authorize the use of Community Investment Funds for East Boynton Beach Little League in the following amounts: Commissioner McCray - $2,000, Commissioner McKoy - $2,000, Commissioner Weiland - $3,000, Vice Mayor Ferguson - $1,500 V~. CODE COMPLZANCE & LEGAL SETTLEMENTS: None PUBLZC AUDZENCE: ZND~[V[DUAL SPEAKERS WTLL BE I_TMTrED TO 3-MTNUTE PRESENTATIONS 5 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 VITI. PUBI TC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) (PO.,;7'PONEMENT RE(~UE~I'ED BY APPI.~CANT) Winston Lee, Winston Lee & Associates, Tnc. Nayrot Realty, :[nc. Southwest corner of :[-95 and Woolbright Road Request for an abandonment of a portion ingress/egress and utility easement of an existing Project: Agent: Description: Comprehensive Plan Text Amendment (CPTA 02-002) Remedial Amendments City Initiated Request to amend Future Land Use Element Policy 1.16.1 by adding ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use-Core (MX-C) land use categories (1st reading of Proposed Ordinance No. 03-039) CTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Table, on $/20/03) City Manager Performance Review 2002-03 (Proposed ResoluUon No. RO3- Z50) FUTURE AGENDA TI'EMS: A. 1~ Public Hearing regarding Budget (September 4, 2003) B. Public Hearing regarding Fire Assessment (September 11, 2003) Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 16, 2003) D. Follow-up Meeting with CRA on Development Issues (September 2003) E. 2nd Public Hearing regarding Budget (September 16, 2003) F. First reading of Proposed Ordinance regarding docks (September 16, 2003) Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September 16, 2003) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) I. High School Task Force Report (December 2, 2003) 3. Proposed Lease Agreement with Boynton Woman's Club ('rBA) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03-) XT. NEW BUSTNESS: Discussion regarding proposed off-premise sign at Texaco Station (Tabled on al$1OS) X/T. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-036 Re: Abandonment of a 12-foot wide utility easement as required for the construction of the recreation area of Phase III of the apartment complex (Villas at Quantum Lakes Phase III) Proposed Ordinance No. 03-037 Re: Amending Section 55 of the City Charter "Compensation of Mayor and Council," providing for an increase in the salary amount of the Mayor and City Commission Members Proposed Ordinance No. 03-038 Re: Amending Chapter 21, Article 11T, Section 6.D of the Land Development Regulations to remove the regulations pertaining to posting temporary political signs on private property B. Ordinances - 1~ Reading Proposed Ordinance No. 03-040 Re: Amending Chapter 9, Fire Protection and Prevention, Article TTI of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal Proposed Ordinance No. 03-O41 Re: Annexation of a ±9.74-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Boynton) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida August 19, 2003 Proposed Ordinance No. 03-042 Re: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre (Serrano at Boynton) Proposed Ordinance No. 03-043 Re: Rezoning a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning of 47-single family, zero-lot line homes Proposed Ordinance No. 03-044 Re: Abandonment of an existing ingress/egress easement (Boynton Commerce Center) Proposed Ordinance No. 03-045 Re: Abandonment of a Florida Power and Light easement (Boynton Commerce Center) Proposed Ordinance No. 03-046 Re: Abandonment of a portion of a utility (water) easement (Boynton Commerce Center) 8. Proposed Ordinance No. 03-047 Re: Revisions to the Personnel Policy Manual C. Resolutions: None D. Other: None /,III. UNFINISHED BUSINESS: None X_TV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETINGf HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDf 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 cFrY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEF1TS OF A SERVICE, PROGRAM~ OR ACTIVITY CONDUCTED BY THE C1TY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVFrY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 8/19/2003 8:37 AM S:\CC\WP\CCAGENDA~AGENDAS\Year 2003\081903 final agenda.doc 8 Requested City comrmssion MeetinK Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 XIZ.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14. 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City ConUmssion Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18. 2003 Date Final Form Must be Turned in to City Clerk's Office September 15. 2003 (Noon) October 6. 2003 (Noon) October 20. 2003 (Noon) November 3. 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Present Proclamation for Firefighter Appreciation Week. EXPLANATION: The Muscular Dystrophy Association has asked the City's assistance in recognizing the effort~ Cit.~.. firefighters on behalf of the MDA. The funds collected during their 2002 "Fill the Boot" campaign, combined wit~[ljhe from fire departments across the state, brought in a record breaking $1,226,750. Florida firefighters hold the #2 state rankings for monies raised for MDA. To show its appreciation, the MDA is sponsoring Firefighter Appreciation Aug. 25-Sept. 1. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present proclamation. (ff' Depart{v~nt Hea~'sign~ture City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC Fighting fire is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage and selfless concem for the welfare of our citizens. In addition to their daily service to communities like Boynton Beach, firefighters throughout the state and across the nation have joined with the Muscular Dystrophy Association for the past 49 years in the fight against neuromuscular diseases. In 2002, Florida firefighters collected a record breaking $1,336,750 in over 300 communities with their "Fill the Boot" campaign for MDA, again making firefighters MDA's largest source of funding. For this reason, the MDA is extremely grateful to the firefighters of the City Of Boynton Beach for their support and dedication. The funds collected by the City of Boynton Beach firefighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups and public education seminars at no cost to local children and families. In honor of the efforts of the City Of Boynton Beach firefighters, the MDA is sponsoring City Of Boynton Beach Firefighter Appreciation Week. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim August 25-September 1, 2003, to be observed as City Of Boynton Beach Firefighter Appreciation Week And urge all citizens to recognize the firefighters of the City Of Boynton Beach for their efforts on behalf of the Muscular Dystrophy Association. In witness whereof, I have hereunto set my hand and caused the seat of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Florida, this 19th day of August, Two thousand three. ATrEST: Gerald Broening, Mayor City of Boynton Beach City Clerk i (Corporate Seal) :! 'i : S:~CC~WP~CCAGENDA~Proclamations~DA Firefighter Appreciation Week - 2003.doc Z?I~.-ANNOUNCEMENTS & PRESENTATIONS tem C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Legal [] New Business [] Presentation Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~ t3~ RECOMMENDATION: Recognize Keyes Company Realtors for being the recipient of the 2003 Sponsor of the~ar ~,,~ Sunsational Award from the Florida Festivals and Events Association. -' EXPLANATION: The Special Events Unit nominated Keyes Company Realtors for the Sponsor of the Year Sunsational Award, which is presented annually by the Florida Festivals and Events Association, an organization of professional event planners and promoters. At its recent convention held in Delray Beach, FFEA named Keyes as the winner of this year's award. Keyes is the sponsor of the City's Oceanfront Concert Series. The award is presented on the basis of outstanding commitment to the support of one or more festivals and events and leadership and involvement over and above financial support to ensure the success of events. Keyes has surpassed both criteria by contributing financial support and committing substantial human resources to support a variety of City-produced events and activities. Other nominees included Pepsi and the Palm Beach Post. PROGRAM IMPACT: Recognizing our event sponsors in this manner brings added value to them and helps to enhance our relationship with them. FISCAL IMPACT: Keyes sponsorship of the Oceanfront Concert Series helps to defray the cost of producing the event. ALTERNATIVES: Don't recognize Keyes ~ Depart~l~n~ Hea~s Signature (~ity Manager's Signature Public Affairs Department Name City Attomey/ Finance / Human Resources S:q3ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC July 24, 2003 :r¥ OF 80YNTID'N BEAC!'i ... ..,.:~,,. ,-. ilFF!Cr ZV. ADMINISTRATIVE ?TEM A. a3,JVL2l, PM 2:00 Janet Prainito City Clerk 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Resignation from the Code Compliance Board Dear Mrs. Prainito: Please accept this letter of resignation from the Code Compliance Board effective immediately. I am unable to continue my service on this Board due to illness and the fact I'm moving out of Boynton Beach in the very near future. I want you to know I've enjoyed serving the citizens of Boynton Beach over the years in various capacities, including time as a member of the City Commission. I would like to thank everyone for the opportunity to serve the community and really have enjoyed contributing to the growth and prosperity of our fine City. Please give my regards to my fellow Board members and staff. Sincerely, Dee Zibelli V.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon)e. [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award the "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #076-1411- 03/JA to various vendors. Austin & Tupler, Community Asphalt and Ventura and Sons, as outlined below for an estimated expenditure of 71,368.75. EXPLANATION: On May 29,2003, the lead entity, City of Delray Beach, received and tabulated seven (7) proposals, Austin Tupler Trucking, Inc., Community Asphalt, and Ventura & Sons were the lowest, most responsible, responsive bidders w ho meet a Ii specifications for the commodities used by Boynton Beach. Jim Hart, Assistant Supervisor Wastewater, and George Mantel, Roads and Street Supervisor, concur with this recommendation (see attached Memo #03-114 Streets and Roads, and Memo # 03-105 Utilities Dept). VENDOR/COMMODITY ANNUAL ESTIMATED QUANTITIES FOR UTILITIES & PUBLIC WORKS ESTIMATED EXPENDITURE AUSTIN TUPLER TRUCKING~ INC. Crushed Limerock (Delivered) COMMUNITY ASPHALT CORP. Type III Asphalt (Pick-Up Material) VENTURA & SONS... Shell Rock VENTURA & SONS. Drainfield Rock VENTURA & SONS Shell Rock 1,000/TONS ~ $9.55/per ton 350/TONS ~ $34.00/per ton 4,950/TONS ~ $7.25/per ton 1,050/TONS ~ 12.50/per ton 125/TONS ~ 7.25/per ton TOTAL ESTIMATED EXPENDITURE $9,550.00 $11,900.00 $35,887.50 $13,125.00 $906.25 $71,368.75 PROGRAM IMPACT: This Bid is utilized by Public Works/Roads & Streets and Utilities to purchase road construction materials for various repair and replacement applications. Four (4) participating entities submit individual requirements which are combined for total anticipated usage. These totals are used to calculate a firm quantity price; however, each awards individually due to location, points of delivery, and quantity. SABULLETIN~FORMSX, AGENDA ITEM REQUEST FORMDOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The provision of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: Road Construction Materials are used by various divisions in Utilities and Roads and Streets Division of Public Works. Funds are available in several accounts for use by these divisions on an "as needed basis". UTILITIES BUDGET ACCOUNTS: 401-2810-536--52-31 Stock for water main repairs 401-2815-536--52-32 Stock for sewer main repairs 401-2824-536-52-23 Stock for storm drain/repairs 401-2824-536-63-13 New storm water development PUBLIC WORKS BUDGET ACCOUNT: 001-2512-541-53-10 Street Repairs & Maintenance Supplies Deputy Director of Financial Services Procurement Services Department Name ~gnature City Attorney / Finance / Human Resources /ia CC: Mark Law, Deputy Utilities Director Barb Conboy, Utilities Manager Chris Roberts, Asst. Public Works Director George Mantell, Street Maint. Supervisor Central File File S:kBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC TO: VIA: FROM: DATE: SUBJECT: DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-114 Bill Atkins, Deputy Finance Director / Procurement Jeffrey Livergood, Public Works Director Christine Roberts, Assistant Public Works Director George Mantell, Roads & Streets Supervisor July 25, 2003 Road Construction Materials Co-op Bid #2003-31 .' ECEIVED JUL 3 0 2003 PROCUREMENT SERVICES The Public Works Street Division is recommending awarding the shell rock bid to Ventura & Sons Trucking per co-op bid. The Streets Division also recommends awarding Type III asphalt pick up only to Community Asphalt on annual contract co-op bid 2003-31. Vendor Bid Item Unit Cost Est Usage Ventura & Sons Shell Rock $7.25 125.00 tons Community Asphalt Type III Asphalt $34.00 ton 350.00 tons The account number is 001-2512-541-5310 for Street Repai~vta~. tenance Supplies. If you have any question please call me at 742-6587 / GM/dc Copy: PW Files MEMORANDUM Utilities # 03-105 (Revised 8/01/03) RECEIVED AUG 0 ~ 2003 pROCUR;.r~.~NT :~=~, ~ ~C~ TO: Bill Atkins Procurement Services FROM: THROUGH: Jim Hart Utilities Depart?ent ,, Barb Conboy ~"~~ Utilities Department DATE: July 2, 2003 SUBJECT: Road Construction materials recommendation for award Co-Op Bid #2003-31 "Road Construction Materials" Agenda Item The Utilities Department is in receipt of the tabulation sheet for the above mentioned bid. We recommend awarding the Crushed Course lime rock portion to Austin Tupler Trucking Inc. and the Pit Run Shell rock and Drain field rock to Ventura & Sons Trucking. Vendor Austin Tupler Ventura & Sons Ventura & Sons Bid Item Crushed Lime Rock Shell Rock Drain field Rock Unit Cost Est. $9.55 / ton $7.25 / ton $12.50/ton Usage Extended cost 1,000 tons $9550.00 4,125 yards (4,950 tons) $35,887.50 1,050 tons $13,125.00 Funds are available in the various accounts listed below. 401-2810-536-52-31 401-2815-536-52-32 401-2824-536-52-33 401-2824-536-63-13 Stock for water main repairs Stock for sewer main repairs Stock for storm drain repairs New storm water development Cc: Mark Law Bob Kenyon John Wylie Tony Lombardi Fred Ireland Barb Conboy I:ITY OF DELIIIlY BEAI:H JUN 2 3 2003 Co~ ~ve ~~ Co~ ~: B~d ~3-3 t - C~p Bid "~ ~on ~s" ~ ~ of ~ o~ bi~ ~oiv~ ~ ~cbu~ on ~. M~Y 29., oo~ of$,~ ~r ~ ~t ~b e~W ~ ~ to ~ ~t ~e for ro~-mp ~avol ~ ~ v~) sm. (~ 9~e I, Sec~ I "~k-~ ~" of~ bid ~ ~ of pd~ ~r DeUv~d ~ee ~i a~ b~ ~r4~ ~v~y by each ~c:p&c~ e~. ~ C~ of B~a ~m See a~d ~b~don ~ b~ a~U ~or each ea~e~ ~v~l ~cmg ~et (Ci~' ~ [ ~ve ~ ~ copy of n ~ (4) ~e ~ t~eived ~om V~n~ & 5o~ Tmc~g I~, NO~ ~t Mr. Ven~ ~ ~m~ ~ ~ e~o~ o~ ~ b~d ~ ~c~ge on the Pick.Up Mate~ pa~a ~4 ~d ~5. Mt, Ve~ ~~ ~ ~it pflc~ ~ pile [4 M ~ ~ p~t be ~le ~ supply :best ~ a~ ~e ~t p~o ,~la~d on pa~c ofhia bid, ~ on pa~ l~ ~. V~a ~d ~ ~e~t~d ~e wor~K of~ corot ~d m h~ caicat&~ or' ~ ~t pfice~ ~ ~ ~ S.90 ~ ~ ~le for r~ ~p to le ~t p~e for le pimp off.flab T~ w~e m~d ~ ~mS ~ ~ bi o~l w~n he r~l~d h~ pnce~ wc~e ~h ~ive~ P~ o~ CiW A~y'I O~e, Mr. Vet's ~ ~ brc~ do~ of ~ p~e~ r~eived ~ ~ b~ ~ ~ ~ ~ r~ ~ ~lce~ we~ much you ~ve ~y q~ ~ c~ ~ st (~ 61) 243.7 163 Pun:h~iM Mu~$er Cc: Joseph Saffo~e Cie/of Bom C*W m' Boymm Beach SolM Wtute A~tbority City of CA'eeucres THE EFFORT ALWAYS MATTERS FA~ NO, ' ~,61"7426.29S y~~ IZrJcn_g, !nc. Hauling ConstruGtion Materials & Land Clear|n9 ~_~.n.t~l~_5ons .T.~g, Inc. p~_.o: !_~,~.~.,27e co,: ~,,~ 4=~,~ Hl~ii~ ~nst~ion Materials & Land Clearing . B~ Rain. ~Hda 3~33 Pc/ W~9~:60 £~ ~ 'ir~£ 86~/I9S : 'ON >,idj S.~IiI']Ii~ HD8 NOJ. N>,OB JO /,£''J ' Schodab uf Pricinl~ PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT . -.--.'..!~" I .,, "' ".. ,. ,;,,,~ co~ ~.~,,~. ,.~ ,,,,, ~ .. l...tD_ ._'...~_ ,, ~' . '., ,..: !. ",, ,. '3~' ' ." 2. p~tR, r~,i,ock 6,f)tom ,~...'-""-~, :i; .,.. ~" . .. ~. ~ ~ :~14 ~ k~ $...__(.. .tton . , ', / .. 7 Cr~be~ lt, ec)~led C~ncx'de 1.462 cu. yd, $~_tc.. ., - ~.~ / ... IS 4,111 16 I BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2003-31 Opening Date: Thursday, May 29, 2003 BID TITLE: Furnish and/or Delivery of Road Construction Materials - Co.op Bid COMPANY NAME: AUSTIN TUPLER TRUCKING, INC DATE: 4/21/03 NAME/TITLE: GLEN TUPLER, President ADDRESS: 6570 S.W. 47th Court CITY Davie STATE FL ZIP CODE 33314 FEDERAL TAXLD. #: 59 . 1426412 TELEPHONE: ( 954 ) 583-0801 FACSIMILE ( 954 ) 583-0844 *SIGNATURE VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: GLEN TELEPHONE: ( 9 5 4 TUPLER ) 585-o8ol SC]:[]~ OF PRICING BID/f2003-31 PICK-UP MATERIAL F.~TIMATED QUAN'ITr[~ BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITI~. (FOR. YOUR BID TO BE RF, SPONSIVE, UNIT PKICING AND UNIT OF MEASUR,E SHOULD REFLECT THE SAM~ AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS Item ~ PICK-UP PRICE 1. TypeS-IAspb~t 350 tom $ No Bid /ton 2. TypeflA~phalt 3,100 tons $ No Bid /ton 3. TypemA~halt 4,838 tom $ No Bid /ton 4. Cold Patch Asphalt 183 tom $ ~ o B i d /ton 5. RC'g70TacO~ 1,870 gab , $ No Bid /gal 100 5gaLpaib $ No Bid /pail 6. Permanent Cold Patch 265 mm $ No Bi d /ton (Ready Road Repair or equivalent) Permanent Cold Patch 216 pails $ N o B ± d /pail 55 Fo. pails State precise pick-up location' Schedule of Pricing continued next page... 14 Schedule of Pricing Continued... PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT F.~i,~t,.d 0~' I. Crnshed Course Limerock 1,000 tom $ ~. 2 5 /ton 2. Pit Run Shell Rock 630 tons $ No Bid /ton 3. Dr~infield Rock 3/4" 600 tons $ 7.4 0 /ton 4. Best Mason Sand 38 tons $ 9.25 /ton 5. Clean Fill Dirt 100 yards $ 3 · 5 0 /yard 6. Procast Car Bumpers w/pi~ 7. Crushed RocycleA Concrete 220 each $ No B i d /each 1,462 cu. y~ $ N o B i d /cu. yd. S~ prec~e pick-up location: 1. White Rock Quarry, Okeechobee Road & NW 124 Avenue, Miami 2. No Bid 3. White Rock Quarry, Okeechobee Road & NW 124 Avenue, Miami Hardrive Lox, 6.0 miles west of 441 on Lox. Road, Boca or 4. y,llinErnn: 7aR W. McNab Road, Fort Lauderdale 5. White Rock Quarry, Okeechobee Road & NW 124 Avenue, Miami 6. No Bid 7. No Bid Schedule of Pricing Continued next page... 15 Schedul~ of Pricing Continued... DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED !,,tern Estimated Qty DELIVERED PRICE 1. Type S-I Asphalt tons $ N o B ± d /ton 2. Type !I Asphalt tons $ No B± d /ton 3. Typ~IIlAsphalt to~ $ No Bid /mn 4. ~ed (r~cycled) Asphalt tons $ N o B i d /ton GROUP B: ROAD MATERIAL - NON ASPHALT- DELIVERED ~ ~ Qty DELIVERED PRICE 1. Crushed Course Limerock tons $ 1 1.1 5 /ton 2. Pit Run Shell Rock tons $ N o B ± d /ton 3. Drainfleld Rock :A" tons $ l/~./~ 5 /ton 4. Best Mason Sand tons $ 1 5.9 5 /ton 5. Clean Fill Dirt 2,000 yards $ 9. O0 /yard 6. Preca~ Car Bump~ra w/pins 24 each $ N o B i d /ea. 7. Crushed Recycled Concrete 2,500 cu. yd. $ No B i d /cu. yd. Schedule of Pricing continued next page... 16 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASUKE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Dry DELIVERED PRICE 1. Type S-1 Asphalt 250 tons $ N o B ± d /ton 2. Type H Asphalt tons $ N o B i d /~n 3. Type III Asphalt 550 tons $ No Bid /ton 4. Crushed (recycled) Asphalt tons $ N o B ± d /ton 5. Permanent Cold Patch 75 tons $ No B id /ton (Ready Road Repair or equivalent) GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Itetll ~ DELIVI~RED PRICE 1. Crushed Course Limerock 1,450 tons $ 9 · 0 5 /ton 2. Pit Run Shell Rock 750 tons $ ~[ 9 B i d /ton 12 3. Drainfield Rock ~A" 450 tons $ /ton 4. Best Mason Sand 35 tons $ 13.80 /ton 5 Clean Fill Dirt 300 yards $ 7. §0 /yard 6. Precast Car Bumpers w/pins 50 each 7. Crushed Recycled Concrete 1,550 cu. yd. $ No Bid /ea. $ No Bid /cu. ycC Schedule of Pricing continued next page... 17 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOVV) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED UNIT OF Item ~ ~ 1. Type S-1 Asphalt tons $ DELFVEKED PRICE No Bid MEASURE 2. Type H Asphalt tons $ N o Bi d /ton 3. Type m Aspha~ tom $ No Bi d ~on 4. Crushed (recycled) Asphalt tom $ N o B i d /ton GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item ~ DELIVERED PRICE 1. Crushed Course Limerock 1,000 tons $ 9.5 5 /ton 2. Pit Run Shell Rock 4,125 tom $ No Bid tons 3. Drak~eld Rock 'A" 1,050 runs $ 1 2.9 5 /ton 4. Best Mason Sand tons $ 14.3 0 /ton 5. Clean Fill Db't yards $ 7.5 0 /yard 6. Precast Car Bum.nets wipes each $ N o B i d /e~ 7. Crushed Recycled Concrete cu. ycL $ N o B i d /cu. y(L Schedtfle of Pt/ch~g continued nex~ page... 18 Schedule of P~ch~g Con6nue(L. DELIVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT TI~ SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item Estimated Oty DELIVERED PR[CE 1. Type S-1 Asphalt tons $ No B ± d /ton 2. Type B Asphalt 300 mm $ No B±d /ton 3. TypelllAsphalt tom $ No Bid ao~ 4. Cnmhat(recycled)A~ph~t toms $ No Bid /am GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item Estimated ~ DELIVERED PRICE I. Crushed Course Limerock 1,300 tons $ 8.9 0 /ton 2. Pit Run Shell Rock 900 tons $ No B ± d /ton 3. Dmi.field Rock 'A" 50 tons $ 1 2.3 0 /ton 4. Be.~t Mason Sand 310 tons $ 1 3.8 5 /ton 5. Cleaa Fill Dirt yards $ 7.5 0 /yard 6. Preca~ Car Bumpkin w4~m each $ No Bi d /ea, 7. Crushed Recycled Concre~ cu. yd. $ No B i d /cu. ycL 19 Delivery Locations: 1. Solid Wast~ Authority Jog Road, West of Florida Turnpike, and/or Laatana Road, West of Florida Turnpike a) b) c) For questions, please contact Terry Rhea, Purchasing S~or, 561-6404000 ext. 4522. City of Delray Beach a) Within City limits per direction of the City of Delray Beach Conslruction Division (Rafael Ballestero, Deputy Conztruction Manager (561) 243-7297), or Harold Bellinger, S~tpc Streets and Traffic, Public Wori~ Division, (561 ) 243-7338). City of Boynton Beach a) 124 E. Woolbright Road, Boynton Beach Contact person: Jim Hart (561) 7424422 b) 1417 N.W. 4"' Street, Boynton Beach, Contact person: George Montell (561) 742..6200 City of Boca Raton a) Within City limits per direction of the City of Boca Raton Mike Roberts, Slree~ Divizon (561) 416-3360 Blaine Honeycutt, Uffiities (561) 338-7321 City of Green Acres - Pick Up Only 2O STATEMENT OF NO BID N/A Bid # 2003-31 If you are not bidding on this service/commodity, please complete and return this form to: City of Deiray Beach Purchasing Office, 100 NW 1st Avenue, Deiray Beach, FL 33444 or fax to (S61) 243-7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. COMPANY NAME: ADDRESS: TELEPHONE: ( SIGNATURE: DATE: Minority Owned Business: ( )Black ( )Hispanic ( )Woman ( )Other We, the undersigned have declined to bid on your Bid # 2003-31 For: Furnish and/or Delivery of Road Construction Materials Specifications too "t/ght', i.e. geared toward brand or manufacturer only (explain below) ~ Insufficient time to respond to the Invitation to Bid We do not offer th/s product or an equivalent (specify) Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements ~Specifications unclear (explain below) Other (spec/fy below) 22 COMPANY NAME: ADDRESS: REFERENCES - BID/f2003-31 White Rock ~uarries, Inc. P.O. Box 15065, West Palm Beach STATE: FL CONTACT PERSON: PHONE NUMBER: (561) 793-9400 ZIP: 33416 COMPANY NAME: ADDRESS: State Contracting & Eng. Corp. 1295 N. 21st Avenue, Hollywood STATE: FL ZIP: 33020 CONTACT PERSON: Tim Smith PHONE NUMBER: (954) 923-4747 COMPANY NAME: ADDRESS: Hardrives of Delray, Inc. 2350 S. Congress Avenue, Delray Beach STATE: FL ZIP: 33445 CONTACT PERSON: Randy PHONE NUMBER: (.56,1) 583-3431 COMPANY NAME: ADDRESS: M & M Escavating, Inc. 5511 N.W. 22nd Avenue, Fort Lauderdale STATE: F L ZIP: 33309 CONTACT PERSON: R o n Ma r t in PHONE NUMBER: (954) 485-1900 23 I CERTIFICATE OF LIABILITY INSURANCE =-:-1 1 Z,,~caz~e HOLDER. ~ CEKT1FICATE IX)F~ NOT AMEND. EXTENO OR [380 Col~:L& Dz::L.ve, SY.e 100 ALTER THE GOYERAGE AFFORDED 8Y THE P~UCIES BELOW. ' ,,t P~I.~ Bea, e.~ FL 33410 561-683-8383 ]'ix: 561-684-5995 &uat-in Tug)le,c Tzuc]r.J.nq, Zno. M & G F:LL1 65'/0 S.N'. 47t~' Cou.c~: D&v~,e FL 33314 INSURERS AFFORDING COVERAGE u~sus~.~)~ South~cn-Ownl,cl Ina Co ~": B=idgefield ~'~D].o¥i=. Zns Cc i~su~ c: Auto-Owners Ina Co INSURER INSURER NAIC # COVERAGES THE ~ OF ~ LI:~I.I:U ~ELOW HAV~ BF. EN ~ ~ ~ ~ ~ ~ FOR ~ ~ ~U~, ~ ~ C~ ~ ~ C~ ~ O~ ~ ~ ~ TO ~ ~ C~ ~ ~ ~U~ OR ~8. ~ ~ ~ ~Y ~ ~ ~ ~ P~ C~ ~~ ~ ~KE * SO00000 ~e ~ w~ * ~00000 ~&~u~ * ~000000 ~~E~ * 2000000 ~~~~~ ~-~~ ~ ~000000 ~O ~ H~ M~ , 0~ ~C ~0 ~Y: ~~ ~ ~ ~cu~KE s 6000000 C ~ ~ ~~~ 0~211220596425 03/05/03 } 03/0~/04 ~ i ~ 6000000 ~T.T~ ~~ 830-2~149 03/13/03 03/13/04 ~U~H~C~ * 500000 B ~ ~~ ~~~ fc 0~i.~o~f s 500000 ~~~ ~c~i-~ sS00000 pro~s & o~le~ 1 City of DelrlyBeaah 434 S SwanSon Ave Delr&yBeaoh FL 33444 DPJ,~ATB J-,--s L O ACORD COI~"ORAT1ON 1;'_ CERTIFICATE OF INSURANCE The company indicated bel~ certlft~ that the lnsura~e afforded by the policy or policies numbered and described bel~ is in force as of the effective date of this certificate. Thls Certificate of Insura~e d~s not a~nd. extend, or othe~lse alter the Terms and Conditions of Insura~e coverage contained in any policy numbered and described bel~. CERTIFICATE HOLDER: CITY OF DELRAY BEACH 434 S S1WI~ON AVE DELRAY BEACH, FL 33444 INSURED: AUSTIN TUPLER TRUCKING INC AND H&G FILL CORPORATION 6570 ~ 47 COURT DAVIE. FL 33314 ~PE OF INS[~CE LIABILITY Liability and Medlc~ 1 Expose Pers~al and Adverti sing InJ~y Medical Expenses Fire Legal Liabllity [ ] Other Liability POLICY N~BER & ISSUING CO. POLICY EFF. DATE POLICY EXP. DATE LIMITS OF LIABILITY (*LIMITS AT INCEPTION) Any One Occurrence ........ Included in Above - Any One Person or Organization ANY ONE PERSON ........... Any One Fire or Explosi~ G~eral Aggregate* ....... $ Prod/Comp O~s Aggregate* . $ AUTOMOBILE LIABILITY IX] BUSINESS AUTO IX] EX] Hi red [X] Non-O~ed 77-BA-714992-3001 NATI~IDE MUTUAL FIRE INS~CE CO. 07-18-02 07-18-03 Bodily Injury (Each Person) .......... S (Each Accident) ........ Property Oamge (Each Accld~t) ........ $ Combined Single Llmit .... 1.000.000 EXCESS LIABILITY [ ] Umbrella Fora i Each Occurre~e .......... i Prod/Comp Ops/Disease I Aggregate* ............. $ [ 3 Workers' Compensation and [ ] Employers' Liability STATUTORY LIMITS BOOILY INJURY/ACCIDENT ... $ Bodily Injury by Disease EACH EMPLOYEE .......... Bodily Injury by Disease POLICY LIMIT ........... Sh~ld any of the above described policies be car~elled before the expirati~ date. the insurance company will ~deavor to mil 30 days wrltt~ ~tice to the above named certlflc~te holder, but fallu~ to mall such notice shall impose ~ .obligatl~ or liability upon the company, its agars, or representatives. DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS Effective Oate of Certificate: Date Certificate Issued: 07-18-2002 O7-20-2002 Authorized Repres~tatlve: C~nterslgned at: HARK S. HORNE AGENCY 6383 loth Avenue No Ste F Lake Worth. FL 33463 BID SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2003.31 Opening Date: Thursday, May 29, 2003 BID TITLE: Furnish and/or Delivery of Road Construction Materials- Co-op Bid NAME/TITLE: JOHN MORRIS VICE PR~IDENT ADDRESS: 7795 I'IQOPER POAD ZIP CODE FEDERAL TAX I.D. #: TELEPHONE: FA CSIMILE VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: 21 SCI~.~ OF PRICING BID #2003-31 PICK-UP MATERIAL ESTIMATED QUAN'rn'IF~ BASED ON A GRAND TOTAL OF ALL PARTICIPATING ENTITIES. (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNTr OF MEASURE SHOULD REFLE~ THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS 1. Type S-I Asphalt 350 tons $ ,,~' ~' /ton 2. TypenAspl~lt 3,100 tons $,~_"~¢~ /ton 3. Type m Asphalt 4,838 tons $ ,3~ ~ /ton 4. Cold Patch Asphalt 183 tons $ ~ ~-~ /ton 5. RC~0 Tac Oil Permanent Cold Patch (Ready Road Repair or equivalent) Permanent Cold Patch 55 lb. pails 1,870 gals $_~L.~3.~~/gal ~0o 5 r~. p.i~ s to~t~ /p~ 265 ~ $ ~'~ /ton 216 pails $ ~c~"~ /pail State precise pick-up location: Schedule of Pricing continued next page... 14 Schedule of Pricing Continu~cL.. PiCK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT 1. Crushed Course Limerock 1,000 tons 2. Pit Run Shell Rock 630 tons 3. Drninfield Rock 3/4" 600 tons 4. Best Mason Sand 38 tons 5. Clean Fill Dirt 100 yards 6. Precast Car Bumpe~ w/pins 220 each 7. Crushed Recycled Concrem 1,462 cu. yd. $ I~,Ci~t 0! /to. $ ]kllx'~. J /ton State precise pick-up location: Schedule of Pricing Continued next page... 15 Sch~lule of Pricing Contimmd... DELIVERED MATERIAL - SOLID WASTE AUTHORITY (FOR YOUR BID TO BE RF_~PONSIVE, UNIT PRICING AND UNIT OF MEAS~ SHOULD KEFLECT THE SAM~ AS THOSE SPEC]]W~ ~ELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED I. ~ S-I Asphal~ tons 2. Type II Asphalt tom 3. T~ m Asplmlt tom 4. C'rmh~d (r~'ycl~d) Asphalt tom GROUP B: 1. Crushed Course Limerock DELIVEKED PRICE, $ ,~7~'''~ /ton $ k,~'[~'~ /ton s 37~ /to,, $ / ~, ~-'~ /ton 2. Pit Run Shell Rock 3. Drainfield Rock 4. Best Mason Sand 5. Clean Fill Dirt 6. Precast Car Bum~ w/pinn 7. Crushed Recycled Concrete ROAD MATERIAL - NON ASPHALT - DELIVERED ~ DF_,LP/EP. ED PPdC~. tona $~/ton tons $ ~x"[~ d /ton to~ $ ~~ /ton 2,~ y~ $~/y~d / Schedule of Pricing continued next page... 16 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF DELRAY BEACH (FOR. YOUR BID TO BE RESPONSIVE, UN1T PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item ~ DELIVERED PRICE Type S- 1 Asphalt 250 tom $ ~ ff 3,~ /ton 2. Type II Asphalt tons 3. Type [] Aspludt 550 tons 4. Cru~ed (recycled) Asphalt tons 5. Permanent Cold Patch 75 tons $ ~%'~-~ /ton (Rend9, Road Repair or ~lUivalent) GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item 1. Crushed Course Limerock 1,450 tons 2. Pit Run Shell Rock 750 tons 3. Drainfield Rock %" 4. Best Mason Sand 5 Clean Fill Dirt DELIVERED PRICE $_~._~___~/ton $~~.~/ton 450 tons S I~ ~'~ d /ton 35 tons $ ~"~C.~ /ton 300 yards $ ~'~; J /y~d 6. Precast Caz Bmnpers w/pins 7. Crushed Recycled Concrete 1,$50 cu. yd. $ ~l~-~;J /cu. yd. Schedule of Pricing continued next page... 17 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNIT PRICING AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOVV) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item 1. Type S-I Asphalt 2. Type 11 Asphalt DELIVERED PRICF toms $ ,_'it7 ~;~ /ton tons $ ~'~1 /ton 3. type m~ to~ s 13,7'z~- /to., to,,-, s I 'l,r----~'/to~ DELIVERED pRICR 1,000 tons $ [~.~'~3~, t/ /ton 4,125 tons $ ~h~;~ to~ ~,0~o m~ ~ ~ ~ /ton tom $ ~~ /ton c~yt $ ~~ /~. yd. 4. cm~ (r~cl~.~halt GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Item ~ 1. Crushed Course Limerock 2. Pit Run Shell Rock 3. Drainfield Rock 4. Best Mason Sand 5. Clean Fill Din 6. Precast Car Bun~ w/pim 7. Crushed Recycled Concrete Schedule of Pricing continued next page... 18 Schedule of Pricing Continued... DELIVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO BE RF.,S~NS~ UNIT PRICING AND UNIT OF MBAS~ SHOULD REFLECT THE SAME AS THOSE SPECIF--.r) BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED Item ~ DELIVERED PRICE 1. Type S-I Asphalt tons $ ~ c~ (--f' /ton 3. Ty~ m A.~,h~ 4. Crushed GROUP B: Item ROAD MATERIAL - NON ASPHALT - DELIVERED DELIVERED PRICE 1. Crtu~ed Course Lim,ro~k 1,300 tons $ k~"~i~ /ton 2. P~ Rm She. R~k ~ tO~ $ ~it~ /ton 3. ~infield R~k %" 50 to~ $ ~ ~;j /ton 4. B~M~onS~d 310 t~ $ ~'~,~ /ton ~. CI~F~ ~ $ ~X~ /~d 7. C~ed R~ycl~ Con~ ~ y~ $ ~ ~ /cu. y~ 19 Deliver- Locations: o Solid Waste Authority a) t,) c) $o$ Road, West of Florida Ttm~e, and/or Lantana Road, We~t of Florida Turnpike For questions, please contact Terry Rhea, Purchasing Superv~or, 561-640-4000 ext. 4522. City of Delray Beach a) Within City limits per direction of the City of Delray Beach Conslxuction Division (Rafael BaHestero, Deputy ConsUuction Manager (561) 243-7297), or Harold Bellinger, Supt. SWeets and Traffic, Public Works Division, (561) 243-7338). City of Boynton Beach a) 124 E. Woolbright Road, Boynton Beach Contact person: Jim Hart (561) 742-6422 b) 1417 N.W. 4" Street, Boynton Beach, Contact person: George MonteH (561) 742-6200 City of Boca Raton a) Within City lim~ per ~on of the City of Boca Raton Mike Roberts, Streets Divison (561) 416-3360 Blaine Honeycutt, Utilities (561) 338-7321 City of Green Acres - Pick Up Only 20 oADS IRPORT$ o~MERCIAL liar, ~k~ida mom: {~05~ 889-0700 ~: (3O5) ~a~ (56~) 7904073 Veto 5'100 ~ Court Veto Beach, FL 3Lx;67 phone: (.561) 770-377'1 ~--~ C561) 770-3707 Ii~c.a-~ Numt~: CG C011475 1 .) Broward county Engineering Department Mr. Darwin Townsend, P.E. (,954) 357-6280 2.) Dade county Department of Public Works 111 NW 1" Street Miami, Florida 33128 Pedro HemandeZ Acting Director of Public Works 3.) Palm Beach county Engineering Department 301 N. Olive Avenue West Patm Beach, Florida 33402 George Webb county Engineer (561) 355-2006 4.) Florida Department of Transportation 1000 NW 111 Avenue Miami, Florida 33172 Gus Pego of operations District Director (,305) 499-237O 5.) Florida Department o! TranSportation 3400 West commercial Blvd. Ft. Lauderdate, Florida 33309 MrS. jennifer OlSOn, P .E. Dis~ct Construction Engineer (954) 777-4130 BID SIGNATURE FORM * PLEASE AFFIX 81GNATURE WHERE INDICATED (FAILURE TO DO 80 ~,L&LL. BE CAUSE FOR REJECTION OF YOUR F'ROPO~AL) B/D ~.- 2003-31 T~, ~HONF_' ( FACSIMILE CONTACT NAME: TELEPHONE: REPRESE~ATIVE FOR PL~EMENT OF ORDER: 21 PICKAJP MATERIAL EgTIMATED (~AHTI'ilE3 BASED ON A G~26) TOTAL 0~ ALL PAItTIC~ATING EN'ZTr/E3. (TOil. YOUI~ BID TO Big, P~N3WE, UNrT IqUCING AND UNIT C~ MF..A~UP, E SIK){,q,D ~ THE GROUP A: ROAD MATERRL$ - ASP~TS 3. 'Z~LU.,,qdmJ 4,U8 tons 4. ColdPlIcJtAsldtaR 183 m 265 mm S /tm Pertain Cold Pith 216 paib S /pail ~S5 Ih. p,ib 14 PICK-UP MATERIAL GROUP B: ROAD MATERIAL - NON ASPHALT 1. Crushed Course Limerock 1,000 tom 63O tom 2. Pit Ran ~ Rock 3. Dmia~eld Rock 3/4" 5. Clean Fill Dirt loo ~ 6. ~ Car Bumpers w/pim 22O e~ch 7. Crushed Recycled Concrete 1,462 cu. yd. Schedule of Pricin~ Continued next page... 15 DELIVERED MATERIAL - SOUD WASTE AUTHORITY YOUR BID TO BE RF~PONSIVE. UNIT PRICI~O AND UNIT OF MEASUB~ SHOULD REFLECT SAM~ AS 11*lOSE S~EOlqED BELOW) GROUP Ac ROAD MATERIALS - ASPHALTS - DELIVERED 2. Tyro n ~.~ ~ s 3. Type m ~l~ mm S 4. cnm~ (~) .,~q~ t=m s GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED s. C~aFmDm 2~00 y~U s 6. Prcce~C.~raunpeuw~bs 24 uch s 7. Cn~M~d R~'ycled ~ PRICE 16 DEUVERED MATERIAL - CITY OF DELRAY BEACH (FOR YOUR BID TO BB. RP.,SPON~ UNTT PRICDJG AND UNIT OF MBw~'tJI~ SHOULD REFLECT GROUP A: ROAD MATERIAL~ - ASPHALTS - DELIVERED 2. Type 11Asilb~ telm 3. TypeiH~ 550 Wna $ 4. c~ (r~:~0 ~ toss S 5. PmnanentC, oldPat~.h 75 tons GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED I. ~ Course Ltmemck !,450 tons 2. Pit Run Shell Pock 7~0 toes 3. Dmiane~ Rock %" 450 toms 4. BestManoEtSand 35 tons 5 Clean Fill Dirt 3OO yaldS 6. PrecastC..arnunq~nw/~ 50 md& 7. ~RecycledCEmae~ !,5~0 cu. yd. 17 DELIVERED MATERIAL - CITY OF BOYNTON BEACH (FOR YOUR BID TO BE RESPONSIVE, UNff PRICING AND UNIT OF SHOULD REFLECT THE SAME AS THOSE SPECIFIED BELOW) GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED MEASURE ~. 'rypeS-IAsphtr tons $ ~-;),/;~ non 2. ~,~e U Asph~ tom $ /tm 4. Crmh~d (meyekd) ~ tern $ ' /tm I GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED Dm.Wl~l~ PRIC~ 2. Pit Rrm Shell Rock 4,125 tons 3. DminfieM Rock %" 1,0~) tom 5. Clean Fill Dirt 6. PFecast Cst ~ w/pim each 7. Crushed Recycl~i ~ $ ~)' ~'~ /c~yd. Schedule of Pricin~ continued next l~e... 18 DELIVERED MATERIAL - CITY OF BOCA RATON (FOR YOUR BID TO Bi~ RF~IPkONSIVE, uNrr PRICING AND UNIT OF MEASURE SHOULD REFLECf THE SAME AS THOSE SPECIFm~ BELO~ GROUP A: ROAD MATERIALS - ASPHALTS - DELIVERED I~. Type S=I Asphnlt 2. Typ~ n ~ ~. Type m ~t 4. Cmahed (~led) Asplmlt GROUP B: ROAD MATERIAL - NON ASPHALT - DELIVERED DELIVERED PRICE i. C~ Course Limerock 1,300 tom $ 5. Clean Fill Dirt 6. Preca~t Car Bam~em w/pim /tea cu. yd. S ~' / leu. yd. 19 STATEMENT OF NO BID Bid tB 2003-31 ir you are ao~ biddbg oa tab service/commodity, please complete nd return this form to: City of l)eiray Belch l)urchfmin~ Office, 100 ~ 1st Avenue, DeiFay Be&Db, FL 33444 or fax to (S61) 243-7166. F~ihr~ to respond my result in ddedou or vendor's mime from the qualified bidder's list for the Cit~ !orDdn? bell , , , COMPANY NAME: ADDR~S: TEI22HONF~ ( SICrNA~: DATB: Mhx)dty Owned Businm: ( )Bhck ( )l-Iispuic ( )Womu ( )Other (spec~) We, th~ und~sisn~d have declined tv bid on your Bid # 2003-31 For: Furnish and/or Delivery of Romt Construction lVhterhis ${x~ificafions ux) ~dsJ~, i.e. gem'ed toward brand or manufacun'er ouly (explain b~low) Inlal~ci~lt time tO respolld to the Invitation to Bid We do not offer this product or au equivale~ , .Our product ~hed~le would not permit us to perform Unable to meet specifications Unabl~ m meet bond mquimn~u ~,Spedfie~lioas unelem (expisin below) od~ (spec~ below) COMPANY NAME: ~ CONTACT PERSON: PHONE NUMBER: COMPANY NAME: ADDRESS: STATE: ZIP:. CONTACT PERSON: ! ~7 ~/~ ~ ..~ , CiTY OF DEl..RAY BEACH OCCUPATIONAL LICENS~ ; NFW LIF.., ~:N SE NO F~FNFWAL ~ OWNER t)A it- LICENSE FFF b'ENTUR&m F- ii ILl, NDO LOCATION & SOI~S TRUCK ¥[NTUqA. F~#NAN00 ~OCA ~AT0V F~ !S&$5 O~_LtNOU['NT Ct LICENSE ISSUED FOR THE PERt~ ~T ~ ~N~~LY ~YED ~T ~ AND March 18, 2003 Certification Date: 03/! 8/2003 - 03/18/2006 Ii SERVICES: Trucking/Heavy Hauling Ventura & Sons Trucking. Inc 8329-D Trent Court Boca Raton. FL 33433 Attn: Fernando Ventura The Pahn Beach County Off'icc or' Smalb%linority, Women Business Assistance has completed its review of the documents you submitted and is pleased to announce that your firm has been certified as a Minority Business Enterpri~ (MBE) for three ¢3) years. Your firm shall be subject Purchasing Ordinance and transaction or'business. to the provisions or' the Palm Beach County all State and Federal laws relating to the This certification entitles you to participate in contracting opportunities when the products and sen'ices offered by your firm are being considered for bid .as an additional sen'ice to your tirm. you will be included in the Palm Beach Count.',' DirectoR' ofcertitied .~L,'WBE tirms, if.you ~'ish to have ,,'our firm's listing changed, please contact our office at (561 ) 616-6840. Your company's certitication is subject to periodic review to veri~' your continued eligibility. You are required to noti~ us it'at an.,,' time the minority status of' your firm changes. Failure to report changes in the status of your firm max' result in your firm bein.~ decertified P-~tricia M. Wilhelm Certsncauo, Specialist J[m mllll4ml h'm m m MmJ mi? =Im J li~ m ' _ Y, / ,.. ~ ~.~ Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 V.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfimshed Business RECOMMENDATION: A motion to award the bid for "ANNUAL SUPPLY OF FRONT LOAD CONTAINERS" BID#070-2510-03/CJD to FLORIDA CAN, INC. of Mulberry, Florida in the amount of $20,000.00. CONTRACT PERIOD: AUGUST 20, 2003 TO AUGUST 19, 2004 EXPLANATION: On July 1, 2003, Procurement Services received and opened (2) proposals for the above mentioned bid. After review and evaluation, it has been determined to recommend award of this bid to Florida Can, Inc. of Mulberry, Florida whose bid was the over all lowest, most responsive, responsible bidder who meets all specifications. Larry Quinn, Solid Waste Manager concurs with this recommendation. (See attached memo #03-110). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices__subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of tl~it~.~ PROGRAM IMPACT: The purpose of this bid is to establish an annual fixed price for the purchase of~fro~i,_~.d containers to be used throughout the City for commercial/multi-residential accounts for the use of refuse co-rfecti.~i~,. ;~ FISCAL IMPACT: BUDGET ACCOUNT#: ESTIMATED EXPENDITURJ~ ~ ~ 431-2515-534-64.19 $20,000.00 -. ~ cx~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:XBULLETINWORMSLa. GENDA ITEM REQUEST FORM.DOC C: Larry Quinn - Solid Waste Manager File DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-1 10 RECEIVEI JUL 2 3 2003 ~,~ocu~~v,c~s TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director / Procurement Jeffrey Livergood, Public Works Director ,2~/-- Christine Roberts, Assistant Public Works Director~A0~. Larry Quinn, Solid Waste Manager July 21, 2003 Annual Supply of Plastic Front Load Containers Bid #070-2510-03/CJD I have reviewed the tabulation sheets attached on the above referenced bid and recommend the bid be awarded to the apparent low bidder, "Florida Can Inc". The budget account number is 431-2515-534-64.19 in the amount of $20,000. Should you need any additional infonn~Ext. 6206. LQ/dc ' ~~ Attachments Copy: PW Files 555 ~z~ 0 0 Z 0 Z Z rn FLOI tC)A Anthony Martorana 863-869-9339 Fax: 863-869-8566 Web: floridacan ! .corn FL Toll Free: 1-866-FLA-CANS Manufacturers of Complete Ref~e Har~/ng £qu/prnen= 600 North Prairie Industrial Park~vay ,, A4u;berr~, F~or~da ~.3660 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: June 9, 2003 Bid Title: ANNUAL SUPPLY OF PLASTIC FRONT LOAD CONTAINERS Bid Number: 070-2510-03/CJD Bid Received By: JULY 1, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JULY 1, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Florida Can, Inc, Federal I.D. Number: 5 9- 3 4 3 0 4 9 4 A Corporation of the State of: Florida Area Code: 863 Telephone Number: 8 6 9- 9 3 3 9 Area Code: 863 FAX Number: 869-8566 Mailing Address: City/State/Zip: Vendor Mailing Date: Mulberry, FL 33860 6/23/03 Auth~"~dUSig~ature An~_hony Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date ~ ./? 3 / 0 3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of equipment called for. When submitting more than one bid proposal price for this equipment, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the equipment in accordance with the specifications for the sum off ANNUAL SUPPLY OF PLASTIC FRONT LOAD CONTAINER~,. A. PLASTIC CONTAINERS: ESTIMATED 20 SIZE, 2 C.Y. UNIT PRICE $ 398. 20 4 C.Y. $~ $ EXTENDED AMOI~T TOTAL EXTENDED AMOUNT: $ 7; o 6 o _ n o .. ALTERNATE SIZES AND PRICES ADDITIONAL SIZES: C.Y. C.Y. $ C.Y. $ UNIT PRICE $ N/A ALL PRICES F.O.B. BOYNTON BEACH THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 It is further agreed that the product/service will be delivered/completed within ... days from the date of the Purchase Order from the City. Number of Bid Proposals submitted Specification "check off" sheets submitted Yes/No Product Literature submitted yes Yes/No Certified engineering drawing by the manufacturer's engineering department indicating dimensions, gauges, designation of reinforcement and weight of each size container submitted No Yes/No 3 0 calendar Color chart submitted Bidders warranty submitted Yes/No Yes/No F]~rid~ Can_ Thc MANUFACTURER Florida Can, Inc COMPANY NAME (-8-6.3-) 869-9339 TELEPHONE NUMBER FC~PC2 { //t~./ I~ODEL Anthony Martorana PRINTED NAME President TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 SPECIFICATIONS FOR ANNUAL SUPPLY OF PLASTIC FRONT LOAD CONTAINERS Scope of Work: The City's intent is to establish an annual fixed price for the purchase of Plastic Containers to be used throughout the City of Boynton Beach for commercial/multi- residential accounts for the use of refuse collection. Estimated Quantity is: 40 Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. I. PLASTIC CONTAINERS PLASTIC CONTAINER DESIGN: ¥ 1. All containers shall be made of a durable plastic product and able to support 500 lbs. per cubic yard. × 2. All containers shall have at a minimum 3/16" metal front bumper plates, side pockets, top rails and caster channels. X 3. Water tight with a minimum 1 1/:,, drain plug flush with bottom of container. X 4. All containers to be designed to be serviced by any standard commercial front loader. X 5. Containers to be assembled with stainless steel fasteners. x 6. All steel parts should be primed to 1.5 mil and painted to 1.5 mil. x 7. Bidders shall submit a list of all colors available. X 8. All bid prices shall include casters. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED ....... SIZES: × 1. No mid 2. X 3. The overall loading height of containers (shall not exceed): 49 inches for a 2 yard container with casters. 54 inches for a 4 yard container with casters. Bidder to submit a list of all other sizes available along with a unit cost. ACCESSORIES: x 1. Lids shall be made of plastic, black in color, no less than 3 hinge points per lid section. × 2. Constructed as to automatically close the top lids of containers when employing the lifting arms without necessitating the operator to leave the cab of the truck. X 3. External deep "V" plates at pickup points. II. SPECIAL CONDITIONS x 1. Certified engineering drawing by the manufacturer's engineering department indicating dimensions, gauges, designation of reinforcement and weight of each size container shall be included with the bid. X 2. Containers will be ordered as needed. x 3. Bidders warranty will accompany all bids submitted. X 4. Bid price is to be firm for a period of twelve (12) months from date of awarding of bid. X 5. The Deputy Director of Financial Services may renew the contract, at the same terms, conditions, and prices, for one (1) year subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. X 6. All prices to be quoted F.O.B. Boynton Beach, Florida. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SIZES AND DESCRIPTION OF CONTAINERS I. PLASTIC CONTAINERS: ESTIMATED QUANTITY 20 20 SIZE AS NEEDED 2 C.Y. 4 C.Y. COLOR/SPECIAL FEATURES Green - Black Plastic Lids Green - Black Plastic Lids THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a corn gift, directly or indirectly by me or any member of my firm or bi~// M~C~~ By: NA Sworn and subscribed before me this ~,tp~ day of_J CCe-e.. ,20 o~ tffiission, kickback, reward of cer of the corporation. GNATURE Printed Information: NOTARY PUBLIC, State of Florida at Large Anthony Martnrana NAME President TITLE Florida Cant Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that t\~lY with the above requirements. ~Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 INDEPENDENT CONTAINER MANUFACTURERS ALLIANCE 2413 W. Algonquin Rd. #201 Algonquin, IL 60102 Ph (847) 428-1087 Fax (847) 426-3832 New 2 Yard Container! Driver friendly, steel-framed, plastic, 2 yard container Reinforced with a tough steel frame to assure longevity. Holds more than 1, 000 lbs of trash. Features Plastic/Steel Assembly Plastic Tub with UV Protection 100%. ~rg. in Material Plastic Ltds Drain Plug Benefits Steel frame protects plastic tub Can be repaired in the field Eliminates bowing for easy dumping Lightweight, easy for the driver to maneuver Replaceable Never needs paint Bottom will not rust through Chemical Resistant Ideal for salt air environments Increases lid life for all weather conditions Easy cleaning and draining Year Warranty www.icmaonline.com V.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admmistrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Request for change order to Consultant Agreement for Rewriting of Land DevelopmenV2 Regulations to increase total project cost by $56,000 (including $5,500 for contingencies), to include additional s?ice~ included in the current contract, and to extend the contract by an additional 12 months to allow for the completionVOf the project by The RMPK Group, Inc.. Staff recommends that these change orders be approved to ensure the final product is completed in a quality and thorough manner, within the modified time period of 2 fiscal periods. EXPLANATION: On September 17, 2002 the City Commission awarded the Request for Proposal for "Rewriting of Land Development Regulations for the City of Boynton Beach" bid #065-2414--02/KR to the RMPK Group, Inc. in the amount of $70,000. Although the contract for services with The RMPK Group, Inc. was originally intended to cover the entire project, upon commencing the project, it was quickly determined by The RMPK Group that the project was more extensive than anticipated, greater time should be spent on data collection including public input, that project costs would exceed $70,000, and recently finalized a list of additional tasks necessary to complete the project originally intended for completion within one year. See attached letter faxed from The RMPK Group, Inc. dated July 31, 2003 for a description of the additional tasks to be completed if approved. In addition to these tasks, the consultant will also evaluate the landscaping regulations to update the procedural information and incorporate same appropriately into the section devoted to "Administration and Enforcement". PROGRAM IMPACT: Approval of request will ensure timely completion of LDR rewrite and attainment of objectives related to Department operation and strategic initiative recommendations. FISCAL IMPACT: No impact as adequate funds are immediately available from the account Other Contractual Services without jeopardizing funding for other approved projects. ALTERNATIVES: Not approve agreement changes delaying completio~ · - De~,~opm~nt Department Director City Manager's Signature Planning and ~omng ~l~e~t~r City Attorney / Finance / Human Resources S:~PlanningLRumpt~genda Item Request Form - LDR agreement mod.dot S:~BULLETINLI:ORMSX~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYN-TON BEACH AND THE RMPK GROUP, TO INCLUDE ADDITIONAL SERVICES FOR THE REWRITING OF THE LAND DEVELOPMENT REGULATIONS, BASED ON BID #065-2414-0/KR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission upon recommendation from staff, deems it appropriate to approve the change order for the Consultant Agreement for the Rewriting >f Land Development Regulations, contract #065-2414-02/KR, between the City and The ~VIPK Group, to include additional services not included in the original contract and a twelve (12) month extension for completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager and City Clerk to approve the Contract Agreement between the City of Boynton Beach and The RMPK Group, to include additional services for the Rewriting of the Land Development Regulations, in the amount of $56,000 and providing for a twelve (12) month extension of time to complete the project, based on Bid #065-2414-02/KR. Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESO~Agreements\Change Orders\RMPK Group Change Order.doc PASSED AND ADOPTED this day of August, 2003. CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor 'EST: City Clerk (Corporate Seal) Commissioner Commissioner Commissioner S:\CA\RESO~Agreements\Change Orders\RMPK Group Change Order.doc Ad,;, 1, 2003 1'35PM No,37!9 RMPK GROUP July 31, 2003 Mr, Michael Rumpf City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr. Rumpf: ' At your request, the followir) 3 delineates the additional septic es -equimc' to complete the rewriting of the Land Development Regulatior~s Additional Services to be P4.~rformed: Additional public inv(4vement meeting.,l bey)nd tile (~ri 3i q ~1 co,~t'~.~ct: · CRA · Neighborhoo¢ :~ · Developers · Planners · Agencies The creation of an entlmly new zoning system, ,~ (PftD) Planned Redevelopment District to expand the ;.'onirg opportunities far be.yon ~ th~ traditional zoning sy.'~Iem. m Utilization of the Mo(lei La~d Developr,lent Cod,e. U s{: of this stl~.lctu 'e requires rewriting of ~he entire code in.,~tead o'f rewritin ;I o~ the in:;ivid'~al sections as originall}' contracted for. Incorporation of legal review and final draft codificatiml, which w~s n(~t a part of the odginal s(:3pe of services. I016 Ck :~on3 Strt, et, $~t~te 406 - ~,piter, ltl · 33477 Ph: 561-745-2. Ol · FY..: 561-746-3380 * [mpk~rmpiqgmul).[ or ~ A,~;, 1, 2003 No ,3779 Page Two Mr. Michael Rumpf July 31,2003 5. Meeting scheduling ~nd notification services. The.se were ori!;iin~lly '.o done by Lucia Gulav; however, her de,.3artL~re mquire(I u;~ to (~e~ ~.lop t~s task. ! If you have any questions, please let me know. T~nk yo~. Sincerely, Russell Moore Principal V.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Tumed in to CiW Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon~.. August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noo September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon')'"' ~ A~s~afive ~ Legal ~ ~o~cement ~ New Business ~ CiW Manager's Repo~ ~ Presentation ~ Consent Agenda ~ Public Heamg ~ Code co~liance/Legal SeRlements ~ U~shed Business RECOMMENDATION: Staff recommends Adoption of Resolution R granting the Commission to authorize the execution and payment of the annual service agreement between Motorola and The City Of Boynton Beach. EXPLANATION: N/A PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: with no service or maintenance· Communications Failure to pay the maintenance agreement will leave the City Of Boynton Beach radio system Department Name City Manager's Signature City Attorn~uman Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CTI'Y COMMISSION OF THE CTTY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE cTrY MANAGER TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CTI'Y 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 $74,225.86; AND PROVIDING AN EFFECTTVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 'ecommendation 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 COMMXSSXON OF THE CITY OF BOYNTON BEACH`, FLORIDA`, THAT: .~,~"tion 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute an Service Agreement between the City of Boynton Beach and Motorola, Inc., a copy of said agreement is attached hereto as !xhibit "A." This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2003. CTI'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Corporate Seal) ,~\reso'¥agreeme~ts\Moton:lia MHz 081903 Attn: National Service Support 1307 East Algonquin Road Scl~aumburg, IL 60196 (800) 247-2346 vet. 4.6 Date: 418/2003 SERVICE AGREEMENT Agreement Order #: 0555013280600 Supersedes Agreement #(s) ' 315002782 Company Name: City of Boynton Beach Attn: Billing Address: 100 E Boynton Beach Blvd City, State, Zip: 8oynton Beach, FL 33425 Customer Contact: Phyliss Dixon Phone: 561-742-6032 Fax: 561-742-6039 Required P.O.: No Customer #: 1000303040 Bill to Tag #: 0001 Contract Start Date: 10/01/2003 Contract End Date: Anniversary Date: 10/01/2004 Payment Cycle: Quarterly Tax Exempt: Yes PO#: Qty Model/Option Description SVC01SVC1102 SVC01SVC1104 SVC01SVC 1103 SVC01SVC1220 i SVC01SVC1423 SVC01SVC1101 SVC01SVC1413 SVC02SVC0001 SVC02SVC0003 i Total Services: Dispatch Service Technical Support Service Network Monitorfng Service 'Radio Repair Service Local Radio Support Service 'Infrastructure Repair With Advanced Replacement Service ' OnSite Infrastructure Response Service - Premier Option SP. Microwave Services SP - Software Subscription Agreement Monthly Ext Extended $ 6,185.49 $ 74,225.86 SPECIAL INSTRUCTIONS - *~r^cH ST^'~ME,T O~ WOrK FO. PERFORMN~ICE OESCRIPTION$ SUBTOTAL- RECURRING SERVICES $ 6.185.,~9' S ~-7-4,22~.8~ SUBTOTAL - ONE-TIME EVENT SERVICES TOTAL $ 6,185.49 $ 74,225.86 See attached list for equipment covered. TAXES $ $ GRAND TOTAL $ 6,185.49: $ 74,225.86 THIS sERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS. TO RE VERIFIEO BY MOTOROLA / [] I received Statement~ d Work that desc~be the se~ico~ provided on this Agreement. SUBCONTRACTOR(S) CITY STATE Mofomla - System Support Center Schaumburg IL Mofmol&. RoctdorcI-BRANDED Roc~forct , IL SUBSCRIBERS(CL723) , Moexola - Team One Ft. Laucler~ale =FL POOL POOL POOL [] Motorola Setvico Terms & Conditions. a copy of which is attached to this Setvico ,~, ,r~lent. is inco.rporated~l~rein by this I'efer~flca. __,, _ . ^UT.C ,ZED CUSTOMER S,GNA URE [ Phyli~.~on '¢'STOI~R (PRINT NAMJE) ~ I / tv~.T~"~ E~ R ES ENTATIVE (SIGNATURE) TITLE Cindee Smith 954-717-4886 DATE DATE 954-676-9976 MOTOROLA REPRESENTATIVE (PRINT NAME) SPC 4.6 PHONE FAX Release Date: 9/30/02 Customer: Boynton Beach, City of Effective: 10/1/2003 Qty 5 4 8 5 1 46 217 97 239 1 Equipment Description Quantar Repeaters Centracom Gold Elite Consoles Control Stations RCH Digital Remote Moscad (1 PC, 1 Laptop, 1 RTU) Astro Spectra Mobiles LTS2000 LCS2000 XTS3000 Microwave System System Description Prime Site Dispatch Center Channels ./ S~rvice T~'ms and ,m~nnninn m fu-h m p~mis m. impkmmt d~ em~ p~n. dun m e injsHd PraY_, ' .addmm I m~m m~n (,f mmmmn m d~ MMdtin~ {mtT- .... · . ~~ bw. ~ m ~ ~of~ ~ ~ ~12) ~ofS~ ~ ~ ~ A~ ~GH THE PARTIES AC~E ~E ~ OF SUCH L~S~S OR D~A~ T~ AGUE ~T TO ~ FU~ ~ENT ~ ~~ L~; INCONVENIENCE; LOSS OF US~ ~M~ DAT~ ~ W~ ~U~ PROFITS OR SAVINg; OR OT~ ~C~ INCiD~ ~, OR ~~ D~S ~ ~ WAY ~D TO ~ ~ FROM ~IS A~- ~ dh~ ~~1)~ ~a~ ~ n~of~ ~ ~ of ~11 ~&USi~T~DCON DITIONS !~ ~~m~A~~~i~ ~of~ ~ ~p~y ~TiON~ONFI~~I~!-I~ ~ ~ ~ m C~ ~ ~i A~ mil mm M~h's ~, mil ~ dm m ~ ~ ~ ~ ~ mf~ 0r ~m ~ ~~ 13~ ~ ~ a~ m ~ no ~ F~TM ~ ~ b~ ~ ~ 14 F~ ~C~ ~D ~H~ AUTHO ~TIONS ~~ C~ ~ a~ o~ f~L sm~ ~ i~ai ~t ~ ~ f~ ~ !~ COVerT N~ TO ~OY ~ ~ ~ of thh A~mt ~ ~mg f~ a ~ o~ ~ (2) ~ ~. C~ ~ m ~ mp~ ~ ~ ~ltit ~ ~p~t ot ~ ~ ~p~t to a~ ~i~ ~ ~ ~ ~ of M~ ~ iu s~ m~t the ~ ~ ~ of ~H~illm~ it ~ m cm~'s ~ ~c~k ~ I~ ~ ~ M~ at ~ ~ ~t ~ ~1~ GENE~TE~ . · !~.1. lf~~~°f~k ~~f~ ~~ 17~ ~mt~p~ ~°f~ll~~m ~~ ~of~ Sm~m~b ~ S~ ~~- 1~.4. ~~l~f~ ~of~~~~u 17~. ~mY~ ~ ~ ~ ~i~ ~ ~ su~ ~ofi~ ~~isA~C AD~T~N~ ONE (I) Y~ ~ ON I?~ ~ A~ W~ ~EW, FOR ~ ~y ~iV~WY ~ T~ ST~T DA~ UNL~ ~ ~ ~V~ PAGE ~y ~A~S A ~RM~A~ DA~ OR ONE P~ NOTIFI~ ~ ~ER IN W~G OF I~ ~T~N TO D~T~UE ~ AG~T NOT ~S ~ ~ (~) DAYS OF T~T ~NIV~Y DATE. At ~ ~ ~ Mo~n ~ MM~of~ ~tow~m~- I?.?. · Wk ~ ~ aM ~ ~a~ or ~p~ of ~ ~ ~ ~ ~ ~ m eff~ at ~ ~ ~ t~ t~m~ ~ ~m ~11 a~ m ~ ~ ~ ~ ~ to ~ f~ s~ ~ ~ a ~e ~ ~ ~ at M~h's t~ eff~ Terms and Conclitions ~ R~v. 8/'21/02 (C~A tomu~tml) MOTOROLA Statement of Work Dispatch Service 1.0 Description of Services The Call Center Operation (CCO) at Motorola's SSC provides Continuously a central point of contact for technical customer service requests. The CCO is staffed with customer support representatives who will coordinate the appropriate service response and resources. Service requests are tracked and monitored from creation to close through an electronic Case process. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this Statement of Work and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1. Continuously receive technical service requests from Customer or Motorola via telephone. 2.2. Open a Case and gather information from Customer to perform the following: 2.2.1. Characterize the issue 2.2.2. Determine a plan of action 2.2.3. Assign and track the Case to resolution. 2.3. Dispatch a Servicer as required by standard procedures and provide necessary, Case information collected in section 3.2 2.4. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair verification preference as set forth in section 3.1. If verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.5. Ensure the required personnel have access to Customer information as needed. 2.6. Escalate the Case to the appropriate party upon expiration ora Response time. 2.7. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.8. Notify Customer of Case status via pager or email at the following Case levels as determined in section 3.1: 2.8.1. Open and Close; or 2.8.2. Open, Assigned, Arrival, Deferred, Closed. 2.9. Provide periodic activity reports to Customer. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with the following pre-defined information prior to service Start Date: 3.1.1. Case notification preferences 3.1.2. Repair verification preference 3.2. Call the SSC provide the following information to the customer support representative: 3.2.1. Assigned System ID number 3.2.2. Problem description and site location 3.2.3. Other pertinent information for Motorola to open a Case. 3.3. yerify with the SSC that Restoration is complete or System is functional, if required by Customer's repair ~erification preference stated in section 3.1. 3.4. Complete and submit all required database and escalation procedure forms to be entered and stored at the System Support Center. 3.5. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Dispatch Service to Customer. Statement of Work Technical Support Service 1.0 Description of Services The Technical Support Opera, on at Motomla's SSC provides to Customer's technical staff centralized remote telephone support for technical issues thai requ~e a high lewl of comml~licatiOllS syst~ ex'p~ or Iroubleshooting on the Equipme~ The Tecimical Support ~on is staffed with technologists who special~ m the flist~is and resolulion of system perfmlnancg issues. Technical Support Service (i) shnil not inclndc software upgrm~ that may be required for issm ruolulion; and (ii) is only available for those system types supported and approved by T~imical Support Operations, and (iii) is not available to provid~ Customer trmning via ~ telcl~one. Technical Support is applicable to the following syslem types: SmanZonc v2.0.3 and higher, SmanZone~OmmLink, E911, Priva~ Dam v2.0.3 ami higher, and SmartNct. The following equipmcm is not supported by Technical Support: Micor, DeskTrac P, epea~ Model ~K,35SUM7000, MSF 5000 Anraog, NC'P, and Darcom. The terms and condigons of this Staiemeni of Work (SOW) are an inlegral pan of the Motorola Semce Agr~.me~ or other applicable ~ to which it is allached and made a pan thereof by this reference, ff there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Ag~:ement, the p~ovisions of the Ag~eme~ sJmll prewdiL 2.0 Motorola has the following respo~: 2.1. Pmvid~ Technical Support Opa~on availability for all Severity One issues Cominuously. 2.2. Respond to reqm~ for the Restorati~ of failed Sy~ms and to diagnose operation-affecting problems m accordance with the Response times defia~ in Table B and Severity Levels defined in Table C in Appendix I at the ba~ at'this ~ of Work. 2.3. Advise caller with pmcedu~ for ~ any addifianal requimmems for issue charactelizalion, Restoration, or known fix for issm r~olmi~ 2.4. Attempi~o~ea~c~ssto Sysl~mforremo~~cs, if possible. 2.5. AS ~ coordin~ with the Servicer or Cuslmma'in tbe field until close of the Case. 2.6. Cooniimteteclmical~with~~~~vendor(s), asneedecL 2.$. Pmvi~ a fo~l lX~t for any Sy~mic ~ ~i m~ tho Systemic issue to resolmion- 2. I0. Provide nm~ol~ ~isUmce, if n~ied M iml~ll an ~ Relense provided PUrsuant to the Sol,are S~on Agr~me~ 2.11. Provid~ Configarafion ~c~e Support ami Work Flow changes to Systems that have dial in capability. / 3.0 Customer has the following respomibil~'es: 3.1. Complete and submit all required ~ ami escalation pmc~lure forms to be entered and stored at the System Support ~ l~ior to S~an Da~. 3.2. Submit c-h~m~es in any inform~on SUl~lied in the above documems to the Customer Support Manager prior to tl~ change t~lclng effecL 3.3. Contact the System Support Center in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.4. Supply on-site presence when requested by System Support Center. 3.5. Validate issue resolution prior to close of the Case. 3.6. Allow Motorola remote access to the System. 3.7. Cooperate with Motorola and perform all acts thnt are reasonable or necessary to enable Motorola to provide the Technical Support services to Customer. 3.8. Acknowledge that Cases will be bandied in accordance with the times and priorities as defined in Table B and C in Appendix I at the back of this SOW. TABLE B - Remote Technical Support Response Times SEVERITY RESPONSE Sever/t}, 1 Wiflfin 1 Hour from rec~p~ of notification Sevefit~ 2* Wiflfin 4 Hours from receip~ of notification Severity 3* Within next Business Day *Standard Business Days TABLE C-Severity Definitions Severity Level Severity I Severity 2 Severity 3 Problem Types Major system failure 33% of System down 33% of Site ehnnnels down Site Environment Alarms (smoke, access, temp, AC Power) Response is piovided Continuously. Si~onificant System I~ent Response during Standard Business Day Pans Que~ons Upgrades Intermittent problems System problems presently being monitored Operational and inform~io~i questions Configuration Change Support nn,t Work Flow precedur~ questions Response durm~ Standard B,,~,,ess Day. Technical Support Service Approved by Motorola Contracts & Compliance 04/09/02 Page 2 of 2 Statement of Work MOI'OROI. A Network Monitoring Service 1.0 Description of Services Network Monitoring Service electronically monitom specific elements of the System for Events. When an Event is detected, it is forwarded to the Motorola System Support Center using system specific monitoring tools. The System Support Center is staffed with trained technologists, who acknowledge the Event. mn available diagnostic routines, and initiate an appropriate response. Network Monitoring Service is applicable to the following system types: SmartZone, SmartZone/OmniLink v2.0.3 and higher, E911, Private Data v2.0.3 and higher with a WNG box, and SmartNet. The following equipment is not supported by Network Monitoring Service: Private Data systems without a WNG box, Micor, DeskTrac Repeater; MSF 5000 that are not part ora SmartZone system: MTR 2000; MSR 2000; and NCP Data Base Stations. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1. Recommend and coordinate installation of any needed connectivity or monitoring equipment. 2.2. Provide dedicated 56k frame relay necessary for monitoring SmartZone, SmartZone/OmniLink. and Private Data system types. 2.3. Verify connections and Event monitoring prior to System Acceptance or Start Date. 2.4. Monitor System Continuously. 2.5. Access the Customer's System to perform remote diagnostics as indicated per Customer in section 3.6. 2.6. Create a Case when action is required. 2.7. Disable and enable System devices as needed for Servicers who go to the Customer's site when intervention is needed. 2.8. Verify service of Event as needed. 2.9. Provide activity reports to Customer on Case history. 2.10. Provide Performance Reports for SmartZone, SmartZone/OmniLink, and Private Data System types. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola remote access Continuously to obtain System performance data. 3.2. Purchase any connectivity or monitoring equipment as determined by Motorola. 3.3. Cover any installation costs of connectivity or monitoring equipment. 3.4. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.5; Allow Servicers access to Equipment (including any connectivity or monitoring equipment) if remote service is not possible. 3.6. Order and maintain dedicated dial-up phone lines for telephone service for SmartNet and E911 system 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Network Monitoring Service to Customer. Network Management Service Approved by Motorola Contracts & Compliance 10/03/01 Page I of 2 APPENDIX 1 Severity Definitions Severity Level Severity I Severity2 Severity 3 Problem Types Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, AC Power) Response is provided Continuously Significant System Impairment System problems presently being monitored Response during Standard Business Day Parts Questions Upgrades Intermittent problems Response durin~ Standard Business Day. Network Management Service Approved by Motorola Contracts & Compliance 10/03/01 Page 2 of 2 QMOTOROLA Statement of Work Radio Repair 1.0 Description Radio Repair provides board level service for the Equipment that is specifically named in the applicable Agreement to which this Statement of Work (SOW) is attached or any of the Agreement's subsequent revisions. Services are performed at the designated Motorola facility. In addition to Equipment specifically named in the applicable Agreement to which this Statement of Work is attached, Radio Repair includes service on standard palm microphones and single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. Additional mobile control heads are covered only with purchase of the applicable service option. Radio Repair excludes repairs to: optional accessories; non-standard mobile microphones; iDEN accessories: iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads: mobile external speakers; single and multiple unit portable chargers; batteries; mobile power and antenna cables; mobile antennas; portable antennas, and power supplies. New Equipment purchases will only be added upon Customer request. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable Agreement and this SOW, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipmem to Motorola factory specifications. 2.2 Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup diskette. If the Customer template is not usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to restore the original template. 2.3 Clean external housing of the Equipment. 2.4 Pay the outbound freight charges for next day shipping. 2.5 Pay the inbound freight charges only if the Customer uses the Motorola designated delivery, service. 2.6 Provide Customer with the Motorola repair request form and inventory adjustment form. 2.7 Process inventory adjustment requests received by fax or email from Customer. If the request is received by email, Motorola will email an acknowledgement to the sender. 2.8 If applicable, notify Customer of changes in Motorola designated inventory adjustment e mail address or fax number. 3.0 Customer has the following Responsibilities: 3.1 Utilize the Motorola designated delivery service program for inbound shipping. 3.2 Pay freight insurance charges for declared values in excess orS100 on inbound shipments. 3.3 Complete a Motorola repair request form and submit it with each unit of Equipment sent in for service. Mobile control heads or accessory items sent in must reference the serial number of the main unit. 3.4 If desired, supply Motorola with a 3.5" backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. This step must be completed for Equipment that will not power up. If applicable, record the current flashcode for each radio. 3.5 If Motorola must utilize a generic template to Restore Equipment to operating condition. Customer is responsible for any programming required to Restore Equipment to desired parameters. Complete a copy of the Motorola inventory adjustment form (IAF) for Equipment additions or deletions and submit it to Motorola. Radio Repair Approved by Motorola Contracts & Compliance 8/1/01 Page 1 of 1 Statement of Work Local Radio Support 1.0 Description of Service Local Radio Support provides an operational check of Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. An operational check is an analysis of the Equipment to identify external or internal defects. If the Equipment has an external defect, or can be Restored without opening the radio case, the Equipment will be Restored and returned to Customer. If the Equipment has an internal defect, or is not serviceable without openir~g the radio case, then the Equipment will require additional service not described in this Statement of Work. In addition to Equipment specifically named in the applicable Agreement to which this Statement of Work is attached, Local Radio Combo Package includes service on standard palm microphones and single mobile control heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Local Radio Support excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; single unit portable chargers; batteries, mobile antennas; portable antennas; and mobile power and antenna cables. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 3.0 Motorola has the following responsibilities: 2.1. Service to be performed at the Servicer facility during Standard Business Days. 2.2. Perform an operational check on Equipment to determine the nature of the problem. 2.3. Remove/reinstall mobile or data Equipment from/to vehicle as needed for servicing. Customer has the following responsibilities: 3.1. Deliver and pick up Equipment to/fi.om the Servicer facility. 3.2. Inform Servicer of description of problem for Equipment brought in for service. 3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Support service to Customer. Local Radio Support Approved by Motorola Contracts & Compliance 8/1/01 Page 1 of l Statement of Work Local Radio Support OnSite Option 1.0 Description of Service For the OnSite Option ("Option"), equipment will be picked up from and delivered to the Customer's location within a 30-mile radius of the Servicer facility. This Option allows for two scheduled pickups per week. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1. Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. Ifa pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2. Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1. Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2. Provide problem description along with Equipment. Statement of Work MOTOROLA Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair provides repair service to Motorola and select third party Infrastructure as set forth in the applicable attached Exhibits, all of which are hereby incorporated by this reference. Customer's System type determines which Exhibit is applicable (i.e. Exhibit A is for SmartZone systems, Exhibit B is for SmartNet systems). Equipment is serviced down to the component level at the Motorola Infrastructure Depot Operations ("lDO"). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Equipment is no longer supported by the original equipment manufacturer, Motorola may replace Equipment with a comparable/compatible or like Equipment, when possible. When available, Motorola will provide Customer with an Advanced field Replacement unit(s) "FRU(s)" in exchange for Customer's malfunctioning FRU (s). Non-standard configurations and Customer-modified units are excluded from this service. Malfunctioning FRU (s) will be evaluated and repaired by Motorola's (IDO) and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not an option, such as when the Customer requires the exact serial number in order for Equipment to be returned, FRU may be available on a loaner basis. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Maintain and provide access to an inventory of FRU, subject to availability, that can be shipped from IDO to Customer or Servicer upon request as described in 3.1. lDO reserves the right to provide new or reconditioned units as FRU. The FRU will be of the same kit and version, and will contain similar boards and chips, as the Customer's malfunctioning FRU(s). 2.2. Program FRU which will be exchanged with Customer's malfunctioning unit to original operating parameters based on templates provided by Customer. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.3. Properly package and ship FRU from IDO's FRU inventory to Customer specified address. 2.3.1. A FRU is sent next day air (paid by Motorola) via Federal Express Priority Overnight or UPS Red unless otherwise requested. Shipments outside of the above mentioned carrier programs, such as NFO (next flight out), are subject to additional charges to be paid by Customer. 2.3.2. Motorola will pay shipping and handling during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. Shipments outside standard business hours are subject to additional shipping and handling charges to be paid by Customer. 2.3.3. When sending the FRU to Customer, provide a return air bill in order for Customer to return the Customer malfunctioning FRU. 2.4. Receive Equipment from Customer and document its arrival, repair and return. Provide return authorization numbers when requested as mentioned in 3.1. 2.5. Perform the following service on Motorola Equipment: 2.5.1. Perform an operational check on the Equipment to determine thc nature of the problem. /2.5.2. Replace malfunctioning Components with new or reconditioned assemblies. 2.5.3. Verify that Motorola Equipment is returned to Motorola manufactured specifications, as applicable. 2.5.4. Perform a Box Unit Test on ali serviced Equipment. 2.5.5. Perform a System Test on select Equipment. 2.6. Provide the following service on select third party Infrastructure: 2.6.1. Perform pre-diagnostic and repair services to confirm Equipment malfunction and eliminate sending Equipment with no trouble found (NTF) to third party vendor for repair, when applicable. Infrastructure Repair with Advanced Replacement (cont.) OMOTOROLA 2.6.2. Ship Equipment to the original equipment manufacturer or third party vendor for repair service. 2.6.3. Coordinate and track Equipment sent to the original equipment manufacturer or third party, vendor for service. 2.6.4. Perform a post-test to confirm malfunction Equipment has been repaired and functions properly in a Motorola System configuration, when applicable. 2.7. Reprogram Equipment to original operating parameters based on templates provided by Customer per Section 3.3. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Equipment is due to a Software defect. IDO reserves the right to reload Equipment with a similar Software version. Enhancement Release (s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription Agreement. 2.8. Properly package and return ship (Motorola will pay return shipping charges) Equipment to the Customer specified address or if Customer FRU was exchanged with an IDO FRU, return Customer's FRU(s) to IDO's FRU inventory upon completion of repair. 3.0 Customer has the following responsibilities: 3.1. Contact the Motorola System Support Center (SSC) and request an advanced FRU exchange or a return authorization number (for all other repairs) prior to shipping malfunctioning Equipment or third party Infrastructure named in the applicable attached Exhibit. The initial call to the SSC may be from Servicer if, pursuant to a Statement of Work or other applicable Agreement. Servicer is acting on Customer's behalf. 3.1. I.Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and adclr~s of site location for FRU or Equipment. 3.1.2. Indicate iftbe Equipment or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Equipment being sent in for service. 3.1.3. Provide Customer purchase order number to secure payment for any cost as set forth in paragraph 2.3.1, 2.3.2., 2.7 or 3.2 3.2. Upon receipt of the FRU from IDO's FRU inventory, properly package Customer's malfunctioning Equipment and ship the malfunctioning Equipment to IDO within five (5) days for evaluation and repair as set forth in 2.4. Customer must send the return air bill, referenced in 2.3.3 above back to lDO in order to ensure proper tracking of the return. Customer will be subject to a replacement fee for FRU not properly returned. For Equipment and/or third party Infrastructure repairs that are not exchanged in advance, properly package Equipment and ship the malfunctioning FRU (freight prepaid by Customer) to Motorola. Clearly print the return authorization number on the outside of the packaging. Customer is responsible for properly packaging the Customer FRU or lDO FRU to ensure that the shipped Equipment arrives un- damaged and still in repairable condition. 3.3. Maintain templates of Software/applications and Firmware for reloading of Equipment as set forth in paragraph 2.2 and 2.7. 3.4. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrasltucture Repair with Advanced Replacement services to Customer. In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Equipment over seven (7) years from product cancellation date. 2. Physically damaged Equipment. 3. ]~hird party equipment not shipped by Motorola with the original System. 4. Consumable items including but not limited to batteries, connectors, cables, tone/ink cartridges. 5. Test Equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. Infrastructure Repair with Advanced Replacement Approved by Motorola Contracts & Compliance 09/19/02 Page 2 of 2 ExMbit A * Covered SmartZone System ease StaUoa(s) and CeaW, d Elo.~,,aics Bank(s) Cl~r,.el Bank(s) Co~paaior(s) Co~puiet(s) Cousole(s) Couimller(s) -T,~8 Di.~aes ~ Reco, Gi~g Equipment Digi~ Si~i~6 ~s) Di~ Voi~ M~(s) ~ To,,,i~l~ VIBEX(s) or NOVA I~iesco~-~ect IVii¢,o, v¢ Equi Mouiior(s) Moscad Network Fauli Cover~ sad Exchm for Inf~ Repair Excludes aH Equipment s~r.h as bi-diteaional amplifiers, multicouplets, combiners, tower top pre-am,nlifiers, nmemm~. _m__h!es, towers, tower li~ohtin~ nnd trnn.~i.~ion lin_es. Includes Loe.~n~: P~---'otder lnt~_~__ nmi Network Hub Includes F,=,,,isTs nna Telco. F. jecllwJem ~_iemen~ Includes Sgec-i-,i*n. Di~oit~¢. nmi Astmlac Comp~ra~_o_rs. Indudes c;o~e~s (Pemi-m I, ff., ffI, IV) di~ imefface with or comml the communications System, including SiteLens and Systemwatch fl. Indudes keyboards, Excludes defective or phosp_ hot-burned cathode ray tubes CRT(s) and burned-in flat panel di~. lay imn~¢ feJemitqL Inch~les consoles (Cenlmcom H, Cenlracom Gold Ckt~.~ic, C. entracom Gold Elite) as part of complete communi-vaiion system - ONLY. Includes headset jacks, dual footswitches, and 6oose, ne~k mi_~c~ophtlne~ P.~¢hlde~j Centre_corn I. Includes SmartNet 1I Prime and Remote Controller~ Excludes SSMT and SCMS controllers. Inc{,~ R~%r to the lDO S,~mpo~_rt v~trix for M_,yt_e!