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Agenda 09-16-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561)742-6000 City Commission AGENDA SEPTEMBER 16, 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 I/ Kurt Bressner City Manager www. boyn ton -beach. org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PAR'F~CTpAT~ON AT CTFY OF BOYNTON BEACH COMMTSSTON MEEI~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 Ttems: 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. SPEAKTNG AT COMMISS~[ON MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. 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 ]:rems: 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. ADDRESSTNG THE COMM~SSTON: 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). CITY OF B O YNTON BEA CH SPECIAl, CITY COMMISSION MEETING Tuesday, September 16, 2003 at 6:00 p.m. in Commission Chambers at City Hall 1. FINAL Budget Public Hearing for Fiscal Year 2003/04 Budget 2. Proposed Resolution No. R03-160 Re: Adopting the FINAL Millage Rate for Fiscal Year 2003/04 3. SECOND Reading of Proposed Ordinance No. 03-051 Re: Adopting A Final Budget for Fiscal Year 2003/04 REGULAR CITY COMMISSION MEETING AGENDA September 16, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE FILL OUT THE APPROPRIATE REQUEST FORM GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 OTHER: A. Informational Items by Members of the City Commission ANNOUNCEIqENTS, COf41~IUNZTY & SPECZAL EVENTS, & PRESENTATZONS: A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations: a. Fire Prevention Week - October 5-11, 2003 b. National Customer Service Week - October 6-10, 2003 2. Presentation by the Education Advisory Board concerning their Principal for a Day project TV. ADMTNTSTRATZVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dar,, IV McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (2) Mayor Broening Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (2) III Ferguson Advisory Bd on Children & Youth Reg 2 yr term to 4/04 Tabled (3) Mayor Broening Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/04 Tabled (3) II McCray Code Compliance Board Alt i yr term to 4/04 Tabled (2) II McCray Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) II McCray Library Board Alt 1 yr term to 4/04 II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) Mayor Broening Recreation & Parks Board Reg 3 yr term to 4/06 2 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 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: 1. Regular City Commission Meeting of September 2, 2003 2. Special City Commission Meeting of September ~,, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Award the "ANNUAL SUPPLY OF SULFURIC ACID," Bid #082-2821-03/.1A, to Sulfuric Acid Trading Company (SATCO) of Tampa, Florida, for an estimated annual expenditure of $120,000 C. Resolutions: 1. Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 ('Tab/ed on 8/19/05- Request table to 2. Proposed Resolution No. R03-161 Re: Agreement with the State Department of Environmental Protection in furtherance of an approved outdoor recreation project (Southeast Neighborhood Park) 3. Proposed Resolution No. R03-162 Re: Agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project 4. Proposed Resolution No. R03-163 Re: Appointing the Palm Beach County Supervisor of Elections to handle and canvas all absentee ballots for the November a,, 2003 General Election and, if necessary, the November 18, 2003 Run-Off Election, to represent the Municipal Canvassing Board at all Logic & Accuracy Tests and to certifi/the election results D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None 3 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 F. Approval of one-year renewal of programs for property and casualty insurance and support service G. Approve reduction of surety covering the water and sewer systems for the project known as Leider P.U.D. (aka Tuscany Bay), reducing the existing surety requirement of $1,291,910 downward to the new value of $129,000 H. Release cash bond of $20,000 to TRG Boynton Beach, Ltd. for the project known as the Marina sales trailer Approve the updated Library Long Range Plan for 2004-2006 .1. Approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications (RFQ) #065-2821- 03/C3D, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach"; and authorize the Utilities Department to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute #287.055, Consultants' Competitive Negotiations Act K. Approve Cardiac Monitor/defibrillator Service Agreement Addendum (Medtronic PhysioControl, :[nco L. Authorize the use of $2,500 of Community :Investment Funds for the YMCA Partners With Youth Campaign by Commissioner Ron Weiland M. Authorize the use of $1,000 of Community Investment Funds for the Boynton Community Forum Families and Friends Network, :[nc. by Commissioner Carl McKoy N. Authorize the use of $1,500 of Community :[nvestment Funds for the Boynton Woman's Club by Vice Mayor Mike Ferguson O. Approve a Revocable License Agreement between the City of Boynton Beach and .1ordan Wrecker for use of a City owned alleyway located behind 905 North Railroad Avenue VZ. CODE COMPLZANCE & LEGAL SE'R'LEMENTS: None VZt'. PUBLTC AUDZENCE: ZNDZV'rDUAL SPEAKERS WTLL BE LZMZ'I'ED TO 3-MTNUTE PRESENTA'I~ONS Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 VIII, PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERt41'rS A. Project: The Harbors (ABAN 03-004) Agent: Gregory Mire, P.S.M., Keith & Associates, ~[nc. Owner: Schgai Location: 2300 North Federal Highway Description: Request for abandonment of a 15-foot wide utility easement TX. CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabled on $/20/05) B. City Hall/Public Safety Space Needs Report X. FUTURE AGENDA/TEMS: A. Early Retirement :Incentive Program (ER:[P) (October 7, 2003) B. Resolution of Necessity for 8 parcels of land associated with the Railroad Avenue Stormwater Improvement Project (October 7, 2003) C. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (October 21, 2003) D. Follow-up Meeting with CRA on Development :Issues (November 2003) E. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (November 2003) F. High School Task Force Report (December 2, 2003) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) H. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 XZ. NEW BUSZNESS: A. Discussion regarding proposed off-premise sign at Texaco Station (Tabled on 8/$/03 - Request table to g{,~ 6/03) B. Discussion regarding CRA Chairperson term 5 Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-049 Re: Amending Chapter III Compensation of the Personnel Policy Manual by creating a new subsection 09 entitled "Travel Reimbursement" 2. Proposed Ordinance No. 03-050 Re: Amending Chapter II Administration, by deleting Section 2-15 Per Diem and Travel Expense Schedule in its entirety B. Ordinances - 1~t Reading 1. Proposed Ordinance No. 03 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4.] limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies ('7'abledon 9/2/03,) 2. Proposed Ordinance No. 03-052 Re: Abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID 3. Proposed Ordinance No. 03-053 Re: Enhanced background screening for City employees, private contractors, vendors and repair and delivery persons consistent with 2002 Florida State legislation (166.442 [SB 954]) 4. Proposed Ordinance No. 03-054 Re: Establishing an Urban Central Business District C. Resolutions: 1. Proposed Resolution No. R03-164 Re: Establishing minimum standards of conduct for public officers of the City D. Other: )(III. UNFINISHED BUSINESS: None Agenda Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 xlrv. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT[VI'Pf IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 9/2/2003 3:06 PM S:\CC\WP\CCAGENDAV~GENDAS\YEAR 2003\091603 FINAL AGENDA.DOC 7 CITY OF BOYNTON BEACH, FLORIDA REVISED SUMMARY 2003/2004 PROPOSED BUDGET AND 2004 2008 PROJECTED SPENDING PLAN The Cito Bo nton Beach OFFICE OF THE CiTY MANAGER 100 E. l~oynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida $3425-0510 City Manager's Office: {$61} 742-6010 FAX: {$51) 742-6011 e-mail: city. managerl~ci, boynton-beach.fi.u$ v.~J~, cl. boynton-beac~..fl, us To: City Commission .~~~ ' ~~ ~,,/,-~ From: Kurt Bressner, City Manager Date: July 7, 2003 (Revised September 10, 2003) Subject: Presentation of City Operating Budget for Fiscal 2003-04 and Financial Operating Plan for Fiscal 2003-2007 I am pleased to transmit the proposed Operating Budget for Fiscal 2003-04 and a Financial operating Plan for Fiscal 2003-2007. The Capital Improvement Budget reflects the recent City Commission decision on bond issues. Exclusive of construction projects, the total proposed operating budget of the City for 2003-04 is increased by 0.31% over the current fiscal year budget. Given payroll and benefit obligations in the range of 8% (larger due to pension cost increases), supply cost increases averaging 4 % and contract services price increases averaging 3%, this is an austere budget. The Budget Portion of this document is the statutory spending plan that the City Commission must approve following review and revision, as appropriate. The Financial Plan portion of the document is an advisory financial snapshot into the future designed to give the Commission and staff a longer-range perspective and to assist in fiscal and program planning. General Fund Budget Pursuant to Commission policy of retaining 10% of General Fund Operating expenditures as a reserve, the budget as presented is balanced. The General Fund, as presented will end this fiscal year with revenues below estimates by approximately $30,000. The estimated expenditures this fiscal year will be approximately $1.4 M under the budgeted amounts. This allows the opening balances in the General Fund to remain above the City's financial reserve policy of 10% of operating expenses. This amount currently, is $a, 8 M. This reflects about a 1.2 month expenditure reserve. It should be noted that the approved 2002-03 Budget authorized use of $3.8M of the un-obligated General Fund reserves (this is the amount over and above the 10% set- aside.) With the 2002-03 expenditures running $1.4 M less than budgeted, the amount actually used was $2.4M. With respect to property tax revenues, the proposed budget assumes that the City Commission would wish keep the tax rate the same as last year. Last year, the Commission rolled back the property tax rate to help compensate for the Fire Assessment revenues being received. The rate was rolled back to 7.6000% plus .3950% for debt service for a total of 7.995%. The projected tax rate for 2003-04, inclusive of debt service is slightly lower at 7.8804%. In the event the City Commission wishes to go to the roll back rate, the new base rate would be 6.987%. Including the debt service rate of.3804%, the final adjusted property tax rate would be 7.3674%. In order to compensate for this revenue reduction, the General Fund would need to be cut another $1.9M or the like amount transferred in from the un-obligated General Fund reserve. I am recommending that the City Commission not roll back the property tax again this year. Looking to next fiscal year, the General Fund is projected to receive $48.4 M in revenues. The budget for the General Fund as originally proposed by departments showed a projected deficit of $5.0 M over revenues. In reviewing the budget, I was required to cut back a number of new personnel requests, adjust operating programs and defer several expenses. The resulting budget is still $1.8 M over operating revenues. These cost include the following items: Increase in Pension Contributions by General Fund: General Employees Pension: $ 502,674 Fire Pension $ 352,873 Police Pension $ 875,595 Total Pension Increases $1,731,142 (This is a statutory obligation) Risk Management Fund Deficit $1,000,000 (This is recommended to eliminate deficit in this fund per Audit) Total Pension and Risk Mgt. Costs $2,731,142 To pay for these costs, it is recommended that a portion of the un-obligated General Fund Balance amounting to $1,838,624 be used. This amount covered the above two major costs. The additional $892,518 of additional pension and Risk Management costs was obtained in the form of operating budget cuts. While funded in the draft budget, the neighborhood grant and improvement program needs re- focus, in my view. The City Commission has embarked on a different process for neighborhood meetings. You have requested multiple departments to be present at meetings. The old model of one staff member being responsible for these activities is being changed to a team approach coordinated by the City Manager's Office. The Woman's Club program is a desirable, but not essential activity. We proposed the program in response to a concem expressed over the continued maintenance of a historic structure. If the Mizner Foundation were to take on this responsibility, the same goal would be met via the private sector. The City could offer expertise and assistance on a case-by-case basis, especially in the area of assisting the Mizner Foundation in obtaining grants, joint purchasing and renting the facility for public events. We are in the process of obtaining an architectural analysis of the building to evaluate its condition. We are doing so to make sure there are no major rehabilitation costs, in the event the Commission wishes to re-authorize the program in next year's budget. With increased insurance costs, the America's Gateway to the Gulfstream estimated cost of the Woman's Club Program will be in the vicinity of $170,000. In addition to these, there is a long-term need to increase the size of the Police Department sworn staff. This cannot be accomplished within the current revenue stream of the General Fund. However, the Police Chief has developed an innovative program that has been presented to the CRA, whereby that agency will provide funding for increased presence in the CBD and Heart of Boynton areas. This concept was discussed at an earlier City Commission and CRA workshop. This program will help moderate the increase in calls for service in the CBD and Heart of Boynton areas. The increase in the staffing levels for the Fire Department has been accommodated in the Fire Assessment Fund. It should be noted that in three years, the expense base for the 24 new personnel hired under the Fire Assessment, would need to be paid out of the General Fund. In terms of other personnel in the General Fund, the proposed 2003-04 budget projects a reduction of 9.13 positions. The decimal points reflect changes in part-time positions. There are no lay-offs of positions in the General Fund. The changes reflect either shifts in personnel from one position to another or non-replacement of vacant positions. Overall, the General Fund expenditures are expected to be 3.1% higher than the current fiscal year budget. This is inclusive of the above-mentioned pension and Risk Management expenses. Without those costs, the proposed 2003-04 General Fund budget would 2.5% lower than the current budget. Review of Other Funds Water and Sewer Utility Fund The revenues and expenditures for this the operating portion of this fund are balanced at $28.4 M. Four staff positions are proposed for next year. These are CADD personnel transferred from the Building and Engineering Departments. The City is consolidating data entry and correction for the computer aided design system and our records management system. No rate increase for water or sewer service is projected for 2003-04. Overall, the expenditures projected for 2003-04 in this fund is expected to be 3.24% above the current fiscal year budget. As with the General Fund, the impact of pension costs and the Risk Management transfer was the reason for the budget increase. Without these costs, the Utility Fund Budget would be 1.3% lower. Golf Course Fund This fund is balanced at 2.6M. No personnel changes are planned for Fiscal 2003-04. The proposed 2003-04 Budget represents a reduction of 10.4% over the current fiscal year budget. However, this reduction includes the end of debt service pa~vments, which ended this fiscal year. On an operating basis, the Golf Fund expenditures represent a 13.1% increase. Much of the increase in the Golf Course Fund is attributable to increased cost of Risk Management ($80,000) and the establishment of a Renewal and Replacement Account ($100,000). Because of a decline in patronage at the course, these expenditures need careful monitoring. There has been a general America's Gateway to the Gulfstream Recreation Program Fund The cost of the Tennis Center operations budget is being transferred to the Recreation Program Fund to allow staff to better determine rates sufficient to fund the program and to set-aside a reserve for future capital improvements to the Tennis Center. Because of this transfer, the budget for the Recreation Program Fund increased by 14.61%. Fire Assessment Fund - Next fiscal year projects expenses of $8.6M including completion of the Southeast Fire Station and construction on the Southwest Fire Station. Fire Department staff projects that the Southwest Station (Woolbright) will not be completed until the first quarter of 2004-05. The projected Fire Assessment need for 2003-04 is $2.6 M, the same as the current Fiscal Year. The rate then begins to drop in 2004-05 to $1.2M then ends the remaining three years at under $1.0M. Construction on the Northeast station is not projected to start until 2004-05. Land acquisition for the Northeast station is scheduled for next fiscal year however. The Fire Assessment Fund budget also anticipates hiring 12 additional personnel to complete the staffing for the SE Fire Station. The first 12 personnel were hired this fiscal year. In addition, the City purchased a new fire engine that will go into the new station. This vehicle was delivered and placed into service last month. The current fund balance of $5.2M will be exhausted next fiscal year, based on this construction schedule. A special thanks goes to the Budget Review Team of Diane Reese, Dale Sugerman, Mary Munro, Wilfred Hawkins, and JeffLivergood for their hard work on the document. Special thanks goes also to the department heads that went back into their budgets to make additional cuts that I requested. Cc: Department Heads 5 America's Gateway to the Gulfstream C~ oooooo oo oo~ ~ ooo.ooooo 0 ¢~ ¢'N ~I--- ZZ ©,,, RESOLUTION R03-//~, O A ~ESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY-NTON BEACH, FLORIDA, ADOPTING A FINAL MILLAGE RATE OF 7.500 MILLS FOR THE CITY'S GENERAL OPERATING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.500 MILLS IS 7.34 PERCENT ABOVE THE COMPUTED ROLLED- BACK RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WI-IEREAS, a Final Budget has been reviewed and considered by the City Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the City Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final millage rate necessary to be levied agair~st ad valorem valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a sufficient sum which together with departmental and other revenues will be sufficient to pay for appropriations made in the budget for the Fiscal Year beginning October 1, 2003, and ending September 30, 2004, is hereby set at 7.500 mills plus 0.3804 for Voted Debt Service for a total Final Millage rate of 7.8804. Section 2. The Final Millage rate of 7.500 mills is 7.34% above the computed rolled-back rate. Section 3. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Section 5. This Resolution shall become effective immediately upon passage. FIRST READING, this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) }00 Base Rate ORDn ASC 03- AN OP.D A CE oF crr co ss oN OF OF BOSTON BEACH, FLORA, ~OPT~G A F~ B~GET FOR T~ FISC~ ~ BEG~G OCTOBER 1, 2003, ~ E~G SEPTE~ER 30, 2004; DETE~G ~ F~G T~ ~O~S ~CESS~Y TO C~Y ON THE ~VE~E~ OF THE CITY FOR THE ENS~G PROLOG FOR SEVE~~, CO~LICTS, EFFECT~E DATE. WHE~AS, a ~al budget h~ been prepped by the Ci~ M~ager estimming expen~es ~d revenues of the Ci~ for the ensuing ye~, wi~ detailed info~ation, including revenues to be derived ~om sources other th~ ad valorem lew, ~d she made reco~endations ~ to the mo~t necess~ to be appropriated for the ensuing ye~; ~d WHE~AS, the Ci~ Co~ission h~ met ~d considered the reco~endations, the suggested budget, ~d ~e proposed millage necess~ to be levied to c~ on the gove~ent of the ci~ for the ensuing ye~; NOW, THE~FO~, BE IT O~MNED BY THE CI~ COMMISSION OF THE CI~ OF BOYNTON BEACH, ~O~DA: Section 1.. ~at the final budget of ~e Ci~ of Boston Beach, Florida, for the fiscal ye~ be~ng October 1, 2003, ~d ending September 30, 2004, is hereby adopted ~d the appropriations set out therein ~e hereby made to maintain ~d c~ on the govement of ~e Ci~ of Boston Beach, Florida. There is hereby appropriated the sum of $50,348,805.00 ($48,510,181.00 in new revenue plus $_1,838,624.00 allocated ~om rese~e ~d bal~ce) the General F~d for the pa~ent of operating expenses ~d necess~ eapi~ outlays for the Ci~ Govement p~su~t to the te~s of the above budget. Section 2. ~at there is hereby appropriated the sm of $1,193,2~.00 to the interest ~d si~ing ~d for ~e general debt semite for the pu~ose of pa~ng the interest, principal ~d rescue due on the general obligation bonds of the Ci~ not sUbject to statutou ,:/CA~SO~udg~t~3~ Budg~t~7.5~ B~ ~7.5~ B~ ~ ~d Final Budget S~t 2~3.d~ 1 Base Rate exemptions and for redeeming such bonds as they mature. Section 3. That there is hereby appropriated the sum of $48A~S,800.00 to the Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budget. Section 4. That there is hereby appropriated the sum of $6,619,888.00 to the Solid Waste Fund for the payment of operating expenses and necessary capital outlays. Section $. That there is hereby appropriated the sum of $2,$86,279.00 to the Golf Course Revenue Fund for operating expenses and necessary capital outlays. Section 6. That there is hereby appropriated the sum of $2,963,610.00 to the Fleet Maintenance Fund for the payment of operating expenses and necessary capital outlays. Section 7. That there is hereby appropriated the sum of $1,371,988.00 to the Local Option Gas Tax Fund for the payment of operating expenses and necessary capital outlays. Section 8. That there is hereby appropriated the sum of $21,$01,971.00 to the Water and Sewer Utility Fund for operating expenses and necessary capital outlay. Section 9. That there is hereby appropriated the sum of $3,800,733.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds, the sum of $3,330,000.00 for renewal and replacement and amortization of its Revenue Bond discounts, for a total of $28,432,704.00. Section 10. That there is hereby appropriated the sum of $242,$87.00 to the Warehouse Fund for the payment of operating expenses and necessary capital outlays. Section 11. That there is hereby appropriated the sum of $249,000.00 to Cemetery Fund for the payment of operating expenses and necessary capital outlays. Section 12. That there is' hereby appropriated the sum of $4,371,600.00 to the ,nterest a nd s inking fund for general debt service for the purpose of paying the interest, principal and reserve due on the public service tax bonds of the City not subject to statutory exemptions and for redeeming such bonds as they mature. Section 13. That there is hereby appropriated the sum of $2,130,259.00 to the Budget\7.5000 Base Rate\7.5000 Base Rate Ord Final Budget Sept 2003.doc 2 7.5000 Base Rate Self-Insurance Fund for the payment of operating expenses. Section 14. That there is hereby appropriated the sum of $244,240.00 to the Mass Transit Fund for the payment of operating expenses and necessary capital outlays. Section 15. That there is hereby appropriated the sum of $1,078,128.00 to the Recreation Program Revenue Fund for the payment of operating expenses and necessary capital outlays. Section 16. That there is hereby appropriated the sum of $663~868.00 to the Community Improvements Fund for the payment of operating expenses and necessary capital outlays. Section 17. That there is hereby appropriated the sum of $7,673,675.00 to the Assessment Fund for the payment of operating expenses and necessary capital outlays. Section 18. All delinquent taxes collected during the ensuing fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 19. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 20. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Ordinance. Section 21. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. FIRST READING THIS /4 day of September, 2003. ;:\CALRESOXBudgetX2003-04 Budget\7.5000 Base Rate\7.5000 Base Rate Ord Final Budget Sept 2003.doc 3 7.5000 Base Rate SECOND, FINAL READING AND PASSAGE, this day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ;:\CAhRESO~Budget~2003d)4 Budget\7.5000 Base Rate\7.5000 Base Rate Ord Final Budget Sept 2003.doc 4 [IZ.-ANNOUNCElqENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORIvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates 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) [] Administrative [] Legal c::: NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business -- ~-~ RECOMMENDATION: Fire Prevention Week 2003 Proclamation EXPLANATION: Every year the City joins with the National Fire Protection Association in Fire Prevention Week activities. PROGRAM IMPACT: Promotes safety, saves lives, raises awareness, and is kickoff of Fire Prevention Week. FISCAL IMPACT: zero ~./~//~~ALTERNATIVES: No Proclam~mde.~ Depa"rtment Hea, ql~'Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC Whereas, public safety is a top priority; and Whereas, safety from fire is important both to citizens and local firefighters, who put their lives on the line with every response to fire; and Whereas, residents must take action to prevent fires and to protect themselves if fire strikes; and Whereas, awareness of simple safety practices can help lower our local fire death and injury rates; and Whereas, working smoke alarms on every level and a home fire escape plan and regular drills are essential for every household; and Whereas, the City Of Boynton Beach is joining the NFPA (National Fire Protection Association) in teaching ifesav ng messages in conjunction with Fire Prevention Week; and Whereas, the Fire Prevention Week 2003 theme, "When Fire Strikes: Get Out! Stay Out!' is an important reminder for all citizens. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the Qty Of Boynton Beach, do hereby proclaim the week of October 5-11,2003, as Fire Prevention Week ii This week is commemorated across North America and supported by the public safety :i efforts of fire departments, schools and other safety advocates, in conjunction with the NFPA. ,'~ I call upon the people of the City Of Boynton Beach to remember the Fire Prevention Week 2003 caution, "When Fire Strikes: Get Out! Stay Out!" and urge all citizens to heed the advice to install smoke alarms and plan and practice fire drills. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Fiodda, to be affixed at. Boynton Beach, Florida, this 16th day of September in the Year 2003. ~ Gerald Broening, Mayor " City of Boynton Beach :All'EST: City Clerk ;i (Corporate Seal) 'i S:\CC\WP~CCAGENDA~roclamations\Fire Prevention Week - 2003.doc [~T.-ANNOUNCEMENTS & PRESENTAT/ONS ~tem C.l.b CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO .,a Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimt Dates in to City Clcrk's Office Meg'tint Dat,~ in t0 City CIerk'~ Qffi~ 1~ 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 l6, 2003 September 2, 2003 (Noon) [] November l8, 2003 Novcmber3,2OO3(Noo~.~:~ [] Administrative [] Legal t.~ :~.< [] Announcement [] New Business NATURE OF AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing c'~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Proclaiming the week of October 6 through October 10, 2003 as National Customer Service Week in the City Of Boynton Beach. EXPLANATION: As an organization dedicated to serving the public, the City Of Boynton Beach fully supports the ideas and practices embodied in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will remind our customers how important they are to all of us. PROGRAM IMPACT: We, as a City, can positively impact all of our customers by continually striving to improve our level of Customer Service. FISCAL IMPACT: None ALTERNATIVES: None . · ' Department Head!~ Signature Cit~Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources SSBULLETIlqXFORMSXAGENDA ITEM REQUEST FORM.DOC An entity built on customer service understands and anticipates the customers' needs. It designs goods and services to meet those needs and builds products that perform to customers' expectations, The City of Boynton Beach strives to deliver services to its citizen customers in such a manner, with an emphasis on quality and innovation. The City endeavors to be responsive, cooperative, and culturally and environmentally sensitive to its citizen customer, while embracing Ihe highest standards of integrity and accountability to those it serves. The U.S. Congress proclaimed National Customer Service Week a national event in 1992 to create a positive message that lasts all year long and to provide a productive opportunity to generate an even stronger ongoing commitment to customer service excellence. National Customer Service Week provides the City of Boynton Beach and area businesses the opportunity to recognize and thank the employees who dedicate themselves to customer satisfaction and to recognize and thank the customers who are the reason for their existence. This celebration also offers the public the opportunity to recognize and thank those customer service protessionals who serve them. The theme of this year's National Customer Service Week is "Customers Take Center Stage." With responsive policies and procedures and with simple courtesy, customer service !professionals can go a long way in ensuring customer satisfaction. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim October 6-10, 2003, as "National Customer Service Week" in Boynton Beach, Florida, and urge all citizens to observe this week with appropriate programs and activities. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 16th day of September in the :Year 2003. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CCXWl~CCAOENDAXProclamatious~Customer Service Week - 2003.doc [~T.-ANNOUNCEMENTS & PRESENTATZONS Ztem C.2 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST p.~qu~! City ~ D~ Fired Fm~n Mu~ b~ Tum~l ~ ~ 6, 2~3 ~) ~ ~19,2~3 ~4,2~3~) ~ ~21,2~3 ~ 20, 2~3 ~) ~ ~ ~ ~2,2~3 ~18,2~3~) ~ No~5,2~3 ~ ~16,2~3 ~2,2~3~) ~ N°~Ig'2~3 N~3'2~3~) ~ --~ NA~ OF ~ ~ment ~ AG~A ~M ~ Ci~ ~'s ~ ~ ~~on ~ ~ ~t Ag~ con.ming ~lr ~nn~,~, ,-- - - ~ ' I~ing a P~nci~l for a Day (PFAD) program in ..... ca,,e~inn Adviso~ ~M is ~mp ......... ---~'s PFAD, on ~u~day, E~:--.k~,. to ~ ~ld ~ "~ ~Y IS ~ ~ ,-.., ~-nci--I for a day m ~ sch~l wRh the No~m~r t3. pFAD m~c~ a ou~,.~ edu~ion i.ues. ho~ of p~ing a ~r u~--,"~ -' PROG~ ~A~: Suppo~ t~ ~o~ ~ this volu~r advisow ~' ~C~ ~A~: T~ ~ ~ o~ing t~ p~mm ~mugh busi~ss sUp~R and do.ions. ~~A~S: Do not allow t~ ~ to pm~ t~ir proje~ ~ a Commi~ion m~ting. Lib~ Ci~ ARo~ / F~ / H~ ~~ ~nt N~ S:XBULLETINWORMSL~.OENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA TTEIq A. 1. MTNUTES OF THE REGULAR Cll'Y COMMTSS]:ON MEEI/II~ ng;L~a &,'~ COMMTSSI*ON CHAHBERS, CI'TY HALl-, BOYNTON BEACH, FLOR.TDA, ON TUESDAY. SEPTEMBER 2. 2003 AT 6:30 P.H. p[esent Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor -]ames Cherof, City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Carl McKoy, Commissioner Pon Weiland, Commissioner OPENINGS: A. Call to Order - Mayor Gerald Broening B. l:nvocation - Dr. Solomon Rothstein, 2n~ Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner McCray Mayor Broening called the meeting to order at 6:30 p.m. Dr. Rothstein offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner McCray. O. 1F YOU W~SH TO ADDRESS THE COHH]:SSZON: · F~LL OUT THE APPROPR/ATE REQUEST FORM · GIVE TI' TO THE C~'I'Y CLERK (ON THE DA[S) BEFORE THE "OPENTNGS" PORTION OF THE AGENDA HAS BEEN COHPLETED · COHE TO THE PODTUH WHEN THE HAYOR CALLS YOUR NAHE ]iND:[V~DUALS HAY SPEAK FOR THREE UNI~NTERRUPTED H~[NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Broening requested that the following item be added to the agenda under Administrative: Accept the resignation of .]ames McMahon, Regular Member of the Recreation & Parks Board 2. Adoption Nlotion Vice Mayor Ferguson moved to approve the agenda as amended. Commissioner McCray seconded the motion that carried unanimously. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Seutember 2, 2003 II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Ferguson said that over the past several years he has advocated a big league ballpark in (~uantum Park. It does not appear that this will happen. There is a 52-acre privately owned parcel in C~uantum Park. He suggested that this site might be partly suitable for the location of a Little League stadium. Commissioner McCray recognized the volunteers and staff who worked so diligently on Saturday during the Uttle League celebration. III. ANNOUNCEHENTS, COMMUNTTY & SPECLAL EVENTS, & PRESENTATIONS: A. Announcements: 1. 1~ Public Hearing regarding Budget - September 4, 2003 at 6:00 p.m. Mayor Broening announced that the first Public Hearing regarding the budget will be held on September 4~. The second Public Hearing will be held on September 16~ at 6:00 p.m. 2. Public Hearing regarding Fire Assessment - September 11, 2003 at 6:30 p.m. Mayor Broening announced the Public Hearing regarding the Fire Assessment. It will be held in the Commission Chambers. 8. Community and Special Events: C. Presentations: 1. Proclamations: None ADMINISTRATIVE: A. Accept the resignation of .lennifer Butler, Regular Member of the Planning and Development Board Motion Vice Mayor Ferguson moved to accept the resignation of .lennifer Butler, Regular Member of the Planning & Development Board. The motion was seconded by Commissioner McCray and carried unanimously. 2 HeeUng Hinutes Regular City Commission HeeUng I)ovn_t~_n -_"----ch, Florida ~ea4zmber 2, 2003 A.! Accept the resignation of James McMahon, Regular Member of the Recreation & Parks Board - added to age~da ([copy of resignation letter is attached to the original minutes on file in the City Clerk's Office) HoUon Commissioner McCray moved to accept the resignation of James McMahon, Regular Member of the Recreation & Parks Board. Commissioner McKoy seconded the motion that carried unanimously. B. Appointments to be made: Appointment Length of Term TO Be Made B~rd ~xoiration Date ~V McKoy Advisory EM on Children & Youth Alt ! yr term to 4/04 Mayor Broening Advisory EM on Children & Youth Stu/NonVoting ! yr term to 4/04 ! Weiland Advisory EM on Children & Youth Reg 2 yr term to 4/04 !X! Ferguson Advisory EM on Children & Youth Reg 2 yr term to 4/04 Tabled (2) Mayor Broening Bldg. EM of Ad] & Appeals Alt ! yr term to 4/04 Tabled (2) ! Weiland Cemetery Board Alt 1 yr term to 4/04 Tabled (2) X! McCray Code Compliance Board Alt ! yr term to 4/04 Mayor Broening Community Relations Board Alt 1_ yr term to 4/04 ! Weiland Education Advisory Board Alt Iyr term to 4/04 XX McCray Education Advisory Board Stu ! yr term to 4/04 X Weiland Library Board Alt 1- yr term to 4/04 Tabled (3) 1~! McCray Nuisance Abatement Board Reg 2 yr term to 4/05 !TX Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Broening Planning & Development Board Reg 2 yr term to 4/04 Commissioner Weiland appointed Evelyn Geathers as a Regular Member of the Advisory Board on Children & Youth. Commissioner Weiland appointed Su~an Morrison as an Alternate Member of the Cemetery Board. Commissioner Weiland appointed Floyd Beil as an Alternate Member of the Education Advisory Board. Mayor Broening appointed Robert Haroer as an Alternate Member of the Community Relations Board. 3 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida September 2, 2003 Mayor Broening appointed 3ames McMahon as a Regular Member of the Planning & Development Board. Motion Commissioner McCray moved to approve the appointments. Commissioner Weiland seconded the motion that carried unanimously. 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: 1. Agenda Preview Conference of August 18,2003 2. Regular City Commission Meeting of August 19, 2003 3. Special City Commission Meeting of August 26, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approval of three (3) year contract for the RFP #080-1610-03/3A -"LIFE AND DTSABTLITY TNSURANCE PLANS FOR THE EMPLOYEES OF THE CI-i'Y OF BOYNTON BEACH" TO .~EFFERSON P:[LOT FTNANC[AL of FORT LAUDERDALE, FLORIDA (Proposed Resolution No. R03-151) C. Resolutions: 1. Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 ('i'al~/ed on 8/.~9/03 - Request tab/e to 9/.~/03) Mayor Broening requested that item C.1 be pulled from the Consent Agenda. 2. Proposed Resolution No. R03-152 Re: Interlocal Agreement with the Town of Lantana to provide for the construction and operation of water main interconnections 3. Proposed Resolution No. R03-153 Re: Agreement for Water Service Outside the City Limits with Nestor Luiz Rivera for the property at 1228 Highview Road, Lantana, Florida (Lot 185, Ridge Grove Addition No. l) 4. Proposed Resolution No. R03-154 Approval of contract with Randall L. Wolff, M.D. as the new provider of pre-employment physicals Meeting Hinutes Regular City Commission Heeting Bovnton _~.,~___ch. Florida Sentember 2. 2003 for all employees and required annual physicals for police officers and firefighters 5. Proposed Resolution No. R03-155 Re: Authorizing and directing the City Manager to expend limited public funds for the purpose of furnishing information to the citizens and residents of Boynton Beach regarding the Hunicipal Referendum Election issue concerning the proposed General Obligation Bonds, scheduled for November ~,, 2003 Commissioner McCray requested that item C.5 be pulled from the Consent Agenda. 6. Proposed Resolution No. RO3-156 Re: Authorizing and directing staff to prepare for the refinancing of the City's Public Service Tax Refunding Revenue Bonds, Series 1993 and the finandng of vadous capital projects of the City Commissioner HcCray requested that item C.6 be pulled from the Consent Agenda. D. Ratification of Planning & Development Board Action: 1. Boynton Commerce Center (USAP 03-002), Southwest comer of [- 95 and Woolbright Road - Request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 '13" of the Boynton Commerce Center P[D 2. East Coast Mechanical (ZNCV 03-OO7), 1500 High Ridge Road - Request for relief from Chapter 2, Zoning Section 8.A.6, requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 Zoning District, to allow for a variance of 11 feet, and a front yard setback of ,t feet 3. quantum Park Lot 3 (ZNCV 03-008), Lot 3 Quantum Park P./.D. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a P.]:.D. zoning district 4. Winchester Commons (NWSP 03-012), Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard - Request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.~, acres in the C-3 zoning district 5. St. Gregory's Armenian Church (NWSP 03-013), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8~ Street - Request for site plan approval for a one-story, 23?,75 square foot church on 2.5 acre lot in the R1-AA zoning district 5 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida Set.ember 2, 2003 Commissioner Weiland requested that item D.5 be pulled from the Consent Agenda. 6. St. Gregory's Armenian Church (HTEX 03-005), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8~ Street - Request for a height exception of 22 feet, 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the church spire to be 52' 8" high in lieu of the 30-foot maximum height allowed in the Ri-AA zoning district E. Ratification of CRA Action: None F. Approval of request from the Good Shepherd Summer Camp for a donation of $2,000 from the Law Enforcement Trust Fund account G. Approve "SURPLUS VEH1iCLE/EC~U[PMENT L~ST" as submitted by Public Works Department and allow for the sale of same Mayor Broening requested that item G be pulled from the Consent Agenda. H. Allocation of use of Community l~nvestment Funds for the Lena Rahming/Maude Ford Lee Head Start Scholarship Fund in the following amounts: Commissioner Mack McCray $2,500 and Commissioner Carl McKoy $2,000 Approval of petition from George Rodriguez, Jr., representing Empire Car Service vehicle for hire business, for a certificate of Public Convenience and Necessity as per Chapter 24, Section 24-3 3. Approve 2003-2004 City Manager Objectives Commissioner McCray requested that item .] be pulled from the Consent Agenda. K. Full release of surety covering the water and sewer systems for the project known as The Colony at Boynton Beach L. Acceptance of a replacement bond in the amount of $~O7,380 issued by TRG- Boynton Beach, Ltd. for the Boynton Marina Project and releasing the bond originally posted by AERC of Virginia, Inc. M. Reduction of the surety requirement to cover the water and sewer systems for the project known as Villas of Cypress Creek, accepting a cash surety of $1,333.].5 for the remainder of the warranty period and returning letter of credit no. 200206].902 from Palm Beach County Bank to the developer Heeting Hinutes Regular City Commission Heeting I)ovnton ?_=--~--,~t. Florida Seotember 2. 2003 Hotion Vice Mayor Ferguson moved to approve the Consent Agenda as amended. Commissioner McKoy seconded the motion that carried unanimously. C.1. Proposed Resolution No. R03-143 Re: Raising fees for annual permits, daily fees and light fees at the Tennis Center, effective October 1, 2003 (Tab/ed on 8/1~/03 - Request table to ~/16/03) This item remained on the table. C.5. Proposed Resolution No, R03-155 Re: Authorizing and directing the City Manager to expend limited public funds for the purpose of furnishing information to the citizens and residents of Boynton Beach regarding the Municipal Referendum Election issue concerning the proposed General Obligation Bonds, scheduled for November a,, 2003 Commissioner McCray was in favor of this resolution. He wanted to ensure that this is advertised properly. Notion Commissioner McCray moved to approve Proposed Resolution No. R03-155. Vice Mayor Ferguson seconded the motion that carried unanimously. C.6. Proposed Resolution No, R03-156 Re: Authorizing and directing staff to prepare for the refinancing of the City's Public Service Tax Refunding Revenue 'Bonds, Series 1993 and the financing of various capital projects of the City City Manager Bressner explained that staff has been monitoring interest rates and the interest rate for municipal bonds is dropping. To take advantage of that, staff requests that they be authorized to refinance the public service revenue bonds. The refinancing of the bond issue would be combined with the public service bond issue that will be coming later this year for the other public improvements (Greenways, Jaycee Park, SW Boynton Park & Community facility, Wilson Center replacement and the Wilson Center Park improvements). NoUon Vice Mayor Ferguson moved to approve .Proposed Resolution No. R03-156. Commissioner McCray seconded the motion that carded unanimously. D.5. St. Gregory's Armenian Church (NWSP 03-013), South side of Boynton Beach Boulevard approximately 300 feet west of SW 8~ Street - Request for site plan approval for a one-story, 23,475 square foot church on 2.5 acre lot in the R1-AA zoning district Jean HcNally, 128 NW 10~ Court~ stated that her house is on the west side approximately two houses down from the church property. She has been flooded twice. After the second time, the City put a berm on the west side to alleviate the flooding. She was extremely 7 Meeting Minutes Regular City Commission Heeflng Bovnton Beach, Florida Sentember 2, 2003 concerned regarding the possibility of flooding since the church property will be paved and there will be more water going into the drain. She requested that the project have proper drainage. Ed Breese, Principal Planner, noted that Ms. McNally spoke at the Planning & Development Board meeting. She raised some valid points. However, staff responded that prior to obtaining any permits, the applicant would have to submit full drainage plans showing how the water would be retained on site. They have already submitted preliminary drainage plans that have been reviewed and found to be adequate. He also said that the Planning & Development Board added a condition that a wall be constructed on the west side. Commissioner Weiland had a concern regarding drainage because the minutes of the Planning & Development Board meeting stated, "Mr..lohnson stated that they cannot guarantee 100% that property would not drain onto another property." Commissioner Weiland noted that there is an ordinance that requires property owners to retain their own stormwater or divert it away from the neighboring properties. Therefore, he felt that there should be a guarantee. Commissioner Weiland did not want to require the church to place a wall all around their property, but he felt that there should be something to protect all of the abutting residents from having headlights shining in their homes. He suggested a berm. He also wanted the pumps and lie stations handled in a way that they would not affect the neighboring communities. .left Livergood, Director of Public Works, explained that during the Planning & Development Board phase and the City Commission approval phase, they are looking at preliminary drainage plans. The final drainage plans are required at the building permit phase. The requirement from the Planning & Development Board to install a wall on the westerly property line significantly changes the drainage. He said that staff will have to carefully consider this when the final drainage plan is reviewed. Mr. Livergood explained that staff tries to evaluate developments so that they do not drain onto adjacent properties. On the preliminary drainage plan, they are accomplishing that for a vast majority of the property except, perhaps, for the perimeter 2 or. 3 feet that may slope away from a parking lot. In general, the site drains to the center. There are also a number of exfiltration trenches that will store and hold water as well as a couple of detention basins. He is confident that the final drainage plan will be an improvement over what is there. He said that staff will review the wall or berm as it relates to drainage. Mayor Broening quoted from the minutes of the Planning & Development Board. "The Engineering Division has determined that the drainage is adequate and is recommending that specific drainage solutions be addressed at the time of permitting." He asked the applicant whether he agreed with all conditions imposed by staff and the Planning & Development Board. Dale Heaux~ AP:[ Group, representing the church, said that he had agreed at the Planning & Development Board meeting to place a wall on both the east and west sides along the residential properties. He again agreed to do this. Regarding the drainage, he pointed out that they are receiving water from neighboring properties now. They plan to direct the water and hold the water. 8 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ Seutember 2, 2003 Notion Vice Mayor Ferguson moved to approve. Commissioner Weiland seconded the motion that carded unanimously. G. Approve "SURPLUS VEH~[CLE/EC~UZPMENT LIST" as submitted by Public Works Department and allow for the sale of same Bob Brown asked whether the date would be published if the items are sold at a public auction. Diane Reese, Rnance Director, explained that the last few times the cars were put on E-Bay and they found that is where they received the best pdces. They either are put on E-Bay or they do an auction with another city. l~loUon Vice Mayor Ferguson moved to approve. Motion was seconded by Commissioner McCray and carried unanimously. .1. Approve 2003-2004 City Manager Objectives Commissioner McCray felt that this item should be City Manager/Commission Objectives. He questioned whether all the objectives could be completed within the time frame of one year. City Manager Bressner hoped that he could report back in a year that a substantial portion of these objectives had been completed. Some are multi-year projects and might be done in phases. Commissioner McCray asked whether it was anticipated that the Wilson Center and Wilson Park improvements would be completed within a year. City Manager Bressner said that he hoped to be well underway. In the case of the Wilson Center and Wilson Park improvements, funding has been arranged for them so there should not be any major impediments unless there is land acquisition involved. The -1aycee Park project is subject to the Florida Inland Navigation District agreeing to what the City is willing to offer them. Commissioner Weiland asked regarding a time frame for awarding the design work to a firm for item #21 (SW Community Center). City Manager Bressner said that he hoped to do that this Fall. Commissioner McCray explained that his concern was that he wanted to give the City Nanager a large enough window to complete the objectives. Motion Commissioner McCray moved to approve the 2003-2004 City Manager/Commission objectives. Commissioner McKoy seconded the motion that carried unanimously. 