-] exclusions Refer to the IIX) S~_n ~ for Mo,t~! exc!-~ions Includes ^L~ AllVlL ZAMBI Includes computers (Pemim~ I, H, HI, IV) directly interface with or comml the communications System, including SiteLens and Systemwatch 1I. Excludes laptop computers and all 286, 3116, 486 Excluded from service agrmmem but may bc repaired on an above contrac~ Time and Material basis All eq-i? m,,sl be shipped to IDO. Excl,,a,~ any on-site services. Includes all monito~ conmclmt to computers that directly interface with or control the communications System. Includes fiat panel displays and touch screen monitors. Excludes d~feaive or phosDher-bumed cathode ray tubes CRT(s) and burned-in fiat pmel aisplay ~ NFM (N~wo~ F~ll MamgcmenO, as part o£ Communication System only. Standalone MOSCAD nmst be quoted separately. Excludes System Control and Dala Acquisition (SCADA) ,~4 Fire ,~,~mi,,~ Includes Full Vlsi_ri.= E.~.c~l _~_ NMC Includes .,winters d~t direct___~ interC-a_ee with the comm,n!m_ti_'olis System l~(s) Facciudes RAS 1100, 1101 nnd 1102 Rearer(s) Indudes Quamar ami MTtO.000, ASTRO-TAC Receivers. Si~ul~.~ ~on Incl~ AmpUficr(s) Site F~.al-~.-y S~s) UPS Sy~.~s. / Zone Includes Rubidi,,m. GPS und N~¢!ocks sy.~ems sold with the Motorola Sy~_em Included Excluded fi'om sexvice asmements but may be repaired on an above contmcL Tune and Material tmsis. AH UPS systems must be shipped to IDO for repair. Excludes any on-site Excludes HP715/33, lip 715/50 servers. Excludes x-terminnLq NDS14C and NDSI7C lmT, ludes console terminnle__ Excludes ALL Sttn/UMP hard drives exceot TLN3495A 0820 1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. Approved by Motorola Contrv~m & Compliance 09/19/02 Statement of Work OnSite Infrastructure Response - Premier Option 1.0 Description of Service OnSite Int~a.muctnm Response provides for on-site technician Response as determined by pre-defined sevefi~ levels set forth in Table C nmi Respon~ times set forth in Table A- 1 in order to Restore the System. The terms and conditions of this Statement of Work (SOW) are an integral pan of thc Motorola Service Agreement or other applicable Agreement to which it is ~-n~ed and made a pan thereof by this reference. ffthere a~ any incon~'i-~,,neies [mween th~ pmvisioas of~t~ SOW and ihe provisions of the Service or 2.0 Motorola has the following respo~ 2.1 ffMotorola is providing Technical Suppmt service (via an additional Statement of Work) in addition Technical Support service Statement of Work and Table B heroin, unless required to Respond performance ~f ~he Technical Supl~ ~ Motorola determines that an on-site technician occur in accordance with Table A-2. 2.2 ff Motorola is not pe~Viding Technical Support but only providing OnSite Infrastmctu~ Response, Motorola will respond in accordance with figs S~atmnent of Work :md Tables A- 1 and C. 2.3 Perform diagnostics on fl~e Con~~Ad R~laceable Unit (FRU)/assembly 2.4 Restore the System by replacing defective Compo~U/assembly: 2.4.1 FRU ami assembly will be im~ided by Customer. 2.5 Provide maleri,l-~, tools, docamemlui~ physical ?snning manuals, diagnostic and test eqmpment ~ to lmtsm the ~ se~oe. 3.0 Customer has the following n~: 3.1 l:~,~=hii~h aad ~ a suitable environment Cneat, li~. and power) for the Equipment location and provide the Servicer full, fi~ee, and safe access to thc Equipment so that the Setwicer may provide 3.2 Supply FRU or assembly as needed in on~ f~ Motorola m Restore the System as set forth in ~~ z4.1 3.3 M~inmin and st~l~ ~ alld all ~ ~ ~o Res~ol~ the System. 3.4 ~ w/th Mommh a~d pedonn all ~c~s fl~ are reasonable or necessary to enable Motorola to provide tl~ ~ i~hu~m~ Re~xm,~ se~4c~ to Customer. Table A-I - OnSile Rtsp~mse ~ Severity I Within 2 horns from receipt o/'nofification ,&-verity 2* Within 4 hours imm receipt of notification* Severity 3* Within 24 horns from ~ of notification* Page 1 of 2 Table A-2 - OnS~ Reslmme Times witll Remote Tecimir~ Smpport Response Thnes Se~oiCy I Within I hour from m:eipt of requ~ for Technical Sutaport. On-~-te within 2 hours fi'om tim~. of Severity 2* Within 1 hour from receipt of~lucst for Techmcal Support. On-site within 4 h~_ n~* fi, om tim~. ofdi- ,~ch* Sevediy 3* Within next Business Day from receipt of request for Technical Support*. OIl4fitn within 24 ho~__~s fi'om time *Denotes ,hnt these r~sponse times are applicable only during Standard B,,.~ineas Day. Severit~ 1 Response Times are applicable Continuously. Table B- Remote Technical Support Response T~es *~ ~ ~ i--,:~nse times are applicable only during Standard Business Day. Severit~ 1 Response Times are applicable Continuously. Table C ~ net=tuitions S~e, ;i$ Lev~ Problem Types S~iy I Major system failu~ 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, A/C Power) Response is lm~vid~e~! Comimmusly Se~eaiiy 2 Significant System ~t Response is pm~,~ st,,,,,4~.d n,,~-~ ~ Upgm4e~_ System problems pmsentty being monitored Operationnl nnd informatioml questions Config~aiion Clmnge Support nnd Work Flow procedure questions Approved by Motorola Contracts & Compliance: 04/03/02 Page 2 of 2 Statement of Work MOTOROLA SP- OnSite Microwave Response - Premier Option 1.0 2.0 3.0 Description of Service OnSite Microwave Response provides for on-site technician Response as determined by pre-defined severity levels set forth in Table C and Response times set forth in Table A-I in order to Restore the System. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. Motorola has the following responsibilities: 2.1 If Motorola is providing Technical Support service (via an additional Statement of Work) in addition to this OnSite Microwave Response service, Motorola will first respond in accordance with Technical Support service Statement of Work and Table B herein, unless required to Respond otherwise in the Communications System Agreement or other applicable Agreement. If, in the performance of the Technical Support responsibilities, Motorola determines that an on-site technician is necessary, dispatch will occur promptly after such determination is made and on-site response will occur in accordance with Table A-2. 2.2 If Motorola is not providing Technical Support but only providing OnSite Microwave Response, Motorola will respond in accordance with this Statement of Work and Tables A- I and C. 2.3 Perform diagnostics on the Component/Field Replaceable Unit (FRU)/assembly 2.4 Restore the System by replacing defective Component/FRU/assembly: 2.4.1 FRU and assembly will be provided by Customer. 2.5 Provide materials, tools, documentation, physical planning manuals, diagnostic and test equipment necessary to perform the Maintenance service. Customer has the following responsibilities: 3.1 Establish and maintain a suitable environment (heat, light, and power) for the Equipment location and provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services. All sites shall be accessible by standard service vehicles. 3.2 Supply FRU or assembly as needed in order for Motorola to Restore the System as set forth in paragraph 2.4.1 3.3 Maintain and store any and all Sol, are needed to Restore the System. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the OnSite Infrastructure Response services to Customer. Table A-I - OnSite Response Times Severity Level Response Time Severity I Within 2 hours from receipt of notification ~Severity 2* Within 4 hours fi'om receipt of notification* Severity 3* Within 24 hours fi.om receipt of notification* OnSite Infrastructure Response - Premier Option Approved by Motorola Contracts & Compliance: 04/03/02 Page I of 2 QMOTOFIOLA Table A-2 - OnSite Response Times with Remote Technical Support Response Times Severity Level Response Time Severity I Within I hour from receipt of request for Technical Support. On-site within 2 hours from time of dispatch. Severity 2' Within I hour from receipt of request for Technical Support. On-site within 4 hours* from time of dispatch* Severity 3' Within next Business Day from receipt of request for Technical Support*. On-site within 24 hours from time of dispatch* *Denotes that these response times are applicable only during Standard Business Day. Severity I Response Times are applicable Continuously. Table B - Remote Technical Support Response Times Severity Response Severit7 I Within I Hour from receipt of notification Severit)' 2* Within 4 Hours from receipt of notification Severit~ 3* Within next Business Day * Denotes that these response umes are applicable only during Standard Business Day. Severity I Response Times are applicable Continuously. Table C -Severity Definitions Severity Level Problem Types Severity I Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, ,adC Power) Response is provided Continuously Severity 2 Significant System Impairment Response is provided Standard Business Day Severity 3 Parts Questions Upgrades Intermittent problems System problems presently being monitored Operational and informational questions Configuration Change Support and Work Flow procedure questions Response is provided Standard Business Day. OnSite Infrastructure Response - Premier Option Approved by Motorola Contracts & Compliance: 04/03/02 Page 2 of 2 MOTOROLA Statement of Work SP- Software Subscription Agreement 1.0 Description of Service Motorola provides Software releases by means of a Software Subscription Agreement ("SSA"). As more thoroughly discussed in the SSA, Motorola will provide to Customer periodic bulletins which announce and explain available Enhancement Releases and Core Releases for Motorola Software for use with upgrade-capable Motorola Equipment covered by the SSA. 2.0 Motorola has the following responsibilities: 2.1 Provide to Customer bulletins announcing Enhancement Releases and Core Releases. 2.2 Provide to Customer available Enhancements Releases and Core Releases as ordered by Customer. [f Customer orders a new Enhancement Release or Core Release, provide those Standard Features included in the release which apply to Customer's existing system components. 3.0 Customer has the following responsibilities: 3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core Release. 3.2 Pay any charges associated with additional engineering or hardware required for each Enhancement Release or Core Release that Customer chooses to order and install. Additional engineering may be required if Customer's System has specially developed options. 3.3 Use the Software and releases in accordance with the terms of the Motorola software license agreement executed by Customer, or Motorola's standard software license terms if no license was signed. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary, to enable Motorola to provide the Software Subscription Agreement services to Customer. TO: [] RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 74,225.86 Attention: National Service Support Motorola 1307 East Algonquin Road Schaumburg, Illinois 60196 FOR: Yearly maintenance contract Requested By: Approvals: Div Head Finance Dept. City Manager Phyllis Dixon Date: April 21,2003 FUND DEPT BASIC ELE OBJ AMOUNT 001 1810 519 46 24 74,225.86 74,225.86 [] RETURN CHECKTO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 74,225.86 TO: Attention: National Service Support Motorola 1307 East Algonquin Road Schaumburg, Illinois 60196 FOR: Yearly maintenance contract Requested By: Approvals: Oiv Head Finance Dept. City Manager Phyllis Dixon Date: April 21, 2003 FUND! DEPT BASIC ELE OBJ AMOUNT 001 1810 519 46 24 74,225.86 74,225.86 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V.-CONSENT AGENDA ITEM C.3 Requested City Commission Meetinq Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA TI'EM Date Final Form Must be Tumed in to City Clerk's Office Requested City Commission Date Final Form Must be Heetinq Dates Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 2l, 2003 October 6, 2003 (Noon) August !8, 2003 (Noon) September 2, 2003 (Noon) [] November S, 2003 October 20, 2003 (No(~ [] November 18, 2003 November 3, 2003 (NE) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION; Staff recommends the approval of a contract for services (attached Exh/bit "A~) for Community Development Block Grant (CDBG) recipient Mad Dads of Boynton Beach, Inc., previously approved for funding July 2, 2002. EXPLANATION: This sub-grantee had an organizational change early in the fiscal year, but has now submitted the required budget, scope of services, and timeline for performance as addendum to the contract. The services that are being provided are all CDBG eligible requirements. PROGRAM ZMPACT: The summer school services that will be provided will help twenty five "at risk" students earn the credit and knowledge to advance to the next grade in their respective schools. These students are attending this school because they want to go and learn. F]:SCAL ]:MPACT: $8,000.00 had been approved for this organization to provide these services to the community, and meets the City's objectives and priorities as set forth in the Five Year Consolidated Plan. ALTERNATWES: j~ne at this time. Departt~'er~ He~c~s'~ ~a~'~re Depa~ment of Development Communi~ Improvement Division Depa~ment Name City Manager's Signature City Attorney / Finance / Human Resources S:\Community Improvement~v~genda Requests\2003\CCS-19-03HaddDads.dot RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A CONTRACT FOR SERVICES BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND MAD DADS OF BOYNTON BEACH, INC., AS A SUB-RECIPIENT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with United States Department of Housing and urban Development for a grant for the and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and ;ommunity Development Act of 1974, (as amended); and WHEREAS, the City of Boynton Beach desires to enter into an Agreement Mad Dads o f B oynton B each, I nc., a s a s ub-recipient, w ho h ave previously all necessary documentation required, including budgets, scopes of ~ervices, and timelines for performance; and WHEREAS, a copy of that Agreement is attached hereto and made a part NOW, THEREFORE, BE IT RESOLVED BY THE CITY ~'OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorize execution of an Agreement between the City of Boynton Florida and Mad Dads of Boynton Beach, Inc, as a sub-recipient of the grant funds in the amount of $8,000.00. Section 2. This Resolution will become effective immediately upon $:\CALR. ESO~,Agrcements\CDBG - SubRecipient Agreement - Mad Dads.docl ~assage. PASSEl) ANl) ADOPTED this . day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Clerk (Corporate Seal) Commissioner ~:\CAkRESO',Agreements\CDBG - SubRecipient Agreement - Mad Dads.doc2 EXHIBIT "A" AGREEMENT BETWEEN THE cTrY OF BOYNTON BEACH AND MAD DADS OF BOYNTON BEACH, 1'NC. THIS AGREEMENT, entered into this __ day of ,2002, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and Mad Dads of Boynton Beach, :[nc., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal mailing address as Post Office Box 549, Boynton Beach, FL 33425, and its Federal Tax Identification Number as 65-0424874. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the executio~ and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Bead~, pursuant to 'l'itle I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and Mad Dads of Boynton Beach, ]:nc., desire to provide the activities specified in Part I! of this contract; And Whereas, the City of Boynton Beach desires to engage Nad Dads of Boynton Beach, ]:nc. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, consideration of the mutual premises and covenants herein contained; it is agreed as follows: PART ! DEFI'NTrZON AND PURPOSE in Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "C!D' means Community Improvement Division 4) "The Agency" means Mad Dads of 8oynton 8each, Inc. Page 1 of 15 5) "CID Approval" 6) 7) means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf "Low and Moderate income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part I! of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of Iow- and moderate-income persons. PART I! SCOPE OF SERVZCES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART COMPENSATZON, 'rZME OF PERFORMANCE, METHOD AND CONDTrZONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $8,000.00 for the period of October I, 2002 through September 30, 2003. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 15 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this ten percent (:10%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-02- N1C-:~2-0043. The effective date shall be October :~, 2002, or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2003. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the CiW provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and C1~D. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 15 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 15 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) b) c) d) e) All subcontracts and agreements pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); All change orders; and Requests to utilize uncommitted funds alter the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5of15 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- ii0, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART ZV GENERAL CONDI'rZONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6of15 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of Iow-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 15 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The City will require, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. Page 8of15 At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability l~nsurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. ]. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. Page 9 of 15 K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity, l~n addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) This Agreement including its Exhibits Office of Management and Budget Circulars A-110, A-122 and A-133 Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon ACt of 1988 and Section 109 of the Housing and Community Development Act of 1974 Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development ACt of 1974 Florida Statutes, Chapter 112 and 768.28 City of Boynton Beach Purchasing Ordinance Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended The Agency's Personnel Policies and .]ob Descriptions The Agency's Incorporation Certificate and Articles of Incorporation The Agency's by-laws The Agency's Certificate of Insurance and Bonding Current list of the Agency's Officers and members of Board of Directors Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. Page 10 of 15 IV1. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to r the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. l) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Company for services rendered pursuant to this Agreement through and including the date of termination. 3) l~n the event the grant to the City under Title ! of the Housing and Community Development ACt of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Prov sions ]~f any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law, Page 11 of 15 O. Levera§ing The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F.S. 287.133(3)(a) requires this notice. Page 12 of 15 T. Counterparts of This Aqreement This Agreement, consisting of thirteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ., ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida CITY CLERK BY: CITY MANAGER APPROVED AS TO FORM' CITY ATTORNEY MAD DADS OF BOYNTON BEACH, ~[NC. By: Title: By: Title: (CORPORATE SEAL) Page 13 of 15 The Agency agrees to: A. HAD DADS OF BOYNTON BEACH, ZNC. EXHZBZ'r A WORK NARRA'FZVE Provide two (2) teachers for seven (7) weeks to teach Hath, Reading, and Science daily to 25 students, who are required to attend five (5) days a week. Students will be required to bring basic school materials, such as paper, pens, and notebooks for each class. Provide summer school credit for those students to those students that need this in order to pass onto the next grade. The City Agrees to: A. Provide up to $8,000 in funding as follows: Salaries ........................................................... $3,200.00 Scholarships ...................................................... 3,750.00 Materials .............................................................. 418.20 l:nsurance ............................................................. 631.80 Total ......................................................... $8,000,00 Provide technical assistance to ensure compliance with C1~D, U.S. HUD and applicable Federal, State and City regulations to this Agreement. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to C1~D on program activities. Page 14 of 15 MAD DADS OF BOYNTON BEACHf ZNC. EXHI'BTr B LEI'rERHEAD STA'TZONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P, O. Box 310 Boynton Beach, Florida 33425-0310 From: Sub}ect: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod, Community Improvement Manager Page 15 of 15 V.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 1% 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to Ci~ Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as Lester PUD plats 2, 3, 4, 5 and 6 and returning the appropriate letters of credit to the developer. EXPLANATION: The developer of this project currently has surety totaling $995,700.00 posted with the City to guarantee satisfactory completion of the on-site water and sewer systems serving the referenced phases of this project. Those systems have now been completed, all documentation has been provided and the systems have operated satisfactorily through the warranty period. The letters of credit from BankAtlantic numbered 415, 416, 436, 437, and 455 may therefore be released, and returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: No~C'~ Department Head~s Signature ~ j City Manager's Signature Deparlxnent Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:\BULLETINLFORMSX, AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE CASH SURETY IN THE AMOUNT OF $995,700.00 FOR THE PROJECT KNOWN AS LESTER PUD, PLATS 2, 3, 4, 5 AND 6, AND RETURNING THE LETTERS OF CREDIT (NOS. 415, 416, 436, 437 AND 455) FROM BANK OF AMERICA TO THE DEVELOPER; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel previously submitted a cash surety in the of $995,700.00 and five (5) Letters of Credit as surety for the satisfactory >letion of the on-site water system for the project known as Lester PUD, plats 2, 3, 4, and 6; and WHEREAS, those systems have now been completed, all documentation has provided, and the system has operated satisfactorily through the warranty period, the Letters of Credit (Nos. 415, 416, 436, 437 and 455) issued by Bank of America, should now be returned to the Developer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves a full release of the cash surety in the amount of $995,700.00 for the project known as Lester PUD, plats 2, 3, 4, 5, and 6 and return of the existing letters of credit (Nos. 415, 416, 436, 437 and 455) from Bank of America to the Developer. Section 2. That this Resolution shall become effective immediately upon passage. S:\C.a.\RESO',Letters of Credit~ull Release Lester PUD - BOA 080103.doc PASSED AND ADOPTED this day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner T~ Clerk Seal) Commissioner Commissioner O\Letters of Credit~ull Release Lester PUD - BOA 080103.doc U~a~e~ Deparone~ 124 E. Woolbr~h~ Rd Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561 742-6298 Suite 102 lupiter, FL 33458 ' Fax 747-8625 BELVEDERE CONTRACTING OF VER~cH nut, Total Site Developmen~ Specializin8 in Undergrg__und Utilities Shnce 1956 Es~dmator FINAL WALK-THROUGH INSPECTION PROJECT: LESTEK Phase I DATE: 6/9/03 TIME: 1:30 AM Joel N. Wantman P.E. Contractor: Brian Carver Fax 687-1110 Belvedere Contracting FAX 747-6628 CORRECTIONS REQUIRED: t~anhole C-1 needs to be cleaned & painted. GENERAL NOTES: 1. All markers found water & sewer 2. All valves operated & left in full open position. 3. All hydrants operated & free of obstructions 4. All valves in landscape have collars 2'x2'x8 s. AH manholes open and checked C-1 needs paint repair. America's Gateway to the Gulfstream The City of Bo nton Beach Ut~l#~es Departn~nt 124 E. ~oolbrigm Rd BoynWn Beach, Florida 33435 Phone ($61) 742-6400 FAX: (561 742-6298 840 Jupiter Park Drive Suits 102 ~ 501-747-Bfl37 Jupitor, FL 33458 Fax 747-fl628 Total Sffe ~opment 5P~Y~ ~ Und~d ~es S~ce ~ 956 E~ator FINAL WALK-THROUGH INSPECTION PROJECT: LESTER Phase II DATE: 6/5/03 TIME: 9:30 AM Joel N. Wantman P.E. Fax 687-1110 Contractor: Brian Carver Belvedere Contracting FAX 747-6628 CORRECTIONS REQUIRED: All Items Completed 6/5/03 GENERAL NOTES: 1. All markers found water & sewer 2. Ail valves operated & left in full open position. 3. All hydrants operated & free of obstructions 4. All valves in landscape have collars 2'x2'x8 5. Ail manholes open and checked ." America's Gateway to the Gulfstream The City of Bo' Beach Ufllitles Department 124 F~ Fgoolbright Rd Boynton Beach, Florida 33435 Phone ($61) 742-6400 FAX: (561 742-6298 840 ]upiter Park Drive ~ ,: ~, 561-747-6637 Suite 102 ~ ' Fax 747-6828 ~upiter, FL 33458 BELVEDERE CONTRACTING OF VER, 0 BEACH, INC. Total Sit~ Development Sped~liz~ in Undergroum~ Utili~'e~ Since I956 ~ Es~ator FINAL WALK-THROUGH INSPECTION PROJECT: Lester III DATE: 6/5/03 TIME: 9:30 AM Contractor: Belvedere Contracting FAX 561-747-6628 Engineer: Wantman Group FAX 561-687-1110 GENERAL NOTES: ALL ITEMS COMPLETED 6/5/03 The City of Bo' Beach Utilities Depm'iment 124E. Woolbright Rd Boynton Beach, Florida 35435 Phone (561) 742-6400 FAX: (561 742-6298 840 ]upitet paxk Drive ~ Fa~X 7$tT'B6~'8 Suite ~u~t~, ~ 33~58 8~~ ~~G O~ ~o,s~ ~c. . E~ator PROJECT: FINAL WALK-THROUGH INSPECTION Lester 4,5 & 6 DATE:6/6/03 TIME: 9:30 AM Contractor: Belvedere Contracting of Veto Fax 561-747-6628 Engineer: Wantman Group Fax 561 687-1110 GENERAL NOTES: All corrections completed 6/6/03 i:\general-usekformskfinal walk through.doc 840 Supttar Park Drive Su/te 102 ~ 561-747-6637 Jupiter, FL 33458 Fax 747-6828 BELVEDERE CONTI~CTING OF V~O BE~CH; INC. Total Site Oe~lopment Spectallztng in Under~Ound U~.lit~e~ Since Joel Wantman, PE Wantman Group, Inc. 901 ~llhpoint Parkway, Suite 204 West Palm Beach, Florida 33407 561.687.2220 Fax: 561.687.1110 joet.wanlman~wanlmangroup.com America's Gateway to the Gulfstream V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) .[~] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve raising fees for annual permits, daily fees, and light fees at the Tennis Center.'~ on approval, fees will be raised in the following manner (effective October 1, 2003): PERMITS Single Resident from $200 to $290 DAILY FEES Family Resident from Single Non Resident from Family Non Resident from Adult Otar-tru) from Adult (composaion) from Junior (17 & under) from $300 to $430 $360 to $490 $500 to $680 $6 to $7/person/l.5 hours $2 to $3/person/1.5 hours $1 to $2/person/1.5 hours Light Fee from $4 to $5/1.5 hours Accordingly, this will require the modification of the Recreation & Parks Department Revenue Policy Manual per exhibit "A" (attached). EXPLANATION: The City is experiencing a downward txend in its revenues, which makes it more difficult to support discretionary programs. It is also the intent of the Recreation & Parks Department to closely examine the delivery of its services, and restructure certain programs to become self-supporting. Although the Tennis Center is a very popular facility, fees have historically been far below local market standards. This adjustment will allow us to cover a greater percentage of operational costs and significantly reduce the City's subsidy of this operation. PROGRAM IMPACT: Despite the significant increase, our fees will still be lower than similar public facilities in Delray Beach and Wellington. A comparative analysis is attached (exhibit "B"). FISCAL IMPACT: During this FY, we project the Tennis Center will generate $173,887 in total revenue, with $206,886 in expenses (not including building/grounds maintenance or CIP projects). Effective October l, 2003, the Tennis Center Operation will be removed fi.om the General Fund and placed in the Recreation & Parks Department Program Revenue Fund. Raising fees will assist in meeting our goal of making the Tennis Center a self-sustaining operation. ALTERNATIVES: operation at~und. Department Head's Sign~tre-// Recreation & Parks Department Name Increase fees less then recommended or do not raise fees, and continue to subsidize the Tennis Center City Manager's Signature City Attorney / Finance / Human Resources RESOLUTION NO. 03- A RESOLUTION O F T HE CITY COMMISSION O F THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AN INCREASE IN ANNUAL PERMITS, DAILY FEES. AND LIGHT FEES AT THE TENNIS CENTER COMMENCING IN FISCAL YEAR 2002/03; AND AMENDING THE RECREATION & PARK DEPARTMENT REVENUE POLICY MANUAL; AND PROVDING AN EFFECTIVE DATE. WHEREAS, it is the intent of the Recreation & Parks Department to closely examine the delivery of its services, and restructure certain programs to become self- supporting; and WHEREAS, staff has conducted a comparable analysis of neighboring communities and has recommended an increase in annual permits, daily fees, and light fees, commencing in fiscal year 2003/04, which increase will generate additional monies to cover a greater percentage of operational costs and significantly reduce the City's subsidy of this operation; and WHEREAS, upon recommendation of staff, the City Commission has deemed it appropriate to approving raising fees for annual permits, daily fees, and light fees at the Tennis Center, and amend the Recreation & Park Department Revenue Policy Manual to reflect the increases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, authorizing an increase in annual permits, daily fees, and light fees at the Tennis Center S:\CA\RESO\03-04 tennis fees.doc commencing with fiscal year 2003/04, and amend the Recreation & Park Department Revenue Policy Manual as shown on the attached Exhibit "A". Section 3. Creating and establishing a trust account into which the additional revenue can be diverted and used for capital improvement projects at the facility. Section 4. Amend the Recreation & Park Department Revenue Policy Manual to reflect the increased fee. Section 5. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this__ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO\03-04 tennis fees.doc REVENUE POLICYNANUAL ENTRANCE, PARKING & ADMISSIONS ~each Parking - Established by Article II, Section 16-82 of the Code of Ordinances Boat Club Park Launch Fees Annual Decal Daily Fee (weekends & holidays only) Special Program Workshop, Concert Admission, General Admission: (examples) Holiday Craft Workshop, Youth Halloween Programs, Treasure Hunt, Theater Performances, Dances, etc. Tennis Center Daily Fees Adult (har-tru) Adult (composition) Junior (17 & under) Light Fee $50 $10 $3- $50/person SZ6/person/1.5 hours $32/person/1.5 hours $2-~/person/1.5 hours $54/1.5 hours ~r~IBIT "A" 12~0O 12~00 09~93 4.9/94-08/03 -1-9/9-1-08/03 !0/9108/03 09/9208/03 USER FEES Youth Sports (ex: Flag Football, Soccer, Cheerleading, Gymnastics, Twirling, Tumbling) Sports League (ex: Softball, Volleyball, Senior Softball, Basketball, Tennis) Men's Fitness & Dance (ex. Aerobics, Ballet, Yoga, Tai Chi) Arts & Crafts (ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Adult Special Class/Workshop/one time Youth Camps & Playgrounds ';ncludes field trip fees; 1, 4 or 8 week ,,pring break, summer and holiday camps) Non-Resident Fee $13-$100 $20 - $625 $15 - $125 $23- $100 $7-$32 $125-$380 Resident Fee $1o-$8o $16-$500 $12 - $100 $18-$80 $4-$25 $100-$295 Date Commission Approved 09/93 12~00 12/00 09~93 12/00 09/93 After-School Programs $62 - $156 $50 - $125 12/00 .~ POLICYMAI~IAL EXHIBIT "A" Non-Resident Fee Resident Fee Date Commission Approved Self Improvement/Community Classes (ex: language, music computer classes) Interest lessons, $18 - $94 $15 - $75 12/00 Tennis Center Permits Adult/Individual Family Junior (17 & under) $490360 $290200 69¢8208/03 $680500 $430300 88-/.0208/03 $ 55 $ 25 09~93 *Trips/Tours/Travel $ varies (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) .~ame fee for all participants since Boynton Beach facilities are not being used. *Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. *Fees charged for grant-funded programs may fall below the fee ranges listed above. TENNIS CENTERS FEE COMPARISON EXHIBIT "B" FACILITY DESCRIPTION Boynton Beach 17 har-tru (sot~) and 4 composite (hard) courts, all lighted, pro shop, locker room facilities Delray Beach 14 clay and 7 hard courts, 19 lighted courts, pro shop, locker room facilities, 8,200 seat stadium Wellington 16 har-tru courts, all lighted, pro shop, locker room facilities FEE SCHEDULE Boynton Beach Delray Beach Wellington (proposed for (2002-03) (2002-03) FY 2003-04) Single Resident $290 $291.50 $408.10 Family Resident $430 $439.90 $583 Single Non Res. $490 $503.50 $583 Family Non Res $680 $689 $874.50 Daily Fees Light Fees $7/1.5 hours (sof~) $3/1.5 hours (hard) $5/1.5 hours Varies between $7 & $7.50/1.5 hfs depending on season for residents and $9 & $9.50 for non residents between 8am-12 noon and 6pm-9pm Fees are slightly reduced if playing between Noon & 6pm $5/1.5 hours $9/hr + tax for residents $12~ for non residents N/A V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.6 AGENDA ITEM REQUEST FORN, Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk' s Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve resolution to assess the costs of abatement of certain nuisances against the owners of properties involved. EXPLANATION: Beginning in October 2000 and continuing through December 2001, Parks staff was requested by Code Compliance to mow the lots of the properties described in Exhibit "A". The property owners were invoiced by the Finance Department on two occasions and these bills were forwarded to a collection agency in an effort to recoup these costs. These efforts were unsuccessful. The Finance Department then forwarded the invoices so that we could move forward with placement of liens on these properties. On July 11, 2003, all of these property owners were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property. We have not received a remittance to date. If this resolution is approved, the City Clerk's Office will again notify each property owner that a lien will be recorded in Palm Beach County 30 days from the date of approval. This will give the property owners an additional opportunity to avoid the placement of a lien on their properties. PROGRAM IMPACT: FISCAL IMPACT: To date, abating these nuisances has cost the City of Boynton Beach $2,225. Additional administrative fees of $510 will be added to this amount to cover administrative fees for the City Clerk's Office. ALTERNATIVES: Not to place liens on these properties and the City will absorb these costs. Department Head s Signature - Q~y Manager s Signature City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CCXWPM..OT MOWING ASSESSMENTSkAgenda Item Request Form - Reso Approval Request - 8-19-03.dot WHEREAS, at the time of recordation of Liens in the Public Records of Palm leach County, t he City Clerk's o ~ce w ill add a n additional administrative fee i n t he of $30.00 to each Lien; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION }F THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1' Each Whereas clause set forth above is true and correct and >orated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the ,ve-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED COMPOSITE EXHIBIT "A" (Charges cover Invoices dated October 2000 through December 2001) Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes therefrom for the year 2000 and 2001, depending on invoice date, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 080103.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-276 TO: FROM: DATE: Director Diane Reese, Finance '~t Don Johnson, Building Official . November 22, 2002 sUBJECT: cASH BoND - GOLDEN cORRAL - 389 ~rINCHESTER pARK BLVD. _.---- Attached is a check for $36,850.00 from Anthony Verderame. This is a cash surety for the Golden Corral and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of OccupancY, the surety will be returned. DJ:rs Attachments/letters from David T. Come, christopher J. Nix, Art Kamm and check XC: Timothy K. Large, Building Code Administrator permit File # 02-1261 S:~velopment~BUiLDiNGXBuilding DivXDocumentsLMem°s m Word\Cash Bonds - 2002\Cash Bond - Golden Corral 02-[ 26 l .doc EXItlBIT "B" ., /?,.'L/07' 1-6:06 ~,'~r,.5.~.6L, .f ~'~~~ Kimley. Horn ~nd Assom~es, Inc. November 20, 2002 Via Federal Express Priorio~ 047507000 L1100 E2700 (561/375-6404) Clms Conklin : City of Boynton Beach Building Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Subject: Dear Chris: Golden Corral Boynton Beach Landscaping Cost Estimate I have been directed by Mr. Michael Garofalo, Verderami Construction, to provide you w/th a cost est/mate for labor and material to install landscaping material for the Golden Corral Boynton Beach site. It is my understanding that the Golden Corral Contractor has installed all the required irrigation equipment for the entire site, and the Contractor will also install the landscaping material immediately adjacent to the building prior to issuance of the Certificate of Occupancy. Therefore, I have been asked to provide you with a cost estimate for the landscaping mater/al for the site perimeter and the landscaping islands. I have estimated the cost of the landscaping material for the site perimeter and the landscape islands to be $28,500. Please do not hesitate to contact me at (772) 7944041 if you requ/re further information. Sincerely, KIMLEY HORN AND ASSOCIATES, INC. Christopher J. Nix, E.I. · Suite 400 801 21s! Street Veto 8each, Rodda 32960 · TEL 561 562 7981 FAX 581 582. 9689 EXHIBIT "F" V.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dat~ Final Form Must b~ Tumid in to City Clerk's July la, 2003 (Noon.) August 4, 2003 ('Noon) August 18, 2003 (No(m) Sq~mber 2, 2003 (Noon) R~quesm:l City CommtSSion Me,ting Dat~.. [] October 7, 2003 [] October 2 I, 2003 [] Nov~nbcr 5, 2003 [] Nov~nber 18, 2003 Date Final Form Must be Turned in to C~ Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20. 2003 (Noon) Nov~nbct 3, 2003 (Noon} NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements [] Legal [] NcwBusiness ~ '~'~-~ [] Presentation Public Hearing [] Unfinished Business ~o ~_< RECOMMENDATION: Motion to approve and execute by resolution an Interlocal Agreement between the Cit~ of Boynton Beach and Palm Beach County for a Lake Worth Lagoon Partnership Program reimbursable grant in the amount of $500,000 to be applied to the stormwater improvement program planned for the INCA neighborhood located on NE 7"~ Street between NE 10"~ Avenue and NE 7"~ Avenues. EXPLANATION: The Utilities Department has applied for and received approval of a $500,00 grant from the Lake Worth Lagoon Partnership Grant Program. This grant is managed by Palm Beach County and funded by the Florida Department of Environment Protection for the State fiscal year 2002-2003. The grant program focuses on stormwater discharged into the Lake Worth Lagoon and stormwater improvement projects that will improve the water quality of the Lake Worth Lagoon. PROGRAM IMPACT: The engineer's estimate for the City's stormwater portion of the project is a total of $2.5 million dollars. Approval of this interlocal agreement and acceptance of this grant will reduce our cost to $2 million allowing the department to use our remaining dollars for other improvements within the service area. The project is planned to start during the first quarter of 2004. S:XBULLEI tr~FORMSXAGENDA ITEM REQUEST FORM.DOC bei RESOLUTION R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY FOR A LAKE WORTH LAGOON PARTNERSHIP PROGRAM REIMBURSABLE GRANT IN THE AMOUNT OF $500,000 FOR THE NE 7TM STREET STORMWATER IMPROVEMENTS PROJECT ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utilities Department has applied for and received approval of a $500,000 grant from the Lake Worth Lagoon Partnership Grant Program, which grant is to be app!icd to the Stonnwater tmprovement program planned for the INCA neighborhood located on NE 7a' Street between NE l0th Avenue and NE 7th Avenues; and WHEREAS, this grant is managed by Palm Beach County and funded by the Florida Department of Environmental Protection for the State fiscal year2OO3-O3;and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing WVhereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. Upon recommendation of staff, this Commission does hereby authorize the City Manager to execute the Intertocal Agreement between the City and Palm Beach County for a Lake Worth Lagoon Partnership Program S:\l reements\lntedocals\lntedocal - INCA Stormwater Grant.doc Department of Environmental Resource Management 3323 Belvedere Road Braiding502 West Palm Beach FL 33406-1548 156l) 233-2400 F:MX (5911 253-2414 www pbcgov corn Palm Beach County Board of County Commissioners ~ren T Marcus. Chair ~y Masilotti. Vice Chairman jeff Koons Warren H Newell Mary McCarty Burr Aaronson Addie L Greene Count~ Administr~at~r l~obert ~Veisma~ ' 4n Equal OpporCumW. Affwmatlve 4cnon Employer' July 18, 2003 John Guidry, Director of Utilities City of Boynton Beach 124 E. Woolbnght Road Boynton Beach, FL 33435 Dear Mr. Guidry: SUBJECT: BOYNTON BEACFFINTERLOCAL AGREEMENT NE 7TM STREET STORMWATER IMPROVEMENTS Enclosed for the City's review, approval and execution are two original Interlocal Agreements for the referenced project. Please sign both original agreements and return them to the letterhead address at your earliest convenience. Upon execution of the agreements by the Board of County Commissioners (BCC) at the September 23, 2003 meeting, we will return one original agreement to you. Please note that construction costs are eligible for reimbursement beginning with the contract execution date. Activities that occurred on or after June 27, 2002, are eligible for match credit. It is important to note that the project expiration date for this agreement, pursuant to Article 1, is March 30, 2005. The expiration date is determined by the County's contract with the State Department of Environmental Protection (DEP) Agreement No. S0089 (Exhibit B to the [nterlocal Agreement). Also, please note that Exhibit B has not yet been executed. Once executed by all parties, we will replace Exhibit B with a copy of the executed DEP Agreement. If you have any questions, please contact me at 561/233-2400 or Ginny Powell at 561/233-2512. Environmental Resources Management REW:GP Enclosures CC: (without enclosures) Mark Law, Deputy Director of Utilities ~ printed on recycled paper T:\coastalXlake_worth_lagoon\DEPgrants\02-03S0089XB-BeachXlnterlocalXiaco v .doc NOW, THEREFORE, m consideration of the mutual representations, terms, and covenants hereinafter set forth, and for such other good and valuable consideration the receipt of which the patties hereto acknowledge, the panaes hereby agree to the following: ARTICLE 1: EFFECTIVE DATE: The term of this Agreement shall be effective on the date of execUUon of this Agreement by both parnes and shall continue in full force and effect until March 31, 2005, unless otherX~ase terminated as provided in A~cle 3 & 12 hereto. The County reserves the right to extend this Agreement for good cause. Any extensions shall be in w~itmg and executed by both parnes. ARTICLE 2: PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to construct a project which will benefit Lake Worth Lagoon as specifically set forth in Ex,bits A and B attached hereto and made a part hereof. The Grantee shall coordinat~ work on the project with the County's Department of Env~rom'aental Resources Management, heremaRer referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Deparmaent, as specifically set forth m Exhibit C and Article 9, hereof. ARTICLE 3: PAYMENTS TO GRANTEE/REIMBURSABLE: 1. The County shall pay to the Grantee as reimbursement of the Grantee's construction expenses, an amount not to exceed $500,000, provided the Grantee completes the project as described in Exhibits A and B, and meets the minimum estimated match requirement of $500,000 or 50% of the total project cost, whichever is less. Activitaes eligible for reimbursement include construction and consn'uction-related costs which are recurred after the effective date of this Agreement. Activities eligible for match reqtUrements include construction costs, (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), and funding from other grants. Costs related to in-kind services (e.g., planning, permitting & design) shall be limited to salaries and fringe benefits. Eligible matching funds will qualify for credit provided they are incurred after June 27, 2002. Grant funding can be used to match grants from other sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or more than one County or State-funded program. 2. The Grantee shall bill the County quarterly (by January 15, April 15, July 15 and October 15) m accordance Wath Exhibit B, Paragraph 5, for expenses actually incurred and paid, up to the amounts set forth in Exhibits A and B, for Interlocai Agreement, Page 2 limits not less than $1,000,000 per occurrence. With respect to Commercial General Liability, Grantee shall agree to add the County as an "Additional Insured." The Grantee agrees to maintain or to be self-insured for Worker's Corr~pensation & Employer's Liability insurance m accordance with Florida Statutes, Chapter 440. The Grantee shall provide a statement or Cemficate of Insurance evidencing insurance, self-inSurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above required coverages. The Cemficate Holder Vnll be: Palm Beach County, Department of Environmental Resources Management, 3323 Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548. The Grantee shall require each Contractor engaged by Grantee for work associated Vath this Agreement to maintain: A. Worker's Compensation coverage, in accordance with Florida Statutes, including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any pomon of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. B. Commercial General Liability insurance at limits not less than $1,000,000 each occurrence. The County and Grantee shall be added as an "Additional Insured". C. Business Auto insurance with limits of not less than $1,000,000 for e~ch accident. D. If the construction work being performed exceeds $200,000, a payment ~ pefforemnce bond for ~he total amount of its conslxuction contract, in accordance with Florida Statute 255.05. ARTICLE 6: INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28, Florida Statutes, as may be amended from nme to time, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, may or could sustam as a result of or emanating out of the terms and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28, Florida Statutes, as may be amended from time to time, and to the extent permitted by law, the Grantee agrees to indemmfy and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agents or employees, may or could sustam as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or wailful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 7: WARRANTY/PERSONNEL: The Grantee, as an independent contractor and not an agent, representative, or employee of County, warrants that all project- related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Interlocal Agreement, Page 4 vii. A Final Payment Request Summary Form (Exhibit C) for reimbursement of remaining eligible expenditures, including backup documentation; and viii. A copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. ARTICLE 10: ACCESS AND AUDITS: Grantee shall maintain books, records, and documents to justify all charges, expenses and costs recurred under this Agreement, in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this Agreement for the purpose of inspection and/or audits, during normal business hours, during the term of this Agreement, and for at least three (3) years after completion of the project. In the event any work is subcontracted by Grantee, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. ARTICLE 11: PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, as may be amended from time to time, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). ARTICLE 12: TERMINATION: This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided the Count5' will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein, if Grantee is performing this Agreement. ARTICLE 13: NOTICE: Any notice given under the provisions of this Agreement shall be in writing and shall be delivered by United States mail. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to each party: County: Department of Environmental Resources Management Arm: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 Interlocal Agreement, Page 6 preclude any other or further exercise thereof. ARTICLE 18: INCORPORATION BY REFERENCE Exhibits A through E attached hereto and referenced herein shall be deemed to be incorporated in this Agreement by such reference. ARTICLE 19: SEVERABILITY If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining pomons of this Agreement. ARTICLE 20: ENTIRETY OF AGREEMENT 1. The Grantee agrees that Exhibits A and B have been developed from the Grantee's funding application and the County expects performance by the Grantee in accordance V~th such application. In the event of a conflict between the application and this Agreement, this Agreement shall control. The County and the Grantee agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated hereto. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 2. Any minor modification to the project as identified in Exhibit A or B shall be subrmtted m writing to the County as a "Change Order" and shall be subject to the approval, prior to u'nPlementatiom of both the County and the State in accordance w~th Exhibit B, Section 20. (The remainder oft)tis page intentionally left blank.) Interlocai Agreement, Page 8 SCOPE OF WORK City of Boynton Beach NE 7th Street Stormwater Improvements Project DEP Agreement No. S0089 PBC Agreement No. Project Summary: The NE 7th Street Stormwater Improvements Project will provide stormwater management and water quality improvements for a 34-acre neighborhood located adjacent to the Lake Worth Lagoon in Boynton Beach. The project will route stormwater from the neighborhood to four stormwater retention ponds for treatment and peak flow attenuation prior to discharge to the Lake Worth Lagoon. A mangrove wetland area will be purchased by the City and incorporated into the stormwater management system design. Upgraded interconnecting piping will be provided under NE 7th Street, as required by the South Florida Water Management District, to enhance tidal flushing of the mangrove area. Estimated Estimated Completion Grant Estimated Estimated Activity/Task Date Amount Match Total Cost Design & permitting Nov 2003 $0 $150,000 $150,000 Procurement & award Mar 2004 $0 $0 $0 Construction Dec 2004 $500,000 $650,000 $1,150,000 Monitorin~ Mar 2005 $0 $ 100,000 $ 100,000 TOTALS $500,000 $900,000 $1,400,000 Expected Benefits: · Improve quality of the stormwater runoff before it enters Lake Worth Lagoon; · Preserve an mangrove wetlands area to be purchased by the City as part of the project; and · Improve drainage and provide general enhancement for the NE 7th Street area neighborhood. Measurement of Benefits: · In accordance with Exhibit D. Source of Matching Funds: · City of Boynton Beach Stormwater Utility Fund Interlocal Agreement, Exhibit A o 10. can be found in the Department of Financial Services' Reference Guide for State Expendi~ at www.dbf, state, fl.us/aadir/re ferenc¢ guide. The State of Florida's performance and obligation to pay under th~ Agreement is contingent upon an annual appropriation by the Legislature. The parties here~ understand that thh Agreement i~ not a cocamkment of futu~ appropriations. The C. vrantee shall submit quarterly invoices in conjunction with quarterly progres~ reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarter~ reports shall be submitl~ to the Department's Crran! Manager no later than thirty (30) days following the completion of the quarterly reporti~ period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarte~ ezuiing March 31, Sune 30, S~tm~-r 30 and Deccmb~ 31. Tbe Deparam~s Cazat Manager shall have tea (10) calendar days to review deliverables submitted by the Grantee. A final report is due to the Department no later ~han May 31, 2005 or thirty days prior to the end date of this Agreement. The final invoice is due to the Department no hter than Sune 20, 2005. Each party hereto agrees that it shall be solely respom~le for the negligent or wrongful ac~ of its employees and agents. However, noth/n~_ contained herein shall consfinne s waiver by either patty of its sovereign ~ty or the provisions of Section 768.28, Florida S~mes. Bo Tha Dzpamm~t may terminate ~ Agreement at any time in tbe ev~m of ~!~ ~ of ~ ~ ~ ~ (30) ~ ~ ~ no~e of i~ ~ m ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~t ~ ~ D~t ~d~g ~ ~s) f~ ~o~ Co The Deparunent may l~."rminate this Agreement for convemence by provjain~ the Grantee with thirty (30) calendar days written notice. The Grantee may terminate this Agreement for convenience by providing the Department with thirty (30) calendar days written notice. However, the Grantee understands that it must demonstrate that the mateh percent required for work perform~ to date has been met. ~f not, the Grantee shall reimbume the ~ for the anx)unt of funding needed to bring the match ratio This Agreement may be ~miln~ally canceled by the Department for refusal by the Grantee to allow public access to ail documents, ~ letters, or other mat,-iai made or received by the Crrantee in conjunction with this A~ unless the records ar~ exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), florida 5tato~s. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles comistently applied. The ~ the State, ct their authorized representatives ~ have access to such records for audit IXUpo~s dmin~ the term of this Agreement and for five years following Agreement completion. In the event any work is subco~ the Grantee shall shinlarly require each mbconwactor to maintain and allow accesa to such records for audit pmpo~s. In addition to the provisions contained in paragraph 9 above, the Grantee shah comply with the applicable provisions contained in Attachment C. A revised copy of Attaehment C, Exiu'bit-l, must be provided to the Cn'antee with each an'~ndme~t which authorizes a funding increase or deorease. The revised Ex~'bit- 1 shall ~ the ~m,4+~g sources supporting the Agreement for purposes of assisting the Grantee in complying with the requin~menn of Attaehment C. If tl~ Grantee ft0s to receive a revised copy of Attachment C, Extu'bit-l, tbe Grant~ shall notify the Deparunn~'s Grants Development and Review Manager at 850/245-2361 to request a copy oftbe updated information. 11. A. The Grantee may subconuact work under this Agreement without th~ prior written consent of the Deparm~nfs Grant Manager. The Grantee agrees to be respoml~ole for the fulffilment of ail work DEP Agreement No. S0089, Page 2 of S 18. 19. 20. 21. 22. 23. The Gzan~ covenan~ thnt it presently has no interest and sh, ll not acquire any interest wixich would conflict/n any manner or degree with the performance of services required. Upon safisfacto~ completion of this Agreement, the Gran~ may retain ownership of the equipment purchased under this Agreement. However, the Grantee shah complete and sign a Property Reporting Form, provided as Atta¢luneat D, and forward it along with the appropriate invoice to the Department's Grant Manager. The fotlowing terms shah apply. The Grantee shall have use of the equipment for the authorized p~ of the contractual an-angemmu as long as the required wo~ is being performed. Bo The Grantee is respom~le for the implementation of adequate maintenance procedures to keep the eqmpmont ia good operating condition. Co The Grantee is responsfole for any loss, damage, or tier of, ~d any lo~s, damage or injury caused by the use of, non-expendable personal property or equipnznt porcha.~ with state funds and held mhis po~es~ion forum in a contractual azrangmnent with the ~ performance, ~ eu:.). AH change orders ate subject to the nmmi ~n~mmt ~fbotb parties u evidenced in wr~.~. Any change order which causes an increase or ~ in the Grantee's c~t or ~ shall requ~ formal amendmem m this Agreement. If the Grantee's project involves envimnn~aUy related measurements o~ data generation, the Grantee share develop md ~lem~t quality assurance practices consi.rd~ of pdiciea, procedur~ spec~cations, standards, md documentation sufficient m produce data of qutlity adzquate to n~.t project objectives and to ,.,~.im/~,e 1o~ of dam due to out-of-control conditions or malfunctions. All samplin~ and analyses performed under ~ Asreemznt nmst conform with the requirements set forth in Chapter 62-160, Florida Ad-~t~.ative Code, md the Quality Assuran~ Requimmnts for Deparanent Agreemenn, attached hereto md made a ~ hereof as Attaehment g. No person, on the grounds of race, creed, color, rational origia, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to di~-,~tion in performance of this Agr~,tnm~t. Bo An entity or affiUate who has been placed on the discrimimtory vendor list may not submit a bid on a contract to lXovide goods or services to a public entity, may not submit a bid on a contract with a public entity fo~ the consuucfion or repair of a public bu0d+~ or public work, may not submit bids on leases of r~! property to a public entity, may not award or perform work u a co.factor, supplisr, sul~m~ct~, or consultant under comnct with any public entity, md may not tramact busings with any public entity. The Florida Depttunenx of Management Services is respom~b for maintaining the discx-im~ vendor list md intends m post the list on its website. Questions tegtrd~g the di,~-iminatory vendor list may be directed to the Hot-ida Deparmm~t of blanageme~ Service~, Office of Supplier Diversity, at 850/487-0915. This Agreemm r~presents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of ptovisiom of flxis Agr~nnent shall only be vtlid when they have been reduced to writi.~ duly signed by each of the parties hereto, md attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTION~Y LEFT BLANK DEP Agr~ment No. S0089, Page 4 of 5 ATTAINT A PROTECT WORK PI,AN LAKE WORTH LAGOON PARTNERSi:ITp GRANT PROGRAM Since 19~8, 25 con-fm~fion projects to benefit take Worth Lagoon (Lagoon) have been funded by the State Legislature through the Florida Departzt~ of Environmental Protection's (DEP) budget. These projects, under the ~mhreHa of the Lake Worth Lagoon Panne~lfip Grant Program, n.re designed to benefit the habitat and water quality m the Lagoon. Spec~c Appropriation Item 1769 of the State Fiscal Year (SFY) 2002-2003 budget appropriated $2.5 mflEon to the Palm Beach County Board of County Commi.~sioners (County) for Surface Water Restoration of the Lake Worth Lagoon. Of the $2.5 ~lllon, $15,000 ~ be dire~ to DEP Agreem~t No. WM853, for a DEP Prelimmry Pollutant Loading and A.~seasment Study for Nol~em palm ]~ach County. T~ County wi]] ut~ize the i~g $2,485,000 for five construction projects, Lagoon monitoring and grant a~-i~tntion. Under no conditions will grant fimda be used for land acquisition. The County ~ eater into hltorlocal A~reelnel~ Mth the City of Boynton Beach, the Town of Ocean Ridse, the Westgate../~elvedere Co ....... miry R~ievelopment Agency tad the City of West palm Beach for four of the projects listed below. It should be noted that ail projects ar~ a benefit to the h$oon and ar~ in accordance with the Lai~ WortA Lagoon Management Plum. The following is a summazy of the projects fund~ under the Lake Worth Lagoon Pa~menhip Grant Program for Sl~' 2002- 2003. Project No. 02-1: NE ~ Street Stormwater Improvements Proleet City of Boynton Beach Graslt Award: S500,000 a 34-.aore nei~ loca2d adjacent to the take Worth lagoon in Boynton Beach. The project ~ route stomnsater ftmn a resident~ neighborhood to four stormwat~ retention ponds for treatment and peak flow attenuation prior to discha~e to the management system design. Upgraded interconnecting piping will be provided under NE 7~ ~ aa mtuimd by the South Florida Water Mamsetnent District to etthance tidal flushing of the mangrove area. The City ~ ase matching funds for ~ ac, qu~ition of land for this project. The City ag~ea that the t~m,4, used to purchase the land ~xztl not be used a~ n~h to my othe~ Agreement support~ by State or Federtl f~nds. Dellverable~ 1. Quarterly progress r~ports wR! be sul~nitted. 2. A fual report will be submitted and will include: o Project ~ including photographa tzken before, during and trier construction; o Identification ofproject benefit(s) to the Lagoon; o Certification of Completion by project sponsor that project has been constntcted as propmed; o Total Fiml Project CO~ o Total Matching Funds; o Total Grant Awzrd Amount; md o Final invoices and backup do~menmion. QA Requirements The DEP contract will not t~nimrse fro' the monitorin~ requiremmts of this project. reqnit~ts for this pmj~ s~ ~tod into the t~ferenced Agreemmt. Prolect No. 022: Stormwater ImnrgvflpenU - phase H Town of Ocean Ridge Grant Award: S400,000 The Ocean Ridge Stormwater hnprovenwnl3 Project will prov/cle a new stozmw'ater system to treat water from a 70-acre r~identhl area in the southeast portion of the Town prior to d/scharge to Lake Worth Lagoon. ~y, tim area drains stotmwM~ ~o~gh a series of old, undenized pipes and discharges the flows to tl~ Lak~ Worth Lagoon with no pre-treaunent. Wate~ quality i?rovemmts will be achieved ~ a 2.4=ac~ wet detention system on Town property, as well as a new syMz'm of stmctur~ and piping ckaigned to improve tbe gravity flow of stormwnter md redace cuntaxnination to ~,~,...,vater will be captumt aud pumped to the dL-tL*ntion area where a mtaction in suspended solids, BOD, and nun'ients will DEP Agreement No. S0089, Attachment A, Page I of 6 Canal The stormwater retention area will also attenuate storm water discharge rates reducing flooding potential as well as help reduce peak discharge to the C-51 canal and the Lake Worth Lagoon Phase I comlruction begen in November 2002 and will not receive any Lake Worth Lagoon l~'ant funds. SlY 2002-2003 grant dollars will partially fund Phase ri of the project. Project DeHverables 1. Quarterly progress reports will be submitted. 2. A final report will be submitted and will include: o Project ~ including photographs taken before, during and trier consmiction; o Identification of project benefit(s) to the Lagoon; o Certification of Completion by project sponsor ttmt project has been consuucted as proposed; o Total Final Project Cost; o Total Matchin..o Funds; o Total Grant Award Amount; and o Final invoices and backup documentation QA Requtrements The DEP conu'act will not reimburse for the tnonitoring requirements of this project. requiren~mts for this project are incorporated into the refei-~ced A~reement. As such, no quality assurance PFoJe~ ~q0. 02-S: Gm-den Avenue Drainafe-Phase I City of West palm Beach GFant AwaFd: $S00,000 The Garden Avenue Drainage Projec~ proposes to uti]ize omi~ stormwater retention t~odgh 8 ~ system to u~.at storm watL, r runoff. In addition, the City will re-use the st~,...,~atet, when avtflable, ~om the lakes for 8o2f'com~ nip~on. - The project includes inst~lation of drainage pipes, · stormwater p? station, and excavnlion of approxima~l¥ 7.6 acres of new lake area. The retention pond(s) will have · minimum of one inch of treatment volume. Initial/nvesligations indicate that the grounclwa~r level in the po~-ntial re~ntion pond areas is relatively shallow. Consequently, runoff will be collected in a smnp and p-?ed into the retention pond(s). The ~ of the pond (s) will be landscaped; however they will not function as a "littoral zone" since the slopes will be mostly city. The City will nddresa arsenic contamination issues associated with construction and operation of the retention area to the satisfaction of the Department of Environn~ntal Protz~-tion (DF, P) mior to consmiction of tl~ project such that the project can be completed by the expiration chte defined in P~agr~ph 2 of this Agreen~nt. Project Deliverables 1. Quarterly progress reports will be submitted. 2. A R~ml report will be submitted md will include: o Project ~ including photographs taken before, during and after consUuction; o Identification of project benefit(s) m tl~ Lagoon; o Certification of Completion by project sponsor that pr~ect has been conslructed as proposed; o Total Fimi Project Cost; o TotalMatchi,%- Funds; o Total Grant Award Amount; and o Final invoices and b~imp docun~-nntion. QA Requirements The DEP corm-act will not reimburse for the monilmin~ requirem~u of this project requiren=~-nu for this project are incorporated into the referenced Agreement. Proiec~ NO- 02-6: Lab Worth Lanoon Monltorinn Palm Beach County Board of Connty Commissioners ~tmount: S110,000 The contmui~ Lake Worth Lagoon Monitoring Project will consist of vzrions sub-projects with the overall objective being to determ~ whether the Lagoon's environmentni health is improving hsed on Ibc implementation of construction projects designed to benefit the Lagoon's habitat and water quality. It is expected that the sub=projecu for Sm~ Fiscal Year 2002-2003 DEP Agreement No. S0089, Attachment A, Page 3 of 6 GRANTEE: A~fACt[MENT B PAYMENT REQUEST SUMMARY FORM GRANTEE'S GRANT MANAGER: DEP AGREEMENT NO.: DATE OF REQUEST: AMOUNT REQUESTED:$ PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMARY SECTION GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above wu for items that were charg~ to and utilized only for the above cited grant activi~es. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone N~n~er DEP Agreement No. S0089, Attachment B, Page 1 of 1 PART H: STATE FUNDED This pan is applicable ffthe recipient is a nonstate entity as defined by Section 215.97(2)(I), Florida Statutes. In the event that the recipient expends a total amount of State f~nancial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local $ovetmrr~ntal entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State ~-a-cial as,sistance awarded through the Department of Enviro-rr~ntal Protection by this Agreement. In determining the State fillalwiM assistaace expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards a~[ resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Pan 1I, paragraph I, the recipient ~ ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submit*ion of a financial repo~-g package as defined by Section 215.97(2Xd), Florida Statutes, and Chapm's 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor If the recipient expends less than S300,000 in State financial assistance in ils fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends lc_ss than $300,000 in State. financial assistance in. its. fi,scat year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the aud~ rmt~t be paid from the non-State entity's resources (i.e., the cost of such an audit nmst be paid from the recipient's resources obtained from other than State entities). For ixfformation regardi,,g the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htto://sun6.dms.state.fl.us/fsaa/catalot.htm or the Governor's Office of Policy and Budget website located at htW_ ://www.eotstate.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislatu~'s Website htto'~/www, le_t.state.fl.us/. Governor's Website httV://www.fl_tov.com/, Department of Financial Services' Website htW://www, db f. state, fl.u.s/ and the Auditor General's Website htW://www.state, fl.us/aud_ten. PART 1II: OTIiXR AUD1T REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding ent~'ty that are solely a matter of that State awarding entity '$ policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Stamtez, State agencie~ may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statute. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SU~MIS,qlON Copies of reporting packages for aud/Is conducted in accordance with OMB Cixcular A-133, aa revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Cixcular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environn~-ntai Protection at the following addr~: DEP Akq-eement No. S0089, Attachment C, Page 2 of S Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submined timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.$50 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when mbmit~g financial reporting packages to the Depot of Enviro~tal Protection for audits done in accordance with OMB Circular A-133, or Chapter~ 10.$50 (local governmental entities) or 10.650 (nonprofit and for-profit organizatiom), Rules of the Auditor C-eneral, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RXCORD RE--ON The recipient ,h~ll retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 yea~ fix~m the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request The recipient shall emure that audit working papers are made available to the [k'parnn~ of Enviromnenml Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless e~ in writing by the Depanmmt of Ea~ Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0089, Attachment C, Page 4 of 5 B. In addition to the NELAC-compliant laboratory report, the CONTRACTOR shall require that the laboratory provide additional information to satisfy the "Tier l"(basic reporling options) validation requirements as outlined in DEP-QA-002/02. C. The data for validation purposes shall be submitted in the eleclxoni¢ format specified in DEP-QA- 002/002. D. All applicable d~ta qualifier codes as mandated by Chapter 62-160, F.A.C. and included in DEP- QA-002/02 shall b~ u.sed. E. The CONTRACTOR shall adhere to the documentation and records requirements for project dat~ contained m DEP-QA-002/02. F. All field and laboratory records that a~ associated with work performed under ~.is contract shall be orgamzed so that any information can be quickly and easily retrieved. 5. A~rrs A. AUDITS BY TIlE DEPARTMENT - Pursuant to 62-160.650, F.A.C., the Depamnent may conduct audits of field and/or laboratory activities. In addition to allowing Deparunent representatives to conduct onsit~ audits, t~ CONTRACTOR, upon r~:lUest, mu~ provide the Dep~ t~-nt w~th the requested information, including the raw analytical data for all analys~s of a sample (reg~:lles~ of whether the data ar~ reported). If an audit by the D~ent results in a d~t¢~'~,~nation that the data ar~ not usable for the proposed purpose, the Department res~wes the right to reject the data and r~qui~ that the Orant~e must submit a plan for con'ective acticm w~hia t. hirt~ (30) days of notice by the DepOt that corrective actions are ~ T~ Cu'~t~ ~-ii ~l~nent the plan within thir~ (30) da~s of the plan approval by thc ~. F~/I~re m submit and/or implement a corrective action plan within the required ~ fi'an~s will result in tmmimti~n of that portion of the A~t referr~ to a~ the Lake -Worth Lag, o~ M~titor~g Pr~ect. B. PLANN~G R~vr~w AUDITS - 1. Initial: Within one month ain't th~ second sampling and analysis event has been completed (including all analyses), the CONTRACTOR and all associated subcontractor~ shall review the plmming document (s~ 6 below) relative to the field and laboratory activities to de~;,~ine if the data quality objectives are being met, iden6~ any improvements to be made to the process, and ~fine the sampling design or schedule. A summa~ of the review, including any corrective action plans or amendments to the plarming document shall be sent to the DEP Contract Manager within one month of the review, and a copy shall b~ maintained 2. Ongoing: Planning r~views as d~scribed in 1 above shall occur annually. C. QUALITY SYSTEMS AUDITS - Thc CONTRACTOR and all subcontractor~ shall ensure that the required laboratory and field quality s~st~ and management ~stmns audits are performed, and documented in the orgnr~ation's records. D. STA~ Ol~ USABILITY - As a part of the audit process and th~ final report, the CONTRACTOR shall provide stat~nents about data u~bility relative to the Project Data Quality Objectiv~ and Data Quality Indicators. Option B - Project Proposal/S~mpling and A~alysis Plan A. Within 30 days of ¢ont~'~t execution, the CONTRacTOR shall submit a detailed project proposal or sampling and analysis plan that discusses the i~formation contained m the document "Req~ts for Field and A~I~¢~ Work Perf~ned for the Depar'anent of Environmental Protection Under Contract, DEP-QA-002/02. B. The CONTRACTOR and affected subcontractors have thr~ (3) opportunities to submit their an acceptable sampling a~d analysis plan to thc Department. If any plan fails the appro~l process thr~ (3) tin~s, thc DEP may terminate the Contract in its entire~ AND UTI'I.I~ ~ BACK- DEP Agreement No. S0089, Attachment E, Psge 2 of S PAYMENT REQUEST SUMMARY FORM FOR ENTERLOCAL AGREEMENT GRANTEE: CO. AGREEMENT NO.: R DATE OF REQUEST: AMOUNT REQUESTED:$ GRANTEE'S GRANT ,MANAGER: PAYMENT REQUEST NUMBER: PERFOILMANCE PERIOD: MATCHING REQUIRED $: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period' AMOUNT O~ TOTAL 'MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENTS MATCHLNG (including this FUNDS request) (including this requ~? Salaries N/A N/A $ $ Fringe Benefits N/A N/A $ $ Travel (if authorized) N/A N/A $ Subeontraeting: Planning N/A N/A $ Design N/A N/A $ $ Cons~'uction $ $ $ $ Construction Related Costs $ $ $ $ Equipment Purchases $ $ $ $ Supplies/Other Expenses $ $ $ $ Land N/A N/A N/A N/A Overhead N/A N/A $ $ TOTAL REQUESTED $ $ $ s TOTAL GRANT AGREEMENT Less Total Cumulative Payments of: TOTAL REMAINING IN GRANT GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reUnbursement above was for Items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number Interlocal Agreement, Exhibit C pollutant loading reduction calculations in pounds per year for each parameter of concern on a pre vs. post basis; and narrative summarizing the methodology used to determine pollutant load reductions with conclusions regarding the projects benefit(s) to the Lake Worth Lagoon. FOR HABITAT RESTORATION PROJECTS Grantee shall be responsible for demonstrating the projects benefit(s) by providing the following information, as applicable: Total acres of habitat enhanced or created; Total acres of each type of habitat enhanced or created by type; Total acres of scrapedown area and or filled area; Types and numbers of plants used; Types, volume and acreage of stabilization material used; and Types, volume and acreage of artificial reef material used (per each deployment). The following information shall be provided as a part of the final report, including a written summary, photographs, graphs, charts, and tables as appropriate: 1) Site conditions prior to deployment; 2) Site conditions immediately after project completion (baseline report); and 3) Site conditions within one (1) year of project completion (or end of contract period); Interlocai Agreement, Exhibit D V.-CONSENT AGENDA ITEM c.g. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Da~es Date Final Form Must be Turned in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the proposal to provide consultant services to evaluate Track-It! installation and provide best practices process recommendations and a plan for effectively moving to Track-It! 6.0 in the amount of $4500, plus travel expenses from I.T.S. account #001-1510-513-49-17. EXPLANATION: The I.T.S./G.I.S. Department currently uses Track-It! computer program to record and track work requests and PC inventory. To provide better accuracy and timely account of the PC's inventory across the enterprise and to build the knowledge base for the end users to resolve routine PC problem on their own, it is necessary to upgrade and customize certain features within the software. The request is for assistance fi.om the program developer to assist in the migration process. PROGRAM IMPACT: The I.T.S. Help Desk staff uses Track It! to capture work orders and request to correct PC's, printers, phones, hardware/software including GIS errors while creating a working knowledge base to provide basic solution to the end users. With the GASB34 government mandate that all government agencies have an accurate account of inventory, Track It! provides the tools to meet the mandate by tracking over 400 PC's across the enterprise. I.T.S. uses the program to identify and target PC replacement in the yearly budget. This program has already assisted the I.T.S. Department in reducing the amount of PC's needed in the fiscal 2003-2004 budget. I.T.S. reduced the PC replacement by $35,000 fi.om last year budget. FISCAL IMPACT: Funding is available in the I.T.S. account #001-1510-51349-17 (Other Contractual Services) in the amount of $4500, plus travel expenses. ALTERNATIVES: We can a~alpt to, ffodify the codes in house. However, we may also jeop~warranty. ~/o(er Wallace, Director of I.T.S. ~ffl,~ City Manager' s Signature I.T.S. City Attorney 7 ~'inance / Human Resources S:~BULLETIN~ORMS'cAGENDA ITEM REQUEST FORM.DOC ,~]ntu,t~ I.formation Technolo~ Sol.tions Proposal to Provide Consulting Services to City of Boynton Beach 6, June 2003 Quick Start Program Description Implementation & Training la~cm~a ?eehaelel~ selufleal Unless noted otherwise in the Project Approval section of this document, Intuit IT Solutions provides professional services on a cost plus expenses basis. All related travel expenses including airfare, rental car, hotel, meals, etc. are not included above and are billed at cost in addition to the quoted pdcing. Intuit IT Solutions makes every effort to manage expenses within a reasonable level, including use of coach airfare, mid-size rental cars, etc. Anticipated expenses that are out of the ordinary in nature will be subject to prior approval by the customer. Formal sign-off and approval by the client is required prior to beginning the project. Scheduling the project can begin only upon receipt of acceptance. The Statement of Work agreement signed by an authorized agent of Client and returned to IITS is considered evidence of approval. We anticipate being able to staff and conduct the pilot beginning three to four weeks after approval. In order to meet the objectives of this project and as appropriate, client will be required [] Provide timely response to all requested information [] Coordinate schedules of necessary systems and technical resources to maintain the project timeline. [] Provide access to necessary servers, networks, computers as needed including proper security clearances [] Provide staff resources to facilitate timely completion of assigned project tasks [] Communicate with the project team to inform them of our activities and request compliance [] Communicate and coordinate with management to ensure project activities are being viewed appropriately [] Provide adequate hardware (servers, etc.), software (operating systems, database, IlS, etc.) and connectivity (network to ail pilot locations) to meet minimum recommended specifications for the use of Track-It! in your environment. [] Provide workspace and connectivity for our consultants while we are on site and access to training rooms, meeting rooms or other facilities as dictated by project requirements. Note: Third-party integration, data migration from other applications, custom Crystal report development and custom programming cannot be estimated until further definition is completed and they are not included in this proposed statement of work. Such activities would be defined and a statement of work including costs will be wdtten for your approval prior to beginning work. This document is confidential. It may not be reproduced, distributed o~ otherwise shared with unauthorized persons without the express written consent of Intuit I.T. Solutions 6/6/2003 Initial 3 of 5 Quick Start Program Description Implementation & Training All correspondence to Intuit Information Technology Solutions should be sent to the attention of: Joe Krolak Division Director, Professional Services Intuit Information Technology Solutions, Inc. 2202 North West Shore Boulevard Suite 600 Tampa, FL 33607 Email: joe krolak~,intuit.com Ph: 813-227-4500 Fax: 813-227-4501 Client's requesting and approving services by signing a Statement of Work agree to make payment to Intuit Information Technology Solutions Inc (IITS) for services rendered. While it is our expectation that client's will be completely satisfied with our services, in the event that they are not, the following process must be followed: Intuit Information Technology Solutions and Intuit Information Technology Soluti(ms Consulting Services have successfully met all performance criteria and completed this project, meetJrxj att requirements as defined in our proposal, description of work or other written binding agreement unless you notify us within 10 business days of the close of our engagement and state otherwise. Changes to deliverables, services or activities made during the engagement are enacted only per your request and may modify, eliminate and/or replace one or more of the originally agreed upon deliverables, services or activities as defined in the original binding agreement. Modified deliverables, services or actions may not be disputed. This includes any agreed upon changes to the project agenda, schedule, content or focus of the project made during the engagement. Our liability is limited to the contracted cost of services rendered. We are not responsible for failure to deliver due to acts of nature, war, terrorist activity or for loss of data, employee time, business revenue or any other monetary costs. When providing written notice, please provide a complete description of your open items, a description of your suggested remedy in order to consider the open item(s) complete and complete contact information. IITS will provide a written response within 10 business days. This document is confidential. It may not be reproduced, distributed or otherwise shared with unauthorized persons without the express written consent of Intuit I.T. Solutions 6/6/2003 Initial 5 of 5 0 ~0 0 ~ C 0 0 Quick Start Program Description Implementation & Training The Statement of Work agreement is for services only and is exclusive of all software license costs. We expect completion of Quick Start programs as defined in the time and cost provided in the Statement of Work agreement. Should the project's scope, deliverable dates or deliverables change at the client's request, we will provide an addendum statement of work including the additional cost (or a daily rate if appropriate) for approval prior to beginning work on the out of odginal scope activities. By signing the Statement of Work, clients agree to: 1. Engage IITS on this proposed project and 2. Payment of the quoted fees Services will be invoiced upon completion of the project or on an interim basis for work completed to date at the end of each calendar month during the project, whichever is earlier. i Project Cost Consulting Services * Note: Travel expenses are included. $4,500* Payment terms are Net 30 in U.S. dollars. This document specifies our entire agreement to provide services for your organization with regard to this proposal. An authorized representative of your organization must sign and date this document. You may fax this signed document to (813) 227-4501 Attention: Professional Services. Printed Name: City of Boynton Beach Printed Name: Intuit IT Solutions Joseph Krolak Signature: Signature: Title: Title: Division Director of Professional Services Date: Date: 6/6/2003 This document is confidential, it may not be reproduced, dislzibuted or otherwise shared with unauthorized persons without the express written consent of httuit I.T. Solutions 6/6/2003 Initial 4 of 5 Quick Start Program Description Implementation & Training Thank you for requesting services from Intuit IT Solutions. We are pleased to present this statement of work. Should project scope change due to the availability of new or different information, our costs may change. Should such an event occur, you will be provided a change of scope document and the opportunity to approve any cost changes prior to any out of scope activities. You have requested consultative services to evaluate your current Track-It! installation and provide best practices process recommendations and a plan for effectively moving to Track-It! 6.0. Upgrade Aa~istance, Process Verification and Training This program is designed for Enterprise customers already in production using Track-It! 5.0 who would like a Technical Consultant onsite to install the Enterprise 6.0 product and assist in migrating processes and key data elements to take advantage of new functionality. We will also conduct product training for your staff. Activities include: 1. Discovery: Evaluation review of your current installation, core processes and existing data [3 Evaluation of your purchasing processes for gap comparison to Track-It! 6 functionality Recommendations regarding process flow improvement [3 Identification of possible issues and opportunities Best Practices Recommendations Configuration recommendation options 2. Upgrade to 6.0 Backup of existing data set Installation of 6.0 and bundled add-ons [3 Check for and install required OS and Track-It! updates Environmental review (check for disk space, configuration, etc.) [3 Upgrade from Previous Predefined data moves table import(s) Modification of key drop downs to meet new processes 3. Presentation-based Training [3 Administrator Update training for up to 2 students [3 Help Desk Specialist training Time: 3 days total Scheduling: At least 3 weeks advance notice from receipt of PO to engagement Note: Ail existing data including inventory and user data is brought fonvard. A new feature in 6.0 is the User Authentication Import feature. Please note that this feature is intended only for new installations with no existing user/inventory data. Due to the split of work station and users, running the user importer will not retain the historical links between the user and the existing inventory data. Re-establishing these links is not included in the above process but can be provided on a time and materials basis upon request. Note: Third-party integration, data migration from other applications, custom Crystal report development and custom programming cannot be estimated until further definition is completed and they are not included in this statement of work. Such activities would be defined and a statement of work including costs will be written for your approval prior to beginning work. This document is confidential. It may not be reproduced, dismbuted or otherwise sharot with unauthorized pe~ons without the express written consent of Intuit [.T. Solutions 6/6/2003 Initial 2 of 5 RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT BIZTWEEN THE CITY OF BOYNTON BEACH AND INTUIT INFORMATION TECHNOLOGY SERVICES, PROVIDING FOR THE CONSULTANT SERVICES TO EVALUATE THE TRACK-IT SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of the City's ITS Department, deems it to be in the best interests of the residents to enter into a Consulting Service Agreement with Intuit Information Solutions, for the Track-It installation 6.0, in the amount of $4500 plus travel expenses; NOW, THEREFORE, BE Tr RESOLVED BY THE CTI'Y COMMZSSZON OF THE CTI'Y OF BOYNTON BEACH, FLOR]:DA, THAT: ~ The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to execute a Consultant Service Agreement between the City of Boynton Beach and Intuit Information Technology Services, a copy of said agreement is attached hereto as Exhibit "A." ~ This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner -. Commissioner City Clerk (Corporate Seal) cm\r~o\~r~r~\Int~it Technok)gy Services TO: CC: FROM: RE: DATE: CITY OF BOYNTON BEACH, FLORIDA MEMORANDUM Peter Wallace, ITS Director Bill Atkins, Purchasing Manager (w/o attachments) Cathy McDeavitt, Assistant to Director of ITS (w/o attachments) Michael J. Pawelczyk, Assistant City Attomey ~"~-y Inuit Proposal to Provide Consulting Services July 9, 2003 I am informed that on or about July 3, 2003, you dropped off the attached revised proposal of Intuit, said proposal dated June 6, 2003, and received by your department on June 6, 2003. Although the document was not accompanied with a memorandum requesting some assistance, I can only assume that you are requesting legal review of the form of the revised proposal. The proposal has been reviewed and the following should be noted: 1. In my memorandum to your department dated May 21, 2003 (attached), I asked in Para. 4 what the term, "Net 30 in U.S. Dollars" means under the proposal section entitled "PROJECT APPROVAL." Please make sure that the payment terms are satisfactory to the City. 2. In my memorandum dated May 21, 2003, I asked who the city is purchasing the software from, as under the proposal section entitled "PROJECT APPROVAL," it is stated that the services to be provided by Intuit is exclusive of any licensing costs. Be advised that the City may bear some additional expense for software licensing fees, unless the City is already under agreement with the software provider. If the City is not under contract with the software provider, the software provider will likely require the City to enter into a license agreement in addition to the agreement/proposal with Intuit. 3. Provided that you are satisfied with the content of the proposal, I have no other comments. Please advise whether this item will be brought before the City Commission for consideration in the near future. Should you have any questions regarding the proposal or the comments above, please do not hesitate to contact me. Attachment s:XcaLMJPhmemosX2003\Wallace (Intuit Proposal) 07-09.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V.-CONSENT AGENDA ITEM C.10 Requested City. Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 5. 2003 July 14, 2003 (Noon.) [] October 7. 2003 [] August 19, 2003 August 4. 2003 (Noon) [] October 21, 2003 [] September 2, 2003 August 18, 2003 (Noon) [] November 5. 2003 [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3. 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Approve the 2003-2004 updated Pay Plan for City Employees. EXPLANATION: The pay ranges covering all City employees have been reviewed and the following changes are recommended effective 10/01/03. We did not increase our ranges or make any modifications to our pay plan on last year because our position in comparison to other local agencies was still competitive. In retrospect, this proved to be a cost saving measure. In analyzing our position this year, we have reviewed each of this year's major surveys (Public Employer Personnel Information Exchange, the HR Management Partners, Inc. in conjunction with the Florida League of Cities and the Florida Public Personnel Association, Business and Legal Reports and variety of others) and determined that our position comparatively has declined for a number of positions and could significantly impact our ability to compete for and retain qualified employees. Due to Budget constraints, we are requesting to modify the plan only in those classifications where absolutely necessary and not the entire plan. PROGRAM IMPACT: The pay plan affects all City employees. It is vitally important that the city maintain an equitable plan in place as it contributes to the overall welfare and well being of Our employees. Compensation for our Police Officers, Police Sergeants, Police Lieutenants and Firefighters have been agreed upon through the collective bargaining process and these are structured differently from the basic overall pay plan for general employees. FISCAL IMPACT: · There are five employees who would have to be brought up to the minimum of the new range. The annual amount to bring these employees to minimum is $5, 160. A higher grade maximum may bring those employees who have reached the current maximum of their grade (and receive a lump sum increase) back into their rate range. Any annual increase they receive will again be added to base. ALTERNATIVES: · Do not approve recommended pay plan modifications. · Approve salary range percentage increase for entire pay plan. ~~:~ov~dditionai classifications other than those recommended. S:xBULLETI~,I\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Name City Attorney ,',~ihance / Human Resources S:~ULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION R03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING THE 2003-04 PAY PLAN; AUTHORIZING T HE CITY MANAGER T O APPROVE INTERIM PAY RANGES FOR NEW AND/OR PENDING POSITIONS; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the Human Resource Department has reviewed every position and :onducted a comparison with the most current mrvey and market data; and WHEREAS, it is vitally important that the City maintain an equitable pay plan in >lace, to ensure that we are able to compete for, and retain qualified employees; and WHEREAS, the attached Pay Plan contains the outcome of this comprehensive :eview, as well as the City's policies that are directly related to pay; and WHEREAS, there are some positions that have been reviewed and are still )ending a final determination of the classification analysis by the City's compensation :onsultants, and staff recommends that the City Manager be authorized to approve interim pay ranges for these new and/or pending positions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby approve and adopt the 2003-04 Pay Plan, a copy of which is attached hereto as Exhibit "A", and made a part hereof. Section 2. That the City Manager shall be authorized to approve interim pay Iranges for new and pending positions. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner 'TEST: Commissioner Commissioner Clerk ~,Corporate Seal) DEPARTMENT OF HUMAN RESOURCES MEMORANDUM NO. 03-028 To: From: Date: Subject: The Honorable Mayor and City Commission Arthur L. Lee, Director, Human Resources August 1,2003 Pay Plan for Fiscal Year 2003 - 2004 Attached for your information is the completed pay plan for fiscal year 2003 - 2004, a listing containing position classifications that are new, reclassified or deleted from the previous pay plan, and job descriptions for new and reclassified positions to be approved. In updating the previous pay plan document, every single position was review and compared to the most current survey and market data. The data utilized in this review consisted of the following: · Public Employers Personnel Information Exchange Salary Survey 2003 · Fla. League of Cities, Fla. Public Personnel Association in conjunction with HR Management Partners, Inc. Salary Survey 2003 · Business and Legal Reports Survey 2003 · Palm Beach County Pay Plan 2002 - 2003 · City of Tamarac Fire Service Survey · City of Highland Beach Salary Survey · Market Survey data submitted by the ITS Director and Fire Chief · Surveys conducted of specific requested positions by Human Resources Although, we conducted a review of the entire plan and all classifications, we more specifically focused on those positions where inequities existed. For the most part our plan continues to be comparable or within 5% of the mean for the majority of our job classifications. For those where adjustments have been made, all employee rates in these classifications, except for five (5), fall within the adjusted salary range. As for the five (5), we must bring them up to the minimum. In the final review, there are some classifications still pending pursuant to a final determination of the classification analysis by the city's compensation consultants. As a consequence, we are requesting commission approval for the City Manager to have authority to approve interim pay ranges for any new and pending positions. We are further recommending that we research the possibility and consider conducting a compensation study/analysis next year, as it has been five years since the last study was done. We thank each of you for your cooperation. have additional questions or concerns. .'l'~bank.you, Arthur ~. Lo~' ~ ../) - Cc: Kurt Bressner, City Manager Please feel free to contact me, if you Attachments LISTING OF NEW CLASSIFICATIONS, CLASSIFICATIONS WITH NEW GRADES AND DELETED CLASSIFICATIONS FOR 2003-2004 PAY PLAN * Please note below the listing of new classifications and reclassifications pending approval in the 2003-2004 budget. New Classifications Classifications w/New Grades Deletions Administrative Associate Assistant Dir., Human Resources Assistant Warehouse Manager Deputy Dir., Parks & Recreation Dir. Organiz. & Strategic Develpmt. Engineer Manager, Aquatics Manager, Zomng & Licensing Master Electrician Supervisor, Aquatics Supervisor, Solid Waste Pending Pursuant to final determination by City Manager: Route Auditor/Cust Serv. Rep (new) CADD Techn./Design Spec. (new) Recreation Leader (new P/T) Office Assistant Senior to Admin. Clerk (reclass) Chief Field Inspector to Supervisor Inspections & Locations (reclass) Parks & Recr. Crew Leader to Parks &Recr. Crew Leader Senior (reclass) Administrative Secretary to Admm. Assistant (reclass) Crew Supervisor to Parks Manager (rectass) Accounts Payable Specialist Ammal Control Officer Assistant Fire Marshall Assistant Director, Development Assistant Dir., Finance/Audit Mgr. Asst. Dir. Public Works/City Engineer Assistant Police Chief Building Inspector Building Inspector, Senior Buyer, Senior Building Official CADD Technician CADD Techn./Design Specialist Chemist & Quality Assur. Officer Commumcations Dispatcher Communications Specialist Community Service Officer Deputy Dir. Fmance/Purch Agent Deputy Fire Chief Deputy Fire Marshall Dir. Fire & Emerg. Medical Serv. Director, Information Tech. Serv. Director, Publ. Works & Engr. Director, Recreation & Parks Electrical Inspector, Senior Engineering Plans Anal/Inspector Environmental Inspector Environmental Coor./Safety Offc. Fleet Mechanic Fleet Mechanic, Senior Fire Battalion Chief GIS Analyst Imaging Technician Manager, Community Redevelmt. Manager, Risk Management Parks/Recreation Crew Leader Permit Application Technician Plumbing & Mechanic Inspector Plum. & Mech. Inspector, Senior Police Chief Police Major Benefits Specialist Chief Utilities Field Inspector City Manager Civil Engineer Director, Engineering Human Resources Assistant Insurance Claims Specialist Inventory Control Specialist Human Resources Coordinator Manager, Professional Development SUMMARY OF MODIFICATIONS AND UPDATES TO PAY PLAN FOR FISCAL YEAR 2003-2004 PAGE # UPDATE Front Cover - Page 1 Changed fiscal year to 2003- 2004 Page 2 Deleted reference to Admin. Policy Manual 6.5.1 Page 2 Updated page #s Page 3 Updated fiscal year reference Page 6 Added under demotion "mid-point of" Page 10 Under Sick Leave Pay, deleted "forty" hours and changed to "The following hours" and added: · Up to 40 hours per year may be taken for regular 40 hour weekly employees · Up to 72 hours for Fire shift employees · Up to 57.5 hours for regular Police 11.5 hours shift employees Page 12 Same as page 2 above FLSA STATUS - NON-EXEMPT CLASSIFICATIONS Page 14 Accounts Payable Specialist- Grade chg. from 10 to ~ 1 Administrative Associate - New classification grade 9 Animal Control Officer - Grade chg. from 11 to 13 Assistant Fire Marshall - Grade chg. from 18 to 19 Benefits Specialist - elirmnated Building Inspector - Grade chg. from 16 to 17 Building Inspector Senior - Grade chg. from 18 to 19 Page 15 Buyer Senior- Grade chg. from 14 to 15 CADD Tecb_mcian - Grade chg. from 12 to 13 CADD Techn./Design Spec. - Grade chg. from 14 to 15 Chermst & Quality Assurance Officer - Reclass. from 17 to 20 Communications Dispatcher - Grade chg. from 9 to 10 Communications Specialist - Grade chg. from 11 to 12 Community Service Officer - Grade chg. from 9 to 10 Page 16 Deputy Fire Marshall - Grade chg. from LTB to 23 Electrical Inspector, Senior - Grade chg. from 16 to 1 ? Page 17 Engineering Plans Analyst/Inspector - Grade chg. from 16 to 18 Environmental Inspector - Grade chg. from 11 to 16 Fleet Mechanic - Grade chg. from 13 to 14 Fleet Mechanic, Senior - Grade chg. from 14 to 15 Page 18 Human Resources Assistant - eliminated Imaging Supervisor - Title correction to Imaging Technician Insurance Claims Specialist -Grade change from 11 to 19 Inventory Control Specialist - eliminated Page 19 Master Electrician - New position grade 18 Page 20 Parks/Recreation Crew Leader - Grade chg. from 11 to 13 Permit Application Technician - Grade chg. from 9 to 10 Plumb. & Mech. Inspector - Grade chg. from 16 to 17 Plumb. & Mech. Inspector, Senior - Grade chg. from 18 to 19 FLSA STATUS - EXEMPT CLASSIFICATIONS Page 24 Assistant Director, Development - Grade chg. from 31 to 36 Assistant Director, Finance/Audit Mgr. - Grade chg. from 30 to 34 Assistant Director, Human Resources - New Classification grade 30 Assistant Dir. Pub. Works/City Engineer - New Classification gr. 39 Assistant Police Chief- Grade chg. from 39 to 42 Assistant Warehouse Manager - New Classification grade 15 Benefits Administrator - Grade chg. from 25 to 20 Page 25 Building Official - Grade chg. from 26 to 30 Chief Utilities Field Inspector- See Supv., Inspections & Locations City Manager - eliminate from pay plan document Civil Engineer - Title change to Engineer (see engineer) Claims Analyst - New Classification grade 19 Deputy Director, Finance/Purch. Agent - Grade chg. from 31 to 34 Deputy Director, Parks & Recreation - New Classification grade 37 Deputy Fire Chief- Grade chg. from FDC to 43 Page 25 Director, Engineering - Eliminated Director, Fire & EMS - Grade chg. from 43 to 45 Director, Finance/Treasurer - Grade chg. from 39 to 43 Director, ITS - Grade chg. from 42 to 43 Director, Orgamz. & Strategic Devlpmt. - New Classification grade 37 Director, Public Works & Engineering - Modified Title (added "and Engineering") Director, Recreation & Parks - Grade chg. from 37 to 39 Engineer - Title change from Civil Engineer Environmental Coord./Safety Officer - Grade chg. from 22 to 27 Fire Battalion Chief- Grade chg. from FBC to 39 Page 26 GIS Analyst - Modified Title from Specialist to Analyst Human Resources Coordinator - Eliminated Page 27 Manager, Aquatics - New Classification grade 20 Manager, Community Redevelopment - Grade chg. from 24 to 25 Manager, Professional Development - Reclassified to Director, Organiz. & Strategic Development Manager, Risk Management - Grade chg. from 25 to 30 Manager, Zoning and Licensing - New Classification ~rade 24 Page 28 Police Chief- Grade chg. from 43 to 45 Police Major - Grade chg. from 37 to 39 Page 29 Supervisor, Aquatics - New Classification grade 15 Supervisor, Solid Waste - New Classification grade 20 Pa~es 33-38 Reflect new bargaining unit ranges for Fire (IAFF) and Police (PBA) CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code ::::: Grade: TBD Pay Ranges/TBD FLSA: N CLASSIFICATION TITLE: ADMINISTRATIVE ASSOCIATE PURPOSE OF CLASSIFICATION The purpose of this class~cafion is to perform a vadety of clerical, secretarial, and administrative duties for the Public Works Department, requiring a working knowledge of department operations, policies, and procedures. This position functions entirely within a seE-directed work team. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, miata<l, or a logical assignment for this classification. Other duties may be required and assigned. Coordinates all administrative staff support functions with other members of the self-directed work team. Generally responsible for allocation of work assignments and cross training within the team to meet standards set forth by Public Works Administration. Schedules and approves vacations within the team setting. Processes personnel and payroll documentation; reviews time sheets for accuracy and completeness; makes applicable calculations and researches discrepancies; forwards payroll data for payroll preparation; receives, sorts, and distributes employee paychecks; maintains records of employee overtime, vacation/leave balances, and training activities. Prepares and mails billing statements for departmental services and cl~arges; receives and forwards customer payments in person and by mail; handles delinquent account billings and notices. Reconciles receipts against employees' credit card statements and prepares transmittal forms for the processing and payment of those credit cards. Prepares direct payment requisitions for purchases, petty cash reimbursement, and registrations/rese~'v'ations for l~'avel. Inputs computerized purchase requisitions and processes with the necessary documentation; receives invoices via the computer upon receipt. Types, transcribes, prepares, or completes vadous forms, reports, correspondence, logs, rosters, legal documents, statements, meeting minutes, purchase orders, personnel authorization forms, budget documents, or other documents; creates or assists in developing vadous flyers, brochures, applications, forms, reports, and other documents for the department Answers telephone calls and greets visitom; ascertains nature of business; provides information and assistance; responds to inquiries and complaints regarding department and/or City operations; directs callers/visitors to appropriate deparl~nent and/or staff;, records/relays messages; initiates and returns calls; researches problems and initiates problem resolution. Page 1 City of Boynton Beach, Florida · Administrative Associate Receives or refers to various forms, reports, correspondence, policies, procedures, city codes/ordinances, state statutes, technical manuals, computer manuals, handbooks, manuals, directories, reference materials, maps, or other documentation; reviews, completes, processes, forwards or retains as appropnate. Operates a computer to enter, retrieve, review or modify data. Performs data entry to create/update records; verifies accuracy of entered data and makes corrections; utilizes word processing, spreadsheet, database, or other programs; enters department budget and maintains/updates mailing lists, data files, customer account records, work order records, department activities, and other information on computer; generates and prints reports. Processes requests for department services; maintains related logs end records. Schedules appointments, meetings, interviews, court dates, and other activities; regularly updates calendar and contacts parties involved as appropriate. Coordinates arrangements for various meetings, which may include preparing agendas and meeting packets, coordinating room setup/refreshments, attending meetings, recording/transcribing meeting minutes, distributing meeting packets or documentation, maintaining records, or other related tasks. Maintains file system of department records; prepares or sets up deflartm~ files; sorts/organizes documents to be filed; files documents in designated order;, retrieves/replaces flies; prepares records for storage; deletes/purges obsolete records/files. Performs general ctedcal tasks, such as copying and collating documentation, sending/receiving faxes, compiling packets, or maintaining/ordering office supplies. Responsible for the preparation and maintenence of the office supply budgets for the department. Communicates with supervisor, employees, other departments, customers, professionals, outside services, vendors/suppliers, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Performs data-entnj work in establishing and maintaining billing records and other financial documents using computer applications. ADDITIONAL FUNCTIONS Processes a vadety of documentation associated with department operations, within designated timeframes and per established procedures; distributes documentation or retains records as appropriate. Sorts end distributes incoming mail; prepares letters/packages for mailing. Performs basic maintenance of computer system and office equipment, such as backing up data or replacing paper, ink, or toner;, coordinates service/repair activities as needed. Uses a two-way radio to dispatch information. Coordinates, conducts, or assists with vadous special projects as assigned. Performs other related duties as required. MINIMUM QUALIFICATIONS Page 2 City of Boynton Beach, Florida., . Administrative Associate High school diploma or GED; supplemented by one (1) year previous experience and/or training involving customer servica/intamcfion, personal computer operations, and clerical/secretarial work involving the area of assignment; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to calculate and/or tabulate data. Includes performing subsequent actions in relation to these computational operations. Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. E,3~!oment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fi'actions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions fumished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving a vadety of generally pre-defined duties, which are often characterized by frequent change. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. I-;nvironmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Amencans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIHCATION TITLE: Class Code 05020 ASSISTANT DIRECTOR, HUMAN RESOURCES PURPOSE OF CLASSIFICATION The purpose of this classification is to assist the Human Resources Director in recruitment and selection, classification and compensation, training, employee relauons, labor relauons, benefits administration, and other employment-related activities. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs and evaluates assigned staff, processing employee concem.s and problems, directing work, counseling, disciplining and completing employee performance appraisals. Coordinates daily work activities; orgamzes, pnontizes, and assigns work; momtors status of work in progress and respects completed ~vork: consults with assigned staff, assists with complex/problem situations, and provides technical expertise. Ensures compliance xv~th all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. Assists in preparation and admimstration of departmental budget; monitors expenditures. Interprets and formulates personnel policy; implements policies and procedures to ensure consistency and legality, of application. Assists in administering all phases of the human resources system, including recruitment and selection, classification and compensation, training, employee relations, labor relations, benefits admmistraUon, and other employment-related act:vities. Oversees the recruitment and selection function to ensure consistency in applicauon and legal defensibility. Oversees maintenance of a current and comparable classification and compensation system_ Oversees and momtors department-wide training program. Assists in admimstermg benefit program for all employees, to include life insurance, dental insurance, health tnsurance. IRS 125 Plan, and wellness program. Attends public meetings, hearings, conferences, coc,,~ittee meetings, board meetings, interdepartmental meetings, departmental meetings tn relation to human resources issues as required; makes speeches or presentations. c~Y, IAXIMUS Page I Last Revised: October. 2002 Ci~ of Bo,vnton Beach. Florida · .~sistant Director. Human Resources 05020 Provides guidance and da'ection to Department Directors, managers, and supervisors related to recrum~nent, selecnom collective bargaining agreements, personnel actions, and mvestiganon if complaints and recommendation of appropriate action& Investigates and responds to discrimmanon charges filed against the City through internal grievances or external agencies. Observes and implements policies, procedures, and regulanons to facilitate umt operations that are consistent w~th legal and orgamzational guidelines. Establishes and rnamtams an effective working relatiomhip with supervisors, subordinates, and other employees. Compiles or monitors various administrative and statistical data pertaining to human resource operations: performs research as needed; makes applicable calculations; analyzes data and identifies trends; prepares or generates reports: maintains records. Prepares or completes various forms, reports, correspondence, employment contracts, salary surveys, bid proposals. performance appraisals, organizational reports, monthly reports, budgets, goala/objectavea, or other documents. Receives various forms, reports, correspondence, personnel authorization forms, tune records, personnel files, collecnve bargaining agreements, employment contracts, employee grievances, job descriptions, applicant data. cml/background reports, chug testing results, insurance reports, salary surveys, agendas, meeting minutes, conwacts, training materials, safety materials, budget reports, code of ordinances, policies, procedures, rules, regulations, statutes. manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, remeve, review or modi~ data; verifies accuracy of entered data and makes correcUons; unlizes word processing, spreadsheet, database, laser fiche, e-mail, or other sofb;vare programs. Answers the telephone; provides information, guidance, and assistance; takes and relays messages or directs calls appropriate personnel; returns calls as necessary.. Responds to complaints and questions related to department operations; provides in.format/on, researches problems, and imt/ates problem resolution. Communicates with City Manager, city cornnmssioners, employees, other departments, ci~ attorney's office. government agencies, third party administrators, insurance representanves, consultants, mUon representatxves, the public. outside agencies, and other individuals as needed to coordinate work activities, review status of work. exchange tnfomnon, resolve problems, or give/receive advice/direction. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations: anends workshops and tratmng sessions as appropriate. ADDITIONAL FUNCTIONS Creates and finalizes department correspondence and documentation. Approves/signs all documents for processing as necessary. Performs general clerical tasks in support of overall department operations, which may include greeting the public. dismbuting employment applications, explaining employment policies, copying documents, sending, receiving faxed documentation, or shredding confidential or obsolete documents. Provides assistance or coverage to other employees as needed. ©MAYdMUS, Inc. Page 2 Last Revised: October. 2002 City, of Bo,vnton Beach. Florida · .assistant Director. Human Resources 05020 Performs other related duties as required. MINIMUM QUALIFICATIONS Mimmum Bachelor's degree in public administration, human resource management, or industrial psychology w~th Master's level course work in the field; Master's degree strongly preferred; supplemented by five (5) years previous experience and/or training that includes all aspects of human resource management; or any eqmvalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Honda driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exerczsingjudgrnent m determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major orgamZational umt requiring significant internal and external interaction. Equipment, Machinerv~ Tools. and Materials Utilization: Requires the ability to operate, maneuver, and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathemancal operations w~th fractions; may include ability to compute discount, interest, profit and loss, rano and propomon; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to anal.vze major problems that require complex planning for interrelated activities that can span one or several work umts. Situational Reasoninn: Requires the ability to exercise judgment, decisiveness, and creativity m situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carting, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensorx Requirements: Some tasks require the ability to perceive and discrirnmate visual cues or signals. Some tasks reqmre the ability to communicate orally. ~.MAXIMUS. Inc. Page 3 Last Revised: October. 2002 Ci~ of Bo.vnton Beach. Florida · Assistant Director. Human Resources 05020 Environmental Facto.ri.: Essential funcUons are regularly performed without exposure ~o adverse environmental conditions. The City of Boynton Beach, Honda, is an Equal Opportumty Employer. In comphance V~th the Arnencans with Disabihties Act, the City will provide reasonable acco~la~odations to qualified individuals W~th disabihties and encourages both prospective and current employees to discuss potential accommodatiom with the employer. ©MAXIMUS, Inc. Page 4 La.st Revised: October. '.002 CITY OF BOYNTON'BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 04529 Grade: FLSA: E CLASSIFICATION TITLE: ASSISTANT MANAGER, WAREHOUSE PURPOSE OF CLASSIFICATION The purpose of this classification is to assist in managing warehouse operations, to include coordinating the receipt, storage, distribution, record maintenance, and inventory control of supplies/materials stocked in warehouse. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Provides direction, guidance, and assistance to employees; coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work, inspects completed work, and troubleshoots problem situations; responds to employee problems/concerns; assists in selecting new employees. Consults with Warehouse Manager or other officials to review operations/activities, review/resolve problems, receive advice/direction, and provide recommendations; performs the duties of Warehouse Manager in absence of same; responds to after-hours calls or emergency situations as needed. Assists in ensudng compliance with all applicable taws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; initiates any actions necessa~ to correct deviations or violations. Supervises daily warehouse operations; oversees and coordinates receipt, stocking, storage, issuance, delivery, and control of goods in warehouses; reviews specific commodities on a daily basis to assure vendor compliance with shipping on existing bids. Maintains an effective inventory system to control warehoused materials; organizes stock to facilitate identification and location of stock items; maintains proper storage of parts, supplies, tools, and materials in assigned areas; monitors secudty of items stored in or transported to/from warehouse. Monitors inventory levels to ensure adequate quantities; initiates orders for new or replacement materials; researches product prices; follows up on status of back-ordered items; conducts periodic inventory counts of materials in stock; assesses need for new stock items and recommends addition/removal of items from inventory; coordinates research and ordering of special-order items. Coordinates receipt of incoming orders, packages, or deliveries; inspects deliveries to verify accuracy and completeness of orders; verifies accuracy of packing slips, receiving documents, and invoices; researches discrepancies in orders or invoicing; posts incoming items into computer. © MAXlMUS, INC. Page I Last Revised: March, 2002 Cit~ of Bo~nton Beach, Florida · Assistant Manager, Warehouse 04529 Coordinates delivery of warehouse orders to City departments; conducts random inspections to ensure accuracy of inventory delivered to departments. Coordinates shipment of return orders, damaged parts, and warranty parts. Coordinates work activities with other departments, vendors, outside agencies, or others as needed; communicates with City departments regarding products and new merchandise; coordinates with service writers regarding fleet order questions/problems; communicates with vendors regarding product availability, prices, status of orders, discrepancies, problems, or other issues. Maintains computerized records pertaining to warehouse operations; enters, retrieves, reviews or modifies data in computer database; verifies accuracy of entered data and makes corrections; maintains current bid information, including stock numbers, prices, bid expiration dates, and vendor contracts; maintains online catalog by updating, adding, or deleting new/old items; utilizes word processing, spreadsheet, database, email, Intemet, or other computer programs. Operates a variety of machinery, equipment and tools associated with department activities, which may include a forklift, pallet jack, barrel grip, hand truck, carpentry tools, mechanic tools, facsimile machine, copy machine, calculator, two-way radio, or telephone; coordinates and performs general maintenance tasks necessary to keep equipment and tools in operable condition, which may incJude inSl:~ecting equipment, washing/cleaning equipment, disposing of trash, or cleaning warehouse/work areas; monitors equipment operations to maintain efficiency and safety; reports faulty equipment. Prepares or completes various forms, reports, correspondence, purchase requisitions, purchase orders, spreadsheets, inventory records, or other documents. Receives various forms, reports, correspondence, invoices, purchase orders, stock orders, inventory records, specifications, contracts, purchasing guidelines, policies, procedures, catalogs, manuals, directories, reference matenals, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Coordinates customer service activities; provides assistance and information related to products, orders, procedures, invoices, or other issues; responds to routine questions/complaints and initiates problem resolution; provides assistance at front counter. Communicates with supervisor, employees, other departments, vendors/suppliers, shipping/mailing agencies, the public, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Maintains an awareness of new products, purchasing guidelines, trends, and advances in the profession; reads professional literature; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include pulling stock to fill orders, answering telephone calls, making copies, sending/receiving faxes, filing documentation, or processing incoming/outgoing mail. Provides assistance to other employees or departments as needed. Performs other related duties as required. © MAXlMUS, INC. Page 2 Last Revised: March, 2002 Cit7 of Bo~nton Beach, Florida · Assistant Mana~ler, Warehouse 04529 MINIMUM QUALIFICATIONS Vocational/Technical degree with training emphasis in purchasing and inventory control procedures; supplemented by three (3) years previous experience and/or training that includes warehouse operations, inventory control, customer service, record maintenance, and general supervision; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analys~s to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory capacity. Equipment, Machinery, TOOLS1 and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, odors, humidity, machinery, or toxic agents. © MAXIMUS, INC. Page 3 Last Revised: March, 2002 City of Boynton Beach, Flodda · Assistant Manager, Warehouse 04529 The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable aCCommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © MAXlMUS, INC. Page 4 Last Revised: March, 2002 Class Code Grade: / CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION / FLSA: E CLASSIFICATION TITLE: DEPUTY DIRECTOR, PARKS & RECREATION/ SUPERINTENDENT OF PARKS PURPOSE OF CLASSIFICATION The purpose of this classification is to direct the development, operation, and maintenance of municipal parks, recreation facilities and buildings, focusing on parks issues. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Plans new/expanded parks and recreational facilities. Directs recreation, parks and landscape maintenance operations. Develops departmental budget and supervises expenditures. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; supervises training of recreation and parks personnel; interviews and selects new employees. Coordinates support for recreation and parks events. Develops and monitors maintenance records. Handles public complaints. Advises Director of Recreation & Parks and the City Manager on recreation and parks matters; coordinates with Recreation and Parks Board. Maintains relations with recreation, parks and other professional organizations; represents the department at public meetings. ADDITIONAL FUNCTIONS Answers the telephone; types correspondence. Performs other related duties as required. David M. Gdffith & Associates, Ltd. Page 1 last Revised: December, 2002 Rate Revised: Cit7 of Bo,/nton Beach, Florida · Oaput7 Director, Recreation & Parks/Superintendent of Parka (,/ob MINIMUM QUALIFICATIONS Bachelor's degree in public administration, landscape architecture, horticulture, or closely related field; supplemented by six (6) years progressively responsible managerial experience and/or training that includes public administration, parks, and grounds maintenance administration; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid restricted use pesticide certification. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment~ Machinary~ Tools~ and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasonincj: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. © David M. Grifflth & Associates, Ltd. Page 2 Last Revised: December, 2002 City of Bo~/nton Beach, Florida · Deputy Director, Recreation & Parks/Superintendent of Parks (,/ob The City of Boynton Beach, Flodda, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © David M. Griffith & Associates, Ltd. Page 3 Last Revised: December, 2002 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 01059 ~d~' FLSA: E CLASSIFICATION TITLE: DIRECTOR ORGANIZATIONAL & STRATEGIC DEVELOPMENT PURPOSE OF CLASSIFICATION The purpose of this classification is to facilitate strategic planning and organizational change; and to create a high performance, knowledge organization that provides a comprehensive rano~e of opportunities for employee development. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned, strategy Consults with the Assistant City Manager and City Manager to identify strategic values, goals, and philosophies that influence organizational culture. Develops short and long term strategic plans that are congruent with the organization's mission and values. Recommends and initiates change programs based on sound concepts of organizational behavior theory anc~ intervention. Collaborates on employee and citizen satisfaction assessments, identifies gaps and advises appropriate intervention. Guides group members to develop strategic plans that are congruent with the organization's mission ana values. Analyzes and evaluates department proposals to determine business goals that can serve as objective indicators of strategic success. Creates and implements programs to support the City's values and' effectively drive performance improvement. Creates action plans to generate commitment throughout the organization. Provides executive coaching and uses assessments to recommend leadership development. Consults with Assistant City Manager, City Manager, and Commissioners as needed to review division activities, provide recommendations, resolve problems, and receive advice/direction; serves in advisory capacity on matters pertaining to strategic and organizational development. Develop marketing strategies aimed at promoting external participation in City programs to enhance the City's image and produce revenue. Assesses training needs through focus groups and surveys and supervises the design and implementation of training programs that comprehensively address employees' skills and knowledge requirements. Approves off-site training, counsels employees on career choices, and supervises the tuition reimbursement program. Page I Last Revised: October 2002 City of Boynton Beach, Florida · Director, Organizational & Strategic Development 01059 Develops strategy with qualified institutions to meet educational requirements for technical and industry specific certifications and licenses. Researches, evaluates, and implements new or emerging technology to effectively support the department. Provides professional development services to all departments in the city. Communicates with city officials, employees, other departments, consultants, vendors, community organizations, outside agencies, academia, the media, and other individuals as needed to coordinate work activities, exchange information, resolve problems, or give/receive advice/direction. Supervises directs and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Interviews and selects appropriate staff, provides training and development. Develops and implements department budget, and monitor and authorizes expenditures to ensure compliance with approved budget. Coordinates daily work activities, organizes, pdodtizes, and assigns work, monitors progress, and inspects completed work; consults with assigned staff, assists with situations, and provides technical expertise. status of work in complex/problem Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct deviations, or violations. Develops, updates, and implements departmental policies and procedure, and develop methods/strategies to improve operational procedure. Attend meetings, serve on committees, and make speeches or presentations as needed. Maintain professional affiliations; attend workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs other related duties as required. Provide assistance to other employees or departments as needed MINIMUM QUALIFICATIONS Minimum Masters degree in Organizational Psychology, Management, Organizational Development or related Behavioral Science supplemented by seven (seven) years previous managerial level experience and/or training that includes assessing organizational culture, facilitating change, and implementing organizational behavior theories. Must be qualified to administer psychological assessment instruments, (MBTI, FIROB, TKI), have extensive knowledge of adult education theories, and be able to design, develop, implement and evaluate state-of-the art management and employee development programs. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize, hypothesize, and/or theorize concerning data involving developing and modification of policies, strategies and programs within the context of existing organizational theories and management principles. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in designated area of responsibility. Perform in a supervisory capacity over others. Page 2 Last Revised: October 2002 Cit~ of Boynton Beach, Florida · Director, Organizational & Strategic Development 01059 Equipment~ Machinery~ Tools1 and Materials Utilization,: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and infonmation, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals fractions and percentages;; ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate basic statistical analysis. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against both subjective and measurable or verifiable criteria. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but whic~ may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 Last Revised: October 2002 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 70029 Grade: FLSA: E CLASSIFICATION TITLE: ENGINEER PURPOSE OF CLASSIFICATION The purpose of this classification is to perform professional engineering work involving the design, construction, review, and oversight of municipal engineering, public development, and private development projects to ensure that projects are completed in compliance with all applicable laws and standards. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of ~ statements of the duties does not exclude them from the classification if the work is similar, related, o~' a logical assignment for this classification. Other duties may be required and assigned. Provides direction, guidance and assistance to other employees as assigned; coordinates daily work activities; organizes, priodtizes, and assigns work; monitors status of work, inspects completed work, and troubleshoots problem situations. Interprets, explains, and ensures engineering compliance of proposed and active projects with applicable city, state, and local codes, ordinances, resolutions, regulations, standards, specifications, policies and procedures, as well as approved construction plans; researches codes, engineering standards, technical manuals, or other resources as needed; initiates any actions necessary to correct deviations or violations. Consults with department director or other officials to review division activities, provide recommendations, resolve problems, and receive advice/direction. Provides information and technical assistance concerning engineering projects, requirements, and related issues to contractors, developers, engineers, architects, and property owners; responds to questions, concerns, or complaints; recommends solutions to problems or directs to the appropriate entity; provides technical assistance and consultation to other city departments. Supervises design and permitting of new development and engineering projects. Provides technical expertise, recommendations, and solutions for maintenance, upgrading, or resolution of infrastructure needs relating to damaged or outdated city infrastructure systems and buildings. Supervises and participates in various engineering, location, and topographic surveys. Formulates all technical details and phases of municipal engineering projects; prepares construction plans and specifications for maintenance, repair, and minor construction projects, and submits such for regulatory agency approval; reviews project and program designs and/or drawings prior to bidding to resolve issues concerning project designs and capital improvement initiatives; works with Construction Services Division to coordinate public meetings to inform, advise, or gather information concerning engineering projects; © DMG-MAXlMUS, INC. Page I Last Revised: October, 2000 Rate Revised: October 2001 City of Boynton Beach, Florida · En~lineer 70029 determines the most cost-effective and efficient methods for accomplishing maintenance and repair projects; prepares project estimates. Participates in team efforts to maintain effective communications with project inspectors, project consultants, contractors, engineers, architects, city administrators, and the public. Participates in planning and deployment of the Project Planning & Control System (PP&CS) for tracking development of new public facilities. Administers the platting process; processes and reviews plats; prepares plat development orders for Commission agenda. Processes bond reductions/releases; prepares bonds for engineering improvements; calculates quantities and costs of materials for total costs of bonds; recommends surety reductions; recommends release of city surety after completion of improvements. Develops and/or streamlines operational procedures or guidelines for various assignments; develops program standards/guidelines; develops automated computer aided design (AutoCAD) program design capabilities for in-house projects; develops new design criteria and construction standards handbook for the department; develops new updated technical specifications handbooks for departmental use and for proiects. Provides technical input on new and rehabilitative infrastructure system projects; investigates, evaluates, and recommends solutions for infrastructure projects; recommends necessary right-of-way. Reviews progress of design/construction plans from consultants; prepares co~struction plans for infrastructure improvements; works with contract administrator to prepare bid documents associated with technical specifications for both in-house and external projects; prepares cost estimates for both in-house and external projects; prepares production schedules; tracks ongoing project meetings with meeting minutes and project records; assists with project coordination for departmental physical plant/site improvements. Prepares or completes various forms, reports, correspondence, project tracking records, .meeting minutes, status reports, inspection reports, survey sketches, design plans, construction plans, productJon schedules, bid documents, cost estimates, guidelines, procedures, handbooks, or other documents. Receives various forms, reports, correspondence, consultant plans/reports, inspection reports, construction documents, construction criteria, survey techniques/formulas, codes, ordinances, rules, regulations, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; verifies accuracy of entered data and makes corrections; utilizes word processing, spreadsheet, database, desktop publishing, computer aided design (CAD), geographical information system (GIS), mapping, imaging, or other programs; performs basic maintenance of computer system and office equipment, such as backing up data or replacing paper, ink, or toner. Operates a vadety of machinery, equipment, and tools associated with department activities, which may include a motor vehicle, computer, printer, plotter, handheld computer, computerized transit, survey tools, post hole digger, shovel, saws, machetes, measuring devices, hand tools, diagnostic tools, drafting instruments, copy machine, blueprint copier, calculator, or telephone. Follows safety procedures, utilizes safety equipment, and monitors work environment to ensure safety of employees and other individuals. Communicates with supervisor, employees, other divisions, other departments, government agencies, city officials, contractors, engineers, architects, consultants, the public, outside organizations, and other © DMG-MAXlMUS, INC. Page 2 Last Revised: October, 2000 Cit~ of Boynton Beach, Florida · 1 Engineer 70029 individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Develops/implements various forms to improve efficiency of division operations, such as project documentation forms, communication forms, or telephone/meeting conversation forms. Represents the city in various aspects of engineering projects as requested by department director to ensure construction is conducted in conformance with plans, specifications, and sche<tules. Performs general/clerical tasks, which may include making copies of blueprints and standard-sized documents, answering telephone calls, typing documents, sending/receiving faxes, or filing documentation. Provides assistance to other employees or departments as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Minimum Bachelor's degree in Civil Engineering, with Master's level course work in the field preferred; supplemented by three (3) years previous experience and/or training that includes municipal engineering, land surveying, project management, and computer aided design (CAD) operations; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Engineer In Training (EIT) license from the State of Flodda. Must possess and maintain a valid Flodda driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project, program, or designated area of responsibility. Equipment~ Machinery, Tools~ and Materials Utilization: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. © DMG-MAXlMUS, INC. Page 3 Last Revised: October, 2000 Cit~ of Bo)'nton Beach, Florida · ~ Engineer ?0029 Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen,, wetness, humidity, fumes, temperature extremes, machinery, electric currents, traffic hazards, bright/dim light, toxic agents, violence, disease, or pathogenic substances. The City of Boynton Beach, Flonda, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © DMG-MAXlMUS, INC. Page 4 Last Revised: October, 2000 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Claes Code Grade FLSA: E CLASSIFICATION TITLE: AQUATICS MANAGER PURPOSE OF CLASSIFICATION The purpose of this classification is to direct and maintain ocean lifeguard services and aquatic activities at the city beach and pool. An employee in this position is responsible for planning, promoting, developing and supervising the overall operation of an ocean lifeguard organization protecting the public at city beaches and pools. Responsibilities include effective utilization of present beach patrol resources, and planning for future developments in the Marine Safety section within budgetary limitations. This position must exercise considerable initiative and independent judgment. Work is performed under the direction of the Recreation Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs and evaluates assigned staff, processing employee concerns and problems, directs work, counsels, disciplines and completes employee performance appraisals, conducts interviews and makes hiring decisions. Develops budget for area, monitors expenditures to ensure compliance with approved budget, orders equipment as office supplies. Makes work assignments, reviews the work of subordinate supervisors and lifeguards by routine inspection of guarded areas. Administers performance tests to prospective employees to determine fitness for employment. Enforces park rules, oversees the activities of visitors to the beach, takes preventive safety actions, provides emergency first aid, performs CPA, makes rescues, assists boaters in distress. Makes judgment calls about ocean conditions on the public beach on a daily baisi. Performs initial management of toxic/hazardous materials (chemicals, explosives, etc.) Prepares incident reports, maintains records. Performs duties of lifeguard as required by staffing demands. Ensures safety of beach visitors. David M. Grifflth & Associates, Ltd. Page 1 Last Revised: November, 1998 Rate Revised: October 2001 Cit7 of Bo~/nton Beach, Florida. Acluatics Mana~ler 6105c~ Maintains high physical fitness level through mandatory workouts. Maintains training in medical rescues. Installs and maintains perimeter buoys, assists in maintaining equipment. Provides customer service, information, answers patrons questions. Prepares communications, memos, letters, invitations, e-mail, documents on safety issues, prepares work orders, prepares a variety of reports on program activities and accomplishments, reviews and writes agreements for services. Serves on teams and committees, attends improvement training, plans and leads team meetings. ADDITIONAL FUNCTIONS Performs minor janitorial and carpentry duties. Keeps beach free of dangerous debris. Helps injured wildlife. Delivers bio-hazardous waste to Fire Department for disposal; delivers radios to the Police Department. Puts up and takes down flag. Answers the telephone, greets the public Performs other related duties as required. MINIMUM QUALIFICATIONS Graduation from an accredited college or university with course work in management, physical education, law enforcement or related field; considerable experience in beach maintenance and operations as well as planning, organizing and directing public aquatic safety activities and the community level; or any equivalent combination of education, training and experience which provides the requisite knowledge, skills and abilities for this job. Must possess and maintain a valid Florida driver license. Must possess and maintain First Responder or Flonda E.M.T. or Paramedic certification. American Red Cross Lifeguard Training Instructor Certification required within 12 months of hire. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors and staff. Equipment~ Machinery~ Tools~ and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. David M. Griffith & Associates, Ltd. Page 2 Last Revised: November, 1998 Cit~ of Bo~nton Beach, Florida · Acluatlcs Manager 61059 Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIANCE Physical Ability: Tasks require regular and sustained performance of moderately physically demanding work, typically involving some combination of climbing and balancing, stooping, kneel[rig, crouching, and crawling, and that generally involves lifting, carrying, pushing and/or pulling of moderately heavy obiects and materials (20-50 pounds) and occasionally heavier items (100 pounds or over). Sensory Requirements: Some tasks require the ability to perceive and discriminate cotors or shades of colors, sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, fumes, temperature and noise extremes, traffic hazards, toxic agents, violence, or pathogenic substances. The City of Boynton Beach, Flodda, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © David M. Griffith & Associates, Ltd. Page 3 Last Revised: November, 1998 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: ELECTRICIAN, MASTER Class Code 81361 PURPOSE OF CLASSIFICATION The purpose of this classification is to perform skilled electrical voltage/high-load, industrial systems, and equipmem. installation, maintenance, and repair of high- ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Installs, repairs, replaces, and maintains a variety of electrical fixtures, systems, equipment, and related components in compliance with applicable codes. Coordinates work activities with those of other departments, contractors, engineers, utility companies, outside agencies, or others as needed. Pertbrms various skilled, semi-skilled, and manual work functions aasociatu--d with installing repairing, and maintaining electrical systems and equipment, such as troubleshooting elecnScal problems, installing electrical circuits. replacing breakers and fuses, replacing defective wiring, removing/installing breaker panels and covers. installing/replacing indoor/outdoor lighting fixtures, mounting electrical controls, installing electrical receptacles/switches, installing appliances, inspecting/calibrating gas detectors, threading pipes, running wires/cables, and replacing bulbs/batteries. Tests continuity of circuits to ensure electrical compatibility and safety of components; inspects/tests machine~', equipment and parts for proper operations; makes adjustments, repairs or replacements as appropriate; reports problem situations. Operates a variety of machinery, equipment, and tools associated with installing, repairing, and maintaining electrical systems and fixtures, which may include a utility vehicle, bucket truck, life, trencher, drill, hole punch, conduit bender. pipe threader, fish tape, gauges, meters, electrical tools, mechanic tools, and diagnostic instruments. Performs general cleaning/maintenance tasks necessary to keep vehicles, equipment, and tools in operable condition. which may include inapecting equipment, checking fluid levels, replacing fluids, greasing equipment, washing<cleaning equipment' and cleaning shop/work areas; monitors equipment operations to maintain efficiency and safety; reports faulty equipment. Prepares or completes various forms, reports, correspondence, electrical test data, charts, graphs, schematics, diagrams. or other documents. Receives various forms, reports, correspondence, work orders, invoices, meter readings, diagnostic reports, architectural drawings, electrical diagrams, blueprints, maps, specifications, codes, rules, regulations, material safety. data sheets, manuals, catalogs, directories, reference materials, or other documentation; reviews, completes, processes. forwards or retains as appropriate. ~ MAXIMUS, INC. Page I Last Revised: March, .'003 Cit~ of Boynton Beach, Florida · ElectrtcLan, Master 81361 Communicates with supervisor, employees, other departments, electrical inspectors, vendors/suppliers, contractors, the public, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Communicates via telephone and/or two-way radio; provides information and assistance; takes and relays messages or directs calls to appropriate personnel; returns calls as necessary. Maintains a comprehensive, current knowledge of applicable codes, laws, and regulations; maintains an awareness of new materials, methods, trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs various tasks associated with utility equipment maintenance or building maintenance activities, which may include troubleshooting mechanical problems, maintaining wetl fields, maintaining ground storage tanks, or fabricating tolls and metal components. Performs manual tasks associated with department projects, which may include hanging/mounting items, moving furniture, installing shelving, or digging trenches. Provides assistance or coverage to other employees as needed. Performs other related duties as requh'ed. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by vocational/technical training in electrical systems: supplemented by ten (10) yeats previous experience and/or training that includes installation, repair, and maintenance of electrical systems/equipment: or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities, for the job. Must possess and maintain a valid Master £1ectrician's License. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to exchange information for the purpose of clarifying details within well- established policies, procedures, and standards. Equipmen~ Mae_h_t_nerv~ TooL~ and Materials Utilization: Requires the ability to overhaul, restore, renovate. construct, and/or rebuild equipment, machinery, or objects, requiring adherence to prescribed standards and specifications. Requires the ability to operate and control the actions of the same equipment, machinery., and/or objects. Verbal Aptitude: Requires the abili[y to utilize a wide variety of reference, descriptive, advisory, and/or design data and information. Mathematical Antitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fi-actions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures ©MAXIMUS. INC. Page 2 Last Revised: March..'003 Ci~ of Boynton Beach. Florida · Electrician. Master 81361 Functional Reasoninl: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagranunatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness, and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (20-50 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors, sounds, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, temperature and noise exix=mes, machinery, vibrations, traffic hn~nrds, bright/dim light, haTnrdous materials, or toxic agents. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabdities Act. the City wdl provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. ©MAXIMUS, INC. Page 3 Last Revised: .March. ',.003 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 61240 CLASSIFICATION TITLE: AQUATICS SUPERVISOR PURPOSE OF CLASSIFICATION The purpose of this classification is to supervise day-to-day operations of the Ocean Rescue Division, including staff supervision, lifeguard functions, budget preparation, special projects, and other administrative functions. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concems and problems, directing work, counseling, disciplining, and completing employee performance appraisals; conducts interviews and makes hidng recommendations; administers performance tests to prospective employees. Coordinates daily work activities; organizes, prioritizes, and assigns work; monitors work in progress and inspects completed work; confers with assigned staff, assists with complex/problem situations, and provides technical expertise. Ensures compliance with ail applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; initiates any actions necessary to correct deviations or violations. Consults with Aquatics Manager or other officials to review division operations/activities, review/resolve problems, receive advice/direction, and provide recommendations; performs the duties of Ocean Lifeguard Captain in absence of same. Supervises day-to-day operations of Ocean Rescue Division; prepares work orders to coordinate maintenance issues; assists manager with long-/short-term planning and capital improvement projects. Assists in developing and implementing division budget; monitors expenditures to ensure compliance with approved budget. Assists in coordinating staff training activities; monitors training and certification of beach/pool staff; organizes training activities. Performs lifeguard functions and monitors beach/swimming areas; monitors safety and welfare of beach visitors, swimmers, and other individuals; ensures compliance with applicable laws, rules, regulations, and safety guidelines; cautions swimmers regarding unsafe areas, conditions, or activities; assists in locating missing persons; handles situations involving excessive noise, disruptive behavior, potential violence, or © MAXlMUS, INC. Page 1 Last Revised: June, 2002 City of Boynton Beach, Florida · Aquatics Supervisor 61240 other problems; monitors crowd activities and initiates crowd control as needed; takes appropriate disciplinary action to maintain a peaceful environment, Conducts and/or assists with water rescues of swimmers in danger of drowning; administers basic life support (CPR) and first aid as needed; obtains emergency medical assistance when necessary; coordinates medical/rescue activities with emergency medical personnel. Responds to situations involving toxic/hazardous materials; delivers bio-hazardous waste material to fire department for proper disposal. Assists in processing financial transactions; counts and balances revenues; forwards revenues as appropriate. Provides education and information to the public regarding beach safety, policies, procedures, or other issues. Processes time cards and payroll documentation; develops work schedules to ensure adequate coverage; monitors attendance records. Reports accidents or injuries; completes incident reports or reviews incident reports completed by subordinate staff; submits incident reports to supervisor. Conducts or assists with special projects as assigned. Prepares or completes various forms, reports, correspondence, logs, performance evaluations, payroll documents, schedules, incident reports, statistical reports, or other documents. Receives various forms, reports, correspondence, job applications, time cards, incident reports, textbooks, first responder protocol, policies, procedures, manuals, catalogs, directories, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates an all terrain vehicle (A'I'V), jet-ski, pressure cleaner, defibrillator, oxygen regulator, rescue equipment, medical supplies, personal computer, general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, e-mail, Intemet, or other computer programs. Maintains file system of departmental records. Communicates with supervisor, employees, other departments, City officials, public safety personnel, patrons, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Attends meetings as needed. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; participates in physical fitness training and continuing education activities; attends workshops and training sessions as appropriate. © MAXlMUS, INC. Page 2 Last Revised: June, 2002 City of Boynton Beach, Florida · Aquatics Supervisor 61240 ADDITIONAL FUNCTIONS Inspects/monitors beach areas to identify potential hazards, such as dangerous debris, broken glass, or other situations which may cause injury to patrons/swimmers. Provides assistance for injured wildlife. Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, or processing incoming/outgoing mail; performs minor carpentry and janitorial tasks. Provides assistance to other employees or departments as needed; assists parking attendants as needed Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by vocational/technical training in lifeguard procedures, swimming, and CPRJfirst responder procedures; supplemented by two (2) years previous experience and/or training involving lifeguard operations, swimming, supervision, budget administration, and personal computer operations; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain valid Certified Lifeguard, First Responder or EMT and CPR for the Professional Rescuer certification from the American Red Cross or equivalent. PERFORMANCE APTITUDES Data Utilization: Requires the ability to calculate and/or tabulate data. includes performing subsequent actions in relation to these computational operations. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment~ Machinery~ Tools~ and Materials Utilization: Requires the ability to start, stop, operate and monitor the functioning of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. (~ MAXIMUS, INC. Page 3 Last Revised: June, 2002 City of Boynton Beach, Florida · Aquatics Supervisor 61240 Situational Reasonin-: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against senson/, judgmental, or subjective criteria, as opposed to that which is cleady measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the regular and, at times, sustained performance of moderately physically demanding work, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and that may involve the lifting, carrying, pushing, and/or pulling of moderately heavy objects and materials (20-50 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, odors, wetness, humidity, rain, temperature and noise extremes, hazardous materials, water hazards, bright/dim light, toxic agents, disease, pathogenic substances, violence, animal/wildlife attacks, animal bites, or rude/disruptive custornem. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © MAXlMUS, INC. Page 4 Last Revised: June, 2002 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code: 48049 CLASSIFICATION TITLE: SUPERVISOR OF INSPECTIONS AND LOCATIONS PURPOSE OF CLASSIFICATION The purpose of this classification is to perform technical and adrmmstrative tasks at the managerial level overseeing the work of the Utility Inspectors and Project Underground Utility Construction. Coordinates the locations division w~th responsibility for Sunshine One unlity locations and field marking of utilities and surveys for water and saratary sewer locations. Oversees and reviews cross connection program and review ofbackflow test reports. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of 1~e duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Provides supervision and direction to assigned staff members; implements policies and procedures; instructs, assigns and review work; maintains standards through the effective coordination of activities; allocates personnel; acts on employee problems; provides recommendations revolving selection, transfers, promotions, and disciplinary action: participates in the employee evaluation process; conducts staff meetings and coordinates training sessions; monitors program coordination and implementation. Interacts and consults with project design professionals, developers, contractors, property owners and other individuals on construction project implementation; conducts project pre-construction meetings; conducts meemags to review and copy existing project as-builts. Conducts plans review for compliance with codes and standards. Coordinates the cross connection program; reviews and renders approval or rejection ofbackflow test repom based on State standards; conducts review with administrative staff regarding backflow preventer test reports; drafts memos and correspondence to business owners requesting test reports or repatrs ofbackflow umts. Reviews project record drawings for accuracy to proposed plan and field inspections; renders approval or requests additional information or revisions. Compiles project construction plans, fees, record drawings, mylars, CADD drawings, and DISC's for final approval and sign-offby supervisor. Performs various financial tasks for the department; develops and implements assigned budgets; oversees budgetary spending to ensure expenditures do not exceed allocated funds. Attends, conducts, and/or participates tn various staff, deparmaent, team, and demonstration meetings. Conducts on-site inspections of projects in progress to ensure installation of underground utilities in compliance with approved construction plans; discusses alternative procedures with design engineers and contractors when changes are required. © MAXIMUS, INC. Page I Last Revised: July, 2003 Ci? of Boynton Beach. Florida · Supervisor of Inspections and Locations 48049 Performs rout'me administrative tasks to coraplete daily operations; prepares memo's, correspondence, faxes, etc.; operates computer system; files documents; reviews tapes of sanitary sewers; inspects project underground unlines installation; conducts paving permit site inspections for sign-off. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or equivalent with vocational or technical school training in plumbing or related trade Wkh s~x to nme years of experience in plumbing work, plant maintenance, utility locating, underground utility maintenance. backflow preventor testing, underground utihty inspections and mechanical drawings and plans re~-iew with some experience at the supervisory or management level; or any equivalent combimtion of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Requires Backflow Preventor Technician License. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established critena. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment~ Machiner% Tools~ and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential funcUons. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and m formation. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, and ratios; may mclude ability to calculate surface areas, volumes. weights, and measures. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instrucuons furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoninf: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIANCE Physical Ability: Tasks require the regular and, at times, sustained performance of moderately physically demanding work, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and that may involve the lifting, canting, pushing, and/or pulling of moderately heavy objects and materials (20-50 pounds). © MAXIMUS, INC. Page 2 Last Revised: July, 2003 Cit~ of Bo,vnton Beach. Florida * Supervisor of Inspections and Locations 48049 Sensorv Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, taste, odor, depth, texture, and visual cues or signals. Some tasks requtre the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, hUrmdity, rain, fumes, smoke, temperature and noise extremes, hazardous materials, machinery, vibrations, electric currents, t~affic hazards, bright/dim lights, animal/wildlife attacks, ammal/human bites, water hazards, violence, disease, or rude/irate customers. l'he City of Boynton Beach, Florida is an Equal Opportunity Emplo.ver. [n compliance with the ~mericans w~th Disabilities Act, the City wdl provide reasonable accommodations to qualified individuals with disabilines and encourages both prospective and current employees to discuss potential accommodations with the employer. © MAXIMUS, INC. Page 3 Last Revised: July, 2003 CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 55029 FLSA: E CLASSIFICATION TITLE: SOLID WASTE SUPERVISOR PURPOSE OF CLASSIFICATION The purpose of this classification is to supervise day-to-day operations of the Solid Waste Division to ensure efficient provision of residential/commercial sanitation services to the City. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; assists in interviewing and selecting employees; coordinates or conducts training activities. Coordinates daily work activities; organizes, pdodtizes, and assigns work; monitors status of work in progress and inspects completed work; conducts staff meetings; confers with assigned staff, assists with complex/problem situations, and provides technical expertise. Assists in ensudng compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. Supervises and coordinates projects and work activities; prepares/receives and processes work orders; pdodtizes and schedules work; plans most efficient use of resources to complete work orders; assigns projects and dispatches equipment to appropriate work crews; redirects/reassigns work crews in response to emergencies or changes in priorities; monitors progress in meeting deadlines; inspects quality of completed work. Supervises, coordinates, and monitors daily operations of solid waste functions; establishes efficient routes; oversees container maintenance; schedules solid waste services for special events; coordinates special pickups; coordinates cleanup of fluid spills. Supervises and performs customer service functions; provides assistance and information related to division services, procedures, or other issues. Responds to complaints and questions related to projects and work activities; provides information, researches problems, and initiates problem resolution. © MAXlMUS, INC. Page 1 Last Revised: June, 2002 City of Bo~mton Beach, Florida · Solid Waste Supervisor 55029 Performs administrative tasks; reviews time cards, researches discrepancies, and submits for processing; reviews/approves vacation requests; develops work schedules to ensure adequate coverage; monitors sick time usage and maintains attendance records; ensures timely preparation and submittal of reports. Assists in evaluating efficiency and effectiveness of division operations, services, procedures, and resource management; recommends and/or implements improvements in services and operational procedures as needed. Assists with development and implementation of division budget; monitors expenditures to ensure compliance with approved budget. Supervises and coordinates safety measures within the division; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; coordinates activities to maintain traffic control and safety at construction/work sites, including flagging of traffic and setup of safety cones, barricades, barrels, and road/warning signs. Supervises inspection and maintenance of departmental vehicles/equipment; supervises and/or conducts pre-tdp and post-trip inspections of vehicles; ensures regular/timely fueling, servicing, maintenance, and cleaning of vehicles; monitors status of vehicles under maintenance/repair. Monitors inventory levels of department equipment, tools, supplies, uniforms, and other materials; ensures availability of adequate materials to conduct work activities; initiates requests for new or replacement materials; obtains pdce quotes; issues or distributes supplies/uniforms. Drives/operates ,ehicles when needed. Responds to after-hours calls or emergency situations on a twenty-four hour basis. Prepares or completes vadous forms, reports, correspondence, performance evaluations, schedules, purchase requisitions, work orders, or other documents. Receives vadous forms, reports, correspondence, time cards, vacation/leave requests, budget/expenditure reports, invoices, work orders, dump trip tickets, special pickups, roll-off lists, supply requisitions, contracts, ordinances, policies, procedures, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a personal computer, general office equipment, two-way radio, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, e-mail, Intemet, or other computer programs. Communicates with supervisor, employees, other departments, vendors, service providers, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Attends vadous meetings as needed; attends meetings of homeowner associations. © MAXlMUS, INC. Page 2 Last Revised: June, 2002 City of Boynton Beach, Florida · Solid Waste Supervisor 55029 Maintains a comprehensive, current knowledge of applicable policies and regulations; maintains an awareness of new processes, trends, and advances in the profession; reads professional literature; attends seminars, workshops, and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, distributing documentation, or processing incoming/outgoing mail. Provides assistance to other employees or departments as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Vocational/Technical degree with training emphasis in solid waste operations; supplemented by three (3) years previous experience and/or training that includes solid waste collection operations, customer relations, supervision, equipment operation, and personal compuLer <x)erations; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida ddver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment1 M_=chinery~ Tools1 and Materials Utilization: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments. Verbal Aptitude,.: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Az)titude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. © MAXlMUS, INC. Page 3 Last Revised: June, 2002 City of Boynton Beach, Fiodda· Solid Waste Supervisor 55029 Functional Reasoninq: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability:. Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and dLscrimir~ate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, odors, wetness, humidity, rain, temperature and noise extremes, hazardous materials, machinery, vibrations, traffic hazards, bright/dim light, or rude/irate customers. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © MAXlMUS, INC. Page 4 Last Revised: June, 2002 City of Boynton Beach 2003-20O4 Pay Plan Position Classifications CBB Pay Plan Revised: 07/24/2003 TABLE OF CONTENTS City of Boynton Beach .................................................................................. COMPENSATION PLAN .................................................................................................................. 3 EMPLOYEE DEFINITIONS .............................................................................................................. 3 Full-time Employees ...................................................................................................................................... 3 Part-time/Temporary/Seasonal Employees .................................................................................................... 3 Individual Contract Employees ....................................................................................................................... 3 Exempt Employees ........................................................................................................................................ 4 Non-Exempt Employees ................................................................................................................................ 4 Bargaining Unit Employees ............................................................................................................................ 4 Trainee/Apprentice ........................................................................................................................................ 4 PAY POLICIES ................................................................................................................................. 5 Work Week .................................................................................................................................................... 5 Hours Included in Work Week (Bargaining Unit contracts may vary.) ............................................................. 5 Pay Period ..................................................................................................................................................... 5 Paycheck Distribution .................................................................................................................................... 5 Compensation Rates ..................................................................................................................................... 5 Hiring Rate ..................................................................................................................................................... 6 Promotion: ..................................................................................................................................................... 6 Demotion: ...................................................................................................................................................... 6 Lateral Transfer ............................................................................................................................................. 7 Reclassifications ............................................................................................................................................ 7 Performance Evaluations ............................................................................................................................... 7 Non-paid status (Bargaining Unit contracts may vary) .................................................................................... 8 Overtime (Bargaining Unit contracts may vary) ............................................................................................. 9 Compensatory Time (Non exempt employees only) ....................................................................................... 9 Holiday Pay ................................................................................................................................................. 10 Vacation Leave Pay ..................................................................................................................................... 10 Sick Leave Pay ............................................................................................................................................ 10 Leave of Absence ........................................................................................................................................ 10 Workers' Compensation ............................................................................................................................... 1 Disability ...................................................................................................................................................... 11 Emergency Cash-In of Vacation and/or Sick Leave Time ............................................................................ 11 Sick Leave Transfer of Time (Donated Time) .............................................................................................. 12 Working Out of Class ................................................................................................................................... 12 Unauthorized Absence From Work .............................................................................................................. 12 Resignation/Termination Pay ....................................................................................................................... 12 Pay Plan A (Non-exempt) ............................................................................................................... 14 Pay Plan B (Exempt) ...................................................................................................................... 24 Pay Plan C: (Firefighters) ............................................................................................................... 32 Pay Plan D: (Police) ....................................................................................................................... 35 Appendix A: Holiday Schedule Pay Periods & Pay Dates .............................................................. 36 2003 - 2004 Holiday Schedule .................................................................................................................... 37 2003 - 2004 Pay Periods & Pay Dates ........................................................................................................ 38 Appendix B: Bargaining Unit Job Titles .......................................................................................... 39 Job Titles Covered by SEIU Local 1227 (White Collar Unit Job Titles) ......................................................... 40 Job Titles Covered by SEIU Local 1227 (Blue Collar Unit Job Titles) ........................................................... 41 Glossary ......................................................................................................................................... 42 Index ............................................................................................................. 45 CBB Pay Plan 2 Revised: 07/24/2003 CITY OF BOYNTON BEACH 2003-2004 PAY PLAN COMPENSATION PLAN The 2003-2004 compensation plan of the City of Boynton Beach as adopted shall remain in effect until superseded. The compensation plan is not vested and does not constitute a contractual obligation of the c~ty. This summary document includes pay specific excerpts from the City's Personnel Policy Manual (PPM), the Administrative Policy Manual (APM), bargaining unit agreements currently in effect and certain items specific to the pay plan. Any additional details, questions or other information regarding benefits or terms and conditions of employment should be researched in the full document. While in some cases many of the terms and conditions of compensation for general employees covered by this pay plan are the same as the terms and conditions outlined in various collective bargaining agreements, additions or deletions to this pay plan will not affect members of bargaining units unless ratified as an amendment to their current contract. Unless it is outlined in a union contract or in policies that supersede this document, the pay plan is the final indicator in the administration of payroll matters. The City Manager shall be responsible for interpreting the application of the compensation plan with regard to pay questions not specifically covered by the plan. EMPLOYEE DEFINITIONS Full.time Employees Hired for and regularly scheduled for thirty-six (36) or more hours per work week. These employees are eligible for City provided benefits. Each new employee must successfully complete a twelve-month probationary period. Part.time/Temporary/Seasonal Employees Hired for and regularly scheduled for fewer than 36 hours per work week. Employees hired as part-time, temporary or seasonal will be paid the rate indicated for such job title, hour for hour, and are not eligible for any City benefits. Part-time employees will accrue no seniority except credit toward service recognition awards. Persons filling vacancies created by regular employees on leave of absence are considered part time. Individual Contract Employees Certain management positions may be designated by the City Manager as Contract positions. These individuals will be hired as City employees under a written letter of appointment that stipulates the term of the contract, salary, benefits and all other terms and conditions of employment. CBB Pay Plan 3 Revised: 07/24/2003 Exempt Employees The Fair Labor Standards Act (FLSA) allows for specific exemptions from the Act's regulations. These exemptions are based on the nature of the employee's job and include managerial/supervisory, professional and certain administrative employees. These individuals must meet specific requirements regarding salary, primary duty and the exercise of discretion and independent judgment. Non-Exempt Employees Non-exempt employees are paid time and one-half for all hours worked in excess of 40 per week and must be paid at least the hourly minimum wage set by federal law. For shift schedule Firefighters, overtime is paid for all hours the employee is required by his/her supervisor to stay longer than the assigned 24-hour_schedule. For Police Officers assigned to an 11.5-hour schedule, overtime is paid for all hours worked in excess of 170 hours in a 28-day work cycle. Bargaining Unit Employees Employees whose positions have been certified by the Public Employee Relations Committee (PERC) as appropriate for inclusion in one of the following bargain units: IAFF - Firefighters FOP - Police Lieutenants PBA - Police Officers and Detectives FOP - Police Sergents SEIU - Blue Collar Positions SEIU - White Collar Positions Trainee/Apprentice New appointments to a position may be designated as apprentice or trainee provided the position is not classified as such and shall be paid at a rate not greater than 10% below the starting rate for that classification for a period not to exceed 6 months. When the employee attains the proficiency or certification during or by the end of_the six months, they can be advanced to the normal starting rate of pay. The trainee will remain on probationary status until the end of their first year of employment. No trainee appointment shall extend beyond 6 months without proceeding to the starting rate for that classification. If the trainee does not meet standards at the six-month evaluation, the Department Head and Human Resources Director will discuss the options available and determine the course of action on a case-by-case basis. CBB Pay Plan Revised: 07/24/2003 PAY POLICIES Work Week The City Manager shall establish hours of work in accordance with the needs of the City and considering the reasonable needs of the public who may desire to do business with various City departments. For purposes of the pay plan, the City's work week starts at 12:01 a.m. Monday and ends at 12:00 a.m. (midnight) the following Sunday for a total of seven consecutive days. Hours Included in Work Week (Bargaining Unit contracts may vary.) Counted toward overtime: Regular scheduled hours worked Vacation Leave Sick Leave Not counted toward overtime: Holidays Leave Without Pay Family Sick Funeral Leave Jury Duty Annual Military Leave Vacation hours used in lieu of or when suspended Paid or Unpaid Administrative Leave Other absences from duty on active pay status Pay Period Each pay period is comprised of two consecutive work weeks. Each pay period starts at 12:01 a.m. Monday and ends at 12:00 a.m. (midnight) Sunday 14 consecutive days later. Paycheck Distribution Paychecks will normally be distributed on Friday following the close of the pay period. Pay distribution will be adjusted to accommodate City observed holidays or emergencies that fall on a typical Friday pay date. The convenience of direct deposit is available for all employees. See Appendix A for check distribution dates. Compensation Rates All rates included in the compensation schedule represent the standard rates of compensation for employees. Positions which are non-exempt (eligible for overtime payments according to the Fair Labor Standards Act) are listed in Pay Plan A. Positions which are exempt (not eligible for overtime payments according to the FLSA) are listed in Pay Plan B. Firefighter_rates are listed in Pay Plan C. Sworn Police personnel rates are listed in Pay Plan D. The plans determine the comparable worth of each position and set the entry level of pay for each grade, the mid-point of the grade and the maximum rate of pay that may be earned within each grade. Contracts CBB Pay Plan 5 that specifically deviate from this Pay Plan will supersede the appropriate pay plan. In no case can a bargaining unit contract and the pay plan be used together for the same issue. Hiring Rate The beginning rate of pay for a classification shall be paid to any person who meets the minimum qualifications required for the position. A salary higher than the minimum may be approved when the new employee possesses qualifications and experience in excess of the minimum required and therefore justifying employment at a higher rate. A request for a hiring rate that exceeds the minimum of the grade must be approved by the Human Resources Director, the Finance Director and the City Manager prior to making the employment offer. Promotion: Employees interested in applying for a promotional opportunity must have been in their current position for a minimum of six months and have at least a meets standards performance level. Each promoted employee must successfully complete a six-month probationary period in the new position. Employees are eligible for the following increases in pay upon promotion: Promotion from non-exempt position to exempt position: +10% of mid-point of new grade or to minimum of new grade whichever is higher Promotion of one grade (exempt to exempt or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades: (exempt to exempt or non-exempt to non-exempt): +7.5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non-exempt): +10% of mid-point of new grade or to minimum of new grade, whichever is higher In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. Demotion: Upon demotion, an employee's rate of pay will be adjusted as follows: Decrease of one grade: -5% of mid-point of current grade (position leaving) Decrease of two grades: -7.5% of mid-point of current grade (position leaving) Decrease of three or more grades: -10% of mid-point of current grade (position leaving) In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. CBB Pay Plan 6 Revised: 07/24/2003 The pay of a promoted employee, who is demoted prior to completion of a probationary period, will be reduced by the same amount as the promotional increase. Exceptions to this policy may occur if there is a department restructuring that results in an involuntary demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. Lateral Transfer Employees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate. Reclassifications Positions may be considered for reclassification only upon written request of the Department Head, including detailed justification. If the reclassification is for a change to an existing position classification (e.g. Grade 13 to Grade 14), the incumbent must complete a position questionnaire, which will then be evaluated by the Human Resources Department. If the request is to change from one current position classification to another (e.g. Office Assistant to Office Assistant, Sr.), that justification must be included in the Department Head's request. Reclassification requests will be considered each year during the budget process. Reclassifications requested dudng the fiscal year will be considered only if the department is restructuring or realigning major responsibilities. Mid-year reclassifications must have the approval of the HR Director, Finance Director and City Manager. Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available in the department budget. Any salary change required by a reclassification will becom~ effective as of the date the reclassification is approved. Performance Evaluations For the full policy, procedures and forms for the performance appraisal program, refer to the Performance Evaluation Manual. (Some bargaining unit contracts may vary.) Employee performance evaluations provide a valid basis for personnel decisions relative to compensation, promotion, training, retention, and performance-related personnel actions. Evaluating performance is a continuous process that takes place throughout the year. The formal evaluation process is an opportunity to reinforce the guidance and information that the supervisor provides to the employee throughout the evaluation pedod. The basic evaluation schedule will be as follows: · Full time employees who are hired on or between April 1st and September 30th will receive their merit increase upon successful completion of their twelve-month probationary period. Full time employees who are hired on or between October 1st and March 30th will receive their merit increase as part of the first scheduled evaluation period following successful completion of the twelve-month probationary period. No merit increases will be awarded during the probationary period. All new hires will be eligible to receive any market adjustments as may be included in the budget. CBB Pay Plan Revised: 07/24/2003 7 · Each April 1", all employees will receive a performance evaluation based on goals and measurements agreed to the previous April l't · Each October 1't, all employees will receive a 6-month mid-year review to ensure that everything is on track for the completion of all goals by their deadlines. · Full-time employees who are promoted before September 30th will receive their 6-month evaluation six months from the date of the promotion and will receive consideration for a merit increase in the April 1st program. · Full-time employees who are promoted after October 1st will not participate in the April 1st program, but will receive consideration for a merit increase at the end of their six-month probation and will thereafter be included in the next year's April 1st program. · Part time employees who are hired to full time status on or between April 1st and September 30th will receive their merit increase upon successful completion of their twelve-month probationary period. Part time employees who are hired to full time status on or between October 1st and March 30~" will receive their merit increase as part of the first scheduled evaluation period following successful completion of the twelve-month probationary period. No merit increases will be awarded during the probationary pedod. Part time employees who are hired to full time status will be eligible to receive any market adjustments as may be granted by the City Commission. · Employees who transfer to another department on or before September 30"' will have their performance evaluations done by the receiving department. · Employees who transfer to another department after October 1st will have their evaluations for the period of their employment done by their former supervisor. This evaluation will form a part of the final review that will be done by the current supervisor. · Human Resources will provide notice when performance evaluations are due. The department and HR will provide follow up to ensure all deadlines are met. In order to receive an annual increase in pay, an employee must be given a written performance evaluation by their supervisor to determine the employee's ability to continue performing the duties of their job. The amount of the increase will be based upon the amount approved in the budget for the appropriate performance rating. Failure of a supervisor/department head to complete an employee's performance evaluation in a timely manner shall be reflected on that supervisor's/department head's annual performance evaluation. Employees who receive a performance evaluation that "does not meet standards" shall not receive an increase until they receive a performance evaluation that does "meet standards". Such increase shall not be retroactive to the employee's annual evaluation date, but instead, shall become effective as of the date that the employee's performance "meets standards". An employee who does not meet standards at the re-evaluation is subject to a non-disciplinary performance-based termination. Non-paid status (Bargaining Unit contracts may vary) Employees must be in a paid status for a minimum of 24 hours per week in order for the City to continue payment of their benefits premiums. CBB Pay Plan 8 Revised: 07/24/2003 Employees in a non-paid status for more than 16 hours in a work week will be personally responsible_for payments to the City for all insurance premiums, their own as well as any dependent premiums (medical, life, dental, etc.). No increments will be added to sick and vacation leave balances if an employee is in a non-paid status for more than 16 hours in a work week. Overtime (Bargaining Unit contracts may vary). The Fair Labor Standards Act (FLSA) provides that non-exempt employees are eligible to be paid at the rate of time and one half (1¼) for any hours worked over their regular work week of forty (40) hour. Overtime rate of pay is calculated by multiplying the employee's regular hourly rate by one and one half times. (See the pay plan for hourly rates). Example: Regular hourly rate: Overtime hourly rate 9.62 X 1¼ 14.43 For purposes of overtime, the City will follow the Department of Labor 7/8-minute rule. That is, employees cannot be in a work status more than seven minutes prior to or seven minutes after their regular workday unless they have their supervisor's approval. Each employee must be advised of the official start and ending time of their department's workday. The following types of pay are not included in determining the time and a half rate: 1. Discretionary bonuses paid in recognition of services performed during certain periods. 2. Payments made for benefits. Employees whose regular work week is less than 40 hours are eligible for overtime pay if they work more than 40 hours in a work week. Some exceptions for the Recreation department summer program employees exist based on the FLSA. The sworn members of the police and fire departments are covered under the FLSA 7k provision. See bargaining unit contracts for details. Compensatory Time (Non exempt employees only) The City has adopted the following schedule that is in compliance with FLSA for non-exempt employees. All compensatory time must have prior approval of the individual's supervisor/manager. Non-exempt: Compensatory time is used at the same rate the overtime rate would be paid (see overtime). Compensatory time must be used within a reasonable time from the time it was earned (within 30 days). Employees cannot carry forward a balance past this time. If the employee has not used the compensatory time within the 30 days, he/she must be paid for the time at the appropriate rate of pay. There are no exceptions to this rule unless so stated in a bargaining unit contract. CBB Pay Plan Revised: 07/24~2003 "" ADDITIONAL INFORMATION Holiday Pay Employees shall be paid for City of Boynton Beach designated legal holidays (see Appendix A for holiday schedule). Those called to work shall also be paid for time worked as provided. Hourly rate employees must work their full regular workdays immediately before and after the holiday or be in an authorized pay status on their full regular workday immediately before and after the holiday to receive pay for the holiday. Part-time, temporary and emergency appointed employees are not eligible for holidays with pay. Exempt employees that are required to work holidays are to be treated in one of two ways: 1. Be paid for the hours worked on the holiday at straight time plus holiday pay. 2. Be paid for the holiday and be given the hours worked on that holiday as straight time or as compensatory time to be used within 30 days of the date earned. Vacation Leave Pay Vacation leave will be paid at the employee's regular rate of pay. Employees will accrue but are not entitled to paid vacation time until they have been employed by the City of Boynton Beach for six months. Consult the vacation policy for the accrual schedule. Employees who have completed at least six months of service and then leave the City's employ, will be paid for any unused accrued vacation time. Sick Leave Pay Sick leave will be paid at the employee's regular rate of pay. Employees will accrue sick time each pay period and may take the time as needed upon accrual. The following hours per year may be taken for the illness of an immediate family member, and will be subtracted from the employee's sick leave bank: · Up to 40 hours per year may be taken for regular 40 hour weekly employees · Up to 72 hours for Fire shift employees · Up to 57.5 hours for regular Police 11.5 hours shift employees Employees who have completed at least 5 years of service and then leave the City's employ, will be paid for any unused accrued sick time at a percentage based upon completed years of service. Consult the sick leave policy for the accrual and payout schedule. Leave of Absence Eligible employees who have completed their probationary period may request unpaid leave for personal reasons after using applicable paid leave. Requests for leave must be in writing. Leaves of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. Leaves of absence in excess of 30 calendar days must be approved by the City Manager. Employees are expected to continue to pay for any benefit premiums, including their own personal coverage, while on leave without pay by sending premium payments to the Finance Department. Tuition Reimbursement Bargaining unit contracts may vary. CBB Pay Plan 10 Revised: 07/24~2003 The City will provide reimbursement for tuition and books for any full time regular (completed their year's probation) employee who chooses to attend an accredited college or university See the Professional Development program manual for full policies and procedures. Workers' Compensation Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provision of the Workers' Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive compensation equal to the difference between his/her Workers' Compensation check and his/her normal net take home pay. The Workers' Compensation insurance check will not necessarily be delivered on the regular pay date. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months or sooner, the Risk Manager, Department Head and Human Resources Director will review the case for a determination of the employee's physical ability to perform his/her City employment and extend the salary supplement. A recommendation for action will be submitted to the City Manager for approval. A report from the City's physician and the employee's attending physician will be considered along with all other relevant factors. In no case will the salary supplement be extended beyond six (6) months from date of injury. Disability Employees who are on disability leave, i.e., medical, workers' compensation, etc., will have their positions held for a maximum of 6 months from the date of injury or illness. If the employee fails to comply with any provisions required by the carrier handling the claim, they will waive their rights for reinstatement in their open position or any other position. Emergency Cash-In of Vacation and/or Sick Leave Time (Bargaining unit contracts may vary.) Employees faced with sudden extraordinary circumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up to 80 hours to cash (less applicable taxes) provided they,have 40 hours remaining in their vacation accrual account after the cash-in. Conversions must be done in increments of one work day. Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours cash-in will be calculated at 50% of the_employee's hourly rate. The total of vacation and sick may not exceed 80 hours and vacation hours must always be used before sick hours. A request must be made in writing outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once every two years. At the discretion of the City Manager, the time limit rule may be waived if there are exigent circumstances. CBB Pay Plan Revised: 07/24~2003 11 Sick Leave Transfer of Time (Donated Time) A full-time employee who is out for an extended personal illness and has depleted both their sick leave accrual and vacation leave accrual may ask their department manager to request donated sick time from other members of their department. If the employee is still unable to return to work after all department donated time has been used, the department head may request the Human Resources Director to request donated sick time from the general employee population. Employees wishing to donate time may use either accrued sick or vacation time, but must have 120 hours remaining in the contributing bank after the donation. Donations must be made in 4-hour increments. Working Out of Class When an employee is qualified for and is temporarily assigned the authority, duties and responsibility for a position allocated to a higher classification, the employee shall receive an increase in salary to the minimum of the class temporarily assigned or five percent (5%) over the employee's regular rate of pay, whichever is greater. All out of class assignments must be made by the supervisor and receive prior approval from the Department Head. All out of class payments shall be based upon a regular and continuous assignment and shall be paid for all time worked in the position, once the employee has continuously performed the additional duties for a minimum of two consecutive weeks (80 hours). Such payment shall be made only for the time the employee is actually performing the higher level duties and will be retroactive to the first day the employee assumes the position. The provisions of this paragraph will not apply when performing the duties of the position allocated to a higher classification for the purposes of training, or if the issue of working out of class is covered by a collective bargaining agreement. Employees may not assign themselves to work out of class. Employees may be assigned to a split of the duties in the higher classification, however, such split must be evenly divided between employees. Compensation shall be split evenly as well. Upon release from duties and responsibilities of the position assigned to a higher classification, the employee's salary will be reduced to the rate the employee would be receiving had the temporary assignment never been made. Working Out of Class has no correlation to position reclassification and should not be confused with or considered as such. Unauthorized Absence From Work Unauthorized absence is defined as failure to meet the assigned schedule and/or failure to notify the department as required. If an unauthorized absence continues for a period of three (3) working days, the department head may consider the employee as having abandoned the job and given a voluntary resignation. Resignation/Termination Pay There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided by policy. For additional information on resignations and terminations, refer to the Personnel Policy Manual, section VIII. Note: Some individual letters of appointment may include termination pay provisions. CBB Pay Plan 12 Revised: 07/24/2003 Pay Plan A: Non-Exempt Positions 13 CBB Pay Plan Revised: 07/24/2003 ' Pay Plan B: (Exempt) 2003 - 2004 Pay Plan B: Exempt Positions CBB Pay Plan 23 Pay Plan C: (Firefighters) 2003 - 2004 Pay Plan C: Firefighters 31 CBB Pay Plan Revised: 07/24/2003 ~L 0 Pay Plan D: (Police) 2003 - 2004 Pay Plan D: Police Officers Police Sergeants Police Lieutenants CBB Pay Plan 34 Revised: 07/24/2003 Appendix A: Holiday Schedule Pay Periods & Pay Dates 36 CBB Pay Plan Revised: 07/24/2003 , Holiday New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Day 2003 - 2004 Holiday Schedule Observed 2003 Wednesday, January 1, 2003 Monday, January 20 Monday, February 17 Monday, May 26 Friday, July 4 Monday, September 1 Tuesday, November 11 Thursday, November 27 Friday, November 28 Wednesday, December 24 Thursday, December 25 2004 Thursday, January 1,2004 CBB Pay Plan 37 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 9. I°. 1. :2. :3. !4. !5. 2~. 2003 - 2004 Pay Periods & Pay Dates Pay Period tPay Date Paychecks wdl nonmally be distributed on Friday following the close of the pay period. Pay distribution will be adjusted to accommodate City observed holidays or emergencies that fall on a typical Fdday pay date. September 22 - October 5 October 6 - October 19 October 20- November 2 November 3 - November 16 November 17- Nov. 30 December 1 - December 14 December 15 - December 28 December 29 - January 11 January 12 - January 25 20O3 Friday, October 10, 2003 Friday, October 24 Friday, November 7 Friday, November 21 Friday, December 5 Friday, December 19 20O4 Friday, January 2,2004 Friday, January 16 Fdday, January 30 January 26 - February 8 Friday, February 13 February 9 - February 22 Friday, February 27 February 23 - March 7 Friday, March 12 March 8 - March 21 Friday, March 22 - April 4 Friday, March 26 April 9 April 5- April 18 Friday, April 23 April 19 - May 2 Friday, May 7 May 3 - May 16 Friday, May 21 May 17 - May 30 May 31- June 13 Friday, June 4 Friday, June 18 July 2 July 16 June 14 - June 27 Friday, June 28 - July 11 Friday, July 12 - July 25 Friday, July 26 - August 8 Friday, August 9 - August 22 Friday, August 23 - September 5 Friday, September 6 - September 19 Friday, July 30 August 13 August 27 September 10 September 24 ~ CBB Pay Plan Revised: 07/24/2003 38 Appendix B: Bargaining Unit Job Titles CBB Pay Plan Revised: 07/24/2003 39 Ail regular 00222 11952 11942 15252 22302 22202 04322 70252 46202 1.1782 11762 11752 08222 08212 08201 11352 70212 11342 00332 OO312 00342 00272 22312 22212 08282 7O262 70222 44202 11332 11302 25222 46222 46212 46232 30202 26202 00202 00212 22342 24222 Job Titles Covered by SEIU Local 1227 (White Collar Unit Job Titles) full-time employees in the following classifications: Administrative Clerk Animal Control Supervisor Animal Control Supervisor. Sr. Assistant Fire Marshall Building Inspector Building Inspector, Sr. Buyer CADD Technician Chemist Code Compliance Inspector Code Compliance Officer Code Compliance Officer, Sr. Communications Dispatcher Communications Specialist Communications Supervisor Community Service Officer Construction Inspector Crime Scene Technician Customer Relations Clerk Customer Relations Clerk, Sr. Customer Relations Specialist Data Support Technician Electrical Inspector Electrical Inspector, Sr. EMS Billing Specialist Engineering Plans Analyst/Inspector Engineering Technician Environmental Inspector Fingerprint Examiner Forfeiture Specialist/Evidence Custodian Housing Rehabilitation Inspector* Laboratory Field Technician Laboratory Technician Laboratory Technician, Sr. Library Associate Occupational License Inspector Office Assistant Office Assistant, Sr. (except in City Mgr. Office) Permit Application Technician Planning Technician 22332 22232 24232 22322 22222 113O2 00292 OO342 00232 48222 Plans Review Analyst Plans Review Analyst, Sr. Plans Review Technician Plumbing and Mechanical Inspector Plumbing and Mechanical Insp., Sr. Police Forfeiture Spec/Evid. Cust. Police Records Clerk Recording Secretary Secretary (except in Police) Utility Field Inspector EXCLUDED: "All managerial, professional, supervisory, confidential, part-time employees and all other employees of the City of Boynton Beach." 40 CBB Pay Plan Revised: 07/24/2003 , Job Titles Covered by SEIU Local 1227 (Blue Collar Unit Job Titles) 2-12-01 Unit Clarification Pending' All regular full-time employees in the following classifications: 44231 81391 81201 81211 54201 81401 82251 82261 82231 82241 82211 82221 82201 81221 81231 81241 81251 56211 56201 56221 63271 63281 81261 81271 04521 61211 61201 81281 63291 41211 81381 82321 81351 82301 82311 81361 61231 Assistant TV Specialist Automated Truck Operator Building Maintenance Mechanic Building Maintenance Mechanic, Sr. Bus Driver Chief Electrician Crew Supervisor Crew Chief Supervisor, Sr. Crew Leader Crew Leader, Sr. Crew Worker Crew Worker, Sr. Custodian Electrician Electrician, Sr. Equipment Operator Equipment Operator, Sr. Fleet Mechanic Fleet Mechanic, Sr. Fleet Service Technician Golf Equipment Mechanic Greenskeeper Heavy Equipment Operator HVAC Mechanic II Inventory Control Specialist Lifeguard Lifeguard, Sr. Maintenance Technician Mechanic/Greenskeeper Meter Reader Painter Parks & Recreation Crew Leader Parks Maintenance Specialist Parks Maintenance Worker Parks Maintenance Worker, Sr. Pipelayer Recreation Leader 04541 81341 04531 44211 44221 44241 81301 81321 81311 81331 42241 42221 42211 42201 42231 42231 81291 Service Writer Sign & Marking Technician Storekeeper TV Truck Specialist Utilities Location Specialist Utilities Location Specialist, Sr. Utility Equipment Operator Utility Maintenance Mechanic, Sr. Utility Maintenance Mechanic' Utility Service Technician Water Plant Lead Operator Water Plant Operator I Water Plant Operator II Water Ptant Operator III Water Plant Process Technician Water Process Technician Welder INCLUDED: "All employees employed in the public works department, utilities department, parks and recreation department, street department, warehouse department, the greenskeeper, golf course maintenance mechanic and golf cart mechanic in the golf course department and lifeguards below foremen level." EXCLUDED: "All part-time and seasonal employees, employees of the police and fire department, all clerical employees, all managerial employees, all foremen, all supervisors, all technical employees, and lifeguard captain." 41 CBB Pay Plan Revised: 07/24/2003 Glossary 42 CBB Pay Plan Revised: 07/24/2003 , GLOSSARY The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRA'[-JVE POI. iCY MANUAL: the publication that contains official policy guidance of the City Administration for all City employees. ANNIVERSARY DATE: an employee's date of hire or re-hire, whichever is later. CALENDAR YEAR: standard calendar dates of January 1 through December 31 of any year. CLASS/CLASSIFICATION: a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated by a title indicative of the nature of work and which carry the same range. COMPENSATORY TIME: time off in lieu of payment for hours worked in excess of 40 per week. Accrual and use of compensatory time must have the prior approval of the employee's supervisor, must be accrued at the rate it was earned (example straight time for straight time, time and one-half for time and one-half), and must be in accordance with the Fair Labor Standards Act. CONTINUOUS SERWCE: uninterrupted employment with the City. CONTRACT EMPLOYEE: either an employee under an individual employment contract or an employee covered bv a collective bargaining agreement. DEMOTION: the assignment of an employee to a position in a lower class having a lower salary range than the position from which the assignment is made. DISMISSAL: the discharge of an employee from his/her position with the City. The terms termination and dismissal are interchangeable. EMPLOYMENT L~ST: a list of persons who have been found qualified for appointment to a position in a particular class. EXAMINATION: any selection instrument(s), technique or procedure used to measure the relative knowledge, skills, and abilities for candidates competing for positions. These may include evaluations of training and experience, performance tests, oral interview, written tests, evaluations of performance appraisals, etc. EXEMPT EMPLOYEE: any employee whose position is determined by the Fair Labor Standards Act to be exempt from (not eligible for) overtime. FI~SCAL YEAR: the City's financial accounting year from October 1 through September 30 of any year. FULL-TIME EMPLOYEE: an employee who is regularly scheduled to work a minimum of 36 hours per week. .1OB TITLE: a definite descriptive designation for a job classification. CBB Pay Plan Revised: 07/24/2003 43 NON-CONTRACT EMPLOYEE: any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. NON-EXEMPT EMPLOYEE: any employee whose position is determined by the Fair Labor Standards Act to be eligible for overtime after 40 hours of work per week. OVERTIME PAY: pay for overtime worked in excess of 40 hours per week. Certain schedules in Police and Fire may differ. PAY RANGE: a salary range established by the City Commission with a minimum and maximum base salary. PART-TIME EMPLOYEE: means an employee who is scheduled to work fewer than 36 hours per week. PERSONNEL POLICY MANUAL: the publication that contains the personnel policies to be followed and a~plied to all non-contract employees and, whenever incorporated, into bargaining unit agreements or individual appointment contracts. POSITION: a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES: any employee who is serving in a new position either by appointment, promotion, demotion, or reclassification. PROBATIONARY PERIOD (Initial): a period of twelve (12) months from date of hire or Promotion from a part-time to a full-time position. During this pedod an employee may be discharged, demoted, or suspended without warning or statement of cause. PROMOTION: the assignment of an employee to a position in a higher class having a higher salary range than the position from which assignment is made. There is a probationary pedod of six (6) months from the date of promotion. RECLASS1~FICATION: the repositioning of a position to either a higher or lower pay grade based on analysis of the responsibilities and requirements of the position. REGULAR EMPLOYEE: an employee who has successfully completed a probationary period. 7/8 MINUTE RULE: an employee is not eligible for overtime until he/she has been on the job for more than seven minutes, i.e.. at the start of the 8th minute they would then receive 15 minutes at the overtime rate. Likewise if they work 23 minutes they would be paid at 30 minutes overtime or if they work 22 minutes they would be paid for 15 minutes at time and one half. This procedure will be followed if an employee reports to work late. UNION EMPLOYEE: an employee whose position is within a certified bargaining regardless of whether or not the employee elects to pay membership dues to the bargaining unit. CBB Pay Plan 44 Revised: 07/24/2003 Index CBB Pay Plan Revised: 07/2412003 45 '/8 Minute Rule, 9, 44 ~dministrative Leave, 5 Administrative Policy Hanual, 43 Administrative Policy Manual (APM, 3 Anniversary Date, 43 Bargaining Unit, 4, 6 Beginning Rate of Pay, 6 Calendar Year, 43 Class/Classification, 43 Compensation Plan, 3 Compensation Rates, 5 Compensatory Time, 9, 43 Continuous Service, 43 Contract Employee, 43 Demotion, 6, 43 Disability, 11 Dismissal, 43 Donated Time, 12 Emergency Cash In of Vacation Time, 11 Employee Definitions, 3 Bargaining Unit, 4 Contract, 3 Exempt, 4 Non-Exempt, 4 Part-time, 3 Seasonal, 3 Temporary, 3 Trainee/Apprentice, 4 Employment List, 43 Evaluations, 7 Examination, 43 Exempt Employee, 43 Fair Labor Standards Act, 4, 5, 9, 43, 44 Family Sick Allowance, 5, 10 Firefighter, 4, 5 Firefighters, 9 Fiscal Year, 43 FLSA, 4, 5, 9. See Fair Labor Standards Act Full.Time Employee, 3, 43 Funeral Leave, 5 Glossary, 43 Hiring Rate, 6 Holiday Pay, 10 Holidays, 5 .]ob Title, 43 Jury Duty, 5 Lateral Transfer, 7 Leave of Absence, 10 Leave Without Pay, 5 Letter of Appointment, 3, 12 Military Leave, 5 CBB Pay Plan Revised: 07~24~2003 INDEX Minimum Qualifications, 6 Non-Contract Employee, 44 Non-Exempt Employee, 44 Non-Paid Status, 8 Out of Class, 12 Overtime, 9, 44 Part-Time Employee, 44 Pay Dates, 38 Pay Period, 5 Pay Plan A (Non-exempt), 14, 24 Pay Policies, 5 Pay Range, 44 Paycheck Distribution, 5 Performance Evaluations, 7 Personnel Policy Manual, 44 Personnel Policy Manual (PPM),, 3 Police, 5, 9 Lieutenant, 4 Officer and Detective, 4 Sergeant, 4 Police Officers, 4 Police Pay Plan, 35 Position, 44 Probationary Employees, 44 Probationary Period, 44 Professional Development, 11 Promotion, 6, 44 Reclassification, 44 Reclassifications, 7 Regular Employee, 44 Regular Hours, 5 Resignation, 12 SEIU Blue Collar, 4, 41 White Collar, 4, 40 Sick Leave, 5, 12 Sick Leave Pay, 10 Sick Leave Pay-Out, 10 Suspension, 5 Termination, 12 Transfer, 7 Tuition Reimbursement, 11 Unauthorized Absence, 12 Union Contract, 3, 6, 9 Union Employee, 44 Unpaid Leave, 10 Vacation Leave, 5 Vacation Pay, 10 Work Week, 5 Workers' Compensation, 11 Working Out of Class, 12 46 NOTES: COB Pay Plan Revised: 07/24/2003 47 V.-CONSENT AGENDA ITEM C.11 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comymssioa Meetin~ Dates [] August 5. 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date lrmal Form Must be Turned in to City Clerk's Office July 14. 2003 (Noon.) August 4. 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Comrmssion Meetina Dates [] October 7. 2003 [] October 21. 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to C[W Clerk's Office September 15. 2003 (Noon) October 6. 2003 (Noon) October 20, 2003 (Noon) November 3. 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Ratify the actions of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On July 31, 2003, the South Central Regional Wnstewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on various items that are now before the City Commission for ratification. This City Commission ratification is the confirmation proces~ for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not ratify their actions. Janet M. Prainito, CMC City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AT THE QUARTERLY MEETING OF JULY 31, 2003, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RATIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, t he South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of July 31, 2003, as set forth in the attached Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on July 31, 2003, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this __ day of August, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk EXHI]BIT "A" o Authorization to expend $4,000 from Repair & Replacement funds on an emergency basis to replace water booster pump and progressive cavity pump for polymer system. Authorization to expend $1,200 from Repair & Replacement funds to replace cutter blade and screen for sludge grinder Authorization to expend $4,500 from Repair & Replacement fund for replacement of screw dewatering conveyer Authorization to expend $5,000 from Repair & Replacement fund to replace seals on (4) screening building scrubber pumps Authorization to expend $2,700 on an emergency basis from Repair & Replacement fund to replace teeth on bar screens Authorization to expend $3,300 from Repair & Replacement fund to replace 150HP fan motor for aeration scrubber Authorization to expend $3,500 from Repair & Replacement funds on an emergency basis to replace screw and weir bars on grit cover 8. Authorization to expend $3,000 from Repair & Replacement funds on an emergency basis to replace level controller on bar screens 9. Authorization to expend $2,000 from Repair & Replacement fund to pain interior walls of bar screen room 10. Authorization to expend 59,500 from Repair & Replacement fund on an emergency basis to replace clarifier 1 and 2 bridge supports and align and reweld spacer bars on bar screens 11. Authorization to establish wastewater user rate to cities for fiscal year 2003.'2004 as follows: Operations & Maintenance $0.634/1,000 Gal Reserves $0.180/1,000 Ga! Total $0.815/1,000 Gal 12. Authorization for acceptance of 2003/2004 Wastewater and reclaim O & M Budgets and wastewater repair and replacement expenditures (sinking fund) BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone /561) 272-7061 (561) 734-2577 Fax: t561) 265-2357 E-mail: scrwwtp~ ix. netcom.co m TO: FROM: DATE: RE: MEMORANDUM Janet Prainito CITY OF BOYNTON BEACH Mary Ann Shumilla ~'/~ ~/~ August 7, 2003 RATIFICATIONS FOR SIGNATURE Attached are the Ratifications from the Quarterly Annual Meeting of July 31, 2003 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $4,000. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE WATER BOOSTER PUMP AND PROGRESSIVE CAVITY PUMP FOR POi. YMER S YS TEM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $1,200. FROM REPAIR & REPLACEMENT FUNDS TO REPLACE CUTTER BLADE AND SCREEN FOR SLUDGE GRINDER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $4,500 FROM REPAIR & REPLACEMENT FUND FOR REPLACEMENT OF SCREW DEWA TERING CONVEYER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $5,000 FROM REPAIR & REPLACEMENT FUND TO REPLACE SEALS ON (4) SCREENING BUILDING SCRUBBER PUMPS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July $1, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $2,700 ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUND TO REPLACE TEETH ON BAR SCREENS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $3,300. FROM REPAIR & REPLACEMENT FUND TO REPLACE 150HP FAN MOTOR FOR AERATION SCRUBBER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $3,500. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE SCREW AND WEIR BARS ON GRIT COVER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $3,000. FROM REPAIR & REPLACEMENT FUNDS ON EMERGENCY BASIS TO REPLACE LEVEL CONTROLLER ON BAR SCREENS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $2,000 FROM REPAIR AND REPLACEMENT FUND TO PAINT INTERIOR WALLS OF BAR SCREEN ROOM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this __ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $9,500 FROM REPAIR AND REPLACEMENT FUND ON AN EMERGENCY BASIS TO REPLACE CLARIFIER I AND 2 BRIDGE SUPPORTS AND ALIGN AND REWELD SPACER BARS ON BAR SCREENS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Deiray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE TO CITIES FOR FISCAL YEAR 2003/2004 AS FOL L 0 WS: 2002/2003 OPERATIONS & MAINTENANCE RESERVES $o.63s/1,ooo em~ $0.~8o/1,ooo eL TOTAL $0.815/1,000 ~AL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 31, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 31, 2003, by a vote of 7-0, approve AUTHORIZATION FOR ACCEPTANCE OF 2003/2004 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney SOUT. H:C:EN~i:KEGIO. liIAL: WASTEWA'I~ER :TREAY'NENT:.~:: DISPOSAL BO.~D 7/9/03 0:00 WASTEWATER OPERATIONS az IvIAINTENANCE BUDGETS ! 999-2004 DESCRIPTION 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 2003-2004 ACTVAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,079,825 $1,143,982 $1,160,016 $1,261,000 $1,213,900 $1,296,000 OPERATING EXPENSES: 1,730,299 1,696,650 1,887,011 2,029,000 2,242,200 2,371,000 SERVICES 681,602 621,327 774,534 722,000 633,500 543,000 OPERATIONS/MAJNTE NANCE 707,232 760,768 819,636 914,000 1,022,300 1,187,000 CHEMICALS/SUPPLIES 341,465 314,558 292,841 393,000 586,400 541,000 TOTAL PERSONNEL AND OPERATING EXPENSES 2,810,124 2,840,632 3,047,027 3,290,000 3,456,100 3,667,000 OPERATING CONTINGENCY 0 0 50,000 50,000 0 50,000 ENGINEERING 44,128 22,310 50,416 59,000 36,000 59,000 TOTAL BUDGET $2,854,252 $2,862,942 $3,147,443 $3,399,000 $3,492,100 $3,776,000 ~AGE 02 "ERSONNEL ACCOUNT NO__, 1212 12121 1214 12151 12152 1221 1223 12231 12232 12233 1224 1225 1236 O SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DESCRIPTION 1999-2000 2000-2001 2001-2002 2002~2003 2002-2003 2003-2004 ACTUAL AI~,TUAL ACTUAL BUD(~ET PROJECTED BUDGET REGULAR WAGES $771,326 $791,950 $791,354 $855,000 $838,000 $869.000 SICK LEAVE REDUCTIONS 3,122 3,083 11,534 6,000 14,000 11,000 OVERTIME 37,961 53,160 40,634 50,000 42,500 50,000 EMPLOYEE ASSIST. PROG. 594 590 540 1,000 700 1.000 PLANT PERFORMANCE 9,725 10,000 10,300 10,000 0 10,000 SOCIAL SECURITY 64,558 68,009 67,208 77,000 73,000 80,000 HEALTH INSURANCE 57,866 65,690 77,056 89,000 83,000 86,000 DENTAL INSURANCE 5,992 6.336 5,956 7,000 6,000 7,000 DISABILITY INSURANCE 5,630 5,584 5,536 7,000 6,000 7,000 LIFE INSURANCE 1,056 1,040 1,158 2,000 1,000 2,000 WORKERS' COMPENSATION 26,048 36,171 39,907 40,000 40,000 47,000 UNEMPLOYMENT 2,289 142 0 1,000 1,000 1,000 PENSION 93,078 101,495 107,900 115,000 108,000 124,000 PAYROLL CONTINGENCY 580 732 933 1,000 700 1.000 TOTAL PERSONNEL SERVICES $1,079,825 1,143,982 1,160,016 $1,261,000 $1,213,900 $I .296.000 PAGE 03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SERVICES ~COUNT NO._.¢ 3100 3110 3112 3120 3200 3300 3400 3402 3404 3406 3410 3411 3412 3500 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED MEDICAL SERVICES $399 $240 $936 $2.000 $500 LEGAL (GENERAL & ADMIN) 10,126 18,651 29,164 25,000 28,000 LEGAL (TOXICITY) 0 0 0 2,000 SERVICES (G & A) 5,173 4,602 7.319 7,000 4,000 AUDITING 21,081 20,414 19,861 24,000 23,000 LAB PERMIT TESTING 0 0 40,656 46,000 46.000 PRETREATMENT 28,923 7,444 0 0 0 TOXICITY TESTING 18,284 8,899 262 0 0 CHEMICAL ANALYSIS 3,818 10,578 0 0 0 METER CALIBRATION 7,016 8.011 6.480 8.000 7,000 SLUDGE HAULING 480,892 425.991 571,264 500,000 420,000 GRIT HAULING 58,449 74,389 57,569 51,000 70,000 TRASH HAULING 0 452 0 2,000 1,000 SERVICES (O & M) 47,441 41,656 41,023 55.000 34,000 TOTAL SERVICES $681,602 $621,327 $774.534 $722,000 $633.500 2003-200, BUDGET $2.000 29.000 2,000 7,000 22,000 46000 0 0 0 8,000 400,000 79,000 2,000 46,000 S643,0 PAGE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD - ~ E RATiONS/MAiNTENANCE ACCOUNT NO~ DESCRIP~ON 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED 4000 VEHICLE EXPENSE $6,055 4020 BOARD CONTINGENCY 2,817 4100 TELEPHONE 12,664 4102 POSTAGE 3,049 4300 ELECTRICITY 422,036 4302 WATER 11,134 4303 IRR. REUSE WATER 6,143 4400 EQUIPMENT RENTAL 98 4500 INSURANCE 73,108 4600 M & R EQUIPMENT 34,543 4620 M & R VEHICLES 6,439 4630 M & R GROUNDS 6,502 4640 M & R BUILDINGS 5,836 4650 M & R UNSPECIFIED 17,277 )0 ADVERTISING 1,762 4902 LICENSE & PERMITS 15,139 5400 MEMBERSHIP DUES & SUBSCRI[ 6,902 5410 TECHNICAL TRAINING 1,716 5420 EDUCATIONAL EXPENSES 3,000 6400 CAPITAL ASSETS 71,012 TOTAL OPERATIONS/MAINT. $707,232 $3,017 $7,095 $8,000 $8,000 3.414 2,856 5,000 3,400 11,643 14,706 24.000 20,000 3,154 3,902 5,000 5,000 519,747 481,965 525,000 590,000 11,568 13,000 13,000 11,000 7,742 7,279 8,000 8,000 959 1,463 2,000 1,500 102,719 184,503 185,000 255,000 27,901 33,381 40,000 31,000 6,741 6,452 11.000 8,000 4,073 4,336 5,000 3,400 5,672 5,643 6,000 6,000 6,830 6,331 20,000 20,000 1,268 1,987 2,000 2,500 16,523 12,465 16,000 14,500 6,489 10,522 10,000 10,000 2,320 7,135 8,000 7,000 563 1,963 3,000 3,000 18,425 12,652 18,000 15,000 $760,768 $819.636 $914,000 $1,022,300 2003-2004 BUDGET $10,000 5,000 24,000 6,000 689,000 13,000 8,000 2,000 295,000 40,000 12,000 5,000 6,000 20,000 2,000 16,000 11,000 12,000 3.000 8,000 $1,187,000 PAGE 05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 'qEMICALS/SUPPLIES ACCOUNT NO_.~ DESCRIPTION 5t 00 OFFICE SUPPLIES 5201 SAFETY SUPPLIES 5202 GENERAL OPERATING 5203 JANITORIAL SUPPLIES 5204 LABORATORY SUPPLIES 5210 CHEMICALS 5220 OIL, FUEL, LUBRICANTS 5230 CONSTRUCTION MATERIALS 5240 UNIFORMS 5250 SMALL TOOLS < $500 5251 OFFICE EQUIPMENT < $500 5252 LAB EQUIPMENT < $500 TOTAL CHEMICALS/SUPPLIES 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 2003-2004 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET $4.393 $5,116 $4,483 $6,000 $5,000 $6,000 3,765 2,255 3.228 4,000 4,000 4,000 19,561 15,936 18,137 20,000 20,000 20,000 1,374 2.272 1,644 2,000 2,000 2.000 28,761 24.286 5,904 4,000 4,000 6,000 258,963 245,630 242,431 324,000 520,000 470,000 13,498 9,640 3,618 15,000 16,000 15,000 1,074 1,288 2,581 3,000 2,700 3,000 5.941 5,401 7,052 8,000 8.000 8.000 3.055 2,431 3.763 4,000 3,000 4,000 330 300 0 2,000 1 200 2,000 750 0 0 1,000 500 1.000 $341,465 $314,555 $292,841 $393.000 $586.400 $541,000 UPERATING EXPENSES (SUMMARY) SERVICES OPERATIONS/MAINTENANCE CHEMICALS & SUPPLIES $681,602 $621,327 $774,534 $722,000 707,232 760,768 819,636 914,000 341,465 314,555 292,841 393,000 $633,500 $643,000 1,022,300 1,187,000 586,400 541,000 TOTAL OPERATING EXPENSES $1,730,299 $1,696,650 $1,887,011 $2,029,000 $2,242,200 $2,37:,000 bAChE ~ SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY JCOUNT 4990 DESCRIPTION OPERATING CONTINGENCY TOTAL OPERATING CONTINGENCY 1999-2000 2000-2001 2001-2002 ACTUAL ACTUAL ACTUAL $0 $0 $0 $0 $0 $0 2002-2003 BUDGET $50,000 $50,000 2002-2003 PROJECTED $0 $0 2003-2004 BUDGET $50.000 $50,000 PAGE 07 SOUTH CENTRAL REGIONAL WA~TEWATER TREATMENT AND DISPOSAL BOARD ENGINEERING ACCOUNT NO.~, 3150 3160 3162 3163 DESCRIPTION 1999-2000 2000-2001 2001-2002 2002-2003 2002-2003 2003-2004 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET GENERAL $39,301 $20,236 $48,342 $51,000 $36,000 $51,000 BIOTOXIClTY 0 o o 0 0 0 PRETREATMENT 3,427 2,074 2,074 5,000 0 5,000 THERMAL SCREENING 1,400 o o 3,000 0 3,000 TOTAL ENGINEERING $44,128 $22,310 $50,416 $59,000 $36,000 $59.000 GRAND TOTAL BUDGET: $3,776,000 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD '~RSONNEL ACCT, NO. 1212 12121 1214 ACCOUNT TITLE REGULAR WAGES SICK PAY REDUCTION OVERTIME DESCRIPTION Base wages - 21 Regular Employees; 1 part-time 4 Administrative 2 Lab & pretreatment 11 Operators 5 Maintenance Includes 4% average merit pay increase 4% salary adjustment for (3) employees $95,000 for Reuse (31.00/hr) Employees have the annual option to cash out (at 50% payment) all sick days in excess of fifteen (15) accrued in sick day bank. Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 12142 Maintenance 12143 Shift 1 Coverage 12144 Shift 2 Coverage 12145 Shift 3 Coverage 12146 Training 12148 Holiday Coverage 12149 Lab/Pretreatment 12150 Special Projects Reuse Wastewater 3,000 5,000 6,000 6,000 6,000 2,000 16,000 4,000 2,000 2003-2004 BUDGET $964,000 (95,000) $869,O00 11,000 50,000 12151 12152 1221 1223 12231 EMPLOYEE ASSISTANCE PROGRAM PLANT PERFORMANCE SOCIALSECURITY/ MEDICARE BLUE CROSS/BLUE SHIELD HEALTH INSURANCE DENTALINSURANCE Board cost: $2.25 per employee per month. Provides family counseling and referral services to employees and their families. Award given to those employees whose performance has contributed to overall efficiency of Plant as recommended by Executive Director and approved by the Board. Employer's estimated cost: 7.65% currently = Social Security - 6.2%; Medicare - 1,45%. Board cost per employee is estimated @ $340.00 monthly. (Dependent coverage not provided by Board). Board cost per employee: $28.00 monthly (Dependent coverage not provided by Board). 1,000 10,000 80,000 86,000 7,000 AS OF 7/08/2003 PERSONNEL (cont.) ~CCT. NO, ,2232 DISABILITY INSURANCE 12233 LIFE INSURANCE 1224 WORKERS' COMPENSATION 1225 UNEMPLOYMENT 1236 PENSION 1240 PAYROLL CONTINGENCY TOTAL PERSONNEL DESCRIPTION Long term disability insurance provided by the Board at approximately 1% of 40 hour base pay per employee. Cost: $0.58/$100.00 compensation. Board provides $10,000 life insurance. $.48 per $1,000. Cost per employee based on a 40 hour base pay. Anticiapte a 15% increase. Paid on a reimbursable basis according to claims received. Defined Board contribution based on 40 hours base pay for participants plus administrative fees. Employee annual appreciation dinner and luncheons (i.e.: retirements, recognitions, and safety awards). 2003-2004 BUDGET 7,000 2,000 47,000 1,000 124,000 1,000 $1,296,000 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES. ACCT. NO. ACCOUNT TITLE DESCRIPTION 2003-2004 BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $2,000 3110 LEGAL (ADMIN & LABOR) 3112 LEGAL (TOXICITY) 3120 SERVICES: General & Administrative 3200 AUDIT FEES Attorney fees: 31101 Admin - Federspiel 31103 Pension - Richard Burke 31104 Lewis, Longman & Walker Continuing Operational Permit Legislation 31121 Federspiel 31125 Lewis, Longman & Walker 31201 Accounting & Bookkeeping 31202 Computer Consultant 31208 Copier Maint. Contract 31208 Others 32001AnnualAudit $24,000 3,000 2,000 1,000 1,000 1,000 2,000 2,000 2,000 29,000 2,000 7,000 22,000 3300 LAB PERMIT TESTING Palm Beach County Water Utilities Laboratory per Intergovernmental Agreement 46,000 3406 METER CALIBRATION FLORIDA SERVICE Calibration of transmitters, totalizers, recorders, and flowmeter pump as required. 6,000 3410 SLUDGE HAULING Based on liquid hauling rate of $43.00/1,000 gals. = $706,000 or $10.62 per cu. Yd. for cake = $400,000. 400,000 3411 GRIT HAULING 3412 TRASH AND HAULING 3500 SERVICES: Operations, Maintenance & Professional TOTAL SERVICES 40 trips @ $800.00;40 @ $1,100; 12 @ $300.00 per trip. Tipping fee for trash hauling. 35001 Centrifuge 35002 Air Scrubbers Balancing 35003 Generators 35004 Lawn Maintenance 35005 Admin. Building Cleaning 35008 Other 35009 Contract Labor 15,000 2,000 5,000 15,000 6,000 2,000 1,000 79,000 2,000 46,000 $643,O0O OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATIONS/MAINTENANCE JCT. NO. ACCOUNT TITLE DESCRIPTION 4000 VEHICLE EXPENSE 4020 BOARD CONTINGENCY Lease vehicle; Mileage reimbursement @ $0.36/mite; Fuel for company vehicles 1 leased automobile. 40001 Leased Vehicle 40002 Mileage Reimbursement 40003 Fuel for Vehicles Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 40202 Board Expense: Meals and Entertainment 40204 Board Expense: Travel, Lodging $4,000 1,000 5,000 1,000 1,000 3,000 4.100 TELEPHONE EXPENSE 4102 POSTAGE Monthly base fees and long-distance usage including Fax machine, 3 cellular phones and E-mail/Internet U.S. Mail - Rate .37 first class 4300 ELECTRICITY $.057 per KWH including surcharge for peak usage. 12,100,000KWH consumed 2003-2004 BUDGET $10,000 5,000 24,000 6,000 689,000 4302 ~03 4400 4500 4600 WATER CONSUMPTION IRR. REUSE WATER EQUIPMENT RENTAL INSURANCE EXPENSE M & R EQUIPMENT Budgeted for 500,000 gallons/month Irrigation water cost 4,000,000 gal/month @ $.20/1000 Cranes, various equipment, and instru- ments as required in maintenance and operations. 45001 Commercial Property 45002 Commercial Excell Property 45003 Boiler & Machinery 45004 Commercial Package 45005 Equipment Floater 45006 Petroleum & Tank Liability 45007 Pollution Liability Annual repair items for pumps and plant equipment: 46001 Influent Building 46002 Aerators 46003 Blower Building 46004 Scrubbers 46005 Clarifier 46006 Return Building 46007 Solids Building 46008 Chlorination 46009 EQ Building 46010 Effluent Building 46011 Shop Building 46012 Office Building 46013 Dechlorination 46014 Miscellaneous (GMS) 46015 Operators Office 46016 Lime Silo 46017 Solid Holding Building 125,000 100,000 7,000 45,000 5,000 1,000 12,000 4,000 2,000 3,000 4,000 1,000 2,000 5,000 1,000 1,000 1,000 1,000 1,000 1,000 10,000 1,000 1,000 1,000 13,000 8,000 2,000 295,000 $40,000 OPERATIONS/MAINTENANCE (cont.) ';CT. NO. ACCT. TITLE 4620 M & R VEHICLES 4630 M & R GROUNDS 4640 M & R BUILDINGS 4650 M & R UNSPECIFIED 4900 ADVERTISING 4902 LICENSES AND PERMITS 5400 MEMBERSHIP DUES AND SUBSCRIPTIONS DESCRIPTION Annual repairs for vehicles: 46200 Company Vehicles 46201 Tractor 46202 Leased Auto 46203 Service Carts 46204 Boom Lift 46205 Other Landscaping, sprinkler systems, retention ponds, piping, fertilizer, etc. Painting, Repair or replacement of dcors, screens, locks, windows, ceiling tiles, bulbs electrical, plumbing, and lighting. Funds for emergency or unidentified equipment deficiencies that require upgrade or improvement in operation. Advertisement and legal ad allowance related to plant operation or bids and public notices. STATE Operating Permit Storage Tank Risk Management PALM BEACH COUNTY Air Pollution Licenses Wellfield Permit Storm Water Tags on Trucks Wastewater CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage Special District Fee Other Dues - Professional organizations Professional Registration and licenses, journals and subscriptions. 4,000 2,000 5OO 4,000 1,000 5OO 7,500 50 1,000 8,550 100 75 50O 200 2,150 3,025 2,400 175 95O 3,525 2003-2004 BUDGET 12,000 5,000 6,000 20,000 2,000 16,000 11,000 OPERA'rlONS/MAINTENAN C E (cont.) ACCT. NO. ACCT. TITLE '410 TECHNICAL TRAINING 5420 6400 EDUCATIONAL EXPENSES CAPITAL ASSETS DESCRIPTION Operators' Shod Schools, Regional schools, Lab Technical, and Quality Assurance Short Schools; Personnel Seminars and technical conferences; computer classes 54101 Conferences 54102 Meals 54103 Travel & Lodging 54104 CEU courses Classes, books & fees. Purchase of needed Assets Required for Continuous Operation and not amoritized in Sinking Fund. Used Golf Cart Sampler for lab 3,500 1,500 6,000 1,000 3,500 4,500 2003-2004 BUDGET 12,000 3,000 8,000 TOTAL OPERATIONSIMAINT. $1,187,000 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES ACCT. NO. ACCOUNT TITLE DESCRIPTION 2003-2004 BUDGET 5100 OFFICE SUPPLIES 5201 SAFETY SUPPLIES Copier paper, stationery, business cards, check printing, general office supplies, & necessities. Gloves, protective glasses, face shields, hearing protection, overboots, ear-plugs, muffs, emergency eye wash, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. 6,000 4,000 5202 GENERAL OPERATING SUPPLIES 52O3 5204 JANITORIAL SUPPLIES LABORATORY SUPPLIES Operating supplies, raingear, hard-hats, boots, drager tubes, gloves, hoses, firehoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. Mops, brooms, paper goods, brushes, all necessary janitorial cleaning supplies. Laboratory upgrades and replacements. Reagents, glassware, replacement of equip- ment, apparatus. Lab supplies consumed by Process testing done in house. 20,000 2,000 6,000 5210 CHEMICALS 52101 Polymer: 68,400 lbs @ $1.24 + 256,500 lbs @ $75 lb 52102 Lime: Calculated 690 tons @ $117.56 per ton. 52103 Chlorine: 180 tons@ $319.00/ton. 52104 Bisulfite: 312,480 lbs. @ $.088/Ib 52105 Misc. Chemicals 52106 Caustic 11,700 gal @$1.42 per gal 52107 Sulfuric Acid 79,612 lbs. @ $.08/Ib. $275,000 81,000 60,000 28,000 2,000 17,000 7,000 470,000 CHEMICALS AND SUPPLIES (cont.) ;CT. NO. ACCOUNT TITLE 5220 OIL, GREASE, DIESEL AND LUBRICANTS 5230 CONSTRUCTION MATERIAL 5240 UNIFORMS 5250 SMALL TOOLS AND EQUIPMENT PURCHASE 5251 OFFICE EQUIPMENT 5252 LAB EQUIPMENT TOTAL CHEMICALS AND SUPPLIES DESCRIPTION 10,000 gallons Diesel fuel for generator, gas, grease, oil, and lubricants for pumps and mowers. Walkways, signs, fencing, rails, platforms, small shelters, concrete, etc. Additional office and storage units. Board participates 50% in uniform rental. Board cost: $750/week. Provides five (5) new sets of uniforms to non-renters each year basis cost of $200.00 per employee. Approved protective safety shoes: $85.00 employee per year. Handtools, drills, bits, files, small toolboxes, electrical equipment, and small maintenance tools < $750.00 value. Filing cabinets, chairs, calculators, adding machines, office mats, shelves, printers, tables < $750.00 value. Small equipment <$750.00 2003-2004 BUDGET 15.000 3,000 8,000 4,000 2,000 1,000 $541,000 OPERATING CONTINGENCY 3CT. NO. ACCOUNT TITLE 4990 OPERATING CONTINGENCY DESCRIPTION To be utilized as a supplement for any line items which are exceeded during the budget year. Status of this Fund to be reported to Board. 2003-2004 BUDGET $50,000 ENGINEERING ACCT. NO. 3150 3162 ACCOUNT TITLE GENERAL PRE-TREATMENT DESCRIPTION 3150 Risk Management 31501 Permit Assistance 31502 Process Control $1,000 25,000 25,000 5,000 2003-2004 BUDGET $51,000 $5,000 3163 THERMAL SCREENING 3,000 3,000 TOTAL ENGINEERING $59,0O0 Rev. 07/03/03 GRAND TOTAL BUDGET: $3,776,000 f:\docs~budge~acct de~atl [y0204 AGENDA # J (2) SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ANNUAL RECLAIMED BUDGETS: ACTUAL, BUDGETED PROJECTED ACCOUNT NO. DESCRIPTION 1999-2000 2000-2001 2001-2002 2002-2003 -- ACTUAL ACTUAL ACTUAL BUDGET R 1212 REGULAR WAGES $73,103 $79,231 $85,218 $95,000 R 31101 LEGAL 156 429 2,149 5,000 R 31502 ENGINEERING 1,900 3,568 2,635 3,000 R 32001 AUDIT 2,000 4,157 2.259 4.000 R 3402 TESTING 5,124 2,845 13,800 15,000 R 3406 METER CALIBRATION 0 432 0 1,000 ~ 35004 SERVICES (LAWN MAINT) 10,267 12,000 11,170 15,000 R 4300 ELECTRICITY 92,761 104,830 95,534 96,000 R 45001 iNSURANCE 4,357 6,112 17,539 20,000 R 46014 M & R EQUIPMENT 7,708 8,179 6,949 8,000 R 4640 M & R BUILDING 1,213 154 76 1,000 R 4902 LICENSES & PERMITS 18 84 0 0 R 5204 SUPPLIES LAB 4.884 3,759 628 1,000 4 52103 CHEMICALS CHLORINE 31,969 41.458 37,358. 40.000 TOTAL BUDGET.~ $235,460 $267,238 - $275,315 $304,000 EXCEL\REUSE OETA~- 0204 2002-2003 PROJECTED $87,600 3,300 4,000 4,000 14,900 4O0 12,500 95,000 27,000 8,000 50O 0 5OO 39,000 $298,700 2003-2004 BUDGET $95,000 5,000 4,000 2,000 15,000 1,000 9,000 104 30,000 8.000 1,000 0 1,000 40.000 $315,000 AS OF 7/08/03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 2003-2004 RECLAIM BUDGET ACCT. NO. ACCOUNT TITLE DESCRIPTION R 1212 REGULAR WAGES Reuse charged ($31.00/hr) for work performed on system R 31101 LEGAL Atttorney fees associated with reuse R 31502 ENGINEERING Engineering fees associated with reuse R 32001 AUDIT Audit fees for reuse R 3402 TESTING Costs associated for lab fee required by DEP R 3406 METER CALIBRATION Calibration of transmitters, totallizers, recorders as required R 35004 SERVICES Cost incurred for maintenance of grounds associated with reuse R 4300 ELECTRICITY per KWH including surcharge for peak usage R 45001 INSURANCE Property liability package for reuse covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reuse pumps & equipment R 4640 M & R BUILDINGS Cost incurred for repair of reuse buildings R 4902 LICENSE & PERMITS Cost for State & local reuse permits R 5204 LAB SUPPLIES Lab supplies consumed for testing required by DEP for reuse R 52103 CHEMICALS Chlorine 133 tons @ $300 per ton 2003-2004 BUDGET $95,000 5,000 4,000 2,000 15,000 1,000 9,000 104,000 30,000 8,000 1,000 1,000 40,000 TOTAL BUDGET: $315,000 7/8103 exce~REUSE 200~4 REPAIR ~r REPLACElqENT FUND 2003/2004 NONE BUDGETED FOR THIS FISCAL YEAR. EXCEL\BUDGETeR&R0304 CAPITAL PROJECTS 50/50 FROiq EACH CITY REUSE EXPANSION Construction (Matching Grant Funds) Consultant TOTAL: $100,000 30~000 $~3o,ooo Word\budget\cap pro j0304 AGENDA ~ J (!) WASTEWATER OPERATIONS, lqAINTENANCE ~ RESERVES FUND USER RATE ~. PRO]ECTED REVENUES RATE 0.63511,000/gal O & M 0.180/1,000/aal Reserves ~ Total PROIECTED FLOW MINIMUM 16.3 mgd AVERAGE 17.2 mgd MAXIMUM 18.1 mgd RATE OPERATIONS 6; lqAINTENANCE $0.63511,000 GALS. $0.635/1,000 GALS. $0.635/1,000 GALS. INCOME $3,778,000 $3,987,000 $4,195,000 RESERVES FOR REPAIRS az REPLACEMENT MINIMUM 16.3 mgd AVERAGE 17.2 mgd MAXIMUM 18.1 mgd $0.18/1,000 GALS. $0.18/1,000 GALS. $0.18/1,000 GALS. $1,070,000 $1,130,000 $1,189,000 RECLAIlq USER RATE a[ PROIECTED REVENUES Note: Rate established by Co~tract to be $0.20/1,000 gal. for reuse water and $0.08/1,000 gal. for storage. Complete audit will be performed at end of Fiscal Year to determine if rate increase is required. LOCATION ~ MINIMUM Country Club of Florida 0.20 $16,000 Delray Dunes 0.28 20,000 Hunters Run 0.28 51,000 Pine Tree 0.28 24,000 Quail Ridge 0.28 123,000 South Central Regional 0.20 $240,000 $26,000 20,000 51,000 40,000 180,000 6~00Q 323,000 $35,000 38,000 51,000 35,000 205,000 8,00Q $372,000 E XC EL~u~get~-eserve0304 ,ised 6/18/03 Requested City Commission Meeting Dates [] August 5.2003 [] August 19, 2003 [] September 2, 2003 [] September 16,2003 NATURE OF AGENDA ITEM V.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 14. 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15. 2003 (Noon) October 6. 2003 (Noon) October 20, 2003 (Noonl November 3, 2003 (No ..o3~ [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation '~' [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 19, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be APPROVED, subject to all staff comments and additional conditions to address banding around windows, dumpster enclosure gates, and the identification of the easternmost building as "proposed" if to be combined in one phase. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-100. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRiPTION: The Paving Lady (NWSP 03-100) Thomas Potter Janice M. Riley-Potter 1000 W. Industrial Avenue Request for site plan approval for construction of a 12,480 square foot, industrial building, with related site improvements on a 1.44-acre lot in the M-I Industrial zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,/ N/A D e v e [?4~n e n(b e p ~mfi nt'~D il~}o r City Manager's Signature Planning and Zonitig Director City Attorney / Finance / Human Resources S:~Planning\SHARED\WP~PROJECTSXPaving LadyXAgenda Item Request Paving Lady NWSP 03-008 8-19-03.dot S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANN1~NG AND ZONI'NG DZV]:S1'ON MEMORANDUM NO. PZ 03-100 STAFF REPORT Chairman and Members Community Redevelopment Agency Board and City Commission Michael Rumpf?