9 Heetlng Minutes Regular City Commission Meeting Bovnton Boach. Florida Se~mtber 2, 2003 VZ. CODE COIqPI. ZANCE & LEGAL SETTLEMENTS: A. Uphold the Code Compliance Board's decision to reduce the fine in Case #99- 2187 from $1:L,675.00, plus $730.15 in administrative costs to $1,750.15 Motion Vice I~layor Ferguson moved to uphold the Code Compliance Board decision. Commissioner McCray seconded the motion that carded unanimously. PUBIJC AUDIENCE: INDZV~DUAL SPEAKERS WZLL BE LZMTI'ED TO 3-MINUTE PRESENTATIONS Alice Otis, 203 SW :~3t~ Street, spoke regarding a recent newspaper article. She wanted to assure anyone who was concerned that she made no reference to this Commission or its actions in the interview preceding the aKdcle. Herb Suss said that the Boynton Little League team is at the Marlin Stadium tonight. He attended the parade for the team on Saturday and said the City should be proud of them. Mr. Suss gave good marks to Attorney Cherof, the City Clerk, the Public Works Department, the Police Department, the Fire Department, the Parks Department, the Secretaries in the City Clerk's Office and the two Assistant City I~lanagers. There is a wealth of talent in the City and he applauded all City workers. Caneste Succe thanked the Chief and the Commission for their concern. There are over :L4,000 Haitian people living in the City. They realize that they must become more involved with the system and they will. He said there are many teenagers in the community that need help. He requested help at the Wilson Center for kids after school. Bob Brown said that some of his neighbors near the l:ntracoastal Waterway were getting concerned regarding the fill that has been there for approximately, six months. He said he was stuck in a bureaucracy and will be meeting with the head of the Army Corps of Engineers to get things moving. VZ~. PUBI.tC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTI'S A. Project: Boynton cOmmerce Center (ABAN 03-009) ~IN)b'I'POIVllfENT RE(~UE.~I'ED BY APPL[CANT.) Agent: Winston Lee, Winston Lee & Associates, Inc. Owner: Nyrot Realty, Inc. Location: Southwest corner of 1-95 and Woolbright Road Description: Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID City Attorney Cherof swore in everyone who would be testifying. 10 Meeting Minutes Regular City Commission Meeting Bovnton ~-_---:h. FIo~=_ SeDtember 2, 2003 Ed Breese, Principal Planner, explained that this project is immediately south of the Lowe's Center. The applicant intends to vacate the southern portion of the existing 65' ingress/egress and utility easement to facilitate the development of an industrial project. This will not reduce the driveway width but simply remove the easement that runs along the side of it. Once this easement is vacated, it will be used for parking and a new 6' wide utility easement will be dedicated to BellSouth for their underground conduit. He said that only the Engineering Division had comments. Mayor Broening asked whether the applicant agreed to the conditions imposed by staff. 3oni Brinkman, Winston Lee & Associates, agreed to all of the conditions. HoUon Commissioner McCray moved to approve. Commissioner Weiland seconded the motion that carried unanimously. B. Project: Arb¥'$ (COUS 03-004) Agent: Robert Basehart, Basehart Consulting, Inc. Owner: Schiappa Foods Corporation, Inc. Location: South side of Old Boynton Road immediately west of entrance to Wal-Mart Supercenter Description: Request for site plan/conditional use approval for a 3,094 square foot fast food restaurant with a drive-through facility City Attorney Cherof swore in everyone who would be testifying. Ed Breese, Principal Planner, presented the project. He explained that north of this project is the Old Boynton Road right-of-way, to the south is the Wal-Mart Supercenter, to the east is the main access ddve into Wal-Mart and to the west is the Quarterdeck Restaurant. This parcel is the last vacant parcel within the Wal-Mart Supercenter. The reason for the conditional use is the drive-through facility. Staff looked very closely at this drive-through facility with a concern of how it would look from Old Boynton Road. The applicant proposes to heavily landscape the corner at the entry drive as well as havea driveway island along the drive-through that will be heavily planted. Mayor Broening asked whether the applicant agreed to the conditions. The applicant agreed to all the conditions. Notion Commissioner McCray moved to approve. The motion was seconded by Commissioner McKoy and carried unanimously. ZX. CZTY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tab/ed on 5/20/03) Heeting Hinutes Regular City Commission Heeting Bovnton Beach, Florida Seatember 2, 2003 This item remained on the table. X. FUTURE AGENDA TFEIqS: A. Follow-up Meeting with CRA on Development Issues (September 2003) B. 2nd Public Hearing regarding Budget (September 16, 2003) C. Proposed Resolution regarding Code of Ethics for City Commission and appointed boards within the City (September 16, 2003) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the pedod of thirty years from the date of acceptance (September 16, 2003) E. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (October 2003) F. High School Task Force Report (December 2, 2003) G. Proposed Lease Agreement with Boynton Woman's Club ('I'BA) H. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, [nc. of Boynton Beach in the amount of $7,500 )CT. NEW BUSZNESS: A. Discussion regarding proposed off-premise sign at Texaco Station (Tab/ed on 8/$/03- Request table to 9/.~ E/03) This item remained on the table. )CTT. LEGAL: A. Ordinances - 2"d Reading - PUBI_[C HEARING :t. Proposed Ordinance No. 03-040 Re: Amending Chapter 9, Fire Protection and Prevention, Article [[! of the Code of Ordinances, by amending Section 9-29, providing for designation and appointment criteria of the Fire Marshal and Assistant Fire Marshal City Attorney Cherof read Proposed Ordinance No. 03-040 by title only. 12 Meeting Minutes Regular City Commission Meeting Bovnt~_n ,~=~, Florida Seotember 2, 20Q3 Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-040. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. O3-OO1 Re: Annexation of a ±9.7a,-acre parcel for the purpose of pursuing development within the City of Boynton Beach (Serrano at Beynton) City Attorney Cherof read Proposed Ordinance No. 03-041 by title only. Commissioner McCray moved to approve Proposed Ordinance No. 03-041. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carded unanimously. 3. Proposed Ordinance No. 03-002 Re: Amending the Comprehensive Plan Future Land Use Map from MP~-5 (,Palm Beach County) to Low Density Residential (LDR) at 4.13~ units/acre (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-042 by title only. MoUon Commissioner McCray moved to approve Proposed Ordinance No. 0:3-042. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 4. Proposed Ordinance No. O3-O43 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 (Serrano at Boynton) City Attorney Cherof read Proposed Ordinance No. 03-043 by title only. Motion Vice Mayor Ferguson moved to approve. Proposed Ordinance No. 03-043. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 5. Proposed Ordinance No. 03-044 Re: Abandonment of an existing ingress/egress easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-Oa~ by title only. 13 HeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florida Seotember 2. 2003 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-044. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 6. Proposed Ordinance No. 03-045 Re: Abandonment of a Florida Power and Light easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No. 03-0~5 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-0a,5. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 7. Proposed Ordinance No. 03-046 Re: Abandonment of a portion of a utility (water) easement (Boynton Commerce Center) City Attorney Cherof read Proposed Ordinance No, 03-046 by title only. NIoUon Commissioner McCray moved to approve Proposed Ordinance No. 03-046. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 8. Proposed Ordinance No. 03-047 Re: Revisions to the Personnel Policy Manual City Attorney Cherof read Proposed Ordinance No. 03-0~7 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 03-047, Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances- 1s~ Reading 1. Proposed Ordinance No. 03 -048 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 4_1 limiting the distance a dock can extend into the canal to one-third (1_/3) of the canal width, to reduce the percentage to one-quarter (:[/4) to coincide with regulations of other agencies City Attorney Cherof read Proposed Ordinance No. 03-048 by title only. Ed Breese, Principal Planner, explained that the philosophy behind this proposed change is to remain consistent with other regulatory bodies. The second reason is to ensure that when bNO 14 Meeting Minutes Regular City Commission Meeting Bovnton _m~ch, Florida SeDtember 2, 2003 neighbors have docks extending out into the waterway, there is adequate right-of-way to navigate. He explained that there are three categories. · Legal Non-conforming Docks/Marine Facilities - facilities that were previously permitted to be up to the maximum of 33% of the canal width. These facilities would be able to remain and be maintained. They would not be able to increase in size. · Newly Permitted Oocks - would be allowed to encroach no more than 25%. · Unpermitted Docks/Marine Facilities - they would need to meet all permitting requirements and encroach no more than 25%. Commissioner Weiland asked how many are unpermitted. Mr. Breese said he did not know whether the Building Department had this figure. They looked at the last ten that came in for dock permits and they all met the requirements of the proposed ordinance. Commissioner Weiland asked whether there would be inspections after the second reading of the ordinance to determine whether there are unpermitted, illegal docks. City Manager Bressner said that staff could give the Commission this informaUon before the second reading. Vice Mayor Ferguson felt that the Commission needed to know how many unpermitted docks there are. He asked over what period of time the ten dock permits were issued. Mr. Breese replied that they were over the past five years. City Manager Bressner stated that staff would prepare an inventory of what is out there because the issue of unpermitted docks is potentially an area of follow-up enforcement for the City. He said that now the City's regulations are not consistent with the DEP and the Corps of Engineers. City Manager Bressner asked whether the Commission wanted to approve this ordinance on first reading and have staff prepare a report for them or table the item. Commissioner McCray asked whether there was an urgency for this ordinance. City Manager Bressner said there was not. He explained that this was a result of an encroachment problem with a dock that existed for many years. City Attorney Cherof noted that it would be. beneficial to have this ordinance in place before the end of the hurricane season. The consensus of the Commission was that this item should be tabled. Notion Vice Mayor Ferguson moved to table this item. Commissioner McCray seconded the motion that carried unanimously. 15 NeeUng Ninutes Regular City Commission NeeUng Bovnton Beach, Florida Sentemb,~-__ 2. 200~ 2. Proposed Ordinance No. O3-O49 Re: Amending Chapter Compensation of the Personnel Policy Manual by creating a new subsection 09 entitled "Travel Reimbursement" City Attorney Cherof read Proposed Ordinance No. 03-049 by title only. Commissioner Weiland felt that the allowance for meals was not adequate. He suggested increasing breakfast to $7 or $8, lunch to $12 and dinner to $20 or $22. Commissioner McCray asked whether Boynton Beach's allowances were similar to other communities. City Manager Bressner said that the City's allowances have not changed for years. He.agreed with Commissioner Weiland that these figures should be updated. NoUon Commissioner McCray moved to approve Proposed Ordinance No. 03-049 with the amendment that the meal allowance for breakfast would be $8, lunch $12, and dinner $20. Vice Mayor Ferguson seconded the motion. Commissioner Weiland suggested that item d would also need to be amended to read "total for twenty-four hour pedod, $~t0." Commissioner McCray amended his motion to include this wording and Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 3. Proposed Ordinance No, 03-050 Re: Amending Chapter !! Administration, by deleting Section 2-15 Per Diem and Travel Expense Schedule in its entirety City Attorney Cherof read Proposed Ordinance No. 03-050 by title only. Notion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-050. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: None D. Other: None XXXX. UNFXNXSHED BUSXNESS: None 16 ' Heeting Htnutes - ~ -'-r City commission 14eeung XZV. AD3OUI~IMENT: There being no further businesS, the meeting property adjourned at 7:39 p.m. CTI'Y OF BoYNTON BEACH Mayor Vice Mayor ~ommiSsioner ATTEST: ~"~mmissioner ~~ ~oommissioner · . _.L~:Clerk ! ;~ DepuW t.lW (913103) ~7 V.-CONSENT AGENDA ZTEf4 A.2. MZNUTES OF THE SPECZAL CZTY COMMZSSZON ML_. COMMZSSZON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORZDA~ ON THURSDAY, SEPTEMBER 4, 2003 AT 6:00 P. t4~ Pr~s~n~ Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Carl McKoy, Commissioner Ron Weiland, Commissioner Mayor Broening announced that the purpose of this meeting was to have the first budget headng for the fiscal year 2003/04. He explained that during this meeting the Commission would adopt the proposed millage rate for the fiscal year 2003/04, adopt the tentative budget for the same fiscal year and have the first reading of the ordinance regarding the budget for the fiscal year 2003/04. Discussion can be combined but there would be separate motions. City Attorney Cherof noted that this is the first substantive step in the adoption of the budget pursuant to Rorida Statute. The Statute provides that the general public is allowed to speak and to ask questions pdor to the adoption of any measure by the Commission. The two measures are the adoption of the millage rate and the budget. The first item is the proposed percentage increase in millage over the rolled-back rate. At the conclusion of the discussions, the first item that will be adopted by the Commission will be the resolution adopting the millage rate, followed by the resolution adopting the tentative budget. 1. First Budget Public Hearing for Fiscal Year 2003/04 Budget Mayor Broening asked if anyone from the audience wished to speak. Lois Lanerf Dos Lagos~ questioned why the City is proposing a 30% increase in her condominium. Commissioner Weiland said that this would be due to an increase in the valuation of her home· Mayor Broening explained that Ms. Laner would need to address this issue with the Palm Beach County Tax Assessor. Ms. Laner said that the fire assessment was supposed to be a one-time item and now it appears on her tax bill again. Mayor Broening explained that the fire assessment was for seven years. This matter will be heard at a public hearing on September 11~. City Manager Bressner asked Ms. Laner whether she had the $25,000 homestead exemption. She said she did not. He then explained to her that if someone owned property for more than one year and they had the homestead exemption, they were eligible for the Save Our Homes constitutional amendment. This amendment limits the increased assessed value of property to 3% or to the cost of living, whichever is lower. If she did not have homestead on her property, she was subject to market conditions. Meeting Minutes Special City Commission Meeting Bovnton Beach. Florida S=-_-~te__mber 4, 2003 City Manager Bressner said that just as a point of information, he calculated that on his own property taxes, he would save $12 based on going from the 7.6 to the 7.5 rate. City Attorney Cherof read Proposed Resolution No. R03-157 by title only. He announced that the proposed millage rate is 7.34% above the computed rolled-back rate. The second Public Hearing will be on September 16~h at 6:00 p.m. in Commission Chambers. Motiofl Vice Mayor Ferguson moved to approve Proposed Resolution No. R03-].57. Commissioner McCray seconded the motion that carded unanimously. 3. Proposed Resolution No. R03-].58 Re: Adopting the Tentative Budget for Fiscal Year 2003/04 Mayor Broening asked for any comments from the Commission. Commissioner McCray wanted to make sure that the $5,000 for the Track Team was in the budget. City Manager Bressner said that it was. The Track Team will be eligible for up to $5,000 based on them providing the necessary receipts. Mayor Broening asked if anyone from the audience wished to comment or ask questions. No one wished to speak. Motion Vice Mayor Ferguson moved to approve the tentative budget. Commission McCray seconded the motion that carried unanimously. City Attorney Cherof read Proposed Resolution No. R03-158 by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. R03-].58. Vice Mayor Ferguson seconded the motion that carried unanimously. 4. Rrst Reading of Proposed Ordinance No. 03-051 Re: Adopting the Final Budget for Fiscal Year 2003/04 City Attorney Cherof read Proposed Ordinance No. 03-051 by title only. ;'. Mayor Broening asked whether anyone from the audience wished to comment or ask a question. No one wished to speak. Motioll Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-05].. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Meeting Minutes Special City Commission Meeting Bovnton Beach, Florida Seotember 4, 2003 There being no further business, ~he meeting properly adjourned at 6:15 p.m. cTrY OF BOYNTON BEACH Mayor Vice Mayor . ATTEST: Commissioner City Clerk Commissioner ? . Deputy City Clerk Commissioner (9/5/03) 4 Heeting Hinutes Special City Commission Heeting l)ovnton _Rea__ch, Florida ~atember 4, 2003 Claire Verola, Dos Lagos, questioned what the limit was on the increase if someone is not a permanent resident in this state. City Manager Bressner said there was no limit. He explained that it is not a decision that the City makes. The County Assessor's Office evaluates the value of property in Palm Beach County. It is based on comparable sales in the area and market conditions. Ms. Verola said that she had a homestead exemption on her property. She was inquiring regarding the increase for family members who do not have the homestead exemption. 2. Proposed Resolution No. R03-157 Re: Adopting the Proposed Millage Rate for Fiscal Year Millage Rate for Fiscal Year 2003/04 Mayor Broening sz that because of refinancing some existing bonds and other debt, City staff has come up with ~::pproximately $450,000 in a very tight budget year. The question is whether to increase the budget this year, reduce the millage or put the money back in reserves. Commissioner McCray asked what the current millage rate was. City Manager Bressner answered that the base millage rate is 7.6 and the total rate is 7.998 including the debt service. City Manager Bressner said that after the Commission takes any additional public comments, it will be necessary to make a policy decision as to which rate the Commission chooses, the 7.5 or 7.6 base rate. Commissioner McCray asked whether the City could live within the means of a millage rate of 7.5. City Manager Bressner said that it could. Vice Mayor Ferguson felt that the tax millage should be reduced because of the proposed fire assessment and the increase in valuations. Motion Vice Mayor Ferguson moved to reduce the tax millage rate to a base of 7.5 mills. Commissioner Weiland seconded the motion. Commissioner Weiland asked whether the money the City borrowed from the reserve last year to balance the budget had to be paid back ~lt some point. Diane Reese, Finance Director, answered no. She explained that $3.8M of the fund balance was applied last year. There will be approximately $1.4M of that remaining that will not be spent. Therefore, that portion will go back into the fund balance. Vote The motion carried unanimously. V.-CONSENT AGENDA O CITY OF BOYNTON BEACH ITEM B.1 AGENDA ITEM REQUEST FO1C,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to Cit3' Clerk's Office Meeting Dates 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) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF SULFURIC ACID", Bid# 082-2821-03/JA, to Sulfuric Acid Trading Company (SATCO) of Tampa, Florida, for an estimated annual expenditure of $120,000.00. EXPLANATION: On August 19, 2003, Procurement Services opened and tabulated three (3) bids. All bids were reviewed by Utilities Department and it was determined that Sulfuric Acid Trading Company of Tampa, Florida, was the most responsive, responsible bidder for recommended award. Although Shrieve Chemical Company of Woodlands, Texas had a tie in the sulfuric acid unit price per pound of $ 0.03, it is being recommended for award to SATCO as they have provided excellent service and delivery time in the past two years. Dave Ailstock, Chief Operator, Public Water Treatment, concurs with this recommendation (see attached memo # 03-138) PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the purchase of sulfuric acid. The West Water Treatment Plant uses 98% sulfuric acid to lower pH of the feed water to prevent calcium carbonate (CaCO3) from precipitating onto the membrane surface during the water treatment process. The West Water Treatment Plant anticipates using 3,945,285 pounds for this one (1) year period. FISCAL IMPACT: ACCOUNT NAME/NUMBER ESTIMATED Process Chemicals ANNUAL EXPENDITURE 401-2811-536-52-35 Deputy Director of Financial Services City Manager's Signature Procurement Services ~ ~- Department Name City Attorney / Finance / Human Resources · cc: Dave Ailstock Chief Operator, Public Water Treatment Bob Kenyon - Deputy Director of Utilities Barb Conboy Administrative Coordinator, Utilities Tom Fitzgerald - Chief Operator, Utilities, East Water Treatment Plant John Reynolds _ Chief Operator, Utilities, Water Distribution File S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC o · w ~w ~ o ~- ,,x, ~> oz _ -- ~- ~- LLI W UJ W ,~ m LIJ 0 > zZ o r.~ CE .j LLI [-4 0 -- '<~ ~:~ w w z w oo Z ~ ~ 0 o w C) T :3 mn' m ~: ~ ~ ~ m o Lu O3 0 03 LL ~jj .~ ~ f,~ zzo - n om on w <~ ° 0 Z oo ~ ~ ~ z w ~_~ ,T~ ,TO w =~ w ~ a303~ w ~ < ~ nn w~ w 0 UTILITIES DEPARTMENT MEMORANDUM NO. 03-138 RECEIVED TO: Bill Atkins, Deputy Director of Finance ~ROCU~S~V~C~S FROM: R. David Ailstock, Chief Operator, Pubhc~Water Treatment THRU: Robert L. Kenyon, Deputy Director of UtilitSes DATE: August 27,2003 SUBJECT: Purchase of Sulfuric Acid - Bid #082-2821-03/JA Agenda Item Ninety eight percent (98%) sulfuric acid is used at the West Water Treatment Plant to lower the pH of the feed water to prevent calcium carbonate (CaC03) from precipitating onto the membrane surface during the treatment process. The current bid with Sulfuric Acid Trading Company (SATCO) for the purchase of sulfuric acid, has expired and can no longer be extended. We received three bids, two of which were ~ 3 cents per pound. Sulfuric Acid Trading Company (SATCO) was tied with one other company as the lowest price per pound. Bid number 082-2821- 03/JA opened on August 19, 2003. We recommend awarding the bid to purchase sulfuric acid for $120,000 from Sulfuric Acid Trading Company (SATCO) as they have provided excellent service for the last two years; tied the lowest price; and have the fastest delivery time. We anticipate using 3,945,285 pounds per year. Please place this item on the next City Commission agenda to approve the bid for Sulfuric Acid Trading Company (SATCO) for the 2003-04 Budget Year. These funds will be available in account number 401-2811-536-52-35. If you have any questions, please contact Bob Kenyon at Ext. 6402 or Dave Ailstock at Ext. 6453. Attachments /gmb Bc: Dave Ailstock Xc: Bob Kenyon Barbara Conboy Tom Fitzgerald John Reynolds File BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-03 l0 Telephone: (561) 742-6322 Broadcast Date (City): July 18, 2003 Bid Title: ANNUAL SUPPLY OF SULFURIC ACID Bid Number: 082-2821-03/JA Bid Received By: August 19, 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: August 19, 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: Sulphuric Acid Trading Company, Inc. (SATCO) Federal I.D. Number: 59-3424337 A Corporation of the State of: Florida Area Code: 813 Telephone Number: 225-2000 Mailing Address: 102 West Whiting Street, Suite 500 City/State/Zip: Tampa? FL 33602-5140 Vendor Mailing Date: 8-18-03 Airborne Overnight ~ l/ A/ct~/~zed Signature ~J~es C. Wil. son~ General Manager Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 SPECIFICATIONS FOR ANNUAL SUPPLY OF SULFURIC ACID The City of Boynton Beach Utilities Department is seeking a firm price per pound for one (1) year for the purchase of Sulfuric Acid to be used at the West Water Treatment Plant, located at: 5469 W. Boynton Beach Boulevard, Boynton Beach, Florida. 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 3-4) with the proposal sheet in order for a bid to be considered. For your own records, it is suggested that you make and keep a copy of the Specifications. x Acceptable Standard: 98% Grade Sulfuric Acid x Sulfuric Acid will be shipped as Liquid Sulfuric Acid x Delivery will be a twenty-three (23) ton minimum load (3,000 gallons). x Total Anticipated Annual Volume (not guaranteed) is 4,000,000 lbs. (260,586 gallons). x The bidder must submit a certificate of compliance and a certified analysis, as to the composition of the product with the bid. x The successful bidder's shipper is responsible for matching our receiving tank equipment with the proper tank truck discharge system. x The successful bidder must supply M.S.D.S. (Material Safely Data Sheets) on the product and conduct a one (1) hour safety seminar on site for staff who will handle this material. x The successful bidder will provide a representative to visit the plant a minimum of two ~ (2) times per year to coordinate shipping, safety, unloading, and to inspect the results of the product on the feed system. x The successful bidder will supply copies of the manufacturer's shipping and handling safety procedures. x Deliveries will be between the business hours of 7:00 A.M. and 3:00 P.M., Monday through Friday with the exception of holidays. 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 3 x The City's Laboratory may randomly sample product delivery and if material does not meet specification(s), the product will be rejected and may be returned to manufacturer at no cost to the City of Boynton Beach. x Sulfuric Acid (Liquid) 98% Grade Specifications, as specified in chart below: SULFURIC ACID 98% GRADE SPECIFICATION SPECIFIC GRAVITY ~ 60° F 1.835 FREEZING POINT -29° F ARSENIC (As) <0.02 PPM AMMONIA <0.01 PPM ANTIMONY (Bb) <0.5 PPM BARIUM (Ba) <0.4 PPM CADIUM (Cd) <.025 PPM CHROMIUM (Cr) <.33 PPM CHLORIDE <0.2 PPM COPPER (Cu) <0.06 PPM HARDNESS AS CaCO3 <5 PPM IRON (Fe) < 18 PPM LEAD (Pb) <0.2 PPM MANGANESE (Mn) <0.2 PPM MERCURY (Hg) <0.002 PPM NICKEL (NI) <0.18 PPM NITRATES <5PPM SELENIUM (Se) <0.01 PPM SILVER (Ag) <0.05 PPM PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: August 18, 2003 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 product/service called for. When submitting more than one bid proposal price for this product, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. Anticipated annual volume is 4,000,000 pounds per year. Product Brand: Sulfuric Acid - 98% Grade - Liquid The undersigned proposes to deliver the product/service in accordance with the specifications for the sum off SULFURIC ACID: $ 0.0282 per blet Pound Unit Price Per Pound ALL PRICES F.O.B. BOYNTON BEACH Unit price per pound shall be firm throughout the contract period. It is further agreed that the product will be delivered within one calendar days from the date of the order. Number of Bid Proposals submitted One Specification "check-off" sheets (Pages 3-4) submitted Ye s Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 Certificate of Compliance enclosed '/es Yes/No Certified Analysis of Product Composition enclosed '/es Yes/No COMPANY NAME -/~ SIGNATURE / ? / James C. Wilson PRINTED NAME ( 813 ) 225-2000 General Manager TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ' SS COUNTY OF PALM BEACH ) 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 commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Sworn and subscribed before me this 18th day of August ,20 03__ Printed Information: James C. Wilson NAME General Manager NOTARY PUBLIC, State of Florida at Large Sulphuric Acid Trading Company, 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 MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 18 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 drug 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 this firm complies fully with the above requirements. ~ THIS PAGE TO BE SUBMITTED ALONG WI]7it/}~ROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMI~'~TE AND ACCEPTABLE 19 S~O Suite 102 W.500 Whiting St re et Tampa, Florida 33602 Sulphuric Acid Trading Comp~tny, Inc. Telephone (813) 225-2000 FAX (813) 225-1001 EXCEPTION TO A SPECIAL PROVISION Page 9 Purchasinq Agreements with Other Government Aqencies We agree that ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FL may consider inclusion in this bid package with the exception of "for the same price". Pricing will be adjusted due to freight cost differentials. Sulphuric Acid Trading Company, Inc. Suite 500 Tampa, Florida 33602 Telephone (813) 225-2000 FAX (813) 225-1001 Certificate of Compliance As exhibited by the attached copies, the sulphudc acid represented by this bid will be sourced from either TECO Polk Power Plant in Mulberry, Florida, for which SATCO is the exclusive marketing agent or SATCO's Terminal in Tampa; both entities are certified by ANSI/NSF Standard 60, the NSF Drinking Water Additives Certification Program. This Certification represents that this product conforms to all applicable requirements of NSF Standard 60 and all applicable program policies. Signed by: ~,//~.~ L~. /,,~,~2_~ Date: August 18, 2003 a~V~. Wilson, General Manager S~r~O 102 W. Whiting Street Sulphuric Acid Trading Coml~any, inc. Suite 500 Tampa, Florida 33602 Telephone (813) 225-2000 SULPHURIC ACID SPECIFICATIONS FAX (813) 225-1001 ACTUAL COMPOSITE SAMPLE Chemical Parameter 98% HzSO~ Sulphuric Acid 98.82% Iron (Fe) 12.7 ppm Lead (Pb) 0.1 ppm Antimony (Sb) <1.0 ppm Copper (Cu) <0.25 ppm Zinc (Zn) <0.5 ppm Mercury (Hg) <0.001 ppm Arsenic (As) <0.05 ppm Selenium (Se) <0.05 ppm Platinum (Pt) <1.0 ppm Sulfur Dioxide (SO2) 15.0 ppm Nitrates (NO3) <5.0 ppm Chloride (CI) <0.2 ppm Barium (Ba) <0.5 ppm Cadmium(Cd) <0.1 ppm Chromium (Cr) <0.25 ppm Oxidizable Impurities, mi of 0.2 N KMnO~J25ml acid 0.3 mi Total Organics <1.0 ppm · NSF Certified Products - Public Water SupPly Treatment Chemicals Page 1 NSF Product and Service Listings These Listings were Last Updated on Thursday, July 03, 2003 at 4:15 AM Eastern Time. Please c_ontact NSF Internationa! to confirm the status of any Listing, report errors, or make suggestions. Warning: NSF is concerned about fraudulent downloading and manipulation of website text. If you have received this listing in hard copy, always confirm this certification/listing information by going directly to ht_l!g;/iwww.nst.orglCertifiedIPwsChemlcalslL~stings. ~CompanyName=Suiphuric&ChemicalName=Sulfuric+Acid&PlantState=Florida+FL& for the latest most accurate information. ANSI/NSF STANDARD 60 Drinking Water Treatment Chemicals - Health Effects SULPHURIC ACID TRADING COMPANY, INC. (SATCO) 102 W. WHITING STREET SUITE 500 TAMPA, FL 33602 800-633-1358 813-225-2000 Plant at: MULBERRY, FL Sulfuric Acid Product Function Max Use Trade Designation Corrosion & Scale Control 50mg/L Sulphuric Acid pH Adjustment Plant at: TAMPA, FL Sulfuric Acid Trade Designation Product Function Max Use Sulphuric Acid Corrosion & Scale Control 50mg/L pH Adjustment Number of matching Manufacturers is 1 Number of matching Products is 2 Processing time was 0 seconds Home[ AboutNSF I Contact NSF ~ Site Map] Search i News [ lvlarks http://www~nsf.~rg/Certi~ed/PwsChemica~s/Listings.asp?C~mpanyName=Su~phuric&Trade... 7/3/2003 SATCO Sulphuric Acid Trading Company, Inc. 102 w. Whiting Street, Suite 500, Tampa, FL 33602.5140 PH: 800-633-1'358 FX: 813-225.1001 SULPHURIC ACID MSDS MATERIAL SAFETY DATA SHEET IN CASE OF EMERGENCY, CALL CHEMTREC @ 1-800-424-9300 · Revision Date: June 15, 2000. I. D Nil N PRODUCT NAME - SULPHURIC ACID, Concentrated CAS NO. - 7664-93-9 CHEMICAL FAMILY - Inorganic Acid MOLECULAR WGT - 98 CHEMICAL NAME - Sulfuric Acid FORMULA - H~SO4 SYNONYMS - Oil of Vitdol, Battery Acid DOT CLASS - Corrosive Material, UN 1830 I1. COMPOSITION HAZARDOUS INGREDIENTS: % CAS NO. Sulphurlc Acid ..................................................................... 93 - 98 7664-93-9 OTHER INGREDIENTS: Water, approximate .............................................................. 2 - 7 7732-28-5 NOTE: Contains sulphurlc acid, which is subject to the reporting requirements of Section 313 of the Emergency Planning and Community Right-To- Know Act of 1986 and of 40 CFR Part 372. !Il. PHYSICAL DATA BOILING-POINT - 535 to 586OF SPECIFIC GRAVITY (H20=1)- 1.84 VAPOR PRESSURE, mm Hg, 77°F - Less than 1 PERCENT VOLATILE - 0 at 77°F SOLUBILITY IN WATER - Complete pH, 1% SOLUTION - Approximately 1 APPEARANCE AND ODOR - Clear, colorless, odorless oily liquid. IV. FIRE AND EXPLOSION HAZARD DATA FLASH POINT - Does not bum. FLAMMABLE LIMITS - Not applicable REACTS with many metals to form flammable and explosive hydrogen gas. Reacts violently with water and many organic materials. Contact with water causes evolution of heat, and may cause spattering. Heat of a fire could cause evolution of sulphurlc acid mist or sulphur trioxide. USE water spray to cool sulphudc acid containers to prevent rupture. Firefighters and emergency personnel should use self-contained breathing apparatus and full acid-resistant clothing. V. REACTIVITY DATA STABILITY - Sulphurlc acid is stable under normal conditions. HAZARDOUS POLYMERIZATION will not occur. INCOMPATIBILITY (Materials to avoid) - Reaction with many metals may cause evolution of flammable and explosive hydrogen gas. Contact with strong alkalis, strong oxidizers, or combustible materials may cause spattering of the acid and liberation of heat. Contact with sulfides or cyanides may cause release of toxic gases. HAZARDOUS DECOMPOSITION PRODUCTS . At very high temperatures may release sulphur dioxide or sulphur trioxide. VI. HEALTH HAZARD DATA OSHA Permissible Exposure Limit and ACGIH TLV is a time-weighted-average of 1 mg/m3. The ACGIH Short Term Exposure Limit (STEL) is 3 mg/m3. Sulphuric acid is not considered to be a cancer-causing matedal by OSHA, NIOSH, or IARC. ROUTES OF ENTRY - Lungs (breathing), ingestion (swallowing), skin contact. EFFECTS OF OVEREXPOSURE: INGESTION: MODERATELY TOXIC. Corrosive to the mouth, teeth, throat and stomach. Human oral LDLo=135 rog/kg. May cause gastrointestinal disturbances Symptoms may include salivation, irritation, throat bums, nausea, abdominal pain, vomiting and diarrhea. SKIN: EXTREMELY IRRITATING AND CORROSIVE. Contact may cause reddening, itching, inflammation, blistering and tissue damage. Extent of bums may not become apparent for several hours after contact. EYE: EXTREMELY IRRITATING AND CORROSIVE. Direct contact may cause conjunctivitis, corneal ulceration and permanent Injury. INHALATION: HIGHLY TOXIC. Mouse LC50=320 ppm/2 hrs. May cause respiratory tract irritation, throat bums, constriction of the windpipe, severe pulmonary edema and death. May also cause inflammation of the stomach, bronchitis, and tooth erosion. Exposure may cause symptoms similar to those listed under "INGESTION". SPECIAL TOXIC EFFECTS: No Data. Sulphuric Acid Page 2 Of 2 VII. FIRST AID INGESTION: DO NOT INDUCE VOMITING. If victim is conscious, give 1-3 g!_~__~s of water or milk to dilute stomach contents. Get immediate medical attention. SKIN CONTACT: REMOVE contaminated clothing immediately and flush area of contact with copious water for at least 15 minutes. Wash area of contact thoroughly with soap and water. Place contaminated clothing in closed container for storage until discarded. Get immediate medical attention. EYE CONTACT: FLUSH immediately with large amounts of water for at least 15 minutes. Eyelids should be held away from the eyeball to ensure thorough dnsing. Do not wait for symptoms to develop. Get immediate medical attention. INHALATION: REMOVE affected person from source of exposure. If not breathing, institute cardiopulmonary rasusdtation (CPR). If breathing is difficult, give oxygen. Keep affected person warm and at rest. Get immediate medical attention. NOTE TO PHYSICIAN: If inhalation exposure has occurred, patient should be observed for latent pulmonary edema for at least 30 hours. VIII. PERSONAL PROTECTION INFORMATION EYE PROTECTION: WEAR chemical safety goggles and face shield. Do not wear contact lenses when working with this substance. Have eye baths readily available where eye contact can occur. SKIN PROTECTION: WEAR impervious gloves and protective clothing to prevent skin co~tact. PVC or neoprene gloves and clothing are recommended. Skin contact should be avoided at all times. Provide safety showers at locations where skin contact can occur. RESPIRATORY PROTECTION: USE NIOSH approved respirator when airborne exposure limits are exceeded and when required for non-routine and emergency use. Ventilation may be used to contrOl or reduce airborne concentrations. IV. ENVIRONMENTAL INFORMATION EMERGENCY ACTION: Stay upwind of spills and keep out of Iow areas. Isolate hazard area and keep unnecessary peopte away. Also see Personal Protection Information section. SPII~L, OR RELEASE TO THE ENVIRONMI~NT: If your facility or operation has a 'Hazardous Substance Contingency Plan', activate procedures as outlined. Caution should be exercised regarding personnel safety and exposure to the spilled material. Take immediate steps to stop and contain the spill. For technical advice and assistance related to chemicals, contact CHEMTREC (800) 424-9300 and your local fire departmenL NOTIFICATION: The reportable quantity for this material is 1,000 pounds. Any spill or other release of this material to the air, water or land (unless entirely contained to the workplace) equal to or in excess of the reportable quantity must be reported immediately to the National Response Center (800) 424-8802 as required by U.S. Federal law. Similarly, any release of a reportable quantity or greater of this matedal must also be reported immediately to the Community Emergency Coordinator for the Local Emergency Planning Committee and to the State Emergency Response Commission. Failure to properly report spills or releases may result in civil and criminal penalties. SPILL OR LEAK PROCEDURE: Do not apply water unless directed to do so. Do not get water inside container. Use water sprays to reduce vapors but do not put water on leak area. Do not touch spilled matedaL Stop leak only if it can be done without risk. Keep combustibles (wood, paper, oil, etc.) away from spilled material. Dike spill for later disposal. Clean-up only under supervision of an expert. Hydrated lime may be used to neutralize residue. WA~TI~ DISPOSAL: Sulphuric acid, when discarded or disposed of, is not specifically listed as a hazardous waste in Federal regulations. However, sulphuric acid and mixtures containing it having a pH of 2 or less are considered corrosive, and are assigned EPA Hazardous Waste Number D002. (See 40 CFR 261 .) Additionally, this material could be designated as hazardous according to state regulations and/or could become a hazardous waste if it is mixed with or comes in contact with a hazardous waste. If such contact or mixing has occurred, check 40 CFR 261 and 262, 263 and 264 to determine what, if any, disposal requirements apply. The transportation, storage, treatment and disposal of waste matedal must be conducted in compliance with all applicable Federal, State and local regulations. ADDITIONAL ENVIRONMENTAL REGULATORY INFORMATION: There may be specific regulations at the local, regional or state level that pertain to this material. HANDLING/STORAGE: Store in tightly dosed containers in cool, dry, isolated, well-ventilated area away from heat, sources of ignition and incompatibles. Do not eat, ddnk or smoke in areas of use or storage. Empty containers may contain toxic and corrosive residue or vapors. Do not cut, grind, drill, weld or reuse containers unless adequate precautions are taken. I X. TRANSPORTATION RECIUIREMENTS D.O.T. HAZARD CLASS (49 CFR 172.101): 8 D.O.T. PLACARDS REQUIRED: Corrosive D.O.T. PROPER SHIPPING NAME (49 CFR 172.101): Sulfuric*Acid UN/NA CODE: UN 1830 D.O.T. LABELS REQUIRED (49 CFR 172:101): Corrosive BILL OF LADING DESCRIPTION: Sulfuric Acid, 8, UN 1830, PG II, RQ The information, data, and recommendations contained herein are believed to be accurate. Sulphuric Acid Trading Company, inc. (SATCO) makes no warranty of any kind whatever with respect thereto and disclaims all liability from reliance thereon. ' V.-CONSENT AGENDA CITY OF BOYNTON BEACt ITEM C.1. AGENDA ITEM REQUEST FO ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office M~eting Dates in to City Clerk's Office _~ August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) i~ 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 (NO..o..~) [] Administrative [] Legal r~= _-~-':~ 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.'~'a ~a~d on approval, fees will be raised in the following manner (effective October 1, 2003): PERMITS Single Resident from $200 to $290 Family Resident from $300 to $430 Single Non Resident from $360 to $490 Family Non Resident from $500 to $680 DAILY FEES Adult (har-tru) from $6 to $ 7~person/1.5 hours Adult (composition) from $2 to $3/person/1.5 hours dunior (17 & under) from $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 trend 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 Deiray 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 from 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: Increase fees less then recommended or do not raise fees, and continue to subsidize the Tennis Center operation at current levels through the City's.~.~~~7~ tmd. City Manager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 03-75 TO: City Commission /_ FROM: Wally Majors, Recreation & Parks Director VIA: Kurt Bressner, City Manager DATE: August 27, 2003 SUBJECT: Tennis Courts Condition Analysis At the August 19, 2003 Commission Meeting, it was requested that staff seek the impartial opinion of qualified individuals, who are not affiliated with the City, regarding the condition of the courts at the City's Tennis Center on Congress Avenue. To accomplish this task, we developed an evaluation report form that included various features/components of the Tennis Center (EHIBITS A-D). The form was used by the individuals examining the courts, and will be used on a weekly basis by staff to help monitor conditions at the center. Rating on the form was based on the following criterion: RATING POOR Needs attention beyond regular daily or monthly maintenance activities AVERAGE Doesn't need attention other than daily or monthly routine maintenance GOOD Does not need any additional material, lines are flat, nets are clean, no algae accumulation, does not need additional rolling The primary areas being evaluated use a porous tennis court surface material consisting of natural crushed stone, brick, or tile that is ground, screened, well graded, and may or may not be mixed with a chemical binder to form a stable homogeneous mixture. Our court maintenance routine follows the recommendations set forth by the United States Tennis Court & Track Builders Association (USTCTBA). Daily maintenance on these courts includes: 1. watering 2. brushing lines 3. dragging 4. rolling RECEIVED 5. removing debris 6. checking lines to make sure they are flat and even with the court AUG 2 8 2003 7. checking for low areas 8. adding material if necessary CITY MANAGER'S OFFICE,] Page I of 3 Every three years each court is completely resurfaced. Monthly court maintenance includes: 1. removal of dead material (dead material does not have any more binding agent) 2. check brick line to see if it is level to ensure water run-off 3. removing foreign material (algae, weeds, leaves, trash) 4. scarifying each court 5. applying 6-8 (80 pound bags) of new material 6. leveling each court by brushing in three directions 7. roll and compact material 8. brush and clean lines The courts were evaluated by the following individuals: Philip A. Flanagan, President Certified member of the United States Professional Tennis Association (USPTA) PAF Tennis, Inc. Tennis Court Maintenance Services, Tennis Professional Services Loxahatchee, Florida George Todd, Jr., C.T.C.B., President Welch Tennis Courts, Inc. Sun City, Florida Frank Froehling, Supervisor FDC - The Fast-Dry Companies Pompano Beach, Florida John Joyce, Director of Tennis Certified member of USPTA Boca West County Club Boca Raton, Florida Mr. Froehling and Mr. Todd represent companies that are members of the USTCTBA. Summary of Evaluation Reports Copies of each of the evaluation reports are attached for your review. · Each of the evaluators rated landscaping, line tapes, net/straps, top dressing and windscreens as being in either "good" or "average". · Fencing was rated as being "poor" at all the courts by one of the evaluators, and at courts 1-2, 3-4 5-6 and 7-8 by another. Fencing is included our CIP schedule for next fiscal year. · One of the evaluators rated the canopy at courts 5-6 as being "poor". Page 2 of 3 · Court surface was rated as "good" or "average" at each court except for courts 11-12 and 15-16, Two evaluators rated the surface on courts 15-16 as being "poor". One rated the surface on courts 11-12 as being "poor". This was due to the accumulation of algae. · One evaluator rated algae as being "poor" at courts 11-12 and 15-16. Another rated algae as being "poor" in courts 11-12, 13-14, and 15-16. Two rated algae as being "poor" at all the courts. · Two evaluators provide comments indicating that algae is a point of concern at all tennis facilities using this type of court material. It becomes more prevalent during periods with a lot of rain. It is found primarily outside the playing area of the court and in any shaded area. When treated appropriately, algae is no more than a cosmetic issue. It does not have a significant affect on player movement. Staff is currently addressing the accumulation of algae on some of the courts by following the procedures recommended by the USTCTBA. This includes scarifying the surface and treating it with chlorine or other chemicals if necessary. Mr. Froehling's comments may be hard to read on the photocopy provided (exhibit C). He states: Scrape algae from perimeter (near fence) & between courts & under nets *4 Hydro retrofits (cts 11-12, 15-16) have algae creeping into playing area - need scarification/resurfacing Algae is a problem on all courts at all tennis facilities this time of the year. The 4 hydro retrofits cts (11-12, 15-16) need to be scarified. All other cts could use some scraping & removal of algae from perimeter (near fence) and under net. Rating (7 = Good- court surfaces (except 11-12, & 15-16) A = Average - algae P = Poor - cts 11-12 & 15-16 because of excess algae - need scarification We will continue to scarify the courts as needed. In summary, we believe these reports indicate that the courts are maintained properly, are safe, and in playable condition. We hope our patrons continue to offer us feedback regarding any points of concern about the Tennis Center. Maintaining a safe facility has been and will continue to be paramount in our efforts to operate a well managed facility. We will not hesitate to close the courts if inclement weather or other factors affect our ability to maintain a safe playing area. We will use the comments we received from our patrons to further enhance our efforts to make the Tennis Center an attractive recreational venue, and will continue to assertively solicit such feedback. /WlI1 C: Wilfred Hawkins Bob Howell (attachments) Page 3 of 3 BOYNTON BEACH TENNIS CENTER COURT/GROUNDS EVALUATION REPORT BANKS: ITEM: l&2 3&4 5&6 7&8' 9&10 ll&12 13&14 15&16 21 Algae Canopies /~ ~ ~ --"-'--'----~-------~-- c-~ Court Surface Fencing Landscaping Line Tapes Net/Straps Top Dressing Windscreens Parking Lot Sidewalks Signage Tables/Chairs Trash Cans Water Fountains COMMENTS: Signature: //~ ~//) Date: Rating G = Good A = Average IlXIIIBIT P = Poor BOYNTON BEACH TENNIS CENTER COURT/GROUNDS EVALUATION REPORT BANKS: ITEM: l&2 3&4 5&6 7&8 9&10 ll&12 13&14 15&16 21 Algae /~ 4~ 4 ~ ~,_ f ~ /9. Court Surface ,~t 4 ~ ~ ~/ 4 A Fencing ~ C ? ? ~ m /~ 4 Landscaping A ~ ~ ,4 A /~ [4 ~ Line Tapes ~ ~ ~ & ~ ~ ~ C Top Dressing 4' ~ a ~ ~ 4 ~ ~ Windscreens ~ 4 ~ A '~ 6 ~ ~ P~king Lot Sidew~ks Silage Table/Chairs Tr~h C~s Water Fount~ns COMMENTS: , Rating G = Good A = Average ~IBIT B P = Poor BOYNTON BEACH TENNIS CENTER COURT/GROUNDS EVALUATION REPORT iTEM: l&2 3&4 5&6 7&8' 9&10 ll&12 Canopies Fencing L~dscaping Line Tapes Top Dressing Windscreens P~king Lot Sidewalks Silage Tables/Chars ~r~h C~s Water Fo~tains COMMENTS: Y ' ~* ~ _. q ~ ~- ~+~. ~-~, · ,~ ~.../ f,.~ .~ ~ating A = Average BOYNTON BEACH TENNIS CENTER COURT/GROUNDS EVALUATION REPORT BANKs: ITEM: l&2 3&4 5&6 7&8 9&10 ll&12 Canopies ~ ~ & ~ ~ ~_~ Fencing L~dscaping Line Tapes Top Dressing Windscreens A P~king Lot Sidewalks Silage Tables/Chairs Trash C~s Water Fountains Siva=e: ~ Date: G = Good A = Average P = Poor Welch Tennis Tams CoUrts, Inc. Tram P. O. Box 7770 · 4501 U.S. Hwy. 41 S. Sun City, Florida 33586 www.welchtennis.com ~ Common - ~ng- Ligh~ng- ~ceuo~ George Todd, Jr., C.T.C.B. Phone (813) 641-7787 President Fax (813) 641-7795 Cell (727)42~-028S Toll Free 1 (800) 282-441S RESURFAClNG si,~e SUPPLIES 198! ¢ ~o G ~ ~' ~' ~ ~ ~ ~ ~ .