~ Planning and Zoning Director. Maxime Ducoste-A. ?~,,{.o~2~ ~ Planner 3une 19, 2003 Paving Lady / NWSP 03-008 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PRO.1ECT DE$CR]:PTION 3anice M. Riley-Potter Thomas Potter Thomas Potter Lot 3 Boynton Industrial Park North (see Exhibit "A"- Location Map) Industrial/M-1. No change proposed Paving contractor warehouse. 1.44 acres (62,694 square feet) Vacant property (Lot # 4) with an Industrial land use designation and zoned Industrial (M-l); Developed property (Lot #2) warehouse/industrial business with an Industrial land use designation and zoned Industrial (M-l); C.S.X. Railroad Right-of-Way; and West Industrial Avenue right-of-way, farther west are developed single-family homes with a Low Density Residential designation and zoned R-i-A. Staff Report - Paving Lady (NWSP 03-008) Memorandum No PZ 03-100 Page 2 Project size: Site Characteristics: Proposal: Traffic: Drainage: Driveways: Parking Facility: Office: Warehouse: Future building: 2,800 square feet 1,250 square feet :~,440 square feet The site is currently an undeveloped cleared, ;L.44-acre lot. ]:t is predominately vegetated with a variety of overgrown grasses. There is no other vegetation of any significance. The subject property is surrounded by other industrial uses, and zoned M-1. The north property line of the subject property is screened by a chain link and wood fence. The applicant, Thomas Potter is seeking approval to construct a 2,800 square foot building measuring fourteen feet (14'-0'~ in height, and a 1,250 square foot warehouse building with a height of twenty-one feet (21"-0'~. This proposal includes a future 1,440 square foot warehouse building. Further, a "paved equipment storage area" is proposed at the rear (east) of the property. The buildings, with related parking will be for a paving contractor business (See Exhibit "B" - Proposed Site Plan). A traffic statement for this project was submitted and was sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined the project is in compliance with the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the city's review. The city's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review (see Exhibit "C" - Conditions of Approval). The project proposes one (:~) main point of ingress / egress along West ~[ndustrial Avenue. The entrance would be comprised of a 32ofoot wide ingress / egress driveway. The proposed on-site traffic circulation system consists of one (~.), two-way drive aisle 27-feet in width, extending through the interior of the site. Since the project is within the Community Redevelopment Agency boundaries, the required backup distance for parking lot drive aisles is reduced from 27 feet to 24 feet in width. The parking spaces required for the proposed project have been tabulated based on the ratio of one (1) space per 500 square feet of gross floor area, which is required for manufacturing and industrial uses. Based on the total square footage proposed, :L:L parking spaces are required. However, the applicant is providing a total of :[5 parking spaces including two (2) handicap spaces. All spaces except the handicap spaces will be dimensioned nine and one half feet by eighteen and one-half feet (9 1/2' x 18 1/2~ and will include wheel stops. Staff Report - Paving Lady (NWSP 03-008) Memorandum No PZ 03-100 Page 3 Landscaping: The proposed landscape material would fully meet the code requirements when staff comments are incorporated. The proposed pervious or "green" area is ].].,473 square feet or ].9% of the total site. A 50-foot wide drainage easement is currently located along the western (front) property line. A seven (7) foot wide landscape buffer is proposed east of the aforementioned easement area. This landscape buffer would contain Royal Poinciana and Yellow Elder trees with :[xora Nora Grant and Blue Plumbago shrubs to be planted at the base of the trees. A landscape buffer five (5) feet in width would be provided along the north, south, and east property lines. These perimeter buffers will have a row of Cabbage Palm, Live Oak, and Golden Trumpet trees. The foundation plantings around the building are extensive, exceed code requirements and further enhance the site. The development would be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article TT. Building and Site: Building and site regulations would fully meet code when staff comments are incorporated into the permit drawings. The maximum height allowed by the H-1 zoning district is 45 feet. All proposed buildings would comply with this maximum height requirement. Design: The proposed building facade, as viewed from the south elevation (see Exhibit "B'~, is standard of the typical one (].)-story industrial structures constructed in this M-1 zoning district. The proposed building front fa(;ade would have a single door entry covered with a yellow awning facing south. The proposed rectangular-shaped building would be constructed of stucco painted white (Behr W-F-620). Banding with multiple score lines is proposed at the higher portion of the building and to be painted yellow (Behr S-G-350) and black (Behr DC4C-20-4) on a stucco finish. The window and single door entry will be white while accent band trims will be black in color. Signage: The project is proposing one (1) wall sign. The wall sign measures ].4.5 square feet and would be located on the proposed yellow awning covering the entry on the east facade depicting the company's name. One (].) double-faced freestanding monument sign is proposed depicting "The Paving Lady, :[nc". lettering measuring 36 square feet in area. This site sign is to be placed in the "drainage ditch" and would extend approximately 6 feet above the sidewalk grade. The proposed wall signs and the freestanding sign comply with sign standards including maximum sign area and height as set forth in the Land Development Regulations, Chapter 21. RECOMMENDAT'ZON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. The Planning and Zoning Division recommends that this request for site plan be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Staff also recommends that the deficiencies identified in this Exhibit "C" be corrected on the set of plans submitted for building permit. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\wp\Projects\PAVING LADY~NWSP 03-O08\Staff Repo..doc Location Map PAVING LADY NWSP 03-008 EXHIBIT "A" c~ ...... iSITE I'll Z m x r- NW?iQTH AVl NW_9TI'-'I AV PU N EXHIBIT "B" WEST li?i ~1~I m,, 3 'I PAVING LADY EXHIBIT "B" .i I PAVING LADY Janm Buskom, P.E. EX "B" I " ii II"1~ , ~f9!iii! Ill,l Iil · l;,,ih 'h ~ , / ~ !ii i!i9i~ I I I~ Il.III,Ii ] . _ :~ ~ ~ ] PAVING LADY n lille '. · EXHIBIT "C" Conditions of Approval PrOJect name: The Paving Lady File number: NWSP 03-008 Reference: 2nd review plans identified as a New Site Plan with a June 17, 2003 Planning & Zoning Department date stamp mark/ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (see CODE, Section 26-16(b)). FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Provide written and graphic scales on all sheets. X 4. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 5. Show proposed site lighting on the landscape plans (LDR, Chapter 4, X Section 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article Il, Section A. 1 .a and Florida Building Code). Provide a note that the fixtures shall be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT operated by photoelectncal control and are to remain on until 2:00 a.m. ~~ (LDR, Chapter 23, Article II, Section A. 1 .a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article 11, Section A on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10f.5). If possible please provide photometrics as part of your TRC plan submi~als, 6. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article 1I, X Section 5.H). 7. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 8. A complete review of details as shown on C-2, C-3 and C-$ will not be X reviewed for construction acceptability at this time. All engineenng construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DMSION Con-m~ents: 9. Indicate within the site data the occupancy type of each building as defined X in Chapter 3 of the 2001 Florida Building Code. 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. A water-use permit for the irrigation system is required from the South X Florida Water Management District. A copy of the permit shall be submitted at the time of peru-fit application. Florida Statute 373.216. 13. Clearly show the door on the toilet room marked "ADA". The swing of the X door on both accessible toilet rooms shall comply with the 2001 Florida Buildin~ Code, Section 11-4.22.2. PARKS AND RECREATION X Comments: None DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: 14. All trees on the Plant List must be listed in the specifications as a minimum X of 12 feet-14feet height, 3-inch caliper at DBH (4.5 feet offthe ground), and Florida #1 (Florida Grades and Standards manual) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 15. Trees listed in the Palm Beach County "invasive plant species" and" X invasive non-native plant" listing should not be included in the landscape design. [Environmental Regulations, Chapter 7.5, Article I Sec. 19A.5.] 16. The applicant should indicate a minimum of 50% native species calculation X on all landscape materials throughout the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 3.N.] 17. The West Industrial Avenue road right-of-way must receive sod and X irrigation coverage. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Comments: 18. An environmental review permit is required. Apply for an environmental X review permit. 19. The landscape plan should show the location of all outdoor freestanding X lighting structures. 20. The freestanding monument sign is proposed to be located within the 50- X foot drainage easement. Provide an express written consent of all legal entities occupying said easement at time of permitting. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 21. Provide a consistent 6-inch banding around all windows on the proposed X buildings. 22. On the plans correct the notations regarding the future building to X "proposed buildings". 23. The gates on the dumpster enclosure be replaced with wood gates with steel X frames. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 24. To be determined. S :~Planning\S HARE D\WP~ROJECTS~Paving Lady\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Paving Lady APPLICANT'S AGENT: Thomas Potter APPLICANT'S ADDRESS: 1820 Tom-A-Toe Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2003 TYPE OF RELIEF SOUGHT: Site Plan Approval for a 4,175 square foot office/warehouse in an M-1 zoning district. LOCATION OF PROPERTY: 1000 W. Industrial Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Paving Lady\DO.doc V.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Cit3' Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 19, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the ~ject request be APPROVED subject to staff comments. For further details pertaining to the request, see attached Development Memorandum No. PZ 03-188. c~-~ EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: First Baptist Church of Boynton Beach (SPTE 03-002) Carl A. Casio, P.A. First Baptist Church 301 North Seacrest Boulevard Request for a one (1) year time extension for major site plan modification approval granted on May 5, 2002, to May 5, 2004. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNATIVES.~ N/A Develo_o_o~ent D~artment Dir~:tor Planning and Zoning~rector City Attorney / Finance / Human Resources s APlanning~SHARED\WP~PROJECTS~irst Baptist Church of BB~SPTE 03-002La, genda Item Request First Baptist Church of BB SPTE 03-002 8-19- 03.dot SXBULLETIN~eORMS~GENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PRO3ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-188 Chairman and Members Community Redevelopment Agency Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP Planner August 4, 2003 First Baptist Church of Boynton Beach / SPTE 0:~002 Site Plan Time Extension Property Owner: Applicant/Agent: Location: Existing Land Use / Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DE$CRI:PTZON First Baptist Church Carl A. Cascio, P.A. 301 North Seacrest Boulevard (see Exhibit "A"- Location Map) Local Retail Commercial (LRC) and Low Density Residential (LDR) / Neighborhood Commercial (C-2) and Single-family Residential (R-lA) No change proposed 31,192 square foot expansion to an existing 23,040 square foot church 167,193 square feet (3.84 acres) Right-of-way for Northwest 3rd Avenue, farther north are single family homes, zoned R-lA; Right-of-way for Boynton Beach Boulevard, farther south is the United States Post Office, zoned C-2 and still farther south are single-family homes, zoned R-lA; Right-of-way for Seacrest Boulevard; farther east is a developed commercial plaza, zoned C-3; northeast are single and multi-family homes, zoned R-2; and Right-of-way for Northwest 1~ Street, farther west are commercial uses, zoned C-2; farther northwest are developed single-family homes, zoned R- lA. Page 2 Memorandum No. PZ 03-188 Mr. Carl A. Cascio, agent for the First Baptist Church of Boynton Beach is requesting a one (:t)-year time extension, for the major site plan modification approval (NSpIvl 0:t-02;t) originally granted on Nay 21, 2002. 1;ts accompanying request for a height exception (HTEX 02-00:t) was simultaneously approved with the site plan. The subject property currently contains dual zoning districts, namely Neighborhood Commercial (02) and Single-family Residential (R-;tA). The northern one-half of the property is zoned R-1-A and the southern one~half is zoned C-2. it is also comprised of several lots assembled as one (:~) parcel under one ownership for a total of 3.84 acres. At one time, Northwest 3rd Court traversed through the interior of the subject parcel. The original abandonment process of this right-of-way began in 1994 when a 374-foot segment of Northwest 3r~ Court . was abandoned per Resolution 94-53 and closed to Seacrest Boulevard. The 1999 request to abandon the remaining portion of the right-of-way for the anticipated church expansion is now complete. The subject site is developed with an existing 23,040 square foot church. Built in ;t948, the church is located at the northwest corner of Boynton Beach Boulevard and Seacrest Boulevard. The property owner (First Baptist Church of Boynton Beach) proposes to construct a two- (2) story 3l,;t92 square-foot expansion to the existing church facility for a total of 54,230 square feet. The applicant has already demolished a commercial building on the lot in order to accommodate the church expansion. If this request for site plan extension is approved, the new expiration date of this site plan would be May 2004. On May 2~., 2002, the City Corrrnission approved this major site plan modification subject to 28 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. The accompanying height exception (HTEX 02-00~.) application contained no conditions of approval. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one year to secure a building permit from the Development Department". it states further that the City Commission may extend the approval for one (1_) year provided that the applicant has flied a request for a time extension prior to the expiration of the original approval, in this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 16, 2003, prior to the expiration date. On January 27, 2003, the applicant submitted drawings for building permits for the new church building. Building Division staff reviewed the permit application and prepared comments to the applicant. A time extension for the building permit application, which is set to expire on October 2:t, 2003, has been filed with the Building Division. Therefore, the applicant is acting in "good faith" to start construction of the church expansion. These reasons are justification and need for the formal request for major site plan modification extension. However, the applicant may be required to submit an updated traffic study with a build-out year past 2003 in order confirm continued complian(e with the Traffic Performance Standards of Palm Beach County (see Exhibit "B"- Conditions of Approval). Page 3 Memorandum No. PZ 03-188 RECO f-ll~lE N DA'I"~ O N Staff recommends approval of this request for a one (1)-year time extension of the major site plan modification approval (MSPM 01-021)) and its corresponding height exception (HTEX 01-003). This recommendation is based on the "good faith" effort shown to build the project, the fact that traffic concurrency has been maintained, and no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2002. Approval of this request for site plan extension would extend the project's expiration date to May 21, 2004. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. No new conditions of approval are recommended in conjunction with this site plan extension except for perpetual maintenance of the approved traffic concurrency. In any case, any new conditions of approval recommended by the Board or required by the City Commission would be placed in Exhibit "B" - Conditions of Approval. Staff would not support a second extension, if so requested, due to the upcoming rewrite of the Land Development Regulations. The site plan would be required to meet all new regulations at that time. S?,Plannmg\Shared\Wp\Projects\First Baptist Church of BB\SPTE 03-002\Staff Report.~oc Location Map EXH lB IT "&" First Baptist Church 3F~D-AXTE 8OO 0 8OO 1600 Feet EXHIBIT "B" Conditions of Approval prOJect name: First Baptist Church of Boynton Beach File number: SPTE 03-002 Reference: Application received May 16. 2003. DEPARTMENTS I%'CLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNI!NG AND ZONING Comments: 1. If need be, the applicant shall extend the "build-out" year past 2003 on the traffic impact statement for concurrency purposes. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 2. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: Page 2 First Baptist Church Site Plan Time Extension File No.: SPTE 03-002 DEPARTMENTS 3. To be determined. S P~annmg'-qhar~dXWp~?roj¢cts First Baptist Church of BBXSPTE 03-002\COA doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME ' APPLICANT'S AGENT: APPLICANT'S ADDRESS: First Baptist Church of Boynton Beach Carl L. Cascio, P.A. 639 East Ocean Avenue, Suite 207 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION' August 19, 2003 TYPE OF RELIEF SOUGHT: Site plan extension for 31,192 square foot expansion to an existing 23,040 square foot church on 3.84 acres LOCATION OF PROPERTY: 301 North Seacrest Boulevard DRAWING (S): None attached _ THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the publ'.c finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. o o The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ~ DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planmng\ShAREO\WP~PROJEOTS\First t~a~t;st Churcl~ of OB\SPTE 03-002\DO.~loc City Clerk V.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates _ . August 5, 2003 ~ August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7,2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve the donation of $1,000.00 to Florida Missing Children from Law Enforcement Trust Fund. EXPLANATION: On September 8, 2003 the Missing Children Advisory Board will be conducting its annual ceremonies in Tallahassee. In accordance with Florida State Statute 932.7055 the department maintains a law enforcement trust fund, which contains the cash, proceeds of property forfeited to the agency pursuant to the Florida Contraband Forfeiture Act (FCFA). The statute provides that any law enforcement agency that acquires at least $15,000.00 pursuant to FCFA within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood or school resource officer programs. PROGRAM IMPACT: FISCAL IMPACT: Funding will be in Law Enforcement Trust Fund Account 691-5000-590-04-25 ALTERNATIVES: / Department Head's Signature City Manager's Signature Police Department Name City Attorney)' ~inance / Human Resources S:LBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC BO.4 RD MEMBERS 2002-2003 Bill J. Hebro~k Chairm~n Doa Ryce Vice-Chairman Chief Car~ AIvarez M~l D~ PD Wffiiam Bau~ead Depa of Ju~ J~ C~l~ Bra~ F~ O~r FL A~n of Re~ur~ H~at~r Cox Ch~ Daly F~ N~rk F~ DHSMV Gar~t Lavaa Dukea DOE Chief Ja~ Ga~ard Veto B~ck PD C~rl~ H~ DOE, Tra~n Smpha~ ~ Phyllla Law DOE, ~fe Sc~ S~ff ~ La~aa~r C~y C~ SO Ja~ MrNabb F~ Ch~r of C~mmer~ Jim Marda~h P~ Tkom~ ~w Enforcement A~emy Tena Pa~ Go~nor'$ O~e Cla~i~ Ryc~ J~my R~ Ce~r Dr. J~k Unive~ of Cen~M F~r~ S~phea Stl~el NCMEC Bill V~ FaMg~n Ben~o C~ N~ ~ice Cr~ We~ Post ()Fficc Box 14,'qt) lalhlhasscc. Florida 32302 I'l{Ix 1-888-356-4774 F,,\X:851}-41t~-85~.x) July 10, 2003 Honorable Marshall B. Gage Boynton Beach Police Department. 100 E. Boynton Beach Blvd Boynto~a.~, Flodda, 33435-3838 Dear,~age: Again this year, as the Veto Beach Police Chief I donated $1,000 today from proceeds seized under the Flodda Contraband Fund to support the annual Flodda Missing Children's ceremonies being held in Tallahassee on September 8, 2003. This statewide ceremony honors police officers and civilians that have assisted in missing child cases, and raised statewide awareness to help prevent child abduction and sexual exploitation. Will you join me today by contributing at least $250 from you own trust fund, and show your agency's support for this important statewide law enforcement sponsored event? The legislature created Florida Missing Children's Day in 1999, and the annual statewide ceremonies are organized by the FDLE's Missing Children's Information Clearinghouse Advisory Board. I serve on the advisory board representing our Florida police chiefs. Annually, Governor Jeb Bush attends the ceremonies and presents 6 statewide awards to police officers and civilians who under special circumstances have aided in missing child cases. The 6 statewide awards are: Local Law Enforcement Officer of the Year State Law Enforcement Officer of the Year Federal Law Enforcement Officer of the Year Trailing Team of the Year School Bus Operator of the Year Citizen of the Year Florida's law enforcement community is joined at these ceremonies by the parents of missing children and by the families of children who did not survive their abduction. All are present to bring greater awareness to these cdmes against children and help to prevent them in the future. Chief, I cannot think of a more appropriate use of our law enforcement trust fund moneys than to support this important annual ceremony. Please support this year's ceremonies by donating $250 today to: Flodda Missing Children's Day: A contribution form and return envelope are enclosed for your convenience. Thank you for your consideration and support. z~ Gabbard )each Police Department Enclosures Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September2, 2003 [] September 16, 2003 V.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to C tw' Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of July 2003 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written ~:~ort with the City Commission at the second Commission meeting of each month listing the purchase orders appra:~d I~'e City Manager, or Acting City Manager". ~ -<c;~ PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commoditids, se~i~s, and personal property. Administrative controls are in place with the development of a special processing~or~.~l~ed "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the~epar_l~l~nt Director, Purchasing Agent, Assistant City Manager, and City Manager. .~. _ ~, ~ FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reduci~pap~'~brk by streamlining processes within the organization as defined in our City's Strategic Business Focus. This-' .qa~.~_ ws administration to maintain internal controls for these purchases, reduce the administrative overhead of processir[~' for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change,. ~ /.D ~x,ta.~~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSBULLETINSFORMSL~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JULY 2003 Vendor: Coast to Coast Industrial Coatings, Inc. Requesting Department: Utilities Purchase Amount: $ 20,691.00 Contact Person: David Ailstock Brief Description of Purchase: The sulfuric acid, and diesel fuel containment area need to be repaired and coated. These containment areas ar required by the Department of Resource Management to protect the ground water from chemical spills. The City received a Notice of Violation that the coatings are no longer meeting standards and must be repaired. Coast to Coast is the only supplier of CIM 2000 coating. CIM 2000 coating is the only containment coating that has a five year warranty, and can be repaired if damaged and can handle acids, caustics, diesel and liquid chlorine. Source for Purchase: Sole Source Fund Source: 405-5000-590-96-02 CIP Water Renewal & Repl. The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Comm~. 's)sion ,a~s.3required. City Manager Approval: Date: ~- cl - tJ~ Presented to Commission for information on August 15, 2003. 1 of 1 Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 V.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cie/Clerk's Office.. July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorization of use of Community Investment Funds for East Boynton Beach Little League in the following amounts: Comm. McCray $2,000, Comm. McKoy $2,000, Comm Weiland $3,000 Vice Mayor Ferguson: $1,500 EXPLANATION: Replacement program funding to East Boynton Beach Little League for costs incurred in 2003 SE Regional Championship at Gulfport, FL and World Series in South Williamsport, PA. Funds will be used to assist the League for 2003-04 program expenses to replace funds advanced by the League for expenses related to the championship series. Otherwise, the League will not be able to provide the same level of service to players (Boynton Beach residents) in the 2003- 04 regular season. PROGRAM IMPACT: Funding will have a beneficial impact on the ability of East Boynton Beach Little League to provide recreational services to residents of the City for the 2003-04 season, FISCAL IMPACT: Funds are available in the 2002-03 Budget. ALTERNATIVES: Do not fund this activity. Department Head's Signature Department Name City Manager's Signature Cit~ P~9~y~ F'inance / Human Resources SSBULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 08/12/03 Requested by Mayor/Commissioner: McCray Amount Requested: $2,000 Recipient/Payee: East Boynton Beach Little League Association Description of project, program, or activity to be funded: Replacement program funding to East Boynton Beach Little League for costs incurred in 2003 SE Regional Championship at Gulfport, FL and World Series in South Williamsport, PA. Funds will be used to assist the League for 2003-04 program expenses to replace funds advanced by the League for expenses related to the championship series. Otherwise, the League will not be able to provide the same level of service to players (Boynton Beach residents) in the 2003-04 regular season. ~o_~ t'/~ City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,500. $ 8,000 has been used to date by the requesting Member, leaving a balance of available funds of $4,500. This request would bring the available amount down to $2,500. Accordingly: There are funds available as requested There are insufficient funds available as requested. Finance Director Dated: Part III- Eligibility Evaluation (to be completed by City Manager) Dated: The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards are being implemented to assure that the public funds being i ~appr°priated will be used for the stateo~lf ~/]purp"2'°se' '"Tt'O'~ By: ',4~16~t, ff,~'gn'~'~-l'- ' City Manager CADocuments and Settings\bressnerkLMy Documents\Commission\CommlnvestMatl\ComrnlnvChecksheetMcCrayEBBLL081203.doc, 8/12/2003 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 08/12/03 Requested by Mayor/Commissioner: McKoy Amount Requested: $2,000 Recipient/Payee: East Boynton Beach Little League Association Description of project, program, or activity to be funded: Replacement program funding to East Boynton Beach Little League for costs incurred in 2003 SE Regional Championship at Gulfport, FL and World Series in South Williamsport, PA. Funds will be used to assist the League for 2003-04 program expenses to replace funds advanced by the League for expenses related to the championship series. Otherwise, the League will not be able to provide the same level of service to players (Boynton Beach residents) in the 2003-04 regular season. Dated: ~'~///o2///0-3 By' ~r~ cc~-~ ~~aJ~' /~/~t ~L~(] City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,500. $ 4,000 has been used to date by the requesting Member, leaving a balance of available funds of $8,500. This request would bring the available amount down to $4,500. Accordingly: There are funds available as requested There are insufficient funds available as requested. 5 · Finance Director Dated: Part III- Eligibility Evaluation (to be completed by City Manager) Dated: The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated p0rpose. City Manager C :\Documents and Settings\bressnerkXaMy Documents\Commission\CommlnvestMatl\CommlnvChecksheetMcKoyEBBLL081203.doc, 8/12/2003 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 08/12/03 Requested by Mayor/Commissioner: Weiland Amount Requested: $3,000 Recipient/Payee: East Boynton Beach Little League Association Description of project, program, or activity to be funded: Replacement program funding to East Boynton Beach Little League for costs incurred in 2003 SE Regional Championship at Gulfport, FL and World Series in South Williamsport, PA. Funds will be used to assist the League for 2003-04 program expenses to replace funds advanced by the League for expenses related to the championship series. Otherwise, the League will not be able to provide the same level of service to players (Boynton Beach residents) in the 2003-04 regular season. Dated:~/~/,2/d~ ~ B~~ ~(-~,.~ · ~/o~ City Clerk Part II-Availability of funds (to be eompleted by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,500. $ 7,000 has been used to date by the requesting Member, leaving a balance of available funds of $5,000. This request would bring the available amount down to $2,000. Accordingly: Dated: There are funds available as requested ca There are insufficient funds available as requested. ~-I$-0,~ By: o~cc~,.e..~ 3/'~_eo_e_~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) Dated: The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the state|//~ /~d purrpose. _. "O Itel O~ By:_ . City Manager C:\Documents and Settings\bressnerk~Vly Documents\Commission\CommlnvestMatl\CommlnvChecksheetWeilandEBBLL081203.doc, 8/12/2003 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: 08/12/03 Requested by Mayor/Commissioner: Ferguson Amount Requested: $1,500 Recipient/Payee: East Boynton Beach Little League Association Description of project, program, or activity to be funded: Replacement program funding to East Boynton Beach Little League for costs incurred in 2003 SE Regional Championship at Gulfport, FL and World Series in South Williamsport, PA. Funds will be used to assist the League for 2003-04 program expenses to replace funds advanced by the League for expenses related to the championship series. Otherwise, the League will not be able to provide the same level of service to players (Boynton Beach residents) in the 2003-04 regular season. j'~ ¢,t~. ~i~y Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,500. $ 9,500 has been used to date by the requesting Member, leaving a balance of available funds of $3,000. This request would bring the available amount down to $1,500. Accordingly: There are funds available as requested There are insufficient funds available as requested. Finance Director Dated: Part III- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~}~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; a~' The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated ~/~,'pose. Dated:_ ~ ( I-2~[ 0"z9 By: ~'1'"~~. _/tx~- City Manager C :'~Documents and Settings\bressnerkWlY D°cuments\C°mmissi°n\C°mmlnvestMatl\C°mmlnvChecksheetFergus°nEBB LL081203.doc, 8/12/2003 VlII.-PUBLIC HEARING ITEM A.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office. July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Date~ [] October 7, 2003 [] October21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business Please place this request on the August 19, 2003 City Commission Agenda ~ster --.. ~ RECOMMENDATION: ~ The a hcant has requested postponement from the Planning and Development Board meetmg-~ July. 2 Public Hearing. PP ' _ ........ ~ ~nna Tn coincide with this schedule,C~aff-~I~vTeSes 2003 to the next Planning and Development tioara meeting on august ~u, ~ ...... . ~. _~ the City Commission to continue postponing this item to the September 2, 2003 City Commission meeting. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-009) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of a portion of an existing ingress/egress and utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:, ./~ N/A Devel/olS'me/n~ D~p~a~l~r~t Dirbctor -City Manager's Signature Planning and Zoni~(Director City Attorney / Finance / Human Resources S:XPianningXSHARED\WPXPROJECTSXBoynton Commerce Cu.~Boynton Commerce CU., Lot 3BLM3AN 03-009XAgenda Item Request Boynton Commerce CU' ABAN 03-009 8-5-03.dot S ABULLETINWORMS~'AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLIC HEARING ITEM B., CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested Cits' Commission Date Final Form Must be Turned in to CiW Clerk's Office Meeting Dates in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 19, 2003 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be APPROVED. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-189. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Comprehensive Plan Text Amendment (CPTA 02-002) Remedial Amendments City Initiated Request to amend Future Land Use Element Policy 1.16.1 by adding ranges of allowable percentages of land uses within the Mixed Use (MX) and Mixed Use- Core (MX-C) land use categories. The action is required by the Florida Department of Community Affairs in order to f'md the cycle 03-01 plan amendments "in compliance". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A { , Devell~ment-Delp~rmle/lt D~ector City Manager's Signature Planning and Zofi~g Director City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP\SPECPROJ~CPTA\02-002XAgenda Item Request Comprehen. Plan. Tx. Amend. CPTA 02-002 Remedial 8-19-05.dot Page 2 File Number: CPTA 02-002-Remedial The uses allowed in this land use category shall be limited to, but shall not necessarily include the following' Ali ..................................................... u"' ~, .................. "p ....... =~ Business, professional, and administrative Offices/retail un[ts per r~crc ,,,,- ~, ........... uses, personal services, bus/ness services which are compatible with retail uses/ entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a qross density up to 40 dwellinq units per acre; places of worship, elementary and hiqh schools, and day-care services; qovernmental uses and activities; civic orqanizations and community centers; homu Land use types shall be permitted accordinq to the £ollowinq ranqes, expressed as a pe~¢entaqe of the total area in this plan cateqory. The percentaqes shall be applied on an areawide basis but shall not be interpreted to require development with d mixture of such uses. Ranqes of AIlowable Percentaqes of Land Use Within the Area: Residentiah 70%-90% Commercial (includinq oftTce development): ~0%-30% The cumulative development in these areas shall be monitored annually to ensure that the proportion of m/xed uses is maintained. A Floor Area Ratio (FAR) up to 1.5 may be considered for alt uses, exclusive of parking structures, throughout the Nixed Use category; however, a FAR of up to 2.0 may be considered for developments immediately abutting the Nixed Use-Core land use category or meeting other Iocational criteria. All land development located in the Nixed Use-Low ]:ntensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. PI/xed Use-Core: This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the _ .1option of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Nap within the Nixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: A " .... ,~, ..... :~ ........... ;-~ BusJne_¢_~. orofe~ional, and administrative offices; d ........ s~, ,,-~ pcr ,,.., c ,, ,. ~, .......... ' _l;lace_$ of worshio; oove,-~mental uses: home ~!Jo~tion$ Rf~Jl UseS, persona/ Service_u, day-care servi,_--~;, busine;_~ servA'e__¢ which are compatible with retail uses; JEB BUSH Governor DEPARTMENT "Dedicated STATE OF FLORIDA OF COMMUNITY AFFAIRS to making Florida a Oetter place to call home" COLLEEN CASTILLE Secretary August 8, _00.) The Honorable Gerald Broening Mayor, City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mayor Broening: The Department of Community Affairs (Department) has completed its review of the adopted Comprehensive Plan Amendment, Ordinance Numbers 03-026, 03-027, 03-028, 03-030, 03-031 and 03-033 (DCA No. 03-1), for the City of Boynton Beach, as adopted on June 17, 2003, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent has been sent to the Palm Beach Post for publication on August 11, 2003. The Department initially raised objections regarding the proposed increase in density pertaining to the Mixed Use Core land use designation that is located within the Coastal High Hazard Area (CHHA) east of Federal Highway. City staff provided additional information confirming that the City had acquired other lands ~vithin the CH-HA, just north of this property within Planning Area III, thereby substantially offsetting the proposed increase in density. However, in order to meet the intent of the policy language, the acquired properties must also be located within the Mixed Use Core land use category. Based on our discussions with your staff, it is our understanding that the City will proceed with an amendment to designate the acquired lands as Mixed Use Core or add policy language that documents the transfer of development rights from the acquired lands to the Mixed Use Core properties. It is also our understanding that the City will proceed with an amendment to establish mixed use controls to define how much land may be devoted to commercial, residential and other land uses within the Mixed Use Core and Mixed Use Low Intensity land use categories as required by Chapter 163, F.S. and Rule 9.1-5, Florida Administrative Code. These standards are necessaty tn order to control the amount of residential development within the CHHA, and to provide development guidelines that can be used to assess potential impacts on infrastructure. Mixed use ~tandards should also help to facilitate the City's desired redevelopment by providing a more predictable development process for developers considering mixed use projects. There are a variety of ways that these standards can be expressed in the comprehensive plan to allow flexibility for the local government in implementing its plan. Department staff is available to discuss these options and assist the City in meeting this requirement. 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488.8466/Suncom 278-8466 FAX: (850) 921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us ....... .--*-~- ..... cOL, ~l¢l ~ ~¢.-ir'¢COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas H~l~hway. Suite 212 2555 Shumard Oak 8oulevar(l 2555 $hurrlarcl Oa~, Boulevarcl 2555 5humarc30a~ 8ou~evarcl Marathon. FL 33050-2227 Tallahassee. FL 32399.2100 Tallahassee, FL 32399.2100 Tatlahassee, FL 32399-2100 (305) 289.2¢02 (850) 488.2356 (850) 413.9969 (850) ~88.7956 VIII.-PUBLIC HEARING ITEM B. ORDINANCE NO. 03 - 039 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING POLICY 1.16.1 OF THE COMPREHENSWE PLAN TO CLARIFY TYPES OF USES PERMITTED WITHIN THE MIXED USE (MX) AND THE MIXED USE CORE (MX-C) LAND USE CLASSIFICATIONS AND TO PROVIDE RANGES OF ALLOWABLE PKECENTAGES OF LAND USES WITHIN EACH CLASSIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") adopted a Comprehensive Plan, and as part of said plan, adopted Objective 1.16, to Ordinance 89-38 in accordance with the Local Government Comprehensive Act; and WHEREAS, on June 17, 2003, the City Commission adopted Ordinance No. 03- 033 which provide for amendments to Objective 1.16 of the City's Comprehensive Plan; and WHEREAS, the State of Florida Department of Community Affairs reviewed the amendments approved in Ordinance 03-033, and advised City staff that the Amendments contained in Ordinance 03-033 were satisfactory subject to the adoption of additional amendments to Objective 1.16 relating to the allowable percentages of land uses within the Mix Use (MX) and Mixed Use Core (MX-C) land use categories; and WHEREAS, after public heating and study, the City Commission deems it to be in the best interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan by amending Objective 1.16 as provided herein; and Ca/ordinances/comp plan text (DCA requirements) Section 1,16.1 1 ~ess services which are com atible with retail uses. entertainment recreation acilities amusements attractions and ex osition halls. hotels and residential uses with a ross densi u to 40 dwellin units er acre. laces o worshi elementa and hi h schools and da -care services, overnmental uses and activities, civic or ani ations and communi .centers: home occupations. Land use es shall be ermitted accordin to the ollowin ran es ex ressed as a ercenta e o the total area in this lan cate o . The ercenta es shall be a lied on an areawide basis but shall not be inter reted to re uire develo ment with a mixture o such uses. Ran es o Allowable Percenta es o Land Use Within the Area: Residential: 70%-90% Commercial ~ncludin o tce develo ment: 10%-30% The cumulative develo ment in these areas shall be monitored annuall to ensure that the ro ortion o .mixed uses is maintained_ A Floor Area Ratio (FAR) up to 1.5 may be considered for All uses, exclusive of parking structures, throughout the Mixed Use category; however, a FAR of up to 2.0 may be considered for the developments immediately abutting the Mixed Use Core land use category or meeting other locational criteria. All land development located in the Mixed Use Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan (s) for the area covered by the category. Mixed Use-Core: This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above- mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. Ca/ordinances/comp plan text (DCA requirements) Section 1.16.1 The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: ~ Business? professional, and administrative offices; retail uses? personal services? day-care services, business services which are compatible with retail uses; entertainment~ recreation facilities~ amusements, attractions~ and exposition halls; hotels and residential uses with a gross density up to 80 dwelling units IJer acre; places of worship; governmental uses; home occupations. Land use types shall be permitted according to the following ranges, expressed as a percentage of the total area in this plan category. The percentages shall be applied on an areawide basis but shall not be interpreted to require development with a mixture of such uses. Ranges of Allowable Percentages of Land Use Within the Area: Residential: 30%-70% Commercial (includin~ office development): 30%- 50% The cumulative development in these areas shall be monitored annually to ensure that the proportion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. For the Mixed Use- Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a inances/comp plan text (DCA requirements) Section 1.16.1 4 ii WItEREAS, it is the recommendation of City staff that a text amendment to 1.16.1 be made to provide for clarification regarding the percentages of land use ,ermitted within the Mixed Use (MX) and Mixed Use Core (MX-C) land use categories; WHEREAS, the City Commission finds that the adoptions of these Plan Amendments are in the best interest of the health, safety and welfare the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and are now ed and confirmed by the City Commission. Section 2. That the Comprehensive Plan, Objective 1.16.1, is hereby amended adding the words and figures in underlined type and by deleting the words and figures struck-through type, as follows: Mixed Use: This land use category shall consist of all Mixed Use-Low Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above- mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: fi,.!l ..... I^~t~A ;~ ,1.~ 1~_~1 O~t~;1 t~ ...... ;~! I.q..¥l .... Business, professio.~l~ and administrative of~ces; retail plan te~ {DCA r~uimm~nta) S~ion ~.~6.~ 2 single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this Ordinance are hereby repealed. Section 4. 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 affect the remainder of this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ~ day of August, 2003. SECOND, FINAL READING AND PASSAGE this __ day of 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner City Clerk CaJordinances/comp plan text (DCA requirements) Section 1.16.1 5 ZX. - CITY MANAGER'S .,,REPORT CITY OF BOYNTON UiTEM A AGENDA ITEM REQUE Requested Ci~ Cornmtsston .Mee:mR Dates Date Final Form Must be Turned in to City Cierg's Office Requested C~ty. Commtss~ol: Mec~ma Dates Date Final Form Must be Turned ~n :0 (~ity Clerk's Office [~]. April I. 2003 March 17, 2003 (Noon.) June 3, 2003 · )9. 2003 (Noon) June 17. 2003 June 2. 2003 (Noon) [] ~pnl 15, 2003 March 31. 2003 (Noon) [] May 6. 2003 April 14, 2003 (Noon) & ~ .o03 .~e 30. 2003~Noon) ~ May 20, 2003 May 5.2003 ('Noon) ~ ~u. , [] Admimstrauve AGENDA ITEM [] City Manager's Report ,. ' [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business -'~ [] July I TM June t6, 2003 (Noon) RECOMMENDATION: Discussion of Manna Development Agreement per developer's request for dissolution .~.the'. Second Revised Development Agreement. ¢. ..~, EXPLANATION: The developer of the Manna project has requested that the City Commission consider resctndi~e Manna development agreement. The agreement is the "Third Revised Development Agreement" which provided a nme extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of Ibc Agreement is contained in a lener from legal counsel for the developer dated April 9, 2003. (Exhibit addinon, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement, as amended called for 20'/public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Manna development property. Per the 1999 Amended Mediatlon Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided tn 2002. (Exiubit D.) Per the latest site plan approved by the CR,~City Con-ua-.ission, the following parking ts provided on the site plan: Regular on grade surface parking: Handicapped on grade surface: Regular Parking Spaces m Deck Handicapped Parking in Deck Townhouse Parking Spaces 4 Spaces 725 Spaces (includes parking for condos and commercial uses) 15 Spaces 22 Spaces (not approved yet) 781 Spaces In additiom there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Manna Drive, Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plan. to date. S:,BULLET[N\FORMS',AGEND^ ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the Agreement will extinguish the Cib"s security, interest in the property, which was created to secure the value of the incentives the City provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request of the Marina Developer. 2. Refer the issue of parking matters and property owner association matters to staff for further mediation between the CiD, CRA, developer and business interests. The staff has conducted one meeting of the participants on May 13m, · C~'ty Manager's Signature Department Head's Signature Department Name City' Attorney / Finance ~ Human Resources S ~BULLETIN\FORMS~AGENDA ITEM REQUEST FORM DOC SECOND REVISED DEVELOPMENT AGREEMENT THIS AGREEMENT entered into as of the 6"' day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER owns 6.93 acres of property, more particularly described by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated .J~.~ly 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer'..t wss amended by a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the Developer has submitted a conditional use site plan application consolidating Phase One and Phase Two of the projec;.; and WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with the terms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and Version 10.0 6/6/00 This instrument prepared by: James A. Cherof,_City Attorney City of Bovnton ~eacn 100 East B6ynton Beach Blvd. Boynton Beach, FL 33435 WHEREAS, the Developer seeks reasonable assurance from the City and the City desires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopment area for qualified projects; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COLLATERAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version ! 0.0 6/6/00 Exhibit A - Previous Agreement). Exhibit B - Legal Description, Project (unchanged, See Exhibit A to Conditional Use Site Plan -dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Legal and Equitable Owners (unchanged, See Exhibit C to Exhibit C - Previous Agreement). Exhibit D - Exhibit E - Agreement). Previous Agreement). Exhibit F - Exhibit G - Exhibit H - Agreement). Public Facilities (unchanged, See Exhibit D to Previous Reservations and Dedications (unchanged, See Exhibit E to Intentionally left blank. Intentionally left blank. Conditions of Approval (unchanged, See Exhibit H to Previous Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Ovedook Construction and Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this Agreement and any of the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version 10.0 6/6/00 3. INTENT. A. It is the intent of the DEVELOPER and the CITY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Florida Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Public Records of Palm Beach County, Florida, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited partnerships, or other entities as set forth on Exhibit "C". Version 10.0 6/6/00 EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. DURATION. The duration of this Agreement shall run until the earlier of: 4 (a) completion of all of the improvements depicted on the Site Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELQPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of which shall be designated for the exclusive use of the City of Boynton Beach for Police/Marine Patrol purposes. 5. A multi-unit residential apartment building of 8 stories or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 207~ of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6~ Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207). Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces located on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/O0 DEVELOPER to meter or restrict those public use spaces located on DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Marina Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes the Phase I improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $770,328.00 shall be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the contrary contained in this Agreement and only when all code requirements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version 10.0 6/6/00 service the docks and pumps has been completed and approved and fire/rescue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exclude customary municipal services or facilities that the CITY currently provides to projects of this nature. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public right of way, and the document reflecting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma 7 Version 10.0 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those Boulevard as depicted on the SITE PLAN by May 7, 2001. shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. by DEVELOPER or by a merchants' improvements to Casa Loma In addition to the improvements DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as depicted on the SITE PLAN and the Casa Loma Overlook Construction and Use Detail. The Ovedook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version 10.0 6/6/00 All improvements shall thereafter be maintained or property owners' association formed by costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property abuts the southern one-half of Casa Loma Boulevard east of the cul de sac for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CITY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CITY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. The failure C. of this Agreement to specifically address a particular permit, condition, term, or restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version 10.0 6/6/00 D. A revised Site Plan was approved by the City Commission as part of conditional use approval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be completed before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy pursuant to Paragraph 17. G. 6. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is that no Comprehensive Plan 14. consistent with the CITY's Comprehensive Plan and amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CITY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to set forth in the building codes or relating to the method of any of the conditions construction. 16. A. CONDITIONS OF DEVELOPMENT. The conditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version 10.0 6/6/00 The parties acknowledge that a number of the conditions set forth on Exhibit "H" require additions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46. C. The CITY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CITY will appropriate or designate sufficient funds for the CITY to pay the cost of such incentives. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version l 0.0 6/6/00 F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forfeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (*) is work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. Version ! 0.0 6/6/00 SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial Restaurant Marine Meters, Deposits and Connection Fees OFF-SITE WATER AND SEWER '8 inch water main in Casa Loma *Wet taps for connection to existing 'Water service to property line '8 inch gravity sewer in Casa Loma Blvd. 'Service connections to property line "Manholes 12 Sub-total $13,812 $53,781 $27,438 $7,175 $102,206 $16,148 $6,900 $8,625 $43,125 $34,500 $11,500 Sub-total $120,798 o ON-SITE WATER AND SEWER 10-inch water main Fire Hydrants 8-inch water main 8-inch water main *24-inch gravity sewer *Manholes *Abandon existing sewer in place Sub-total BUILDING FEES $208,169 $13,800 $10,350 $3,519 $13,350 $139,150 $23,0OO $5,OOO $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. INTERIM SERVICE FEE.* $19,655 The CITY shall fund the payment of CITY interim service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. *At the time of this Agreement, the City has temporarily suspended collection of Interim Service Fees. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 Version 10.0 6/6/00 13 It is the intent of the parties to work jointly to extend Boynton Beach Boulevard eastward from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Florida Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $75,000.00. The DEVELOPER'S obligations are as follows: 1. To convey to the CITY its interest in property within the right-of-way, 2. To contribute up to $10,000 to the cost of acquisition of the right-of-way; Version ! 0.0 6/6/00 14 3. To construct, at its cost, the right-of-way as shown on the approved site plan. In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option, but not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. ADMINISTRATIVE FEES. $4,500 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: 770,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version 10.0 6/6/'00 maximum expenditure approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditions of this Agreement the obligation of the CITY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SITE PLAN, to the extent set forth in this Agreement. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CITY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.00. The CITY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. Version I0.0 6/6/00 16 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights DEVELOPER'S rights to proceed with the PROJECT. 19. A. under this Agreement, and DUE DILIGENCE. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with due diligence, the party alleging such lack of due diligence shall give written notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil disobedience, lack of CITY services or facilities, concurrency and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties to this Agreement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version 10.0 6/6/00 agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CITY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the material failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: Version 10.0 6/6/00 With a Copy to: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 AS TO DEVELOPER: Fort Lauderdale, FL 33308 Ocean Breeze Festival Park, Inc. 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS OF FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version 10.0 6/6/00 hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modification of the SITE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide written notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's rights under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing as to its interest in the Project, written notice of any default by Developer under this Agreement with Lender having the right to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 2O Version 10.0 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended without notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the default within the curative period referenced above. Version 10.0 6/6/00 21 ATTEST: ~,'-:' --:.;'...:.' ~¢.'~.ClTY City/Clerk ~-': : ...'"~..~4~ice Mayor Ronald Weiland , ~ ~;; 1; ,~,~\\\%\\\\\\\~''''4 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, ~.ersonally a. ppeared Ronald We±].and, V±ce ~ayor of the City of Boynton Beach and ~ ~'-~ . the City Clerk known to me to be the persons described ir~ and~who executed the foregoing instrument, who acknowledged before me that they executed the same, ~ are personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid thistle4~ day of ~1~_,~ ,2000. My Commission Expires: NOTARY PUBLIC 22 VersiOn 10.0 6/6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF F--L-ORtDA ) e ,c..A ) COUNTY OF~ ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ~ r)~.,~o (,~e.,~ known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, is personally known to me (or produced the following type identification:) ' and an oath was not taken, Witness my hand and official seal in the County and State last aforesaid this day of '"~"o~. ,2000. NOTAR~PUBLIC ' 7! ._. My Commission Expires: 23 Versio~ 10.0 6/6/00 LEGAL DF..~CRIPTION: PARCEL 1: Lots 3? and 38 and Dewey's Subdivision, Plat Book :1, page 37 of the Public Records of Palm Beach County, Rorida, Less the right-of-way of Casa Loma Boulevard and Less the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, if any, of mortgagor in the rights-of-way of Casa Loma Boulevard and Orange Grove Boulevard. PARCEL 2: The East half of Lot 39 and the East half of Lot 42. in Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rorida (Less the South 30 feet of said Lot 42. as shown in Deed Book 341, page 188) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenue. PARCEL 3: That plat of Section 27, Township 45 Soul~, Range 43 East, Palm Beach County, Rorida described as follows:. Commence at the Southeast comer of I.et 37, Dewey's SubdMslon, according m the plat thereof recorded in Plat Book I at page 37 of the Public Records of Palm Beach County, Rodcla; thence N 7° 14' 10' E., along.the Fast line of said Lot 37 and along the West right-of-way line of the T. ntra~ Watamray, 25.20 feet ~. a line 25.0 feet North of and parallel with the South Ilne of said Lot 37 and the Point of Beginning; hence East, along said parallel line, 33.85 feel; thence N. 5° 47' 36" E., 142.02 feet;, thence N. 82' $. 45' $0" W., 30.0 feel: t~ the said East: line of Lot 37; thence $. 7° :14' :10" W., along said East line, :146.24 feet: t~ the said Point of Beginning. Areas: Parcels 1 & 2 & 3 = 301,887 sq., ff.., 6.93 acres. Location: Northw~ comer of Orange Avenue and Ocean Avenue EXHIBIT "A" II .~"'' .o:~:.~ ~ ~ ~ DRAWINGS ON ~c~,'~t ~: ......-- FILE WITH ~[,:::::::::~ :.~[:[[ CITY CLE~ P.t .:: -:-: ; ;I:: : ~] '; ': ' ~ i:[~! ': ..... ;iii ,.,,t,, I~ , ~:: ~ ~ '~:: :::ii ' '"::" :iii j": :.,.,,:-'-.,. Iii" ~t ~ ill[ --,.~ ,lJj,.,I ,t!:n L,,iJ i.: JJj i -: :: IF' !' .',: IL ...... "-":' - ..... , -- . .,-,.- ,.j . ' , ~ ~ -.:----Pt'"- ~ ~ ..- .-' ~, ~-'' ------' - ' -----. : ~ '-- , -,-'~ ..... ' ~ . ~_, ~. - -- -~ . ~, t __~ ;~_.~.~.~..., .,. -..--~ -- - -~ --__~ ~': .J.~J ; ....... -- :.: :-'-:: ~ .t.~ i LEGAL AND EQUTrABLE OWNERS OCEAN BRF'A'7~= FEb'TIVAL PARK, INC., c/o The ESG Companies 3.120 Lasldn Road Virginia Beach, VA Z3451-5-/10 EXHmrr "C' PUBL]:C FA~ The City will design and constmc~ off-site water and sewer facilities sized to accommodate the proJect~ build-out capacity of the project.. The City will Install traffic and paridng conl~ol signs along, the Casa. l. oma right-of-way. SCHEDULE* OF RF-SERVATIONS AND DEDICATIONS 1. Easement from Ocean Breeze Festival Park, Inc., to the City of Boynton Beach, dated June 14, 1999, Addendum to Easement and Exhibit "A" (dated 3/1/99, Order #80-275 'F"); 2. Easement from Ocean Breeze Festival Park, Inc., to the City of Boynton Beach, dated .~une [a~, 1999, Addendum to Easement and Exhibit "A' (dated 5/19/99, Order #80-275 3. Easement from Ocean Breeze Festival Park, Inc., to the Oty of Boynton Beach, dated 3une 14, 199g, *Addendum..to ~,ement and Exhibit"A" (dated 311199, Order # 80-27S'E") 4. Easement from Ocean Breeze Festival Park, Inc., to the City of Boymon Beach, dated November 4, 1999, Addendum to Easement and Exhibtt'A' (dated 11/3/99, Order #80-2Y~ "l") *Reservations and Dedications to be recorded separam, ly. L~ IN'~ONALLY B~ANK EXHIBIT "H" Conditions of A0.orovai oject name: Boynton Marina ,ie number:. COUS 98-008 Reference: The ~tans c~nsist of ~ sheets identified as 4th Review.. New Site Plan. File # COUR 98-008 with a February 2. 1999 Ptanninq and Zonina Deoartment date stamo markina. DEPARTMEN'T~ INCLUDE I REJECT I I PUBLIC WORKS Comments: 1. The dumpstar (or vertical compact=r) enclosures should be a minimum 10 feet by 113 feet intamal dimensions. The gates for the containers should be mounted on the outside of the enclosures. The enclosures should be widened if the gates am to be mounted x -on the inside. Steel dowels should be installed to hold the gates open. The tract< must be provided with a turning radius of 5~ feet minimum. 2. Waste removal in connection with construction pmcese must be x se~ced by City of Boynton Beach. Place note on dumpstar detail to indicata same. UTILITIES Comments: 3. NI utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Cano~ trees may be planted outside of the easement s~ tha~ roots and branches will not Impact those utilltlee ~ the easement in the foreseeable futura. LDR X Sec. 7.5-18.1 glvee 13ubllc utll~ee the authority to remove any l~'eee that Inter[ere with utlOty son,ices, either in utillty easements or public fights-of-way. Them aooeer to be some very definite confll~'~ between mnoov trees and utilities in this submittal, as them were in the l~ecamfier 1998 submi~l_ 4. Department of Heel~ pam~ will be re~luired for the water and sewer system extensions serving this project. (Sec. 28-12). Show all existing and proposed water and sanitary sewer improvements x on the site plan or drainage plan at thts time Including pipe size, and location. ISec. 28-11t) 5. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR Ch~o. 6, Art.. Sec. X 16, or the requirement imposed by insurance undemn~ters, whichever is c~reater. (See Sec. 26-16(a)). Rre flow tests results . P,,ge 2 Boy.ton Be~h ~ File No.: COU$ 98-008 DEPARTMENTS INCLUDE REJECT for the main on Qcaan Avenue have been provided, I~ut tim flow calculations to the on-site hydrants have not. Please submit these calculations with your Health Department permit application and 6. Provide proposed elevations, flow arrows, treatment facilities and an engineer's written certification that drainage will confo~ to all rules of the City and the South Flodda Water Management District. x (LO;; Cha . 4, Sec 7;} -- 7. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all existing or proposed easements on the site plan and drainage plan. The ..water and sanitmy sewer lines to be situated along the west side of the project will require a dear, unencumbered easement of 37 feet (12' for water, 25' for sanitary). All easements shall be X dedicated via separate instrument to the CRy as stated in Sec. 28- 33(a) of the Code. These easements must be clediceted within 30 days in order to allow the City to commence relocation of the 24' diameter gravity sewer. Provide resolution ~g abandonment of the existinc~ ~ easements no Ioncjer needed.. 8. The drainage plan included in this submittal is dated DeCember 1998, and is similar if not identical to ~ erie submitted in December. It has the same dmwbecks as previously mentioned; namely them is insufficient space for the water, sawer and drainage lines shown along the west side of the site. It also shows x restaurant ~ in a different location from that shown on the site I~lan. Please re-submit a consistent set of plans. 9. Appropriate bacidlow .l~eveNem wB be required on the domestic water services to tho ~ and the flre*sprinlder lines, in x 10. Building peiTnita for this project shall not be issued until this office has approved the plans f~r the water and/or sewer impm,~ments required to sawe each of those buildings. (Sec. 28-1b'). In addition, the developer shall post surety for all other required improvements for which he is responsible, and which will not be x completed before the flint certificate of occupant. (I. DR Chap. 8, Art. V, Sec. T). This surety will exctude items.to be installed by or under the direction of the City as stipulated .in Exhibit '1' of the 'Oevelopment Acjr rnent'. -- 11. Note that the addition of 229 apartment units greatly intensifies the x use of the site above what was originally anUctpated. This change will result in an additional c~oital fac'il~-~ ctmroe of Page 3 Boynmn Beach Marina File No.: COUS 98-008 DEPARTMENTS ' [INCLUDE[REJECT ~ for water ancl sewer, if approvecl. The developer is ' - therefore resoonsibie for payment of this additional fee. 12. The 15-foot utility and roadway easement west of the platted N.E. 6~" Street right-of-way, referenced in paragraph 9 of the 'First x Amendment to Development Agreement' must now be dedicated to the City to allow maintenance of City utilities. 13. All infrastructure improvements necessary, for this entire site must be completed before the first certificate of occupancy is issued, other than for docks and fuel pumps constructed simultaneously with related support infrastructure including access roads, water and sanitary sewer, regardless of bonding or other surety. For this x .'purpose, 'Infrastructure" shall be defined as potable water, sanitary sewer, drainage, and a sac~nd paved access road for service and emen~lency pumosas. FIRE Comments: 14. Emergency access along north side of apartment building to the north dock is not shown. A fire lane is rm:luired. BBCC 9-21. This comment shall be read in conjunction with Pamgraptt 17 G.6 of x the Revised Develol~ment Agreement. 15. Standpipe/sprinkler system 'fire department connection is not x shown for the aparlment building. BBCC 9-6 16. Dock standotpes no farl~er aD,art than 200 feel BBCC 9-6' x POLICE Comments: None ENGINEERING DIVISION Comments: 17. All plans submitted for speCific permits shall meet the city's code requirements at time of application. These permits include, but ara not limited to the following: site lighting, paving, drainage, x curbing, landscaping and Irrigation. Permits required from other · permitting agencies, su~ as FOOT, PBC, SFWMD, DEIRM, LWDD, DEl= and any others, shall be included with your permit reauest. Page 4 Boynton Be~ch Mann~ File No.: COUS 98-008 DEPARTMENTS INCLUDEI REJECT 18. Pay a fee in lieu of dedication as set forth in Chapter 1, Section 5 x of the I. ORs 19. Upon submittal of construction drawings for Casa Loma Blvd. and NE 6~ Street, the applicant shall provide a recent detailed topographic, data, prepared by a land sunn~ ar registered in the State of Flodda, showing existing conditions of the area to the south of Casa l.oma Blvd. and the area east of NE 6'" Street. x Design drawings for these are~ shall show in detail.how public access, including handicap access, is to be provided to the facilities of the adjacent properties, Including proposed retaining walls, r'amos, stairs, etc. 20. The City and the applicant shall jointly participate in extending Boynton Beach Blvd. east from its current point of terminus as outlined in Revised Development Agreement and incliceted on the approved plan. [I. DR Chapter 4, Section 8.C., Chapter 6, Artlcie III, Section 12., Chapter 6, Article IV, Section 10, Chapter 6, x Article IV, Section 10.D., Chapter ti, Article IV, Section 10.B., Chapter 2, Section 11.2.D.] This comment shall be reed in conjunction with Paragraph 17.G.8 of the Revised Development Ac~reement. 21 Locate several handtcap stalls on the north side of Casa Loma Blvd. for accessible mutes to retail and office space and apartment/retail to provide the shortest accessible mute per the x Flodda Accessibility Code. 22. The applicant shall agree t~ incorporate in the dock 'leasing agreements a stipulation disallowing boat tenants from using the public parking spaces along Casa Loma Blvd.,NE 6a St., tho private roadway west of tho residential building and ttm first floor of the parking garage for their parking purposes. The dock leasing agreements must also stipulate that live aboards am not allowed x in accordance with the DEP permit. Provide the City with copies of the pml~osed leasinc~ ac~'eem~ for review and aloproval. 23. The applicant shall agree to incorporate in the leasing agreements for all retail .uses a stipulation dleailowing retail employees from using the public parking spaces along Casa I.oma Blvd., NE 6e Street, the private medway west of the residential building and the x first floor of the parking garage for their parking purposes. Provide the City with copies of the proposed leasing agreements for review and a0proval. 24. The reauirements of the Florida Accessibility Code shall be met for X Page 5 Boynton Beach Manna File No.: COUS 98-008 DEPARTMENTS - ] iNCLUDE I R_F_JEC:T- any oroDos_~3,ij valet 13arkinc~. 25. Show proposed turning movements on the Site Plan for access of x City trash trucks to and from all com~n_=~om and duml3sters. 28. Unless superceded by the Revised Development Agreement, provide the City with the appropriate documents to designate public access and recreational use easements for'the proposed public park at the intracoastaf waterway, the pedestrian p~ x between and on the north side of the proposed retail buildings and for the courtyard ama located east of tho proposed residential buildincj, includinc~ a walkway to the north properi7 line of the 27. .-Show proposed public facilltles on the site plan and construclion and use detail of proposed designs for the proposed Casa Loam overlook, Casa I. oma Boulevard. and the public courtyard for review. Plans shall include proposed public ama, titles such as x benches/seating, trash receptacles, bike m .c~.,. drinking fountains, lighting, landscal3inc~, stc, 28. It appears that the proposed site storm drainage system will need to be revised to include the courtyard area east of the proposed residential building and that this revision will reclulre approval of the OEP. The applicant shall give strong consideration to the possibility of relocating the storm drainage outfall to the basin located within the property, rather than the basin at the south of the site, as part of revising the storm drainage permit. This will x increase water quality within the basin and would most likely be supported by DEP. if this revision is made it will directly affect the installation of the seswall panels, regarding pipe penslration through the seawall panels. Provide tempora~ pm'king on site to replace the spaces temporarily lost in Casa Loma Boulevard, sized equivalent to what is currently serving existing uses along Casa Loma Boulevard and to be expandable to provide rm:lulred parking for those portions of the project completed prior to completion of project parking areas (no landscape plan required only to include parking-space markings, lighting and drainage acceptable to the city encjineer). 29. Regarding proposed construction of Casa I.oma Blvd., NE Street and the private roadway the applicant should be aware that roadways constmcied tn muck or peat shall be. constructed in x conformance with Chapter 6, Article IV, Section IO.E. of the City's Land Development Recju_btions.. 30. Casa Loma Boulevard shall be maintained as outlined in the x Revised Development Ac~reement. Unless superoecled b~ the Page 6 Boy.ton Be~¢h Mn.dna Vile No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa [.oma Blvd. in a form acceptable to the City. The Maintenance Agreement will be reviewed by the City Engineer, Public Works and Utilities prior to finalization. 31. Show the six fish cleaning and garbage stations required by the x DEP permit on the Bite Plan. .. BUILDING DIVISION " Comments: 32..'At time of permit review, submit a recorded unity of title thatx combines all lots and parcels as one lot. 33. Add to the sheet Htlad Restaurant ~1 Floor Plan the following building specifications: Gross floor area each floor, total gross floor area entire building, floor area of the exterior covered area, seats per floor (indoor and outdoor), total seet~ entire facility, x overall building height, finish floor elevation 1" floor, type of construction and ocoupanc7 classification. 34. At time of permit review, amend all plan view drawings to show that the accessible routes that am. required between the accessible parking spaces and all uses and amenities pmpoeed for the project are in compliance with the regulations specified in x the Florida Accessibility Code for Building Construction and the Federal Fair Housinc, I Act. 35. At time of permit review, provide detail drawings that illustrate how vertical changes in elevation along, all accessible routes will be overcome.. The working drawings 'l trot ~uslzate the vertical x changes in elevation shall be depicted in compliance with rec~ulations specified in the accessibilit~ codes.' 36. Provide a minimum of four accessible parking spaces to the north side of Casa l.oma Boulevan:L These spaces should be x distributed to serve the buildings tiffed Retail "B" & Office and Restaurant ~ 37. Place a note on the site plan indicating that the path of travel to and from the buildings and other faciliti~ on the site are-in x compliance with the Florida Accessibility Code for Building Construction and the Federal Fair Housinc, I Act. :38. Amend the tabular l)arkinc~ data and the plans to reflect and show x Page 7 Boyuton Beach Marina File No.: COUS 98-008 DEPARTMEN'I~ '" I INCLUDE I REJECT the ¢~_,-TeCt nur~er of on-site accessible parking spaces. The 355 - car-parking garage requires eight (8) accessible parking spaces of which one (1) shall be shown and labeled as van accessible. The data shall also indicate that the on-site spaces will require four (4) accessible spaces be shown and provided at the site. Therefore, a total of twelve (12) accessible spaces are required to be shown on the site plan and identified in the tabular data to correctly represent the required number of accessible spaces for the parking that is depicted on the site plan. (17) ate provided. The total number of accessible parking spaces identified on the chart and shown on the plans shall not be. less than the number of spaces required by the Florida Accessibility Code for Building Construction. 39. For the purpose of accessing fees associated with issuing permits for the aparlment portion of the 8-story building, add to the drawings submitted for permit review data that groups and identifies the quantity of each apartment by gross floor area and x number of bedrooms. Also, independently identify and provide the total gross floor area for all covered and enclosed areas that support the aparlrnent use, such as the lobbies, Ir'ash area, corridors, clubhouse, elevators and stairways. 40. Amend the elevation view drawings to be consistent with the floor plan drawings with respect to location and size of exterior wall x openinc~s, columns, roofllne and other building feetums_ 41. Submit a complete description that defines the construction- sequence/management plan proposed for the improvements requested with the subject., appllcatlort. The construction- sequence/managsmant documents shall be reviewed by and approved by staff before the next permit will be issued for the project. The document shall Include, but not be limited to, defining how the adjacent property ownem-will be able to safely remain x open for business during construction of the rights-of-way that lead to their businesses. The phasing plan shall also describe and show how vehicle and pedestrian access will be maintained to the licenses uses. The vehicle and pedestrian access shall be shown from the adlacent Improved ticjhts-of~ to the 42. At time of permit review, identify on .the site plan the setback dimensions from the west, east and south property lines to the leading edge of the building titled Restaurant ~el. The City has approved a 0' setback for Restaurant ft2. At time of permit review, x identify on the site plan the setback dimensions from the south property line to the leading edge of the JLa-tory building. The leaclinc~ eric, la of the buildinc~ be~ins at the ~o:<~ point of the Page 8 Boynton Beth Marina File No.: COUS 98-008 DEPARTIVIENT~ -' INCLUDE I R~_JECT I ovemang or canopy to the property line. The tim rating and wall openings located on the exterior walls of all buildings shall comply with the regulations specified in Table $00 of the Standard Buiidinc~ Code. 43. Add to sheet A2.01 the required accessible sidewalk that would x create the accessible path for the van accessible parking space to the accessible buiidinc;i entmnce_~_~ 44. Show and/or describe on the site plan how and where the storm water drainage that is generated by the roof of all stru~ will x terminate. 48... Show and Identify on the sheet titled Ground Level Floor Plan how x mail will be delivered to the apartments. 46. Compliance with the building codes will be evaluated at time of permit review. The permit fee, water and sewer facility fees, county fees and state fees will be determin~ at time of permit x review. The fees wiR be accessed consistent with the specifications listed In the Development Ac~reement. PARKS AND RECREATION Comments: None FORESTER/ENVIRONM~AU~ Comments: None PLANNING AND ZONING Comments: 47. Change '20' to ~10' in equation for parking spaces for apartments, x Total Is correct at '20: 48. Regarding landscaping:. · On landscape plan, dimension .distance between perimeter x trees to show compliance with requirement to be a minimum of one (1) per 30 linear feet.. · Dimension all perimeter landscape st[i. ps to' show minimum width required of three feet. ' ' · Add note to landscape plan indicating quantity of interior parking spaces (excluding garage spaces), required interior landscaped area (20 square feet/space), and interior landscaped area provided (or using reduc~__~n criteria to ten Page 9 Boymon Beach Marina File No.: COUS 98-008 & DEPARTMENTS " I INCLUDE REJECT I (10) square feet per space if a minimum of one (1) interior shade tree is provided per four (4) interior spaces). · Add note to landscape plan stating number of trees (one is required) per 100 square feet of required interior landscaped area. · Continue perimeter hedge along N.B. 6e Street (west side). north/northeast of restaurant ~. · Provide and identify on the landscape plan all .proposed lighting fixtures for both-vehicular and pedestrian ames in accordance with CBD Guidelines and/or Vision 20/20 Study recommendations. · Identify in the landscape plan tabular data, the percentage of native species to confirm compliance with the 90% .. requirement. · Add to list of notes on landscape plan the source of Irrigation water. 49. Comprehensive Plan Policy 1.12.2 requites that residential projects in excess of 100 units proposed' within the hurricane evacuation zone be reviewed by the County's Division of x Emergency Management, and that comments be considered which re~ard the Peacetime Erne~ency Plan. 50. Provide color descriptions for all details including color code on x elevation document. 51. Add tuming radius details within pad<lng stm~, and provide, at minimum stacking space for one vehicle at guard gate to prevent x blockinc~ of ent~7 lane. 52. The minimum required, extension of N.B. Z"" Avenue will be completed ~ to Certificate of Occupancy of multi-family building, ~ alternative plan for waste removal will be incorporated x which eliminates need to access north side of building (this does not eliminate need to provide for emergency access along north S3. Consistent ~ revised development agreement, replace note indicating that extension of N.B. 2"" Avenue, Including cul-de-sac, is by others, wf~ "developer to construct mad Improvements in x accordance with revised developer's agreement and approved 01an°. ,54. Clarify whether th~ areas east of the Casa Loma Blvd. cul-de-sac x and south of retail B ate sod or pavecl ames. Page 10 Boynton Beach Marina File No.: COUS 98-008 DEPARTMENTS INCLUDE I REJECT 55. Submit upclatecl lanc~scape plans for entire project to show' ' compliance with all applicable regulations, internal consistency, and to include the following changes to the landscape notes found on sheet LS1.00: a. Add, as spedfied in the "Grades and Standards for x Nursery Plants' Part I, 1963 and Part II, State of Fiodda, Department of Agriculture, Tallahassee to the end of note' 1. b. Remove the word, 'No". from the beginning of note number lg. [Land Development Regulations, Chapter 7.5, Articte Iil - Central Business Ols~ct Landscape Code, Section 8.] 56. For subsequent permit application, provide sheet A1.01 (lighting detail sheet) and a photometric plan to verify that illumination levels meet Chapter 23, Article II, A.1 and C~D landscape code. All types of lighting fixtures (wall, boilarcls, street, paridng lot) shall x be energy efficient metal h~lcle. The overall hMght of the peking area fixture shaft not exceed 16 feet. All poles, fixtures and other site amanities shall be of a grade and quality that will withstand waterfront/marina environment and droll be cc)nm with Visions 20/20 Redevelopment Plan mcommand~ons. [Chapter 7.5, Article III - Cantml BLiNness DIslTict Landscape Code, · Section 8. A. 7. a, b, ¢ and d and 8. a, .b, c and d and Design Guidelines of Boynton Beach Central Business District page 2% ~, 2 and ~1 sT. Project shall pmvicle a minimum of 505 'total parking spaces, including a minimum of 207 spaces that rnust remain open and unreserved for public use. MINIMUM NUMBER OF PARKING SPACES 'PROVIDED IN' x RIGHTS-OF-WAY IF CREDITED TOWARD TOTAL (As per development agreement these spaces may be cmclited toward the on-site paddng recluimmer~ provided they am unmsswed and available for use by the public) 59 [Land Development Regulations,' Chapter 2 - Zoning. Section 11. H. 16. e. (10), Section 6.F_4.b(1)(a), Section 11:H.16.d(3), and Section 11.H.16.d(1}] -. 58. The applicant's application fee of $1,500.00 for original phase 1 and $353.28 postage fe~ regarding notification of adjacent property owners, shall be paid prior to issuance of subsequent x permits or deducted from the incentives for administrative fees. Page I 1 Boymon Beach Marina 'lc No.: COUS 98-008 DEPARTMENT~ INCLUDE REJECT 59. The applicant shall apply for and be issued an environmental review permit 'prior to receiving an occupational license to sell gasoline. [Land Development Regulations, Chapter 2 - Z~ning, x Section 6. F_ lA1 60. The applicant will dedicate an easement to the city, the land shown on the plans as the north portton of the cul.de-sac located near the east and of Casa l. oma Boulevard. Prior to obtaining signatures on the document and recording the easement document in Palm Beach County, the applicant shall submit a copy of the appropriate document to .the city for review. The x document shall include, but not be limited to, the developer purchasing, Installing end perpetually maintaining the .. iml3rovements. 61. Applicant shall comply with all requirements contained in the development order and revised development agreement, pdor to issuance of permits (other than shell permits rm:lUested prior to x approval of the development agreement) in a~=ordance with the deadlines set therein. 62. The mad will be constructed at a minimum elevation of ~5'6"'. X 6:~. The clumpster enclosure requirements of the City Code will be temporarily waived for Two Georges Restaurant and Dive Shop x until Casa I. oma Boulevard il completed- and compactom installed.. 64. Pursuant to note ~ on the conditional use site plan, all utilities are x to be placed underground. This requirement is mandated for CBD by Chapter 2 Zoning, Section 6.E. Early coordination with utility providers is recommended. 65. Traffic study wu. found deficient by Palm Beach County. Revise Performance Standards. City must possess confirmation from Palm Beach County. 66. Submit all outstanding documents rafluired for the conditional use sM plan including color samples and codes, light ftxtums and other detah and landscaping plans for the original phase 1 to x show consistency with mmalnin~ peril_on of $__~_ plan. .o. 67. Provide additional right-of-way along west side of NE 6~ Street to provide left and dght tum lanes with storage capacity to offset x traffic impact by aparl~ent building and to provide efficient circulation. Exl3ansion of fic~ht-of-way to bo done with the mutual Page 12 Boynton Beach Marina File No.: COUS ~)8-008 I DEPARTMENTS INCLUDE I REJECT unclerstancling that expansion may be in exchange for loss of ' minimal, parking spaces. This requirement may be waned if magnitude of spaces to be lost am unacceptable to the city. and if traffic analysis justifies maintaining roadway as currently proposed (formerly ~35~. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 68. '- ADDITIONAL CITY COMMISSION CONDn'ION8 69. Revised 8/11/99 4:45 pm MWPJdim LEFi' INTENTIONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT "]" INTEN~ONALLY LEFT BLANK EXHIBIT "K" 0 0 0 0 ~ EXHiBiT '*L" HOL & KNIGHT LLP One E~ Broward Boulaard, Su~k 1300 R0, Box 14070 (ZIP 33~2-4070) Fort Lauder~ale, FIo~la 33301 254-525-10Q0 FAX 954-483-20"J0 www.~klaw.com Mlam~ sm Y~ I~mJal~ April 9, 2008 GERALD g~1-46~7~6~ VIA FAX AND FIRST Mr. Quintus Greene Development Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Marlns VLlla~ at Boyn~on Beach Dear Mr. Greene: We represent TRG-Boynton Beach, Ltd. CTRG"), the owner of the property being developed as Marina Village at Boynton Beach. As you are aware, a previous owaer of the subject property entered into a Second Revise,~ Development Agreement dated June 6, 2000 ("Agreement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the proper~y being proposed at that time. The Agreement has become obsolete due to the fact that the development contemplated by the A~reement did not occur, and the deadlines for complet~.g those development obligations were never met. In previous discussions wit]~ City officials regardln~ the Agreement, a consensus was reached that the timing and development of the subject property being proposed by TRG is substantially different than the ~ and proposed development contemplated by the A~reement. ~,~nms Greene April 9, 2003 Page 2 Accordingly, TI~G requests that the City Co,~mlssion take appropriate action to terminate the A~reement as a matter of record. Such termination should be expressly conditioned on the survival of the nmtters set forth in the letter from James A. Cherof, City Attorney, to The l~elated Group and AERC of V~4.nia, Inc., dated December 30, 2002 (copy attached). If possible, please schedule this request for City Commission consideration at its meetin~ on April 15, 2008, at which other matters relating ~ the proposed development; of Marina Village at Boynton Beach will also b~ considered. Thank you for your cooperation. Encl. cc James A. Cherof. City Attorney (w/end) P. 04 December 30, 2002 Via Haad Delivery The Related Group AE~C of V~gm/~ Inc. Re: Request for Estoppel Ixffom~.~owlvhriua Village Gentleman: The City ha~ received thc December 30, 2002 written request of The Related Group and AERC of Virginia, lac. for an e~toppel letter deta/ling the amounts spent and uaspent by the City of Boynton Beach under the Second Revised Development. More ~eci.fically, you have asked the City: SpecificMly, ~olease confirm that $39,424.;12 have been spent on behalf of City water and sewer fees, which are credi~ which run with the Project and are transferable to a successor owner of the Project and shall survive any termina~n of tire D~lopment Agreemena Response: The City ha~ paid on behalf of the Developer $13,570.99 for retail commercial water and sewer impact and connection fees, $25,853.23 for restaurant water and sewer impact and eomaecfion fee~. The~e fee~ are ~fetable to a ~'uccessor owner of the Proj ecs and ~all survive any termination of the Development Agr~m~t In ad&'tion, please confirm tlutt $I62,500 lu~e been spent towards City, State and County permit.fees, and please confirm the portion of thi~ ~,mount which was paid to the County for impact fee~, and the City shall cooperate with the developer and support with the Count): a successor owner's credit for thee fee~. Al~o, please con. Ii~n that the City Commission sh~tl consider as a policy decirt'on giving a successor owner of the Project a credit (which credit sh~ survive any termination of the Development Agreemen0 against furore permit fees for the portion of this amount which was pctid to the City, and please confirm that amount, mhd City staff slmll favorably recommend such actio~ Response: The City has paid: To Palm Beach County, on bchalf of the Developer, $122,688.85 ia road impact fees $4,802.91 in public building fe~. It i~ thc City's understanding that under County 11:52 ~.~5 ,~m',,uons me/ '. '~ rums w'~ the pr~m'ty. Cortland. ~ of ~t ~ ~d ~ ob~ ~m ~. ~. M~or m~o~ ~ ~e ~p~¢~ ~te pl~ ~ r~t ~ fee To the State of Floficia, $138.70 in BACIF and $I38,70 for Radon per-,it fee~. Cord~rmation of transferability should be obtained from the State. To the City of Boyaton Beach $3,~,726.38 for building pepsi, it review fees. The credit is transfc'~'abIe. No refund is available for voided permiu. Also, please confirm that no other amounts have been s~ent by the City or are due and owing under the bond or tha Development Agreement other than those sgt forth above. Response: The City has expended $201,919.76, which incIudes the amounts shown above. The project is encumbered by a City lien for the total incentive package of $770,328.00, Iess $407,380.00, which is secured by bond. Please confirm the City shall accept a substitute bond in replacement of that cttrrently held by th~ City from a successor owntr, and return the e~isting bond to Respor~: Yes. I trust the foregoing is r~ponsive to your request. All issue of further adjustment, modi~cation, r~fund or waiver are res~'ved to the City Commission, CITY ATTORNEY the ~-ulf~n,'eam TOTAL P. ~5 May 8, 2003 F. Martin Perry & .ssociates, P.A. 1645 Palm Beach l, ake, Blvd. gu~re 1200 ~Fe~t Palm Beach. FL 33401 James A. Cherof, Esq. City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425.0310 T~i,~PtlO~E (~6 !) 411.3 ~0'/ FAX (561) 6~6-5442 HAY 9 2003 DEPARTMENT OF DEVELOP~JENT Via F~c~imile: 5~1/742~054 954/771-2943 Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: As you know, this firm represents DSS Properties, Ltd. and DSS Management, Inc. d/b/a/ Two Georges RestauranL I have bccn advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded that the current parking modifications do appear to ignore the terms of the Mediation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 2000; the Court Order, dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development Agreement, recorded on August 28, 2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreement, the Second Revised Development Agreement, provides, in part, that: "7. DEVELOPER shall provide a minimum of 505 parking spaces, 207 of which must be open and un~ for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6"' Street. The City is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207) .... ' Emphasis added. James A. Cherof, Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the August 1999 City Commission hearing, during which the parking issues were extensively discussed and the Commission voted to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Development Agreement for the project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, Enclosures Bill Scaggs, Jr. - via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 301/208-8037 TOTAL. P. 02 DSS PROPERTIES, LTD. DSS MANAGEMEI~r~ I~C. D/B/A TWO GEORGES RESTAURANT, Vs. CITY O~ BOYNTON BEACH, Defeadaat, I1~ ~ ClRcurr COURT OF ~ FiI~EENT~ JUDICIAL ClR~ OF FLORIDA, 11~ AI~ FOR P.~ r.M~ BEACIt COUNTY, CIVIL ACTION CASE NO. CL 99-8~05 AG AMEN'BED MEDIATION AGREEMENT Ap~ 3, 2000, the pmi~ h~ m~t to media~ th~ diffcr~ce~; and W~.~, the parties hereto have r~J,~ ,,, agreement and desire to s~ fort~ ~e t~rnu upon which the a~'eem~t bas beea reache~.'- -- Ci~/or City mil' (~ the co.em dimm) will: (~) reconmend to the City Co,,-~-,-_~on the abandonment of Casa Loma Boulevard, $0% of the width of which will ~,o to each abuning property owner, ~ abandom~ut shall occur only zt'~r Two Georges takes title to the Hall pmp~ md recommeud to the Cky Commission development a~'eemc~t amendmmts with Garcia, which win be consistent w/th th;, a~l'l~II~2t; and '4. ,.,.._, __ _ ; ,,,,~.p'ana~ ~ace~ aue to r'a~s to be con.va'uctcd/'om · -~-~,, ,-oma ~ouievam to the Two C.,eorge~' pwperty; and .administr~vely approve two curb cu~s for ramps.to acce~ ~e Two Gccrges Hall property. ,'-- -,,e,~,~ra~per, ain/n to Iic ' Boulevard ,,,,~ ,,. ..... g pub nghts of access to Casa Loma · ,,,,, ~,= area relcrr~ to as the Casa Loma Ovcdook. ""'"".~ w~ta jurlsalclioIl over glfi uae of this area. .... .-. -: [~.....~ ~ opcatioa of two ~ ~,,~t mrin~ and · ,~oc~atea faC~/e~ and , · · · - - ~....~ ~_~._.. . the Hall s drift ~.~h,rtg operation (one boat only) are valid · w,,,, r~~ non-coufoming trna. Two Oeorges .~.~! submit asclaeaule g ua~ which _will be verified by thc City, bes~ u~on cum-atl¥ uses, lot' pttt'poses ofcstab~ the l~miu of the valid legal non-conform/rig u~e~. If and only if Two Georges can ob~,;,~ permiUing to build an up to 2,200 square foot deck from ail permi · such a facih~ " rang agcnciea, including the City, wi~h jurisdiction over p,ai,- u,, Cod= -am .mio, r,, it may ~e mlisficd wi~h ~he provision of the specified number of parking spaces on the lots sou~ of Ocean Boulevard. T~is provision mayonly be 2 Garcia will: used for ? construa/on ora d~k aud may not be cm//t~d apins~ other proposed uses on r~c site,. Not obiect ~o the use of'the vacant pordons of Two C~orges or Hall's for (one boat only) ~-,~,~,, ,~ ~ vaua regal grancLt'a~r non-conforming use. ..Ext..~d .th~_e 'ume_[1-du¢ for coustru~..ou of Casa ama by the amouut of tim, to litiDmon hereunder. e -,'~'-----',~_"~.~u~Y_~amlGst~iashallagreenottoctmngeth~ trion o~. ~ .L.,O~I1a l:{o~lev~rd · · po which .-.--.-,.-, ,h,,. . wh/ch zt ~ ow~,. withouI th~ commt, of Two Omorg~, --.-~,..,,.,,.,.,Gv~,uu ~ It shall ' '~'1: to tho ' own, isulg right to have resmn, an~ tabI= u ~y~shov~,. mi..tl~ ~ L~.ma Overlook ~ shown on th~ 1/I 7/00 si~ plan, appucation by Csn~ to ammi th, appmvod Site Plan in a manner ~ .n,,,i Oe processed as a malor site plan modi~cafion. Build tbs ~onfigm-afion of the tumam,,,,d area and Casa Lores Overlook detail shown ou th~ 1/17/00 site plan others). (not including table, which may b~ ia.stalled by $hall inmll curb cuts for ramps to Two ~ end Hall pmp~,, as shown on 1/17/00 si~ plan. B...~ ,,_..,__ . property ~ owned by ~ to City for the Boyatou fi~f.~ for ~ Bo~n B~ Bo~ ~ ~ of ~ ~s~ 3 · .m~rs~:a propm, t.y (except for t~, .n',lxovcmczGs to Casa Loma. Boulevazd to be provided by Gayla u provided for in this ,~mt), inchdin~ ramps ~m thc ~ to the CO--on of tho ~ auc[ ~ [.oma Ovedook showu on the 1/17/00 site plan, and will pay $0~ of the cost of the above-~:mnd ~ ofgle Casa Lo,ns Overlook, includin~,,ave~ lan~,-.~o ~nd e~, f~o) d~ oraz,~ oe~ ~i~ ~gi~ mimm a~ paid ~,. c,~ ~/ ~.~ .a~u, tgm .~ of Ca~ ~m eouiev~ ~e ~vee,~ of to the extemioa of Boyuton Beth Bouleward to tho east, and _~___..~enr. s to the development agremamt bctwem Cmrciz ~,~a thc City, Will cooperale ~ each other ~ the p,imlm _,,~ ofthls a~'eenlenI and Two Geor~ will not objec~ to auy d~elo~ comiv~z~ wi~h eds aG~m~C. 4 Subiect zo C~ty C~tssiou ~'.ppmvzl: ~ ~ :~pprov'aLs shall be cumpl~ by lUly $. 2000, ar ~ ~ is ~ u.s.s. ~o~ LTD.., and o.s..s. M. AH.,u~DaENT, i~iC. d/b/a TWO DSS PROPER'IIEX. LTD. ~nd DSS MANAGEMENT. INC. D/R/A TWO GEORGEX RESTAURANT. ~la, imiffs. cm' oi ' vmi IN TilR C.~tfT COURT OF TIlE I"lFfir3f. HT! I R.tDIC-~q= CTRCUIT OF FLORIDA. fN AND FOR P,~M BEACI! COUNTY CIVIL ACTION C~ISE NO. ("L 99.8505 Afl Illlllllllllglllllllll ~/,, BEACi i. ,?:~R~. F.R D~.MJ....~I._~N_~_..C~..USF' WITH PB/~UDICt'~ '~.~ x~ ~, '-:.. .,~_/ ~ . ._ ~ ~l. .......... ' ORD~ AND A~ that t~ ~' Sti~lat~m is h~e~' a~m~. ~ ~t thi~ c~ ~. ~ ~e ~hy is. di~~ p~ud~. ~ ~n). to ~r ~ own F~ ~NE AND O~ER,- ~~ ~ ~ . . N~ E. N~. E~.. i~5 Palm ~aL~ l~k~ ~mlev3~. Suile I~i ~hn ~. " ~.~'_.._ i' coml~et~on of all of the improvements depic[ed on the Site Plan; or DEVELOPER giving written notice to the CITY of abandonment of the 81TE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT. approved by the CITY. shall not be deeme¢l an abandonment. g. ~'X DEVELOPMENT USES ~,.."~ 2: e following uses have been approved by the City Commission: ~.'.,..,?/1.[ O 29.302 square feet of two-story office/retail floor ama. X'~t~.~ Two public restaurants with a combined area of 12,830 square feet. ~,~w-e; sales. ,/ · 4 ;,?~ .:~~ slips. 2 of whJcrt shall be Oesignatecl fo, the e~ use of t~of Boynton Bee~ for Police/Marine Patrol purposes, 5. A ~..~. it residential apartment building of $ stories or less, not to exce~eet in heighl and no more than 229 residential unit=. 7. DEVELOP~[I:~, ,,,~;[ provide a minimum of 505 parking spaces, 207' of which must I~,~! and unresen, ed for public use (Of lhe. se 207 Bo.,..., ,' is granting to the De~~ use of these 59 public spaces as credit .-t'.,m, ' metering or pmvicli~(~/~.k,.~=~ _. _restrict!°AS on those parking spaces from _ located on City right-of-wa "'~?y.~r~entering into an Agreement wis ' At the Aural 3. I~.Fj City Commiz,~ion meeli~g,~l~Rm-m to LDP.. C~mpk, r. 2 Zonin-_ D.4.d.(2) thc City Commission reduced th~ required public ' ~....[spacc~ [o 207. 6/6&0 TOTAL P. {~8 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FOl*dv Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Tumed in to Citw Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) [] October 7, 2003 August 4, 2003 (Noon) [] October 21, 2003 August 18, 2003 (Noon) [] November 5, 2003 September 2, 2003 (Noon) [] November 18, 2003 September 15,2003(Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of resolution for salary and benefit modification for City Manager and authorizing amendment to employment agreement. EXPLANATION: The City Commission conducted a performance evaluation at the City Commission meeting of May 6th. The City Manager has prepared revised objectives for 2003-04 attached hereto. Summary of salary and benefit changes are: a. Adjust the annual salary of the City Manager to $123,000, retroactive to April 1, 2003. This is based on performance and comparative salaries and benefits paid to other City Managers in the region. b. Increase the City's Contribution to a deferred compensation program to the lesser of 10% of salary or 5;11,810. This is an increase of $310 from the current amount of $11,500. c. Allow City Manager to participate in the City's General Employee Pension Fund, retroactive to April 10, 2000 at his sole cost and expense by allowing use of the deferred compensation amount and direct payroll payments at the option of the City Manager. PROGRAM IMPACT: None. The current agreement provides for annual performance reviews and compensation changes. FISCAL IMPACT: Funds are budgeted for this expense. ALTERNATIVES: Do not grant any changes in salary or benefits to the City Manager at this time. Department Head's Signature Department Name S:\BULLETIN~FORMSL~GENDA ITEM REQUEST FORM.DOC ~/,; ' C'ity Att~ 7-Finance / Human Resources RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING THE APPOINTMENT OF KURT BRESSNER AS CITY MANAGER OF THE CITY OF BOYNTON BEACH, FLORDA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH KLTRT BRESSNER, AND PROVDING AN EFFECTIVE DATE. WHEREAS, on the 6th day of May, 2003, the City Commission conducted a >erformance evaluation of the City Manager; and WHEREAS, the City Commission has determined that salary and benefit nodifications are to be made to the employment agreement between the City of Boynton Beach and Kurt Bressner, City Manager, as set forth in the Amendment attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the Mayor and City Clerk to execute an Amendment to the Employment Agreement between the City of Boynton Beach and Kurt Bressner, City Manager, a copy of the Amendment being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2003. S:\CA\RESO\Employment Matters\Bressner Renewal 081203.doc CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner Clerk Corporate Seal) S:\CA\RESO\Employment Matters\Bressner Renewal 081203.doc AMENDMENT TO EMPLOYMENT AGREEMENT WHEREAS, the City Commission conducted a performance review of the City Manager on , and reaffirmed the appointment of Kurt Bressner as City Manager of the City of Boynton Beach; and WHEREAS, it is the desire of the City Commissioners, hereinai~er called "Commission" to provide certain benefit enhancements to the Employment Agreement entered into between the City and Kurt Bressner, dated March 7, 2000; NOW, THEREFORE, the Commission and City Manager agree as follows: That paragraph 2.0 Salary. Sub-section 2.1, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 2.1. City agrees to pay City Manager for his services an annual salary of HUNDRED TWENTY THREE THOUSAND ($123,000) DOLLARS payable in equal periodic installments, paid at the sine time that other m~agefial employees of the City me paid. Said sal~ adjustment shall be retro-active to Aphl L 2003. That 10.0 Vacation, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Professional/Education Development subsection 10.4, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 10.4. City and City Manager agree to execute all necessary agreements provided by the International City/County Management Association- Retirement Corporation (ICMA-RC) for City Manager's participation in said ICMA-RC retirement_ an ............................... J v .... ., ...... · .... ~ ...... ~ ~d to tr~sfer ownership to succeeding City or the City M~ager upon City Manager's resi~ation or disch~ge. 10.4A. The City agrees to permit the City Manager to participate in the City's General Employee Pension System retroactive to date of employment, April 10, 2000, provided that the employee share of pension costs, including retroactive cost and interest, are paid by the City Manager personally or by the retirement account set forth in paragraph 10.4B. 10.4B. In addition to the salary paid by the City to City Manager, the City agrees to pay an amount equal to ten (10%) of the City Manager's base salary or, $11,810 annually, whichever is less, a retirement account on behalf of the City Manager. The City Manager, shall annually direct distribution of the funds into either the ICMA-RC Fund or the City's General Employee Pension Fund. 3. Each and every other paragraph of said Employment Agreement dated March 7, 2000, not specifically herein amended shall remain in full force and effect. IN WITNESS WHEREOF, the City of Boynton Beach, Florida has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City Clerk on the ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Witness Witness Mayor Dated: Witness Witness Approved as to Form: Kurt Bressner Dated: ATTEST: James A. Cherof, City Attorney City Clerk City Manager Review - April 2002 through April 2003 Kurt Bressner, City Manager Boynton Beach, Florida The following is a summary list of accomplishments during the past year. First, it is important to note that these are not singular accomplishment; rather they represent examples of work effort accomplished with the collaboration of the City Commission, City Staff and Citizens. In some instances, I have included future work necessary to continue with the accomplishments and new activities over the next year. I've enjoyed working with the members of the City Commission past and present, the City staff, the business community and citizens. I believe much has been accomplished in the past year. Financial Management and Planning Budget and Five Year Operating and Capital Plan -- The City staff prepared the City's the third edition of a five-year financial plan, which included both capital and operating revenues and expenses. This followed the City's first five-year capital construction plan in 2000. The Five- Year Financial Plan provides the Commission and the staff with a very useful financial and operating planning tool. Also, the City received the coveted Government Finance Officers Association (GFOA) awards for our Financial Report and Budget. City does well in obtaining grants for a variety of projects and activities - In the past year, the City has received a total of 22 grants totaling $5.6M. A special interdepartmental grants team has been created to share information on grants and assist with applications. Since the team was created in June 2000, a total of 62 grants totaling $10.9M have been obtained. In May, representatives of the Grant's Team have been invited to the Innovation Group's national "Transforming Local Government" conference to present how we get grants in Boynton Beach. This follows a similar presentation made by A.D. Henehan and me at the ICMA national conference in September 2002. City receives assistance from County totaling $2,000, O00 for community projects - This includes $1.0 M for the Wilson Center Project and $1.0 M for the Jaycee Park purchase. The funds are from a Palm Beach County Bond Referendum. Boynton Beach was one a few communities that launched an organized campaign for the funding of local park and recreation projects. Completed work on water and wastewater rate study and completed policy recommendation to City Commission on a water conservation rate program. - The new rate structure was prepared and approved by the City Commission. Program Evaluation Process Implemented - This month a comprehensive program evaluation process was started to identify City programs, their cost and to eliminate duplicate activities. The process is a City-wide analysis of essential, social service, discretionary or enhancement programs. City Manager Review 2002-03 Page 1 Employee Issues and Labor Relations Pay for Performance -- The pay for performance plan is now in place for City personnel. The evaluation forms have been developed and evaluations completed for staff. Each staff member has standards of performance (SOP's) and objectives relating to personal and work group improvement plans. The evaluation process is using SOP's and objectives prepared in 2002 for review of performance in 2003 for all staff. Labor Contracts -- Three-Year Labor Contract Firefighters, Medics and Lieutenants (IAFF) that expires September 2005. A one-year agreement with the Police Sergeants and Lieutenants (PBA) expires September 2003. The labor agreement with the Police Officers (PBA) expires September 2004. Blue/White Collar Unit agreements (NCF&O) expire on September 2003. An effort by the NCF&O to organize first-line supervisors failed on a 44-5 vote. Breakfast with the Boss - This is a monthly informal meeting with 20 employees selected at random. We have a continental breakfast together and discuss community and organizational issues. The breakfasts have been well received by staff and serve as an opportunity for line staff to meet with the City Manager to discuss issues and concerns. These meetings were started fall 2001 and have become very popular with staff. City staff values, vision and mission program underway - The City Management Leadership Team has completed the third and final values identification process with the City staff. This is an employee engagement process designed to develop core values for the staff and to revise the City staff vision and mission statement. This program effectively is a replacement for the "Architecture for Excellence" program that was ended by the City Commission in 1999. The new effort has been developed and implemented in house without the use of consultants. The joint team made up of senior management, mid-level management and employees will complete the staff mission and vision work this summer. Training Initiatives Underway -- Our Professional Development Manager has developed an excellent training menu for staff to improve skills. Last October, the City's efforts to promote literacy were featured at a visit by Governor Bush. Our current training program is now being "sold" to other governmental units as a revenue stream. I have encouraged staff to be entrepreneurial and to offer services to other local governments as a way to reduce our costs. In this instance, having participants from other units of government will diversify the classes and make the classes better. Public Safety Fire Assessment - The staff has completed recommendations for purchase of property for the SE station and is proceeding with site options for the NE and SW stations. 12 Firefighters have been hired and have been placed at stations to improve response time by use of a reserve engine. This procedure will be followed until the new SE station is completed and the remaining 12 Firefighters are hired. City Manager Review 2002-03 Page 2 City Institutes Reverse 911 System to Assist in Emergency Communication -The City installation of a "Reverse 911" system that allows the City to call select areas of the City in case of a public safety emergency. We have already used the system to assist in the recovery of a lost child. In addition, in 2002, the City launched a Iow-power AM radio station designed to improve emergency communication. The reverse 911 system and the AM radio station were obtained through grants. 1-95 and Gateway Pedestrian Improvements -- Responding to a community need, staff negotiated a one-year busing arrangement for high school students residing east of 1-95 but within the "walk zone" for the High School. This allowed the City to work with FDOT and the County to retrofit the 1-95 Bridge at Gateway with pedestrian walk signals. The work was completed in August 2002 at no cost to the City. Development Related Matters Development Regulations on Federal Highway Corridor Approved by CRA and Commission - In a major effort, the staff prepared new regulations for the Federal Highway Corridor designed to facilitate re-development. The regulations include the Mixed Use High for the core CBD area (75 acres in vicinity of Ocean and Federal from Intracoastal to FEC RR.) Mixed Use Low for the portion of the Federal Highway Corridor north (to the C-16 canal) and south (to Woolbright) of the CBD. The regulations provide redevelopment options, subject to public hearing review, for developers. In addition, the staff prepared new regulations for the infill planned developments along the Federal Highway corridor on parcels smaller than 5 acres. This new regulation provided the basis for the re-development of the 3.5 acre "Shooter" parcel at Gateway and Federal Highway. The developers of the Marina for a new owner-occupied mixed-use development used the Mixed Use High (MUH). In addition there is substantial interest in other development in the CBD area including the "Arches" project at the SW comer of Ocean and Federal Highway. The City has received plans for the re-development of the Gulfstream Lumber parcel for a mixed use development. The Tuscany apartment project has been completed south of Woolbright, setting an upscale design standard for other rental and owner occupied multi- family developments. Motorola PID Amendments Completed - After the initial bad news of the closure of a substantial portion of the Motorola building, the staff assisted with the sale of the Motorola parcel to a joint venture development group who will be pursuing adaptive re-use of the Motorola building, commercial development of part of the campus and a mixed use development of the 32 acre vacant parcel south of the present building. The sale and the redevelopment of the property will restore property values lost to the departure of Motorola's main assembly operation from Boynton Beach. Heart of Boynton Plan Moves Forward - During the past year, substantial progress on the Heart of Boynton (HOB) project has occurred. Five homeowners associations have been created and are viable organizations to coordinate re-development and orderly delivery of City services. The Boynton Terrace Apartment project received funding and will undergo a $4 M upgrade. The City Manager Review 2002-03 Page 3 CRA and the City are collaborating on land purchases for commercial and residential redevelopment along Martin Luther King Boulevard. South Congress Corridor Study Completed - The study was completed by staff and guided the Planning and Development Board and City Commission on land use decisions in the area of Congress Avenue south of Golf Road to the south corporate limits. City Programs and Initiatives City Services Institute - The City continues the "City Services Institute" which is a detailed review of City programs and services with citizens. The Institute covered all aspects of City programs except Police and Fire services. The latter are covered in more detail via the equally popular Police Citizen Academies and the new Fire Department CERT (Citizen Emergency Response Team). We plan to offer the third City Services Institute this fall. Progress on City Strategic Initiatives - Per the most recent report, a total of 35 of the 52 August 2000 strategic initiatives have been completed. In addition, a total of 11 are ongoing activities, 3 are on hold, 2 were combined and 1 has been deleted. This concludes the 2000 strategic planning effort of the Commission. The Commission's direction and the staff effort is to be commended. Boat Club Park Completed and Intracoastal Park Construction Started - Two major park improvements along the Intracoastal saw a great deal of activity in the past year. Boat Club Park has been completed and is a successful City/County partnership. Work is currently underway at Intracoastal Park. This project will be completed later this year. Other Activities Keeping the Commission Informed - During the past year I have endeavored to keep the Commission "in the loop" equally on emerging issues by phone, fax, e-mail or memo. Staff developed new standards for contracted right of way and median maintenance that reduce maintenance intervals and conserve water. An experimental system has been installed along Federal Highway with a low-flow system and drought resistant plants. Professional Development and Awards Received Involvement in Professional Organizations - During the past year, I have continued participation in the leadership of two national professional organizations. I am currently serving a second three-year term on the Board of Directors of the Innovation Groups, a not-for-profit organization based in Tampa responsible for development and delivery of technology and information services to cities and counties. In addition, staff was invited to present a program at the national conference of the Intemational City/County Management Association in Philadelphia. The topic was on obtaining grants. (See discussion of Grant's Team elsewhere in this report.) City Receives Awards for Customer Follow-up System and the "30 Second Update" videos - The City has received the Large City Innovation Award from the Florida City/County Management City Manager Review 2002-03 Page 4 Association for our new customer follow-up system that is tied to our Geographic Information System (GIS). In addition, the City received a national award for innovation in public information from 3CMA in the form of a SAAVY Award. City Manager Review 2002-03 Page 5 City Manager Objectives for 2003-04 The following are projects that were identified by the City Manager or the City Commission for work by the City Manager and Staff during the coming year. This list includes amendments following City Commission meeting of August 5, 2003, input from City Commission and discussion of list with City Management Leadership Team on August 8, 2003. Strategic Planning 1. Work with the City Commission to develop and define the most important strategic issues and direction that staff can be working on during this term. (Source: City Commission, City Manager) 2. Implement Citizen Survey or appropriate alternative instrument to assess citizen needs, opinions and satisfaction with City. (Source: City Commission, City Manager) 3. Conclude Benchmarking Project for Budget and streamlining City operations to reduce costs and improve efficiencies. This relates to the Program Evaluation Project. (Source: City Commission, City Manager) 4. Continue with City staff vision, mission, and values process. Determine interest in City Commission level process. (Source: City Manager) Financial Planning 5. Continue with implementation of five-year financial plan and capital improvement plan for City. Proceed with bonding of capital improvements, as directed by the City Commission. (Source: City Commission, City Manager) 6. Develop Long-Range Funding/Revenue Profile for City to reduce dependence on Property Tax. (Source: City Commission, City Manager) 7. Prepare Financial Plan with eventual goal of an operating tax rate of 7.0%. Current rate is 7.6%. Continue with productivity improvement project with a goal of reducing overall city staffing levels to range of 850-800. (Source: City Commission) 8. Continue with implementation of 5-Year Financial Plan and develop long-range funding and revenue profile. (Prefer a 10-15 year projection). (Source: City Commission, City Manager) 9. Review the sanitation rate structure and evaluate expansion of the automated residential refuse collection into single-family neighborhoods where this service is not provided. (Source: City Manager) City Manager Objectives 2003-04 Page 1 Community Development 10. Proceed with implementation of"Heart of Boynton" including commercial, residential, recreational and cultural components. (Source: City Commission, City Manager) 11. Refine our economic development program in cooperation with Palm Beach County Business Development Board, CRA and other business alliances. (Source: City Manager) 12. Upgrade City Park Master Plan based on results of 2002 Recreation Needs Study. This is a carry-over from 2002. The staff presented an update at the City Commission meeting of August 5, 2003. (Source: City Commission, City Manager) - Revised 8/8/03 13. Complete development process analysis with recommendation to City Commission for code changes. This work includes, zoning, building and planning code changes. The first draft of the new Land Development Regulations has been completed. Also complete review of Mixed Use Regulations for possible revisions and modifications. (Source: City Commission, City Manager) Public Safety 14. Complete three new fire stations in the SE, NE and SW Quadrants of the City. It is anticipated that the Fire Station at City Hall will need to be "mothballed" for future activation when the redevelopment of the central area of Boynton Beach is underway. An advanced life support (ALS) engine company or a medic unit would be stationed at the old fire station to provide faster response time to the core area of the City. This project has been delayed by land purchase negotiations and litigation. (Source: City Commission, City Manager) 15. Improve public safety response time by initiating and completing citywide address and property identification program. The program has been developed and is being coordinated by GIS, Fire and Code Compliance. The program will be completed in 2003-04. (Source: City Manager) 16. Fire Department Accreditation (On-going process that will eventually require input and assistance from other departments). Note - funding for this program was cut from 2003-04 Budget. Staff will work on but at a slower pace with in-house resources. (Source: City Manager) - Revised 8/8/03 17. Work with the Police Department for continued and improved community outreach on behalf of and for the minority community of Boynton Beach. (Source: City Commission, City Manager) - added 8/6/03 18. Complete Police Department Re-Accreditation in July 2004. (Source: City Manager) - added 8/6/03 City Manager Objectives 2003-04 Page 2 Infrastructure Planning and Implementation 19. Develop five-year street maintenance and sidewalk construction program. Sidewalk program should be tied to school walk routes and proximity to high pedestrian activity. (Source: City Manager) 20. Commence design work for new Library based on City Commission authorization to proceed and receipt of state $500,000 planning grant. The Commission approved the project in April 2003. Matter is on ballot for referendum for November 2003. (Source: City Commission, City Manager) 21. Commence design work for SW Community Center as authorized by City Commission. (Source: City Manager) 22. Assuming favorable approval by referendum in November 2003, commence design for Senior Citizen Center Upgrade. (Source: City Manager) 23. Assuming favorable approval by referendum in November 2003, commence design for Art Center Upgrade. (Source: City Manager) 24. Assuming favorable approval by referendum in November 2003, commence design for Municipal Pool at Wilson Park. (Source: City Manager) 25. Complete the construction of Wilson Center and Wilson Park improvements. (Source: City Manager) 26. Complete the purchase of Jaycee Park property from Florida Inland Navigation District. (Source: City Manager) 27. Complete the development of the Nautica Park project in cooperation with the Nautica Homeowner's Association and Palm Beach County. (Source: City Manager) 28. Complete operational space needs analysis and presentation of options for City Commission review. (Source: City Manager) 29. Finalize Phase I of Bikeway and Greenway Plan. (Source: City Commission and City Manager) 30. Outline drainage improvement projects for City with priorities established and identification of needed storm water detention sites. (Source: City Commission) 31. Complete Utility planning work for service to unincorporated areas in anticipation of possible annexation, if warranted. This is being handled on a case-by-case basis and a systematic approach is needed. A priority area is South Federal Highway. However, re- City Manager Objectives 2003-04 Page 3 development issues along Federal Highway diverted the staff from this project temporarily. (Source: City Manager) - revised 8/6/03 Staff Development 32. Increase recruitment and promotional opportunities for minorities and women in the City organization. Efforts continue, especially in the Police Department. (Source: City Manager) - revised 8/8/03. 33. Improve the effectiveness of front-line supervisors. (Source: City Manager) 34. Position Boynton Beach as an organization with competitive salaries and benefits. (Source: City Manager) - Revised 8/6/03 35. Complete "leaving a legacy" staff planning project to identify and train the next generation of supervisors. There will be a number of department and divisional retirements in the next three to five years. A staff team has been established and has been analyzing department impacts; training needs and anticipated departures of staff. (Source: City Manager) 36. Personal career development and training per ICMA guidelines for City Managers. (Source: City Manager) Service Delivery 37. Enhance relationships with key community organizations for possible joint ventures through public-private partnerships. (Source: City Manager) 38. Reduce size of City fleet to save costs. The inventory of fleet use has been completed. (Source: City Manager) 39. Incorporate Utility computer network into City computer network to save cost and improve efficiencies. The first stage of the project has been completed with shared servers installed. (Source: City Manager) 40. Continue to emphasize code compliance with parties who cooperate with the City and demonstrate progress in addressing property condition issues. (Source: City Commission) 41. Improve appearance of City corridors and exits/entries from 1-95.. (Source: City Commission) 42. Better utilization of City radio station to include informational items about City events, possible broadcast of meetings etc. (Source: City Commission) 43. Re-evaluate Neighborhood Services program to reflect a different approach and involvement by members of the City Commission. (Source: City Commission, City Manager) City Manager Objectives 2003-04 Page 4 44. Review and modify City purchasing and contracting procedures to include policy recommendation for a more formalized local business preference and minority/WBE selection.. (Source: City Commission) 45. Continue to market the use of the Senior Citizen Center for all seniors. Past utilization by minorities has lagged. (Source: City Commission) 46. Proceed with Parks and Recreation Accreditation Program under auspices of program administered by the Commission for Accreditation of Park and Recreation Agencies. (Source: City Manager) - added 8/8/03. Other 47. Complete an ethics ordinance, procedure or guiding principals resolution for elected and appointed officials. (Source: City Commission) -Revised 8/6/03 48. Proceed with operation of Woman's Club, if policy direction of City Commission is granted. The draft lease agreement has been completed and will be presented to the City Commission in June 2003. (Source: City Commission, City Manager) 49. Improve Press/Media coverage of City with proactive and balanced views. Communicate the role and accomplishments of the Commission and staff. (Source: City Manager) 50. Prepare outline for possible application for "All American City" award by the National Civic League. (Source: City Commission) KB: 4/27/03, 07/30/03, 08/07/03, 8/8/03 City Manager Objectives 2003-04 Page 5 2003 PEPIE Salary Data -- City/County Managers and comparative positions Rank Employer Title Salary 2002 1 Pinellas County County Administrator $ 171,826 2 Ft. Lauderdale City Manager $ 170,914 3 Palm Beach County County Administrator $ 172,289 4 Coconut Creek City Manager $ 140,000 5 Pembroke Pines City Manager $ 157,950 6 SFWMD Executive Director $ 155,168 7 Boca Raton City Manager $ 140,982 8 Pompano Beach City Manager $ 144,500 9 Coral Spdngs City Manager $ 155,000 10 Sunrise City Manager $ 145,012 11 Palm Beach Gardens City Manager $ 143,821 12 Hollywood City Manager $ 139,443 13 Miramar City Manager $ 133,900 14 Deerfield Beach City Manager $ 128,800 15 Jupiter Town Manager $ 126,000 16 Delray Beach City Manager $ 128,086 17 West Palm Beach City Administrator $ 132,600 18 Palm Beach Town Manager $ 127,516 19 Parkland City Manager $ 109,200 20 Tamarac City Manager $ 118,000 21 Lake Worth City Manager $ 116,916 22 Hailandale Beach City Manager $ 118,664 23 Riviera Beach City Manager $ 115,345 24 Boynton Beach (Current) City Manager $ 118,000 25 Wellington Village Manager $ 114,420 26 Davie Town Administrator $ 104,519 27 North Lauderdale City Manager $ 94,766 28 Greenacres City Manager $ 98,800 29 Lauderhill City Manager $ 99,619 30 Lauderhill Lakes City Manager $ 102,060 31 Tequesta Village Manager $ 86,520 32 Lake Park Town Manager $ 68,800 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Salary 2003 $ 183,854 $ 183,102 $ 181,534 $ 173,131 164,330 162,926 161,400 157,855 157,000 152 353 143 821 143 170 139 917 136 644 136 080 134 492 132 600 130 079 126006 124,740 126 432 126 300 118,806 118,000 117 852 113 037 107,155 100,578 99,619 99,000 98,223 74,385 Mean Salary $ 127,482 $ 134,754 90%of Mean $ 121,278 Request: 2002 Base Salary $ 118,000 2% Market Adjustment $ 2,360 Medt Pay $ 2,950 Proposed 2003 Salary $ 123,000 Proposed Amount Added to Retirement Account $ 310 Current Retirement Account $ 11,500 Revised Retirement Account $ 11,810 Population 2000 921,482 152,397 1,131,184 43,566 137,427 NA 74,764 78,191 117,549 85,779 35,058 139,357 72,739 64,583 39,328 60,020 82,103 10,468 13,835 55,588 35,133 34,282 29,884 60,389 38,216 75,720 32,264 27,569 57,585 31,705 5,273 8,721 (All dept, heads received) (2.5% =Meets Expectations) Medt Pay (staff eligible for 0-4%) 1.0% $ 1,180 15% $ 1,770 2.0% $ 2,360 2.5% $ 2,95O 3.0% $ 3,540 3,5% $ 4,130 4.0% $ 4,720 PEPIECM DATA0403 Meeting Minutes Regular City Commission I)ovnton E_:ch. FIoH,Ja Mav 6, 2003 Vice Mayor Ferguson asked whether it would be appropriate to have the ordinance worded "Amateur and professional events to include (delete "but not limited to'~ boxing, cheerleading, dance, gymnastics, martial arts, and wrestling as sanctioned by the Olympic Committee." Qb/ Attorney Cherof said that would be the definition that we would rework between first and second readings. I~otion Vice Mayor Ferguson made a motion to amend the Land Development Regulations, Chapter 1, Definitions, by adding the definitions listed. Commissioner McKoy seconded the motion that carried unanimously. MoUon Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-0:[6. Commissioner Weiland seconded the moUon. City Clerk Prainito called the roll and the motion carded unanimously. ~X. CZl'Y MANAGER'S REPORT: Consider the recision of the revocation of the Umited License Agreement for Jordan Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue City Manager Bressner stated that from staff's perspective, Jordan Wrecker Service did a good job of complying with the intent of the license agreement. He said that he talked to the property owners and explained that the City's main concern is that no vehicles or materials be let( on the easement at night when the establishment is closed in the event we need to get in there. He felt that they have an understanding now. City Manager Bressner also felt that the original agreement may need to be modified in the future. Motion Vice Mayor Ferguson moved to rescind the revocation of the Umited License Agreement. motion was seconded by Commissioner Weiland and carried unanimously. The B. City Manager Evaluation Mayor Broening reported that the Commissioners each received a packet from the City Manager. After discussion, it was the consensus of the Commission to meet one-on-one with the City Manager and then he would report back to the Commission. The compensation issue would need to be addressed collectively in a public environment. City Manager Bressner explained that he had provided a seven-page report to the Commissioners that summarized what has been accomplished and some issues facing the City in the future, He stated that he was very proud of what staff accomplished over the past year, His job is to guide staff. He announced that this was a good year - the City is receiving grants and a number of internal programs are moving forward, He credited the City Commission with accomplishments regarding development related initiatives, 16 XL - NEW BUS~NESS ~TEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVl Requested City Commission Meeting Dates ~,, August 5, 2003 August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in t i lerk' Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 15, 2003 Date Final Form Must be Turned in tO ¢it3' Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfumhed Business RECOMMENDATION: Review of off-premise business sign for car wash at Gateway and Federal. EXPLANATION: The owner of the Texaco station at Gateway and Federal wishes to conslxuct a car wash on property he owns. The gas station is a legal non-conforming use, which means that it can continue to operate but the premises cannot be expanded. In order to construct a car wash on an adjacent lot, the owner of the gas station created a separate business entity to construct and operate the car wash. The owner of the gas station, who is also owner of the business enterprise proposed to operate the car wash has requested that the City Commission authorize the installation of the words "Car Wash" onto the existing Texaco sign. The staff has advised the owner of the gas station that the addition of the car wash signage to the existing Texaco sign is an off-premises sign, which is currently prohibited in Boyaton Beach. A copy of a recent letter from the City Attorney to the owner is attached. PROGRAM IMPACT: Approval of an off-premise sign would require an amendment to the City's code. This will require very careful review to make sure that ,mintended consequences do not arise with allo ,wing off-premise sig~. FISCAL IMPACT: None ALTERNATIVES: Allow City Manager and City Attorney to develop alternative method to deal with the issue that would not revolve a possible precedent setting sign. ~~W~M anager s- Signature Department Head's Signature Department Name City Attorney~rgmance / Human Resources S :~BULLETINXFORMS%GENDA ITEM REQUEST FORM.DOC The City o Bo nton Beach Suly 22, 2003 Texaco Gateway Attention:. Zuhair Marouf 2360 N. Federal HWY. Boynton Beach, FL 33435 Re: Texaco Signage Dear Sir: I am advised that you have made inqu/ry regarding whether you can add additional signage on the existing sign pole below the area now identified as "Texaco" to provide identification for the car wash operation that oporates adjacent to the gas station. Although I do not have the measurements of the existing sign, I am told it appears to be at or above the maximum allowable size. Assuming that it is, no additional sign area can be added. Ordinarily an existing sign face could be altered (the "Texaco" letters could be made smaller to allow for the word "car wash") but your situation is unique as the car wash is offsite operation. The City Code prohibits offpremises signage. It is the determ/nafion of the City's Planning and Zoning Director that the gas stat/on, being a non-conforming use, cannot be comb/ned with the adjacent car wash for the purpose of creating an on-site qual/ficafion for the proposed signage for the car wash. Perhaps there are some other facts that I am not aware of that would change our consideration of your request. If you have additional information, please do not hesitate to contact me. V~yyo~, James A. Cherof City Attorney C:LDocumems and Set~mgsvaressnetk~Local Settings~TemPOmT Intm~ Files~O~ Itt 0T2203.doc A3IERICA '$ GA ~I'EWA I' TO THE G ULI~STREA31 'TEXACO" LOGO ANO LETt'ERtNG ' · EXISTING SIC-.-.-.-.-.-.-.-d~GE EXISTI ,NG SIGNAGE ~F~. 22.76' _ Car ~ WaSh' - NEW $1GNAGE oPEN oPEN PRICE INDEX- EXIb'rlNG SIGNAGE PRICE iNDEX- EXISTING SIGNAGE EXISTING GRADE EXISTING SIGNAGE WI PR POSEDADDmON ~t4sc. C~A,TEWAY TEXACO 2360 NORTH FEDERAL HIGHVVR~' BOYNTON BEACH, FLORIDA 3.3435 XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetinl Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meetin~ Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned tn to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Please place this request on the August 19, 2003 C~ty Commass~on Agenda und.~9 . :~'~ Legal, Ordinance - Second Reading. The City Commission approved this item on August 5t~ under Legal Ordinaa.~-Fi~_ Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. ~.~ 03-~.:: 133. ~ ~.-- EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Villas at Quantum Lakes Phase IH (ABAN 03-003) Robert S. Fike Quantum Lakes Villas II, Corporation South of Gateway Boulevard; West of High Ridge Road Request for abandonment of a 12-foot wide utili/y easement as required for the construction of the recreation area of Phase III of the apartment complex. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A lJe~v-elo~ nt D artment Director Planning and Zo~xector City Manager's Signature City Attorney / Finance / Human Resources S:~PlanningkSHARED\WP~PROJECTS\Villas at Quantum Lakes aka Grotto BaygKBAN 03-003kAgenda Item Request Villas ~ Quantum Lakes Phase III ABAN 03-003 8-5-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 -0~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT O F A PORTION O F A 1 2 FOOT UTILITY EASEMENT (NO. 03-003), FOR THE PROJECT KNOWN AS VILLAS AT QUANTU2V[ LAKES PHASE IXI; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, Robert S. Fike of Olean Development Corporation, is requesting the abandonment of a 12-foot wide utility easement that currently runs in a north-south direction, being a portion of Lots 66 and 67A, and is more particularly described in the attached Location Map, attached as Exhibit "A"; WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 12 foot utility easement, located south of Gateway Boulevard and west of High Ridge Road, more particularly described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot utility easement shown on the plat of Quantum Park at Boynton Beach, P.I.D., Plat No. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. S.\CA',Ordinance$'~Abandonments',Quantum 12 foot utlhty easement..~oc FIRST READING this ...,q day of IOrcl~t~'f'' ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk $:\CA\Orcli~ances~i~anc:lonme~ts~Quantum 12 fool utility DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Bo.vnton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 12 foot wide utility easement, located, located south of Gateway Boulevard and west of High Ridge Road, subject to Conditions of Approval, and more particularly described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot utility easement shown on the plat of Quantum Park at Boynton Beach, P.I.D., Plat No. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLOR[DA COUNTY OF PALM BEACH ) )SS: ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. S:\CA\OrChnances~Abanclonments~Quantum 12 foot utility easement.doc WITNESS my hand and official seal in the said State and County this ~ of August, 2003. NOTARY ?Cq3LIC, State of Florida My Commission Expires: day $:~CA\O~mancl~'~an=onmlnt$\Quantum 12 foo~ ual~W ellemlnt.doc TO: THRU: FROM: DATE: SUB.1ECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-133 Chairman and Nembers Community Redevelopment Acjency Board Planner .June 16, 2003 Nichael W. Rumpf Planning and Zoning Director Eric Lee Johnson, A:[CP Abandonment of a 12-foot wide utility easement {ABAN 03-003). NATURE OF REOUEST The agent, Robert S. Fike of Olen Development Corporation is requesting to abandon a 12-foot wide utility easement that currently runs in a north-south direction. Six (6) feet of the 12-foot wide easement lay on Lot 66 and the other half lies on Lot 67-A. This request to abandon the utility easement was submitted on April 22, ~003. It is described as follows: A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same atso being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUN PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, containing 2,071 square feet. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North: Undeveloped Quantum Park Lots earmarked for commercial development known as QuanTum Park & Village South, designated with a Nixed-Use (NU) land use option, zoned PI:D, then farther north is the right-of-way for Gateway Boulevard; South: Developed Quantum Park Lots 101 & 62 known as Villas at Quantum Lakes wit:h a Mixed- Use (MU) land use option, zoned PID, the Sand Pine Preserve, and Quantum Park Lots 68-A & 68-B with an Office / industrial (OI) land use option, zoned PID; East: Right-of-way for High Ridge Road and farther east is vacant Quantum Park Lots 81 & 82 with an Office / Industrial / Commercial land use option, zoned PID; and West: A portion of Quantum Park Lot 62 and all of Quantum Park Lot 101, earmarked for commerc. development known as Quantum Park & Village South with a Nixed-Use (MU) land use option, zoned P[D, then farther west is the right-of-way for Gateway Boulevard. =age 2 morandum No. PZ 03-133 _-~N r3'3-003 BACKGROUND In February of 2000, the Quantum Park DRI Master Plan Development Order ¢10 changed the land use option of Quantum Park Lots 59 through 67-C to allow for "Mixed-Use" developments. The Mixed-Use (MU) land use option allows office, commercial, and residential uses. The City Commission approved the site plan (NWSP 00- 016) known as Quantum Park Grotto Bay at Bermuda Place on December 19, 2000. This site plan would become the first phase of a three (3)-phase apartment complex. The location of the subject easement did not impaCt the changing of the land use options and the approval of the first phase of the apartment. On November 6, 2001, the City Commission adopted Ordinance 01-054 approving Amendment #12 of the Quantum Park DRI Master Plan Development Order. Amendment #12 changed the Master Plan to eliminate a portion of Quantum Lakes Drive, thereby creating new Quantum Park Lots 100 and 101. Both lots would have a (MO) land use option. On February 5, 2002, the City Commission approved a Major Site Plan Modification (MSPM 02-002) known as the Villas of Quantum Lakes. This major site plan modification included the abandonment of Water Management Tract "P" and Tract "Q" of Quantum Park. This new area (2.91 acres) coupled with Grotto 8ay (15.16 acres) totals 18.07 acres. It also added 42 more apartment units for a total of 314 apartment units. This major site plan modification (MSPM 02-002) would become the second phase of the three (3) -phase apartment projects. This location of the subject utility did not impact the second phase of the apartment project. Uowever, on September 3, 2002, the City Commission approved a Subdivision Master Plan (SBMP 02-001) for ~antum Park Lots 62 through 67-C (excluding a portion of 65B) and Lot 100. The Subdivision Master Plan, .<nown as Quantum Park & Village South included 132,032 square feet of commercial area and 234 apartment units. The subject, 12-foot wide utility easement currently runs in a north-south direction and traverses between Quantum Park Lots 66 / 67-A to the south and Lots 64 / 65-B to the north. Essentially, this easement runs from Ouantum Lane to Gateway Boulevard. The subdivision master plan showed that the location of the 12-foot wide utility easement would conflict with the future commercial buildings proposed on Quantum Park Lots 64 and 65- B. Also, the easement location conflicts with the apartment project's recreation area proposed on Quantum Park Lots 66 and 67-A to the south. Therefore, project Condition of Approval #25 stated the following: "Submit abandonment request for the 12-foot utility easement between lots 64/66 and 65-A/67-A and the 12-foot easement between lots 63 and 62. Abandonment and rededication of these easements must be recorded prior to the issuance of a building permit for the project". On November 12, 2002, the applicant (Quantum Lakes Villas II, Corporation) submitted a technical site plan application (NWSP 02-022) for 234 apartment units. As allowed by the Land Development Regulations, technical site plans do not have to be re-reviewed by the City Commission as long that they do not substantially deviate from its parent subdivision master plan. Technical site plans are reviewed by the Technical Review Committee (TRC) only to ensure compliance with all applicable codes and regulations. This subdivision master plan and its subordinate technical site plan would become the third phase of the three (3)-phase apartment project. A project condition of approval for the technical site plan required the same abandonment and rededication of ~he subject utility easement consistent with Condition of Approval #25 (referenced above) of the subdivision aster plan. The applicant submitted this request to abandon the 12-foot wide utility easement on April 22, 2003. This application to abandon the easement only applies to the portion of the easement that lies in betwee~ Quantum Park Lots 66 and 67-A. Therefore, this abandonment would only affect the Villas at Quantum Lake Phase III Technical Site Plan (NWSP 02-022). According the Subdivision Master Plan (SBMP 02-001) and the Technical Site Plan (NWSP 02-022), no building permits can be issued until the City Commission approves the Page 3 '~.moranCum No. PZ 03-133 3AN 03-003 abandonment request. Abandonment requesr, s are subject to legal notice requirements and are revie,,ved by Planning & Development Board before being reviewed by the City Commission as a put~lic hearing item. ANALYSIS As previously mentioned, the subject 12-foot utility easement runs in a north-south direction. It commences at Quantum Lane and runs north to Gateway Boulevard. It contains an 8-inch water main. For the purposes of r, hfs request, the "affected area" of the entire utility easement will only be that portion of the easement (177 linear feet) that traverses bet~veen Quantum Park Lots 66 and 67-A. However, the technical site plan proposes the apartment complex's recreation area over this portion of the utility easement. This is a conflict. While this request [s to abandon the 177 feet of the subject easement, Exhibit "B" shows that the easement will be re-routed around the recreation area. Exhibit"B" shows that the easement will be re-routed to the northeast by 31 linear feet, instead of going due north as it exists today. Pursuant to Chapter 22, Article iii, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: C['TY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection (see Exhibit "C'~) Approval with conditions (see Exhibit "C") Approval with conditions (see Exhibit "C") PUBLIC UT[LZTY COMPANIES Florida Power and Light - ~e'.! South - Fiorica Public Utilities Company - Cable Company (Adelphia) - Cable Company (Comcast) - No objection (see Exhibit "C'~) No objection No o0jection Pending approval N/A RECOMMENDATION The Engineering Division of Public Works endorses the simultaneous abandonment and dedication of the easement to ensure that the water main line remains active prior to and during the transition of its relocation, and continuation into the Quantum Park & Village South (Commercial) development. Therefore, staff recommends this request to abandon the 12-foot wide utility easement as described above, be approved, subject to r.,he comments included in Exhibit "C" - Conditions of Approval. Any additional conditions required by the Planning & Development Board or the Commission will be placed in Exhibit "C" - Conditions of Approval. "c: Central File ~;\Plann~ng\$hare~\wo\Pro]ec~\Villas at Quantum Lakes aka Grotto ~ay~A~N O]'O03\Sl21ff a. eport.doc Location Map VILLAS AT QUANTUM LAKES ABAN 03-003 EXHIBIT "A" R1 QUANTUM.PARK PID GATEWAY B_t.V D REC ,,.' ., EXHIBIT "B" LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE ABANDONED A portion of the East 6.00 feet of Lot 66 together with a portion of the West 6.00 feet of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Florida, more fully described as follows: BEGINNING at the northeast comer of said Lot 66; THENCE South 88'13'32" East along the North line of said Lot 67-A, 6.00 feet; THENCE South 01'46'28" West, 168.76 feet; THENCE South 53'24'17" West, 15.31 feet; THENCE North 01'46'28" East, 177.73 feet to the North line of said Lot 66; THENCE South 83"37'53" East, along said North line, 6.01 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Ftodda, containing 2,071 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET 1 OF 2 SHEETS Ey, H BFT "B" LAND DESCRIPTION VILLAS AT QUANTUM LAKES, PHASE III 12 FOOT UTILITY EASEMENT TO BE DEDICATED A portion of Lot 67-A, same also being a portion of the certain 12.00 foot Utility Easement shown on the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9, according to the plat thereof as recorded in Plat Book 60, Pages 32 and 33 of the Public Records of Palm Beach County, Flodda, more fully described as follows: COMMENCING at the northeast comer of Lot 66,as shown on said plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9; THENCE South 88'13'32" East along the North line of said Lot 67-A, 18.98 feet to the POINT OF BEGINNING; THENCE continue South 88'13'32" East, along said North tine, 12.00 feet; THENCE South 01'46'28" West, 163.27 feet; THENCE South 53'24'17" West, 31.86 feet; THENCE North 01'46'28" East, 15.31 feet; THENCE North 53'24'17" East, 16.56 feet; THENCE North 01'46'28" East, 157.47 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. containing 2,215 square feet, more or less. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1835 S. Perimeter Road, Suite 190 Fort Lauderdale, Flodda 33309 Prepared by: MDR Checked by: MDR Project No.: 02-0593A March 19, 2003 SHEET 1 OF 2 SHEETS 12' ANTUM SKETCH UTILITY EASEI',,/NT TO BE VACATED A PORTION OF LOTS 66 & 67-A PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9 (P8 60 PGS 32-33, PBCR) OF DESCRIPTIONEXHIBIT"8'~ :-i PRO~ONAL SURVEYOR AND I~PER REGISTRATION NO. 3998 SHEET 2 OF 2 SHEETS CN GIN E~.qING SUK~rING pL~J~ NING · .Cl. L~uder~,,l~, .;'l. 33309 g~4-TT6-7&68 'SKETCH OF DESCRIPTION EXHIBIT"B" l;:" UTILITY E~SE~ENT TO BE DEDICATED A PORTION OF LOT 67-A ,ANTUM PARK AT BOYNTON BEACH, P.I.D., PLAT NO. 9 POINT OF COMMENCEMENT NORTHEA..~T C~NERI--. · . .,.": .'ti -. NIONFO - NORrfl'I UNE - '" ': ":" '"'; ~'~:'% "; '* 'l~ /'~ LOT 67-A ............ ' '-"~--~-~=-~~'.'~L__. _J;_"'lZO°;se~/"? -~% -~",, --,.-~--~ "?-~- ---_ ,-,, 18 982.,¢, i', 't ' ".. , -o'.' ',, -----._~,.%; -' . ~..-.--.o:_~_.....__~. '._J~---=---~. .... ~. ,~'-_......:._2_ -,:,., , *.,'- ~ "~ , '" ....--' : , I'% "t, - ~ LI] ....... t :: · i .~ : . :':,:.. ~.;i! / : t ; ¢'- '~i ~'~" -. '~'-"-"~ ' , ~. -- : ! " ~,:-,% /'): :~' i I '% 1~ ', [ '---....~ ~ i .... L?'---- ?: ": "';-':?.. i : [ I% %1! ~- '- ......... ' ' ~ --' ,.;- ',-,".-~ ---- I I. x. I~.~ , '-, -:' ' ~, ~_ : ...... .... .c~-_~1 , '! ....... -- L. : _.l : '-' -'- - :i ::: ~[ l,, I-- : '~'-~'-: ...... .L ; :---- '"-~¢:-~'-' _-.--._:_' '" -: -' ' ' ' ' ' --'-'~'~'.-' , --- ~ I ', ",} ~ .: ' ~" i _ .4:. ;.c -.': .,., ?! ',_ I~ .- ', - ... ..... .: ~- : , ~ : !~ !l- ",. I ' ~.~.'"'-'-. "- :'-._o ,,-...,-:._: ', . ;-' ,,-,, i ! ', 'i *~ ' .- .~ . PgCR~. SND LINE ~ ~ 00'31'17" ~. N~~ ~ ONLY AND IS NOT VNJD. F'~.HE t-"ll~. BY: -..-, PR~ONAL SURVEYOR AND FI..~RIDA R~TION NO. 3998 SHEET 2 OF 2 S~tEZTS I~l~&. DROTOS, cERTIFICATE OI=' AUTHORIZATION NO. t.~ 64..56 inN: 954-77~-7604 · FAX: ~!54-T7~-7608 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) APPLICANT'S AGENT: Robert S. Fike - Olen Residential Realty Corporation APPLICANT'S ADDRESS: 1062 Coral Ridge Drive, Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Request to abandon 12-foot wide utility easement. LOCATION OF PROPERTY: Quantum Park Lots 66 & 67A DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, FIo¢ida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. o The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Pfanning\Shared\Wp\Projects\Villas at Quantum Lakes aka Grotto Bay~.BAN 03-003\DO2.doc EXHIBIT "C" Conditions of Approval Project name: Villas at Quantum Lakes Phase [II (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03-003 Reference: Request to abandon a 12-foot wide utility easement with a April 22. 2003 Planning and Zoning Division date stamp marking. DEPARTMENTS PUBLIC WORKS Comments: NONE UTILITIES C OITllTlelltS; This Division approves the application to abandon this public utility easement with the proviso that this action be concurrent with the relocated 12-foot utility easement to be dedicated. FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: 2. The project must obtain approval from the cable company (either Comcast or Adelphta, whichever is applicable). iNCLUDE X X X X X X X X X REJECT ProJect name: Villas at Quantum Lakes Phase III (a.k.a. Quantum Park & Village South Residential) File number: ABAN 03-003 Page 2 DEPARTMENTS INCLU-DE IR.EJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. MWl ¢lj S ' Plannins',Shart'~Wp~Prolects~Villas at Quantum Lalte.s aka Grotto 8ayt&BAN O~-003\COA dec Requested City Commission Meeting Dates ~ August 5, 2003 ~r August 19, 2003 [] September 2, 2003 '[~] September 16, 2003 XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Ciw Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Approval of an Ordinance amending Section 55 of the City Charter, providing for an increase in the salary mount of the Mayor and City Commission members. EXPLANATION: The time and dedication put forth by members of the City Commission has increased in proportion to the growth of the City of Boynton Beach, however the salary for the elected officials of the City has not been increased since 1984. This Ordinance will increase the salaries of the elected officials to an amount comparable to other municipalities of similar size. PROGRAM IMPACT: N/A FISCAL IMPACT: ALTERNATIVES: Not approve the Ordinance and leave the salaries for elecled officials of the City at the 1984 level. ~ City Manager's Signature Department Head's Signature City Attorney Department Name i ~ Cit~'-Att°r~ei/fl~t/tiance / Human Resources / S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 55. OF THE CITY CHARTER "COMPENSATION OF MAYOR AND COUNCIL", PROVIDING FOR AN INCREASE IN THE SALARY AMOUNT OF THE MAYOR AND CITY COMMISSION MEMBERS; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, recognizes that :he fulfillment of the duties of the members of the City Commission is a time consuming 5ruction; and WHEREAS, the salary of the Mayor and Commission has not been increased since 1984, the City Commission deems it advisable that the members' salary and expenses should be increased in an amount comparable to other municipalities of similar size; and NOW THEREFORE, B E IT ORDAINED BY THE CITY COMMISSION O F THE CITY OF BOYNTON BEACH, FLORIDA: ;ection 1. That the foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. ;ection 2. That Sec. 55 of the Charter of the City of Boynton Beach, be, and the same is hereby amended b y adding t he words and figures i n underlined type, and b y deleting t he words and figures in struck through type as follows: Sec. 55. Compensation of Mayor and Council Commission Each member of the City Council Conmfission including the member who serves as Mayor shall receive,. ~ gala,"5r salaries as Follows: not to dc!la.~s per .......... v Effective October 1, 2003, the Mayor shall receive an annual salary of 512.000. paid in equal monthly installments; Effective October 1,2 003, City Commission members, excluding t he Ma¥or. s halt receive an annual salary of $%000 annually, paid in equal monthly installments. ;ection 3. Each and every other provision of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as ~reviously enacted. S:\CA\OrdinancesLAdministrative~Salary Increase.doc 4. All ordinances or parts of ordinances in conflict herewith be and the same are t repealed. 5. Should any section or provision of this ordinance or portion hereof, any >aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, decision shall not affect the remainder of this ordinance. ,ction 6. Authority is hereby granted to codify said ordinance. :tion 7. This ordinance shall become effective immediately upon passage. :[RST READING this ~ day of 1~~, 2003. ;ECOND, FINAL READING AND PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk :\C A ,OrdinancesXAdministrative~Salary Increase.doc Requested City Commission ~Meeting Dates _] August 5, 2003 August 19, 2003 [] September 2, 2003 [] September 16, 2003 ~ XII. - LEGAL *ITEM A.3 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOI v Date Final Form Must be Turned m to~ Office July 14, 2003 (Noon.) August 4, 2003 (Noon) AugUst 18, 2003 (Noon) September 2, 2003 (.Noon) Requested City Commission ~Mecting Dates [] October 7, 2003 [] October 21, 2003 [] November 5,2003 [] November 18,2003 Date Final Form Must be Turned m to__~_t.~_~' Clerk's Office September 15, 2003 (Noon) October 6~ 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve enclosed Ordinance amending Chapter 21, Article I11, Section 6.D. pertaining to Campaign Signs. EXPLANATION: The intent of the enclosed amendment is to reduce staff involvement in regulating the placement of campaign signs during elections without compromising safety. The Code Compliance Division and the City Clerk's office expend a considerable amount of resources in processing "notice of intent" forms and policing the placement of hundreds of campaign signs during each local election. Also enclosed you will find Part III of the Land Development Regulations, Chapter 2 Zoning, Section 4(E) Visual Obstructions as referenced in the proposed amendment. (Exhibit "A") PROGRAM IMPACT: Increased staff efficiency as a result of the decrease in time allotted to administer the current Ordinance. FISCAL IMPACT: None · · or apply further amendments· ALTERNATiVE~//R~?in the Code as ,t ex,sts currently, ~tu · -~.~A~e~y~-//~nc e/Human Resources Department Name S:~BULLETINWORMS',AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03 -O~8 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, AMENDING CHAPTER 21, ARTICLE III, SECTION 6.D. OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, TO REMOVE THE REGULATIONS PERTAINING TO POSTING TEMPORARY POLITICAL SIGNS ON PRIVATE PROPERTY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City administration has been in the process of a review of the ~s of the City's Sign Code and has made recommendations based upon tive considerations, emerging trends, aesthetic concerns, and legal guidelines; WHEREAS, the City Commission has determined that it is in the best interest of community to amend provisions of the Sign Code to facilitate enforcement, ~, and to comply with legal guidelines; and WHEREAS, the amendments hereinafter set forth will facilitate the ration of the City's regulation of signs in a manner which balances aesthetic commercial needs, and existing property and constitutional fights. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. S:\CA\Ordinances\draft ordinance\Draft Political Sl~B Ord.doc .......... n:~nc.:: ..... Changeg'.L>',att Pc~:tical Sign,. Ord..2o-z the Section 2. That Chapter 21, Signs, Article III, "Special Conditions," of and Development Regulations, Part III of the Code of Ordinances of the City of loynton Beach, be, and the same is hereby amended to read as follows: Sec. 6. Special Signs Temporary political signs may be posted on private property within the city 6udevg--the pe~o~ ..... ,~;,~ a~n>' ~c~, ~* ...... eteet4om, with the consent of the property owner. ~ ................. · pos~g--o& tcmpora~D' political hhis Cc~ All political signs must comrHx with Part III LDR Cha [er 2 Zonin Section 4(E) Visual Obstructions._ thereof in conflict Section 3. All prior ordinances or resolutions or parts aerewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to ~e invalid or unconstitutional by any court of competent jurisdiction, then said holding shall :in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of x att Political Si Orddoc : ' ~ ' S:\CAXOrdinances\drat't ordinancexDr ' [S°lltlCal :3, , the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance nay be renumbered or relettered and the word" ' ,, ordinance may be changed to "section," 'article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall become effective upon adoption by the City ~)n. FIRST READING this .5 day of~__~_, 2003. SECOND, FINAL READING AND PASSAGE this · day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~TTEST: Clerk Commissioner Commissioner ! :'S:\CA\Ordinances\drat't ordinance\Draft Political S vn Ord d,,,-c./c' ,,xr~..~: ...... ~ r~D r,~.g~, r'~ c, ~,~, ~ E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or other visual obstruction shall be created or maintained with a height greater than two feet six inches above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear. ........ ,~u~,.,,-nm~2 htmgfn=altmain-nf.htmSf=templates$3' 7/23/2003 http://www.amtegal.corrunxra gatewa"'~na~" ........ Requested City Commission Meeting Dates [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 XlI. - LEGAL CITY OF BOYNTON BEACH ITEM AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested CiD' Commission Meeting Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Cit', Clerk's Office September 15, 2003 (Noon} October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heanng [] Code compliance/Legal Settlements [] Unf'rmshed Business RECOMMENDATION: Change Section 9 - 29 of the City Code regarding the designation and appointment criteria of the Fire Marshal and Assistant Fire Marshals. EXPLANATION: This section has become outdated with regard to titles, and is inflexible with regard to the appointment process. PROGRAM IMPACT: This change will allow the Code to reflect the proper position titles and will open the selection criteria to consider those outside the Fire Rescue Department, if necessary. FISCAL IMPACT: There is no cost associated with this recommended change. ALTERNATIVES: Do not approve this recommendation and 1) continue to operate with Code language that is inconsistent with practical application, and 2) without allowing flexibility in the appointment process for members of this Division. Department IJ~d's Signature City Manager's Signature Department Name City Attor~ / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, AMENDING CHAPTER 9, FIRE PROTECTION AND PREVENTION, ARTICLE III. FIRE AND LIFE SAFETY DIVISION OF THE CODE OF ORDINANCES, BY AMENDING SECTION 9-29, PROVIDING FOR DESIGNATION AND APPOINTMENT CRITERIA OF THE FIRE MARSHAL AND ASSISTANT FIRE MARSHAL; PROVIDING FOR CONFLICTS, SEVER.ABILITY, CODIFICATION AND AN EFFECTIVE DATE.. WHEREAS, t he F ire and Life Safety Division o f t he Fire Rescue Department md the City Commission has determined that the current Code language regarding the :lesignation and appointment criteria of the Fire Marshal and Assistant Fire Marshals has ~ecome outdated and no longer meets the needs of the Department; and WHEREAS, the City Commission has also determined that it is in the best nterests of the citizens and residents of the City of Boynton Beach to amend the Code of ~rdinances to reflect the proper designations, and titles, and make the selection criteria more flexible to assure the proper individuals, either within or outside the Fire Rescue Department, are eligible for appointment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 9, Fire Protection and Prevention, Article III, Fire and Life Safety Division of the Code of Ordinances, Section 9-29, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in istruck-through type, as follows: S:',CAXOrdinances~ire - Chapter 9Xfire marshall rev.rxf Sec. 9-29. Establishment of Division; ~ authority of Chief; designation and tenure of Fire Marshal; appointment, title, and tenure of inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City >f Boynton Beach, FL is hereby established which shall be operated under the supervision of the Chief of the Fire Rescue Department, herein known as the Chief. The ~hief shall establish appointment criteria and designate an o£F. cer or .other n',em~er or' the ............ ~, .......... a person to serve as Fire Marshal, who shall hold this office at Ire pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Fire Marshals, as necessary. The :hief shall establish appointment criteria and shall recommend to the city Manager the mployment of one or more Fire Prevention Assistant FireMarshals,~, who, when such authorization is made, shall be selected, ";... ......... ~..............~,....;-~;~'- for the position. The examination shall be open to members aha.. a.v. nmem~er:; of the Fire Rescue Department, as well s to outside candidates, and appointments made :'.tier examination shall be for an indefinite term subject to the appropriate personnel policies of the City of Boynton Beach. Section 3. Each and every other provision of Chapter 9. Fire Protection and Prevention not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach 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. FIRST READING this __ day of ,2003. S:',CA\OrdinancesLFire - Chapter 9\fire marshall rev.rtf !003. SECOND, FINAL READING AND PASSAGE this __ day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner 7EST: Commissioner Clerk S:X,CAXOrdinancesXFire - Chapter 9\fire marshall rev.rff ARTICLE III. FIRE AND LIFE SAFETY DIVISION Sec. 9-29. Establishment of Division; designation ~ of Chief; designation an.__~.d tenure of Fire Marshal; appointment ttitle, and tenure of inspectors. A Division of Fire and Life Safety within the Fire Rescue Department of the City of Boynton Beach FL is hereby established which shall be operated under the supervision of the Chief of the Fire Rescue Department, herein known as the Chief. The Chief shall establish appointment criteria_and designate an efficer er ctk~r memU~er *,f t~,,e Fi~ · , ...... r~-~--'men* a person to serve as Fire Marshal, who shall hold this office at the pleasure of the Chief. The Chief may detail such other members of the Fire Rescue Department as Inspectors, to be known as Assistant Fire Marshals., as necessary. The Chief ~ a ointment criteria and shall recommend to the City Manager the employment of one or more ' ' . Assistant Fire Marshals., who, when such authorization is made, shall be selected, ~ exmm;~nat;~o~ for the position. The examination shall be open to members ar,~ ...... ~-~r~ of the Fire Rescue ............... ~,~;--~*;^,~ shall Department_as well to outside candidate_s, and appointments ma~e a~er be for an indefinite term subject to the appropriate personnel policies of the City of Boynton Beach. (Ord. No. 98-45, 2, 12-1-98, Revised effective 08/19/03) Requested City Commission Meeting Date~ [] August 5, 2003 [] August 19, 2003 [] September 2,2003 [] September 16, 2003 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to CiW Clerk's Office September l 5. 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business Please place this request on the August 19, 2003 City Commission Agenda RECOMMENDATION: The City Commission approved this request under Pubhc Hearing on August Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano at Boynton (ANNEX 03-001) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road Request to annex a +_9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A / ~[~c, ~ ~ ~ ~ ~ ,,~'~'~ ~,,~x..__ City Manager's Signature ~ -13eveiO~m~nt,pepartment Director Planning and Zoning S:XPlanningXSHARED\WPLPROJECTSXSerrano Beach~Annex 03-001XAgenda Item Request Serrano at Boymon -New-ANNEX 03-001 1st reading 8-19- 03 .dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, ANNEXING .-*-9.74 ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LLMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTIONS 171.044, AND 171.062(2), FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, LHON ADOPTION. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the of an Annexation Program; and WHEREAS, Beth Peschl, through her agents, Chip Bryan, Julian Bryan & Associates, I nc., a s owner o f t he property m ore particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately +9.74 acres; and WI-IEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is S: \CA\Ordinances\Planning\Annexations\Annexation - Serrano.doc contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City territory. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida_ Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County Palm Beach, Florida, to wit: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. 1/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereof. AREA OF SITE: 424,377 Square Feet or 9.742 Acres, more or less. Containing approximately +9.74 acres of land is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall and become part of the City with the same force and effect as though the same had originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, ~lorida, is hereby amended to reflect the annexation of said tract of land more particularly in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the proper City :oning designation a nd L and U se category i s being determined a s contemplated i n Section 71.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby ~ealed. $: \CA\Ordinances\ ~lanning\Arulexa~ions\Annexa~i°n - Serrano · doc Section 5: Should any section or provision of this Ordinance or any portion thereof e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised 0r two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton leach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7. This ordinance shall become effective immediately upon passage. Section 8. Specific authority is hereby given to codify this Ordinance. Section 9. This ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this __ day of SECOND, FINAL READING and PASSAGE this __ ,2003. day of ,2003 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk S:\CA~Ordinances\Planning\Annexations\Annexation - Serrano.doc DEVELOPMENT DEPARTMENT PLANNING & ZONZNG DIVISION MEMORANDUM NO. PZ 03-168 TO' FROM' THROUGH' DATE: PRO]ECl- NAP1E/NUMBER: REQU EST: Cha~, an and Nemioers Planning arc Oeveioprr,,en~ ~.card Mayor and Ci.~/Com~nission Dick Hudso Senior Planner Michael W. Rumpf Director of Planning and Zoning .luly 11, 2003 Serrano Beach Annexation (ANEX 03-001) and Land Use Amendmen~/Rezoning (LUAR 03-005) To annex the subject propert',,/; to reclassify from MR-S Medium Density Resieen.:ial (Palm Beach County) to Low Densib/Resldenda (CID/), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development Property Owner: Applicant/Agent: Location; Size: Existlng Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning' Proposed Use: PRO.IECT DESCRIPTION ' Beth Peschl Chip Bwan/]ulian Brian and Associates, I:nc. 1,300 feet west of Congress Avenue on the no~h side of [he LaKe Worth Drainage District Lateral Canal 28 (L-25) (see Exhibit "A'~ PCN # 00-43-45-31-00-000-5020 ±9.74 acres MR-5 (Palm Beach Count./) (3-5 dwelling units per acre [du./ac]) AR-USA. Agricultural-Residential in the Urban Services Area (Paim Beach County) Low Density Residential (4.84 du/ac) PUD Planned Unit Development 47 zero lot line single family homes Page 2 File Number: LUAR 03-00S/'ANEX 03-001 Serrano 8each Uses: Te .-.he :'e~:eas:, three si,~g!e fam;iy hemes in S3.,er!ake --states designa~e~ L:'~,,, Densi~/ Residen~iai (i_DR) a~ 4.$4 di3/ac and zoned PUD P!anned UnitDeveiopmenL Actuaibuiitcens?/of:ne PUD is 2.04 ~u/ac. To the northwest, unincorporated prope~/ developed ~,'i~h one, e,vo s~ory single-family residence designated ~tR-5 (~edium Densiu'-y Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. Soul:h: ]:mmediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) ' n ~ du./ac) designated HDR (High Densi~ Residential at :..~ and zoned R-3 ,,Multi-family Residential (].0.8 du/ac). Ac.ual ~uiit density of the duplex unit development is 7.42 dufac. To wes~ of Chanted!air Villas is the Palmland Villas deve!opmen[ wi:h a built density of 8._57 du/ac. East: Developed Elementary (Crosspointe) School designated PPGi (Public & Private Governmental/institutional) and zoned PU Public Use. .. ,_ , c~_,c, ,a~_ ~-.~ ..~,_ family residenCiatanc~ ~,'it:a~adensIU/or0.3 du/ac. ~ne.3roz=~/. , ~.. immediately adjacent to ~he subje~ site consis~ of one single- family home on ~ ,.o acre parcel and a po~ion of a vacant parcel of 4.5 acres. MASTER/SITE PLAN ANALYSIS All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. ~n this instance, a site plan has been submitted and is being reviewed simultaneously with this application. The plan shows thirb/-nine (39) of the homes arranged backing up to the periphery of the property. A ten (~0) foot landscape buffer tract surrounds these buildings, and a loop road provides access. An additional eight (8) residences are ~ositioned inside the loop road on the no~h of the ~rope.~y. A lake, almost an acre in size, occupies The cenl:er of the property and a small tot-lo~ is shown at the southwest corner of ?e Ioo.o road. Lot sizes are typically ].~.5 feel: by 45 feet. Building se~bac,ks are as follows: Front: 2_5 feet to road/drive edge Side ].0 feet one side Rear ~o ~uffer ].0 feet (20 feet: separation) (Rear Setback adjacent to Silverlake 15 feet [25 feet separation]) Page 3 F!ie N~umber: ?JAR 03-'Z05~iA,NS× 03-00t Serrano ~eac~ ~,~, -:, = of ~te~iterra?.ean arc?,i~ec:ure ,,,/i~ Designs st, own for ~e residences are a wails, S-tiie roofs and deco,alive moiCings, appiiqu~sand columns. Propese~ mode~srange from single-ston//three-Dedroom uni~ ~o a t,~/o-stom//five Dedroom un~, ,,w~n air ~ ii,/ing areas rang',ng f:om 2,~0 square feet ;o 2,93~ square feet. ~in~ maximum d=~si~'/allowed by the Low Densi~/Residential land use classification du/ac, whichwould provide the developera maximum of47 uni~. Naximum he~ghEin ail residential zoning distric~ except R-3 Multi-family Residential is 30 feet In addition, PUD regulations requi~e that perimeter buffers and setbacks within PUDs must mirror those in abusing development to ensure adequate separation be~een buildings. ~ne proposed landscape buffer of ~0 feet combined with the proposed rear setback of ~5 fee~ equals ~he required setbacks and buffer of the Siivertake development. Both the etementa~ school bui'Iding to the east, and the Chantectair development to the south are more than adequately separated from building sites in the proposed development. ~ne site does not p~ovide direct access to a major roadway or transpo~a~ion system~ which is a requirement for major planned unit devetopmen~ (Land Development Regulations, Chapter 2.5, Section 8, A). This requirement was placed in the code primarily to address impac~ of larger deve~opmen~ that othe~ise might introduce large amoun~ of traff~c onto local neighbormood street, and to properly distribute traff~c onto the adjacen[ roadway s~stem. Since t,he impac~ from the proposed developmen~ a~e expe~ed to be minor as compaFed to t~e average PUD, due to the fac~ tha~ there are slightly less than ~0 acres in the development and only 47 dwelling uni~, staff does not consider the ~equi~ement to have the impotence tha~ would usually be given ~o it. PRO]ECT ANALYSIS This prope~ is less than 10 ac~es in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subje~ to "compliance ~eview" by the F~orida Depammen~ of Communi~ Affairs (D~). ~nis means that the proposee amendment, if approved by the ci~, will ~e ado~d, ~hem lo,ended to the D~ fon [he~ records ('large-scale" amendmen~ cannot be adopted ~il reviewed for consisten~ by the ~). S~ate annexation law allows the annexation of enclaves ~ha~ a~e less than 10 acres without the consent of p~ope~ owners; howeven, in this in~amce, the annexation is a~ the ~equest of the orope~ owne~. Currently, obje~ives of the annexation program include annexing all enclaves ~ess than 10 ac~es in all a~eas of the Ci~ ~hat mee~ adopted level-of-se~ices standards, and incrementally annexing enclave prope~ies wi[h the [nten~ to reduce them below ~he 10-acre threshold. Pu[suan~ to Section 9.C.2(~) of ~he Land Developmen~ Regulations, staff ~s not required to ~ev[ew ~he petition against ~he e~ght (8) c~iteda by which ~ezonings are to be ~ev~ewed as indicated in Section 9.C.7., as ~his petition is consistent w{~h the d~'s Comprehensive Plan Future [amd Use ~ap desigmation fon p~ope~ies to be annexed within ~his vicini~/. Instead, staff analysis will nela~e ~o consisten~ with o~he~ ~elevan~ potions of ~he Comprehensive Plan, ~he ciW's annexation program a~d semite capabili~. Page 4 Fiie Number: LUAR 03-00S/ANEX 03-00t Serrano Beach :':.ce requested land use and zoning is consistent with tP.e recommenda:ions of Secion 'V~_'.' La.~c Use Problems and Oooo~unities; found in t::e suo~o~. ' '~ .~ . . ~ocumen~ for ::ne ;989 C~.~/of 8cvn:z.- ~each Comorehensive Plan. Sub-se~ion 8.d. oftha[documentscates' "TT~,ese ;arce,/$ should be annexed and ,o/aced/n the Low Den, s/C/£es,"den'~/a/.,~cd use categom/, Oeve/o~rne,qt of t,~ese ~nro~ert/es shou/d genera//y be//~/'ted ~ro detached dwe//ings, so as to be com~at/b/e with the one-story condom/n/urns wh/c, ff /'Ye to the south and t/~e sing/e-family subd/v/~/on /y/ng to t/~e north." in connection with previous annexation studies, departments most affected by annexa:ions (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capaeil[c/ and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: l) 2) 3) The enclaves are all immediately adjacen~ to areas within ~he receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Host enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traff~c study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment, in addition, the City's Director of Public Works has determined that no improvements to Palmtand Drive will be necessitated by the impacts of proposed development. The Palm Beach County Planning Division has also reviewed the,application and has determined ti~a[ the development will not result in a negative impact on the area roadway network in the year 2020. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the count's municipalities throughout the ].O-year planning period. The School District of Palm Beach Count/ has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. CONCLUS]:ON$/RECOMNENDAT]:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that i:he subject request be approved. ]:f conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". J:\SHI~O~.TA\eI,~nn,r',q\c;HA~ED\WP\PROJE.U-'J'~S~r.~a~ I~e~J~\LUAI~ 03-O0~TAFF ~EPORT NEW.~OC Location Map Ser~ar, o ~ ~o,!~cn Beach PU '4 REC~ PU }(II. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 Date Final Form Must be Turned in to CiW Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August tS, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meetinlt Dates [] October 7, 2003 [] October 21,2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Busmess [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-168. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano at Boynton (LUAR 03-005) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature .... ~ylv~lol~ment Department Director Pl~tr~g and Zoni~ El~irector City Attorney / Finance / Human Resources S:~PlanningXSHAR.ED\WPXPROJECTSXSerrano Beach~LUAR 03-O05XAg~nda Item Request Serrano at Boynton -Amend-LUAR 034)05 1st reading 8-19- 03.dot S:~BDLLETINLV:ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED APPROXIMATELY ONE-QUARTER MILE WEST OF CONGRESS AVENLrE, NORTH OF THE L- 28 CANAL, SOUTH OF GOLF ROAD (SERRANO AT BOYNTON); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN; THE LAND USE DESIGNATION IS BEING CHANGED FROM MR-5 (PALM BEACH COUNTY) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Furore Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to a mend t he aforesaid Element o f t he Comprehensive Plan as adopted by the City herein. 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 ~ncorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordxnanc~s\~l&nning\L&nd ~e\$er~ano hand ~e.do¢ following: That the Future Land Use of the following described land shall be designated as Low Density Residential (LDR). Said land is more particularly described as follows: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. l/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereof. AREA OF SITE: 424,377 Square Feet or 9.742 Acres, more or tess. Containing approximately +9.74 acres of land Section 2: That any maps adopted in accordance with the Future Land Use Element ;hall be amended accordingly. All ordinances or parts of ordinances in conflict herewith are hereby Section 3' ~ealed. Section 4: 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 5: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is ~stablished by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. ~:\CA\Ordinancea\Plann~ng\Land Uae\Serrano Land Uae.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner Clerk (Corporate Seal) $:\CA\Ordinances\~lannxng\Land UsekSerr&no Land DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-168 TO: FROM' THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Chairman and Members Planning and Development Board and Mayor and ~~ission Dick Hudsor~CP Senior PlanSer Michael W, Rumpf Director of Planning and Zoning July 1!, 2003 Serrano Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-005) To annex the subject property; to reclassify from MR-5 Medium Density Residential (Palm Beach County) to Low Density Residential (City), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Beth Peschl Chip Bryan/Julian Brian and Associates, Inc. 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) (see Exhibit "A'3 PCN # 00-43-45-31-00-000-5020 ___9.74 acres MR-5 (Palm Beach County) (3-5 dwelling units per acre Edu/ac]) AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Low Density Residential (4.84 du/ac) PUD Planned Unit Development 47 zero lot line single family homes Page 2 File Number: LUAR 03-005/ANEX 03-001 Serrano Beach Adjacent Uses: North: To the northeast, three single family homes in Silverlake Estates designated Low Dens[~ Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one, two story single-family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chantedair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chantedair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPGI (Public & Private Governmental/Institutional) and zoned PU Public Use. West: Property within the Village of Golf designated single family residential and built at a density of 0.3 du/ac. The property immediately adjacent to the subject site consists of one single- family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. MASTER/SITE PLAN ANALYSIS All applications for a. rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. In this instance, a site plan has been submitted and is being reviewed simultaneously with this application. The plan shows thirty-nine (39) of the homes arranged backing up to the periphery of the property. A ten (10) foot landscape buffer tract surrounds these buildings, and a loop road provides access. An additional eight (8) residences are positioned inside the loop road on the north of the property. A lake, almost an acre in size, occupies the center of the property and a small tot-tot is shown at the southwest corner of the loop road. Lot sizes are typically 115 feet by 45 feet. Building setbacks are as follows: Front: 25 feet to road/drive edge Side 10 feet one side Rear to Buffer 10 feet (20 feet separation) (Rear Setback adjacent to Silverlake 15 feet [25 feet separation]) Page 3 File Number: LUAR 03-005/ANEX 03-001 Serrano Beach Designs shown for the residences are a derivative of Mediterranean architecture with stucco wails, S-tile roofs and decorative moldings, appliques and columns. Proposed models range from single-story/three-bedroom unit to a two-story/five bedroom unit, with air conditioned living areas ranging from 2,110 square feet to 2,931 square feet. The maximum density allowed by the Low Density Residential land use classification is 4.84 du/ac, which would provide the developer a maximum of 47 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. :In addition, PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The proposed landscape buffer of 10 feet combined with the proposed rear setback of 15 feet equals the required setbacks and buffer of the Silverlake development. Both the elementary school building to the east, and the Chanteclair development to the south are more than adequately separated from building sites in the proposed development. The site does not provide direct access to a major roadway or transportation system, which is a requirement for major planned unit developments (Land Development Regulations, Chapter 2.5, Section 8, A). This requirement was placed in the code primarily to address impacts of larger developments that otherwise might introduce large amounts of traffic onto local neighborhood streets, and to properly distribute traffic onto the adjacent roadway system. Since the impacts from the proposed development are expected to be minor as compared to the average PUD, due to the facts that there are-slightly less than :~0 acres in the development and only 47 dwelling units, staff does not consider the requirement to have the importance that would usually be given to it. PRO3 ECT ANALYSTS. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records C'large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. ]:nstead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. Page 4 File Number: LUAR 03-005/ANEX 03-001 Serrano Beach The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parce/s s,~ould be annexed and p/aced/n the Low Density Res/dent/a//and use category. Development of these propert/es shou/d ~Tenera//y be//m/ted to s/n~/e-?arn//y detached dwe///n~s, so as to be compat/b/e w/th the one-story condorn/n/ums wh/ch //e to the south and the s/n~_7/e-?am//y subd/v/s/on /y/n~ to the north." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Host enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. In addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessitated by the impacts of proposed development. The Palm Beach County Planning Division has also reviewed the application and has determined that the development wilt not result in a negative impact on the area roadway network in the year 2020. With respect to solid waste, in a letter dated December I8, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. CO NCLUSZONS / RECO NI MEN DATIO N $ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ]:\$MRDATA\P~ann,r~\SI'IARED\W~PROJEC~.$e~'anO BeaCn%LUAR 03.-O0~5TAFF I~EPORT NEW.:OC Location Map Serrano at Boyntor~ Beach PU REC 0 800 Feet PU Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meetina Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to Cit~ Clerk's Office September 15, 2003 ('Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: Legal, Ordinance - First Reading. For further details pertaining to the No. PZ 03-168. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business Please place this request on the August 19, 2003 City Commission Agenda under The City Commission approved this request under Public Hearing on August ~2003~,i request, see attached Department of Development Memorandum "~ ',,"-. Serrano at Boynton (LUAR 03-005) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 canal, South of Golf Road Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning of 47-single family, zero-lot line homes. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature D~vt~lo~m~ni Department Director Planning and Zoni~n~ D'ir~'ct-'6'~ City A~omey / F~ce / H~ Reso~ces S:Wlanning~DS~ROJECTS~no B~ch~UAR 03~05~g~da Item Request S~no at Boston -Rezone-LUAR 03-005 I st reading 8-19- 03.dot S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.~ ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SERRANO AT BOYNTON, AMENDING ORDINAzNCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (PALM BEACH COUNTY) TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Beth Peschl, as owner of the property more particularly described hereinafter, for the project known as Serrano at Boynton., has filed a Petition, through its agent, Chip Bryan, Julian Bryan & Associates, Inc., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately L 9.74 acres, said land being more ~articularly described hereinafter, from AR (Palm Beach County) to Planned Unit (PUD); and WHEREAS, the City Commission conducted a public heating and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the S:\CA\Ordinances\Planning\Rezoning\Rezoning - Serrano.doc inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 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 by this reference. .on 2. The following described land, located in the City of Boynton Beach, as set forth as follows: The Southeast quarter (S.E. 1/4) of the Southwest quarter (S.W. 1/4) of the Southeast quarter (S.E. 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. LESS the South 40 feet thereof. AR~A OF SITE: 424,377 Square Feet or 9.742 Acres, more or less. Containing approximately +9.74 acres of land and the same is hereby rezoned from AR (Palm Beach County) to Planned Unit )evelopment (PUD). A location map is attached hereto as Exhibit "A" and made a part of Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended ;ly. Section 4~ All ordinances or pans of ordinances in conflict herewith are hereby Section 6: Should any section or provision of this Ordinance or any portion thereof e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. :IRST READING this ~ day of ,2003. : \CA\Ordinances\Planning\Rezoning\Rezoning - Serrano.doc ECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ,T: Commissioner City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Serrano.doc Location Map Serrano at Boynton Beach ~' PU PU REC t DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-168 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Chairman and Members Plannincj and Development Board and Mayor and ~~ission Dick Hudso¢i~CP Senior Planner Michael W. Rumpf Director of Planning and Zoning 3uly 11, 2003 Serrano Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-005) To annex the subject property; to reclassify from MR-5 Medium Density Residential (Palm Beach County) to Low Density Residential (City), and to rezone from AR-Agricultural Residential to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Beth Peschl Chip Bryan/.lulian Brian and Associates, :[nc. 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) (see Exhibit "A'3 PCN # 00-4.3-45-31-00-000-5020 ___9.74. acres MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Low Density Residential (4.84 du/ac) PUD Planned Unit Development 47 zero lot line single family homes Page 2 File Number: LUAR 03-005/ANEX 03-001 Serrano Beach Adjacent Uses: North: To the northeast, three single family homes in Silvedake Estates designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04. du/ac. To the northwest, unincorporated property developed with one, two story single-family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.4.2 du/ac. To the west of Chanteclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPG:[ (Public & Private Governmental/l:nstitutional) and zoned PU Public Use. West: Property within the Village of Golf designated single family residential and built at a density of 0.3 du/ac. The property immediately adjacent to the subject site consists of one single- family home on a 1.6 acre parcel and a portion of a vacant parcel of 4..5 acres. blASTER/SI-rE PLAN ANALYSIS All applications for a. rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. In this instance, a site plan has been submitted and is being reviewed simultaneously with this application. The plan shows thirty-nine (39) of the homes arranged backing up to the periphery of the property. A ten (10) foot landscape buffer tract surrounds these buildings, and a loop road provides access. An additional eight (8) residences are positioned inside the loop road on the north of the property. A lake, almost an acre in size, occupies the center of the property and a small tot-lot is shown at the southwest corner of the loop road. Lot sizes are typically 115 feet by 45 feet. Building setbacks are as follows: Frent: 25 feet to road/drive edge Side 10 feet one side Rear to Buffer 10 feet (20 feet separation) (Rear Setback adjacent to Silvertake 15 feet [25 feet separation]) Page 3 File Number: LUAR 03-005/ANE× 03-001 Serrano Beach Designs shown for the residences are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques and columns. Proposed models range from single-story/three-bedroom unit to a ~wvo-story/five bedroom unit, with air conditioned living areas ranging from 2,110 square feet to 2,931 square feet. The maximum density allowed by the Low Density Residential land use classification is 4.84 du/ac, whichwouid provide the devetopera maximum of 47 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. :In addition, PUD regulations require that perimeter buffers and setbacks within PUDs must mirror those in abutting development to ensure adequate separation between buildings. The proposed landscape buffer of 10 feet combined with the proposed rear setback of 1_5 feet equals the required setbacks and buffer of the Silverlake development. Both the elementary school building to the east, and the Chantectair development to the south are more than adequately separated from building sites in the proposed development. The site does not provide direct access to a major roadway or transportation system, which is a requirement for major planned unit developments (Land Development Regulations, Chapter 2.5, Section 8, A). This requirement was placed in the code primarily to address impacts of larger developments that otherwise might introduce large amounts of traffic onto local neighborhood streets, and to properly distribute traffic onto the adjacent roadway system. Since the impacts from the proposed development are expected to be minor as compared to the average PUD, due to the facts that there are slightly less than 10 acres in the development and only 47 dwelling units, staff does not consider the requirement to have the importance that would usually be given to it. PRO3 ECT ANALYSTS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. ]:nstead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capabiliL-y. Page 4 File Number: LUAR 03-005/ANEX 03-001 Serrano Beach The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities; found in the support documents for the 1989 City of Bo.vnton Beach Comprehensive Plan. Sub-section 8.d. of that document states' "These parcels should be annexed and p/aced /n the Low Dens/ty Res/dent/a//and use category. Development of these properties should generally be//m/ted to $ingle-£am//y detached dwe///n~$, so as to be ¢ompat/b/e w/th the one-story condom/n/urns wh/ch //e to the south and the s/nEF/e-?am//y subd/v/s/on /y/n~ to the north." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: l) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. In addition, the City's Director of Public Works has determined that no improvements to Palmland Drive wilt be necessitated by the impacts of proposed development. The Palm Beach County Planning Division has also reviewed the application and has determined that the development will not result in a negative impact on the area roadway network in the year 2020. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. CONCLUS:IONS/RECOM M ENDA'i-IONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". J?,SHROATA\I~annir~\SHAI~ED\WP\PI~OJE~--'~Se??anO ~each\LUAR O]-OOS~STAFt: REPORT Location Map Serrano at Boynton Beach ,/ 8OO REC PU iii 800 Feet Requested City Commission Meeting Dates [] August 5, 2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 XII. - LEGAL ITEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Legal, Ordinance - First Reading. Hearing on August 5, 2003. For further details pertaining to the request, see attached Department of Development McmorandumNo. PZ 03-173. e.~ Please place this request on the August 19, 2003 City Commission Agenda under The City Commission approved this request subject to staff comments, under Public EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-005) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of an existing ingress/egress easement. t PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A VDev~p-m~jnt Department Director i2ity Mahager's Signature Planning and-Zoning l~ir~ctor City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTSXBoynton Commerce Ctr~Boynton Commerce Ctr, Lot 3BXABAN 03-005XAgenda Item Request Boynton Commerce ' Ctr ABAN 03-005 1st reading 8-19-03.dot S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORMDOC ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN EXISTING INGRESS/EGRESS EASEMENT WITHIN A PORTION OF PARCEL 3B & 3C (NO. 03-005) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION O F A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon the 65 foot wide ingress/egress easement located within a portion of Parcel #B & 3C, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public heatings have been held before the City's Planmng and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section l. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a 65 foot wide ingress/egress easement located within a portion of Parcel 3B & 3C, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Flor/da. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Flor/da. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ,20c 3 S:\CA~Orc~inances~ADanclonments\Boynton Comm~'ce Cefltef' Abd - 65 foot regresS-egress.doc SECOND, FINAL READING AND PASSAGE THIS ,2003. day o f CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner 'TEST: Commissioner City Clerk S:\CA\Orclinances',Abanclonme~ts\~°ynt°n Commerce Cente~ Alxl - 65 fool ~ngress.~gtes$.ctoc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Flor/da, does hereby abandon a 65 foot wide ingress/egress easement, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH ) )SSi ) Kurt Bressner, City Manager BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CAlOrclinance$',Abandonment$\Boynton Comme~e Geritol' Abd -PI[:) - utility DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-173 TO: THRU' FROM' DATE: SUBJECT: Chairman and Members Pfanning and Development Board Michael W. Rumpf ' Planning and Zoning Director Maxime Ducoste-Am~d~e~.,~ Planner July 15, 2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-005). Abandonment of an existing Ingress / Egress Easement within a portion of Parcel 3B & 3C. NATURE OF REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon the 65-foot wide ingress/egress easement located within a portion of Parcel 3B & 3C. This request to abandon the ingress/egress easement was submitted on May 5, 2003. tt is described as follows: A portion of Parcel 3B & 3C, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, FIodda. The location map attached as Exhibit "A" shows the general vicinity of the ingress/egress easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North South East West Deveioped retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbdght Road and developed commercial properties zoned C-3; Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and Right-of-way for Corporate Drive then Parcel 3-H of Boynton Commerce Center, PID, used for parking and zoned PID, and farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District I.D.). A 65-foot wide easement, which runs east to west, currently functions as a means of ingress / egress to , arcel 3C and the subject parcel (Parcel 3B). The applicant has the intention of reducing and relocating the 65-foot ingress/egress easement to facilitate the development of the last remaining lot in this PID (see Exhibit"C"- Boynton Commerce Center Lot 3B Site Plan). Once this easement is vacated, a new ingress / egress easement not less than 50-foot wide is proposed as a replacement (See Exhibit "D" - Conditions of Approval). Page 2 'Memorandum No. PZ 03-173 ABAN 03-005 ANALYSIS Pursuant to Chapter 22, Article t11, Section 4, public notice was given to the proper-b/owners that abut the easemen: to be abandoned, all utility companies have been notified and the request has been advertised in the news2aser. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection Approval with conditions (See Exhibit "D") No objection No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the existing 65-foot wide Ingress/Egress easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S.\ ~!3rt~I~*,SHA~,~\W,~C3,~CJE'~TS',~3¥~t~rl Ccrr'rr'er?. C~ ~o,tnlcn S~n', rr'er¢.~ C',r L.:~ ]~.,~AN ¢,~-,:G5~.:3,''f re...Qrt, :.% Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 tB EXHIBIT" '" ~ PCD / (33 , ,i SKETCH & DESCRIPTION INGRESS & EGRESS EASEMENT BOYNTON COMMERCE CENTER PLAT BOOK mB, PG. 125 & 127 v~2 '2; '52 "-Z >,"~2 'Z ~ '52 '? ~ = 95 '~5 '2'" 5r 55' ~ ~5E5~' ~P=525. CC' , ' ./ CORPORA ~ DRI~ "., ' ~ ~ ~e~-,- ,, ._ PARCEL 5C / I ! i / A = 108 t32 '35" ,-?,=20.00' ~o' ~c=~._L_ = 37 89' / AVIROM &:ASSOCIATES. INC. SURVEYING &: MAPPING 50 ~.W. 2NO AV~ILIE. SUITE 102 BOCA RATON. Ft. ORIDA 33432 TEL. (~all 392-21~g4, FAX (ael! 394-7'121~ PARCEL ~= 71~7'25" 00' L=2~.£~' 02/29/01 EXHIBIT "B" SC~L£: :'= CC JOB # ~-109-27CI OATE: o~,/09/0~ I SHEET 2 _,OY_?.~_ t EXHIBIT "C" iii] .... {! '"' " j ii. J ' 11 'j EXHIBIT "D" Conditions of Approval Project name: Boy'nton Commerce Center Lot _qB File number: ABAN 03-005 DEPARTMENTS i-NCLU~D E KEYECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement to the 65-foot wide ingress / egress X easement shall be replaced with a 50-foot utility easement. PUBLIC WORKS- Traffic Comments: None X .... UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PAR. KS AaN'D RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AaND ZONING Comments: None X Conditions of Approval Comments: DEPARTMENTS PRIVATE UTILITIES 2. Adelphia: None 3. Florida Power & Light: None 4. Florida Public Utilities Company: None 5. Bellsouth: None ADDITIONAL PLANNING AxND DEVELOPMENT BOARD CONDITIONS INCLUDE X X X Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Corrll'nents: 1. To be deterrrdned. $.'Plann.ng',~HARED%WP~PROJECTb~Boyntoc. Con'~'~'ce C~ 8oynton Commerce Ct," Lot 38',ASAN 03-CCS~COA.goc REJECT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center Lot 3B ABAN 03-005 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, ~003 TYPE OF RELIEF SOUGHT: Request abandonment of an existing Ingress/Egress Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Gold Road DRAWING(S): SEE EXHIBIT "B" A'FI'ACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\W~PROJECTS\Boynton Commerce CtC, Roynton Commerce Ctr, Lot 3B~ABAN 03-005\DO,doc Requested City Commission M~eeting Date~s [] August 5, 2003 [] August 19,2003 [] September 2, 2003 [] September 16, 2003 XlI. - LEGAL ITEM 6.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned i~nto City Clerk's Office_ July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noon) NATURE OF AGENDA ITEM [] Admmistrative [] Legal [] Announcemem [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heaving [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the August 19, 2003 City comnUssion Agenda under Legal, Ordinance - First Reading. The City Comrrassion approved this request subject to staff comments, undo_ Heating on August 5, 2003. For further details pertaining to the request, see attached Department of Developmh'~t Memorandum No. PZ 03-175. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commerce Center (ABAN 03-007) Winston Lee, Winston Lee & Associates, Inc. Nay~ot Realty, Inc. Southwest comer of 1-95 and Woolbright Road Request for an abandonment of a Florida Power and Light easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A , ~;'),n/~ ",~'f~' ~ .... De-v~opm~nt Department Director · Plan~ting and Zoni~l~ector City Attorney t Finance f Human Resources S:~ianning~HAI~ED\WP\PROJECTS~B°Ynt°n Commerce Cu.XBoynton Commerce CU., Lot 3BXABAN 03-007\Agenda Item Request Boymon Commerce CU' ABAN 03-007 1st reading 8-19-03.dot S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC City Manager's Signature ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A FLORIDA POWER AND LIGHT EASEMENT, (NO. 03-007) MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING EXECUTION O F A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting the abandonment of a Florida Power and Light easement that runs through the north ½ of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4, subject to staffcomments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a Florida Power and Light easement, subject to staff comments, and more particularly described as follows: The north ½ of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad fight-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ,2003 S:W--,A\Orchnances~A~anoo~me~ts~Fp&L. Boynto~ ~ Center Al~nOoe~ma~t.cloc SECOND, FINAL READING AND PASSAGE THIS ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ,T: Commissioner City Clerk ,:~CA\O~inances',Aban,~onments',FP&L - Bo'ynto~ ~ Center Abandonme~.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Bo.vnton Beach, Florida, a municipal corporation, under the laws of the State of Flor/da. does hereby abandon a Florida Power and Light easement, subject to staff comments, and more particularly described as follows: The north ½ of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Bo.vnton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )SS~ COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: tS~FP&L · 8oynton Co~wr~e Center DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-174 ,O: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpft'~'t~ Planning and Zoning Director Maxime Oucoste-Am~d~e4-~ Planner July 15, 2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-007) Abandonment of a Florida Power and Light easement that runs through the north 1/2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District Canal E-4. NATURE OF REQUES_T The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, Inc., is requesting to abandon a Florida Power and Light easement that runs through the north 1/2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage :trict Canal E-4. This request was submitted on May 5, 2003. It is described as follows: The north 1/2 of Section 32, Township 45 South, Range 43 West, lying West of the Seaboard Airline Railroad right-of-way and East of the Lake Worth Drainage District E-4 Canal SUBJECT to restrictions, reservations and easements of record, Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject propert7 and includes a detailed location of the easement to be abandoned and its legal description. The following is a descriptibn of the zoning districts and land uses of the properties that surround the subject request. North South East West Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3; Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; Right-of-way for S.A.L. Railway and father east is right-of-way for Interstate 95; and Right-of-way for Corporate Drive then Parcel 3-H of Boynton Commerce Center, PlO, used for parking and zoned PID, and farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P.I.D.). A Florida Power and Light easement, which runs through the Boynton Commerce Center from Woolbright Road to Golf Road. This easement, which has no width, was intended to support an overhead FP&L transmission line. FP&L has indicated this easement affects no existing FP&L facilities. The applicant has the intention of Page 2 'Memorandum No. PZ 03-174 ABAN 03-007 .acating the easement to facilitate the development of the last remaining lot in this P1D (see Exhibit "C"- Bcyntc?. Commerce Center Lot 38 Site Plan). Staff understands that this transmission line has ~:een re-routed parallel to the LWDD E-4 Canal right-of-way along the west side of the 8oynton Beach Commerce Center. ANALYSIS .' Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspacer. A summary of the responses from the utility companies and city staff is as follows: ' CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection No objection No objection No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the existing Florida Power and Light easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File $'\ ~Iann~n~%SHA~ED\WF~PROJECTS~8~yn~on ~,3mt/'~erce CIA ~3yn((3n C,~m~w'~e~a C:r ',.~( 38~,8AN 03-L30,%s~atf reoort.~.cc Location Map BOYNTON BEACH COMMERCE CENTER LOT 3 B EXHIBIT "A" 3 ~ PCD ~ i C3 R~AA , / I / ~,-tRCEL .SC ; ~ PARCEL PARCEL /NCL U, EXHIBIT "C" mi II[! EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ,M3AN 03-007 Comments: None Comments: None DEPARTblENTS PUBLIC WORKS- General PUBLIC WORKS- Traffic UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None C~L~E X X X X X X X X X PLANNING AND ZONING Comments: None X R_EJECT Conditions of Approval Comments: 1. Adelphia: None. 2. Florida Power & Light: None. i X 3. Florida Public Utilities Company: None. X 4. Bellsouth: None. ADDiTiONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: X 1. None Con,ay. DeCiSIONAL CITY COMMISSION CONDITIONS S:\plann,ng,~$HARED\WP~PROJECTSBoynton Corm'nerce C~J~ Boynton Commerce C~ Lot 38~,8AN 03~307~,COA'cI°c DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :Boynton Commerce Center Lot 3B ABAN 03-007 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, '2003 TYPE OF RELIEF SOUGHT: Request abandonment of a Florida Power & Light Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk $:~PIa~m~g~SHARI~WI~PROJECT~Oy~IO~ Comme~e Clt~y~lo~ Co¢l"~e~=e Cfr, LO/'~B~AN 6.7 BOYN ON BEACtt O CiTY OF_l_., o oljES f FOIL Kequested Ci~ commission Kequested Ci~ Commission Date~ ~ ~ October ~. 2003 ~ul~ 14, ~003 ~oon.~ August 5, 2003 ~ October II, 2003 August 4, 2003 August 19, ~003 ~ November 5, 2003 August l$, 2003 September 2, ~003 ~ November lg, 2003 September 2, Z003 ~ September 16, 2003 ~ Legal ~ A~is~ative ~ New Bus.ess ~ ~ouncement ~ presentation public HeaVE Date Final Form Must be Turned September ~5, 2003 (~Noon~ OctOber 6, 2003 [Noonl -~ ~003 CNoon~ Octobel ~v, ~ November 3, 2003 (Noon] NATURE OF ~ CitY Manager's Report [~ . AGENDA ITEM r'~ ConSent Agenda , o~lements ~ unfmtshed Business .'~ ~ Code comPtt~ . ~ . · .... CiW C°~tss~°n ~=- --der~bli~O mease place th~s q .... red tins rc~- . ..... wlON: ~' ~:., co.iSsi°n aPP~~ - .... * see a~CUeU _~rOMM~u~- _ ~ The ~t~j ~ ' ....to the requ~-, ~ _ ...... Fkst Keao ~¢ ~.. a~tails peeatnm~ ' · Legal, orom~ . ~ ~003 For ~n~ ...... He~g on Augus~ ~, ~ ' Memor~d~N°' PZ 03-135. :'" EXPLANATION: pRo;ECT: AGENT: oWNEK: LOCATION: DESCPdpTION: BoyntOn Commerce Center (ABAN 03-008) Winston Lee, Winston Lee & AssociateS, Inc. NayrOt Kealty, Inc. SouthweSt corner of 1-95 and Woolbright Koad (water) easement. Request for an abandonment of a portion of a utility pROGI~M IMPACT: FISC AL IMP ACT: ALTEI~IATIVES: N/A N/A N/A ORDINANCE NO. 0 03 AN ORDiNANcE OF THE BEACH, CITy OF BOY-NToN FLORJDA, ABANDONMENT OF A PORTION AUTHORIziNG (WATER) EASEMENT OF A UTILITy CORNER OF t at ,._ LOCATED 03-008) MORE PARTI "'~--o~dLiHT ROAD (NO. HEREiN, S .... CULARL y AUTHor),..,~u. ffJ£CT TO STAF" _ut:sCRIBED ,x~Z.L~g EXECUTir~,T ,-,- ~ _COMMENTs; WHICH SHALL BE '-'~ u~, A DISCLAIMER, RECORr~ED iN THE PUBLIC RECORDs OF PALM BEACL,. COUNTy, FLORIDA; AND PROViDiNG AN EFFECTWE DATE. WHEREAS, the agent for Boynton Coramerce Center Lot 3B, Winston Lee of Winston Lee and Associates,/nc., is requesting to abandon a portion ora utility easement, which lies on a port/on of Parcle 3B in the Boynton Commerce Center piD, subject to staff corrtments; and · -~ proposed abandortment; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF' THE CITY OF' BOYNTON BEACH, FLOR/DA THAT: ~ The foregoing Whereas clauses are true and correct and incorporated herein by this reference. ~ The City Commission of the City of Boynton Beach, Florida' does hereby abandon a Portion of a Utility easement, Which lies on a portion of Parcel 313 in the Boynton Commerce Center PI]), subject to staff COmments, and more particularly described as follows: A POrtion ofParceI 3B, BOYNTON COMMERCE CENTER according to the Hat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. ~ The City Manager is hereby authorized and directed to exeCUte and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. ~ This Ordinance shall take effect immediately upon passage. FIRST READING this ------_ day of _, 2003 Ai:)anclonmenl,J~BOynlo~ C^~_- _ SECOND, FINAL READING AND PASSAGE THIS ,2003. _day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ,:\CA~:)rclinancea~ndo~mefat$~°Y~t°n Co~'~'~'ce Ce~te* AI~ -PID - utility easement.doc DISCLA/MER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida. does hereby abandon a portion of a Utility easement, which lies on a portion of Parcel 3B in the Boynton Commerce Center PD, subject to staff comments, and more particularly described as follows: A portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of August, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH ) )SS: ) Kurt Bressner, City Manager BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of August, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: ;:\CA'~OrOmances',Abanclo~ment$',Boynlon Con'~e~'ce Cent~ Abd -PlO - utility DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-175 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Maxime Ducoste-Am~d~e ~, Planner July 15, 2003 BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-008). Abandonment of a portion of a Utility (water) Easement. A portion of Parcel 3B, BOYNTON COMMERCE CENTER. NATURE Of REQUEST The agent for Boynton Commerce Center Lot 3B, Winston Lee of Winston Lee and Associates, inc., is requesting to abandon a portion of a Utility easement, which lies on a portion of Parcel 3B in the Boynton Commerce Center '"~D. This request was submitted on May 5, 2003. It is described as follows: A portion of Parcel 3B, BOYNTON COMMERCE CENTER according to the PIat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit "B"- shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Developed retail commercial use (Lowe's) zoned C-3 and farther north is right-of-way for Woolbright Road and developed commercial properties zoned C-3: South Parcel 3-C of Boynton Commerce Center, P1D, industrial uses, zoned PtD; East Right-of-way for S.A.L. Railway and father east is right-of-way for interstate 95; and West Right-of-way for Corporate Drive then is Parcel 3-H of Boynton Commerce Center. PlO. used for parking and zoned PID, and then farther west is right-of-way for L.W.D.D. E-4 Canal. BACKGROUND, ,~ June 2, 1998, the City approved the master plan for the Boynton Commerce Center Planned Industrial District (P.I.D.). An existing utility easement is located on Lot 3B. This easement supports a monitoring well for the supply well field located around the perimeter of the Boynton Commerce Center PID. There currently exist a fire hydrant located within this easement. The applicant has the intention of vacating the easement relocating the fire hydrant as part of the concurrent site plan (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). The relocation will Page 2 'Memorandum No. PZ 03-175 ASAN 03-,:08 ~nclude the water lines to be dedicated to the City. ANALYSIS Pursuant to Chapter 22, A~icle I11, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and cit',/staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning POBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection Approval with conditions (See Exhibit "D") Approval with conditions (See Exhibit "D") No objection No objection No objection No objection N/A RECOMMENDATION Staff recommends that this request to abandon the existing utility (water) easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File 3,'~ ~Iann~a~*$HARE'D\W~.PRCJECTS~E<3yni~n Con',."ne~:e C:n 8oynton C,;n"~me,~e C:r Lo~ 38~,8AN 03-008'~aff Location Map BoYNTON BEACH LOT 3 B ---- PCD C3 SKETCH &: DESCRIPTION WATER EASEMENT E._OYLTON CCM,ME~CE C~.NTE_.R COP, P©PA TE DP.,/VE P=525. EXHIBIT "B" AVIROM &:A:SSOCIATES. INC. :SURVEYING &~ MAPPING ~O 8.W. 2ND AVENUe_, 8UIT~ 102 BOCA RATON. FLORIDA 33432 TEL (8el) 392 2~04 FAX (~1) 304-712& JO8 # ,4.-~ Og_3~ OATE: S~-~TM_OF_:__ EXHIBIT "C" '~'" t~ !~1 it:fl! " ~ · iI LEVITT COMMERCIAL EXHIBIT "D" Conditions o15 Approval Project name: Boynton Commerce Center Lot 3B File number: A.BAN 03-008 DEPARTMENTS } ~'CLE~E KEJECT PUBLIC WORKS- General Comments: 1. This dimsion approves this application, subject to the proviso that the X Utilities Department concurs. The applicant should contact the Utilities Department re~ardin~ the supply well field and obtain approval. , PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATIO~N' Comments: None X FO RE STE R/E NVIRO NME NTAL I ST Comments: None X PLANNING AND ZONING Coaditioas of Approval Comments: DEPART*lENTS This approval is contingent upon obtaining approval of this abandonment request from the Utilities Department. PRIVATE UTILITIES I'NCLUDE KE3ECT Comments: 4. Adelphia: None. 5. Florida Power & Light: None. 6. Florida Public Utilities Company: None. 7. Bellsouth: None. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: l. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: t. To be determined. $:\P~annln(:]~SHAREO\WP~PROJECTS'~8oynton Comn~erce C~ Boynton Con~erce Ca' ~.ot 38~ASAN 03-~08\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center Lot 313 A13AN 03-008 APPLICANT'S AGENT: Winston Lee - Winston Lee & Associates, lnc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Rd #106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a Utility (water) Easement. LOCATION OF PROPERTY: Boynton Commerce Center PID between Woolbright Road & Golf Road. DRAWING(S): SEE EXHIBIT "13" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton 13each, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J':~,$HRD^TA\PIa. nnin~',SHAR, ED\WP\FOR.MS",BIanks t'orrrts t"oldc¢,Dcvclop. Ord~r Form-ZOOt-Revised.doc XII. - LEGAL ITEM B.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City, Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 Date Final Form Must be Turned in to Cit~' Clerk's Office September 15. 2003 (Noon) October 6. 2003 (Noon) October 20. 2003 (Noon) No~ember 3. 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of all revisions to the Personnel Policy Manual EXPLANATION: Manual has been revised to ensure compliance with current FMLA guidelines and regulations, to more clearly define the City's existing leave policies, to revise the guidelines for the calculation of sick leave to coincide with current work schedules, and to remove reference to the Pay Plan. The revisions also address needed modifications to the Disciplinary Process, focusing on the issues and demands of the current environment, as well as providing a procedure which incorporates a clearly defined process to ensure each employee is given every opportunity to address performance issues. Additional revisions are to eliminate redundant language and cover other general grammatical maintenance. These changes also eliminate the need for seven (7) existing APM's that deal specifically with personnel policies and are outdated PROGRAM IMPACT: The proposed changes potentially impact all City employees. From the changes in FMLA to the modifications in the disciplinary process, the proposed changes will help to ensure that the City provides it's employees with a safe and professional working environment while helping to provide for their well-being and the well-being of their families. FISCAL IMPACT: No direct or specific impact. ALTERNATIVES: · Approval of only the policy maintenance items. · Approval of the modifications to specific sections and/or subjects. end no modifications to the existing manual. ;p~ar~nt t~ea~ S~-~tu~e ;.- .'..,'. , .. , ,, Department Name ~~gnature City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL POLICY MANUAL OF THE CITY OF BOYNTON BEACH; PROVII)ING FOR CONFLICTS, SEVERABILITY, CODIYlCATION AND AN EFFECTIVE DATE. WHEREAS, on February 2, 1998, by Ordinance 098-06, the City Commission of City of Boynton Beach, adopted a Personnel Policy Manual for the City of Boynton which document was further amended by Ordinance No. 098-34 dated September 3, 1998, Ordinance 098-44, dated December 1, 1998 and Ordinance 02-031, dated August 6, !002; and WHEREAS, the Human Resources Director is charged with the responsibility of the document on a continual basis and making recommendations for amendments the policies fi.om time to time, to correctly reflect the intent and purposes of the City's program; WHEREAS, t he Human Resource Director with the assistance of administrative undertaken a comprehensive review of the PPM and has recommended numerous as delineated on the Summary of Changes, which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) is hereby amended to all of the amendments as reflected on the Summary of Changes, which is ;hed hereto as Exhibit "A" and made a part hereof. Section 2_. That the PPM, which is attached hereto as Exhibit "B" and made a ', has been reorgamzed and recodified for easier access to information. Section 3. Should any section or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4.. All Ordinances or parts of Ordinances, Resolutions or parts of utions in conflict herewith be and the same are hereby repealed to the extent of such :onflict. ;:\CA\Ordinances~Administrative\PPM Amendments Rev081103.doc Section 5. Section 6. )ccurred: Authority is hereby granted to codify said ordinance. This Ordinance shall become effective when the following has (a) Immediately upon passage for all employees not covered by a collective bargaining unit; and (b) For those employees covered under a collective bargaining agreement, when a collective bargaining agreement ratifying the foregoing changes to the Personnel Policy Manual has been ratified by the City Commission and the bargaining unit, or their successor organization. FIRST REAl)lNG this ~ day of August, 2003 SECOND, FINAL READING and PASSAGE this ~ ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner City Clerk Commissioner S:\CA\Ordinances~AdministratJve\PPM Amendments Rev081103.doc PERSONNEL POLTCY MANUAL CTTY OF BOYNTON BEACH ~HDODT&NT NnTT~F Many nf ~h~ pqlici~_¢ Cnn~in~rl in ~hi~ m_~ns~_l ~r~ ~nqR~ nn I~1 ~rn~/icinnc, in~r~r~a~inn~ Of law, anH employee r~i~tion$ ~rinci~l~~, _Not_hing in thic mnn,~n_l shall b~_ const_rU~_d tO constib]t~ ~ COntrnct The Ci~ hnc the right, ~t its diccr~inn, tO mndi~ thic hnnHbnO~ 8t nny fim~ Nn~hing h~rein limi~q the ci~y'c riohtc ~n ~rminn~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 TARI I: ~1:: ~'~N'I'I~NTC~ Page GENERAL PROVISIONS ................................................................................................... 01. Purpose of These Policies .......................................................................................................... 4 Positions covered by these policies ............................................................................................... 4 Approval of Policies ..................................................................................................................... 4 Amendment of Policies ................................................................................................................ 4 Codification ................................................................................................................................. 4 02. Organization for Personnel Administration .................................................................................. 4 City Commission: ........................................................................................................................ City Manager .............................................................................................................................. 5 Human Resources Director: ......................................................................................................... 5 03. Equal Employment Opportunity Statement ................................................................................. 6 04. Harassment ...................................................................................................................... 6 Provisions ................................................................................................................................... 7 P roced u res ................................................................................................................................. 7 05. Violence in the Workplace ......................................................................................................... 8 06. Drug and Alcohol Use ............................................................................................................... 8 07. Americans with Disabilities Act (ADA) ......................................................................................... 9 08. Effective Date of Policies ........................................................................................................... 9 1;I. EMPLOYMENT ............................................................................................................ 01_. Types of Employees ................................................................................................................ :tO 02. Recruitment and Selection ...................................................................................................... ll Procedures ............................................................................................................................... 03. Employment of Relatives ......................................................................................................... .......... 113 04. Hours of Work ............................................................................................................... 05. Personnel ]:nformation / Employee Files .................................................................................... 13 06. Probationary Period ............................................................................................................ 114 New Hire (Full-time): ............... : ................................................................................................. 114 Promotion from Part-Time to Full-Time: ...................................................................................... 14 Promotion to a Higher Graded Position: ...................................................................................... 14 Transfer to a different position, whether in the same or a lower grade: ........................................ 14 ~1;:[. COIVlPENSAT~ON ........................................................................................................ 15 01. Overtime ................................................................... 02. Callback and On Call ............................................................................................................... 15 ......................... 1[$ 03. Compensatory Time ....................................................................................... 04. Demotions / Transfers ............................................................................................................ 116 Demotions .................................................................................................... .116 Transfer .................................................................................................................................. .... 16 05. ;Incentive Pay System ......................................................................................................... Eligibility ................................................................................................................................... 16 06. Bonus Awards ............................................................................................ 17 07. City Manager ;Incentive Program .............................................................................................. ...................... 18 ~. BENEFITS ........................................................ 01_. Legal Holidays ................................................................................. . ...................... 18 02. Vacation Leave ................................................................................................ City of Boynton Beac~ 2 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 03. Sick Leave with Pay ................................................................................................................ 19 2 04. Bonus Days ............................................................................................................................ 20 3 Accrual ..................................................................................................................................... 20 4 05. Leave With Pay ...................................................................................................................... 2:1 6 Jury Duty/Witness Fees: ............................................................................................................ 21 6 Military Leave: .......................................................................................................................... 21 7 Disability: ................................................................................................................................. 21 8 Workers' Compensation: ............................................................................................................ 22 9 Compassionate Leave: ............................................................................................................... 22 10 Management Authorized Leave: ................................................................................................. 23 1 1 Authorized Training Leave: ........................................................................................................ 23 12 06. Leave Without Pay ................................................................................................................. 23 1 3 07. Family and Medical Leave Act .................................................................................................. 24 14 A. Entitlement ........................................................................................................................... 24 15 B. Continuation of Benefits ........................................................................................................ 24 16 C. Definitions ............................................................................................................................ 25 1.7 D. Requirements ....................................................................................................................... 25 18 E. Notice .................................................................................................................................. 26 19 08, Longevity Benefits .................................................................................................................. 27 20 Eligibility ................................................................................................................................... 27 21 Benefit ..................................................................................................................................... 27 22 Procedures ............................................................................................................................... 27 23 DROP Plan Participants .............................................................................................................. 27 24 09, Retirement Benefit ................................................................................................................. 28 25 V. PROFESSIONAL DEVELOPMENT ................................................................................... 29 26 OZ. Zn-Service Training ................................................................................................................. 29 27 02, Tuition Assistance ................................................................................................................... 29 28 03, Employee Technical Certification ............................................................................................. 29 29 VI, DI~SCZPLINE ............................................................................................................... 3! 30 01, Disciplinary Actions ................................................................................................................. 3! 31 Examples of Misconduct ............................................................................................................ 3~. 32 Misconduct ............................................................................................................................... 32 33 Serious Misconduct .................................................................................................................... 33 34 Extreme Misconduct .................................................................................................................. 33 35 Procedure for Disciplinary Action ................................................................................................ 34 36 Types of Disciplinary Action: ...................................................................................................... 35 37 Right to Predetermination Hearing ............................................................................................. 37 38 Employee Appeals ..................................................................................................................... 37 39 02. Formal Grievances .................................................................................................................. 38 40 VZZ. RESIGNATION / TERMINATION ................................................................................. 39 41 01. Resignation/Termination .......................................................................................... 39 42 Termination Pay ........................................................................................................................ 39 43 02. Lay-Off .................................................................................................................................. 39 44 VZZZ. APPENDIX ............................................................................................................... 40 45 01. DEFINe'IONS .......................................................................................................................... 40 46 02. ZNDEX .................................................................................................................................... 42 47 48 City of Boynton Beach 3 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 2~ 22 23 24 25 2~ 27 28 2~ 3O 3~ 32 33 34 35 3t5 37 38 3~ 40 4~ 42 43 44 45 46 47 48 4~ GENERAL PROVZSZONS 0:t. Purpose of These Policies These policies are to provide guidance for the administration of the City's Personnel program, l~t is the intent of these policies that City employees will be dealt with on an equitable basis, so that the citizens of the City may derive the benefits and advantages that can be expected to result from a competent staff of City employees. Positions covered by these policies A. These policies shall apply to all non-contract employees. These polities apply to union employees only when they are incorporated or referenced (in whole or in part) in the union employees' collective bargaining agreement These policies apply to employees with individual contracts only to the extent they are incorporated by reference in the employee's contract. B. An employee who is promoted or reclassified from positions previously covered by bargaining unit agreements or by any previous rules or regulations into positions affected by these policies, shall be considered covered by these policies effective as of the date of the promotion or reclassification. Approval of Policies These policies shall be in force and effect when approved by Ordinance of the City Commission. In the event of any conflict between these rules and any other existing policies, rules or regulations which are in conflict with these policies, these policies shall prevail. Amendment of Policies These policies may be amended from time to time by Ordinance of the City Commission, unless another means of amendment is specified in this document. Codification The City Administration, from time to time, reserves the right to re-codify the Personnel Policy Manual to facilitate its use. 02. Organization for Personnel Administration City Commission: The Qb/Commission shall: A. Have the power to approve or amend the Policies on its own initiative or on affcer receiving a recommendation from the City Manager. B. Ratify letters of appointment when required by the City Charter. City of Boynton Beac~ 4 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 7 8 9 10 11 12 13' ~7 2O 2~ 22 2@ 32 35 38 4~ 44 47 52 55 5~ 57 City Manager The City A. B. Manager shall: Be responsible to the City Commission for the administration of the personnel system. Appoint, promote, transfer, remove, demote, suspend, or discipline all subordinate employees. The City Manager may, in his/her discretion, delegate administrative authority to the Human Resources Director or Assistant City Manager to approve personnel actions. The Manager may enter into letters of appointment to hire or retain exempt status management employees under such terms and conditions as the City Manager deems necessary to hire or retain competent management personnel. Ratification of letters of appointment by the City Commission is not required unless otherwise required by the City Charter. Perform such other duties and have and exercise such other powers in personnel administration as is vested in the City Manager by the provisions of the Qb/Charter, applicable law and these policies. Appoint a Human Resources Director who shall be responsible to the City Manager for the of the City's Personnel program. Human Resources Director: The Human Resources Director shall: A. Administer the provisions of these policies. B. Develop and administer recruitment and examination program to source competent applicants to meet the needs of the City. C. Develop, administer and maintain job descriptions that reflect the duties being performed by each employee. D. Perform a periodic review of compensation levels in the area to the extent that such levels affect City employment. E. Provide forms and/or procedures as necessary, appropriate or desirable to carry out the personnel program. F. In cooperation with the City Manager and various department heads, develop and establish training and educational programs for employees as conditions warrant. G. Perform Human Resources administration activities consistent with the City Charter or these policies, as the City Manager may direct, or as may be required by Ordinance. H. Prepare and recommend policies or amendments to the policies as necessary or advisable to carry out the intent and purposes of the City personnel program. Administer Benefit Programs .1. Review the Human Resources Policy Manual not less than bi-annually and file a written report with the City Clerk. K. Administer the Performance Appraisal Program. Cit7 of Boynton Beac~ 5 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 6 7 8 9 10 11 12 13 14 15 .16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1 0:3. Equal Employment Opportunity Statement 2 3 The City of Boynton Beach is an Equal Opportunity Employer and prohibits discrimination because 4 of race, color, creed, religion, national origin, sex, age, political affiliation, disability (except where 5 such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, veteran status and/or other protected class status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. 04. Harassment The City of Boynton Beach is committed to providing a work environment that is free of unlawful harassment and discrimination. Harassment (both overt and subUe) is a form of discrimination where a person is subjected to a hostile or offensive work environment because of threatening, intimidating, embarrassing, or other offensive behavior based on race, religion, age, disability, sex, national odgin, sexual orientation, or other protected class status. Unlawful harassment is a sedous offense. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and induding dismissal. By way of illustration, but not limitation, the following shall constitute inappropriate workplace behavior: 1. Disparaging remarks (wdtten or verbal) of a discriminatory nature. Includes slurs toward a protected group; 2. Jokes targeting a protected group, as well as jokes or comments or a sexual nature; 3. Posters, flyers, personal attire, etc., designed to promote discrimination or harassment of a protected group; 4. Disparate treatment of individuals in the protected categories involving recruitment, promotional opportunities and application of policies, procedures and regulations; 5. Acts of violence, threats of violence, or other harmful or offensive behavior intended to promote a hostile work environment because of an individual(s) membership in a protected group; 6. Sexual harassment can include unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating environment. The policy prohibits behavior that is not welcomed by the employee and is personally offensive such as, but not limited to: · Sexual flirtations, advances or propositions. · Verbal abuse of a sexual nature, sexually related comments and joking, graphic, or degrading comments about an employee's appearance, or the display of sexual objects or pictures. · Any uninvited physical contact or touching, such as patting, pinching or intentionally brushing against another's body. City of Boynton Beach 6 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 Provisions All levels of supervisors are responsible for communicating this policy, and for recognizing, responding, taking corrective actions, and/or preventing the harassment of City employees. Employees who feel they are a victim of harassment have an obligation and a duty to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive. If the behavior continues, the ernployee is r,,q,,ired tn immediately report the behavior to their own supervisor or to Human Resources. The individual instigating the harassment may not necessarily be another employee, co-worker, or supervisor, but may also be any other person conducting business for or with City employees. Procedures 1. Employees should report their I harassment complaint immediately. The employee has the option of reporting the complaint as follows: a. to their supervisor or department director, or b. to the Director of Human Resources or a Human Resources department designee. 