~ FRANKFROEHLING JOHN JOYCI: The Fast Dry Companies Supervisor POMPANO BEACH · ORLANDO CGC#013683 Director of Tennis MIAMI · TAMPA · STL'ART 772-260-4376 (cell) USPTA Tennis Professionol 1400 N.W. 13th Avenue · Pompano Beach, FL 33069 Tel: (954) 979-3111 · Orders: 800-432-2994 · Fax: (954) 978-8479 P.O. Box 3070 · Boca Raj'on, Florida · 33431~3970 www.fast-dry, com· e-mail: fastdryco@aol.com {561 } 488-6996 · FAX # 883-18J, 5 EXPERIENCE · SERVICE · VALUE A RESOLUTION OF 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 COMMENCING IN FISCAL YEAR 2002/03; AND AMENDING THE RECREATION & PARK DEPARTMENT REVENUE POLICY MANUAL; AND PROVIDING 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 Cent¢ 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 September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO\03-04 tennis fees.doc ~ POLIC~ ~4ANU~L ~IIBIT "&** ENTRANCE, PARKING & ADMISSIONS Beach Parking - Established by Article II, Section 16-82 of the Code of Ordinances Boat Club Park Launch Fees Annual Decal $50 12/00 Daily Fee (weekends & holidays only) $10 12/00 Special Program Workshop, $3 - $50/person 09/93 Concert Admission, General Admission: (examples) Holiday Craft Workshop, Youth Halloween Programs, Treasure Hunt, Theater Performances, Dances, etc. Tennis Center Daily Fees Adult (har-tru) SZ6/person/1.5 hours -10/9-,08/03 Adult (composition) $32/person/1.5 hours -lO/~08/03 Junior (17 & under) $2_2_-l-/person/1.5 hours -10/9-1.08/03 Light Fee $54/1.5 hours 09/0208/03 USER FEES Non-Resident Fee Resident Fee Date Commissior Approved Youth Sports $13 - $100 $10 - $80 09~93 (ex: Flag Football, Soccer, Cheedeading, Gymnastics, Twirling, Tumbling) Sports League $20 - $625 $16 - $500 12/00 (ex: Softball, Volleyball, Senior Men's Softball, Basketball, Tennis) Fitness & Dance $15 - $125 $12 - $100 12/00 (ex. Aerobics, Ballet, Yoga, Tai Chi) Arts & Crafts $23 - $100 $18 - $80 09/93 (ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Adult Special Class/Workshop/one time $7 - $32 $4 - $25 12/00 Youth Camps & Playgrounds $125 - $380 $100 - $295 09/93 (includes field trip fees; 1, 4 or 8 week spring break, summer and holiday camps) After-School Programs $62 - $156 $50 - $125 12/00 ' ~ POLICY~INUAL ~3]IIBIT ~A~ Non-Resident Fee Resident Fee Date Commission Approved Serf Improvement/Community Interest $18 - $94 $15 - $75 12/00 Classes (ex: language, music lessons, computer classes) Tennis Center Permits Adult/Individual $490369 $290200 99/-0208103 Family $680590 $430300 (N~-Q-208/03 Junior (17 8, under) $ 55 $ 25 09~93 *Trips/Tours/Travel $ vades (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same 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. · . EXHIBIT "B" TENNIS CENTERS FEE COMPARISON FACILITY DESCRIPTION Boynton Beach 17 hat-tm (soft) 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-tm courts, all lighted, pro shop, locker room facilities FEE SCHEDULE Boynton Beach Delray Beach Wellington (pro~ for (2002-03) (2002-03) FY 2003-0~) 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 $7/1.5 hours (soft) v.~es between $7 & $7.50/1.5 hfs $9/hr + tax for depending on season for residents and residents $3/1.5 hours (hard) $9 & $9.50 for non residents between 8am-12 noon and 6pm-9pm $12/hr for non residents Feez are slightly redaced if playing between Noon & 6pm Light Fees $5/1.5 hours $5/1.5 hours N/A · V.-CONSENT AGENDA l'l'Et4 C. 2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commissmn Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in tO ~ity (~lerk's Office Meqtin~z Dates 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) [] 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: Authorization to enter into an agreement with the State Department of Enviromax~tal Protection in furtherance of an approved outdoor recreation project. EXPLANATION: Thc Recreation and Parks Department has been awarded a $200,000 grant to develop the Southeast Neighborhood Park property. The development includes a playground, picnic area, basketball court, sidewalk for pedestrians and bikes, parking, security lighting and other related support facilities. The City must enter into a project agreement to receive the grant award. The City will have up to three years from the effective date of the project agreement to complete the project. At the written request of the City, DEP staffwill allow up to two one-year extensions for good cause. PROGRAM IMPACT: Based on the accepted Level of Standards (LOS) 2.5 acres per 1000 people, the City currently has a 62.7 deficit, in total acreage of Neighborhood Parks. This funding will enable the City to develop 2.3-acres of park propert3~ in the southeast section of the City. Fif~ percent of the construction drawings have been completed in-house. FISCAL IMPACT: The grant award requires the City to provide a 50% cash match; $200,000 has been allocated in the adopted FY 2002/03 Capital Improvement Plan for the development of Southeast Neighborhood Park. ALTERNATIVES: Not enter into the project agreement and forfeit the grant award. ~' Department Head's Signature City Manager's Signature Recreation and Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, IN FURTHERANCE OF AN APPROVED OUTDOOR RECREATION PROJECT KNOWN AS THE SOUTHEAST NEIGHBORHOOD PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Recreation and Parks Department has applied for, and been ~rded a $200,000 grant to develop the Southeast Neighborhood Park property, includes a playground, picnic area, basketball court, sidewalk for pedestrians nd bikes, parking, secudty lighting and other related support facilities; and WHEREAS, the City must enter into a project agreement to receive the grant ird from the State Department of Environmental Protection in the amount of 000, with the City to provide a 50% cash match, which funds have been ~llocated in the 2002/03 Capital Improvement Plan; and 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 hereby authorizes execution of an Agreement with the FIodda Department of Environmental (FRDAP), in furtherance of an approved outdoor recreation project, a ~ of which is attached hereto:as Exhibit "A". Section 2. This Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Clerk S:\CA~R E SOV~3reements\Grants\FRDAP GranLdoc Department of ' · Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B. Struhs Governor Tallahassee, Florida 32399-3000 Secret~ry August 13, 2003 Mr. $olm Wildner / 5~ ~. Parks Director ~)o9 Pa~ks Dopamnent City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 3342~ Re: Southeast Park FRDAP Project No. F40023 Dear Mr. Wildner: Once a~in. congratulations on the award of the Florida Recreation Development Assistance Program (FRDAP) grant. To assist you in getting started we have enclosed the grant agrcemem aud the commencement documents. 1. The grant agreement has been prepared in accordance with your grant application. It is important that you review the agreement to ensure that information specific to your project is accurate. The agxcements must be signed and both ori~nal copies must be returned to our office on or before October 1, 2003. Our statf will return one ori~nal copy of the agreement wben formally exeeated by the Oepartmeat. Commenceme~lt OOCil~eRl~ 2. The construction or acquisition can eot begte tm~l all commencement documentation has been received and approved by. this Bureau. We ask that you complete these documents and remm to our office on or before October 1, 2003. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Stmcom 278-7896. Sincerely, A. Diane Langston Community Assistance Consultant Bureau of Design and R~cre. ation Services Division of Recreation and Parks Mail Station #585 ADL/ld Enclosure "More Protection, Less Process" Pnnted on recycled paper. DEP Agreement No. F4023 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2003-04) - Development This Agreement is made and entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF BOYNTON BEACH, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Flodda Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 3.. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Flodda Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this PROJECT AGREEMENT. ~.. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Southeast Park (Florida Recreation Development Assistance Program, FRDAP Project Number F40023), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the developme~, t of that real property, the legal description of which shall be submitted to. the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursementJCommencement Documentation Form, DEP Form FPS-A034. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Playground, picnic area, basketball, bike trail, parking, security lighting, and other related support facilities. DEP Agreement No. F4023, Page 1 of 9 DEP 55-231 (06/03) The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $200,000.00 50% GRANTEE Match: $200,000.00 50% Type of Match: Cash/In-Kind Services and/or Land Value 5. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-5.058(6)(g), the DEPARTMENT will approve the request for payment. 6. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to I~e PROJECT AGREEMENT pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at www.dbf, state.fl.us/aadir/reference quide. '7. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE's adopted procurement procedures. Expenses representing the PROJECT costs, including the'required matching contribution, shall be reported to the DEPARTMENT and Summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. DEP Agreement No. F4023, Page 2 of 9 DEP 55-231 (06/03) 8. Allowable indirect COsts as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 9. It is understood by the parties that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 10. A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. B. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30"~ each year. The GRANTEE understands and agrees that i~ the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. ].3.. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Flodda Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 3.2. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 3.3. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required b~the Florida Recreation Development Assistance Program Development Project pre-reimbursementJCommencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. ].,~. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it DEP Agreement No. F4023, Page 3 of 9 DEP 55-231 (06/03) has done so' to the DEPARTMENT by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. ].5. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before (hereinafter referred to as the PROJECT completion date). The GRANTEE may request up to two (2) one-year extensions from the DEPARTMENT for good cause by submitting a written request to the DEPARTMENT. Such request must be made prior to the PROJECT completion date. However, the GRANTEE understands that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward on June 30th of each year, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. ].6. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. ].?. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE's records for said PROJECT during the PROJECT and within the five-year retention pedod. ].8. In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-I, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-I, the GRANTEE shall notify the Department's FRDAP Grants Administrator at (850) 488-7896 to request a copy of the updated information. ].9. Following receipt of an audit~'-'report identifying any reimbursement due the DEPARTMENT for the GRANTEE's non- compliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. DEP Agreement No. 1=4023, Page 4 of 9 DEP 55-231 (06/03) 2 0. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. 2 ].. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 22. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 23. The DEPARTMENT's Grant Manager for the purpose of this PROJECT AGREEMENT shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every one hundred twenty (120) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices required by this PROJECT AGREEMENT shall be delivered to the parties at the following addresses: GRANTEE's Grant Manager DEPARTMENT's Grant Manager Mr. John Wildner A. Diane Langston Parks Director Florida Department of Environmental 100 East Boynton Beach Protection Boulevard 3900 Commonwealth Blvd., MS585 Boynton Beach, Florida 33425 Tallahassee, Florida 32399-3000 DEP Agreement No, F4023, Page 5 of 9 DEP 55-231 (06/03) 25. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 26. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 2'7. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1 ), Flodda Statutes. 28. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the matedal terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the DEPARTMENT. 29. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 30. Land owned by the GRANTEE, which is develop.ed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date s~t forth in the PROJECT completion certificate. All dedications must be recorded in the County property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 33.. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in DEP Agreement No. F4023, Page 6 of 9 DEP 55-231 (06~03) writing of the particular violations stating a reasonable time to comply. Failure to comply within the time pedod stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and may result in the imposition of the terms in Paragraph 28. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the Rule shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 33. If the DEPARTMENT determines that site control is not sufficient under the RULE, the DEPARTMENT shall give the GRANTEE a notice in wdting and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT. 34. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 3 5. A. No person on the grounds of race, creed, color, national origin, age, sex, madtal status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Flodda Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850.! 487-0915. 36. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, FIodda Statutes. 3'7. The employment of unauthorized aliens by any Grantee is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for DEP Agreement No. F4023, Page 7 of 9 DEP 55-231 (06/03) unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 3 8. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 39. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Flodda. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Flodda unless prohibited by applicable law. 4 o. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43.. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 42. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 43. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, duly executed by each)of the parties hereto, and attached to the original of this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4023, Page 8 of 9 DEP 55-231 (06/03) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written below. STATE OF FLORIDA DEPARTMENT CITY OF BOYNTON BEACH OF ENVIRONMENTAL PROTECTION By: By: Division Director (or Designee) Printed Name: Division of Recreation and Parks Title: Contract Execution Date Date Address: Address: Bureau of Design and Recreation Services 100 East Boynton Beach Boulevard Division of Recreation and Parks Boynton Beach, Florida 33425 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Flodda 32399-3000 _/~'~/'"¢~.-/,/.,~~ .~.~~ Grantee Attorney DEP Grant Manage'( ' / Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on April 9, 2003 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Letted Type Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Paaes) DEP Agreement No. F4023, Page 9 of 9 DEP 55-231 (06/03) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department". ~DEP". "FDEP' or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this atiachrnent. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Pan I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpan C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisi~s of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i..e.~ the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4023, Attachment 1, Page I of 5 DEP 55-215 (04/03) PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial 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 governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State £mancial 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 and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters/0.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial mistamge i~ it~ fiscal year, an audit conducted in accordance with the provisions of Section 2t5.97, Florida ~ i~ not required, tn the event that the recipient expends less than $300,000 in State financial assistance in its ftseal y~ar and do:ts to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the enst of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.usl for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Financial Se~ices' Website http://www.db f. state.fl.us/ and the Auditor General's Website hnp://www.state, fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements.imposed by the State awarding enti~ that are solely a matter of that State awarding entity's policy (i.e.. the audit iy not required by Federal or State la~vs and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance ~vith Section 215.97, Florida Statutes. In such an event, the State awarding agency' must arrange for funding the.full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4023, Attachment 1, Page 2 of 5 DEP 55-215 (04/03) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallalmssee, Florida 32J99-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. F4023, Attachment 1, Page 3 of 5 DEP 55-215 (04/03) 5. Any reports, management letters, or other information required to be submitted to the Department of~ Environmental Protection. pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-'133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should, indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from 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 ensure that audit working papers are made available to the Department of Environmental 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 extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F4023, Attachment 1, Page 4 of 5 DEP 55-215 (04/03) Document Development Acquisition Site Plan signed by certified engineer, X surveyor or architect and grantee (2 copies) List of Facilities and Improvements to be Built X Signed and dated by project liaison (Example Attached) Permitting Certification (form enclosed) X Survey/Boundary Map signed and sealed by a X X registered surveyor (2 copies) Title Search for 30 years previous to application X X (form enclosed) *Appraisal (1 copy) or Tax Assessed Value *X **X REFER TO NEXT TWO PAGES FOR DETAILED DESCRIPTIONS OF REQUIRED COMMENCEMENT DOCUMENTATION *Required for development projects utilizing land value as match. **Apprai_u_! by a state.approved appraiser is required for Acquisitions. FPS-A034 Revised 7/23/03 Florida Department of Environmental Protection Florida Recreation Development Assistance Program Pr~-Reimburserpent/Commencement Documentation - Development Prior to requesting reimbursements, submit the following items to the Department for approval: 1. A professional site plan (detail specifications not required). In addition, the project liaison is required to sign and date the site plans. If part of a larger simultaneous development or part of a phased project, please color code the current project elements and/or any phases/existing elements. (2 copies) 2. A list identifying the quantity and type of primary outdoor recreation areas and facilities and support facilities to be constructed, and cost estimate for each item, signed and dated by the project liaison. (example attached) 3. Permitting Certification form signed and dated by the liaison agent. 4. A boundary survey of the project site, which includes a legal description of the property, prepared and signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission perio~ (2 copies) 5. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance which attests to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property. If a title search has not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens, encumbrances or taxes held against the property by using the attached form. A warranty deed will not . suffice. 6. If land will be used as a match, send either a copy of the taxed assessed value or a complete appraisal supporting fair market value of land utilized as project matching funds. Appraisal must be no earlier than one year prior to the closing date of the submission period. The appraisal must be prepared by an appraiser included on the list of approved appraisers maintained by the Department's Division of State Lands (DSL). (CALL 850-245-2658) (One Copy) Following approval of this documentation, the Department will issue written authorization to commence project development and submit reimbursement request. Revised 7~03 N:\g rants\forms\Commencement Documents\Devcommencelist.doc Florida Department of Environmental Protection Florida R~creation Development Assistance Program Pre- Reimbursement/Commencement Documentation -Acquisition Prior to reimbursement or commencement of project acquisition, submit the following items to the Department for approval: 1. An appraisal supporting fair market value of land to be acquired. If the property is $500,000 or less in appraised value, an appraisal is required. If the property exceeds $500,000 in appraised value, two appraisals are required. The appraisal(s) shall be dated no earlier than (6) months prior to the closing date of the application period. The appraisal must be prepared by an appraiser included on the list of approved appraisers maintained by the Department's Division of State Lands (DSL), (CALL 850.245-2658). 2. A boundary survey of the project site, which includes a legal description of the property, prepared, signed and sealed by a Florida, registered land surveyor. The survey must be updated to within one year of the closing date of the application submission period. (2 copies) 3. The results of a title search of the project area covering the thirty (30) year period prior to approval by Department Secretary, or a copy of title insurance. If a title search has not been done or title insurance has not been purchased, the grantee's attorney can attest to a clear title owned by the grantee, with no liens or taxes held against the property by using the attached form. Following approval of this documentation, the Department will issue written authorization to ~1 commence project acquisition and submit reimbursement requests. II Revised 7/03 N:\grants\Forms\Commencernent Documents~acqcommencelist.doc EXAMPLE ~I~i{~I~FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Constructed Areas and Facilities Project N~me: Green Grass Park Project No. FXXXXX Primary Facilities/Areas: Estimated Cost: 1,500 L.F. Boardwalk/Nature Trail SXXXX.XX 5 Picnic Facilities (Shelters, Tables, Grills) SXXX.XX I Picnic Pavilion 15' X 50' SXXXX.XX 1 Boat Ramp 24'w SXXXX.XX 2 Softball Fields-Adult-Lighted SXXXX.XX 1 T-Ball Field-Lighted SXXXX.XX 2 Little League Baseball Fields-Lighted SXXXX.XX 1 Play Structure SXXX.XX Support Facilities/Areas: 1 Restroom SXXXX.XX 5 Benches SXXX.XX 100 Spaces Grass Parking Lot SXXXX.XX 20 ' Spaces Boat Trailer Parking SXXXX.XX 10 Trash Receptacles SXXX.XX $ Total Project Cost SXXXXX.XX Signature - Project Liaison Revised 7123/03 N :\grants\Forms\Frdap Misc\FACEX.DOC Florida Department Of Environmental Protection Florida Recreation Development Assistance Program Permitting Certification Grantee Project Name Project Number The GRANTEE certifies that all final plans and specifications (i.e.; site, architectural, engineering) to be used in conjunction with the above referenced proiect were prepared and certified by an inSured, registered architect, engineer, or landscape architect (as appropriate) and meets all applicable federal, state and local codes, and current engineering practices; that health, safety, durability and economy were considered and incorporated in these plans consistent with the scope and objectives of the project; that equal access pursuant to the requirements of Federal law and Chapter 553 Florida Statutes, is incorporated in the design of all facilities for individuals with disabilities; that the proposed development is compatible with its surrounding environment; that all required local, state and federal environmental permits and approvals have been obtained; and that provisions have been made to insure ~dequate supervision of construction by competent personnel. Date Project Liaison Agent FPS-A035 Revised (11/00) N:\grants\Forms\Commencement Documents\Permitting Certification.doc THIRTY YEAR OWNERSNIP & ENCUMBRANCE SEARCH ~ I HEREBY CERTIFY that I have checked the records of County, Florida for the , as to the land hereinafter described and that said records reflect that the record title to said land appears in the name of: OWNER'S NAME: ACQUIRED BY: FROM: DATED: ~ FILED: RECORDED IN: DESCRIPTION OF LAND: SUBJECT TO THE FOLLOWING: 1. OUTSTANDING MORTGAGES: 2. OUTSTANDING LEASES: 3. EASEMENTS: 4. OPEN JUDGEMENTS: UNPAID TAXES: 6. UNPAID TAX LEINS of any kind: 7. UNPAID LIENS: 8. RESERVATIONS OF ANY KIND: 9, DECEDENTS ESTATES PENDING whereby ownership is affected: I0. ANY OTHER DEFECTS REFLECTED by the record: DATED at County, Florida, this BY: TITLE: (Grantee Attorney or Title Abstractor) V.-CONSENT AGENDA O CITY OF BOYNTON BEA ITEM C.3 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimt Date~ in to CiW Clerk's Office Meeting Dates 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) [] 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: Authorization to enter into an agreement with Palm Beach County in furtherance of an approved invasive non-native plant species removal project. EXPLANATION: The Palm Beach County Board of Comtmssioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive non-native vegetation from publicly owned lands. The nine prohibited invasive non-native plant species include Air Potato, Austrailian Pine, Brazilian pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca and Queensland Umbrella Tree. The Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at the Rolling Green (Hester) Scrub and Ezell Hester Park site. The City must enter into a project agreement to receive the grant award. The City will have until July 1, 2004 to complete the project. This will be contracted out. PROGRAM IMPACT: Certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the City, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures. The Rolling Green (Hester) Scrub and Ezell Hester Park has been selected as the first project site for removal of the invasive non- native vegetation in the City. The invasive non-native vegetation in the scrub site will be treated (killed) and left in place while the invasive non-native vegetation in other areas-of the park Will be treated and removed for aesthetic purposes. FISCAL IMPACT: The g~ant award requffes the City to provide a 50°?o cash match; $5,000 has been allocated in the FY2003/04 General Fund for park improvements. ALTEI~NATIVES: Not enter into the project agreem7 and forfeit the grant award. f Department Head's Signafi~'~ ' City Manager's Signature Recreation and Parks Depam'nent Name City Attorney / Finance / Human Resources S:~3ULLETINLFORMS'O, GENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE REMOVAL OF INVASIVE NON-NATIVE PLANT SPECIES AT THE ROLLING GREEN SCRUB AND EZELL HESTER PARK SITE; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, Palm Beach County Board of Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive non-native vegetation from publicly owned lands; and WIIEREAS, the Recreation and Parks Department has applied for and been awarded a $5,000 grant to remove invasive non-native plant species at the Rolling Green (Hester) Scrub and Ezell Hester Park Site; WItEREAS, staff has reviewed the Interlocal Agreement, a copy of which is attached hereto and made a part hereof; NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACIt, FLORIDA, TItAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and.are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Upon recommendation of staff, this Commission does hereby authorize execution of this Interlocal Agreement between the City of Boynton S: ~.\RESO~Agreements\lnterlocals\lnterlocal - Invasive non-native plant species removal.doc Beach aiad Palm Beach County, which Agreement is attached hereto and made a part here. Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S: ~,\RESOgAgreements\lnterlocals\lntertocal - Invasive non-native plant species removal.doc INTER.LOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH This Interlocal Agreement (hereinafter "Agreement") is made the day of ,200__, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Pan I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local govenunents to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Pan I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited f~vasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics m the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that thc County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page I Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both m'tincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE I - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANTEE/REIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed Dollars ($ 5,000.00 ), provided the Grantee completes the removal project as described in Exhibit A, and meets the estimated match requirement of Dollars ($ 5,000.00 ) as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and replacement planting with vegetation native to Florida. Costs related to in- kind services (e.g., planning & design) shall be lirm~ to salaries and fringe benefits. Only those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and Page 2 acceptance by the County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406-1548, which will indicate that the expenditures have been made m conformity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges it is self-insured under State Sovereign Immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver lirvats that may change and be set forth by the legislature. which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liab~!ity insurance. B. In the event the Grantee does not rely exclusively on sovereign immunity as provided by Section 76S 25. Florida Statutes, the Grantee shall agree to maintain third-party Commercial General Liability at lirmts not less than $500,000 per occurrence. With respect to Commercial General Liability, Grantee shall agree to add the County as an "Additional Insured." Page 3 C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. D. The Grantee shall provide a statement or Certificate of Insurance evidencing insurance, self-inSurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above required coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 3323 Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548. ARTICLE $ - INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, 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 sustain 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(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify 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 sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRAN~ERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Gran~._,e further represents that it has, or will secure at its own expense, all necessary personnel required to complete the Project under this Agreement, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: Page 4 The County and the Csrantee agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, anceslxy, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit B. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to subrmt completed repor~ within the specified timeframe will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The Co ..~ja, ty shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Page 5 Grantee certifies that its 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. This notice is required by F.S. 287.133 (3) (a). ARTICLE 11 - EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until July 1, 2004 (insert A~reement Expiration Date), unless otherwise terminated as provided hereto. This Agreement may be terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 (561) 233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the term of the Agreement is identified as: Boston Beach Recreation and Parks Deparunent lohn Wildner. Devutv Director 100 E. Boynton Beach Blvd. B0ynton Beach, Florida 3~_.435 (561) 742-6225 Fax: (56.1) 742-6238 . All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13= ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this cl~us~ pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local roles and regulations in providing services under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. ARTICLE 1.% REMEDIES This Agreement shall be conslrued by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be m addition to every other remedy given hereunder or now or hcreai~cr existing at taw or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof by held by a court of competent jurisdiction to be invalid, such shall not affect the re. maining portions of this Agreement and the same shall remain tn full force and effect. ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between Page 7 the application and thi,~ Agreement, this Agreement shall control. The County and the Grantee both further agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. 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. ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on [February 25, 2005.] IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Mayor Date Robert Weisman, Date County Administrator (or Designee) ATTEST: By: APPROVED AS TO FORM AND Date LEGAL SUFFICIENCY: By: Assistant Coun~f Attorney Federal Tax I.D. #: (eorp. seal) WITNESS: ; By: :~ [Name] Date] APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY: CONDITIONS: By: By: City's Attorney Director, Deparunent of Environmental Resources Management Page 8 t EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R__ DATE OF REQUEST: PERFORMANCE PERIOD: AMOUNT MATCHING REQUESTED:$ REQUIRED:$ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant throul~h End-of-Grant Period] AMOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST S~!a~ries $ $ Frinl~e Benefits $ Subcontractinl[: plannin~ $ $ D~i_~ S $ Removal related Costa $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager=s Signature ' Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Exhibit B, Page I of I City of Boynton Beach Rolling Green (Hester) Scrub Non-native Invasive Plant Removal Project Palm Beach County Public Lands Grant Program 2003 Pro,[ect Applicant City of Boynton Beach Recreation & Parks Department 100 E. B0ynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6226 PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM INV. ASIVE NON-NATIVE VEGETATION REMOVAL ADMINISTRATIVE INFORMATION Pr0jectTitle: Rnllin~ ~'r,~n (.14,~,~ro_r) ,qrr~,h Tnvn~:iV,~ Nnn-nnriv~ P]nnr Rarno',rn1 P~ojPCt Contact Person: John Wildner ContactTitJe: Deputy Director, Recreation and Parks Department Co.metAge.~y: City of Boynt~n Beach Contact Mailing Address: P.O. Box 310 City: Boynton Beach Zip: 33435 Contact Phone: 561-742-6226 Contact E-rrmih wildnerj@ci, boynton-beach, fl. us PROJECT INFORMATION Amount of Grant Request: $ 5,000 Total Project Cost: $10. 000 Matchins Funds Available? Ifyes, describe the specific sources and amounts: Yes, $5,000 matching funds are available in the Parks Division General Fund Ac~d~t'7 Estirmmd Project Sram Date: January 2004 Estimated Project Completion Date: July 2004 Project Location Description l~crib~ project location, nearest cross streets, proper~y type (natural area. open space, easement.. ). property aze. property owner, agency(s) w~th management reJpon~ibdity. Include natural area de$crtPtion ~ appl~cable. "Attach a site plan showing the project elements along with a general location map and an aerial photo of the project vicinity. Maps should b~ no greater than I I "x 17. "'* The project is located on the Ezell Hester Jr. Communky Cemer and Park property at 1901 N. Seacrest Boulevarck just south of Gateway Boulevard ha Boynton Beach. The 23-acre park property is owned and managed by the City of Boymon Beach. The property hacludes a Community Center, playground and picnic area, outdoor basketbalL, tennis and racquetball courts, sand volleyball court, football field, open play field, baseball field and an 8-acre natural preserve. The Rolling Green (Hester) Scrub natural preserve is not open to the public as an outdoor recreation site at this time; however, educational tours are conducted as part of the Parks Division Environmental Program. The preserve consists largely of scrub, scrubby flatwoods and mesic hammock natural communities. Other scrub areas on the property consist largely of scrubby flatwoods. [nclude Project Location X, Y Coordinates in State Plane NAD1983: X: 960.810.30 Y: 805,'~58.g8 Pubhc Lands Grant Program Appiication - Project Title: lqnlltn[ C'-r,=en_(14~r~r.~ Rrm,h Tnvn~ive Mnn-native Page2 Plant Removal Project Detailed Project Des~:ription Thit de,~cr~otion it to angwer information/or scoring the applications by the judging committee and/or compl~nce with the minimum grant criteru~, Must include project location description, targeted invasive non-native plant specie& acreage o/ infestation, scope of work, method o/ removal (rnechan~al. herbicides, hand pulling... ). project mdestone~, and replanting specte-v The project site includes four areas with invasive non-native vegetation. Area A is located behind the racquetball courts, Area B is located between the parking lot and the open playfield, Area C is located to the north and west of the football field and Area D is the 8-acre natural preserve (see attached site map). These four areas total approximately 11-acres. The target invasive non-native plant species located throughout the project site include Brazilian pepper, earleaf acacia, umbrella tree and air potato. This project will be completed one area at a time. First, there will be a follow up treatmem to the natural preserve (the City initiated an invasive species control program for this area in 2001), then Areas A, B and C will be t~eated respectively. Herbicides will be used in all areas. The natural area invasive non-native vegetation will be treated, killed and left in place; however, targeted vegetation in Areas A, B and C will be treated and removed. We will not be planting any new allies. Public Lands Grant Program Applicafion - Project Title: Rolling G~reen (Hester) Scrub Invasive Non-native Page3 Plant Removal Project Project Narrative Provsde an), additional inforrnat~on that d~ecribe~ how the proposed proIect will tneet each of the ~riterta for Seleqtion noted tn the appbcatton guuffeline$ The goal of this project is to remove Brazilian pepper, earleaf acacia, Queensland umbrella and air potato from the scrub areas on the Ezell Hester .Tr. Community Center and Park property. The park includes four scrub areas, one of which has been designated as a natural preserve. The project location is highly visible to the public. Annual park visitation averages 155,000+. The four scrub areas are located throughout the park property. The estimated cost to remove all invasive non-native vegetation on this park site is $10,000. The City of Boynton Beach Parks Division has $5,000 available for a 50 % match for this project. When the City initiated the invasive control program for the natural preserve in 2001, volunteers were used to remove the invasive vegetation, however this was not effective. We plan to use herbicide methods on all areas for this project and due to the application and technical nature of proper application; herbicide applications are not generally suited to volunteers. The City will utilize contract labor for this project. This project builds upon the established invasive vegetation control program detailed in the Rolling Green (Hester) Scrub Management Plan for the natural preserve. The Parks Division (utilizing resources fi.om Florida Atlantic University's Education Dept. and Palm Beach County Department of Environmental Resources Management) included the Rolling Green (Hester) natural preserve in eight environmental educational tours in 2002. We will continue to include information regarding methods for maintaining and preserving natural areas in future public educational programs. In addition, a display will be placed in the lobby of the Ezell Hester Jr. Community Center to educate the park visitors on the importance of maintaining these precious scrublands. Certification: I certify that to the best of my knowledge, ail of thc statements contained in this application arc correct and Submit 10 copies and 1 original to the foUowing address: Signature:/ / Public Lands Grant Program Coordinator Print Name: John W±ldner Palm Beach County Dept. of Environmental Resources Management Title: Deputy Director, Recreat±on & ?arks 3323 Belvedere Road, Bldg. 502 Department West Palm Beach, FL 33406 Date: ~Tuly 2~ 2003 I~ Send To Printer ~ 1901 N Seacrest Bird Boynton Beach FL 33435-2232 US ,.?.t..??:. ................................................................................. Industrial Way ~ Ne 27th C.t ' N~ 26th Ave ~'? ~ Ne I i'th .Ave e~,,.' St Ne 16th I.~ 15th AV~ i ;.. { ! Ne 15th PI i-~ Ne 15th ~ OCean _ ~' ~ . Ne 14th Ave · :'~0 G.~ ~ wilson So, I ' ? ~! ~ce ~ t-,a t~l' Nw tlt~h Av~ NellfllAvI ---H All r~ht$ tel, erred. U~e Sublect to V.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office Meetiw, Dates in to CiW 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 (N~6) [] Administrative [] Legal ~ ~_ NATURE OF [] Announcement [] New Business zz: c:~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing f") ~ :~' [] Code compliancedLegal Settlements [] Unfinished Business RECOMMENDATION: Approve a Resolution appointing the Palm Beach County Supervisor of Elections to handle and canvas all absentee ballots for the November 4, 2003 General Election and if necessary, the November 18, 2003 Run-Off Election, to represent the Municipal Canvassing Board at all Logic & Accuracy Tests and to certify the election results. EXPLANATION: This Resolution will allow the Supervisor of Elections to handle the above- mentioned on behalf of the Municipal Canvassing Board. PROGRAM IMPACT: None FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A '//~/~ff/~ ' / ' ~~ ] Department ~Iead's Signature / ' City Manager's Signature / City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CC'XWFMELECTIONXYear 2003 ElectionsLa~genda Item Request For Reso Appointing Supervisor of Elections.dot S:\BULLETINXFORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO HANDLE AND CANVAS ALL CITY ABSENTEE BALLOTS FOR THE NOVEMBER 4, 2003, GENERAL ELECTION, AND IF IT BECOMES NECESSARY, A RUN-OFF ELECTION, WHICH WILL BE HELD ON NOVEMBER 18, 2003, TO REPRESENT THE MUNIC~AL CANVASSING BOARD AT ALL LOGIC AND ACCURACY TESTS, AND CERTIFY ELECTION RESULTS; AUTHORIZING THE CITY CLERK TO NOTIFY THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS OF HER APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, November 4, 2003, as the date for the next General Election, and if it becomes necessary, a run-off election which will be held on November 18, 2003; and WHEREAS, the City Commission of the City of Boynton Beach desires to appoint the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots, certify election results, and represent the municipal canvassing board at all logic and accuracy tests to be held prior to the November 4, 2003, General Election and if it becomes necessary, a run-off election which will be held on November 18, 2003. 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 appoints the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots for the November 4, 2003, General Election, and if becomes necessary a run- off election which will be held on November 18, 2003, represent the municipal canvassing board at all logic and accuracy tests, and certify election results. S:\CALRF_~qO~Appointments~Supervisor of Elections 2003.doc Section 2. The City Commission hereby authorizes the City Clerk to notify the Beach County Supervisor of Elections of her appointment to handle and canvas all city ballots and represent the municipal canvassing board at all logic and accuracy tests be held prior to the election. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: City Clerk (Corporate Seal) S:\CAXRESOXAppointmentsXSuperwsor of Elections 2003.doc V.-CONSENT AGENDA TrEH F. CITY OF BOYNTON BEACI. AGENDA ITEM REQUEST FORI _, ,,,- Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in tO (~ity Clerk's Office Meetin~ Dates ~ [] 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) [] 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: Approval of one year renewal of programs for property and casualty insurance and support service. EXPLANATION: One year agreements of the following insurance and support service programs: General Liability (GL) Arthur J. Gallagher & Co. (State National Ins. Co.) $165,172.00 Workers' Compensation (WC) Arthur J. Gallagher & Co. (State National Ins. Co.) included in GL Liquor Liability (Golf Course) Arthur J. Gallagher & Co. (Mt. Vernon Fire Ins. Co.) $ 1,635.00 Liquor Liability (Special Events) Arthur J. Gallagher & Co. (Columbia Casualty Co.) $ 7,295.00 Banners (FPL Poles) Arthur J. Gallagher & Co. (Colony Ins. Co.) $ 4,297.00 Medical Professional Liability Arthur J. Gallagher & Co. (Underwriters at Lloyds) $ 23,600.00 Tenant Users Liab. Ins. (TULIP) Arthur J. Gallagher & Co. (Clarendon National Ins. Co.) $ 5,000.00 Automobile Liability Florida League of Cities (FL Municipal Ins. Trust) $ 68,207.00 Automobile Property Damage Florida League of Cities (FL Municipal Ins. Trust) $ 43,256.00 Property Florida League of Cities (FL Municipal Ins. Trust) $405,532.00 Auto & Property Adjusting Svcs. Gallagher Bassett Services, Inc. $ 44,722.00 PROGRAM IMPACT: Reference supporting documentation identifying breakdown, of comparison to previous year program with identified percentage increases and decreases. Reference attached insurance proposals. Anticipate issuing RFP for entire program for FY 2004-2005. FISCAL IMPACT: Programs budgeted for in 2003-2004 Budget Proposal. ALTERNATIVES: Reference attached memorandum outlining available ~As~s f°r all claims with n°insuranc~,,ctov~,~ii~L~e.~/r~ '~ //f~,.~,,~! /J' · '/~/I)~l~me~ Herd's' Signature City Manager's S~g~'"fiature RISK MANAGEMENT //~- ~ Department Name ~/City Attorney ~'~inance / Human Resources S:\BULLETIN~FORaMSLa, GENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida Risk Management Department MEMORANDUM TO: Kurt Bressner City Manager Wilfred Hawkins Assistant City Manal~er FROM: Chuck Magazine Risk Manager DATE: August 14, 2003 SUBJECT: Property & Casualty Insurance Renewal Program Our insurance program is up for renewal effective September 30, 2003. I have been working with our various brokers the last several months to put together a renewal in lieu of going out to bid again. Our current program is split between Arthur J. Gallagher & Co. - Boca Raton and the Florida League of Cities. Our workers' compensation and general liability policies are through Gallagher and our property and auto are through the League. I am still awaiting a proposal from the League. I have received a proposal from Gallagher on our workers' compensation and general liability. At issue, however, is the directive that I have received from Bill Atkins requiring I go out to bid. There are two issues here. First, there is little time to put out an RFP and expect to be able to meet our expiration date on our current policies. Second, according to Florida Statute, we have the ability to negotiate for our insurance program without going through the bid process, when it is in our best interest. There are only 4 programs which I would even consider for the City. 1. PGIT (Preferred Government Insurance Trust) - This is a commercial pooling arrangement not that dissimilar to the Florida League of Cities. I am very familiar with the parties involved. In fact, they currently also use our TPA and a number of our attorneys. They are anxious to get our business. My concern with this company is their financing. Last year was the first year that they had a full program for all lines of business. They had taken over the older Coregis program. When they did they pulled together a number of insurance markets to cover the various lines of business. In my networking I have spoken with a number of people who expressed concerns over the size and speed at which PGIT has grown. When they took over the Coregis program, on the property side, they brought in Lexington as their first layer of insurance. Lexington agreed to take the program at the same size (number of accounts) that were in the original Coregis program. PG1T then went out and oversold the program doubling the number of accounts. As a result, Lexington has dropped them. Their first layer of workers' compensation and general liability insurance was with North River, which has dropped 1 out of the public entity market. Bo'th of these primary layers of insurance have to be replaced. I am sure that PG1T has or will obtain replacements for these markets. PG1T responded to an RFP from the Town of Palm Beach today. Part of the RFP was to include th&ir financials and a list of their insurance carriers. PGIT requested that they not be required to file their financials as they did not want them to be made public. They were advised that it was required. PGIT filed their response today, and did not include their financials or a list of their carriers. At this point, I am unwilling to risk going with them until they have several more years of experience with stable insurance mm'kets. 2. Florida League of Cities - We currently have our property and auto insurance coverages with the League. I am still awaiting their renewal numbers. I have been unhappy with the League over the last several years. They continue to wait until the last minute to provide their quotes. They are slow to respond to requests and inquiries. I have spoken with a number of other risk managers who express similar complaints. I am willing to continue to keep part of our program with them, for political reasons. This allows us to access various League programs outside the insurance area. However, if their proposal is not acceptable, I do have an option available. 3. Arthur J. GaHagher & Co. (United National / London Package) - This program is available through our current broker. My problem with this program is that it is a very expensive program. This program would be between 50-100% increase over our current program. Furthermore, they do not allow their insureds to perform any in-house claims. We handle many of our small general and auto liability, as well as property claims in- house. Last year we brought workers' compensation case management in-house. We would be unable to continue to operate that way with this program. Furthermore, they limit the insured to two Third Party Administrators (TPA). We currently use a different TPA for our workers' compensation. This program would cost us much more money and would drastically reduce our control over claims management. The Brevard School District was offered a 300% increase. 4. Arthur J. Gallagher & Co. (Ranger / Meadowbrook Package) - This is the current program which we have in place. The insurance underwriter has changed from North River to State National. North River has dropped out of the public entity market. This is actually a positive since North River was rated by A.M. Best as "A-" whereas State National is rated as "A". The one downside to their proposal is that they are raising our Workers' Compensation Self-Insured Retention (SIR) from $200,000 to $350,000 per claim. This would initially appear to be a major problem. However, after reviewing our claims history, we found only five claims that exceed $100,000 and only one that exceeded our SIR. Also, with our recent changes to bring our claims case management in-house, I believe that we now better control our claims. Our only concern should be with a catastrophic claim, which would normally exceed our SIR anyway. The City of Palm Bay went from the Gallagher/United National Program to the Gallagher/Meadowbrook Program and saved $336,000. We are currently coming off our 3-year program with Gallagher where we had no increases since 1999 on their program. My negotiation with Gallagher has resulted in a premium increase of 10% over our 1999 premium. They have also agreed to a second year with an additional 8% increase. As stated before, ! am still awaiting the proposal from the League. If I do not get one 2 within the next several days, or if their proposal is not reasonable, Gallagher has advised me that they have found a new insurance market which is willing to provide coverage in Florida, including wind coverage. This is a new market reportedly has sufficient capacity and reasonable rates. I will be providing Gallagher with information to obtain a quote. My proposed budget includes $172,749.00 for workers' compensation and general liability. The proposal from Gallagher is for $165,172.00 for 2003-2004, and $172,680 for 2004-2005. This will also allow me to obtain a Tenant Users Liability Insurance Program (TULIP) through Gallagher. This program will cost me $5,000, as a minimum premium to cover organizations and groups who wish to rent City recreational and park facilities for private events. The group will purchase a liability policy under the TUL1P program if they do not have their own policy. The premium payment will go towards reimbursing the City for the $5,000 premium paid to initiate the program. The group will be the insured, and the City will automatically be listed as Additional Insured. This will provide the protection for the City which I have been seeking for the last two years. As an example, if someone rents the Mangrove Park for a wedding, they will be required to purchase the insurance. The cost for a wedding reception to include up to 100 people would be $90.00. If there was liquor served, they could purchase liquor liability for an additional $75.00. I am working on finalizing this program. I apologize for the length of this memo, but I felt it was important to outline all the facts concerning the current situation. I will be submitting the appropriate paperwork for inclusion on the upcoming City Commission meeting. Please advise if you have any questions. CJM/2003 200~ l~surance Pr~ THE CITY OF BOYITI N BF_ CH PUBLIC ENTITY EXC-'F.~S INSURANCE PROGRAM (Continued) PROGRAM CONDITIONS · 90-Day Notice of Cancellation · Defense Costs/Claims Included in Limit · Municipality Endorsements · ISO Simplified Language Forms (OcCurrence Basis) · Flat premium not subject to audit · Only one SIR applies when an occurrence involves more than one coverage part (i.e., GL/WC) POLICY PREMIUM · Public Entity Excess Insurance Program: $165,172 - General Liability Included - Employee Benefits Liability Included - Excess Workers' Compensation Included - Public Officials Liability Included - Law Enforcement Liability Included Total $165,172 C:~J)ocumem~ taxi Setting~m~lazlnec.C~ Settlng~Temporm'y Intm'n~ RMt~U(3~o~*o~ Cammlty Propo~ THE CITY OF BOYNTON BEACH PUBLIC ENTITY EXCESS INSURANCE PROGRAM Carrier: State National Insurance Company Best's Rating: A VIII Term: October 1, 2003 - October 1, 2004 Limits of Liability: $5,000,000 Each Occurrence (No Policy Aggregate) COMMERCIAL GENERAL LIABILITY Self Insured Retention: Liability Other Than F.S.768.28 $200,000 Per Occurrence Liability for F.S. 768.28 $100,000 Per Claimant $200,000 Per Occurrence Coverage Form: · "Occurrence" - CG0001 (11/88) -ISO Form Endorsements: · Nuclear Energy Liability · Year 2000 Computer-Related problems · Medical Payments · Self-Insured Retention · Municipality Endorsement · Employee Benefits Liability G:~Do~-~mmnt~ lind ~tUn~n~o.G~t'Y~m~ ~t~n~T~mpor~y Intoner THE CITY OF BOYNTON BEACH PUBLIC ENTITY EXCESS INSURANCE PROGRAM (Continued) WORKERS' COMPENSATION Self Insured Retention: $350,000 Per Occurrence Limits of Liability: Coverage A Statutory Coverage B: $500,000 Employer's Liability Exclusions: · Persons illegally employed · Falsifying any claim, suit or other action or proceeding C:~Dogmmen~ m~l SettJng~magazine~.C[1'W. or.M 9et~Jng~Teml~:wew Int.~ ~K3~Bo~o. Cam~Mty Propo~M O~03.dog : THE CITY OF BORON BEACH PUBLIC ENTITY EXCESS INSURANCE PROGRAM (Continued) PUBLIC OFFICIALS AND EMPLOYEES LIABILITY INSURANCE Self Insured Retention: Liability Other Than F.S.768.28: $200,000 Per Occurrence Liability for F.S. 768.28: $100,000 Per Claimant $200,000 Per Occurrence Coverage: Sums that the insured becomes legally obligated to pay as damages because of a "Wrongful Act" to which this insurance applies. Exclusions: A. Seeking and of the following to which you are not entitled: - Profit Gain Advantage Other remuneration B. Dishonesty C. Seeking relief, or redress, in any form other than money damages D. For loss, damage to or destruction of any tangible property, including and resulting in loss of use E. Arising out of bodily injury, sickness, disease, death or mental anguish F. False arrest, assault or battery, detention, imprisonment, etc. (3. Arising from a publication or utterances in the course of or related to advertising H. Arising from strikes, riots or civil commotions I. Arising from adverse condemnation and/or adverse possession J. Arising from the willful violation of any statute, ordinance or regulation committed with your knowledge or consent THE,CITY OF BOYNTON BEACH PUBLIC ENTITY EXCF_~S INSURANCE PROGRAM (Continued) PUBLIC OFFICIALS AND EMPLOYEES LIABILITY INSURANC~ Exclusions: K. Pollution (this exclusion docs not apply to l to~ y (Continued) Injury or Prope Damage caused by heat,; m fumes from a hostile fire L. Arising from your activities in a fiduciary c. ~pl ~t~ M. Arising from activities of any attorney in la' v, cc personnel, architect, engineer or accountant scope of his professional duties N. Arising out of breach of contract O. Arising out of activities of any law enforcer agency or personnel P. Arising out of any awards of back salary Q. Arising out of the operation of or activities :Df: ty schools, airports, transit authorities, hospita is, ~u , authorities, utilities R. To any cross claims or counter claims brouli~t !:y. insured under this coverage against another im ~ re. under this coverage S. Arising out of failure to pay any bond, inter"~st ,,:n bond, any debt, financial guarantee or debentu T. Arising out of failure to provide adequate ir' su coverage THE CITY sO ON PUBLIC ENTITY EXCF_.~$ INSURANCE PROGRAM (Continued) LAW ENFORCEMENT Self Insured Retention: Liability Other Than F.S. 768.28: $200,000 Per Occurrence Liability for F.S. 768.28: $100,000 Per Claimant $200,000 Per Occurrence Coverage: We will pay on your behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury (herein called "personal injury") sustained by any person or organization and arising out of one or more of the following offenses committed in the conduct of the named insured's business: Group A: False Arrest, detention or imprisonment, or malicious prosecution Group B: The publication or utterance of a libel or slander or of other defamatory or disparaging material, or publication or utterance in violation of an individual's right or privacy; except publications or utterance in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the named insured. Group C: Wrongful entry or eviction, or other invasion of the right of private occupancy Group D: Erroneous service of civil papers, false imprisonment, or assault or batter Exclusions (Liability coverage · Personal injury arising out of the willful violation of a penal specifically excludes, but is not statute or ordinance committed by or with the knowledge or limited to the following): conSent of any insured · Personal injury arising out of the deprivation of any rights, privileges or immunities secured by the Constitution and the Laws of the United States -' BOYNTON BEACH ' THE CITY OF I LIQUOR LIABILITY I Insurer: Mount Vernon Fire Insurance Company _2 Best's Rating: A++ IX I ~ Term: October l, 2003 - October l, 2004 l0 Coverage: · Liquor Liability Coverage Part/Occurrence Form - CG0033 ' · Designated Premises - CG 2806 i · Service of Suit , · 25% minimum earned deposit I ~ ' Location: Restaurant located at . City of Boynton Beach Municipal Golf Course 8020 Jog Road I ~ ' Boynton Beach, FL 33425 . Limit of Liability: $1,000,000 Each Claim $1,000,000 Annual Aggregate $ 27,500 Liquor Sales (Beer & Wine) I Receipts: $ 85,000 Food Sales · $112,500 Combined Sales !' _. Exclusions (including but · Punitive Damages not limited to): · Absolute Pollution I ' · Limit coverage to Insured's premises Warranties: · Premises Liability insurance maintained  ' · No liquor operations away from Insured premises - · No violations · No dancing, no live entertainment or DJ's I' · No losses ' ' · Closes on/or before 10:00 p.m. ~. Premium: $1,635 (includes a $35 Service Fee) I i N:~JG,,PUBLPROP~Boynton Bch Clty~2003~Boynton Casualty Proposal 0903.doc ARTHUR J. GALLAGHER & C0.- 2255 GLADES ROAD, SUITE 40(IE - BOCA RATON, FLORIDA 33431 , F.E.I.N. - 58-1743869 ,,, INVOICE , City cf Boynton Beach Inv~¢eDate 38/2!/03 i00 E. Boyn=on Beach Blvd. Inv~ceNo. 10855 P.O. Box 3!0 BilI-ToCe~e BOYNTONBCHC~TY Boynuon Beach, FL 33425-0310 Client CAe BOYNTON~CHCITY I~w Or,er No. 320*10101 Name~ lnsu~: City of Bonn=on Beach Amount Remitted: $ Make checks payable to: A~ J GALLAGHER-BOCA EATON 09/19/03 39/19/03 Columbia Casualty Comt~any co Policy No. BINDS-RS611 ~9/19/0~ *New - Misc. Co~ercial Line 605.00 *New - Policy Fee ~5.00 Invoice Number: 10855 Amoun~ Due: 6%0.00 EFB Page: i ORIGINAL INVOICE THE CITY OF BOYNTON BEACH GENERAL LIABILITY - BANNERS Insurer: Colony Insurance Company Best's Rating: A VII Term: October 1, 2003 -October 1, 2004 Limits: $ 2,000,000 General Aggregate Limit $1,000,000 Products-Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $ 50,000 Fire Damage Limit (any one Fire) $ 1,000 Medical Expense Limit (any one Person) Deductible: $ 500.00 Bodily Injury - per occurrence / includes LAE $ 500.00 Property Damage - per occurrence / includes LAE $ 500.00 Personal Injury and Advertising Injury - per occurrence / includes LAE Exposure: · 100 Cloth Banners · Located throughout the City of Boynton Beach Endorsements: · Commercial General Liability Coverage Part (CG 000l 0196) ° Occurrence Form · Service of Suit Designated Premises (Banner displayed at various locations) · 25% minimum earned · Limitation of coverage to business designated Exclusions (including but not · Y2K and other computer related problems limited to): · Nuclear Energy Liability Exclusion · Hazardous Materials Exclusion · Subsidence of Land Exclusion · Punitive or Exemplary Damages Exclusion ° Assault & Battery Exclusion · Lead Contamination Exclusion · Employment Related Practices Exclusion · Fungi or Bacteria Exclusion · Terrorism Exclusion* Premium: $4,297 · To include Terrorism, the additional premium is $100.00 N:~.JG\PUBLPROP~Boynt°n Bch Clty~200a~Boynton Casualty Proposal 0903.doc THE CITY OF BOYNTON BEACH MEDICAL PROFESSIONAL LIABILITY 1 ~ Carrier: Under~vriters at Lloyds I i~ Best Rating: A- XV i ,, Term: October I, 2002- October l, 2003 $1,000,000 Each Professional Incident Limit Limit: · $3,000,000 General Aggregate Limit i' · Deductible: $50,000 Each Claim including Expense ' Operations of Insured: Ambulance service including EMT's, Paramedics and · the Medical Director I ' Form: Claims Made Retroactive Date: October 1, 1995 Exclusions: · Punitive Damages Exclusion (including but not limited · Absolute Pollution · Sexual Abuse to): · AIDS/HTLV · Physicians, Surgeons and Dentists I' · Coverage Limitation Endorsement (excludes ali operations other than those described in Insured's operations above) · Employment Practices Liability 1' · Mold · Terrorism* ] Subject to: · 25% Minimum Earned Premium · Annual Audit based on number of calls ~ Terms & Conditions: · Claims Extension Option: 12 months for an additional premium not to exceed 175% if  ' exercised during the 30 day extension period · Extended Discovery Period: , Automatic: 12 months if company cancels or refuses to renew and  30 if insured cancels or does not renew days  , Premium: $23,600* · To include Terrorism, the additional premium is $4,720 I' N:~A, JG~UBLPROP~Boynton Bch Clty&2OO3~,Boynton CasualbJ Proposal 0903.doc i' TULIP QUOTATION Insurance Comoany Clarendon National Insurance Co. LIMITS GENERAL AGGREGATE NONE PRODUCTS & COMPLETED OPERATIONS AGGREGATE $1,000,000 PERSONAL & ADVERTISING INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE $ 50,000 MEDICAL PAYMENTS EXCLUDED RATING CODE DESCRIPTION RATE DEPOSIT PREMIUM 43424 Exhibitions - Outside Per TULIP Rate Endorsement $5,000.00 MP 63217 Exhibitions - In Per TULIP Rate Endorsement Included Buildings TOT.~L. DEPOSIT $5,000o00 $5,000.00 Minimum Premium regardless of policy term. Terrorism Risk Insurance Act of 2002 ("the TRIA") Disclosure This quotation offers coverage for loss caused by certified acts of terrorism as defined in the TRIA. That part of the total premium amount quoted here by the insurance company making the quotation ("the insurer") that is attributed to coverage pursuant to the TRIA is $__150.00_. It does not include any charges for the portion of terrorism loss paid by the United States government. Under the TRIA, the United States government pays 90% of covered terrorism I_neees exceeding the insurer's deductible as defined by the TRIA. i ~ N:~JG~°U BLP ROP~B°ynt°n Bch City~2003~Final Tulip Pr°p°sal' DOC FLORIDA LEAGUE OF CITIES, INC. CI..'LE£tRATING 25 YEARS OF MUNICIPAL h¥&'URANCE FAX I;ROM .IIYR. ON Itl. lA. I_.tD va~ August 25, 2003 bboa rd(~))llcities.com x'o~a~ Pages 1 Su}::ic,':r: 03/0-1. Renewal Premium Al, $ 68,207 APD 43~56 ........ '~;'ob ..... :...2 ,4._~o.5.~2 ......... $516,995 Public Ei::k S;'rvices POst O{'ficc Box ~30065 Orhm,lo, i.L 33853-0065 -107..il!5-q 142 Suncom 344-6767 Fax 407-425-9378 l'Ica:~ call (407) 425-9142 i f y~:,~t [mv~ any q~csliuns or experience ~W problems in r¢ceiving this telecopy. CITY OF BOYNTON BEACH 2003 - 2004 '-' (1) Claim deposits will be reviewed semi-annually and audited at the 18m, 24m, 36~ and 48~ month. (2) Ind-Sumharge states am identified as Arizona, Flodda, Idaho, Maine, Minnesote, New Mexico, New York, North Carolina, Ohio and South Carolina. Should the City of Boynton Beach have claims in these states, they will be billed at the rates listed on the renewal cost and terms document. (3) Claims will be handled for the life of the contract with no additional per claim fees. If the City of Boynton Beach should decide to non-renew, their existing open files can be handled in one of three ways: 1. Gallagher Bessett would continue to handle the open files at our prevailing rates fee per year per open file. 2. Gallagher Bassett would continue to handle the open files on a Time end Expense basis.* 3. Gallagher Baseett would return the files to The City of Boynton Beach (Contingent upon Carrier approval). *There will be additional charges for ongoing RISX-FACSe, Administration and Banking fees for as long as GB handles Claims. (3) RISX-FACSe includes the following: · New Claim Set Up · Historical claims · City of Boynton Beach Report Package · Carder Report Package (4) Account Administration includes the following: · Account Manager · Topical Captioned Reports (Property & Liability) @ 50,000 · Index Bureau Reporting · Settlement Authority -0- · Quarterly Meetings · Banking - Voucher (5) Billing and Payment Terms: Fees will be billed on an agreed upon interval (monthly, quarterly) during the calendar year. Fees are payable upon receipt of the invoice. Gallagher Bassett reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. (6) Claim {~hamea: The claim charge is applicable per claimant per line of coverage. Example Only:. A client dudng working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $724 Claimant #2 - Auto Liability Bodily Injury $724 Claimant Owner - Auto Liability Property Damage $370 Client - Auto Physical Damage $370 $2,188 T~e total G~ (7) Allocated Expenae~: Shall be the responsibility of the CLIENT and shall include, but not be limited to: · Legal fees · Pre-and post-judgment interest paid · Professional photographs · Managed Care · Extraordinary costs for witness · Medical examinations statements · Extraordinary travel made at client's request · Medical records · Court reports · Experts' rehabilitation costs · Accident reconstruction · Fees for service of process · Chemist · Architects, contractors · Collection cost payable to third parties on · Engineer subrogation · Police, fire, coroner, weather, or · Any other similar cost, fee or expense other such reports reasonably chargeable to the investigation, · Property damage appraisals negotiation, settlement or defense of a claim · Sub Rosa investigation or loss which must have the explicit prior · Official documents and transcripts approval of the client. STANDARD CLAIMS MANAGEMENT SERVICES (13) Uability Claime Investigate, evaluate and adjudicate all third party claims for which The City of Boynton Beach may be legally obligated. Third-party claims will be managed and administered in accordance with our product guidelines. (14) Property Claims Investigate, evaluate and adjudicate all first-party claims which the City of Boynton Beach reports involving damage or loss of real or personal property. First-party claims will be managed and administered in accordance with our product guidelines. V.-CONSENT AGENDA CITY OF BOYNTON BEAI ITEM G. AGENDA ITEM REQUEST F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ~Meetin~_~_!.~ in to CiW Clerk's Office Meeting Date,fi_ in to CRV Cl~rk'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) [] 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: Motion to approve reduction of surety covering the water and sewer systems for the project known as Leider P.U.D. (aka Tuscany Bay), reducing the existing surety requirement of $1,291,910.00 downward to the new value of $129,000.00. EXPLANATION: The developer of this project currently had previously posted a letter of credit with the City to guarantee satisfactory completion of the on-site water and sewer systems serving this project. Those systems have now been substantially completed, and all documentation has been provided. The revised surety requirement may be satisfied by either amending the existing letter of credit from SunTrust Bank (in which case that letter of credit may be returned to the developer), or furnishing a separate letter of credit for the new amount. PROGRAM IMPACT: None FISCAL IMPACT: None ._A~LTERNATIVES: N~ne. The City's Code allows for periodic i7uctions in surety requirements. ~ Department Head s ,~ignature City M-ar~ager's Signature UTILITIES ~O,n.~, Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XC: Dale Sugerman Peter Mazzella Barbara Conboy Mary Munro, Finance Dept. File S:\BULLETIN\FORMS\.AGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM H. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates 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) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '~. [] Code compliance/Legal Settlements [] Unfinished Business .~. RECOMMENDATION: Resolution authorizing the release of a cash bond of $20,000.00 to TRG Boynton Beach, Ltd. for the project known as the Marina sales trailer. EXPLANATION: On May 20, 2003, the Building Division sent to the Finance Department a cash bond of $20,000.00 for the completion of the permitted work for the project known as the Marina sales trailer located at 743 N.E. 1st Avenue. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: ~N/~ne Quintas~. ~reerle, ~)evelopr~nt Director -'r Ci-t~ lX74anager's Sigm;ture Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, 131orida 33145 City of Boynton Beach ~,~ ~/~b~ Building Department Subj Marina Village at 743 N.E. First Ave Attn: Mr Don Johnson, Director Dear Mr. Johnson, Please note that Marina Village at 743 N.E. First Ave. has completed all of the corrections listed in our partial Certificate of Occupancy for permit # 03-1323. We are requesting the $20,000.00 check left as warranty to be returned to us as soon as possible. Feel free to contact the undersign in case of any questions Best regards, ~ JENNIFER WARD I  (~ ~co~ss~o.,.c~o I ~ Boned ~ A~t~ N~ I ~ ~ c ]os Te Project Director 786 229 1631 cc: Bri~ Smith, Marina Village EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DMSION MEMORANDUM NO. 03-097 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~ DATE: May 20, 2003 SUBJECT: CASH BOND - MARINA SALES TRAILER - 743 N.E. 1sT AVENUE Attached is a check for $20,000.00 fi-om TRG Boynton Beach, Ltd. This is a cash surety for the Marina Sales Trailer 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/check XC: Timothy K. Large, Building Code Administrator Permit File tt 03-1323 S:XDevelopment~BUILDINGLMemos~Cash Bonds - 2003\Cash Bond - Marina Sales Trailer 03-1323.doc EXHIBIT "B" ~oo~- ~) CityNatienal Batik O F F L O FI I O A May **.*CITY OF BOYNTON BEACH*** ~to ~he or'er of **Twenty Thousand Dollars and Z~ro Cent~** Rmf: TRG Boynton Beach, Ltd. TCO : ClW OF BOYNTON BEACH ~ N9 ' 33035 EXHIBIT "C" · V.-CONSENT AGENDA ri'EH I. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM I~COMMENDATION: Motion to approve the updated Library Long Range Plan for EXPLANATION: TI~ State requires that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. The Library Advisory Board reviewed the updated plan at its August meeting and recommended its approval. PROGRAM IMPACT: Approval will qualify the Library to apply for Stsm Aid Grants. FISCAL IMPACT: Sram Aid Grants can bring additional library resources to the community. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. The Library would also have to withdraw from the Library Cooperative of the Palm Beaches as membership in the Cooperative ia contingent on nmetin9 the State requirements. ~D~ Head,s Sig~f - , ~ Library Department Name City Attorney / Finance / Human Resources S:~BULLE~ORMSx~.OENDA ITEM REQUEST FORM.DOC Boynton Beach City Library Long-Range Plan, 2004-2006 A. Mission Statement The mission of the Boynton Beach City Library is to select, organize, preserve and make available, freely and easily, to all residents of the community, printed and other, materials, within the limitations of space and budget, which will aid them in the pursuit of education, information, research, recreation and in the creative use of leisure time; and further to provide skilled guidance in the use of the library and its materials and electronic resources. B. Service Statement: The Boynton Beach City Library provides our customers with the best resources and personal service. C. Lont-l~nRe Goals - General Statements. The following goal statements define the philosophy of service and determine the broad- based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. 1.0. Reference. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 2.0. Popular. Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time frame. 3.0. Independent LenrninR. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 4.0. Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 5.0. Facilities. Patrons are provided attractive, well-maimained, user-friendly facilities offering expanded technologies. 6.0. Staff. The public is assisted by knowledgeable, well-trained, courteous, technological and service-oriented staff. 7.0. Technoioc-v. Patrons and staff use appropriate technology to facilitate access to information. 8.0 Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 9.0 ~. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 10.0. Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization and its' operations, policies, and procedures. O. Goals and Objectives. 1.o. Reference. Customers receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 1.1. ~. Increase transactions by two percent (2%) per year, using FY1998 as the base year, 2004-2005. 1.2. ~. Continue to improve patron access to reference materials and magazine articles, in all formats including electronic resources, by expending 10% of State Aid Funds in this area, 2004. 1.3. ~ Plan, develop and implement a business, finance and government information service program, 2004-2006. 1.4. ~?~i~X.~. Serve as the informational resource center for local education issues, 2004- 2006. 1.5. ~t_~y~. Public Services. Enhance citizen's knowledge of library and museum services, 2004 Outcome 1. Promote a different service each month. Outcome 2. Cross promote library and museum. 1.6. Objective 6. Business Services. Organize and preserve statistical information for ea~. retrieval cad consistem'y, 2004 Outcome 1. Statistical information will be automated, up to date and preserved I. 6. Objective 7. Special Services. Create and maintain partnerships among museum/library~school~businesses while operating a high quality interactive children's museum, 2004. Outcome 1; Maintain existing and create 5 new relationships. I. 7. Obiective 8. Support Services. Increase awareness of high interest items v~a standard and enhanced catalogqng, 2004. Out~ome 1. Continue to add Lexile reading levels to catalog records. O#tcome 2- Reduce level of legacy brief cataloging by 5°/6. 2.0. Popular. Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time flame. 2.1, Obiective 1. Review and update Collection Development Plan, 2004-2006. 2.2. Objective 2. Increase total materials circulation (all formats) by one percent (1%) annually, 2000-2006. 2.3. Objective 3. Increase total number of library cardholders by two percent (2%) annually, 2004-2006. 2.4. Obiective 4. Expand the collection in all formats by expending up to 40% of State Aid funds in this area, 2004-2006. 2.5. Obiective S. Improve patron access to circulating and reference materials in all formats (including home access to electronic resources), ongoing. 2.6. Objective 6. Increase usage of the media/technology area of the library, 2004-2006. 3.0. Independent Learnim~. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 3.1. Obiective 1. Refine and continue to expand youth and adult computer training, concentrating on library skills, word-processing and Intemet usage, 2004-2006. 3.2. Objective 2. Define, collect statistical data and measure public use of electronic resources against FY 2000 baseline, 2000-2006.. 3.3. Objective 3. Finalize plans for utilizing library technology to extend hands-on learning experiences to the customers of the Schoolhouse Children's Museum, 2000. 3.4. Obiective 4. Continue Youth programs and implement refinements, 2004-2006. 4.0. Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4.1. ~. Develop one additional school partnership program annually, 2004-2006. 4.2 ~ Monitor the state's Distance Learning Initiative Plan and incorporate relevant elements into the library's plan, 2004-2006. 4.3 ~. Construct and implement a user survey for school-aged children, 2004. 4.4 ~ Continue to refine, implement and promote a Library After-School MentoringfFutoring Program with emphasis on Library Services, 2004-2006. 5.0. Facilitie& Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded, relevant and appropriate technologies. 5.1. ~ Operate Schoolhouse Children's Museum facility annually, 2004-2006. 5.2. ~ Submit minimum of one (1) grant per year for the Schoolhouse Children's Museum, 2004-2006. 5.3. ~. Public Services. Refine and expand access to electronic equipment and resources for all ages, 2004-2006. Outcome 1. Offer patrons at least 6 computer classes on a variety of subjects. Outcome 2. Continue to request arm add patron e-mad addresses to COAIA database, encouraging customers to set up PIN numbers to use special COAiA features. 5.4. Obieetive 4. Business Services. Implement library design and construction, 2004-2005. Task 1. Monitor the library design and construction project.' 5.5. ~. Support Services. Create a unified electronic information source, 2004-2006. ~. Implement SCO Unix upgrade. ~. Add local content components to COALA's web site. 6.0. Staff The public is assisted by knowledgeable, well-trained, courteous, technology and service oriented staff. ' 1 6.1. Obiettive 1/ Promote and make available to staff SEFLIN continuing education courses, 2004. 6.2 Obieetive 2. Working with the City's Professional Development Manager, incorporate city's education/training component into library staff training plans 2004. 6.3 Obiective 3. Special Services. Recruit, train and sustain a dedicated staff, board and volunteers, 2004. OPlccome 1. Evaluate, revise and implement strategic platt 7.0. Technololnr. Patrons and staff use appropriate technology to facilitate access to information. (See Technology Plan, Addendum A) 8.0. Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 8.1. Obiettive 1. Review techniques and methods for marketing/promoting the Library throughout the community, develop and implement a public relations plan, which will facilitate community awareness, 2004-2006. 8.2. Qbiective 2. Public Services. Promote visits to Town Center, 2004. Outcome 1. Conduct at least one genealogy family history program in conjunction with the museum. Outcome 2. Attain press coverage at least 5 times in the print media. 8. 3. Obiective 3. Business Services. Provide a secure environment for patrons using the library campuses, 2004-2006. Outcome L Continue to strive for fewer incidents in and around library facilities and Outcome 2. Continue to provide proactive security guard and staff on duty at appropriate times. Outcome 3. Promote the library's safe environment to the public. 8.4. Obieetivc 4. Gain regional recognition for innovative programs involving parent-chiM interaction, 2004-2006. Out¢om$1. Attain recognition by at least 2 regional organizations. 8.5. ~. Utili~,e the Internet to promote the Library/Museum, ongoin~ 9.0. C~ Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. - 9.1. Obieetive 1. Increase staff participation in Seflin, 2004-2006. 9.2. ~ Expand membership in the Library cooperative of the Palm Beaches, 2004- 2006. 9.3. _Q.[ll.~!~. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of tbe Palm Beaches, 2004-2006. 9.4. ~ Improve access to information for residents of all ages by promoting Library Cooperative reference programs, 2004-2006. 9.5. Obieetive 5. Increase the availability of library resources and services to serve special populations within the Library Cooperative service area, 2004-2006. 9.6. Ob|eetive 6. Increase awareness of programs, services and benefits of the Library Cooperative, 2004-2006. 9.7. ~_,~..~. Provide equal access to public library service for all residents in the Library Cooperative service area, 2004-2006. 9.8. Objective $. Increase the effectiveness of member library staff by providing appropriate continuing education and training opportunities, 2004-2006. 9.9. ~ Promote cooperation among Library Cooperative ~nembers by involving staff at all levels in planning and evaluation, 2004-2006. 9. I0. ~~.~. Support Services. Continue and expand cooperaiive services and staff participation m COALA, SEFLIN & the Library Cooperative of the Palm Beaches, 2004- 2006. Outcome 1. Provide opportunities for full-time staff members to attend at least 1 cooperative act~ty. Outcome 2. Encourage staff arM customers' usage of SEFLIN's MyLibraryService. org and Mi ServiciodeBiblioteca. org. 10.0. Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and moditication of the organization, and its operations, policies, and procedures. 10. I. Obieetive 1. Maintain library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands of the community, 2004-2006. 10.2. Obieetive 2. Review and evaluate existing procedural manual for relevance and currency, 2004-2006. 10.3. Obieetive & Conduct annual reviews of library policies and procedures so as to insure relevance, currency and effective community access to the h~orary's information resources, 2004-2006. 10.4. Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, 2004-2006. 10.5. Obie~tive $. Assist in the planning, development, and implementation ora Strategic Plan for the Schoolhouse Children's Museum, 2004-2006. Addendum A. Library Technological Services Plan. 1.0. Mission Statement. The Boynton Beach City library envisions the use of technology to expand and enhance public access to its diverse inventory of information service products. In this endeavor, the library will continue to fulfill its function as the community's information resource center, serving a diverse, multicultural clientele. 1.1. Statement of Purpose. It is the intent of this library to establish, maintain and continue to develop an environment that facilitates efficient and effective public access to the wide range of informational resources available through the use of state-of-the-art technological tools. An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices, wide area networks (WANs), internet and other telecommunication tools, online catalogs, web sites, electronic materials and the like. In this "patron friendly" technological context, the training of all library staff members and patron/clients alike is an essential element in the success and growth of such an information rich environment. The knowledge of the "how's, the what's and the where's" of the technological tools of our information age is the key to success. Therefore, the training of library staff members and patron/users is a pivotal component in the library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the development and execution of high quality, effective and readily accessible .ihformation services to Library customers, including those clients with special needs and the community at large 2.1. Goals, Objectives, Outcomes and Measurements 2.2. Goal 1. Provide for expanded client access to the informational resources available at the local, regional, state, national and international levels through the increased utilization of state-of-the-art technological tools and resources. 2.2.1. Obiective 1. (Hardware and SoRware). Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, 2004-2006. ~ Implement a computer upgrade plan providing a schedule for replacing one quarter of the library's public computers every year. Me41surement 1.. Ten public computers are replaced each year, beginning in 2004. Outeome 2. Implement network infrastructure upgrade plan providing a schedule for replacing all of the servers, communications hardware and other related equipment within a 5-year period. Me~urement 2. At least one server and one switch/hub/router are replaced each year beginning in 2004. Outcome 3. Implement printer and scanner upgrade plan providing a schedule for replacing the library's public printers and expand printing capability. Me~urement :5. At least one public printer is replaced each year beginning in 2004 and at least two additional public printers are added by 2006. 2.2.2. Obiectiv¢ 2. (Electronic Products). Enhance and expand public accessibility to the wide range of infommtion resources through a continuing process of introducing relevant technological tools. In addition to 'relevance, these tools should also produce efficient, effective, secure and high quality public service product results, 2004-2006. Outcome 1. Take advantage of regional/state database purchasing agreements to expand public access to available databases by adding at least one additional database service per year, 2004-2006. Measurement 1. Beginning in 2004, one new database will be added to the library's public service inventory. Outcome 2. Review use of all databases each year, add/delete those databases not frequently used. Measurement 2. Staff will meet 2 times during the year to review viability of library databases. Outcome 3. Offer limited Internet access on the public computers, installing Interact connection on 4 public computer workstations in the Museum. Measurement 3. Internet connection installed and functional, 2004. Outcome 4. Offer Interactive Learning Games related to the various Schoolhouse Children's Museum themes on 4 public computer workstations. Measurement 3. Software for interactive learning games installed and functional on 4 public computer workstations in the Schoolhouse Children's Museum, 2004. Outcome 5. Purchase and install dedicated server for storage of a digital collection providing public access to an interactive community, serving 4 onsite workstations and 10 simultaneous remote users, 2005. Meamur~ment 5. Server acquired, installed and functional for 4 onsite users and at least 10 remote users. 2.2.3. Objective 3. (Telecommunications). Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for ail library patrons/users. 2004-2006. Outcome 1. Staff to review at least once a year the pricing, viability and effectiveness of current telecommunications product agreement. Measurement 1. The price is competitive; product is reliable with no more than one failure per month. 2.2.4. Obiective 4. (Administration). Develop, implement and refine policies and procedures, which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost effective product environment, 2004-2006. Outcome 1. To have in place a dear, concise and relevant set of library technology related policies and procedures, which insures ease of public access and maintainability. Me~urement 1. At least once per year, staff reviews, revise or otherwise update existing and/or proposed technology related policies and procedures. 2.2.5. Obiective $. (Administration). Develop an organizational structure, which will provide for the maintenance and support of the public access Internet/Web service product, as well as other online services to the patron/user, 2004-2006. To be addressed during the current planning period. 2.3. Goal 2. (Partnerships). Establish working partnerships with the community at large, including local Governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 2.3.1 Obiective 1. (Community) Establish a team of local representatives to assist in the development of a plan of action, which would determine effective approaches to supporting and promoting technological accessibility to information by the general public. Some considerations would include the optimization of Intemet/Web and distant learning capabilities, 2004-2006. To be addressed during the current planning period. 2.2.1. Objective 2. (Partnerships). To establish partnerships with local community groups, organizations, institutions, etc., for the purpose of supporting and promoting public access to Internet/Web and other electronic information service relevant to patron/user needs and the needs of the community at large, 2004-2006. To be addressed during the current planning period. 2.3. Goal 3. (Hardware and Software). Enhance/upgrade existing access tools through the introduction of technologies and knowledges that promote efficient, effective and expanding use of and access to the wide range of informational resources by the library's patron/users and the community at large. Conceptual options currently under consideration. 3.0. Prof~sional Development Strategy. In order to maintain and grow a set of library service products based on technological developments the Library will continue to provide technology training and learning opportunities for the employees. Improving and enhancing the L~rary staffs ability to assist the public with accessing information using 214 century technology and building the staff comfort level is the expected outcome of such training. The professional, development strategy takes into consideration the technology needs of both patron and staff. Obiective 1. (Training). Develop an ongoing library patron/user-training program that will establish and maintain basic technological skills enabling ease of access. It will include Internet/Web access and search strategies, using and searching the online catalog and other skills and knowledge required to fimction in an electronic information environment 10 and gives a working knowledge of the technological tools and resources available in the library, 2004-2006. Outcome 1... All fifll time employees, who work with the public, will be trained in the use of the Unicom Circulation System, so as to have sufficient backup personnel for the Circulation Desk. Measurement 1. Each full time staff member will attend one Unicorn specific training opportunity provided for by the library's Network Administrator. Outcome 2. All full time employees will be trained in the use library related soi~are products, so as to more effectively work with the public on technology related issues. Measurement 2. All full time employees will attend at least one library related software product-training event per year. Outcome 3. All professional librarians will participate in technology-related training or continuing education events to improve library related technical skills when working with the public. Measurement 3, Professional librarians will attend at least one technology training event, workshop, conference, or seminar each year. Outcome 4. The library's Network administrator will train backup personnel in the operations of the network in order to create an effective level of redundancy. This would maximum problem solving. Measurement 4. The Network Administrator will provide for six (6) library network related training events for at least two- (2) professional staff member during the year. Outcome 5. The Network Administrator will attend system specific training events in order to maintain a state of the art practical knowledge of network functions. Measurement 5. The. Network Administrator will attend at least one bibliographic network conference or workshop per year. Obieetive 2. To provide training and learning opportunities for all library patrons served by the Library so as to increase access to information and open new informational opportunities. 11 !~g.f~iL~. Increase the types of computer training programs by 5% through an expansion of learning opportunities to include basic computer and Intemet skills, electronic bibliographic searching, e-maihng, and office product software, 2004. Measurement 1. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other data bases by 5%, 2004. Messuremeut 2. Documented through training attendance logs and reduced time requiring staff intervention as documented through monthly reports and statistical data. OutcOme 3. Increase the technology training opportunities for the public at the 2 LSTA funded remote sites within the City by 3%, 2004. Messurement 3. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. 4.0. Assessment of Technology Services, Equipment, Software and Other Resources Network. The library's network infxastructure consist ofa lVlL Proliant 370, for the day to day operations of the bibliographic database, including OPAC and cataloging. The Compaq Proliant is running SCO UNIX 5.0.5, SIRSI's Unicom, Apache and Microlite Backup Edge. The library's domain and Internet connection are running on a Compaq Prosignia 740. The operating system is MS 2000 server ISA server running Intemet proxy service. There is also a Compaq EVO D300 computer setup solely for file storage. The communications hardware includes: 3- 3Corn Super Stack II switches, which connects the computers; I Cisco 2905 Router, which is the library's internet connection; 1 - 3Corn Super Stack li Hub for splitting the City network from the library. The communications circuit is a full T1 connection, provided by BellSouth, to FIRN. This library side circuit connection also serves the 3 COALA member libraries. There also one each ADSL Internet connections provided by BellSouth, serving the two remote sites. One is located on site at the Hester Community Center and the other is installed at the Boynton Beach Senior Center. 12 Computerst.' For public use there are available 50 Compaq PCs of various models, serving the library, the museum and 2 remote sites (Hester Community Center and the Boynton Beach Senior Center). All computers are running MS Windows 95 or 2000, MS Office Suite, Norton Anti-V'ums, Fortres (for computer security) and Clean Slate (for computer management). All public computers have access to the lnternet, using Netscape Navigator or MS Internet Explorer, with the exception of the 40PAC units. For staff use, there are available 23 Compaq computers of various models. They are used for Administration, Support Services, Youth Services, Public Services and GIS functions. Printers. There are 2 printers, various black and white lip models, available for the public to use, and one for GIS, which is color. For staff, there are available 10 printers available, various lip color and black and white models. Technical Support. The network is supported by 1.1 FTE staff in-house; the City's ITS staff; SIRSI Corporation, and A.S.K., Inc. (for UNIX support). Occasionally, for special projects, the library will contract for short-term support. Databases. The library currently subscribes to nine (9) online databases. They are; Ancestry Plus, Electric Library, First Search, InfoTrac, Literature Resource Center, Palm Beach Post, Reference USA, SIRS, Standard & Poor's and the Sun-Sentinel. GIS. A computer kiosk providing public access to a wide variety of city maps, for questions concerning utilities, zoning, geographic locators, etc. This is connected to the city GIS database using a Compaq Deskpro EN, with color printing and scanning capability (HP ColorLaserJet 8550N and Scanpartner 15C scanner). Laserliche. Library staff currently uses Laserfiche for internal purposes, including researching financial records and purchasing records, using a Compaq Deskpro EN, with color printing and scanning capability (HPColorLaserJet 8550N and Scanpartner 15C scallller). Staff Training. Currently, the general library staff is trained in basic to intermediate computer use, including Internet navigation and search strategies and use of the automated circulation system (SIRSI's Unicorn software). Approximately fourteen percent (14%) of the staff has been trained in the use of MS Office Suite, MS PowerPoint, MS Project Manager, various graphics software, GIS and Laserfiche sol,rare. Seven percent have some level of training and experience with UNIX operating system, from basic to advanced. There are three sources of technology training. They are SEFLIN; Library initiated training; and, the City's Professional Development program. Public Training. Technology training for the library's customers is for adults, children and young adults. There is a small computer lab in the library, a small computer lab in the Boynton Beach Senior Center and a moderate sized facility in the Hester Community Center. The training program is uniform throughout all of the facilities, including eurriculuml However, there is some allowance for site uniqueness. The range of subject matter includes; basic mouse use, beginning Interact, advanced Internet, bibliographic and database searching techniques and strategies, 2 levels of word, using e-mail, genealogy, working with online stock information, and using literature based databases. In the last year for all sites, the library has trained approximately 3500 customer/students. The demand is high. However, in spite of the expanded resources, there continues to be a shortage of instructors, computers and space. 2.1. Technology Resources Asse~ment Table Asset Type Description Quantity Time in Place Lifespan Network Infrastructure Server, Compaq ML Proliant 370 1 1999 5 years Server, Compaq Prosi~,nia 740 1 2001 5 years Server, Compaq EVO 300v 1 2000 5 years Switches, 3 Corn Super Stack II 3 1999 6 years Router, Cisco 2905 1 1998 5 years Hub, # Corn Super Stack II 1 1998 6 years Internet Circuit, Library TI, BellSouth 1 1998 7 ye. rs lnternet Circuit, Library ADSL, BellSouth 2 2001 7 years Intemet Ciro_fit~ City 1 ~oahit fibre optic 1 1999 7 years Ietwork Clients PC worksta_fions, Compaq EVO D300v 13 2002 3 years PC workst_ations, Compaq Desk?ro 2000 70 1998-2000 3 years PC work,at_ions OPAC 4 1998 3 years Printers, lip Various LaserJet models 12 1999-2003 5 years Software Microsoft Office Suite 95, 2000 and XP licenses 93 1999-2003 N/A Microsoft Windows 95, 2000 and XP licenses 93 1999-2003 N/A Microsoft NT 2000 license 1 2000 N/A LPT ONE Print manager license I 2001 N/A Clean Slate PC m~na~er license 70 2001 3 years Fortress PC security lic~n~ 70 2002 5 years Unicorn, SIRSI Bibliographic license 100 user 2000 N/A iBISTRO, SIRSI 100 user 2002 N/A 3.0. Budget Plannint The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives of this plan. 14 3.1. ~gitt~-.~s~'. Utilize State Aid to supplement funding for the goals and objectives technology plan, 2004-2006. Outcome 1. Purchase of 10 computers for public use as part of the library's equipment replacement plan. Measurement 1. Ten replacement computers installed during the year as a result of allocating of up to 15% of the library's state aid grant, 2004. ~. Purchase of at least one new database in 2004, using State Aid. Me~urement 2. One new database purchased, installed, marketed and made accessible to the public, 2004. e_Q.q!