2. If the supervisor or department director is the person accepting the complaint, he or she will notify the Director of Human Resources of the complaint. 3. Human Resources will begin coordinating and conducting the investigation process in a timely manner. A written statement will be requested of the complainant. 4. The City will provide an administrative response in a timely and reasonable. The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the harassment. 5. If the employee perceives the situation to be threatening, that employee may request authorization to use accrued Annual Leave, Leave Without Pay or a job transfer. Approvals will be determined on a case-by-case basis. 6. Disciplinary and/or corrective actions shall be imposed based upon the sevedty of confirmed harassment. 7. Confidentiality, to the extent permitted by law, shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. 8. Employees exercising their dghts by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation; however, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action. 9. Administrative operating procedures as determined by the Director of Human Resources for this policy shall be applicable. City of Boynton Beam 7 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 05. Violence in the Workplace The City of Boynton Beach maintains a zero tolerance policy toward workplace violence. ~'t is the intent of the City to provide a workplace free from intimidation, threats, or violent acts. 1. Violence, or the threat of violence, by or against any employee of the City of Boynton Beach is unacceptable and violates City policy, and will subject the perpetrator to serious disciplinary action up to and including termination, and criminal charges. 2. Possession, use, or threat of use, of a weapon, including any type of firearm, is not permitted at work, or on City property, including City vehicle, unless such possession or use of a weapon is a necessary and approved job requirement. 3. Any person who exhibits unusual behavior or makes threats, exhibits threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits, and shall remain off the City's premises pending the outcome of an investigation. 4. All City personnel are responsible for notifying a supervisor of any threats, which they have witnessed, received, or have been told that another person has witnessed or received. a. Even without an actual threat, personnel should report any behavior they have witnessed which they regard as threatening or violent. b. Failure to notify a supervisor of such activity will subject the employee to sedous disciplinary action up to and including termination, and cdminal charges. 5. No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment based upon their report. 6. The actions of a supervisor, manager, or other employee will be dependent upon the seriousness of the situation. However, consistent with personal safety, managers and supervisors have a responsibility to make a good faith effort to defuse violent or potentially violent situations as quickly as possible in order to prevent their escalation and creating a threat to others. 06. Drug and Alcohol Use The City of Boynton Beach does not tolerate illegal drug usage and drug or alcohol abuse. This prohibition includes the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in or away from the workplace. Any employee who violates this policy is subject to disciplinary action up to and including dismissal. (See Chapter VII.0]. Disciplinary Actions.) The City recognizes drug dependency as an illness and a major health problem. Consequently, it provides an Employee Assistance Program (F_AP) that offers short-term counseling and assessment and referral services to an employee or an employee's immediate family members. Drug and alcohol testing for employees will be performed in accordance with City policy and as required to meet Department of Transportation requirements. City of Boynton Beac~ 8 Effective Date: 03/01/98 Personnel Policy Manual Revisecl Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 07. Americans with Disabilities Act (ADA) The City of Boynton Beach as an employer has a responsibility to ensure that all applicants and employees are treated fairly in all aspects of employment, l~t is the policy of The City of Boynton Beach to provide a workplace free from unlawful discrimination in which all applicants and employees have equal opportunity in all areas of employment. To this end, it is the policy of the City to fully comply with the Americans with Disabilities Act (ADA). 08. Effective Date of Policies The original effective date of the PPM is March 30, 1998, as amended. City of Boynton Beaoh 9 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ZZ. EMPLOYHENT OZ. Types of Employees City employees are divided into two groups: contract employees and non-contract employees. ~.. Contract employees means either individuals hired by direct, Letter of Appointment, or individuals who are covered by a collective bargaining agreement. Senior management positions shall be hired by the City Manager by Letters of Appointment. Salary, benefits and other terms and conditions of employment shall be negotiated on an individual basis. The Letter of Appointment shall specify which provisions of the PPM apply to the employee. 2. Non-contract employees means employees who are not otherwise designated as contract employees. 02. Recruitment and Selection In order for the City to be operationally competitive with other governmental entities as well as the private sector, the recruitment and retention of qualified employees is of paramount importance. To achieve maximum efficiency the City must have the flexibility to fill vacancies through either promotion or outside hiring. Vacant positions shall be filled in the best interests of the City through recruitment, selection, and promotion of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Basic Requirements 1. Human Resources is responsible for the nondiscriminatory implementation of this policy. Each department is responsible for assisting the Human Resources Department with recruitment, interviews, tentative selections, and recommendations for appointment. Departments have no authority to modify or waive the provisions of the PPM. Human Resources has primary responsibility for hiring employees. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and should be indicated as such to the applicant. Any offers of employment made to an individual prior to obtaining all necessary authorizations shall not be binding on the City. City of Boynton Beac~ 1 0 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 10 11 12 13 16 17 18 21 24 27 28 31 32 35 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Ae Applications and Interviews 1. Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice, the official recruitment process has begun. The recruitment process may be withdrawn for any position by the Director of Human Resources. 2. Individuals desidng consideration for employment must submit an Application for Employment, or a resume to Human Resources. Employees are encouraged to submit applications for promotional opportunities. All applicants submitting a resume and granted further consideration shall complete an Application for Employment. Veterans preference will be given in compliance with current legislation. 3. Applications must be signed by the applicant. Falsification of any part of the Application for Employment or any related documents may,-upon discovery, lead to the denial of an application, withdrawal of an offer of employment, or dismissal of the employee. 4. All applications and resumes received by departments must be forwarded to Human Resources. 5. Applications for employment may be accepted by the Human Resources Department when there are current vacancies for a specified position. 6. When a vacancy occurs, previously submitted applications and resumes on file in Human Resources may be considered in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 7. Certain classifications may require applicable testing prior to being given consideration. Human Resources will administer tests required and ensure that passing scores are attained prior to forwarding an application to a department for consideration. 8. Human Resources shall advise the appropriate Department Head of the eligible applications. 9. Upon receipt of the eligible applications, the department should: a. Review and evaluate all applications and resumes based on, but not limited to relative qualifications, knowledge, abilities, skills, education, experience, and certifications or licenses required in accordance with current class specifications. b. Prepare an interview schedule and conduct interviews. Human Resources may assist in scheduling, contacting, or co-interviewing of applicants at the request of the department. c. Determine which candidate is most suitable for further consideration and proceed with additional interviews, if necessary. d. Determine that the applicant pool was sufficient prior to recommendation for employment. City of Boynton Beact~ 1 1 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 7 ~4 ~5 2O 2~ 22 23 24 25 28 2~ 32 33 34 35 38 3~ 4O 4~ 44 45 4~ 5~ 52 53 54 B. Selection, Reference Checks and the Recommendation Process 1. Once the interview process has determined suitable applicants, the department shall be responsible for checking references. No inquiry regarding criminal records, credit history or medical conditions shall be made at this step of the evaluation. 2. Human Resources may also conduct verifications regarding academic degrees, previous employers, character references. All information provided on the Application for Employment will be subject to verification as needed. 3. Once the results of reference checks and other verifications appear satisfactory, the department will be notified in order that processing may continue. 4. The department may then recommend an applicant for employment and submit the proper forms to Human Resources for processing. ;If the Department Director proposes a salary that exceeds the minimum of the posit, ion's pay range, written iu~fication must be included for consideration of the salary. 5. Upon receipt of a recommendation for employment and in conjunction with a tentative offer of employment, a pre-employment physical, which may include a drug test, for the applicant is then scheduled. Medical examinations must be satisfactorily passed to determine fitness to perform the duties of the position. At trois step of the hiring process, Human Resource, with the assistance of the Florida Department of Law Enforcement (FDLE) shall check the prospective employee for a criminal record and may obtain, following the requirements of the Fair Credit Reporting ACt, the prospective employee's credit. 6. After acceptance of an applicant's physica! examination and drug test results, criminal background check and credit check, if required, the Human Resources Oirecto~ may authorize proceeding with the hiring process. 7. [t is the City's intent to employ the most qualified applicant best suited for the position. Current employment with the City is a factor, but is not, in and of itsetf, determinative or controlling. C. Employment Acceptance 1. Employment acceptance must be made by the applicant within three (3) workdays of the departmenCs employment offer, unless otherwise extended by Human Resources. If employment acceptance is declined, the department may consider another applicant from the recruitment's applicant pool, or the department may choose to begin a new recruitment. Employment Procedures shall be followed in either case. 2. The department must notify Human Resources of the tentative hire date. New employees must provide proof of work eligibility and verification of identity to the City. Human Resources will forward the necessary employee paperwork to the Finance Department for payroll purposes. D. Orientation Human Resources shall schedule and conduct a general orientation program for all new employees to explain the City's history and organization, to complete benefit program enrollments, and to stress the use of safe work practices. City of Boynton Beach 12 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 23 24 25 2~ 27 28 2~ 3O 33 34 35 3~ 37 38 3~ 40 4~ 42 43 44 45 4~ 47 48 4~ 50 03. Employment of Relatives An employment decision that results in the hiring of a relative of another City employee must be in compliance with the Florida state law on nepotism. This policy is intended to eliminate hiring practices that result in conflicts of interest, favoritism or the appearance of impropriety. A. No person may be hired into the same department in which he/she has an "immediate family" member working if one supervises or evaluates the other. No person may be transferred into a department in which he/she has an "immediate family" member working, if one supervises or evaluates the other. Provisions of this Policy will not affect persons employed and assigned at the time this Policy goes into effect. Persons becoming husband and wife while working within the same department may not both continue their employment in the same department, if one supervises or evaluates the other. D. The provisions of Florida Statute 112.3135, regarding nepotism shall control over any provision of this Policy. 04. Hours of Work Hours of work will be determined by Department Heads, subject to the approval of the City Hanager and shall: A. be determined in accordance with the needs of the City, and B. take into account the reasonable needs of the public who may be required to do business with various City departments. 05. Personnel Znformation / Employee Files The official personnel file of each employee is maintained in Human Resources. All documents in the file, with certain exceptions, are subject to the Florida Public Records Law that requires information in the file be made available for review upon request. Documents/information exempted by this Law (with some exceptions, such as a Court Order) are: · Social Secudty Number · Medical information · Benefit Information · Home Address and telephone number of sworn Police and Fire employees, inspectors, other employees designated in F.S. 119.07 and Human Resources employees. Spouse's work and children's school addresses and telephone numbers of these employees Employees must notify Human Resources in wdting, within twenty (20) days, whenever they have a change of address or telephone number, or a change in the name, address or telephone number for their emergency contact. City of Boynton Beaoh 1 3 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 ~ 06. Probationary Period 3 In order to determine that each employee is placed in a position most likely to result in a 4 successful career at the City, all newly hired or promoted employees shall be required to ~ complete a probationary period. ~ New Hire (Full-time): 9 Each new full-time employee must successfully complete a probationary period of twelve t ~) months from the date of hire. t ~ Promotion from Part-Time to Full-Time: 14 Each promoted employee must successfully complete a probationary period of twelve months t ~ from the date of promotion. 17' Upon successful completion of the probationary period, the probationary employee will be t~ considered a regular employee. ~) Promotion to a Higher Graded Position: 22 Each promoted employee must successfully complete a probationary pedod of six months from 23 the date of promotion. Not~. Applicants for promotion must have been in their current position ~ for a minimum of six months and have a Meets Standards or higher performance rating. ;~ Transfer to a different position, whether in the same or a lower grade: 28 Each transferred employee must successfully complete a probationary period of six months 29 from the date of transfer. Probationary employees, whether in their first year as an employee or 30 in their six-month promotional probationary period have no property entitlement to their 31 position. 32 City of Boynton Beac~ 14 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01103 1 2 5 6 7 8 9 10 11 t7 2O 2~ 22 23 24 27 3O 3~ 34 35 3~ 37 38 3~ 42 43 44 45 4~ 47 48 4~ 5O 5~ III. COMPENSATION 01. Overtime Overtime pay for non-exempt employees may be given only for authorized or directed time worked in excess of 40 hours. Some sworn positions in the Police and Fire Departments may differ. Overtime will not be granted for less than a fifteen (15) minute period. In calculating overtime, only actual hours worked shall be counted. Provisions of the Fair Labor Standards Act shall be applied to resolve all overtime issues. 02. Callback and On Call Callback Callback is an unscheduled or emergency return to work outside of officially scheduled work hours or on a holiday or day off at the request of a Department Head. This is not overtime or holiday work scheduled in advance and regularly recurring call to duty. Any employee who has physically left work (punched out, etc.) and is called back to work by his/her Department Head or the Department Head's designated representative for an, ,n,ched, derl or ~rn~,r?nry assignment, shall be compensated for two (2) hours of call back pay, plus the time worked in excess of the first fifteen (15) minutes. On Call To provide for after-hour service needs, some operations w(thin the C~'y may designate non- exempt employees to be on-call. Restricted on-calh time spent on or away from City premises under conditions which prevent the employee from using the time for personal activities. All such time in readiness is considered time worked. Unrestricted on-call: all time after regularly scheduled working hours when an employee is designated to be available for call-back. The employee is free to pursue personal activities but must respond to pager or cellular phone contact within designated guidelines set by the department head. This is not considered time worked. If called back, however, call-back compensation will be paid. 03. Compensatory Time An employee eligible for overtime may be granted compensatory time off at the same rate it was earned (i.e., straight time for straight time, time and one- half for time and one-halt'). Compensatory time can be earned, accumulated, and used, with the Department Head's approval or direction, in accordance with the Fair Labor Standards Act. The choice of whether to grant overtime pay or compensatory time rests solely with management and depends on the most efficient and economical delivery of services. City of Boynton Beactt 15 Effective Date: 03101/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 5 6 11 12 13 ~17 ~8 2O 2~ 22 23 24 25 2~ 2~ 3O 3~ 34 35 36 37 38 3~ 40 4~ 42 43 44 45 4~ 47 48 04. Demotions / Transfers DemoUons Transfer of an employee from a higher graded position to a lower graded position may be initiated by the employee or by the City as part of a departmental restructuring or realignment of responsibilities for failing to meet standards of performance. Transfer Employees transferring from one position to another in the same pay grade, whether in the same for in a different department will maintain the same pay rate. 05. Zncentive Pay System The City of Boynton Beach has established the l:ncentive Pay System to motivate and reward employees according to their job performance and contributions toward the accomplishment of major objectives. The purpose of the system is to promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and ability for absorbing more responsibility. All employees should be continually working towards the mission, goals, and objectives of the City. Incentive pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent years. See F.S. 166.021(7). Eligibility Regular budgeted employees, both full-time and part-time, who have successfully passed their probationary pedod are eligible for this program. 06. Bonus Awards In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of $500.00 when such a bonus is justified, in wdting, by the Department Head. This bonus will not affect the employees pay grade or pay rate. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entiUed to bonus money and only one bonus will be allowed to an employee in a fiscal year. This approach is a system where the immediate supervisor and Department Head can recognize top performance and reward the employee promptly. Incentive pay and bonuses may not be included in the employee's base pay and may not be carded forward in subsequent years. See F.S. 166.021(7). City of Boynton Beac~ 16 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 0:7. City Manager Tncentive Program All submittals for incentives must be done as part of a team and the submittal must be approved by the team's supervisor. The pool for funding this program will be limited to $15,000.00 per fiscal year and the amount of any single program will be limited to $1,000.00. Employees are encouraged to be as creative as possible, while at the same time keeping the effort simple. l~ncentive payments will be considered for the following type of activities (although they are not limited to just these type of activities): · Customer service improvements. · Cost efficiencies (savings). · Improvements in operations. · Productivity enhancements. · Expanding hours of operations. · Doing work in-house rather than engaging a consultant. Incentive applications will be accepted by the City Manager's office, commencing September 30~ of each year, for award at the last City Commission meeting in December. ]:ncentive pay and bonuses may not be included in the employee's base pay and may not be carried forward in subsequent years. See F.S. :~66.02:~(7). City of Boynton Beact~ 17 Effective Date: 03/01198 Personnel Policy Manual Revised Date: 08/01/03 1 2 5 6 7 8 9 10 11 12' 13 14 15 1'6 17 18 21 22 23 24 25 2~ 27 28 29 3O 3~ 32 IV. BENEFZTS 01. Legal Holidays Unless required to be on regular duty, Legal Holidays to be observed by the City's employees are New Year's Day, Hartin Luther King, .Ir. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day and other days as specifically designated from time-to-time by the City Commission. The City Manager and City Commission reserve the right to declare these and any other holidays on a date designated by them. The declared date does not necessarily have to be on the traditional holiday, but on a date that meets the best interest of the City. Full-time employees shall be compensated for legal holidays. Hourly rate employees must work their regular workdays immediately before the after the holiday in order to receive pay for the holiday, or be in an authorized with pay status immediately before and after the holiday. Part- time, temporary, and emergency appointed employees are not eligible for holidays with pay. 02. Vacation Leave Each full time employee shall earn vacation leave at the rates shown in the scheduled outlined below. The number of day/hours credited per year will not increase after the 20~ year of service unless the schedule is amended. In computing vacation leave, no vacation leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. A regular employee shall, upon termination of employment with the City, be paid for unused accumulated vacation leave. Employees on their initial one-year probation are not eligible to take vacation loc ~ first six months of employment. Employees who end their employment with the City within the first six (6) months of employment, are not eligible to be paid for any accrued vacation time. VACA'~_ON A('C~U~L PO~TCY (Based on 40 hour work week) Years of Service Vacation Hours 1 Year 2 but less than 5 5 years but less than 10 10 years but less than 20 20 years and after 48 96 120 136 160 33 34 Employees may accrue vacation leave to a maximum of the leave earned in the most recent 35 two employment years. Vacation leave accrued during October I - September 30 may exceed 36 this stated policy, however, any amount over the allowable maximum that has not been used 37 during that October 1 - September 30 will be forfeited as of September 30 of that fiscal year. 38 39 Employees who were covered by the vacation accrual and sick leave payout policies in effect 40 prior to 1991 will continue to be covered by those schedules. 41 City of Boynton Beact~ 18 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 -16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 03. Sick Leave with Pay Sick leave with pay shall be granted to regularly employed full time employees, including employees serving a probationary period on an original appointment, at the rate of one workday for each completed month of service (96 hours/year). Such leave shall be computed on an employment year basis. Sick leave pay will be paid at the same rate as a regular workday. Unlimited accumulation of sick leave is authorized. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal quarantine because of exposure to contagious disease'. The following hours per year may be taken for the illness of an immediate family member(spouse, child, parent): · Up to 40 hours per year may be taken for regular 40 hour weekly employees · Up to 72 hours over year for Fire shift employees · Up to 57.5 hours for regular Police ~.1.5 hour shift employees In the case of a prolonged, catastrophic illness within the family, an employee may take additional family sick time only if approved by the Department Head, the Human Resources Director and the City Hanager and a doctor's letter must be submitted. If the reason for the leave is covered by the Family and Medical Leave Act policy, family sick leave my be extended, but not to exceed twelve weeks in a rolling twelve month pedod. See PPH IV.07. Sick leave will not be granted if it falls on regular days off or on a holiday. l~n order to be granted sick leave with pay an employee must meet the following conditions: A. Notify his/her immediate supervisor at least one (:i) hour before ~e beginning of the scheduled workday of the reason for his/her absence. B. For medical examination, treatment or evaluation of non-elective, necessary medical procedures. C. File a wdtten request for sick leave on the form and in the manner to be prescribed. D. For absences of more than three (3) consecutive workdays, sick leave must be documented by a doctor's certificate explaining the absence and/or unfitness for duty. the case of extended absences, four days or more, it is the duty of the employee to contact their Supervisor or Department Hanager on a weekly basis until they are cleared for return to work. The City reserves the right to require an intedm doctor's certificate/report during the employee's extended absence. E. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. F. No sick leave will accrue for any week in which the employee is not in a paid status for 24 or more hours. G. In computing sick leave taken, all employees shall be charged one-hour sick leave for each hour not worked because of illness. City of Boynton Beactl 19 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 3O 3~ 32 33 34 35 38 3@ 4O 4~ 42 43 44 45 4~ 47 48 4@ Ho Regular employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account. Requests must be made to the Department Head by the employee, who in turn must notify the Human Resources Director on the prescribed form. Claiming sick leave when physically fit shall be cause for discharge. All regular employees (or their beneficiaries in the case of death) will have payment made for unused sick leave at the rate specified in the table below, upon resigning, retirement or death. (Retirement shall include normal retirement, disability retirement or early retirement as defined in the appropriate Pension Plan.) Continuous Years of Service Percent of Accumulated Sick Leave Less than 5 full years More than 5 full years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from the City 0% 10% 15% 20% 30% Employees may return to work with a Ught Duty Certificate and/or letter from their physician provided there is work available within the City that would comply with the doctor's requirements. If there is no such work available the employee will remain on sick leave or workers' compensation status until receiving a full release to return to work from his/her doctor. 04. Bonus Days This policy establishes a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. A. All full time Qb/employees covered by this policy are eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the employee has not used sick time (including family sick) during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. City of Boynton Beac~ 20 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 05. Leave With Pay Jury Duty/Witness Fees: All pay granted under this section must be approved by the Department Director. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Department Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. Military Leave: Reserve Training: All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute ].:~5.07-to seventeen (17) calendar days with pay each year in order that these employees may fulfill their military obligations. Fire department shift personnel will be granted a maximum of nine (9) shift days. Active Duty: All employees who are reservists ar~l are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution, l~f an employee has dependent insurance coverage, the Finance Department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsiDle for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction. Continued Service: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee with continue to accrue service for purposes of seniority and pension eligibility Disability: Employees who are in a disability status will have their positions held for a maximum of six months from the date of injury or illness. If the employee cannot return at the end of the six months, they will be placed on a re-employment list for a maximum of two years. ]~f they are able to return to work after they have been p[acecl on a re-employment list, they may apply for a comparable position subject to availability, for which the employee meets the qualifications. Cib/of Boynton Beac~ 21 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Workers' Compensation: Whenever an employee is totally disabled from duty for a pedod of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her worker's compensation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director will review the case for a determination of pay status. continuation of the salary supplement is granted it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. :In no case will the salary supplement be greater than six (6) months withi~ an 1_8-month period commencing with the date of injury or illness. After six (6) months of supplemental pay within an 18 month period, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular houdy wage, to the extent that his/her combined sick leave or vacation leave, City supplement (if less than the full amount authorized) and workers' compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to quality for the combined check. It is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the additional City salary supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration ouUined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere during this period, he/she will be required to reimburse the City for all medical expenses and supplement sick or vacation pay taken and be subject to dismissal. Companionate Leave: In the event of the death of the mother, father, child, foster parent, foster child, brother, sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law of a regular employee, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive workdays for any one death. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, five (5) consecutive workdays shall be allowed. Employees must submit proof of death in order to be eligible for this article. The City Manager may grant additional leave under this section when he/she deems it appropriate. City of Boynton Beaoh 22 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Management Authorized Leave: With the approval of the City Manager, a department head may grant an employee authorized leave with pay where that employee is going to represent the City while attending an event, meeting or seminar. Attendance at the event, meeting or seminar shall be determined to be an activity that serves the best interest of the City. Authorized Training Leave: Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (Reference: V. PROFESSIONAL DEVELOPMENT, 01. In-Service Training) A. Leave is requested by the employee's department head and approved by the City Manager. When leave is granted, the Human Resources Director shall be promptly notified of the reason for the leave, the course work to be completed, and the probable date of the employee's return to duty. B. Leave shall be for time required to complete the course. In no event shatt any leave be approved or granted under this rule except where there are adequate, unencumbered funds available in the departmental budget which are sufficient to cover the cost of such training. 06. Leave Without Pay A regular employee may be granted leave of absence without pay for a period not to exceed six months for sickness, disability or other good and sufficient reasons that are considered to be in the best interest of the Qty. Requests must be in writing. A leave of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. A leave of absence in excess of 30 calendar days must be approved by_the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all their benefit premiums, e.g., insurance, etc. Leave of absence without pay will not be granted in order to accept employment with another employer. If granted, leave of absence without pay may subsequently be withdrawn and the employee recalled to service. All employees on leave of absence without pay are subject to applicable provisions of these rules. There will be no accrual of sick leave, vacation leave or seniority during a leave of absence without pay exceeding 30 days City of Boynton Beacl~ 23 Effective Date: 03101/98 Revisecl Date: 08/01/03 Personnel Policy Manual 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2~ 3O 3~ 32 33 34 35 38 4~ 42 45 46 47 48 4~ 50 5~ 07. Family and Medical Leave Act Family and Medical Leave Act (Federal Government Family and Medical Leave Act of :1993). A. EntiUement Employees of the City, including key employees except where expressly excluded, who have worked for the City for at least 12 months and have worked at least :1250 hours during that time may be entitled to a total of 12 weeks of unpaid medical leave during any :12 month period, commencing from the first date of the leave period, when leave is taken for one or more of the following: · Birth of a child of an employee and to care for the child: · The placement of a child with an employee for adoption or foster care. (Foster care requires state action.) · To care for the spouse, child or parent of an employee, but not a parent "in-law", if the family member has a sedous condition; or · The employee is unable to perform the functions of the position, because of the employee's own sedous health condition. The employee's entitlement to leave for birth, adoption or foster care. expires at the end of ~ 12-month period beginning on the date of the birth or placement. Employees granted FMLA leave are required to use all accrued paid leave and sick time while on FMLA leave. Employees are entiUed to use vacation time dudng an FMLA leave for days not covered by accrued leave or sick time. B. Continuation of Benefits The City shall continue group health plan coverage for employees on FMLA leave for the duration of the eligible employee's leave. Coverage shall be provided on the same level and under the same conditions that coverage would have been provided if no leave ad been taken. A~ employee on FMLA leave without pay shall pay any dependent coverage and ~ premiums normally paid. Such payment is due in Human Resources by the 25th of each month. In the event that an employee fails to return to work alter the pedod of leave expires, the City may recover any premiums the City paid for coverage dudng the leave pedod. Such recovery can be taken from any benefits or wages owned by the city to the employee. Should the employee fail to return due to the following circumstances the City will not attempt to recover such premiums: · Continuation, reoccurrence or onset of an employee's own sedous health condition or that of a family member. · Due to circumstances beyond the control of the employee. The employee is required to provide the personnel department with wdtten certification, from the employee's or family member's health care provider, substantiating 1 and/or 2 above. Failure to retum within 30 calendar days of the agreed upon date and provide the above certification may result in termination and the City may recover premiums paid. City of Boynton Beac~ 24 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 ~ C. Definitions ~ k'? I=MP/nV~l=C;: Saladed employees who are among the highest paid 10% of all employees. 5 F&MT_LY MFMRI::I~: Includes spouse, parents, son and daughter. The term spouse means current 6 husband or wife as recognized under state law for purpose of marriage. The term parent means 7 the biological parent or individual who stands or stood in Ioco parentis (in the place of a parent) 8 to an employees when the employee was a child. This term does not include parent "in law". The 9 term son or daughter means biological, adopted or foster child, stepchild, legal ward, or a child of 10 a person standing in Ioco parentis, who either under age 18, or age 18 or older and incapable of t ;~ self care because of a mental or physical disability. 13. SpOU~_F~;: employed by the City are jointly entitled to a combined total of 12 weeks of family 14 leave for the birth, adoption or foster care of a child or the care of a child or parent who has a t~ sedous health condition. 17 ~ $1=1~T¢31 i¢, H_FAI TH CI'3Nr31T~_ON: is an illness, injury, impairment, physical or mental condition ~ that involves: 20 · Incapacity or treatment connected with inpatient care at a hospital, hospice or residential 21 medical care facility involving an overnight stay. 22 · In capacity requiring the absence of three calendar days from work that involves 23 continuing treatment or supervision of a health care provider. 24 · Continuing treatment by a health care provider for a chronic long term health condition 25 that if not treated would likely result in a period of incapacity of more than 3 calendar D. Requiremen~ 30 An employee requesting FMLA leave shall explain, in writing, to Human Resources the reasons for 31 the need for such leave. The employee shall give, when foreseeable, 30 days advance notice of 32 the need for FMLA leave. The City may request as much substantiating documentation from the 33 employee as it feels necessary to make a determination as to whether the reason for the request 34 qualifies under the act. The Human Resources Director and the Department Director, after careful review, shall forward a recommendation to the City Manager. WN~=N ~FAVE To; I~EQU~cn'E_n the employee must provide, in writing, a medical certification 38 stating the condition and the need for leave from the employee's or family member's health care 39 provider within ten (10) days of the written request for leave. A CERTIFICATE OF PHYSICIAN OR 40 PRACTTr[ONER FORM WH-380 shall be required from a qualified health care provider for any 41 medical reason cited by the employee. The City may not request additional information from such 42 provider but may require the employee to obtain, at the City's expense, a second opinion. The 43 City shall designate the health care provider to furnish such second opinion. If the two opinions 44 conflict, the City may require the employee, at the city's expense, to obtain certification from a 45 mutually agreed upon third health care provider who's opinion will be final. This certification will 46 be treated as a confidential medical record and the information will be disclosed only as required by law. 49 iN-i-FI~N1T-I-rl:NT ~1~ I~FI'31_II'F:~ (:;('1-11:!')1 II I= I I:~/F: When medically necessary, intermittent or 50 reduced schedule leave may be taken due to an employee's own sedous health condition or that 51 of a family member. Intermittent or reduced schedule leave is not available for the birth or 52 placement of a child. City of Boynton Beach 25 Effective Date: 03/01/98 Revised Date: 08101/03 Personnel Policy Manual 1 2 3 4 5 8 9 10 11 2O 2~ 24 25 2~ 27 3O 33 34 35 3~ 37 40 4~ 42 4~ 5O 52 53 5~ 55 Employees seeking intermittent or reduced schedule leave based on planned medical treatment are required to produce certification outlining the dates on which treatment is expected and the duration of the treatment. Employees are expected to make a reasonable effort, subject to the health care provider's approval, to schedule treatment so as to not unduly disrupt the City's operations. Employees are required to give the City, through the personnel department thirty (30) days notice or as much notice as is practicable of their intentions. In the event an employee requests intermittent or reduced scheduled leave due to a family member's or the employee's own serious health condition, the City may elect to temporarily transfer the employee to an available alternative position, with equivalent pay and benefits for which the employee is qualified and which better accommodates the City's needs and that of the employee. E. Notice No'r~_cE I:nOM Fi TGTR/t AND ~? ElVlDLOVtt¢;: A minimum of thirty (30) days advance notice of an employee's intent to take leave is required when it is foreseeable due to: · The expected birth of a child. · The expected placement of a child for adoption or foster care. · Planned medical treatment for child, spouse or parent with a serious health condition. · Planned medical treatment in the case of the employee's own serious health condition. If leave has to begin in less than thirty (30) days as a result of one of the above referenced circumstances, the employee must provide the City, through Human Resources, with as mush advance notice as is practicable. Notice must be provided in writing to Human Resources. In the event notice is NOT given in these circumstances, the employee will be considered to have taken "unauthorized leave" and will be subject to appropriate disciplinary action. NO'~rF tDn_M TNt r__T"rV Tn_ K~' tMPLOYtF~: The City shall notify a key employee before leave is taken if economic injury is foreseen at the time. RFCFDTT~CATTnN: An employee who has taken leave because of the employee's own serious health condition or that of a family members is required by the City to obtain subsequent written re-certification of that medical conditions every five (5) weeks dudng the duration of the condition. In addition, employees on FMLA leave are required to report every 2 weeks, in writing on their status and the intention of the employee to return to work. Failure to report as stated above may subject the employee to disciplinary action for unexcused absence. RETNs-r~'n=MENT: Eligible employees other than key employees, who comply with all provisions of this policy and who return from FMLA leave will be returned to the job position held prior to the leave, or may be placed, at the discretion of the City, in an equivalent position with equivalent benefits. THt C'__'['rY MAY I")FNY 1. Denial is necessary to prevent "substantial and grievous economic injury" to the employer; 2. The City notifies employee of its intent: to deny restoration on that ~sis at the time the City determines that such injury would occur and after being notified, the employee elects not to return. The City shall not deny the employee the opportunity to take leave (i.e., must notify the employee after the leave is requested but before the leave is taken, if economic injury is foreseen at that time) and, if the employee already is on leave when the notice is given, the city shall give the employee an opportunity to return to work. City of Boynton Beaoh 26 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 7 ~0 ~3 ~4 ~5 2O 2~ 22 25 2~ 27 28 2~ 3O 3~ 32 33 34 35 38 3~ 4O 4~ 42 43 44 45 4~ 47 50 5~ 52 While on leave eligible employees will retain all accrued benefits. An employee will not accrue any additional benefits dudng FHLA leave (vacation, longevity, seniority, sick, etc.). Reinstated employees are not entiUed to any right, benefit or position of employment other than any to which they would have been entiUed had they not taken the leave. Prior to reinstatement an employee whose leave was based on the employee's own serious health condition is required to provide, in writing, to the personnel department a certification from the employee's health care provider that the employee is able to return to work. 08. Longevity Benefits The City provides benefit incentives to long-term employees, to give recognition for continuous and meritorious service. Longevity benefits are available within these guidelines. Eligibility Employees eligible are those employees who: A. Have been employed with the City on a regular full-time and con~nuous basis for a minimum of five (5) years, B. Have an overall 'Meets Standards' or above rating on the previous employee evaluation, Benefit Employees On On On On On On On On will receive a Lump Sum Bonus as follows: the employees fifth (Sm) anniversary a lump sum payment of $500.00. the employees tenth (10m) anniversary a lump sum payment of $I,000.00. the employees fifteenth (15~) anniversary a lump sum payment of $1,500.00. the employees twentieth (20m) anniversary a lump sum payment of $2,000.00. the employees twenty-fifth (25m) anniversary a lump sum payment of $2,500. the employees thirtieth (30m) anniversary a lump sum payment of $3,000. the employees thirty-fifth (35m) anniversary a lump sum payment of $3,500. the employees fortieth (40m) anniversary a lump sum payment of $4,000. Procedure~ 1. Any pay earned for Longevity Benefits is subject to pension plan contribution and required federal deductions. 2. Each Department Director is responsible for projecting the number of employees eligible for Longevity Benefits in their department and budget accordingly for each fiscal year. 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment pdor to their hire anniversary date will not be entitled to longevity benefits. DROP Plan Participants Participants in any of the Deferred Retirement Option Pb3ns (DROP) are considered to have retired, do not add to the total years of service they had accrued upon entering the DROP plan, and are not eligible for a longevity bonus. City of Boynton Beaoh 27 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 3 4 5 09. Retirement Benefit Procedures for retirement and the benefits available to employees in conjunction with retirement are as set forth in the pension plan applicable at the time of retirement. City of Boynton Beacl~ 28 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 6 7 8 9 10 11 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40 41 42 45 46 47 48 49 5O V. PROFESSZONAL DEVELOPMENT 01. Tn-Service Training Any employee may be accorded leave with pay to attend an authorized program, provided that such training will considerably improve the employee's job knowledge and substantially increase his/her efficiency. (Reference: ~/. Benefits, 05. Leave With Pay, G. Authorize Training Leave) 1. In the event the course is not successfully completed, employees granted leave under this rule shall reimburse the City for one-half the cost of such training course. 2. If the employee leaves the City service within one (1) full year alter completion of such training, he/she shall reimburse the City for the total cost of such training course if the City Hanager requires. 02. Tuition Assistance Full time employees who have completed their one-year probation and who are not-union members are eligible to apply for tuition reimbursement. Part-time and temporary employees are not eligible to receive tuition assistance. Employees must maintain a minimum rating of "meets requirements" or comparable rating in overall performance reviews in order to remain eligible for tuition assistance. Bargaining Unit contract articles covedng tuition reimbursement may or may not have the same benefits as this policy. Employees may receive full details of the program and apply for reimbursement through the Organizational and Strategic_Development Department. Employees who voluntarily leave their employment with the City or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 12-month pedod pdor to their termination date, and 50% of the tuition assistance received during the 24 month period pdor to their termination date. 03. Employee Technical Certification Employees may apply to attend training classes in a program leading to a technical certification by completing the appropriate application form and by obtaining the approval of their supervisor and department director. Acceptable programs must relate to the department's goals and objectives. Approval will be subject to Department Director discretion and funding availability. Application to attend classes, workshops or seminars leading to a technical certification must be submitted at least 60 days before the start of the program. Employees may take classes at an accredited college, university, approved training center, seminar, conference, vocational school, and/or approved on-line course or through an approved distance learning institution. Employees who voluntarily leave their employment or are terminated for cause will be required to reimburse the City for tuition paid in the preceding 24 months at 100% for the most recent Cib/of Boynton Beach 29 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 8 9 10 11 12 ~.2 months and 50% of tuition paid in the second 12 months for any classes resulting in a technical or vocational certification, l~f not reimbursed by the employee, funds will be deducted from any final payout due the employee at time of termination. Specific requirements regarding expenses, forms, written reports, testing and time limits are detailed in Administrative Policy 04.01.04. This policy applies to employees who are not members of a collective bargaining unit who acquire technical certification in any area that exceeds the sum of $500.00 tuition cost per year. Employees who are bound by a union contract will follow the provisions laid out in their contract. City of Boynton Beac~h 30 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 2~ 2~ 3O 3~ 32 33 3~ 37 38 3~ 40 4~ 42 43 4~ 47 48 4~ 5O 5~ 52 V~. D[SC~PL~NE 01. Disciplinary Actions The City of Boynton Beach is committed to recruit, train, and retain, qualified employees who will contribute to the City's mission. The success of City government in providing quality and efficient public services directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. ];n proper cases, dismissal may immediately occur. No employee shall be disciplined or discharged without reasonable cause. 1. Counseling and wdtten reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the City and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the dght and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. The level of misconduct may differ in individual cases from apparently simi{ar inddents. The City retains the dght to treat each occurrence on an individual basLs without creating a precedent for situations that may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the City, but are to be used as a guide. 4. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to Human Resources, shall serve as grounds for disciplinary action. Examples of Iqisconduct The following represents employee noncompliance with rules, regulations, policies, practices or procedures of the City or are prohibited by law. Each incident shall be considered on a case-by- case basis. City of Boynton Beach 31 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 7 8 9 10 11 ~4 ~5 ~7 20 2~ 22 23 24 25 2~ 27 3O 3~ 32 33 34 35 36 37 38 3~ 40 4~ 42 45 4~ 47 48 4~ 5O 5~ Misconduct Infractions for Misconduct require corrective action. The discipline for Misconduct infractions is normally: :t~ Infraction - Written Counseling 2'* Infraction - Written Reprimand 3~ Infraction - Written Reprimand and Suspension Without Pay 4m Infraction - Dismissal Examples of Misconduct include, but are not limited to: · Conduct unbecoming of a City employee · Abuse of sick leave privileges, sick leave policy or excessive absenteeism · Failure to notify Department and/or Human Resources of current address and telephone number within ten (10) calendar days of change · Failure to report any outside employment · Poor quality of work · Failure to provide name and official title to any person requesting same when performing work related duties · Abuse of personal privileges, including the extension of lunch or break periods · Abuse of attendance policy, including late for work without reason or not calling in as required, one (1) hour pdor to an absence · Smoking in prohibited areas · Unauthorized solicitation, posting of material, or non-productive behavior · Loitering · Inattention to job duties All types of Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Nisconduct infraction has occurred, any subsequent Misconduct infraction will result in the next level of disciplinary action. Misconduct ~.~ and 2~* infractions will expire, with regard to the progressive nature of this policy, :~2 months from the date of issue, but will remain in the employee's file. Once an employee has progressed to a 34 Misconduct infraction - Suspension Without Pay, another Misconduct infraction within ~.2 months of the date of issue for the 34 infraction will normally result in dismissal. If sedous misconduct or extreme misconduct has occurred previously, there will be faster progressive action. Performance Improvement Plan Employees who receive a Wdtten Reprimand with a Suspension and employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating of less than 2) shall be placed on a Performance Improvement Plan. The purpose of Performance Improvement Plan is to monitor employee performance, with an evaluation of performance being made every 30 days. The employee must demonstrate immediate and sustained improvement in their performance throughout the 90-day evaluation period or face dismissal. It is the responsibilih/ of each employee to perform at a minimum level of "Heets Standards". Cib/of Boynton Beac~ 32 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08101/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3g 4O 4~ 42 43 44 45 4~ Serious Misconduct Infractions for Serious Misconduct are serious in nature, but the first infraction, by itself, may not be grounds for termination. The discipline for Serious Misconduct is normally: Infraction - Written Reprimand and Suspension Without Pay Infraction - Dismissal Examples of Serious Misconduct include, but are not limited to: · Disregard of safe work procedures · Inappropriate use of City resources, time or equipment · Inappropriate or disorderly conduct · Haking offensive remarks; use of abusive, profane or sexually graphic language · Failure to work required overtime assignments, spedal hours, special unavailability dudng stand-by status shifts or All types of Sedous Misconduct will be cumulative to determine the appropriate disciplinary steps. Once a Sedous Misconduct infraction has occurred, any subsequent Serious Misconduct infraction will result in the next level of disciplinary action. Once an employee is issued a Wdtten Reprimand for Serious Misconduct, they are ineligible to receive a salary increase (including [ump sum payments), promotion, or to apl~Y for jobs within the City for a pedod of 12 months. Sedous Misconduct infractions will remain active, with regard to the progressive nature of this policy, for the duration of employment with the City. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. Extreme Misconduct Infractions for Extreme Misconduct are very serious in nature and normally result in immediate dismissal without pdor warning, Examples of Extreme Misconduct include (but are not limited to): · Failure to report an on-the-job injury or accident within 24 hours to immediate supervisor · Supervisor's failure to report an employee's on the job injury to PJsk Management within 24 hours and/or completion of necessary documentation · Violent acts or threats of violence · Operating a City vehicle or equipment without a proper and valid driver's license. · Job Abandonment City of Boynton Beach 33 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ 3O 3~ 32 33 34 35 36 37 38 3~ 40 4~ 42 43 44 45 4~ Insubordination Possession of a firearm or concealed weapon on City property or while 3erforming official City duties, (excluding law enforcement officers) Gambling dudng work hours Suspension or revocation of any required job-related licenses or certifications. Disruption of the workplace Willful spoilage, destruction or waste of city property or resources Unauthorized personal use of City equipment or funds Conducting personal and/or private business on City time; improper use of City time for such activity Violation of City security regulations and policies Theft or removal of City property without proper authorization Falsifying documentation Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter :[7.2, Flodda Statutes Giving false information, or failure to fully cooperate or provkJe full, b'uthful information in City initiated investigations Possession, use or sale of illegal drugs, alcohol or prescription medication w~ich alters the employee's performance on the job; or any confirmed positive drug test Possession or use of alcohol while on duty; or reporting to work under the influence Refusal to submit to a City required drug or alcohol test Falsifying or attempting to falsify a City-ordered drug test Violation of the City's Harassment policy Conviction of a felony (including non-work related) Unauthorized disclosure of confidential information 1. When an immediate supervisor becomes aware of evidence of the need for employee discipline, they become responsible and shall investigate the circumstances, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. Afl_mini _~-'tr~fiv~ Deview. Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police Department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. City of Boynton Beach 34 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~6 17 18 19 20 21 22 Crirninml Tnum~rigmfion$' Investigations conducted when criminal violations are reportedly committed by any employee of the City. These investigations shall be conducted by the Police Department, in collaboration with the Department Director of the involved employee. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of the disciplinary action. The immediate supervisor may initiate up to a three-day suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued; so that the matter can be investigated at once. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay pedod shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. 25 ].. Counseling - Consists of the immediate supervisor warning b~ empJo'yee to correct or 26 improve performance, work habit, or behavior, and counseling the employee on 27 improvements expected. A Counseling Memorandum must be completed by the 28 supervisor, and the employee is required to sign the Counseling Memorandum signifying that 29 they have read and discussed the contents with the supervisor. The signed Counseling 30 Memorandum must be forwarded to Human Resources for retention in the employee's 31 records, with a copy provided to the employee. The supervisor may request that the employee 32 complete a written action plan to correct the behavior. Employees may submit comments for 33 inclusion in the record. 34 35 2. Written Reprimand - Consists of an immediate supervisor issuing a written notice of 36 reprimand, including a complete description of the incident(s) of misconduct and a warning 37 that future violations will result in further disciplinary actions up to and including dismissal. 38 Wdtten reprimands must be signed by the employee to acknowledge receipt and forwarded to 39 Human Resources for retention in the employee's records, with a copy provided to the 40 employee. Employees may submit comments for inclusion in the record. The employee may 41 be required to complete a Performance Improvement Plan for correction of the behavior. 42 Written reprimands should be reflected on the employee's performance evaluation along with 43 any noted improvements. 44 45 46 47 48 City of Boynton Beact~ 35 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3. 3 4 5 6 7 8 9 10 11 1'2 13 14 15 -16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Suspension Without Pay - Consists of an employee being prohibited from returning to work until the specified pedod of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to misconduct or unlawful behavior, or when instances of progressive discipline support a suspension without pay for a specified period of time. Any time an employee is suspended for discipline, the suspension shall be without pay. With the wdtten authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three working days or less. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. Employees being suspended without pay shall be notified in wdting by the immediate supervisor. The wdtten notification shall consist of the reason for the action and the duration of the suspension without pay. ]:t shall also include a statement that future violations will result in further disciplinary actions up to and including dismissal. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the wdtten notification, and forwarded to Human Resources for inclusion in the employee's records, with a copy provided to the employee, the Department Director, and one to the Finance Department for payrotl purposes. Dismissal - Dismissal is a result of an employee's involuntary termination which severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. immediate supervisors must supply thorough documentation and discuss recommendations for an employee's dismissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A wdtten notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall be sent via U.S. mail to the most recent address on record in the Human Resources file. The recommendation shall include the following information: a) The underlying reasons for the recommended termination. b) Documentation upon which the Department Director relied in formulating said recommendation. c) An explanation of the employee's dghts to request a Predetermination Hearing pdor to termination taking effect and the fact that the decision of the City Manager shall be final. City of Boynton Beac~ 36 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The dismissal recommendation and the City Manager's final decision shall be placed in the employee's Human Resources file, and a copy shall be forwarded to the employee and his/her Department Director. Employees may submit comments for inclusion in their Human Resources file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. At the time of dismissal, employees are required to surrender to their Department Director or designee, all City property that may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final check. Prior to the effective date of any suspension without pay, or a termination, the City shall conduct a predetermination hearing. The predetermination headng shall be conducted by the Human Resources Director and the City I~lanager's designee. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination headng by a representative or his or her choice. Prior to or at the inception of the hearing the City shall disclose or explain the City's evidence. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination headng and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date(s) if appropriate. Probationary employees shall not have the right to appeal any type of disciplinary action. 2. Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of less than four (4) workdays, by requesting administrative review by the Human Resources Director. Such request shall be made within ten (].0) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 3. Regular employees have the right to binding arbitration of any suspensions without pay of, five days or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. City of Boynton Beact~ 37 Effective Date: 03/01/98 Revised Date: 08/01/03 Personnel Policy Manual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1'6 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The City and the employee may waive the selection process by mutually agreeing to the appointment of an arbitrator. ~[f there is no waiver the City shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (:~0) days of a request for arbitration. The City and the employee shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall De granted to either the employee or the City. The decision of the arbitrator shall be made within twenty (20) days following the dose of the arbitration or submission of written bdefs, whichever occurs last. The decision of the arbitrator is binding and final. The arbitrator may not modify the discipline but shall either sustain or reverse the discipline. The arbitrator's charges, including fees and costs shall be divided and paid equally by the parties to the arbitration. Each party shall be responsible for their own attorney fees. 02. Formal Grievances The City shall strive to anticipate and avoid occurrence of valid complaints or grievances, and to deal prompUy with any that may adse. Except where there is an acceptable reasc~ for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order, according to the department's chain of command: · Immediate Supervisor · Department Director · Human Resources Director or his/her designee The primary purpose of this grievance procedure is to determine what is right rather than who is right. Free discussion between employees and supervisors will lead to better understanding of practices, policies and procedures that affect employees. Discussion will serve to identify and help eliminate conditions that may cause misunderstandings and grievances. This purpose is defeated if a spidt of conflict enters into the consideration of a grievance. Supervisors and employees alike must recognize the true purpose of the grievance procedure if it is to be of value in promoting the well being of the Qty. The Human Resources Director shall establish rules for the processing of grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a grievance. Grievances are to be initiated by employee within ten (~.0) days of the event giving dse to the grievance, or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. The decision of the Human Resources Director regarding disposition of the grievance is binding and not subject to further review. 50 City of Boynton Beach 38 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 7 8 9 10 11 12 13 14 15 2O 2~ 22 25 2~ 27 28 2~ 3O 3~ 32 33 34 35 3~ 37 38 3~ 40 4~ VZZ. RES:ZGNAT~ON / TERM[NATION 0Z. Resignation/Termination Any employee wishing to leave a City position in good standing, must file with his/her Department head, at least two weeks before leaving, a written resignation stating the date the resignation is to be effective and the reason for leaving. Department Heads shall forward the notice of resignation and a completed Personnel Authorization form to the Human Resources Director immediately upon receiving the resignation. Unauthorized absence from work (failure to meet the assigned schedule and/or failure to notify the department as required) for a pedod of three (3) consecutive working days may be considered by the City as a resignation. T~in=H~fl There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided herein. Some individual letters of appointment may include termination pay provisions. 02. Lay-Off The City Manager may lay off any regular employee whenever such action is made necessary by reason of shortage of work or funds, the abolishment of a position or because of changes in organization; however, no regular employee shall be laid off while there are temporary, or probationary employees serving in the same position for which the regular employee is eligible and available. Whenever the layoff of one or more empk:h'ees shall become necessary the City Hanager shall notify the Human Resources Director, at least ten (~.0) days in advance of the intended action and the reasons therefore. The Human Resource Director shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. The order of layoff shall be in reverse order of total continuous time served. Temporary and probationary employees shall be laid off, in that order pdor to layoff of regular employees. City of Boynton Beac~ 39 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 3 4 5 ~0 22 25 28 2~ 32 37 4O 43 4~ 5~ 5~ 57 58 5~ VZZI'. APPENDD( 01. DEF/NIT~ONS The following words and terms shall have the meaning indicated unless the context clearly indicates otherwise: ADMINISTRATI~/E REVIEW means review of a minor Human Resources action by the Human Resources Director. Minor Human Resources action includes verbal counseling, written counseling memos, reprimands, suspensions with pay, demotions, and suspension without pay of less than five (5) days. ALLOCATE shall mean the act of assigning each position to its proper class. ANNIVERSARY DATE shall mean an employee's date of hire or re-hire, whichever is later. APPEAL shall mean a request for binding arbitration. ARBITRATOR shall mean a neutral individual appointed using the procedure set forth in these policies. BINDING ARBITRATION shall mean a process that ends with a decision of the ~r which is final and binding on the employee, management and the City Commission. CERTIFY shall mean the act of the Human Resources Director in supplying a department head with the names of applicants who are eligible for appointment to a position. CLASS shall mean a position or group of positions having similar duties and responsibilities, requiring similar qualifications, which can be properly designated by a tiUe indicative of the nature of work and which carry the same range. COMPENSATORY TIME shall mean time taken off in lieu of overtime pay for hours worked in excess of the maximum for the (non-exempt) employee's work period as set forth in the FLSA. CONTINUOUS SERVICE shall mean employment which is uninterrupted. CONTRACT EMPLOYEE shall mean an employee under an individual employment contract or a collective bargaining agreement. DEMOTION shall mean the assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. DEPARTMENT shall mean Operating Department, unless specifically referred to as Human Resources Department. DISMISSAL shall mean the discharge of an employee from his/her or her position with the City. The terms termination and dismissal are interchangeable. ELIGIBLE shall mean a person listed on the active employment list. EMPLOYMENT LIST shall mean a list of persons who have been found qualified for appointment to a position in a particular class. EEOC shall mean the Equal Employment Opportunity Commission. EXAMINATION shall mean any selection instrument used to measure the relative knowledge, skills, and abilities for candidates competing for positions which may include evaluations of training and experience, performance tests, oral interview, written tests, evaluations of performance appraisals, etc. City of Boynton BeacOn 40 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 1 2 26 27 3O 31 34 37 42 47 50 53 54 FULL-'I'[ME EMPLOYEE shall mean an employee who is scheduled to work a minimum of 36 hours per week. GRIEVANCE shall mean formal notice of dissatisfaction by an employee with permanent status who feels they have been unjustly treated in cases involving employment conditions. ]OB TTI'LE shall mean a definite descriptive designation for a job classification. LAYOFF shall mean the dismissal from employment because of shortage of work or funds, or because of changes in the organization. NON-CONTRACT EMPLOYEE means any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. OVERT[ME PAY shall mean pay for overtime worked in excess of employees normal work week. PAY RANGE shall mean a salary range established by the City Commission with a minimum and maximum base salary. PART-'I'ZME EMPLOYEE shall mean an employee who is scheduled to work less than 36 hours per week. POSZ'r'[ON shall mean a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES shall mean any employee who is serving in a new position either by appointment, promotion, demotion, or reclassification, and has been advised, in wdting, that he/she has successfully completed his/her probationary period. PROBA'I-[ONARY PER.[OD shall mean a pedod of twelve (12) months. An employee who fails to meet standards dudng the probationary pedod is subject to discharge, demotion, or suspension without warning or statement of cause. PROMOTZON shall mean the assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. REGULAR EMPLOYEE shall mean an employee who has achieved permanent status after completing a probationary pedod. SUSPENSION shall mean the separation with or without pay of an employee for a period of time. TEMPORARY EMPLOYEE shall mean an employee holding a position other than regular full-time or part-time for a specified pedod of time. TEMPORARY POSTT'[ON shall mean all positions that are not designated regular. TERMINATZON shall mean the discharge of an employee from his or her position with the City. The terms termination and dismissal are interchangeable. UNION EMPLOYEE shall mean an employee within a certified bargaining unit and covered by a collective bargaining agreement. VACANCY shall mean a position existing or newly created, which is not occupied. City of Boynton Beac~ 41 Personnel Policy Manual Effective Date: 03/01/98 Revised Date: 08/01/03 1 22 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 02. ]:NDEX ADA, g Administrative Review, $4,40 Americans with DisaBilities Act, g Anniversary Date, 40 Appeal, 40 Application for Employment, 11 Arbitrator, 38, 40 Bargaining Unit, 4, 41 Benefit Information, 13 Binding Arbitration, 37, 40 Bonus Awards, 16 Bonus Days, 20 Callback. 15 termly. 40 ~ Commission, 4 City Manager, 5 City Manager Incentive Program, 17 Class, 40 Compassionate Leave, 22 Compensatory Time, 15, 40 Continuous Service, 40 Contract Employee, 4, 1 O, 40 Counseling, 35 Counseling Memorandum, 35 Criminal Inves~gabon, 35 Demotion, 40 Demotione, 16 Department, 40 Disability, 21 Disciplinary Action, 8, 31, 34 Dismissal, 36, 40 DROP Plan Participants, 27 Drug and Alcohol, 8 EAP, 8 EEOC, 4O Effective Date of Policies, 9 Eligible, 40 Emergency Contact, 13 Employee Appeals, 37 Employee Assistance Program, 8 Employee Files, 13 Employee Technical Certification, 29 Employee Types, 10 Employment, 6. 11 Employment List. 40 Employment of Relatives, 13 Employment Opportunity. 11 Equal Employment Opportunity, 6 Examination. 41 Extreme Misconduct. 33 Fair Labor Standards Act. 15 Family and Medical Leave, 24 Finance Department. 12.21 Florida Public Records Law. 13 Full-'l'ime Employee. 41 Grievance. 41 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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 Grievances, 38 Harassment. 6.34 Holiday. 19 Holidays, 18 Hours of Work. 13 Human Resources Director, 5 Immediate Family. 8. 13 Incentive. 17 Incentive Pay System, 16 .]ob Title, 41 Jury Duty, 21 Layoff, 41 Lay-off, 39 Leave With Pay, 21 Leave Without Pay, 7, 23 Letter of Appointment,, 10 Longevity, 27 Longevity Benefits, 27 Medical Information, 13 Military Leave, 21 Misconduct, 31, 32, 33, 35 Non-Contract Employee, 10, 41 On-Call, 15 Open Enrollment, 9 Orientation Program, 12 Overtime, 15, 41 Part-Time Employee, 41 Pay Range, 12, 41 Personnel Administration, 4 Personnel Information, 13 Position, 41 Predetermination Hearing, 37 Prol3a3~, 29 Pn3batJoamy Eml~s, 37, 41 Probationary Period, 14, 16, 37, 41 Professional Development, 29 Promotion, 41 Public Records Law, 13 Recruitment and Selection, 10 Regular Employee, 37, 41 Resignation, 39 Restricted Sick Leave, 19 Retirement, 28 Senous Misconduct, 33 Severance Pay, 39 Sick Leave, 19, 20 Social Security Number, 43 Suspension, 35, 36, 37, 41 Temporary Employee, 41 Temporary Position, 41 Termination, 36, 39, 41 Termination Pay, 39 Training, 5, 6, 29, 41 Transfers, 16 Tuition Assistance, 29 Union Employee, 41 City of Boynton Beach 42 Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 Vacancy, 41 Vacation, 18 Violence in the Workplace, 8 Witness Fees, 21 Workers' Compensation, 22 Written Rel3nmand, 35 Years of Service, 18, 20 43 City of Boynton Beach Effective Date: 03/01/98 Personnel Policy Manual Revised Date: 08/01/03 ==8 =._~=~ ~ . ~, o '*- qJ ..-, .- >,~ '~ "~ ,Z)- :>. o .- ~ .'--- ~'.~ o =.=_ ~ o~- Z = .8 '-~o '- ~' '§ . ,_ .~.__ ,., ,.. ,.,_ ,...= ._ ,_ ~ ~ · -= = e ~ ~.=--: ~ ~.~ s~z 0 o ~ = ~ 8 "~ ~,- "'-- ~ o._== .. , = ~ -- ._~ o · ._ ~ ~ ~ ~ ~ ~ -~'- ~= ~ ~ 0 (:3 n -- ~'~ ~ ~ u ~ C Iii i ,, ~. ~ ~ .. ~ . ~ c ~ ~ 0 - _ .) ~. I''~' ~ ~ ~ '~ ~ "= 0 ~ , I .... .- ~.~ ~'~ .~ ~.~ i ._ ,.- ._ , .~ .~ m ;.g ='= / i (:3 V.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 5.2003 [] August 19, 2003 [] September 2, 2003 [] September 16, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 14, 2003 (Noon.) August 4, 2003 (Noon) August 18, 2003 (Noon) September 2, 2003 (Noon) Requested City Commission Meeting Dates [] October 7, 2003 [] October 21, 2003 [] November 5, 2003 [] November 18, 2003 [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code compliance/Legal Settlements Date Final Form Must be Turned in to City Clerk's Office September 15, 2003 (Noon) October 6, 2003 (Noon) October 20, 2003 (Noon) November 3, 2003 (Noo~Ot t~ ,--~ '"~ [-~ New Business ::~ ~..~ ~_.] Presentation ir'-] Public Hearing O~ "~ [] Unfinished Business RECOMMENDATION: Resolution authorizing the release of a cash bond of $36,850.00 to Verderarne Construction Co., Inc. for the project known as the Golden Corral. EXPLANATION: On November 22, 2002, the Building Division sent to the Finance Department a cash bond of $36,850.00 £or the completion of the permitted work for the project known as the Golden Corral located at 389 Winchester Park Blvd. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES:~ Quintus L. ~ree~, 15~elop~nent Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOY'NTON BEACH, FLORDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $36,850.00 TO VERDERAME CONSTRUCTION CO., FOR THE PROJECT KNOWN AS GOLDEN CORRAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this project had previously posted cash surety in the ~unt of $36,850.00 to guarantee satisfactory completion of the permitted work for the ect known as the Golden Corral; and WHEREAS, the work has been completed and the Certificate of Occupancy has seen issued; and WHEREAS, the Ci~ Commission, upon recommendation of staff, deems it ~riate to authorize a full release of cash surety in the amount of $36,850.00 to the ,er. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does approve the full release of tbe cash surety in the amount of $36,850.00 to the Der, Verderame Construction Company, for the project known as Golden Corral. Section 2. That this Resolution shall become effective immediately upon ~assage. :\CAXRESO\Letters of Credit\Release of Surety Verderame Constmcticn.doc