~.q.~. Maintain contract for onsite PC technical support. ~lallt~d~,.~- Contract secured for 209 hour annually onsite PC support, 2004. 3.2. ~. Secure fimding for COALA related technology tasks. Outcome ~. Secure sufficient funding to provide SCO UNIX support, including software upgrades, for the bibliographic database server. M~suremeut 1.. Funding is secured to retain the appropriate level of technical support and software upgrade, 2004. Outcome 2. Secure sufficient funding to provide support for SIRSI's Unicorn and iBISTRO software products, including software upgrades, for the bibliographic database. M__flll!..~r~. Funding secured to provide software support, 2004. Outcome 3. Funding secured for OCLC Holdings Project tO convert 10,000 records. Me~uremeut 3. Funding secured to support the project, 2004. ~ Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements. Measurement 4.. Funding secured to support the maintenance and software upgrade of public computer security and other soft-ware enhancements and action accomplished, 2004. Outcome $. Funding secured for staff and material to support the technology plan and the library's efforts to provide computer and other technological services 15 to the public. This includes fimdin$ support for 1.1 FTE professional, Measurement $. Funding secured for 1.1 FTE staff to support library technology plan and initiative, and the necessary material. Planned Technology Budget Source Plan Description Amount Year State Aid Funds 3.1, Outcome 1 PC replacement 8,900 2004 Sta~t_e Aid Funds 3.1, ~,~come 2 D~t_abase purch~o,e 8,000 2004 State Aid Fu_nds 3.1, Outcome 3 Onsite PC support 14,000 2004 LoC_~ Funch 3.2, ~_~tcome 1 SCO Unix support 2,600 2004 Local Funds 3.2, Outcome 1 SCO Unix upsrade 3,000 2004 ' Local Fund.~ 3.2, Outcome 2 Unicorn _and iBist~o support 7,268 2004 Local Funds 3.2, Outcome 3 OCLC Holding~ project 3,740 2004 Ia:mai Fund~ 3.2, Outcome 4 OCLC Cat Express 1,900 2004 Local Funds 3.2, Outcome 5 Support staff, 1.1 FTI~ ~$25, 57,900 2004 44hrs/w 4. Pl.~n Evaluation. The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The measurements are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure improvements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. The are an indication of the needed improvements and enhancements which have been determined to have a direct impact on public use of library technology and ease of access to information. The key areas for review are public access to information impact; professional development; available telecommunications, equipment and soi~tware; and, the acquiring of appropriate funding to support the plan. The technology plan is reviewed, evaluated and updated each year by staff, submitted to the City Commission for review and adoption; and, forwarded to the State Library. 16 V.'CONSENT AGENDA CITY OF BOYNTON BEAC! ITEM 3. AGENDA ITEM REQUEST FO ,. Requested City C onunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in M~t:mg Dates in to City Cl~rk' s ~ Me~fin~ Dat~ tO City Cl~k's Offi~ [] August 5, 2003 July 14, 2003 (Noon.) [] Octobex 7, 2003 S4~tcm~ 15, 2003 (Noon) [] August 19, 2003 August4, 2003 (Noon) [] October21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] Novembe~ 5, 2003 October 20, 2003 (Noon) [] Septemt~-r 16, 2003 Sepl~nber 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] 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: Motion to approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications (RFQ) ~065-2821-03/CJD, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach"; and, to authorize the Utilities Department to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute #287.055, Consultants' Competitive Negotiations Act. EXPLANATION: :~ The Utilities Department has undertaken a process to select an updated group of~ns~g that was selected has run its three-year course..~;~ sep~roe.:' engineers because 0 /CJI)the currentwas issuedgr°uPb the Procurement Services Department on May~ 204~o RFQ #065-2821- 3 Y ...... ~_.-~-;-~ 1,694 firms throughout the country. A total of 160 firms actually obtmneO eopmes of thriCe:tn anticipation of submitting a proposal A Pre*Submittal Conference was held on May ~, 2~_t~.~'.,:~ ::: and the deadline for RFQ submittah was June 17, 2003. ~ ~c~ The RFQ consisted of four distinct (4) Scopes of Service and consulting firms/engineers ~ invited to submit a Letter of Interest for any one (1) scope or a combination of any of the four (4) scopes as follows: Scope A: Water Plant Expansion and Capacity Replacement · Scope B: Weilfield Development and Hydrogeologicai Services · Scope C: Infrastructure improvements and Repairs · Scope D: Ancillary Studies and Services S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Twenty-seven (27) individual firms responded to the RFQ for a total of 57 Letters of Interest (12 for Scope A; 11 for Scope B; 25 for Scope C; and 9 for Scope D). Exhibit 'A' is attached indicating the submittals received. A full set of the 27 individual responses will be placed in the City Commission offices for your review and inspection. A ten member Evaluation Committee was given 30 days to independently review and evaluate aH 57 submittals using a standard Weighting Score Sheet (attached as Exhibit 'B'). One (1) score sheet was completed for each Letter of Interest submitted, a total of 57 score sheets were completed by each committee member and the highest possible score was 500. Spreadsheets were prepared from the individual raw scores; averages were calculated for each scope and for each committee member; and the averages were sorted in descending order. A "Notice of Evaluation Committee Meeting" was issued on August 11, 2003, per Florida State Statutes 286.011; and the Evaluation Committee meeting (open to the public and ali of the respondents) was held on August 21, 2003 for the purpose of open discussion and analysis of the 57 responses by all of the committee members. Bill Atkins, Deputy Director of Finance served as the Evaluation Committee facilitator. PROGRAM IMPACT: This RFQ was issued to secure the services of qualified consultants/engineers for assignments logically tied to the development, operation, and maintenance of the City of Boynton Beach Utility Department. It is also intended for use by other departments as applicable. Respondents were informed at the Pre-Submittal Conference that the City was ultimately looking to contract with as many firms as possible that could demonstrate their ability to be quick, nimble, responsive, innovative and cost effective under any or all four (4) Scopes of services; a specialty in one (1) area would also be acceptable. The Evaluation Committee mutually agreed to set individual parameters for each scope in order to determine the top ranking qualifiers and to show fairness in choosing the number of firms for recommendation. Scope A The overall average for Scope A was 304.00. The committee determined that the top ranked six (6) firms above this average would be able to provide the services required under Scope A and to use the overall average as the baseline/cut-off point for this scope. Therefore, the Evaluation Committee recommends the top ranking six (6) firms as indicated on the attached Scope A Recommendation Schedule. S:XBULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Scope B The overall average for Scope B is 302.94. Discussion regarding the expertise required for the design of sur~icial and Floridan aquifer wells led the committee members to determine there was value in using 318.99, an average calculated by excluding the lowest average score, as the baseline/cut-off point for this scope. Therefore, the Evaluation Committee recommends the top ranking five (5) firms as indicated on the attached Scope B Recommendation Schedule. Scope C The overall average for Scope C is 300.97. Scope C is a very broad scope and consideration was given to specific tasks and areas of expertise. Based on the projected needs of the City, the committee determined it would be beneficial to usc 307.66, again excluding the lowest average score, as the baseline/cut-off point for this scope. Therefore, the Evaluation Committee recommends the top ranking ten (10) firms as indicated on the attached Scope C Recommendation Schedule. Scooe D The overall average for Scope D is 278.81. Using a perfect "average" rating calculated on the Weighting Score Sheet yields a score of 300. Since the overall average for Scope D fell below 300, this scope became the most difficult to evaluate. It was the consensus of the committee that the rating system (Weighting Score Sheet) did not allow the Evaluation Committee enough flexibility in evaluating the responses to Scope D because the weighting score sheet better fit areas of measurement more pertinent to Scopes A, B, and C. The committee discnssed recommending the top four (4) firms vs. all nine (9); however, it was decided that ali the firms added valuable experience that could be utilized in Scope D and it would best serve the City to recommend aH nine (9). Therefore, the Evaluation Committee recommends aH nine (9) firms as indicated on the attached Scope D Recommendation Schedule. FISCAL IMPACT: At this time, there is no fiscal impact in approving the recommended list of firms. Approving the recommended list only gives the staff the approval to move forward with the next step in the selection process. That is, entering into negotiations for fixed prices with the selected firms. Once the staff is able to complete negotiations with the selected firms, contracts for service will be brought back to the City Commission for approval. Once contracts for service are then entered into between the City and the individual consultants, the final fiscal impact on any particular project will not be determined until the time when an individual task order is assigned to the consultants/engineers. Task Orders in excess of $25,000 are brought to the City Commission for S:',BULLETINWORMSXAGENDA FFEM REQUF~T FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM award of the work. The Utilities Department has projected an estimated $80,000,000 budget for Capital Improvement Projects over the next five (5) years. ALTERNATIVES: The Evaluation Committee has made a best effort to help the City Commission identify the top firms for providing engineering services to the City over the next two years (with two, two-year renewals also available.) The City Commission, however, does not need to take the recommendation of the Evaluation Committee. The City Commission has three alternatives to what is proposed: 1) Modify the list submitted by the Evaluation Committee and direct negotiations to take place with a different number of respondents. 2) The entire City Commission could conduct interviews of all respondent firms and make a selection based upon the interviews of all, or a partial list of respondents. 3) Reject the entire Request for Qualification process, directing staffto modify how consulting engineer's will be selected. Dale S. Suger~nan, ~ C~fi)~M~aager's ~ignature Assistant City Manager Utilities Department ~/)~.~ Department Name City Attorney / Finance / Human Resources cc: Utilities, WRLT File S:XBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC The Cit o Bo nton Beach OFFICE OF THE CITY MANAGER ' 1 O0 E. BoyntOn Beach Boulevard P.O. Box 310 Boynton Beach. Florida 33425-0310 City Manacjeff s Office: (561) 742-6010 FAX: (561) 742-6011 e-rnaib ctly. manager~ct-boynton-beacb~f~ us www. ct. boynton-beach.fi, us To: City Commission From: Kurt Bressner, City Manager~ Date: September 5, 2003 Subject: City Commission Consent Agenda Item J - Engineering Proposals Included in your agenda packet for the Meeting of September 16, 2003 will be a staff report regarding selection of engineers for various Utility projects. The staff team (including a citizen volunteer) reviewed qualifications of engineering firms based on 57 letters of interest filed with the City for the firms. One firm SFRN, Inc. will be filing a letter with the City Commission to be included on the "short list" of firms for additional scope of work. This is a local firm based in West Palm Beach. I have not received the letter yet but it will be provided to the City Commission, when received. In the interim, I am attaching an advance copy of the agenda coversheet for this item. Cc: James Cherof Wilfred Hawkins Dale Sugerman Request for Qualifications #065-2821-03/CJD Two Year Contract for General Consulting And Engineering Services for the City of Boynton Beach EXHIBIT 'A' RFQ SUBMITTAL RESPONSES Scope A Scope B Scope C Scope D Water Plan Expansion Wellfleld Development Infrastructure Ancillary Studies and and Capacity and Hydrogeological Improvements and Services Replacement Services Repairs Arcadis, Geraghty & Miller Arcadis, Geraght7 & Miller N/A N/A Boyle Engineering N/A Boyle Engineering Boyle Engineering N/A Brown & Caldwell Brown & Caldwell Brown & Caldwell Camp Dresser & McKee Camp Dresser & McKee N/A N/A CH2M Hill, Inc. CH2M Hill, Inc. CH2M Hill, Inc. CH2M Hill, Inc. N/A N/A Consul Tech N/A Development CPH Engineers N/A CPH Engineers N/A N/A N/A Craig A. Smith & N/A Associates N/A N/A Craven Thompson & N/A Assoc. N/A N/A Crossroads Engineering N/A Global Tech, Inc. Global Tech, Inc. Global Tech, Inc. Global Tech, Inc. Hartman & Assoc. Hartman & Assoc. Hartman & Assoc. Hartman & Assoc. N/A N/A Heller, Weaver & N/A Shemmeta Kimley-Hom & As~ciates Kimley-Hom & Associates Kimley-Hom & Associates N/A N/A N/A Lawson, Noble & Webb N/A LBFH, Inc. LBFH, Inc. LBFH, Inc. N/A Marco Water Engineadng Marco Water Engineering Marco Water Engineering Marco Water Engineering N/A N/A Mathews Consulting, Inc. N/A Metc~!f & Eddy N/A Metcalf & Eddy Metcalf & Eddy N/A N/A Metdc Engineering, Inc. N/A N/A N/A PBS & J N/A N/A N/A Reynolds, Smith & Hill N/A N/A N/A SFRN, Inc. SFRN, Inc. Stanley Consultants Stanley Consultants* Stanley Consultants Stanley Consultants N/A N/A Tetra Tech N/A N/A URS Corp. URS Corp. N/A N/A N/A Wantman Group N/A TOTAL A: I 12 TOTAL B: I 11 TOTAL C: I 25 I TOTAL D: I 9 TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH RFQ #065-2821-03/CJD SCOPE A RECOMMENDATION SCHEDULE Sorted by Scope A Overall Averages SCOPES OF SERVICES Scope A Scope B Scope C Scope D NAME OF CONSULTANT 1 Kimley-Horn & Associates 385.81 355.64 403.18 2 CH2M Hill, Inc. 383.70 383.53 383.48 359.03 3 Metcalf & Eddy, Inc. 358.34 352.09 318.35 4~ Global Tech, Inc. 346.58 332.49 323.06 304.88 5 Camp Dresser & McKee 324.13 317.60 6 Arcadis, Geraghty & Miller 309.48 326.25 7 Haft[man & Associates 290.39 280.81 296.14 285.40 8 LBFH, Inc. 289.50 300.56 295.90 9 Boyle En~lineering 287.80 268.27 271.29 10 Stanley Consultants 265.55 246.73 288.59 233.91 11 CPH En~lineers 258.96 276.78 12 Marco Water En~ineerin~l 147.76 142.39 140.58 141.81 13 Mathews Consulting, Inc. 361.19 14 urs Corp. 327.38 333.34 15 Wantman Group, Inc. 326.98 16 PBS & J 326.86 17 Crossroads En~lineerin~l 326.40 18 Craig A. Smith & Associates 311.98 19 Brown & Caldwell 318.93 299.89 306.93 20 Lawson, Noble & Webb, Inc. 302.96 21 SFRN, Inc. 290.40 287.65 22 Heller, Weaver & Sheremeta 287.99 23 Craven Thompson & Associates 285.40 24 Tetra Tech 282.89 25 Metric En~lineerin~, Inc. 275.09 26 Reynolds, Smith & Hill 244.30 27 Consul Tech Development 240.66 AVERAGE SCORES 304.00 302.94 300.97 278.81 Scope Average of 304.00 used as a baseline/cut-off point for recommendation of the six (6) top ranking firms. SCOPE A RECOMMENDATION Page 1 of 1 l'WO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH RFQ #065-2821-03/CJD SCOPE B RECOMMENDATION SCHEDULE Sorted by Scope B Overall Averages SCOPES OF SERVICES Scope A Scope B Scope C Scope D NAME OF CONSULTANT 1 CH2M Hill, Inc. 383.70 383.53 383.48 359.03 2 Kimley-Horn & Associates 385.81 355.64 403.18 3 Global Tech, Inc. 346.58 332.49 323.06 304.88 4 URS Corp. 327.38 333.34 5 Arcadis, Gera~hty & Miller 309.48 326.25 6 Brown & Caldwell 318.93 299.89 306.93 7 Camp Dresser & McKee 324.13 317.60 8~ LBFH, Inc. 289.50 300.56 295.90 9 Hartman & Associates 290.39 280.81 296.14 285.40 10 Stanley Consultants 265.55 246.73 288.59 233.91 11 Marco Water En~lineerin~ 147.76 142.39 140.58 141.81 12 Mathews Consultin~l, Inc. 361.19 13 Metcalf & Eddy, Inc. 358.34 352.09 318.35 14 Wantman Group, Inc. 326.98 15 PBS & J 326.86 16 Crossroads Engineerin~l 326.40 17 Crai9 A. Smith & Associates 311.98 18 Lawson, Noble & Webb, Inc. 302.96 19 SFRN, Inc. 290.40 287.65 20 Heller, Weaver & Sheremeta 287.99 21 Craven Thompson & Associates 285.40 22 Tetra Tech 282.89 23 Boyle Engineering 287.80 268.27 271.29 24 Metric Engineering, Inc. 275.09 25 CPH En~lineers 258.96 276.78 26 Reynolds, Smith & Hill 244.30 27 Consul Tech Development 240.66 AVERAGE SCORES 304.00 302.94 300.97 278.81 Scope Average of 318.99, (calculated by excluding the lowest score of 142.39), was used as the baseline/cut-off point for recommendation of the five (5) top ranking firms. SCOPE B RECOMMENDATION Page I of 1 TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH RFQ #065-2821-031CJ D SCOPE C RECOMMENDATION SCHEDULE Sorted by Scope C Overall Averages SCOPES OF SERVICES Scope A Scope B Scope C Scope D NAME OF CONSULTANT 1 Kimley-Hom & Associates 385.81 355.64 403.18 2 CH2M Hill, Inc. 383.70 383.53 383.48 359.03 3 Mathews Consulting], Inc. 361.19 4 Metcalf & Eddy, Inc. 358.34 352.09 318.35 5 URS Corp. 327.38 333.34 6 Wantman Group, Inc. 326.98 7 PBS & J 326.86 8 Crossroads En~ineedn~l 326.40 9~ Global Tech, Inc. 346.58 332.49 323.06 304.88 10 Craig] A. Smith & Associates 311.98 11 Lawson, Noble & Webb, Inc. 302.96 12 Brown & Caldwell 318.93 299.89 306.93 13 LBFH, Inc. 289.50 300.56 295.90 14 Hartman & Associates 290.39 280.81 296.14 285.40 15 SFRN, Inc. 290.40 287.65 16 Stanley Consultants 265.55 246.73 288.59 233.91 17 Heller, Weaver & Sheremeta 287.99 18 Craven Thompson & Associates 285.40 19 Tetra Tech 282.89 20 CPH En~]ineers 258.96 276.78 21 Metric En~ineerin~l, Inc. 275.09 22 Boyle En~lineerin~l 287.80 268.27 271.29 23 Reynolds, Smith & Hill 244.30 24 Consul Tech Development 240.66 25 Marco Water En~ineerin~l 147.76 142.39 140.58 141.81 26 Camp Dresser & McKee 324.13 317.60 27 ~Arcadis, Geracjhty & Miller 309.48 326.25 AVERAGE SCORES 304.00 302.94 300.97 278.81 Scope Average of 307.66, (calculated by excluding the lowest score of 140.58), was used as the baseline/cut-off point for recommendation of the ten (10) top ranking firms. SCOPE C RECOMMENDATION Page 1 of 1 TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH RFQ #065-2821-03/CJD SCOPE D RECOMMENDATION SCHEDULE Sorted by Scope D Overall Averages SCOPES OF SERVICES Scope A Scope B Scope C Scope D NAME OF CONSULTANT 1 CH2M Hill, Inc. 383.70 383.53 383.48 359.03 2 Metcalf & Eddy, Inc. 358.34 352.09 318.35 3 Brown & Caldwell 318.93 299.89 306.93 4 Global Tech, Inc. 346.58 332.49 323.06 304.88 5 SFRN, Inc. 290.40 287.65 6 HaRman & Associates 290.39 280.81 296.14 285.40 7 'Boyle Engineerin~l 287.80 268.27 271.29 8 Stanley Consultants 265.55 246.73 288.59 233.91 9 Marco Water Engineerin~ 147.76 142.39 140.58 141.81 10 Kimley-Horn & Associates 385.81 355.64 403.18 11 Mathews Consulting, Inc. 361.19 12 URS Corp. 327.38 333.34 13 Wantman Group, Inc. 326.98 14 PBS & J 326.86 15 Crossroads En~ineerin9 326.40 16 Camp Dresser & McKee 324.13 317.60 17 Arcadis, Geraghty & Miller 309.48 326.25 18 Craig A. Smith & Associates 311.98 19 Lawson, Noble & Webb, Inc. 302.96 20 LBFH, Inc. 289.50 300.56 295.90 21 Heller, Weaver & Sheremeta 287.99 22 Craven Thompson & Associates 285.40 23 Tetra Tech 282.89 24 Metric En~lineerin~, Inc. 275.09 25 CPH En~lineers 258.96 276.78 26 Reynolds, Smith & Hill 244.30 27 'Consul Tech Development 240.66 AVERAGE SCORES 304.00 302.94 300.97 278.81 Recommendation for all nine (9) firms. SCOPE D RECOMMENDATION Page I of 1 V.-CONSENT AGENDA O CITY OF BOYNTON BE.4 ITEM K. AGENDA ITEM REQUEST ]t. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Date~ in to Ci Clerk's Office Meetin~ Dates in to Ci 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~> '~--< [] Administrative [] Legal o~ ..o-< NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation .-T. ~r~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve Cardiac Monitor/defibrillator Service Agreement Addendum (Medtronic PhysioControi, Inc.) EXPLANATION: This addendum places two additional cardiac monitors on our current service agreement. These monitors are coming out of warranty and need to be covered under our present service contract. PROGRAM IMPACT: Preventative maintenance and repairs are an expensive component of these critical devices. The service contract provides for routine servicing and maintenance as well as coverage for the repair and replacement of expensive machine components. FISCAL IMPACT: An increase of $4,992.00 for the remaining 32 months of our current 60 month contract. Payment is made on an annual installment basis of $8,318.48 per year, pervious yearly installment was $7,327.00. ALTERNATIVES: Pay for individual repairs and replacement as needed. This alternative is considerably more expensive than the contract price, i.e. the replacement of the monitor screen can cost more than $5000. I ~'x~I~ePartment Head's Signature City Manager's Signature x'"3 Fire Rescue Department Department Name City Attorney / Finance / Human Resources S:x.BULLETiN~FORMSXAGENDA ITEM REQUEST FORM.DOC Department Memorandum 03-0023 To: City Attorney. From: Deputy ChiefJ. Ness~~ Date: August 13, 2003 ~ - Re: Cardiac Monitor/Defibrillator Service Agreement Addendum Attached for your review is an addendum to our current service agreement with Medtronic Physio-Control for all our cardiac monitors. This addendum provides for the inclusion of 2 additional units to our 5-year service contract. Given the critical nature of these devices and the need for specific preventative maintenance, it is imperative that they be included on our service contract. Please provide your approval so that I can place the agreement on a commission agenda for approval. Attachements TECHNICAL SERVICE SUPPORT AGREEMENT ADDENDUM pHySIO-CONTROL Contract Number: PB06Q970 Bill To # 03593601 End User # 03593602 CII'Y OF BOYNTON BEACH CITY OF BOYNTON BEACH INACTIVE PUBLIC WORKS COMPLEX I000 E BOYNTON BEACH BLVD 222 NE 9TH AVE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 This Technical Service Support Agreement begins on 4/1/2001 and expires on 3/31/2006. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Sc;hedule A then this Technical Service Support Agreement is also subject to Medtronic Physio-Control Corp.'s Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-I Price of coverage specified on Schedule A is $41,592.40 per term, payable in Annual installments. This price represents an adjustment of $4,992.00 based on this contracfs previous price of $36,600.40 Special Terms PRICE INCLUDES LIMITED COVERAGE ON TWO LP 12 CASE CHANGES SERVICE AGREEMENT PAYABLE IN ANNUAL INSTALLMENTS OF $8,318.48 SUBJECT TO YEARLY COIVllVlISSION BUDGET APPROPRIATIONS APPROVAL. 17% D1SCOUNT ON LPI2 UPGRADES 17% DISCOUNT ON DATA MANAGEMENT PRODUCTS Accepted: MEDTRONIC PHYSIO-CONTROl- CORP Customer: ~ c,~ j,~v Print: Title Date: Terntory Rep: EASS63 Customer Contact: DARREN LOGOZZO CHIEF JIM NESS Phone: 800-442-1142 X2743 Phone: 561-742-6333 FAX: 800-772-3340 FAX: 561-742-6334 Reference Number: S63-1169 Addendum Printed: 8/13/2003 Page 1 of 5 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB06Q970 Servicing Rep: DARREN LOGOZZO, EASS63 District: SOUTHERN Phone: 800-442-1142 X2743 FAX: 800-772-3340 Equipment Location: CITY OF BOYNTON BEACH, 03593602 PUBLIC WORKS COMPLEX 222 NE 9TH AVE BOYNTON BEACH, FL 33435 Scope Of Service On Site Repair and I On Site Inspection per Year:M-F/8-5 Ref. Eff~c~ve Expiration Total Model Pan Number Serial Number Line Date Date Inspec'dons BAI' IERY SUPPORT SYSTEM 2 VBSS2-02-00OOO9 / 8438682 5 4/1/20OI 3/31/2006 5 BATTERY SUPPORT SYSTEM 2 'v'BSS2-O2-000009 / 8438644 4 4/1/2001 3/3 t/2006 5 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 -' 8438295 3 4/1/2001 3/31/2006 5 LWEPAK~ 12 VLP 12-02-O03123 14259079 J12~' 8/1/2003 3/31/2006 2 LIFEPAK® 12 VLPI2-02-000999 12496802 .,' 11 4/16/2001 3/31/2006 5 LIFEPAK® 12 VLPI2-024X)0059 11201930 J 8 4/I/2001 3/31/2006 5 LIFEPAK® 12 VLPI24)2-000059 11201950 7 4/1/2001 3/31/2006 5 LIFEPAK~) 12 VLPI2-02-O00059 11201951 6 4/1/2001 3/3 1/2006 5 LIFEPAK~) 12 VLP 12-02-O00023 8628973 'j 2 4/1/2001 3/31/2006 5 LIYEPAK® 12 VLP12-02-(K)OO23 8628943 ? 1 4/I/2001 3/31/2006 5 Scope Of Service POS On Site Repair and I Inspection per Year:M-F/8-5 Ref. Effeclive Expiration Total Model Part Number Serial Number Line Date Date Irmpec~Jor,.; LITEPAK® 12 VLP 12-02-003123 30624857 '~/~3°* 8/1/2003 3/31/2006 3 L [FEPAK® 12 V'LP 12-O2-001447 13098908 ~' 10 4/1/2001 3/31/2006 5 LIFEPAK® 12 VLPI2-02-O01774 13098909 J 9 4/I/200l 3/31/2006 5 ** D~notes an mvento~ line that has changed since the last contract revision or addench.ma. Reference Number: S63-1 169 Addendum Printed: 8/13/2003 Page 2 of 5 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: PB06Q970 Additional Items Service Type Item Quantity Start Date End Date CASE CHANGE LPI2 L]MITF~ CASE CHANGES 2 4/1/2001 3/31/2006 ** Denotes an add~donal item line that has changed since the last contract revision or addendum. Reference Number: S63-1169 Addendum Printed: 8/13/2003 Page 3 of 5 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCI:iEDULE B LIFEPAK® 12 DEFIBRILLATOR/MONITOR BatteD' Support Systean included when listed on equipment inventory (Schedule A). BatteD' Support System 2 included when lisl~:l on equipment inventeD' (Schedule A). AC Power Adapter included when listed on equipment inventory (Schedule A). DC Power Adapter included when listed on equipment inventory (Schedule A). Defibrillator paddle r~pairs an: included (excludes internal, sterilizable and pediatric paddles). Communications and Patient cables are excluded. PCMCIA Moderns ar~ excluded. Therapy cab]es are excluded. SpO2 Sensors are excluded. Case Changes are excluded. Discount of 17% from the field installed list price for any current and/or future available LIFEPAK~I2 upgrade is included when installed by Medtromc Physio-Control Technical Services. - Discount of 17% from list pr/ce for any Medtromc Physio-Control~) Data Management product is included. · Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic Physio-Control Fastpak~), Fastpak 2, Lifepak SLA and Lifepak NiCd BatteD' ' Customer retains the responsibility to perform the battery mmntenance and evaluation procedures outl/ned m the operating/nsuuction manual and to replace batteri(m that do not pass the conditions outlined under MDiscardiag/ Recycling Batteries." Batteries failing to meet battery performance tests should be removed fi.om service and properly discarded (recycled). · ffcusWmer provides evidence that a Medtromc Physio-Control Battery Pak fails to me~t the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic Physio-Control shall replace sa/d Medtroinc Physio-Control Battery Pak (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for LIFEPAK SLA, or LIFEPAK NiCd for LIFEPAK NiCd, up to a maramum of 4 Medtromc Physio-Control Battery Paks eveay two years (including priOr Support Plan penods) per LIFEPAK® 12 defibrillator/monitor (listed on Schedule A). To assist in proper recycling and r~moval of low capacity battenes, r~placed BatteD' Paks become the property of Medtronic Physio-Control and must be rettm~d at the time of exchange. · Only batteries manufactured by Medtromc Physio-Contwl are covered under this Service Agreement_ Any batleries manufactured by other sources are cxpre~iy excluded from coverage under this Service Agreem~t. MedtrOmc Physio-Control cannot guarantee the operation, safety and/or performance of our product when operating with a nonTMedtronic Physio-Control batteD'. Repairs and inspections performed under this Agreement meet original eqmpment manufacturer's product specifications only when operating With a Medtronic Physio-Control battery. Any repatrs, as determined by a Medtronic Physin-Conltol Service Representative, resulting from the use ora non-Medtromc Physio-Control battery, will be billed at our standard list prices £or parts and labor, including actual travel charges incurr~. Lifepak®12 Software Updates · ffcombmed Pa:pair and Inspection services are designated on the Technical Service Support Agreement inventory for Lifepak 12 umts, at the customer's request, a Medtronic Physio-Control Technical Services Representat/v¢ will install L/fepak 12 software updates at no additional charge provided it is installed at the time ora regularly scheduled inspection. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new sofh~ar~, these assemblies may be purchased by the customer at a $0% discount off~he current list price ora new assembly. Software updates requested to be installed at a time other than the regularly scheduled inspection will be bilkxi at $205 per unit per software upda~. The cost of the software update will be billed on a separate invoice. · [f Repair-Only services are designated on the Service Order inventory for Lifepak 12 umts, at the customer's request a Medtronic Physio-Control Technical Services Representative will install a Lifepak 12 software update at a d/scounted price of $205 per umt per soflware update. In addition during the term of this agreement, wher~ an assembly such as a printed circuit board must be replaced m order to install the new software, these assemblies may be purchased by the customer at a :50% discount off tbe current list Price o£a new assembly. Thc cost o£the software update will be billed on a separate invoice. · Discounts may not be combined with any other special terms, discounts and/or promotions. Reference Number: S63-1169 Addendum Printed: 8/13/2003 Page 4 of 5 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCI~E. DULE B Reference Number: S63-1169 Addendum Printed: 8/13/2003 Page 5 of 5 V.-CONSENT AGENDA ZTEM L. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FO vi Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Datc~, in to City Clerk's Office Meeting Dates in to CiW 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~n)~..< [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 20031~>on)72 r,o :ca.~:. [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~ ~.~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Authorization of use of $2,500 of Community Investment Funds for the YMCA Partners With Youth Campaign by Commissioner Weiland. EXPLANATION: Commission approval for allocation of community investment funds to the YMCA Partners With Youth Campaign. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment funds to allocate subject to Commission approval. A LTE RN AT IVES: Decl in e to auth ori ze the re quested use..~/~t/7 ~.~.f~,4a(,,~~ Department Head' s Signature T - "~ity Manager' ~'Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORMDOC EXI:IIRIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: August 29, 2003 Requested by Mayor/Commissioner: Commissioner We[land Amount Requested: $2,500 Recipient/Payee: YMCA Description of project, program,. or activity to be funded: Parmers With Youth Campaign City Clerk Part H-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. $10,000 has been used to date by the requesting Member, leaving a balance of available funds of $2,500. This request would bring the available amount down tO zero. Accordingly: ff There are funds available as requested ca There are insufficiem funds available as requested. Finance Director Part m- Eligibility Evaluation (to be completed by City Manager) ~' The proposed expenditure of funds will not result in improvement to private ca 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; ca The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residems of the City; and a/ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stat~ p~se_/~4/,~c.~.~~.~ S:~City Mgr~Admimsualioo~JOYCE~7.ommmuty lnveslment Form. doc, 8/29/2003 YMCA of South Palm Beach County Strong Kids, Strong Famdies S~rong Communities ~t~:~,. The Partners with Youth campaign provides unique opportunities for children, teens and families from throuohout the community ~ participate in YMCA programs. :~c~JT~'~/ ~,,~-,TJdc~:, Economic security is an achievable reality for parents who have access to affordable and dependabll childcare. The YMCA provides families with nuturino and enriching daycare environments for ~reschooiers and after school programming for school-aged children. · S~i~ S~feW, Knowing how to swim not only saves lives, but builds self-esteem and confidence in children. The YMCA's "Learn-to-Swim" program gives children the oppo~unity to experience the joy of swimming and learn basic swim skills to help prevent accidental drowning. ~ ~. Working parents in the area who have school-aged children will feel confident that the YMCA provides summer school is not in session. A strong emphasis is placed on building character in youth, teamwork and self-improvement in all YMCA camp ~t~ ~. The YMCA provides youth sports programs in which boys and girls learn in a healthy way that spots are not just for the physically gibed and talented. YMCA youth spots allow children to learn basic skills of various spe~s and build their self-esteem and self-confidence through teamwork and fitness. ;er'5~,T~. YMCA members have access to programs and facilities that build healthy spirit, m,.. and body for ali. Membership provides a foundation for health, wellness, values and community. ~)~em tc~ All. The YMCA is a volunteer, charitable organization, which welcomes people of ail religiens, cultures and economic backgrounds. - You may designate your giR to one of the following branches: -- YMCA of 9oca Ratofl - Bergs-glum Family YMCA - YMCA~90t According to ~he Drownins prevention ~MCk of Boca Ralph, Peter 8lum Family ~enter, [5 the ~umber one ~au~e of ~ond leading ~au~e o~ acci~en~l or children under the abe of OeVes-Blum Family YMCA of Boyfltofl Beach, ~, ~e in ~n to the YM~'s aquatic the numar or accidenul ~00 South Mihtar¥ Palm ~h ~unty has ~1 138.9622 ~ than 7~ over the earn. ~e YM~'s aquatic programs Make your check payable tO: , child has the opportunity YMCA ot Boca Raton or OeVos-glum Family YMCa m learn ~o swim for fun and surety. i ~n~fll from a vahe~ of programs ;i~ Levll Amount 89flofil ' ~he YH~. Haintainins an "olin to all" polio, the YN~ provide~ eve~ 'ador's Club $50~ Makes 8 weeks of camp a reality for 5 children, fami~ ~fh acces~ ~o vital semices, refardl,s~ of ~her ~nan¢ial situation. F..,..dr's Club $2500 Teaches 100 school-aged children flow to swim. ~:m ~4 ~:~ The Pamners ~th Youth campaJfn directly milts the ne~s of youth Chairman's Club ~1200 Fuedw membership assistance ~0r 5 families i~ need. c~,~,~ ~}F ~2~00 and families throughout ~uth President's C~ub ~500 Gives a yout~ or lean ~hree months of creative, Palm 8eac~ ~ty fun, and safe activities, providing scholar.s to chose unable (o afford Golden Club $250 Offers a month of affordable, ~ependable associated wkh childcare for a family in need. proerams and Century Club $1OO Provides 2 children with 2 weeks Membership S202.59T 0f eflrichiq after school care. ~oec~ai Po~s/C~b Mp~ S25 265 YMCA of Boa Retch, Mer 81urn Fami~ Cemr $250,~0 ~,~ cam~ s32.048 Pre~hool DeVos-Blum Fami~ YMCA of B~ 8ea~ $160,0~ ~ $410,000 YMCA of South Palm Beach County Randy B, Nobles YMCA of 9oca Raton, Peter Blum Family Center Janice DiLorenzo Joann Foster ~eWs-~I~B [a~il~ f~8~ ~I ~t~ ~ea~h ~.,~i~d ~i~r~ for presch~lers and school-aged A or~cn ~f ~e fMCA 8f ~o~t~ P~qm ~eac~ Caunty children. While at the Y~, kids enjoy activities that Tom Olivsri promote the Y character values Camoa~gn Chairman of caring, honesw, resp~ and respon~ibiliw and incorpora[e ga~e~ Vnstal / Maureen Woedson deve~opmen.~ assets that Camoa~gn O~reotors children grow into caring and competent adults, P~rt~er5 Soutll We build strong kids, stroni families, strono communities. ~k[ng parents depend on a~ter schoet arid s~mme~ camp M i s s i o n ~ la t e m 8 n t programs [o p~evide reliable ~hildcare when schoel i~ To put GhristJan principles ~nto praclJc8 lbrouQb Proorams that build in s~5~on. ~ healtb~ s~iril, mind an~ bod~ for all. children develop c~i~ical interpersonal skills, C o m mitm 8nt learn im~nan~ YMCAs arg for people of all faiths, races, ails, abilities, and incomes, characLer values and initiate Thfouoh the oeflerosi~ of YMCA friends, we offer schelarships for those iff need. and nu~ure f~iend~hips, ' 1 V.-CONSENT AGENDA ITEfl fl. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to City Clerk's Office Meeting Dates 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) [] Administrative [] Legal ~ o NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager's Report [] Presentation --o [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business cZ9 RECOI~II~IENOATION: Authorize the use of Community Investment Funds for the Boynton Community Forum Families and Friends Network, Inc. in the following amount: Commissioner McKoy - $1,000. EXPLANATION: Commission approval for allocation of community investment funds to the Boynton Community Forum Families and Friends Network, Inc. to assist in covering the costs for supplies, printing, duplication and mailing of agendas. The funds will be paid on a reimbursement basis. PROGRAM IMPACT: This allocation of funds will assist this organization. FISCAL II~IPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the request.~L~ Department Head's Signature City Manager's Signature City Manager's Office c~gfl~ Department Name City Attorney / Finance / Human Resources S:\CC~WP\Community Investment Funds~Agenda Item Request Form for Commissioner McKoy.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FOR/VI Part I- Summary of Request (to be completed by City Clerk) Date of Request: 09/09/03 Requested by Mayor/Commissioner: Commissioner Carl McKoy Amount Requested: $1,000 Recipient/Payee: Boynton Community Forum Families and Friends Network, Inc. Description of project, program, or activity to be funded: For supplies, printing, duplication and mailing of agendas. Funds will be paid on a reimbursement basis. Dated: 09/09/03 By:~/'~..~,~?_.~ ~/Y}. P/L/~,~ ,_JCity 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. $ has been used to date by the requesting Member, leaving a balance of available funds of $ This request would bring the available amount down to $ Accordingly: a/ There are funds available as requested [] There are insufficient funds available as requested. Dated: c~ _.c/-0,3 By: &3..c~,~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ~/The proposed expenditure of funds will not result in improvement to private property; a~' 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 []6~Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the statedl0urpose. City Manager S:\CCXWP~Community Investment Funds\Community Investment Form - Request by Commissioner McKoy.doc S:\CCXWP~Community Investment Funds\Community Investment Form - Request by Commissioner McKoy.doc, 9/9/2003 ' V.-CONSENT AGENDA ITEM N. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates 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) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOI~II~IENDATION: Authorize the use of Community Investment Funds for the Woman's Club in the followin§ amount: Vice Mayor Ferguson - $1,500. EXPLa, NATION: Commission approval for allocation of community investment funds to the Woman's Club to assist with the cost of maintenance for the Woman's Club. PROgl~l~l II~lPAC'r: Allocation of funds will assist the Woman's Club. FISCAL II~lPAC'r: Funds are budget for these types of activities. Each Commissioner has $12,500 in Community Investment Funds to allocate subject to Commission approval. A LTERNA'rZVES: Decline to authorize the requested use. ~/~~~ Department Head's Signature -' ~i~/Manager's Signature City Manager's Office Department Name City Attorney 7 Finance / Human Resources S:\CC\WP\Community Investment Funds~,a, genda Item Request Form for Vice Mayor Ferguson.dot S:~BULLETIN~ORMS~kGENDA [rEM 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: 09/09/03 Requested by Mayor/Commissioner: Vice Mayor Mike Ferguson Amount Requested: $1,500 Recipient/Payee: Woman's Club Description of project, program, or activity to be funded: Maintenance of the Woman's Club. Dated: 09/09/03 By:~ ~fl' PiLO~~  fi2ity 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. $ __ has been used to date by the requesting Member, leaving a balance of available funds of $.__ This request would bring the available amount down to Accordingly: f( There are funds available as requested ca There are insufficient funds available as requested. Dated: C~-'-~-C~-~ By: ~'~-~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; el' 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; ca 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 g~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated~u~l~se. Dated: ~/~l U~ By: C:~.uA~/F~~~ City Manager S:\CCXWPXCommunity Investment Funds\Community Investment Form - Request by Vice Mayor - 09-09-03.doc S:\CCSWPXCommunity Investment Funds\Community Investment Form - Request by Vice Mayor - 09-09-03.doc, 9/9/2003 V.-CONSENT AGENDA CITY OF BOYNTON BEAC! 1TEM O. AGENDA ITEM REQUEST FO. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting, Date~ in tO (~i~ Cl~rk'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) [] 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: Motion to approve a Revocable License Agreement between the City of Boynton Beach and Jordan Wrecker for use of a City owned alleyway located behind 905 North Railroad Avenue. EXPLANATION: The City Commission, by Resolution 01-307, granted a Revocable License Agreement to Jordan Wrecker Service for the use of an alleyway located behind property behind North Railroad Avenue. By Resolution No. R03-006, this License was revoked by the City Commission for violation of the terms and conditions of the license agreement. After further discussion and consideration, a new License Agreement (attached hereto) has been drafted, incorporating new restrictions on the use of the property, which is presented to you for review and consideration. PROGRAM IMPACT. N/A FISCAL IMPACT: N/A ALTERNATIVES: To not approve the Revocable License Agreement and no longer allow Jordan Wrecker the use of the alley. Department Head's Signature ' C-~T'M~nager's Signature, City Attorney Department Name // City At4orne~//~nce/Human Resources S:kBULLETINLrORMS~AGENDA ITEM REQUEST FORM.DOC REVOCABLE LICENSE AGREEMENT THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation (the "City"), and BOBBY ROBINSON, D/B/A JORDAN WRECKER SERVICE, a Florida corporation (the "Licensee"). WHEREAS, Licensee JORDAN WRECKER SERVCE owns real property adjacent to a City alley right of way; and WHEREAS, the City is presently the owner of a certain dedicated road right-of- way; and WHEREAS, the dedicated right-of-way aforementioned is depicted on the map which is attached hereto as Exhibit "A" and WHEREAS, the Licensee desires to occupy and use the property within the right- of-way adjacent to its property; and WHEREAS, the parties have agreed to enter into a Revocable License Agreement with regard to the use of the right-of-way as set out below; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and are incorporated into this Agreement. 2. Grant of License. City hereby grants to Licensee the revocable right, license and privilege of using the property within the right-of-way depicted on Exhibit "A" (the "property") subject to the limitations and conditions hereinafter set forth. S:\CA~AGMTS~Jordan Wrecker Draft 090803-version 2.doc 1 3. Tenn.. The term of this License shall commence the __day of __2003, and shall expire five (5) years from that date, unless terminated earlier as hereafter set forth. 4. Compensation. Monthly licensefeeof$1.00. 5. Use of Premises. Licensee shall use and occupy the Property only for the following purposes. Property shall not be used for any other purpose by Licensee without the advance written amendment of this Agreement. 3. Limitations on Use. Licensee agrees that: a. It will not permit the Property, without the advance written consent of the City, to be used or occupied by any person, firm, entity or corporation other than Licensee and its agents. b. It will not permit or allow any nuisance or hazardous activity, trade or occupation shall be permitted or carded on, in or upon the Property. c. It will not keep on or about the Property anything that will increase the risk of any hazard, fire or catastrophe, and no waste or injury of any kind shall be permitted or committed upon or any damage done to the Property. d. It will not permit the Property to be used or occupied in any manner which violates any laws, rules, policies or regulations of any governmental entity, including City. e. It will not park or store equipment or vehicles on the licensed portion of the property, unless someone is on the premises and available to move the vehicles, if necessary. f. It will not allow usage of the property between the hours of 6:00 P.M. and 7:00 A.M. S:\CAXAGMTSXJordan Wrecker Draft 090803-version 2.doc 2 4. Assignment: Licensee shall have no authority to assign any of its rights under this Agreement during any term of this Agreement without a written amendment to this Agreement. Should Licensee attempt to assign this license, then the License shall be terminated immediately, without prior notice to Licensee. 5. Damage to Premises. The Licensee shall not, by its use or occupancy, cause damage to the Property. Licensee agrees that all personal property placed upon the licensed Property shall remain the property of Licensee and shall be placed 'upon the Property at the risk of Licensee. Licensee shall give the City, or its designated agent, prompt written notice by certified mail, return receipt requested, of any occurrence, incident or accident occurring on the Property. 6. Permits. (a) The licensee shall be required to obtain a permit for the installation or irrigation. Such permit will b e issued after Licensee o r i ts contractor, submits plans to the City and such plans are accepted by the City. (b) The Licensee shall submit plans for the installation of the Improvements to the City at least thirty (30) days before beginning installation work and shall not install the Improvements until written approval is obtained fi.om the City. (c) The Licensee shall notify the City within five (5) days after installation of the Improvements has been completed. The City may require Licensee to reinstall or remove the Improvements if the Improvements do not comply with the approved plans. (d) The City, its agents and its authorized employee may enter upon the S:\CA'~GMTSXJordan Wrecker Draft 090803-version 2.doc 3 Property at all reasonable times and hours to examine same to determine if Licensee is properly maintaining the licensed property and any improvements allowed by this Agreement. (c) The Licensee shall notify the City within five (5) days after installation of the Improvements has been completed. The City may require Licensee to reinstall or remove the Improvements if the Improvements do not comply with the approved plans. (d) The City, its agents and its authorized employee may enter upon the Property at all reasonable times and hours to examine same to determine if Licensee is properly maintaining the Improvements and the Property according to this Agreement. 7. Indemnification. (a) Licensee shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising directly or indirectly from this Agreement and resulting or accruing from any intentional act or any negligent act, omission or error of Licensee which in turn results in or relates to injuries to body, life, limb or property sustained in, about or upon the Property or the Improvements or both, arising from the use of the Property. (b) Licensee shall defend, at its sole cost and expense, and legal action, claim or proceeding institute by any person against the City as a result of any claim, suit or cause of action accruing or in any way arising out of this Agreement for injuries to body, life, limb or property as set forth above. S:\CAXAGMTSX. lordan Wrecker Draft 090803-version 2.doc 4 (c). Licensee shall save the City harmless from and against all judgments, orders, decrees, attomeys' fees, costs, expenses and liabilities incurred in and about any claim, and the investigation or defense of them, which maybe entered, incun'ed or assessed as result of the foregoing. 8. Insurance. (a) Without limiting any of the other obligations or liabilities of Licensee, Licensee shall provide, pay for and maintain in force the insurance coverages set forth in this paragraph, at all times as well assure the City coverage of the protection contained in the foregoing indemnification provision undertaken by the Licensee. (b) Comprehensive general liability with minimum limits of five hundred thousand dollars ($500,000.00) per occun'ence, combined single limit for body injury liability and property damage liability coverage, must be afforded and must include: (1) premises, operations or both. (2) City is to be included as an "additional named insured". (3) Notice of Cancellation and/or Restriction- the policy(ies) must be endorsed t o proVide City with thirty (30) days' advance written notice of cancellation or restriction. (c) Licensee shall provide the City with a copy of all insurance polices required by this paragraph showing that City has been named as an additional named insured under such policies. (d) Renewal of the insurance and provision ora copy of such renewal to the S:\CAL~.GMTS~Jordan Wrecker Draft 090803-version 2.doc 5 City on an.annual basis is the responsibility of the Licensee. 9. Maintenance and Repair of Licensed Premises. It shall be the responsibility of Licensee to keep the Property clean, sanitary and free from trash and debris. The upkeep and maintenance of the Property licensed under this Agreement shall be borne solely by Licensee, and Licensee agrees to maintain the Property in accordance with the terms and conditions of this Agreement and consistent with prudent and reasonable maintenance procedures and techniques. Licensee specifically agrees to install and maintain the Improvements in a manner that will not pose a hazard to persons and/or vehicles on adjacent property or the improved right-of-way. 10. Amendment. No modification, amendment or alteration of the terms or Conditions contained in this Agreement, with the same formality and of equal dignity. 11. Surrender Upon Termination. Licensee shall peaceably surrender and deliver the Property to the City or its agents immediately upon expiration of the term of this Agreement. Licensee shall remove from the Property, at Licensee's own expense, anything placed on the Property unless the City, in writing, authorizes licensee to leave any landscaping, Improvements or both on the Property. The City shall have no obligation to move, reinstall, replace or in any way compensate Licensee for any loss resulting from or arising out of the termination of this Agreement. The Licensee agrees to return the Property to a safe condition following removal of the Improvements. Licensee shall be obligated to repair or pay for any damage to the Property resulting from the removal of the Improvements. 12. Waiver. Failure of the City to insist upon strict performance of any covenant or condition of this Agreement or to exercise any right contained in this S:\CAXAGMTSX. lordan Wrecker Draft 090803-version 2.doc 6 Agreement shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or fight, but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Agreement shall be waived or modified except in writing by the parties to this Agreement. 13. Termination. This Agreement may be canceled with or without cause at any time during it's term by either party upon ninety (90) days written notice to the other of its desire terminate Agreement. 14. Notice. Any notice or demand, which under the terms of this Agreement or by any statute or ordinance is to be given or made by either party, shall be in writing and shall be given by certified or registered mail, remm receipt requested, sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. IN WITNESS WHEREOF, the parties have hereunto set its authorized hand this __ day of ,2003. ATTEST: CITY OF BOYNTON BEACH Janet Praimto, City Clerk Gerald Broenmg, Mayor (City Seal) APPROVED AS TO FORM: CITY ATTORNEY BOBBY ROBINSON, D/B/A JORDAN WRECKER SERVICE, WITNESSES: BY: S:\CAxAGMTSXJordan Wrecker Draft 090803-version 2.doc 7 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH) ON THIS ~ day of ., 2003, before me, the undersigned notary public, personally appeared BOBBY ROBINSON, d/b/a JORDAN WRECKER SERVICE and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same was duly authorized to do so. Personally Known ~ OR Produced Identification Type of Identification Produced IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Print or Type Name My Coahuission Expires: S:\CAkAGMTSUordan Wrecker Draft 090803-version 2.doc 8 0 0 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (7Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] Septeml~-r 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noor~.,..~.,. ~7~ --~ [] September 16, 2OO3 September 2, 2003 (Noon) [] November lS, 2003 November 3, 2003 [] Administrative [] Legal -o r,----~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 16, 2003 City Commission Agenda under Public Hearing. The Commumty 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 03-207. EXPLANATION: PROJECT: The Harbors (ABAN 03-004) AGENT: Gregory Mire, P.S.M., Keith & Associates, Inc. Consulting Engineers OWNER: Schgai LOCATION: 2300 North Federal Highway DESCRIPTION: Request for abandonment of a 15-foot wide utility easement. PROG~ IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~e,~l N/A De~opff[ent I~epartment Director ~ City Manager's Signature/ ,/ J Planning and Z~amg Direct0 City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS~'tarbors, TheXNWSP 02-012V~BAN 03-oo4XAgenda Rem Request Harbors Abandonment ABAN 03-004 9-16- 03.do~- ~:~BULLETIN~FORMSLa, GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-207 TO: Chairman and Members Community Redevelopment Agency THRU: Michael W. Rumpf~vr~- Planning and Zoning Director FROM: Edc Lee Johnson, A[CP Planner DATE: August 28, 2003 SUB.1ECT: Harbors Abandonment (ABAN 03-004). Abandonment of an existing 15-foot wide utility easement NATURE OF REOUEST Gregory Mire of Keith & Associates, Incorporated, is requesting to abandon the 15-foot wide utility easement located on a 3.2-acre lot. This request to abandon the utility easement was submitted on May 16, 2003. It is described as follows: That portion of LOT 6 SAM BROWN .lr.'s HYPOLUXO SUBDIVISION to the City Of Beynton Beach, Palm Beach County, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 81; less the right-of-way for State Road 5 (U.S. Highway No. 1) described as follows: A 15 foot STRIP OF LAND whose center line is commencing at that a point on the North Property Line that is a distance of 786.97 feet east of the Florida East Coast Railroad right-of-way; said point being the SE comer of Lot 12, LAS PALMAS PARK subdivision, Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Page 242. Said 15 foot strip of land extends south to the sought property line to a point that is a distance of 804.19 feet east of the Flodda East Coast Railway Right- of-way. The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be abandoned. The attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North To the northeast, are developed (Las Palmas) single-family homes with a Low Density Residential (LDR) land use designation, zoned R-l-AA Single-Family Residential. To the northwest is developed commercial (gas station) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South - [ntracoastai Park (under construction) with a Recreation (R) land use designation, zoned Recreation (REC); Page 2 Memorandum No. PZ 03-207 ABAN 03-004 East Right-of-way for the Intracoastal Waterway; and West - Rights-of-way for Federal Highway (U.S. No. 1) and the Florida East Coast Railroad, still farther west is developed commercial property with a Local Retail Commercial (LRC) land use designation, zoned Neighborhood Commercial (C-2). The subject property is a long rectangular-shaped lot located on the east side of Federal Highway, perpendicular to Gateway Boulevard. The parcel was previously developed with a restaurant / nightclub (a.k.a. Caf~ La Note, Shooters, Bay Club), tiki bar, docks, and respective parking areas. However, the property ownership changed, the nightclub was razed, and Centex Homes was approved for a site plan (NWSP 02-012) to build 51 fee-simple townhouse units on the 3.2-acres lot. Centex's site plan was approved on October 15, 2002. The accompanying land use amendment / re. zoning application (LUAR 02-005) and corresponding master plan was approved a month later, on November 19, 2002. All site development is to occur in one phase. 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 newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light Approval with conditions (see Exhibit "C" - Conditions of Approval) Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A According to the Engineering Division of Public Works, the applicant has already rededicated utility easements elsewhere on the subject property in order to provide sanitary sewer coverage. This information is reflected on the new plat. The presence of this utility easement represents the last obstacle to the developer to develop buildings on the site. No building permits can be issued until this easement is abandoned. RECOMMENDATION ~taff recommends approval of this request to abandon the 15-foot wide uMlity easement contingent upon satisfying all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:~.otanning~Sl,tared~W!~:~rollcts~Harbors, The~NWSP 02-012~ASAN 03-004~Slaff Re..doc Location Map EXHIBIT"A" The Harbors - r '- - '~C3i PUD ' -- R3 ~__ ,,"'" ~KE WORTH/ '~ ICWW ,, " I . EXHIBIT "B" SKETCH OF SURVEY ',OCATION SKETCH ,OT TO SCALE LOT 12 . q~-~%, LOT 14 ' ~ ~-~ ..~.c...~ SE CORNER -', ~-:~J LOT 12 -:, , ,: ~r '"~ "~ I DBSCR[PTiON: That portion of LOT 6 SAM BRO~ Jr.'s HYPOLUXO SUBDIVISION to the City of z Bo~ton Beach, Palm' Beach County, Florida, ~ according ~o the Plot thereof on file in the > office of the Clerk of the Circui~ Court in ond for Palm Beoch County, Florido, in Plot Book 1, Page 81; less the right-of-way for o Store Rood 5 (U.S. Highway No. 1) described os follows: A 15 foot STRIP OF LAN0 whose center line is commencing ot that ~ point on the North '~ 40 Property Line that is o distance of 786.97 z feet e~st of the Florida East Coast Railroad right-of-wo$ said point being the SE corner of Lot 12, LAS PALMAS PARK 41 ubdivision, Boynton Beach, Florido, ~ccording to ~he plot thereof on file in the Office of the C'.erk of the Circuit Court in end for Palm Beach Count~, Florida, recorded in Plot Book 25, Page 242. Said 15 foot strip of land extends south to the sought property line to o point that is o distance of 804.19 feet east of the fftorido Eost Coast R~ilw~7 Right-o¢-wo7. rD ~z.c. ' ~o 80~.m' -- 15' UTILI~ ~SEMENT (ORe. 22SS. Subjec, ,o existh, g easement or rJgh(-of-wa~ of record. ~ - 10' UTILI~ ~S[MCNT (os recorded in Official Records Book 2256. L 7 PG. 1117, ¢~e ~69s. P.B.C.R.) SA BROWN dR's LEGmND' {HYPO pX SUBDiViSiON P.B.I,~Pg. 81, P.B.C.R.) ~ Indico~e~ ~e~ iron rod or nail disc with No. L868~0 identifier. FE.C. Florida East Coast~ ~ O.R.B. Official Records Book PB.C.R. Palm BeNch County Records Gregory S. M~Fe P.D. Plat Book Professional Surveyor and Mapper No. 4437 ~ Centerline s~bol State of Florida UTILITY EASEMENT ~~~~ OnrE o,/o.1o~ OnrC A PORTION OF LOT 6, :o~ult~ emglm~r$ SCALE SAM BROWN jr.'s ~l ~r A~c ~MP~ B~H, ~ ~-e64~ FIELD BK 18~-28 HYPOLUXO SUBOIVISiON, (95~) 788-~ r~ (gS*) 7~-~ P.D. 1, PG. 81, P.B.C.R. DWNG. BY 6s~ P~ 8~CH COUNt, ~ORIOA DRAWING NO. Survey of UE CHK, BY N:O202&01/SU~/~ EXHIBIT "C" Conditions of Approval Project name: Harbors Abandonment File number: ABAN 03-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X 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 RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PRIVATE UTILITIES Comments: 1. Adelphia: None. X 2. Florida Power & Light: FP&L acquiring all additional easements for any and all existing or proposed FP&L facilities necessary to service any and all existing / proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to 10 foot wide easements adjacent to both sides of all major thorough fares; All easements where FP&L facilities exist are not considered abandoned until said facilities are de-energized, relocated, and / or removed; Any and all costs resulting in the relocation or removal of FP&L facilities due to said abandonment are paid by the customer and / or property owner and / or requesting party. 3. Florida Public Utilities Company: None. X 4. Bellsouth: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S;~Pianning~SHARED~WP~PROJECTS~Boynton Commerce C~ Boynton Con~me~e Ctr Lot 3B'~ABAN 03-007~COA.doc DEVELOPMENT ORDER OI~ THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Harbors APPLICANT'S AGENT: Mr. Gregory Mire, PSM with Keith &Associates, Incorporated APPLICANT'S ADDRESS: 301 East Atlantic Boulevard, Pompano Beach, FL 33060 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a 15-foot wide utility easement LOCATION OF PROPERTY: 2300 North Federal Highway 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 Community Redevelopment Agency 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, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Planning\Shared\Wp~Projects\Harbors, The\NWSP 02-012VkBAN 03-O04\DO.doc ZX. - cTrY HANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Mus~ be Turned Requcs~d City Commission Dntc Final Form Must be Tumcci Meetin,, Dat~ in to Ciw Clerk's Office Meetin~ Dates in tO Qitv Cl~rk'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 Octobex 20, 2003 (Noon) · 'X September 16, 2003 Septemb~ 2, 2003 (Noon) [] Nov~mb~ 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RS. COMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution of the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescinding the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a time 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 the Agreement is contained in a letter from legal counsel for the developer dated April 9, 2003. (Exhibit B) In addition, 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 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 14g unrestricted parking spaces elsewhere on the Marina development property. Per the 1999 Amended Mediation 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 in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Marina 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:q3ULLETIN~ORMSLKGENDA 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 City'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 City, CRA, developer and business interests. The staffhas conducted one meeting of the participants on May 13"~. Department Head's Signature City Manager's Signature Deparm~ent Name City Attorney / Finance / Human Resources S:x, BULLETIFb, FORMS~AGENDA ITEM REQUEST FORMDOC ORDINANCE NO. 03- ~ O AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, FIRE PROTECTION AND PREVENTION, ARTICLE III. FIRE AND LIFE SAFETY DWISION 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, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE.. WI-IEREAS, t he F ire and Life Safety Division o f t he Fire Rescue Department the City Commission has determined that the current Code language regarding the and appointment criteria of the Fire Marshal and Assistant Fire Marshals has ome outdated and no longer meets the needs of the Department; and WHEREAS, the City Commission has also determined that it is in the best of the citizens and residents of the City of Boynton Beach to amend the Code of to reflect the proper designations, and titles, and make the selection criteria )re flexible to assure the proper individuals, either within or outside the Fire Rescue are eligible for appointment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION' THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing whereas clauses are true and correct and are nov,' 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 iadding the words and figures in underlined type and by deleting the words and figures in istruck-through type, as follows: S:,,CA',Ordinance$~Fire - Chapter 9Xfire marshall rev rtl SEC'. 9-29. Establishment of Division; ~ authority of Chief; designation 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 Boynton Beach, FL is hereby established which shall be operated under the )ervision of the Chief of the Fire Rescue Department, herein known as the Chief. The ef shall establish appointment criteria and designate an ~.e..:cer a person to serve as Fire Marshal, who shall hold this office at pleasure of the Chief. The Chief may detail such other members of the Fire Rescue as Inspectors, to be known as Assistant Fire Marshals, as necessary. The shall establish appointment criteria and shall recommend to the city Mana.~er the of one or more F:..-z .. '.':.~.:~.~ Assistant FireMarshals,Inz, p:c:er:, who, such authorization is made, shall be selected, ''; ...... :::..:--.~^n for the position. examination shall be open to members and .-.z.-..-:;..-:~z.~ of the Fire Rescue as well s to outside candidates, and appointments madz ~" be for an indefinite term subject to the appropriate personnel policies of the City of Beach. Section 3. Each and every other provision of Chapter 9. Fire Protection and not herein specifically amended, shall remain in full force and effect as t adopted. Section 4.. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion ,f be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. ~ Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this I_ _q day of tqta~taa'T .., 2003. S:\CA\Ordinanccs~ire - Chapter 9\fire marshall rev.rff .. ! SECOND, FINAL READING AND PASSAGE this ~ day of , CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: Clerk S:\CA\Ord~nances~F~re - Chapter 9hfire rnarsha[I rev.rtf SECOND REVISED DEVELOPMENT AGREEMENT ~:~'~'~'~' {~' THIS AGREEMENT entered into as of the 6a 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 .Jtlly 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer:t wss ~.mended b), 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 This ins=rumen= 9regared by: ~.a~.es A. Cherof,_Ci=y A~=orney ci=y of Boynton ~gacn _ _ 100 East Boynton Beach Blvd. Version 10.0 Boynton Beach, FL 33435 6/6/00 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 10.0 6/6/00 Exhibit A- Legal Description, Project (unchanged, See Exhibit A to Previous Agreement). Exhibit B- Conditional Use Site Plan - dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G - Intentionally left blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Overlook 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, Flodda Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Publii: Records of Palm Beach County, Flodda, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Fiodda, 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". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the earlier of: 4 Version 10.0 6/6/00 (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. DEVELOPMENT 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 stodes or less, not to exceed 100 feet in height and no more than 229 residential units. 8. 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. 6u~ 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. Version 10.0 6/6/0O 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 Madna 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 intedor 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 rnet: (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 pomps 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 lO.O 6/6/00 Boulevard which it shall own subject to the dght to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by 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 Overlook 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 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. C. The failure 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 lO.O 6/6/OO 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. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent with the CITY's Comprehensive Plan and that no Comprehensive Plan 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 any of the conditions set forth in the building codes or relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. 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 ~" 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 tO.O 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 ali 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.SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Madne $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER '8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 *Water service to property line $8,625 *8 inch gravity sewer in Casa Loma Blvd. $43,125 *Service connections to property line $34,500 *Manholes $11,500 12 Version 10.0 6/6/00 Sub-total $120,798 3. ON-SITE WATER AND SEWER 10-inch water main $13,800 Fire Hydrants $10,350 8-inch water main $3,519 8-inch water main $13,350 *24-inch gravity sewer $139,150 *Manholes $23,000 *Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $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. 5. 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. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 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 Fiodda 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; 14 Version 10.0 6/6/00 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 th® 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. 16 Version I0.0 6/6/00 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Flodda. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. 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 throu'ghout 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 matedal 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: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a Copy to: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version lO.O 6/6/00 Fort Lauderdale, FL 33308 AS TO DEVELOPER: 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 l 0.0 6/6/00 hereto, subject to any approvals which ~ust 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 tender. 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) 20 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 peried referenced above. 21 Version 10.0 6/6/00 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,p~peared Kona].d Wei].and, V~.ce tf'TeXMayor of the City of Boynton Beach and ~.~,~_~~~, the City Clerk known to me to be the persons described in 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 this~l~~'' day of ~1~Io .t~t- ,2000. NOTARY PUBLIC My Commission Expires: 22 Version 10.0 6/6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) COUNTY OF '"^' ~' ""' -" I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ¢o..~O (.~e~,~ known to me to be the person described in and who ~xecuted 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 th!s My Commission Expires: <~1~,1~ "": 23 Versio~ ~0.0 6/6/00 LEGAL DES~ON: PARCE. ~: ~ 3'~ and 38 and Dewey's Sulxllvision, Hat Book 1, page 37 of ~e Pubtlc P. emn~ of Palm Beac~ County, Hortda, Less the right-~-way of Ca~ Loma Boulevard and ~ ~e right-of-way of Orange Grove ~ulevarcL Toget~' with the reversionary, intee~ if any, of mortgagor in the rights-of-way of Casa Loma Boulevard and Oranga Grove Boulevard. PARC:~ 2: The East halt' of Lot 39 and the East hall' of Lot 42 in'Dewey's Subdivision, Hal: Book 1, page 37 of the Public Records of Palm Beach County, Florida (less the South 30 fleet of said Lot 42 as shown in Deed Book 341, page 188) Together with the ~ inte. est, if any, of mortgagor in the tiGht-of- PARCEL 3: That plat of SacUon 27, T~ 45 South, Range 43 East., Palm the plat thereof recorded In Plat Book 1 al: page 37 of tim Pul311c Records of Palm a line 25.0 feet North of and parallel with the Soutt~ Ibm of said LoI: 37 and the " Point of Beginning; hanca East, along saki parallel line, 33.85 fiaat; thanca N. 5· 47 36" F., 142..02 feat; thence N. 82° S. 45' SO' W., 30.0 .feet ~ the said East line of Lot 37; thanca S. 7* 14' 10" W., along said East line, 14~.24 feet to the said Point of Beginning. Areas: Parcals 1 & 2 & 3 = 301,887 SCl., fL, 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue i LEGAL AND L~U~ABLE OWNERS OCEAN BI~ FES1'I'VAL PARK, INC., c./o The ESG Companies [120 Lasidn Road Virginia Beach, VA 23451-5'210 PUbLiC F~ ~ The Clty will design and conslz-d~ o~-s~a watar and sawer factll~la~ sizacl b3 aca3mmodam ~e pmJ~ build-out capactLy of ~ha pmJac~ parking corm'ol signs along. SCHEDULE* OF RESERVA'I'[ONS AND DEDICA'i'[ONS Beach, dated .lune 14, 1999, Addendum t~ Easement and Exhibit k" (dated 3/1/99, Order #80-2.75 "F'"); 2. Easement from Ocean Breeze Festival Park, [nc., to the City of Boynt=n Beach, dated 3une 14, 1999, Addendum t~ Easement and Exhibit"k' (dated 5/19/99, Order #80-Z75 3. Easement from Ocean Breeze FeslJvai Parl~ [nc., t~ the Oty of Soynmn Beach, datm:l 3une 14, 199g,'Addendum.~ Easement and Exhibit'k" (dated 311199, Order # 80..ZTS 4. Easement from Ocean Breeze ~ Park, ~.., m the Ob/of Soyr~n ..B. each, dated November 4, 1999, Addendum t~ Easement and Exhlblt"k" (dated 11/3/99, Order #80-275 *Res~ons and Dacllcaflo~ ~ ~ racordecl separately. Conditions of Aoomval · ,le number:. COU$ Refemllc~: The o~ma em,,_ei~t of ~ sheets identified as 4th Review.. New Rite l:qan. File ~ DEPARTMENTS INCLUDE REJECT I =UBUC WORKS mintmaJm 10feetby 10 feet Internal dimemlm~ Thegat~ fotttm 2. Wasta removal in c~nnectton with c=nat3~ctt=a pmceea must be x drawings so that we may clet~rmtne whicl~ trees may intadem wi~ - l~ose ul~itlee ~ tt~ easement in tim fomaeeal31e futum~ LDR X 4. Department of Health pemd'm will be r~lUimd for the water and sewer system extensions serving this project. (Sec. 2S-12}. Show ail exigdng and pmpmed water and sanitary sewer improverneres x on the site plan or drainage plan at tt~ time Including pipe ~ and location. Sec. 2~.16 · - ~ 5. Flm flow calculations will be required demonstrating the City Code requirement of 1500 g.p.rn, aa stateet in I.DR Chap. 6, Art., Sec. X 16, or the r~uirement imposed by insm'~ce undenm~rs, (,,_. ~ 26-16(a)). Fire flow tests results whi~,~ver is c~matm'. =-- .Ps~ 2 Boynum B~,h Maim ' File No.: COUS 98.008 DEPARTMENTS INCLUDE REJECT for the main on Ocean Avenue have been provided, but fire flow calculations to ~he on-site hyclmnts ~ not. P1enee submit calculations with your Health Daparlrnant pem~ application and plans. ·8. Provide pmpoeed elevations, flow arrows, lmatment fadlitiee and an engineer's written carl~catfon that drainage will confoml to all rules of the City and the South Florida Water Mar4gemant District. x (LOF ChaD. 4. Sec 7F} -- of the project will require a dear, onsnmmaemd easement of 37 feet (12' for water, 25' for ,anita,/). All easements ~al be X dedicated via separate instrument to the City aa stated in 8cc. 28- 33(a) of the Code. 11mee eesemants nmst be dedicated w#hin 30 diameter gravity sewer. Provide resokJtion vilifying of the exislmcj ~ enements no Ioncjer needed. ~. The clminage plan included in this submittal is dated Decmly)er 7, 1998, and i~ sknilar if not identical to lira m"m submlUsd in December. It hms the SETm ~ a~ p~ rTmnlloned: drainage Iinee shown along the we~t side of the ~ It also shows x restaurant ~1 in a dlffemm Io(:~ion from thst shown on the site plan. Please rm-mJbmtt a consistem set of water san~:al to the building~ and the flm'apdnkler IIne~ in x 10. Building pmTrd~ for this project shall not be is~uecl until thM has approved ~ plm'm for the wmar and/or sewer imp~w~manm addition, the dav~ shill post surety for all other required Improvements for which he is maponslble, and which will not be x completed before the flint certificate of occupancy. (LDR under the direction of the City as stipulatmd .in Exhibit "1" of the "Development A(~. -- 11. Note that the addition of 229 apartment units greatly use of the site above what was originally antldpaWd. This ctlange will result in an additional c~oital facilifi.~-s. Psg~ 3 Boynma B~.h File No.: CC)US 9~-00~ . OEP~~ ' I INCLUDE ~ R~E~ ~emfom mae~nsible for ~.~ent ~ ~ta ~d~onai f~. 6a S~t ~~, mfemn~ ~ ~h 9 ~ ~e ~ x RRE Comm~ POMCE Comme~ ~ ENGINE~ING D~SION Commen~ ,,, 17. NI p~ s~m~ for sp~c ~ sh~ m~t ~e ~s ~e LWOD, D~ ~d ~ o~, sha~ be in~d~ ~ ~ ~au~t Pa~ 4 Bolmton Beach Marina Ffl~ No.: COUS ~8-008, I DEPARTMEN'F~ " INCLUDEI REJECT 18. Pay a fee in II~u of dedicatlon as set forth in Chapter 1, Section 5 x of the LDRs 19. Upon subtotal of cons~uc~n d~ f~ ~asa b~na Blvd. and N£ 5e $1~e~. the app~can~ sha~ ~ a mcan~ dete~ed south of Casa t.oma Blvd. and ttm ama esst of NE 6" 51reet. x walls, ram~. stek~, etc. 20. The (my and the ap~cant ama Jo~my ~ in emncang outlined in I~evismd Development Agresmmot and indicalmd approved plan. II.DE Chapter 4, ~ &C., Ctml3t~ ~, Arllctm ,I. Secaon 12. Chapter 6, ArUc~ ry. Secasn 10., Ctmm~ ~. x ArUc~ ~V, Sec~on ~O.O.. Chav~ar 9. ArUm N. Sect~ ~O.a., Chapter 2, Section 11~.D.] TI~ comment shall bm reed in conjunction with Paragraph 17J3.8 of't tm P, ev~ecl Development A~reement. 21 Locate several handicap stalks m~ the north side of Ca~ I. oma apartment/retell to provide ltm shotlest accessible route pm' the x Florida AccaHibiii~ Code. 22. The applicant shall agree to, incorpomtm in the dock leasing public parking sm=as along Casa I.cma mvd..NS ~ St., the pdvm roadway wm~ of ttm ~ bu~ng an~ me in accor~nem with the OEP pem~ Provide the City witfl copies 23. The applicant shall agree to incorporate in the leasing for a~ mta~ .uses a st~dmton meslbwing mmll em~oyees from using the public parking spaces ~ Casa Loma BIwL, N Street, the private roadway w~t of the ~ building and the x flint floor of tbe parking garage fro' thetr paddng ptal=mm~ Provide the City with copies of the p~ leasing igrlmmm~l for review and al313roval. 24. The reouirements of the Flodda Accas$ibilit7 Code shall be met for X · Page 5 Boynu~n Beach ~ File No.: COU$ 98-008,. DEPARTMEN'I'~ - I iNCLUDE I R~_JECT &~/~J, uu,.~,~ valet 13artli~c~. ' 25. Show proposed turning movements on the Site Plan fix access of x , Clt7 trash trucks to and from all com~_~__~__.,~ and ~_,mpstem. 28. Unless supemeded by ltm Revised Developmmnt Agreement, provide the City with Itte al~pmpdata doctJmentl tm de~Ftate public access and recreational uae eaaementl f~"the proposed public pm'k at the intracols~ Wltemvly, the pl~ellzten pathwa~ x between and on the north side of the proposed retail buikltnga and buildin~, includ~ a wa~ to the noflh ~ llne of the _.-fie__. 27... Show proposed public faci~tiH on the site plan and c~mtru~on and use detail of pmpoeed dlaigna f~. the ~ Casa Loam ~gh~ng, landsce~ e~. 2.~. It appeam that the pmpossd site stomn drainage system will need to be revised to include the couflyaml ama east of the proposed residential building and that this revision will r,<lulm al~pmvai of the DEP. The al~plicant shall give strong cc,~idemtion to the possibility of relocating ltm storm draifla~o outhll to the basim · located within the pmpe~, rather than the b~in at the south of the site, an part of ~ the storm drainage perm[ Thi~ will x incraase water quality within the basin and would most Iikety be supported by DEP. If this revision is made it will dlmcay affect the installation of the stnwnll ptnetn, mganting pipe penetration througl~ the seawall panda. Provide tempor~y parldng on site to replace the a;mcen l~ ~ in C.a~a 1.43ma Boulevard. Casa Lomn BeMievnRI anti to be expandable to pmvlde required paridng for those [x~ltorm of tm project ctMT~leted prior to completion of I~ pafldng nm. (no landscape plan required only to Include parking ~m mafldngn, lighting and drainage 29. Rega~tng proposed cons~u~ of Casa Lama Blvd., NE 6n Street and the private roadway the appllcant should be aware that roadways constructed in muck or peat shall be. ct~m~ucted in x conformance with Chal~Or 6, Anlcte IV, Soctlon 10.E. of the City's Land Develoomeflt Rec~ulatiort. 30. Casa I.oma Boutevarcl shall be maintained as outflned in the x Revised Development Ac~memenL Unless suc)ercected ~ the Boyn~n B~..h ~ ~ile No.: COUS 98-008 . I DEPARTMENTS INCLUDE REJECT Revised Development Agreement, the applicant shall provide the CRy with a Maintenance Agreement for Casa I.ama Blvd. in a form acceptable to the City. The Meintermnce ~ will be reviewed by the City Engineer, Public Works and Utllitlas prior to finalization. 31. Show the six fish cleaning and garbage slaliorm required by the x OEP permit on the Site Plan. .. BUILDING DIVISION Comments: combines all lots and Darceb as one lot. overall building height, finish floor elevatlan 1a floor, type of construction and occupancy claasifl~ that the accessible mut~ that am. required between the accessible parking spaces and all ues~ am[ amenities pmpmed for the project am irt compliance with the regulations spedtled in x the Florida AcceasibBty Code far Building Construction and the Federal Fair Housing Act. 35. At time of permit review, provide detail dmwinga that illustrate how changes in elevation shall be depicted in compliance with mc~ulations specitled In the accessibility codes.' 38. Provide · minimum of fou~ ~le parking spaces to the north side of Casa I.oma Bouievan:L These spao~ should be x distributed to serve the ~ titled Retail 'B" & Office and Restaurant ~ 37. Place a note on the site plan indlceting that the path of travel to and from the buildings and other faci~ on the site am* in x compliance with the florida Accemdbility Code for Building Construction and the Federal Fair HouMncj AcL 38. Amend the tabular oarkinc~ data and the plans to reflect and show x PMe? ; Boynum Beach Mama P~ No.: COUS 9~-00~ DEPARTMENI~ '" INCL_UDE REJECT the c,;,','~ nu,-~,ir of on-site accessible parldng spaces. The car-parking gm'age requires eight (8) accessible parking spaces of which one (1) shall be shown an~l labeled al van accessible. The data shall also indicate that the on.site spaces will require four (4) accessible spaces be shown and pmvidecl at the site. Therefore, a total of tweNe (12) accessible spaces am required to be shown on the site plan and identified in the tabular data t~ parking that i~ depicted on the site plan. (17) am provide. The tc~al number of accessible parldng spaces idenltfled m the ch~ for me apam,t.nt ~ of me a-etory ~,ikm~..~ t.= me identifies the quar,tity ~ each apartmem by gm:aa floor ama and x corridors, clubhouse, elevatm's and ~ 40. Amend me e~mmx, v~w dmwir,~ t= be ~ wire me f~:or plan drawings w~t respect to location and slz. e of exterior wall x openincj$, colurnrm, to, line and other buildincj f'aatuma. 41. Submit a coml:~lete deac~ption that def~es the c~nstru~on- sequenc~managemer= plan proposed ~;' the improvements a;proved by staff bef,=m ~ next perm~ ~ be Issued ~m' the Ixoject. The document shall Include, but not be ~ to, defining how the ~ prol~t~ owners, w~ll be able t~ safely remain x lead to their bu~neaaea. The phasb~ plan shall also describe and show how vehicle and pedeslxtan access will be maintained to me licenses use~. The vehicle and pedeslxtan acces~ shall be shown from the adjacent Improved ricjht~-w~ to the uses. 42. At time of permit review, identily m .the ~ plan ~ se~ack dimensions from the west, east and south property lines to the leacllng ectga of the building tilled I~estaumnt f~l. The C~ty has al3proved a 0' setback for f~estaurant ~ 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 ~ building. The leaclin~ edc~e of the buildlnc~ begins at the closest point of the BoFnton Beach Marina File No.: COUS 98.,008 OEPARTMENT~ ovemang ar can~P7 to the proper~y line. The fire rating anti wall openings located on the exter~r walls of all buildings shall comply with the regula~lons speciflecl in Table 600 of the Stanclarcl Buiidlnc~ Code. 43. Add to sheet A2.01 the required accessible sidewalk that would x create the accessible path for the van accessible partdng space to the accessible buiidinc~ ent~nces. 45... Show and identify on the sheet tilled Ground Level Floor Plan how x mail will be delivered to the apartments, . permit review. The Permit fee, water and sewer facility fees, review. The fees will be accessed consistent wilh the specific3tions listed in the Oevelol3rnant PARKS AND RECREATION Comments: None I:ORES~IRONMENTAUST Comments: None PLANNING AND ZONING -. Comments: 47. Change "20' to ,10" In equation for parldng spaces for aparimants, x Total is con'ect at*20. ' 43. Re~ard~g landscaping: · On landscal=e plan, dimansion .distance between perimeter x trees to show compflance with re~luiremant to be a minimum of one (1) per30 Iineer feeL. · Dimension all perimeter landscape _.st~m to show minimum · A(td note to landscape plan incllcatlng quantity of interior parking spaces (excluding garage spaces), required Interior landscaped area (20 SClUam feet/space), and interior lancl$cal:)ed area provided (or u$!_ncj redl~_,~l__nfl, criteria to tan D~A~~ INCLUDE R~E~ (10) ~ f~t ~ spa~ if a mini~ ~ ~e (1) i~ shade ~ is p~d~ per ~ur (4) i~m ~). ~d n~ ~ lands~pe p~ ~flng n~b~ ~ ~ (~e is and so~ ~ ~ B ~ s~ or ~ ~ File No.: COUS 98-00B DEPARTMENT~ INCLUDE REJECT 55. Submit ul~latKI lamlscape plans for entire project to show compliance with all applicable regulations, Internal c~n$istancy, and to include the following changes to the land$cal:~ notes found on sheet LS1.00: a. Add, as specified in the "Grades and Standards for x Nursery Plants' Part I, 1963 and Part II, Stat~ of Florida, I:~partment of Agrimltu~ TallaMasee to b. Remove the w~t, 'No", fr~m the beginning Of not~ numbs' 19. Business Oistdct ~nclscape Code, 8ecllm 8,1 , detail sheet) and a photometric ~ to vm~y tMt ~ Aa types Of nghUng flx lot) M'M x 7.5, Article III - Central Busine~ District Landscape Code, · Section 8. A. 7. a, b, ¢ ~ d and 8. a, b, c and d and Design Guidelines of Boymon Besch Centxal Business District page 57. Project shall provide a minimum Of 505 'total pa~ing spaces, Including a minimum of 207 ~ that must remain open and MINIMUM NUMBE~ OF PARKING SPACES PROVIDED IN' x RIGHTS.~F-WAY IF CREDITED TOWARD TOTAl. (A~ per development agreement these spaces may be cr~Red toward the evailable for un by the W) [Land Development Regulations' Chaptar 2 - Zoning, Secl~n 11. H. 18. e. (10), Section 6.E.4.b(1XI), Section 11-.H.16.d(3), and 58. The applicant's application ~ of $1,500.00 for origina pha~ and $353.28 postage fe~ ~ ~on of adjacent property owners, shall be paid prior to iasuance Of subsequent x permits or ded~_~_~_ from the ince.qtlv~ for _~dministrative fees. Beach 0~~~ - INCLUDE R~E~ Pa~ Beam · d~la~on. ~=ansion ~ d ht~a to ~ done ~ Boynum B~,J~ Mmm Fil~ No.: COUS D~AR~~ IN~UDE magn~de ~ spa~ to be I~ ~ ~a~ble to ~e ~, ~ ~ ADD~ON~ P~NNING ~D D~OPM~ BO~D COND~ONS ADD~ONAL C~ COMMISSION COND~ONS LEFT INTENT'lOgY BLANK INTENTIONALLY LEFT BLANK EXHIBIT INTENTIONAU-Y LEFT BLANK EXHIBIT "K" 0 0 0 0 ............. April 9, 2008 V~A F~ AND ~ (~,~aq M~rr. Dear Mr. Greene: We ~p~ ~~n ~, L~. ('~G"), ~~ ~ ~~d ~ ~a Vills~ at Bo~n Bea~. ~ you are aw~, a p~o~ ~ of ~e ~bj~ p~ ente~ ~W a ~nd R~ D~o~t ~t ~ J~e 6, 2~0 C~ment"), ~ ~e Ci~ of ~n Be~, ~o~ C~"), rela~n~ ~ the develo~ent of ~e p~pe~ ~ ~t bss ~ obsole~ due ~ ~e fa~ ~at ~e d~elopment ~n~~ ~ ~ ~~t ~d n~ ~, ~d ~e dea~es for comple~ ~oM ~o~nt ob~o~ we~ nev~ met. In p~o~ ~~o~ ~th City offi~ ~ develo~t of ~e su~ ~~ ~ P~~ by ~G ~ ~b~~y ~nt Apr 9, Accordingly, TRG requests that the City Commi~ion take appropriate action to tarmi,~sts the Agreement as a matter of record. Such ter~i,~ation should be expressly conditioned on the survival of the matters set forth in the letter from James A. Cherof, City Attorney, to The Related Group and AERC of V'u~mia, Inc., dated December 80, 2002 (copy attached). I~ .possi.b~.., ple.ase schedule tl~i, reque~c for City Commission consideration s~ it~ meeting on April 15, 2008, a~ which ot~er matters rela~ing to t~he propo~i davelopmen~ o~ Marin~ Village e~ Bolrn~on Beech will also ~ conaidered. T~-,,~ you for your cooperation. Sincerely,//~j ~.nd. December 30, 2002 ~fa K~nd Delivery ABRC of Vir//ma, Inc. Re: RoclueSt for F~*,oppel Iafomat/on/Mad~ ViLL~ The City has rece/ved the December 30, 2002 wr/ttm request of The Related Group and AERC of Virsinia, Inc. for an e~oppel lettm' ~ the mnounts spent and unspent by the City of Boynton Beach under the Second Revised Development. More ~ecifically, you have ask~i the City: Re,pome: The City hm paid on bdmff of the D=velolm' $13,570.99 for r~il commercial water and sewer impact and connection conn~tion fe~s. Throe f~ am tnmsfa~le to a sucx,~or owner of the Project and shall survive any tenaina~on of the Development In addition, please confirm tlu~t $162,800 lurm been spent toward~ City, Sram and County permit fees, and please confirm tk~ porgon of thit amount which was tmid to the County for impact fees, and law ~'W/ shall cooperate with the d~ve2aper and support with the Count): a successor owner's cr~dit for th~e f~es, Also, l~itase confirm that the City Commission shall consider as a policy decision gf~g a successor owner of the Project a credit (which credit shall survive any tarminatlan of' the Dm, el~pm~t ,a. grezmtnO against future per~ff fees for tht portion of this amount which nnzs patd to thc City, and plattse confirm that amount, and City staff shall favorably recommend suck acoIom Re,pome: The City has paid: To Palm Beach County, on b~halfof the Develops, $122,688.8~ ia road impact fees and $4.802.91 in public building f~. It i~ thc City's understanding that under County · . obtained firm th,...,unty, b~or modifi~o~ ~o the eppr~,,ed site plm c~n result in fcc To the ,SM of Florida, $138.70 in BACIF and $138.70 for Radon permit fees. Confiral~on of lransferability should be obtained from the Shte. To the City of Boynlon Beach $34,726.38 for building penni~ review fees. Thc credit is transferable. No refund is available for voided pc~,,,i~s. AIs~, pleat confirm that no otA~r amounts ~ un~r ~ bond or ~ D~opm~t ~tm~t R~o~c: ~e CiW h~a ~~ S201,919.76, wMch ~clu~ ~c ~o~ sho~ ~ove. ~e ~j~ ~ ~~ by a CiW ~ for ~c ~ ~c~hvc p~k~ of 5~0,328.~, I~s ~80.~, ~ch is ~ ~ ~ ~: Y~. I ~ ~e fo~ ~ ~~ ~ ~ r~ TOT;ql._ P. 05 F. Marttn Perry & Assodat~, P.A. May 8, 2~3 i 0F D~LOPk~EN~ J~ ~ C~, E~ ~a F~imile: ~1E42~ Ci~ ~ ~ ~ 9~-2~ P.O. ~ 310 Re: ~ ~~ R~ ~. Ci~ ~ ~~ B~ ~~. CL~AG D~r Jim: As you know, this firm represents DSS Proparti~, Ltd. and DSS Man--t, inc. d/b/a/ Two Georges Restaurant. I have been advim~l that the City Commission recently approved the Major Site Plan Mocl~ submitted by the Related Group for the Boynton Beach Marina project. As a result, my ciient requested that I review the proposed modifications as they relate to paildng, to determine whether the proposed modifications are consistent with the Court approved settlefTmnt 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, recorcled on August 28, 2000 at ORB 11980, PG 492, Public Recoms of Palm Beach County. The Amended Mediation Agr~ clemty contemplated amendments to the Developmer~ ~ mx:h that it would be consistent with the settlement among the parties. The resulting OeveM~ Agremnent, the Second Revised Development Agmemifl~ provides, in part, ~ · 7. DEVELOPER shill provide a minimum of 505 parking spaces, 207 of which mit be open and unreserved for public use ( Of these 207 spaces, 59 am on Caea Lomb 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 olMiGltJon of 207) .... · Emphasis added. J~rnes A. Chemf, Esq. Pags2 of 2 The foregoing paragral:~ 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 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 rxX yea been able to review full size plans showing the parking ~ however, it appears that the resulting approval does not specifically require the clevelol3er 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 corx=emed about the lack of available public parking for thek customers. Of additional concern in this regard is that the developer has apparently raclueate~ 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 sefflement 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 anal 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 deaail. Very truly yours, En~lo.~'es Bill $c~gs, Jr. - via f~imil~: $81/820-818~ Steve Scaggs - via facsimile: 301/208-8037 TDTPi_ P. 02 l~ 11~ CIRCUIT COURT OF T~ I~tX~Ta J~l~ CIRCUIT OF FLORIDA, ~ ~ ~R P~ B~ CO~, ~ A~ON · . ~ NO. ~ ~~ AG DSS PROP~~ L~. ~d DSS ~A~, ~ D~ ~O ~OR~ ~A~, ~ OF BORON a~ ~ / 2 3 4 CFI'Y OF lm~rlro~! ~ R{DK"~I. cmCUIT OF R.ORIDA. IN ANI~ R:)R ~ ,f~.C,, C'OUNTY'. CIVIL ,t,c'rloN O.qS PROPERTi~. LTD. and ~/CIlsdSE NO. C'L 99.L'r4~, AG DS~ MANAGEMENT. INC. D;P,;A SelJ-ia-el~ lh(~m TWO GEOR(31~ RESTAURANT. ~ **Z ._i~___~eJ~ pg ~:~ v~. ORDERED AND A~~mat the Fafles' Sdludatm is here~. LeWovaI. and ~ut r-urmer, asa Caen trains ]urisdfctt~,~ot~e b term~ flf du parries' AmeuSed Media~m Al~mem Mmcbed to tim $1ipuLuhx~ for~y Dmmssa] wire Pzejud~. c~ies furnished: ,'//'~ L~ / ' emTmoa Bear. h, FL 33425 ~f'"_. ~:.~..~., ' del.:ted (b:} DEVELOPER giving wriUen notice to the CITY of aben~mmeat c~ the SITE PI.~H. It is a~no~ledged ~hat minor modif',:ali3ns of the SITE PLAN or ex~ansion~ of the PROJECT. approved by the CITY. shal not be deeme~l an abandonment. g. ~:~.~)EVELOPMEN,T ,,U~. ES. "~J',--/-, O 29,302 square feel of two-~o~/oftice/mtai fkx~ are.. ~:.~..~'~. Two 13ublic restaurants with · O:mlbin~d ama of 12.830 square feat. 3. ~les. 4 ~"~~m~n.~ sips, 2 of which ~  4~of Boynton Such for Polic~N~ne P'atr~ 5. A ~ resident~l apartment buiding of $ stories ~r lass, no~ to  at ~ heighl and no m~e than 229 residanlial uni3. 7. DEVEI.OP~ ~mIJ provide. ~nimum of 505 pm'king ,pacas, 207~ of .high must ~~ and trot·served for public u.e (Of th·se 207 i~ gmm~ng to the ~~ use o~ these 59 public spaces as C3'L=dit ~ At tim A"!l~ 3- lgr/J City Cm~mi~on rn~fim..~.~m~t to LDIL Ch~pk.'r. Z Zoni..P.. D.4.d.(2) t~ Cft.v Commi.~ion rcduc~l th~ r~uircd public~.~?~ca~ to 207. TOTAL P. ~:11~ IX.-CITY MANAGER'S CITY OF BOYNTON BEA REPORT AGENDA ITEM REQUEST } ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates 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) [] 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: Review staff report on space needs options attached and direct staff accordingly. EXPLANATION: Synopsis of Report and Recommendation: This report reviews the results of the recent space needs study for City Hall and Public Safety functions and develops policy options for the City Commission to consider. There are four options as summarized below: 1. City Hall~Police Department/Fire Administration - 100 E. Boynton Beach Blvd. - Summary of Findings: Reconstruct City Hall and build a new public safety building and replacement Civic Center in the current City campus area between Boynton Beach Blvd and SE 2nd Avenue. Total cost $28 M. Option can also include new Public Safety Building and replacement Civic Center with deferral of City Hall remodeling at an estimated cost of $22.3 M. No dedicated revenue stream for this project has been identified. If the City Commission prefers to leave the City Hall operations in the downtown area, authorization is sought to proceed with financial options for constructing a new public safety building and replacement of the Civic Center building. 2. City Hall~Police Department/Fire Administration In Downtown Area - Summary of Findings: This option includes construction of a new City Hall and Public Safety Center somewhere in the Downtown Area at a net estimated cost of $33.2 M including possible sale of the City Hall site for development. No dedicated revenue stream for this option has been identified. Unless we are able to negotiate a very favorable lease-purchase contract with a developer or with CRA funding, staff believes this option is beyond the financial capability of the City at this time. 3. The Western Option for City Hall and Public Safety: Relocate City Hall to the Gateway/Congress area and build a City Services Center in the current City campus area between Boynton Beach Blvd and SE 2nd Avenue. Total cost $18.1M with re-development of 3.8 acre City Hall Parcel. A funding source derived from the assessed value of the redevelopment of the Motorola parcel has been identified as a possible vehicle for a substantial portion of the project. Possible use of Mangrove High School identified with this option. If the City Commission believes the Western Option offers an opportunity for the City to meet space needs, staff respectfully requests that the City Manager, City Attorney, Finance Director, Public Works Director and Bond Counsel be given the responsibility to work with Compson and Associates to develop funding alternatives for the City Commission's further review. This is a unique opportunity to address space needs issue in an existing building. 4. Status Quo - Do not address the space needs issues as identified by the consultant for the Police Department, Fire Department and City Hall at ~,is time. S:'d3ULLETINWORMS',,AGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH -' AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The space needs calculations have been completed and will have an impact on furore City services. There is a critical need in the Police and Fire Departments for additional operational space. FISCAL IMPACT: As noted above, each of the options has a projected cost, as noted. ALTERNATIVES: The alternatives are identified above. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'~BULLETIN'xFORMS'~AGENDA ITEM REQUEST FORM.DOC The Cit o Bo nton Beach OFFICE OF 7I-IE CITY MANAGER ~_100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beacl~ Florida 33425-0310 City Manageff s Off we: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager~ci, boynton-beacb~fl, us www. cl. boynton-beach,fl. us To: City Commission From: Kurt Bressner, City Manag~r/~`.~ .._ Date: September 2, 2003 Subject: Report and Recommendation - City Space Needs Analysis Planning - City Hall Complex Synopsis of Report and Recommendation: This report reviews the results of the recent space needs study for City Hall and Public Safety functions and develops policy options for the City Commission to consider. City Space Needs Study - City Hall and Public Safety Needs The City staff has received the final report from the consultant selected to perform a space needs analysis of City facilities. The scope of work performed by the consultant included analysis of current and future space needs for the following functions of the City: City Hall Police Department (including Code Compliance, Firing Range and Animal Control) Fire Department (Administration and Life-Safety) Public Works Parks and Recreation (Recreation Administration and all Parks Maintenance) The consultant reviewed current space availability, current (2003) space needs and year 2020 space needs for all of the above functions. In addition to assessing current and future space needs, the consultant performed an existing facility assessment for the City Hall Complex, Public Works Building, firing range and animal control facility. The consultants also performed a limited inspection of the city facilities, which included: Mechanical Equipment Evaluation Electrical System Evaluation Facility Security Regulatory Compliance The space needs for the program functions of the Recreation Department, Utilities and Fire Operations were not included in the scope of work assigned the consultant. In addition, at the request of the City, the consultant performed a structural and functional analysis of Wilson Center to determine if it was feasible to refurbish this building. City Hall~Police Department/Fire Administration - 100 E. Boynton Beach Blvd. - Summary of Findings: Reconstruct City Hall and build a new public safety building and replacement Civic Center in the current City campus area between Boynton Beach Blvd and SE 2nd Avenue. Total cost $28 M. Option can also include new Public Safety Building and replacement Civic Center with deferral of City Hall remodeling at an estimated cost of $22.3 M. No dedicated revenue stream for this project has been identified. The space needs consultant has determined the current building is inadequate to meet the service needs of the City without a significant remodeling and construction of a new public safety building approximately at the location of the Civic Center Building. The most severe space needs issue is in the Police Department. The current space of all police functions (including Code Compliance, Animal Control and shooting range) is 18,354 sq. ft. The 2003 space needs for these same functions is 66,138 sq. feet, which reflects a space needs increase of 360%. When the 2020 space needs for the Police Department are factored, there is a total need of 77,955 sq. fi. or a 424% of current available space. Interestingly, the 2003 space needs for City Hall Functions at the present location are close to the current space available. There is a shortfall of about 8,000 sq. fi. with the 2020 space needs for City Hall. The consultant observed that City Hall does not function well with oversized office areas, limited meeting space and poor customer circulation. The building condition of City Hall is "fair" with some infrastructure issues in need of attention. The most significant is the lack of adequate hurricane protection. The building may not survive a Category 3 storm. The consultant recommended that City Hall be refurbished at a cost of approximately $2.0 M, a new Public Safety Building be constructed at an estimate of $13,300,000 and replace the 9,771 sq. ft Civic Center with a new 12,000 sq. ft. facility at a cost of $1,980,000. These costs are exclusive of parking deck costs and land purchase costs. Based on a recalculation of costs, using the consultants unit prices, the cost for reconfiguration of City Hall, a new Public Safety Building and replacement Civic Center in the current campus location would be close to $27 M. The detailed analysis of the construction costs is attached to this report an exhibit. The costs that were recalculated are not an exact square foot per square foot match to the consultant's report because some of the functions the consultant put into a Public Works facility were relocated back to City Hall. These included: Public Works Administration Recreation and Parks Administration Engineering Operationally, these functions should be in a City Hall, if possible, rather than at a remote location. Additionally, the Code Compliance and Fire Prevention Bureau should be located in City Hall close to other Development Department activities, if possible. This helps with "one-stop shopping" for citizen and permit needs. 2 America's Gateway to the Gulfstream Finally, recognizingthe need for a fifth fire station to serve the burgeoning CBD area, a 7,500 sq. ft. fire station was included in the Public Safety Building. In the rework of the consultant's figures, Fire Administration was relocated to Fire Station #2 on Woolbright. The design team for the fire station is aware that the Fire Prevention Bureau and Fire Administration may be deleted from that station construction ifa decision is made on the City Hall/Public Safety Buildings or the Western Option as described later in this report. The following is a re-statement of the projected space allocation and costs for a new Public Safety building downtown (on site of current Civic Center) New Public Safety Building at Civic Center Site Sq. Ft. Sq. Ft. Unit Const 2003 2020 2003 Need 2020 Need Cost Sq. Ft Need Need Police Department 52,956 64,773 $ 140.00 $ 7,413,840 $ 9,068,220 Communications 4,778 6,150 $ 160.00 $ 764,480 $ 984,000 Fire Dept Admin $ 130.00 $ $ Fire Substation CBD 7,500 7,500 $ 105.00 $ 787,500 $ 787,500 Total Need 65,234 78,423 $ 8,965,820 $ 10,839,720 Site Development $ 420,000 $ 483,000 Furnishing/Equipment $ 585,448 $ 673,265 Security System $ 52,000 $ 59,800 Network Cable $ 157,952 $ 181,645 Subtotal $ 1,215,400 $ 1,397,710 Total Base Construction $ 10,181,220 $ 12,237,430 Professional Fees 9% $ 916,310 $ 1,101,369 Contingency 12% $ 1,221,746 $ 1,468,492 Site Work/Demolition Stormwater $ 350,000 $ 350,000 Total Construction $ 12,669,276 $ 15,157,290 Parking Deck Spaces: 300 $ 10,500 $ · 3,150,000 $ 3,150,000 Project Total $ 15,819,276 $ 18,307,290 Cost Sq. Ft. $ 242.50 $ 233.44 Land Purchase Required* 31,200 sq. ft. Ocean/lst Apts $ 2,000,000 $ 2,000,000 and Condos Total Public Safety $ 17,819,276 $ 20,307,290 3 America's Gateway to the Gulfstream Estimate of Cost of Refurbishment of Existing City Hall/Police Building into City Hall Refurbish Existing City Hall/Police Fire Station Sq. Ft. Sq. Ft. Unit Const 2003 2020 2003 Need 2020 Need Cost Sq. Ft Need Need City Services 51,268 60,378 $ 55.00 $ 2,819,740 $ 3,320,790 Public Works Admin 2,513 2,813 $ 55.00 $ 138,215 $ 154,715 Engineering 2,290 2,790 $ 55.00 $ 125,950 $ 153,450 Code Compliance (PD) 2,262 2,483 $ 55.00 $ 124,410 $ 136,565 Fire Life Safety 2,470 2,964 $ 55.00 $ 135,850 $ 163,020 Parks and Rec Admin 1,414 1,624 $ 55.00 $ 77,770 $ 89,320 Total Need 62,217 65,981 $ 3,421,935 $ 4,017,860 Site Development $ 150,000 $ 172,500 Furnishing/Equipment $ 186,597 $ 214,587 Security System $ 55,000 $ 63,250 Network Cable $ 55,535 $ 63,865 Subtotal $ 447,132 $ 514,202 Total Base Construction $ 3,869,067 $ 4,532,062 Professional Fees 9% $ 348,216 $ 407,886 Contingency 12% $ 464,288 $ 543,847 Total Construction $ 4,681,571 $ 5,483,795 Surface Parking Spaces 200 $ 1,200 $ 240,000 $ 240,000 City Hall Refurbishment Total $ 4,921,571 $ 5,723,795 Cost Sq. Ft. $ 79.10 $ 86.75 Replacement of Civic Center Building (with grand total cost) Civic Center Building Sq. Ft. Unit Const 2020 Need Cost Sq. Ft Replace Civic Center Building -- sq. ft. 12,000 $ 125.00 $ 1,500,000 $ 1,500,000 Site Development Allowance Lump $ 300,000 $ 300,000 $ 300,000 Sub-total $ 1,800,000 $ 1,800,000 Professional Fees 10% $ 180,000 $ 180,000 Surface Parking Spaces 60 $ 1,200 $ 72,000 $ 72,000 Civic Center Project Total $ 2,052,000 $ 2,052,000 Cost Sq. Ft. $ 171.00 $ 171.00 Grand Total $ 24,792,847 $ 28,083,085 4 America's Gateway to the Gulfstream Comments on the Refurbishment of CBD City Functions Option The total cost of the project is beyond the ability of the City to pay for unless the tax rate for the city is substantially increased. Given our current millage rate of 7.6% and a desire by the Commission to stabilize or reduce the tax rate, this does not appear to be viable option as a total package. The annual debt service, based on a 20-year bond would be $2.1M (assuming a $28M cost ~4.5% interest). This would effectively raise the City's tax millage to the vicinity of 8.7% (inclusive of the current debt service of about.3%). (At current assessed value, 1 Mill = $3,235,000) It may be possible to phase in the projects in the downtown area over time and reduce the cost. However, the consultant's report points out that the space needs in the Police Department is severe and in need of attention now. The cost of constructing just the Public Safety Building, delaying work on City Hall and not replacing the Civic Center is less, but not desirable. This cost would be approximately $20.3 M. This results in an annual debt service on a 20-year bond of $1,793,120. Again, this is based on an assumed interest rate of 4.5%. This would require a tax rate increase from 7.6% to 8.2% (inclusive of current debt service of about .3%). As a practical matter, the space needs consultant has noted the probable site of a new Public Safety Building would be where the Civic Center Building is located making the a new Public Safety Building and replacement of the Civic Center, a "package deal." In addition, it may be possible to fund part of this project from the balance of Public Service Tax revenue. According to the latest figures from Finance Director, Diane Reese, there is a bonding capacity of about $17 M from the balance of Public Service Tax revenue not already allocated to the non-referendum capital projects which were approved by the City Commission earlier this year. In addition, the Public Service Tax funds have been pledged for payment of the Tradewinds Lawsuit debt. Use of all of these funds for this project will effectively stop future City Commission from allocating these funds for other capital projects they deem appropriate for the Community. 5 America's Gateway to the Gulfstream City Hall/Police Department/Fire Administration In Downtown Area- Summary of Findings: This option includes construction of a new City Hall and Public Safety Center somewhere in the Downtown Area at an net estimated cost of $33.2 M including possible sale of the City Hall site for development. No dedicated revenue stream for this option has been identified. This option consists of the City relocating the entire Public Safety and City Hall complex to another location downtown. In this scenario, a multi-story City Hall/Public Safety building would be constructed with decked parking on a 6-acre parcel. The building would need to be at least six stories in height to fit on this size parcel, as a total of 143,000 sq. ft would need to be constructed. New Public Safety Building Downtown Sq. Ft. Sq. Ft. Unit Const 2003 2020 2003 Need 2020 Need Cost Sq. Ft Need Need Police Department 52,956 64,773 $ 140.00 $ 7,413,840 $ 9,068,220 Communications 4,778 6,150 $ 160.00 $ 764,480 $ 984,000 Fire Dept Admin $ 130.00 $ $ Fire Substation CBD 7,500 7,500 $ 105.00 $ 787,500 $ 787,500 Total Need 65,234 78,423 $ 8,965,820 $ 10,839,720 Site Development $ 420,000 $ 483,000 Furnishing/Equipment $ 585,448 $ 673,265 Security System $ 52,000 $ 59,800 Network Cable $ 157,952 $ 181,645 Subtotal $ 1,215,400 $ 1,397,710 Total Base Construction $ 10,181,220 $ 12,237,430 Professional Fees 9% $ 916,310 $ 1,101,369 Contingency 12% $ 1,221,746 $ 1,468,492 Site Work/Demolition Stormwater $ 350,000 $ 350,000 Total Construction $ 12,669,276 $ 15,157,290 Parking Deck Spaces: 325 $ 10,500 $ 3,412,500 $ 3,412,500 Project Total $ 16,081,776 $ 18,569,790 Cost Sq. Ft. $ 246.52 $ 236.79 America's Gateway to the Gulfstream New City Hall Downtown Sq. Ft. Sq. Ft. Unit Const 2003 2020 2003 Need 2020 Need Cost Sq. Ft Need Need City Services 51,268 60,378 $ 120.00 $ 6,152,160 $ 7,245,360 Public Works Admin 2,513 2,813 $ 120.00 $ 301,560 $ 337,560 Engineering 2,290 2,790 $ 120.00 $ 274,800 $ 334,800 Code Compliance (PD) 2,262 2,483 $ 120.00 $ 271,440 $ 297,960 Fire Life Safety 2,470 2,964 $ 120.00 $ 296,400 $ 355,680 Parks and Rec Admin 1,414 1,624 $ 120.00 $ 169,680 $ 194,880 Total Need 62,217 65,981 $ 7,466,040 $ 8,766,240 Site Development $ 150,000 $ 172,500 Furnishing/Equipment $ 186,597 $ 214,587 Security System $ 55,000 $ 63,250 Network Cable $ 55,535 $ 63,865 Subtotal $ 447,132 $ 514,202 Total Base Construction $ 7,913,172 $ 9,280,442 Professional Fees 9% $ 712,185 $ 835,240 Contingency 12% $ 949,581 $ 1,113,653 Total Construction $ 9,574,938 $ 11,229,335 Decked Parking Spaces 275 $ 10,500 $ 2,887,500 $ 2,887,500 City Hall Refurbishment Total $ 12,462,438 $ 14,116,835 Cost Sq. Ft. $ 200.31 $ 213.95 Land Purchase- Acres 4 174,240 $ 22.00 $ 3,833,280 $ 3,833,280 Grand Total $ 32,377,494 $ 36,519,905 Less Value of Old City Hall 3.7 161,172 $ 20.00 $ 3,223,440 $ 3,223,440 Net Cost $ 29,154,054 $ 33,296,465 Option Assumes Fire Administration goes to new SW Station #2 on Woolbright ? Ame~ca's Gatewatj to the Gulj:st~eam Unless the City is in a position to enter into a long-term lease purchase agreement for a new building, the cost of the above option is beyond the financial capability of the City to pursue at this time. Thoughts on Keeping a City Hall Presence Downtown There is value to having the governmental operations centralized in the downtown area from a service and symbolic perspective. City Hall has always been "downtown" and citizens are used to having access to services at a downtown location. We have however learned from the City Hall in the Mall operation that sub-stations provide a viable portal to city services at remote locations. Given the increase of on-line and electronic commerce, the number of face-to-face transactions is expected to decline. The key question is whether a "City Services Center" with fire, police, utility billing, recreation program registration and development permitting is feasible in the downtown area. I think it is, and with the Western Option as discussed next, we can accomplish a meaningful and effective presence on the present City campus between Boynton Beach Boulevard and SE 2nd Avenue. America's Gateway to the Gulfstream The Western Option for City Hall and Public Safety: Relocate City Hall to the Gateway/Congress area and build a City Services Center in the current City campus area between Boynton Beach Blvd and SE 2nd Avenue. Total cost $18.1M with re-development of 3.8 acre City Hall Parcel. A revenue stream for this option has been identified. Possible use of Mangrove High School identified with this option. Well after the time that the consultant was completing the space needs study, another alternative for addressing the space needs for the City Hall and Public Safety operations became known. Compson and Associates, Inc. acquired the 28- acre vacant parcel south of the present Motorola building. The City has approved the first phase of a mixed-use concept for the Motorola site last month. This development is known as Renaissance Commons and will feature retail and owner-occupied residential uses. In addition, Compson has a contract to purchase the balance of the 58-acre Motorola property that includes the 555,000 sq. ft. Motorola building. Recently, Compson confirmed that they have a contract to purchase the 106-acre Winchester property at the intersection of Old Boynton Beach Rd. and Congress. This is an impressive assemblage of very prime property in Boynton Beach. Compson has estimated the market value of a mixed-use project for the three parcels to be $1 Billion. The current assessed value of the City is $3.2 Billion. The present Motorola building is 555,000 sq. fL and the structure was constructed of concrete pre- cast over three phases in the 1990's. Currently, the present owner Capital Properties has attempted to lease out 110,000 sq. ft of office space, 116,000 sq. ft. of showroom space and 125,000 sq. t~. of warehouse space. In addition, Motorola has sub-leased about 200,000 sq. ft of office space in the building. It is my understanding that Motorola has two years lef~ on their lease but that the space is vacant. The balance of the Motorola building is also vacant. Given the above circumstances, I approached Compson and Associates and arranged a tour of the building to see if there was any feasible City use of part of the facility. My main concern was with our communications (police and fire dispatch) and our ITS (computer) services. Both of these operations are currently located on the top floor of City Hall and are vulnerable to wind and water damage in a major storm. As noted in the discussion of the present City Hall, the roof of City Hall is likely to be damaged in a Category 2-3 storm. The City has equipment and computers valued at in excess of $2.0 M upstairs in City Hall. My first view of the building was to evaluate if these operations could be located to the Motorola building as the structure is out of the storm surge area and is a hardened structure. However, when I also learned of the major space deficiency in the Police and Fire Departments, I began to look at the structure from a different perspective. Why not evaluate the structure for possible relocation of the public safety and City Hall operations? With the possibility of a mixed-use development on the entire Motorola site, a major office use such as a municipality would lend itself to the area. The tax loss to the City would be $147,000 based on the current assessed value of the 58-acre Motorola property inclusive of the building is $18.4 M. However, this loss is calculated on the entire Motorola site. If the property were redeveloped in a mixed use, Compson has projected an assessed value of $350 Million, exclusive of the office portion of the Motorola building. With this information, I began to run some calculations based on the recently received space need 9 America's Gateway to the Gulfstream study, the cost of re-constructing City Hall and a public safety building downtown compared with purchasing and renovating a modem office building at the Motorola site. Based on the space needs analysis completed by the consultant and an assumption that we would consolidate City services under one roof, the following space needs projection can be achieved at the Motorola Building: Preliminary Space Needs Data - City of Boynton Beach 8/24/2003 Current 2003 Need 2020 Need % of Total Space City Services 47,572 51,268 60,378 33.21% Police Dept 18,354 52,956 64,773 35.62% Code Compliance (PD) 1,200 2,262 2,483 1.37% Fire Admin 2,070 4,245 4,356 2.40% Fire Life Safety 860 2,470 2,964 1.63% Communications Center 1,790 4,778 6,150 3.38% Public Works Admin * 2,200 2,513 2,813 1.55% Engineering * 2,400 2,290 2,790 1.53% Parks and Rec Admin* 1,700 1,414 1,624 0.89% Sub-Total 78,146 122,782 148,331 81.58% Community Center/Training 6,500 6,500 3.57% Possible Outside Uses United Way - 16,000 16,000 8.80% Chamber of Commerce - 6,500 6,500 3.57% Community Use 4,500 4,500 2.47% Sub-Total 27,000 27,000 14.85% Total Uses 78,146 156,282 181,831 100.00% Source for City Data: Architects Design Group, Preliminary City Wide Space Needs Study, 2003 Other Agencies based on preliminary estimates only *Original destination was PW Facility. PW Admin space deducted locker room, lunch room, storage etc. needs consultant. Based on the above space needs, the Motorola facility is a good "fit" for the City's 2020 space needs of 148,331 sq. fi. With some additional work, I believe outside groups would have access to space at the facility. 3_O America's Gateway to the Gulfstream The Cost and Fundi#~ or,be Western Option To fund the project, the City could"capture" the assessed value gro h of the Motorola site ¢8-acre building site and 28-acre Renaissance Commons site), use this growth like a CRA does and pay for the building, refurbishment and construction of a service facility in the downtown area. Based on the numbers that Compson has provided me last week, this can be done in a cost-effective manner without raising property taxes. The total cost of the Western Option, is less than the cost of staying downtown. I have projected the total cost to be $22.7M, which includes construction of a new 12,500 sq. ft City Services Center somewhere on the existing City campus between Boynton Beach Boulevard and SE 2nd Avenue. This compares favorably with the $27 M. downtown option that does not have an identified revenue stream to cover the cost of the project. The projected cost of the purchase and renovation of the Motorola building is $21.1 M. Building Data and O&M Expense Projection - Western Option (Motorola) 8/23/2003 Total Floor Area 201,243 Core Factor 12.00% (Mechanical Areas etc) Core Factor Floor Area 24,149 Net Floor Area 177,094 Parking Requirement 805 (at 1 space per 250) Parking Deck Cost $ 10,500 (Construction Cost/Space - Deck) Parking Spaces Provided 800 Parking Deck Cost $ 8,400,000 Discount for Mixed Use $ (3,360,000) 40% (Shared Use after Hours) Net Deck Cost $ 5,040,000 Refurbishment Cost $ 17.50 Sq. Ft$ 3,521,453 (Relocation Panels/carpet) Commission Chambers Lump $ 550,000 PD Property and Evidence $ 140.00 Sq. Ft$ 549,500 3,925 Sq. Ft. PD Booking/Intake $ 160.00 Sq. Ft $ 603,200 3,770 Sq. Ft. New Chiller/AC Units Lump $ 450,000 Addl Work/Network Syst Lump $ 150,000 Recycled Office Furniture/Partitions $ 250,000 Sub-Total Construction $ 6,074,153 Contingency 12.00% $ 728,898 Sub-total Building $ 6,803,051 Cost/sq. ft $ 33.81 Cost of Building $ 9,300,000 Cost/sq. ft $ 46.21 Motorola Build-Out Total (Building and Parking) $ 21,143,051 Cost/sq. ft $ 105.06 ~_l America's Gateway to the Gulfstream In addition to the above, the cost estimate includes the cost of a services center located somewhere on the present City Hall campus site. This was done to maintain a City presence in the Downtown area. Estimated Cost of City Services Center in Civic Center Area Unit Cost Base Cost Land Cost Total New Construction 12,500 Sq. Ft $ 120.00 $ 1,500,000 $ 450,000 $ 1,950,000 Refurbished Construction 12,500 Sq. Ft $ 55.00 $ 687,500 $ 550,000 $ 1,237,500 Average $ 1,593,750 Note: May be possible to add additional space in Refurbished Mangrove HS. (Except Fire Station) Space above includes Police Sub-Station, Fire/Rescue Sub-station and City Service Center. Fire Rescue Sq. Ft 7,500 (in different building if HS is used) Police Substation Sq. Ft 2,000 City Services Sq. Ft 3,500 Purpose of the Services Center is to provide convenient services to residents of east side of community including possibly the following: Recreation Program Registration Utility Bill Payments Beach Passes/Boat Launch Permits Building and Zoning Q&A/Permit Intake Code Compliance Assistance Police Services/Police Desk - Prefer 24/7 Operation Auxiliary Space for City Officials to Meet w/Citizens City Services Kiosk Expenses Cost of Motorola Building, Parking and Rehab $ 21,143,051 2020 Need Average Cost of 7,500 sq. ft. City Service Center $ 1,593,750 2020 Need Total Estimated Cost $ 22,736,801 2020 Need America's Gateway to the Gulfstream Revenues are Available to Reduce Project Costs The above $22.7 M cost does not include possible revenues to reduce the project cost from the following sources: Sale of City Hall Site for Redevelopment: Based on projections the sale of the existing 3.8-acre City Hall site could generate between $1. ! M and $5.6 M depending on market conditions. Estimated Value of City Hall Site Value Sq. Vt Value Area (acres) 3.7 Sq. Ft 161,172 $ 7.00 $1,128,204 Area (acres) 3.7 Sq. Ft 161,172 $ 8.00 $1,289,376 Area (acres) 3.7 Sq. Ft 161,172 $ 9.00 $1,450,548 Area (acres) 3.7 Sq. Ft 161,172 $ 10.00 $1,611,720 Area (acres) 3.7 Sq. Ft 161,172 $ 20.00 $3,223,440 (probable value) Area (acres) 3.7 Sq. Ft 161,172 $ 30.00 $4,835,160 Area (acres) 3.7 Sq. Ft 161,172 $ 35.00 $5,641,020 The City Hall complex site is situated in an ideal location for re-development into a commercial or office complex project. The value used in this analysis is $3.2M. Possible Partners in the Building - United Way: United Way currently has a facility in Boynton Beach comprising of approximately 16,000 sq. fi. The land value of the United Way parcels and the condition of the building has caused the organization to assess their options. In my view, placement of the United Way headquarters into a City Hall complex would provide a unique blending of programs and services and a logical sharing of meeting facilities under one roof. Using a proportional analysis of the projected building purchase and refurbishment costs, the 16,000 sq. ft. United Way could generate approximately $1.4M in construction revenue plus an annual apportionment of the operation and maintenance expenses projected for the building. Other possible tenants include the Chamber of Commerce if the building they presently are located is sold for re- development purposes. I have not projected any revenue participation to be included in the cost estimates from the Chamber of Commerce. With the value of City Hall and a United Way Contribution included, the net cost of the West Option is $18.1 M. It should be noted also that if United Way sells the Boynton Beach property for development, the t ~ax-exempt status of the property would be removed. Comments on the Western Option The Motorola Building is a modem office building constructed of concrete. It was constructed with details that cannot be easily replicated in a new building without adding sufficient cost. One aspect of the space needs study concerns the inefficiency of the present City Hall building in terms of public access, office sizes and lack of training or meeting rooms. Given the fact that the Motorola building was constructed for an office use, these attributes are already built in. The offices are sized according to modem standards and the building features interior partitions relocated, allowing future flexibility as space needs change. We are fortunate that we have the space needs study that is current and identifies our needs. ~.3 America's Gateway to the Gulfstream The cost of purchase-and refurbishment of a newer building is competitive with the construction of a new public safety building and refurbishment of the existing City Hall. Based the estimated total cost of $22.7 M for the construction costs for the western option and a new service center (including a full-fire station) on the current City Hal.1 campus compared with the projected values of new construction of a mixed use development at the Motorola site, there is sufficient revenue, upon completion of the project, to meet $1.8 M of the $2.1 M annual debt service for a 15 year bond to pay for the project and include a $450,000 annual set aside for building operation and maintenance costs. 1 Given the size and scope of the project, a short fall of $300,000 a year in debt service can be funded from other sources. These assumptions are based on a build out assessed value for the mixed use to be $300 M. The developer has projected a build out assessed value of $352 M. Assuming the developer's estimate to be more accurate than mine, the annual debt service amount needed of $2.1 M (based on a $22.7 M project) is met by revenues of $2.1 M, plus an additional set-aside of $525,000 for building O&M costs. In addition, I believe the cost of the new fire station may be a cost that could be captured from the TIF increment in the CRA. For purposes of presentation, however, I have not included that revenue source in the project cost estimates. Also, in the event the City operates a full-sized fire station in the Town of Ocean Ridge, the need for a full-sized station in the Boynton Beach CBD area is reduced. Again, to be conservative, I have assumed construction of a full-sized fire station in the vicinity of the current City Hall for purposes of cost projections. In summary, the western option is viable and a means to meet our space needs in a cost-effective manner with a revenue stream in place and without a property tax increase. An Interesting Wild Card Emerges During the review of the space needs options, the Mangrove High School refurbishment project became.an interesting player in the space needs puzzle. If the policy decision is to authorize staff to negotiate a possible westem option for City Hall, it is possible that funds could be found, in part, for the refurbishment of the building ifa portion of Mangrove High School were used for a City Services Center. Obviously, the City could not include a sub-fire station in the building, but other services such as police services, recreation and parks registration, utility billing services, code compliance outreach and other services can be included in the building. This may be an attractive method of saving the building. As with the space needs study, the Mangrove HS Task Force work is timely and relevant to the discussion of City Hall options. Given the total size of the Mangrove High School a City Services Center of 5,000 sq. f~. could be accommodated nicely and provide additional space for other 1 The $22.7M cost figure does not include revenue from possible sale of City Hall or cost participation by other parties in the use of the western option City Hall. This brings the cost down to approximately $18.1M. We still need the NE Fire Station construction to provide service to the NE Quadrant of the City per the program plans for the Fire Assessment. The full fire station in the downtown area is to meet the needs of new development in the CBD. 14 America's Gateway to the Gulfstream community needs and office space for the Children's Museum.2 In addition, the CRA and Chamber of Commerce may wish to consider relocating office space to this facility, if remodeling is deemed feasible by the task force. The task force report is due in December 2003. Summary - Four Alternatives Emerge 1. If the City Commission believes the Western Option offers an opportunity for the City to meet space needs, I respectfully request that the City Attorney, Finance Director, Public Works Director, Bond Counsel and I be given the responsibility to work with Compson and Associates to develop funding alternatives for the City Commission's further review. Compson has presented preliminary information along these lines in a letter dated August 20, 2003, attached as an exhibit. The projected net cost for this option is $18.1 M. A funding source derived from the assessed value of the redevelopment of the Motorola parcel has been identified as a possible vehicle for a substantial portion of the project. 2. If the City Commission prefers to leave the City Hall operations in the downtown area, authorization is sought to proceed with financial options for constructing a new public safety building and replacement of the Civic Center building. The refurbishment of City Hall would be deferred under this alternative. The total estimated cost of the Public Safety/Civic Center Building would be approximately $22.3 M inclusive of the cost of parking, and land acquisition. The City cannot afford to also refurbish City Hall at this time. With that improvement, the cost of this option would increase to $28 M. No funding source has been identified for this option, at this time. 3. A second alternative for the downtown area would be consideration of construction of a new Public Safety Building and City Hall on another parcel of property in the downtown area. The total estimated cost of this option is $33.2 M. Unless we are able to negotiate a very favorable lease- purchase contract with a developer or with CRA funding, I believe this option is beyond the financial capability of the City at this time. No funding source has been identified for this option, at this time. 4. The final alternative is the "do nothing" alternative and not move forward on any of the above options. Cc: CMLT 2 The total area of the High School is 28,420, inclusive of the auditorium area. The first floor is 14,600 sq. ft. and the second floor is 13,820 sq. ft. 15 Amer~a's Gateway to the Gulfstream Exhibits to Rcport!- A. City of Boynton Beach City-Wide Space Needs Study- 2003-2020; Architects Design Group, Inc. July 2003. Volume 1 - Executive Summary Introduction; Section 2: Alternatives. B. Aerial Photo of Current City Hall Campus C. Aerial Photo of Motorola Parcel - Line on building shows approximate location where building would be cut off. D. Projected Debt Service Schedule for New Public Safety Building, Refurbished City Hall in City Hall Campus Area E. Projected Debt Service Schedule for Western Option based on Projected Property Values o£ Motorola Site Built as Mixed Use (This analysis does not include possible revenue fi.om sale of Ci~ Hall or Cost Participation by United Way) F. Office Building Annual Operation and Maintenance Expenses Projection and Allocation of Current space at Motorola Building. G. Letter dated August 20, 2003 fi.om James Comparato, President, Compson Associates, Inc. regarding possible purchase of portion of Motorola Building. FI. "Low-key developer has high-profile Boynton Plan" Palm Beach Post, August 17, 2003 16 America's Gateway to the Gulfstream I in. = 200.0 feet City Hall 2 ATTACHMEN~_T "C" CityCampusDebt Amortization Schedule Template 8/24/2003 Version 10/25/84 Bureau of Economic and Business Research Revised by Kurt Bressner 3/1/87 City Campus Building Options (2020 Space Needs) -- Based on 20 Year Bond L Enter the Following Data I Bond/Loan Amount .............................. > $28,083,085 (projected total cost) Estimated Annual Interest Rate ............... > 4.50% I I Payment Period in Years .................... > 20.00 (Current Public Service Tax Bond Capacity is $17M) Annual Payment I ....................... > $2,158,919 (= millage rate of .674 added to current tax rate) Monthly Cost .......................... > $179,910 PRINCIPAL YEAR PAYMENT INTEREST PRINCIPAL BALANCE MONTHLY 1 $2,158,919 $1,263,739 $895,180 $27,187,905 $179,909.94 2 $2,158,919 $1,223,456 $935,464 $26,252,441 $179,909.94 3 $2,158,919 $1,181,360 $977,559 $25,274,882 $179,909.94 4 $2,158,919 $1,137,370 $1,021,550 $24,253,332 $179,909.94 5 $2,158,919 $1,091,400 $1,067,519 $23,185,813 $179,909.94 6 $2,158,919 $1,043,362 $1,115,558 $22,070,255 $179,909.94 7 $2,158,919 $993,161 $1,165,758 $20,904,497 $179,909.94 8 $2,158,919 $940,702 $1,218,217 $19,686,280 $179,909.94 9 $2,158,919 $885,883 $1,273,037 $18,413,243 $179,909.94 10 $2,158,919 $828,596 $1,330,323 $17,082,920 $179,909.94 11 $2,158,919 $768,731 $1,390,188 $15,692,732 $179,909.94 12 $2,158,919 $706,173 $1,452,746 $14,239,986 $179,909.94 13 $2,158,919 $640,799 $1,518,120 $12,721,866 $179,909.94 14 $2,158,919 $572,484 $1,586,435 $11,135,430 $179,909.94 15 $2,158,919 $501,094 $1,657,825 $9,477,606 $179,909.94 16 $2,158 919 $426,492 $1,732,427 $7,745,178 $179,909.94 17 $2,158,919 $348,533 $1,810,386 $5,934,792 $179,909.94 18 $2,158,919 $267,066 $1,891,854 $4,042,939 $179,909.94 19 $2,158,919 $181,932 $1,976,987 $2,065,951 $179,909.94 20 $2,158,919 $92,968 $2,065,951 i($0) $179,909.94 21 $0 $0 $0 $¢0n $0.00 22 $0 $0 $0,,,,, $000 , $0.00 23 $0 $0 $0 $0 24 $0 i$0 $0 i $0 $0.00 25 $0 $0 $0 !$0 $0.00 26 $0 $0 $0 [$0 !$0.00 i 27 $0 $0 $0 ~ $0.00 [ 28 $0 S0 $0 [$0.00 ' 29 ,0 ,0 $0 ~ ,$0.00 30 $0 $0 $0 $0.00 $o $o I$o !$o $o.oo i TOTAL 1543,178,386 1515,095,301 1528,083,0851 / I ATTACHMENT "D" Page 1 West@$22.7M Amortization Schedule Template 8/24/2003 Version 10/25/84 Bureau of Economic and Business Research New Assessed Millage Debt Service Revised by Kurt Bressner 3/1/87 Value Allocation Revenue I I Motorola Parcel Motorola Building Feasibility Study 200,000,000 6.00% $1,200,000 I 250,000,000 6.00% $1,500,000 Enter the Following Data : 300,000,000 6.00% $1,800,000 <<Probable AV I 350,000,000 6.00% $ 2,100,000 Bond/Loan Amount .................. > $22,736,801 (projected total cost w/construction of City Services Center&Fire Station) Estimated Annual Interest Rate ........... > 4.50% ,O&M Rev Payment Period in Years ....... > 15.00 200,000,000 1.50% $ 300,000 I 250,000,000 1.50% $ 375,000 Annual Paym ...................... > $2,117,110 300,000,000 1.50% $ 450,000 Monthly Cost ................. > $176,426 350,000,000 1.50% $ 525,000 Current Assessed Value of Motorola Property is: $ 18,400,000 PRINCIPAL YEAR PAYMENT INTEREST PRINCIPAL BALANCE MONTHLY 1 $2,117,110 $1,023,156 $1,093,954 $21,542,847 $176,425.84 2 $2,117,110 $973,928 $1,143,182 $20,499,665 $176,425.84 3 $2,117,110 $922,485 $1,194,625 $19,305,040 $176,425.84 4 $2,117,110 $868,727 $1,248,383 $18,056,656 $176,425.84 5 $2,117,110 $812,550 $1,304,561 $16,752,096 $176,425.84 6 $2,117,110 $753,844 $1,363,266 $15,388,830 $176,425.84 7 $2,117,110 $692,497 $1,424,613 $13,954,217 $176,425.84 8 $2,117,110 $628,390 $1,488,720 $12,475,497 $176 425.84 9 $2,117,110 $561,397 $1,555,713 $10,919,784 $176,425.84 10 $2,117,110 $491,390 $1,625,720 $9,294,054 $176,425.84 ;11 $2,117,110 $418,233 $1,698,877 $7,595,187 $176,425.84 112 $2,117,110 $341,783 $1,775,327 $5,819,860 $176,425.54 113 $2,117,110 $261,894 $1,855,216 $3,954,544 $176,425.84 14 $2,117,110 $178,409 $1,938,701 $2,025,943 $176,425.84 15 $2,117,110 $91,167 $2,025,943 ($0) $176,425.84 16 $0 $0 $0 $0 $0.00 17 $0 $0 $0 ~$0 $0.00 18 $0 $0 $0 $0 $0.00 19 $o $o i$o $o $o.oo 20 $0 $0 I$0 $0 $0.00 21 $0 $0 $0 $0 $0.00 22 $0 $0 $0 $0 $0.00 23 $0 $0 $0 $0 $0.00 24 $0 I$0 $0 $0 $0.00 25 $0 $0 $0 $0 $0.00 26 rs0 $0 $0 $0 $0.00 ' 27 $0 $0 $0$0 $0.00 28 i$0 $0 $0 $0 $0.00 29 $0 $0 $0 $0 $0.00 30$0 m$o $o $o $o.oo $3$01,756,652 $0 $0 $0 $0.00 TOTAL $9,019,851 $22,736,801 , ATTACHMENT "E" Page 1 MotO&MSpace O&M Cost Estimate and Current Building Space Allocation - Motorola Building t I I O&M Cost Estimate Annual Space Allocation in Building (Current) I Alarm Maintenance $ 8,500 Item Area Net Area Cleaning Service $ 35,000 Sq. Ft. Sq. Ft Elevator Maintenance $ 7,500 First Floor Ofl 75,354 66,312 HVAC Maintenance $ 25,000 Second Floor 101,029 88,906 Insurance I $ 80,000 First Floor Fo, 19,776 17,403 Landscape Maintenance $ 75,000 Common Are. 5,084 4,474 Maintenance Supplies $ 40,000 Totals 201,243 177,094 Facilities Staff- On- Site $ 70,000 Repairs and Maintenance $ 75,000 Trash Removal/Recycling $ 14,000 Utilities I $ 80,000 ~,nnual Equip Replacement $ 60,000 Total I $ 570,000 ATTACHMENT "F" Page 1 RECEIVED , AU6 2 2 2003 CIl MANAGER'S OFFICE_ August 20, 2003 Via US Mail · ~:_. "".'Mr:~.-Bre~. ner, ~i..ty. Manager C/°"~t3~· 0f B~,rit°n B~¢h 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Town H~ll Dear Mr. Bressner, Thank you for the opportunity to submit a proposal to the City of Boynton Beach for the relocation of Town Hall into the former Motorola building. I have evaluated the information we discussed and respectfully submit the following proposal for the City's consideration: 1. Compson will agree to sell approximately 180,000 net square feet of office space to the City of Boynton Beach at our cost basis of Nine Million Three Hundred Thousand Dollars ($9,300,000.00). This amount represents the minimum release price for this parcel with our lender which is based upon the cost of the property. This proposed sales price czdculates to approximately $46.50 per square foot which is less that fifty (50%) percent of the replacement cost of the building. Furthermore, we are willing to pay up to forty (40%) of the cost of the 800 car garage facility resulting in an additional cost savings to, the City of approximately Three Million Three Hundred Thousand Dollars ($3,300,000.00). This cost sharing plan for construction of the garage facility is based upon the concept that our proposed mixed use project will have the right to use or "share" this parking with the City after normal business hours. Accordingly, each party will have use of the parking facility during their peak usage period; the City during the day, and the restaurants and retail uses after 5:00 PM. In addition, we will be pleased to bid any modifications to the building that the City may require on an "open book" basis to assure the best price possible for the City. ATTACHMENT "G" MULTI-RESIDENTIAL, RETAIL, AND OFFICE PROPERTIES FLORIDA OFFICE: BOCA RATON WASHINGTON OFFICE: NEWYORK OFFICE: 980 NORTH FEDERAL HIGHWAY, SUITE 200 1320 OLD CHAIN BRIDGE ROAD, SUITE 400 3255 BRIGHTON HENRIETrATOWNLINE ROAD BOCA RATON, FLORIDA 33432 McLEAN,VIRGINIA 22101 ROCHESTER, NEWYORK 14623 561.391.6570 FAX 561.391 ·2423 703.847.0700 FAX 703.893.5763 716.272.0040 FAX 716.272.4689 2. Based upon the existing trips "vested" with the existing Motorola DRI and subject to approval by the City Commission, the proposed mixed use redevelopment of the Motorola property will result in an estimated increase in assessed value in excess of Three Hundred Million Dollars ($300,000,000.00). Accordingly, the annual tax revenue from the redevelopment of this property will be more than sufficient to pay for the cost of relocation of the Town Hall facility. Therefore, I would like to propose three (3) alternatives for the acquisition of the Motorola building for your consideration: Option A- The proposed bond issue's monthly expense is based upon a six (6%) percent yield over fifteen (15) years. By increasing the length of time for repayment of the bond issue to twenty (20) years instead of the fifteen (15) years projected, the City can reduce its monthly carrying cost to well within your projected budget of approximately One Hundred Fi/ty Thousand Dollars ($150,000.00) per month. Option B- Alternatively, Compson would be willing to bifurcate the property into two (2) segments, (1) a price for the renovation, modification and separation of the building of approximately Eleven Million Five Hundred Thousand Dollars ($11,500,000.00) and (2) a sales price for the property and existing building at Nine Million Three Hundred Thousand Dollars ($9,300,000.00). The City could proceed with a six (6%) percent bond issue on the Eleven Million Five Hundred Thousand Dollars ($11,500,000.00) and Compson would agree to take back a note as security for an installment sale on the existing building and property at Nine Million Three Hundred Thousand Dollars ($9,300,000.00) over eighteen (18) years at five (5%) percent annually. By combining these two (2) segments the entire debt would be retired at approximately One Hundred Fifty Thousand Dollars ($150,000.00) per month over an eighteen (18) year period. Option C- As we discussed, there is considerable value in the City's existing Town Hall property based upon the redevelopment that is occurring in Boynton's downtown area. Should the City wish to retire any portion of the debt earlier than set forth in Option A or B above, the existing Town Hall property could be marketed and sold with the proceeds used to pay down the debt on the proposed Town Hall facility. As discussed, the City might also consider spending a portion of those proceeds on incorporating a satellite Town Hall location at the old Town Hall site for residents living east, similar to the facility you currently have in the Boynton Beach Mall, to mitigate any inconvenience to the public due to the relocation of the main facility further west. This pay down option from the sale of the existing Town Hall facility could be used in either Option A or Option B above to reduce the amount of the note, retire the debt earlier, and/or reduce the monthly carrying cost of the new Town Hall facility. we have proposed the sale of the Motorola building at our lender's release price and have agreed to pay for forty (40%) percent of the parking facility because we believe that the relocation of the Town Hall would be a great asset for our proposed mixed use project. Many successful lifestyle mixed use projects have a governmental center as their "anchor". However, I also believe the existing Motorola building is a unique opportunity for the City to acquire a new Town Hall at less than fifty (50%) percent of its replacement cost. Your existing facility is extremely overcrowded, inadequate in design, and difficult to manage because many of your departments are scattered throughout the City. The new Town Hall facility would allow you to consolidate your departments into one central location which would result in greater benefits to not only the employees that work together daily, but for the residents of Boynton Beach who are being served. Should the City elect not to proceed with relocation of the Town Hall, our alternative plan is to raze the building and incorporate the area currently used by the Motorola building into the new mixed use project we envision for this property. However, we believe that would be a loss for everyone concerned. While the Motorola complex is certainly not a historic building, it has long been associated with Boynton Beach. It would seem fitting for the City to take over this facility and redevelop it into the proud facility it once was for Motorola. Thank you for your time and consideration is this matter. We look forward to working with the City to hopefully find a mutually acceptable solution. Should you have any questions or comments, I will be pleased to meet with you at your convenience. This letter is not intended as a binding offer of sale which can only be accomplished by a mutually acceptable Contract for Sale being executed between the parties. Sincerely, / /t~lanaging Member JC/crd jlij Sunday, August 17 Low-key developer has high-profile Boynton plan By Paul Owers, Palm Beach Post Staff Writer Sunday, August 17, 2003 BOCA RATON -- In his spare time, Jim Comparato either goes fishing with his father or plays golf with his wife. "I'm an Army golfer," Comparato quips. 'I hit it right, let1, right, let~.M Fortunately, the president of Compson Associates is a much better real estate developer. His Boca Raton-based company has built $1 billion worth of offices, condominiums and shopping centers along the U.S. Eastern Seaboard during the past 57 years. Compson Assodates is a family-owned, fourth-generation developer, but you don't hear much about it. Comparato, 56, said there's a reason for that. "I prefer to stay low-profile," he said. "It's a personal choice. It just works better for me." But Comparato concedes that there was no place to hide after word leaked out last month that his company was making a play for three prime parcels along Congress Avenue in Boynton Beach. If Compson buys all the land, it will control roughly 200 acres in one of the region's most coveted residential and retail corridors. Comparato envisions a mix of shops, restaurants, offices, townhouses and condominiums in an urban-style project whose value easily could reach $1 billion - matching all of Compson's combined development to date. "It's exciting," Comparato said recently from a conference room inside his plush Boca Raton offices. "It would really change the face of that area." He said he expects to sell portions of the property to other builders, much the way Sarasota-based Taylor Woodrow Communities did with the 2,300-acre Mirasol project in Palm Beach Gardens. "I believe that gives you a diversity of product," said Comparato, adding that the company has enough muscle to coordinate the undertaking without bringing in a joint venture partner. 1 ATTACHMENT "H" Many local real estate observers say they've never heard of the Iow-key Compson Associates, and they agree the proposed mixed-use projects would be a huge endeavor for even the most seasoned developers. But no one is dismissing the project as a pipe dream, either. "I think this is very courageous, and they're showing great vision," said Brian Waxman, a West Palm Beach broker. "I think something like that could work long term." Already, Compson paid $12.5 million for 28 acres just south of the sprawling Motorola Corp. campus, and plans to put condominiums and shops on the land. The Boynton Beach City Commission approved the so-called Renaissance Commons project July 15. A sales center opens in the Motorola building Oct. 1, and construction is expected to begin by January. The project is scheduled to be ready in early 2005. Compson also has signed contracts to buy the 58-acre Motorola site and the 106-acre Winchester property -- the latter a vast cow pasture across from the busy Boynton Beach Mall. Approvals for the Motorola site could take six to nine months, Comparato said. If Compson agrees to buy that parcel for an undisclosed sum, it would put up townhouses, shops, offices and a restaurant park there. Beyond that, who knows? Comparato isn't even sure it's feasible to develop the Winchester property, but he wants to take the time to find out. The Winchester land could support a mixed-use project on par with CityPlace in West Palm Beach or Boca Raton's Mimer Park, but Comparato declines to speculate any further. "I believe it will probably take us anywhere from four to six months to approve a plan we feel comfortable discussing," Comparato said. "We're not going to see anything occur on that site for at least two years. But if Compson goes ahead with all three projects, Waxman, the real estate broker, questions whether Boynton Beach could support such a huge development because demand for mixed-use projects appears to be waning. "I think some part of the mixed use would suffer," Waxman said. *I think we're seeing that at CityPlace right now. I'm not a big fan of'Build it, and they will come.'" Others disagree. "By the time they get it built, there will be a demand for it,' said Rob Jacoby, chief operating officer for Menin Development Cos. in Jupiter, which is building a lifestyle and entertainment-center in Palm Beach Gardens. "Boynton Beach is staggering in its growth," Jacoby said. "You've got a lot.., happening all around there." The area already has a number of big-name national department store and "big box" retailers, such as Macy's, Sears, Old Navy and Barnes & Noble. For that reason, Comparato said, he wants to stay away from national chains on the first two parcels, and go after mostly local and regional boutique shops that won't compete with existing retail. Any national chains would come later on the Winchester piece, he said. Comparato, a Rochester, N.Y., native, majored in finance and business management at the University of Dayton in Ohio. He later returned to New York to begin his real estate career with the company his grandfather started in 1946. It originally was known as Comparato & Son Builders, but Jim Comparato's father, Anthony, changed it to Compson Associates in the early 1960s. The company has built dozens of condominiums, shopping centers and offices in New York, and in and near Washington. After a stint in northern Virginia, Comparato moved to Boca Raton in the early 1990s and opened an office. Anthony Comparato remains involved in the business, along with one of Jim Comparato's two daughters and both sons-in-law. Compson has built more than a dozen projects in South Florida -- including The Excelsior Condominium, Oaks Plaza Shops and the Palm Beach Harbor Club condominium, all in Boca Raton. And on the Treasure Coast, it has built the Marketplace Square shopping center and the Ballantrae Golf& Yacht Club, both in Stuart. Last year, a legal dispute arose between Compson and the residents of the Villa Del Mar condominium in Boca Raton. The developer wanted to raze the building on South Ocean Boulevard and put up luxury condominiums in its place. But a deal to sell the Villa Del Mar building to Compson for $20 million never happened, and both he and the condo association traded lawsuits. In a Dec. 4 letter, the residents contend, Jim Comparato wrote that he would not close on the property. The letter cited a number of factors, including slow sales in the luxury market as well as the economic climate in South Florida and the threat of more terrorist attacks, according to the residents' lawsuit. Settlement talks are under way, but some Villa Del Mar residents doubt that he'll go through with the Boynton project. "I don't think he has the money," said one resident who requested anonymity. Comparato chuckles at the thought. "I had the wherewithal to close on (Villa Del Mar), and I have the wherewithal to close on this project," he said. "It's not a problem. It'll all be inconsequential once the settlement is reached." Anthony Comparato founded Ist United Bank in Boca Raton in the mid-1980s, building it into a $1 billion institution with 39 branches. He sold it to Wachovia Corp. in 1997 for $239 million. "Development has always been our mainstay," Jim Comparato said. Peter Reed, a broker with Grubb & Ellis in Boca Raton, said while the sheer size of the Boynton deal makes it risky, it's worth pursuing, given the city's potential. "I wouldn't call them total pioneers because some of the groundwork has already been laid," Reed said. "ffthey take some time, the area will definitely catch up to them." Bob Sullivan, a West Palm Beach real estate broker who has worked on deals with Compson, said doubters shouldn't be fooled by the company's low profile. "They're not on most people's radar screens, but they have a very long history of projects in the Northeast, and they've got a great track record," Sullivan said. "They obviously have the ability to get a project of that magnitude done." paul_owers@pbpost, com 4 . XI. - NEW BUSZNESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtVl Requested City Corramssioo Date Final Form Must bc Turned Requested City Corra~ssion Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates iI~ ~9 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) J~ September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlernems [] UnC-nmahed Business RECOMMENDATION: Review of off-premise business sign for c~ wash at Gateway and Federal. EXPLANATION: The owner of the Texaco station at Gateway and Federal wishes to consl~uct a car wash on property he owns. The gu 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 gu station, who is also owner of the business enterprise proposed to operate the car wash has requested that the City Coua,~ssion authorize the installation of the words "Car Wash" onto the existin~ 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-pre, raises sign, which is currently prohibited in Boynton Beach A copy of a recent letter fxom the City Attorney to the owner is attached- PROGRAM IMPACT: Approval of an off-premise sign would require an arnen~t to the City's code. This will require very careful review to make sm'e that nninlogaded consequences do not arise with allo .wing off-premise signs. FISCAL IMPACT: None ALTERNATIVES: Allow City Manager and City Attorney to develop alternative method to deal w~th the issue that would not involve a possfole precedent setting sign.~ ~~ Deparl~gnt Head's Signature ' ~ity Manager's Signature Dq~artment Nar~ I City Attomeyt{~inance / Human Resources · . S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC July 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 inquiry regarding whether you can add additional signage on the existing sign pole below the area now identified as "Texaco" to provide identification for the wash operation that operates 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 carwash is off.site operation. The City Code prohibits offpremises signagn. It is the determination of the City's Planning and Zoning Director that the gas station, being a non-conforming use, cannot be combined with the adjacent car wash for the purpose of creating an on-site qualification 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:~ocuments and SemnEsVa'essaerk'd..=¢~ Settm~s\TemP°rmT Interact Files~O~ Itt 072203.do¢ A3IERICA 'S GA TEWA t' TO THE G UI_~STRF-,A3I ~CO LOGO AND LEi"IT=RING - "I ~'~ _ -- ..ri IA/~, ~ .g.g--- "Food ~ IDENTIFICATION - 4~'~, 20.76' Car ~ .. EXISllHG GRADE EXISTING $1GNAGE WI PROPOS~__n ADDITION GATEWAY TEXACO 2360 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 3.3435 XZX. - LEGAL CITY OF BOYNTON BEA frEt4 AGENDA ITEM REQUEST I Requested Ci~ Commission Date Final Form Must be Turned Requested Ci~ Commission Date Final Form Must be Turned Mcetin~ Dat~ in to Ciw Clerk's Office Me~tina Dates in Iq Ciw Clcrk's Offic~ [] 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) [] 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: Motion to approve an Ordinance deleting Sec. 2-15 Travel Reimbursement ~om the Code of Ordinances, in its entirety, ~nd approving an Ordinance trnnsferring the section to the Personnel Policy Mantml. EXPLANATION: Staffh~ determined that this Section should more properly be addressed ~s policy and is recommending that it ~ stricken ~om the Code of Ordinances and trnnsferred, in its entirety, to the Personnel Policy Manual. This is accomplished by the First Ordinance deleting the Section ~om the Code of Ordinances, and the Second Ordinance, which transfers the policy into the Personnel Policy Manunl. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave the travel reimbursement procedure/policy in the ~~ Department Head's Signature ~ ~ty Manager's Signature Deparlment Name '- ,/ City Attorn~ / Fin~ance / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 03- q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER ITl COMPENSATION. OF THE PERSONNEL POLICY MANUAL BY CREATING A NEW SUBSECTION 09. ENTITLED "TRAVEL REIMBURSEMENT"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted Chapter 2003-125, Laws of Florida to :larify that municipalities have Home Rule authority to enact per diem and travel allowances; and WHEREAS, the City administration has recommended transfer of the City's regulations and procedures regarding travel and expense reimbursement for City employees fi.om the Code of Ordinances of the City of Boynton Beach to the Personnel Policy Manual; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF tHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the Personnel Policy Manual (PPM) Chapter III is hereby amended by creating a new subsection in Chapter III. Compensation entitled "09. Travel Reimbursement", providing for per diem and travel expense policies and schedules, as follows: Chapter IH. Compensation 09. Travel Reimbursement - Per Diem and travel expense schedule. A Definitions. The following words shall have the meaning indicated: (1) Officer or public officer: A~nember of the City Commission. (2) Employee: An individual on the c itw payroll whether commissioned or not, other than an officer, who is filling a regular or full time authorized position and is responsible to the ci _ty. S:\CA\Ordinances~Administrafive\PPM Amendments - Travel Reimbursement.doc (3) ' Authorized person: a. A person other than a public officer or employee as defined herein~ whether elected or commissioned or not, who is authorized by the city to incur travel expenses in the performance of his official duties. b. A person who is called upon by the city to contribute time and services as consultant or advisor. c. A person who is a candidate for an executive or professional position with the city. (4) Traveler: A public officer, public employee, or authorized person, when travel. (5) Travel expense, traveling expenses, necessary expenses while traveling, actual while traveling, convention or conference registration, or words of similar nature: necessarily incurred by a traveler. {6) Common carder: Train, bus, commercial airline operating scheduled flights, or 5rm. (7) Travel day: A period of twenty-four {24) hours consisting of four (4) quarters of each. (8) Travel period: A period of time between the time of departure and time of (9) Class A travel: Continuous travel of twenty-four (24) hours or more away from (10) Class B travel: Continuous travel of less than twenty-four (24) hours which overnight absence from official headquarters. (11) Class C travel: Travel for short or day trips where the traveler is not away from headquarters overnight: for Public Officials dic Official shall receive, in li~u of reimbursements, a monthly expense allocation to travel and expense expenditures. The amount of expense allocation shall bc ' resolution of the City Commission. Reimbursement for Employees and Authorized Persons All travel by an employee or authorized person must be authorized and ,f travel. Such requests should not be authorized unless it is accompanied, prior to the time of travel, by a signed ;:\CA\Ordinancesga, dministrative\PPM Amendments - Travel Reimbursement.doc statement by the traveler's supervisor stating that such travel is on the official business of the gity and also stating the purpose of such travel. (2) Traveling expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed for the city and must be within the limitations prescribed by this section. (3) Travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisors, may be authorized by the ci _ty. Complete explanation and justification must be shown on the travel :xpense voucher or attached thereto. (4) Traveling expenses of public employees for the sole purpose of taking merit ~ystem or job placement examinations, written or oral, shall not be allowed under any :ircumstances, except that upon prior written approval of the city manager, candidates for ~xecutive or professional positions with the city may be allowed traveling expenses as authorized by the city manager and available in the budget. D. O~cial headquarters. The official headquarters of an officer or employee assigned to m office shall be the City of Boynton Beach. E. Computation of travel time for reimbursement. For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: (1) The travel for Class A travel shall be a calendar day (midnight to midnight). the travel day for Class B travel shall begin at the same time as the travel period. For Class B md Class C travel, the traveler shall be reimbursed one-fourth of the authorized rate of per :liem for each quarter, or fraction thereof, of the travel day included within his travel period. ~'lass A and Class B travel shall include any assignment on official business outside of regular office hours and away from regular places of employment when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. (2) A traveler shall not be reimbursed on a per diem basis for Class C travel, but ~hall receive subsistence as provided in this section, which allowance for meals shall be based on the following schedule: a. Breakfast, when travel l~.m,'ns before 6:00 a.m. and extends beyond 8:00 a.m. b. Lunch, when travel beans before 11:30 a.m. and extends beyond 2:00 p.m. c. Dinner, when travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals when travel is confined to the city or town of the official headquarters for immediate vicinity; except assignments of official business outside of the traveler's regular place of employment if travel expenses are approved. S:\CA\Ordinances~dministrative\PPM Amendments - Travel Reimbursement.doc For purposes of reimbursement rates and diem and subsistence allowances are divided into the following (1) All travelers may be allowed for subsistence when traveling to a convention, when traveling outside the state in order-to conduct bona which convention, conference, or business serves a direct and lawful with relation to the city, in either of the following: a. Up to fifty dollars ($50.00) per diem for travel in tqorida. b. Up to the mounts permitted in param'al~h (4) below of this subsection for. meals, plus acma! expenses for lod~ng at a single occupancy rate to be substantiated by paid bills therefor. (2) All other travelers may be allowed same as subsection (1) hereof. (3) When lod~ng or meals are provided at a state institution, the traveler shall be - to exceed the maximins, (4) Meals only. All travelers may be allowed an amount for meals, while on a. Breakfast, eight dollars ($8.00). b. Lunch, twelve dollars ($12.001. c. Dinner, twenty dollars ($20.00). d. Total for twenty-four hour period, forty dollars ($40.00)._ e. Additional amounts where special circumstances are appropriate as approved by Transportation. (1) All travel must be by a usually traveled route. In case a person travels by an convenience any extra costs shall be borne by the traveler and would have been incurred travel for each [rip shall bc a. The nature of the business. b. The most efficient anit economical means of travel (considering time of the c. The number of persons making the trip, and the amount of equipment or 2) Transportation by common carder when traveling on official business and paid In the event most economical class approved is provided by a common shall be ;:\CA\Ordinances~Administrafive~PPM Amendments - Travel Reimbursement.doc a. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the city if a publicly owned vehicle, the a'aveler shall be entitled to a mileage allowance at a rate based upon the current allowable rate of the United States Internal Revenue Service. As the mileage rate allowed by the Internal Revenue Service is subiect to change, the ci_ty manager may conduct an annual :eview of th~ mileage rate. The mileage allowance shall be at a rate not to exceed twenty-nine :ents ($0.29) per mile or the common carrier fare for such travel, to be determined by the city manager. Reimbursement for expenditures related to the operation, maintenance, and ~wnership of a vehicle shall not be allowed when privately owned vehicles are used on public ~usiness and reimbursement is made pursuant to this paragraph, except as provided for flsewhere in this subsection. b. All mileage shall be shown from point of origin to point of destination and when possible shall be computed on the basis of the current map of the State of Florida Department ~f Transportation. Vicinity mileage necessary for the conduct of official business is allowable, but must be shown as a separate item on the expense voucher. (4) Transportation by chartered vehicles when traveling on official business may be mthorized by the city manager when necessary or where it is to the advantage of the city, ~rovided the cost of such transportation does not exceed the cost of transportation by ~rivately owned vehicle pursuant to paragraph (3) of this subsection. (5) The city may grant monthly allowances in fixed amounts for use of privately )wned automobiles on official business in lieu of the mileage rate provided for in paragraph (3) of this subsection. Allowances granted pursuant to this paragraph shall be reasonable and budgeted, taking into account the customary use of the automobile, the roads customaril¥ traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the city or other public funds. Such allowance may be changed at any time. (6) No traveler shall be allowed either mileage or transportation expense when he is gratuitously tran.qported by another person or when he is transported by another traveler who is entitled to mileage or tran~ortation expense. However, a traveler on a private aircraft shall be reimburaed the ac_.ttm____! amount charged and paid for his fare for such transportation up to he cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. ~' H. Other expenses. The following incidental traveling expenses of the traveler may be reimbursed: (1) Taxi fare. (2) Ferry fares; and bridge, road and tunnel tolls. (3) Storage or parking fees. ;:\CA\OrdinancesLa~dministrative\PPM Amendments - Travel Reimbursement.doc (4) Communication expense: (5) Convention registration fee while attending a convention or conference which fo, thu (6) Advancements. Notwithstanding any of the foregoing restrictions and OVer of (7) Payment directly to vendor and lodgin~. When approved by the city manager, with this (~8) All claims for reimbursement shall be on a form authorized by the City which I v eri t hat t he e x enses 1 isted above were incurred b me as necess travel ex enses in the erformance of official Ci business and that m re uest for reimbursement is true and correct as to eve material matter Section 2. 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 such decision shall not affect the remainder of this ordinance. Section 3. All ordinanqes or pans of Ordinances, Resolutions or pans of flutions in conflict herewith be:had the same are hereby repealed to the extent of such Section 4. Authority is hereby granted to codify said ordinance. Section 5. This Ordinance shall become effective when the following has occurred: (a) Immediately upon passage for all employees not covered by a collective bargaining unit; and S:\CA\Ordinances~,dministratJve\PPM Amendments - Travel Reimbursement.doc (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 READING this ~ day of ~Cq/~_~o~ ~ ~, 2003 ! SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner S:\CA\Ordinances~Administ~ative\PPM Amendments - Travel Reimbursement.doc ' XII. - LEGAL ITEM A.2 CITY OF BOYNTON BE, AGENDA ITEM REQUEST Requested City. Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned M~tin~ Dat~ iQ to CRv Clerk's Office M;etin~ Dat~ tr~ to Ciw Cl~rk'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) [] 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: Motion to approve an Ordinance deleting Sec. 2-i 5 Travel Reimbursement fTom the Code of Ordinances, in its entirety, and approving an Ordinance transferring the section to the Persormel Policy Manual. EXPLANATION: Staffhas determined that this Section should more properly be addressed as policy and is recommending that it be stricken fi.om the Code of Ordinances and u'ansferred, in its entirety, to the Personnel Policy Manual. This is accomplished by the First Ordinance deleting the Section fi.om the Code of Ordinances, and the Second Ordinance, which transfers the policy into the Personnel Policy Manual. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave the travel reimbursement procedure/policy in the City Code. Department Head's Signature City Manager's Signature City Attorney ~' '~ ';~ ~ (~''~ '~,f ~ Department Name -_ ./ City Attorne0 / Finance / Human Resources S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE O3- ~C' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER H ADMINISTRATION, BY DELETING SECTION 2-15. PER DIEM AND TRAVEL EXPENSE SCHEDULE. IN ITS ENTIF~ETY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WItEREAS, upon recommendation of staff, the City Commission has determined ~hat per diem and travel expense matters are issues more correctly addressed in the Personnel Policy Manual, rather than the Code of Ordinances; and WHEREAS, the City Commission deems it appropriate to delete this section from the Code of Ordinances and insert the language into the Personnel Policy Manual by separate Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter II, Section 2-15 of the Code of Ordinances of the City of Boynton Beach, Florida is hereby deleted in its entirety. Section 2. Should any section or provision of this ordinance or portion hereof, any 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 3. All ordinances or parts of ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This Ordinanqe~. shall become effective immediately upon passage. FIRST READING this ~ day of ,~..O~n[a~.r ,2003 S:\CA\Ordinancesg~,dm~nistrative\Delete Travel Reimbursement Policy - Sec 2-15.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ,:\CA\Ordinances~,dministrative\Delete Travel Reimbursement Policy - Sec 2-15.doc XlI.- LEGAL Ti'EM B.Z CITY OF BOYNTON BEA' AGENDA ITEM REQUEST F'u X Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates 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) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ! AGENDA ITEM [] City Manager's Report [] Presentation co :'2-<, [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business .r'-,. RECOMMENDATION: Please maintain this request on the September 16, 2003 City Commission Agenda under:= Legal, Ordinance - First Reading. The City Commission tabled the First Reading on September 2, 2003 pending a report from staff on the number of unpermitted and non-conforming docks. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-03-144. EXPLANATION: PROJECT: Docks Extending into Waterway AGENT: City Initiated DESCRIPTION: Request to amend Chapter 2, Zoning, Section 4.J limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A Develot:~nt'Del~}rtment D~rec~or Crty Manager's S'iguature Planning and Zoning D~ector City Attorney / Finance / Human Resources S :Wlanning\S HARED\WP~SPECPROJ\CODE REVIEWX, DocksLAgenda Item Request Docks amend to code 9-16-03.dot S:~BULLETINLgORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- ~) ~ ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOILIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2, ENTITLED "ZONING," SECTION 4.J, "OTHER. STRUCTURES," PROVIDING THAT DOCKS MAY NOT EXTEND FURTHER INTO THE WATERWAY THAN 25% THE WIDTH OF THE WATERWAY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the federal rules and regulations limit the construction of docks, pilings, other structures in navigable waterways to no further than 25% the width of the and WHEREAS, the City Commission of the City of Boynton B~ach has determined that to the increase of boat traffic, larger vessels, and more vessels utilizing the waterways in City, it is necessary to reduce how far into the waterway a dock, mooring pile, seawall or structure may extend from 33% the width of the waterway to 25% the width of the which is consistent with federal rules and regulations and with Section 104.1.1 of Boynton Beach Amendments to the 2001 Florida Building Code; and WHEREAS, at its meeting of August 26, 2003, the City of Boynton Beach Planning Development Board recommended that the City Commission amend Chapter 2, Section 15 of the Land Development 'Regulations o£ the City of Boynton Beach to provide that mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities not extend more than 25% into the waterway; and WHEREAS, the City Commission of the City of Boynton Beach concurs with the findings of the Planning and Development Board and finds that amending Chapter 2, Section · 15 of the Land Development Regulations is in the best interests of health, safety, and S :\CA~Ordinances~LDR ChangeS~OCkS Ordinance Final 071003 .doc Rcv. 07-10-03 ! ~fare of the citizens and residents of the City of Boynton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified by the City Commission. Section 2.. That Chapter 2, entitled "Zoning," Section 4, entitled "General · ' Subsection J, entitled "Other Structures," is hereby amended by adding the words figures in underlined type and by deleting the words and figures in struck-through type, follows: Section 4. General provisions. J. OTHER STRUCTURES. 15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the owner of the dock shall require prior approval at time of permitting from the owner of lhe walkway. In addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities related thereto, shall not extend further into the waterway than 443 1/4 of the width of the waterway fo_rr private or commercial docking and mooring facilities· Section 3. Each and every other provision of the Land Development Regulations 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 :\CA\OrdinancesXLDR ChansesXDocks Ordinance Final 071003.doc )7-10-03 2 :onflict with'any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion 'be declared by a court of competent jurisdiction to be invalid, such decision shall not Lffect 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. SECOND, FINAL READING AND PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk ;:\CA\Ordinances\LDR Changes'~cks Ordinance Final 071003.doc 1.10-03 3 DEPARTMENT OF DEVELOPMENT' BUILDING DMSION MEMORANDUM NO. 03-144 TO: Quintus Greene, Director of Developm_ ent FROM: Don Johnson, Building Official DATE: July 7, 2003 SUBJECT: CITY MANAGER'S REQUEST FOR STAFF ANALYSIS OF IMPACT OF PROPOSED CHANGES TO ORDINANCE CONCERNING DOCKS Pursuant to the City Manager's request, I have consulted with Permitting staff and the City Attorney's office to discuss revising Chapter 2, Section 4..1.15 of the Land Development Regulation to limit encroachment by docks into City waterways. Currently Section 4.J.15 allows docks to project into a waterway up to one-third of the navigable width of the waterway. To remain consistent with the Army Corp. of Engineers, the Department of Environmental Protection, South Florida Water Management District, and the Lake Worth Drainage District, we are proposing to change the encroachments of the current ordinance from one-third of the waterway to one-fourth of the width of the waterway. The philosophy behind the proposed change is to remain consistent with the other regulatory bodies. The second reason for the change-is to ensure that two neighbors on opposite sides of the waterway would each encroach only twenty-five percent of the waterway, leaving fifty percent of the total waterway open for navigable purposes. We have analyzed the affect that the proposed change to this ordinance will have on the citizens of Boynton Beach and offer the following: 1. Legal Non-Conforming Docks/Marine Facilities - These will be docks/marine facilities that were previously permitted to be up to a maximum of thirty-three percent of the canal width. These docks/marine facilities would be able to remain and be maintained as legally permitted. Legal Non-Conforming docks/marine facilities would not be able to be increased in size that would add to the non-conformity. The existing docks/marine facilities could be added to only in compliance with the new ordinance requirement of twenty-five percent maximum encroachment into the width of the canal. Approval from any other regulatory authority would be necessary prior to application for permit to the City Of Boynton Beach. These new docks/marine facilities would have to meet all applicable building codes. Memo to Quint~ Gre~ Suly 7, 2003 RE: CITY MANAGER'S REQUEST FOR STAFF ANALYSIS OF IMPACT OF 'PROPOSED CHANGES TO ORDINANCE CONCERNING DOCKS Page 2 of 2 Pages 2. New Permitted Docks/Marine Facilities - Upon approval of the changes to the proposed ordinance, these docks/marine facilities would not be allowed to encroach more than twenty-five percent maximum into the canal as per the proposed ordinance. These new docks/marine facilities would have to receive approval fi.om any other regulatory authority prior to application for pen'nit to the City Of Boynton Beach and must meet all applicable building codes. 3. Unpermitted Docks/Marine Facilities - These are docks/marine facilities that have been installed without benefit of permits and would be in violation of Section 104.1.1 of the Boynton Beach Amendments to the 2001 Florida Building Code. These docks/marine facilities would have to meet all current permitting requirements for docks/marine facihties. These docks/marine facilities would be required to meet the maximum encroachment of twenty-five percent of the waterway. If the docks/marine facilities' encroachment exceeds the maximum twenty-five percent of the canal width, it would be necessary to remove any portion that encroaches over the maximum twenty-five percent limit. Approval of any other regulatory authority prior to application for permit City Of Boynton Beach would be necessary and the unpermitted dOck/marine facility would have to meet all applicable building code requirements. The Permitting staff also conducted a random sampling of the ten most recent docks/ma~e facilities permits that we have issued. It was determined that all ten of these docks meet the twenty-five percent maximum encroachment oft he waterway. DJ:rs Attachment XC: Nancy Byme, Assistant Development Director Timothy Large, Building Code Administrator Mike Rumpf, Director ofPl~ning & Zoning Mike Pawelezyk, Assistant City Attorney SADeveloprnent~U1LDINGXMemos~Memos to Development Admin - 2003LStaff A~alysis of Impact of Proposed Ordinance Change Concerning Docks.doc DEPARTMENT OF DEVELOPMENT BUrLDrNG DMSION ' MEMORANDUM NO. 03-143 TO: Mike Pawelczyk, Assistant City Attorney FROM: Don Johnson, Building Officia~ DATE: July 7, 2003 'SUBJECT: PROPOSED ORDINANCE - DOCKS EXTENDING INTO WATERWAY You have asked us to supply any suggested changes to Section 4.$. 15 - OTHER STRUCTURES, of the above referenced ordinance. I would like to propose that the following wording be added in order to remain consistent with Section 104.1.1. of the Boynton Beach Amendments to the 2001 Florida Building Code - Marine Facilities: 15. Open terraces, including walk-ways, unenclosed decks and slabs, natm'al plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the owner of the dock shall require prior approval at time of permitting from the owner of the walkway. In addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities related thereto, shall not extend further into the waterway than ~ of the width of the waterway for private or commercial docking and mooring facilities. Thank you for your consideration. Dl:rs XC: Quintus Greene, Director of Development Nancy Byme, Assi~ant Development Director Timothy Large, Building Code Adrninistrator Mike Rumpf; Director of Planning & Zoning Rosemarie LaManna, Paralegal S:~.velopment~BUlLDlNG~Memos~4emos m City Attorney - 2003~roposed Ordinance - Docks Extending Into Waterway.doc XII. - LEGAL CITY OF BOYNTON BE3 ITEM B.2 AGENDA ITEM REQUEST ;. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci~ Clerk's Office Meeting Dates 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 (Noo¢~i~)-3,c~., [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating .~' [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the September 16, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved at the September 2, 2003 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-200. EXPLANATION: PROJECT: Boynton Commerce Center (ABAN 03-009) AGENT: Winston Lee OWNER: Nayrot Realty, Inc. LOCATION: Southwest comer of 1-95 and Woolbright Road DESCRIPTION: Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID, PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Devel~n~ Dep[m~ent Director C~ty Manager s Signature Planning and Zo~irector City Attorney / Finance / Human Resources SAPlanning\SHARED\WP~ROJECTSXBoynton Commerce CtrXBoynton Commerce Ctr, Lot 3BXABAN 03-009~genda Item Request Boynton Commerce. Ctr ABAN 03-009 I st reading9-16-03.dot 8:\BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF ~N EXISTING INGRESS/EGRESS AND UT~ITY EASEMENT LOCATED AT THE SW CORNER OF 1- 95 AND WOOLBRIGHT ROAD (NO. 03-009) 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 a portion of an existing ingress/egress utility easement, located on the north portion of Parcel 3B in the Boynton Commerce Center PID, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; 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 portion of an existing ingress/egress Utility easement, which lies on the north portion of Parcel 3B in the Boynton Commerce Center PID, subject to staff comments, and more particularly described as follows: A portion of an existing Ingress/Egress and Utility Easment, being a portion o fP a~cel 3 B, B OYNTON COMMERCE C ENTER according to the Plat thereof, as recorded in Plat Book 46, Pages 126 and 127, in the Public Records of 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. i:\CA\Ordinances~bandonments\Boynton Commerce Center A~d -PIE) - ingress-~gress easeme~t. Qoc FIRST READING this ~ day of ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~T: City Clerk SSCA\Ordinances~Abancionments~Boynton Commerce Center ADd -PlO - ingress-egress easemeflt.doc DISCLAIMER 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 an existing ingress/egress Utility easement, which lies on the north portion of Parcel 3B in the Boynton Commerce Center PIX), subject to staff comments, and more particularly described as follows: A portion of an existing Ingress/Egress and Utility Easement, being 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 September, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk 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 se~l 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 September, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: ,,,. S:\CA\Ordinances~bando~ments~,Boynton Commerce Center Ai0d .PlO -regress-egress easement.doc SKETCH AND · 'SCRIPTION BOYNTON COMMi"~CE CENTER I /,-,'... A T._D PCR,ION OF E,'!SEMENT TO BE x ^,'- £:,qS~qNC ,~C' ~NCRESS. I .... ~ ~ ~,~,. NOT TO SCALE 502555 &: UqLIT't .-.M / ......__--....~. '~, · j:~; ~,, 3.~. .'"3 ~ , ' .... ~ ,~. ,. . ~," ~ ~ ~ ~ , ., / ~ ~ ~ ,/f / ~ °-32'- ~ ./ I.," .¢E~SIONS ~ AVIROM~A8SOClATES. INC. JOB N0.4109-&0 SURVEYING ~MAPPtNG SCALE: NOT ~o 8.w. 2ND AVENUE. 8U~ ~O2 DA~: 05/05/05 BOCA RATON. ~ORIDA 33432 TEL (~81l 893-2~g4, FAX (881l 3~4-~2~ D'RA~ BY: C.L.P.~ ~3 ,~,o, ~ ,~,~s. ~,a ~ .~m ~. SHEET: ~ 0F: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-200 TO: Chairman and Members Planning and Development Boarci THRU' Michael W. Rumpf,,~k?---- Planning and Zoning Director FROM: Maxime Ducoste-Am6d~e ~',~ Planner DATE: August 18, 2003 SUBJECT: BOYNTON COMMERCE CENTER Lot 3B (ABAN 03-009). Abandonment of a portion of an existing Ingress / Egress and Utility Easement, Being 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 an existing Ingress / Egress Utility Easement, located on the north portion of Parcel 3B in the Boynton Commerce Center PID. This request was submitted on May 5, 2003. It is described as foiIows: A portion of an existing Ingress / Egress and Utility Easement, Being 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. 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 ,fight-of-way for Woolbright Road and developed commercial properties zoned C-3; South Parcel 3-C of Boynton Commerce Center, PID, industrial uses, zoned PID; 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 Ddve 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 Car:a[. BACKGROUND On June 2, 1998, the City approved the master plan for the Boynton Commerce Center PIanned Industrial District (P. I. D.). A 65-foot wide easement, which runs east to west, currently functions as a means of ingress / egress to the Parcel 3A (Lowe's) and the subject parcel (Parcel 3B). The south portion of this 65-foot wide easement is located on Parcel 3B and functions as a roadway swale and drainage retention. The applicant has the intention of vacating the southern portion of the existing 65-foot ingress/egress and utility easement, which represents approximately Page 2 Memorandum No. PZ 03-200 ABAN 03-009 ,,~rty (30) feet to facilitate the development of an industrial project (see Exhibit "C"- Boynton Commerce Center Lot 3B Site Plan). This reduction would not reduce the width of the actual driveway, but simply remove from the easement, in part, that portion to be occupied by parking areas for the subject project. Once this easement is vacated, this area will be used for parking area for the proposed site plan. A new six-foot (6) wide utility easement will be dedicated to Bellsouth for their underground conduit. 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 newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Approval with conditions (See Exhibit -"D") Public Works/Utilities - No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION Staff recommends that this request to abandon a portion of the existing ingress /egress utility 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 S:', Plannmg\SHARED\WP~PROJECTS~BoYn~on Commerce Ctr~ Boynton Commerce Ctr Lc~. 3B~ABAN 0~-O09~taff re~crt.dcc Location Map BOYNTON BEACH COMMERCE CENTER EXHIBIT "A" LOT 3 B SKETCH AND ~ 'SCRIPTION ]'-' BOYNTON COMMENCE CENTER I EXHIBIT "B" PC~'-ION OF ~ASEM£NT TO 8E VACATE9 ~ ,'8 '~ 7'0 ~,, N02'21'32"~ s~.s~' --7 /-,'~2~.oo' .~C' iNGRESS. I ~ __ ~ o~'U~ NOT TO SC~ PARCEL 3B (p.~. ~6. ~c. ~2~. ~ ,'' '~'~/~ p.~.C.R.) ~ T~ z · o ~ , o~ ~ 0 , t-/ .05' ~' / '% ' 7 I ~ ., I ~ ~/ '/ / ~ 2'/ / =~ .,, ,, ~ :~ ~ . . - . / , I S~5. , / I ~ .~' I I,/ /.~ '~O ~ ~ y~- --~iLOo~o J J SKETCH NOT VALID ~OUT SHEET 1,2 ~ 3 SURVEYING &MAPPING ~SCALE: NOT TO SCALE SO S.W. 2ND AVENUE, SU~ ~02 DA~: 05/05/0~ BOCA RATON, ~ORIDA ~3432 TEL (6el} 392-2e~4, FAX (~ell 3~4-~25 D'RA~ BY: C.L.P. ~=~ ~RON * ~AmS. INC. ~ m~m .[~. SHEET: ~ OF: 5 EXHIBIT "D" Conditions of Approval Project name: Boynton Commerce Center Lot 3B File number: ABAN 03-009 DEPARTMENTS INCLUDE R_EJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGEN~EERING DMSION Commenrs: 1. The approved site plan will tatum for minor modifications to adjust some X of the parking spaces, where feasible, to increase the backup space dimensions where abutting the access easement on the north side of the structure. 2. The applicant's engineer shall prepare a traffic-calming program targeted X to slowing down the inbound service trucks speed as they approach the auto parking spaces, which back into the ingress/e~ess easement. 3. Additionally, the applicant and developer shall commit to making sure all X existing utilities will be provided adequate easements. BUILDING DMSION Comments: None X PARKS AND RECREATION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None XI FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONENG Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None .ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:',Ptanning\SHArEO\WP~PROJECYS\Boynten Commerce Ctr~ Boynton Commerce Ctr Lot 3B~ABAN 03-009\COA.CJOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: B0ynton Commerce Center Lot 3B ABAN 03-009 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 16, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of an existing Ingress/Egress and Utility 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: 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: I. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applibant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:,~Planning~HARED\WP~PRO.IECTS\Boynt°n Commerce Ctr~Boynton Commerce Ctr, Lot 3BXA, BAN 03-009\DO.doc XlI. - LEGAL ITEM B.3 CITY OF BOYNTON BEAt AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimt Dates in to City Clerk's Office Meeting Dates 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) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation co [] Consent Agenda [] Public Hearing cz:: "<~--~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of enhanced background screening for city employees, private vendors, and repair and delivery persons consistent with 2002 Florida State legislation (166.442 [SB 954]). EXPLANATION: This legislation grants municipalities the authority to conduct fingerprinting and state and h'31~onal criminal history information as part of employment for employees assigned to positions which are critical to public safe~j~, as well as for private contractors, vendors, repair or delivery persons who have access to any public facility/publicly-operated facility that the governing body of the municipality finds is critical to security or public safety. This program provides that the FDLE User Services Bureau offers local governments access to state and national criminal history information for employee/vendor screening. In general, current background checks are limited to local information only. PROGRAM IMPACT: Enhanced employment and contractor background screening and improved citywide security. FISCAL IMPACT: The fee for each submission is $39.00 ($15.00 for state processing and $24.00 for national Processing). ALTERNATIVES: Continue with limited background screening process cu~ently in use. Departm~/t Head's Signature V C~M~inager's Signa-thre Department Name . f City Att~/'fl~/Finance / Human Resources S:\BULLETIN~FORMSX, AGENDA ITEM REQUEST FORM.DOC ORDINANCE 03- AN ORDINANCE O F THE CITY O F BOYNTON B EACH, FLORIDA, ENACTING A NEW SECTION 2-21, "EMPLOYMENT SCREENING", OF THE CITY'S CODE OF ORDINANCES TO PROVIDE FOR CRIMINAL HISTORY RECORD CHECKS, INCLUDING FINGERPRINTING, FOR CERTAIN MUNICIPAL EMPLOYEES, APPOINTEES, CONTRACTORS AND VENDORS PURSUANT TO SECTION 166.0442, FLORIDA STATUTES; FINDING CERTAIN POSITIONS OF MUNICIPAL EMPLOYMENT OR APPOINTMENT, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, TO BE CRITICAL TO SECURITY OR PUBLIC SAFETY WITHIN THE CITY; FINDING CERTAIN PUBLIC FACILITIES AND PUBLICLY OPERATED FACILITIES AS DESCRIBED IN EXHIBIT "B" ATTACHED HERETO TO BE CRITICAL TO SECURITY OR PUBLIC SAFETY WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE 'qNHEREAS, the State of Florida Legislature and Governor approved Chapter 2002- 169, Laws of Florida during the 2002 Legislative session which grants municipalities the to conduct fingerprinting as part of employment screening for those individuals a re seeking employment o r appointment t o a p osition which i s critical t o s ecurity o r ~lic safety; and WHEREAS, pursuant to Chapter 2002-169, Laws of Florida, Section 166.0442, ,rida Statutes, n ow provides for t he authority for a m unicipality t o require employment including fingerprinting, for any private contractor, employee of a private vendor, repair person, or delivery person who has access to any public facility or operated facility that the' governing body of the municipality finds is critical to ecurity or public safety; and 'vVHEREAS, the City Commission finds that certain positions of municipal ~loyment or appointment as described in Exhibit "A", attached hereto, are critical to or public safety, and should be subject to the background screening and authorized by Section 166.0442, Florida Statutes; and WHEREAS, the City Commission finds that certain public facilities and publicly facilities as described in Exhibit "B", attached hereto, are critical to security or mblic safety, and those vendors, contractors, repair person, and delivery persons who enter facilities should be subject to the background screening and fingerprinting authorized Section 166.0442, Florida Statutes; and WHEREAS, the City Commission for the City of Boynton Beach finds that the of this ordinance to provide for the type of employment screening, including fingerprinting, which is authorized by Section 166.0442, Florida Statutes, is in the best of the health, safety, and welfare of the residents and citizens of the City of Boynton NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance upon adoption hereof. Section 2. That Chapter 2, "Administration", o f t he C ode o f Ordinances o f t he of Boynton Beach, be, and the same is hereby amended by enacting a new Section 2-2 l, "Employment Screening", to read as follows: See. 2-21. Employment Sereenin~ (a) As a_uthorized by Section 166.0442, Florida Statutes, any individual who is currently being employed, is seeking employment, or is to be appointed to a position of municipal employment or appointment which the City finds is critical to security or public safety shall be subject to employment screening. The employment screening process shall require that each person applying for, or continuing employment in any such position, or having access to any such facility, be fingerprinted. The City shall submit the fingerprints to the Florida 2 Department of Law F~nforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained fi.om the criminal history record checks conducted pursuant to this section may be used to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. The fingerprinting and associated criminal history record checks shall be in addition to any other background screening which the City may lawfully undertake. (b) As authorized by Section 166.0442, Florida Statutes, any private contractor, any employee of a private contractor, vendor, repair person, or delivery_ person who has access to any public facility or publicly operated facility that the City Commission finds is critical to security or public safety shall be subject to employment screening as described in subsection A above. The employment screening process shall require t hat e ach person having access t o any such facility, b e fingerprinted. The costs of such employment screening pursuant to this section shall be borne by the contractor, vendor, repair person, or delivery person. (c) The positions of municipal employment and appointment, and the public facilities and publicly operated facilities that are critical to security or public safety are listed in City Ordinance 2003- , a copy of which may be obtained fi.om the City Clerk's office. Section 3. That the City Commission hereby finds that the following positions of ~loyment and appointment with the City are critical to security or public safety: SEE EXHIBIT "A" ATTACHED HERETO Section 4. That the City Commission hereby finds that the following public ilities and/or publicly operated facilities are critical to security or public safety: SEE EXHIBIT "B" ATTACHED HERETO Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby Section 6. Should any section or any provision of this Ordinance or portion any paragraph, sentence, or work be declared by a court of competent jurisdiction to invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at ?irst Reading this day of ,2003. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second, Final Reading and Passage this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (SEAL) DNT:dnt . \~GCDE FS~LIBRARYM990kg00152.BB\ORD~Background Screening Ord.doc 4 Exhibit A - September 2, 2003 Listing of positions of employment or appointment critical to security and public safety Administrative Assistant Commun. & Data Control Spec. Administrative Associate Communications Dispatcher Administrative Clerk Communications Specialist Administrative Secretary Communicaton Shift Supr. Animal Control Officer Community Service Officer Aquatics Manager Computer Support Spec., Sr. Aquatics Supervisor Computer Support Specialist Assistant Chief of Police Construction Coordinator Assistant City Manager Construction Inspector Assistant Director, Library Crew Leader Assistant Fire Marshall Crew Leader, Senior Assistant TV Specialist Crew Supervisor Assistant Director, Finance/Audit Mgr. Crew Supervisor, Senior Assistant Director, Human Resources Crew Worker Assistant Director, Pwks/City Engineer Crew Worker, Senior Assistant Director, Development Crime Scene Technician Assistant Director, Public Works Criminal Intelligence Analyst Assistant Manager, Customer Relations Custodian Assistant Manager, Warehouse Data Support Technician Assistant Supt, Golf Course Dep. Dir., Finance/Purch Agt. Assistant Supr, Utilities Deputy City Clerk Assistant to Director, Golf Deputy Director, Recreation & Parks Assistant to Director, Recreation Deputy Director, Utilities Assistant to Director, ITS Deputy Fire Chief Automated Truck Operator Deputy Fire Marshall Building Code Administrator Director Development Building Inspector Director Finance/Treasurer Building Inspector, Sr. Director Fire & EMS Service Building Maint. Mechanic, Sr. Director Golf Building Maint. Mechanic Director Human Resources Building Official Director ITS Bus Driver Director Library Buyer, Sr. Director Media & Public Communications CADD Technician/Design Supr. Director Org. and Strategic Development Chemist Director Planning & Zoning Chief Electrician Director Public Works Chief Plant Operator Director Recreation Chief Utilities Field Insp. Electrical Inspector, Sr. City Clerk Electrician City Manager Electrician, Master Civil Engineer Electrician, Senior Claims Analyst EMS Coordinator Code & Rehabilitation Officer Engineering Plans Analyst/Inspector Code Compliance Admin. Engineering Technician Code Compliance Inspector Environ. Coord./Util. Safety Offi Code Compliance Officer Code Compliance Officer, Sr. Page 1 of 2 Environmental Inspector Plumbing/Mechanical Inspect. Equipment Operator Police Chief Equipment Operator, Senior Police Detective Fingerprint Examiner Police Forfeiture Specialist/Evidence Custodian Fire Battalion Chief Police Lieutenant Fire Captain Police Major Fire Lieutenant Police Officer Fire Protection Engineer Police Records Clerk Fire Training Officer Police Records Clerk Supervisor Firefighter Police Sergeant Firefighter I Principal Planner Firefighter II ProgrammedAnalyst Firefighter III Project Manager Fleet Administrator Project Manager, Sr. Fleet Mechanic Recording Secretary Fleet Mechanic, Sr. Records & Permits, Supr. · Forester/Environmentalist Records Specialist GIS Analyst Recreation Leader GIS Coordinator Recreation Program, Mgr. GIS/CADD Technician Recreation Specialist Heavy Equipment Operator Recreation Supervisor HVAC Mechanic Recruitment/Employment Imaging Technician Senior Planner Information-Comm. Coordinator Service Writer Instrumentation & Control Tech. Solid Waste Supr. Kennel Maintenance Worker Superintendent, Golf Course Laboratory Field Technician Supr., Customer Relation. Laboratory Technician, Sr. Supr., Meter Reading & Svc. Legal Assistant/Paralegal Supr., Streets Maintenance Legal Secretary Supr., Water Quality Lifeguard Supv., Animal Control Lifeguard, Senior Supv., Facilities Management Maintenance Technician Supv., Record/Permits Manager, Communications Syst. Supv., Transportation Services Manager, Community Redevelopment Supv., Util Const/Stormwater Manager, Customer Relations Supv., Wastewater Col/Pu Manager, ITS Supv., Water Distribution Manager, Parks Tennis Professional Manager, Recreation Department Training/QA Coordinator Manager, Risk Management Transportion Service, Supr. Manager, Solid Waste TV Specialist Manager, Warehouse TV Truck Specialist Meter Reader Utilities Field Inspector Neighborhood Project SF Utilities Location Specialist Network Administrator Utilities Location Specialist, Sr. Occupational License Insp. Utilities System Adminstr. Office Assistant Utility Maintenance Mechanic Office Assistant, Senior Utility Maintenance Mechanic, Se Parks & Landscape Planner Water Plant Lead Operator Parks Maintenance Work. Water Process Technician Payroll Technician Water Treatment Plant Operator Pipelayer Zoning & Licensing Manager Plan Review Analyst Plan Review Analyst, Sr. Planner Page 2 of 2 CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO.' Kurt Bressner, City Manager FROM: David N. Tolces, Assistant City Attorney ~,~'~ DATE: January 9, 2003 RE: Proposed Ordinance - Employment Screening Attached is the draft ordinance regarding employment screening. The Exhibits will need to be compiled and attached. Exhibit A will be a listing of positions of employment or appointment that are critical to security and public safety, and Exhibit B will list those public facilities and/or public operated facilities that are critical to security and public safety. The City Commission must make the specific findings as to the positions and facilities as part of the adoption of this Ordinance. I am requesting your assistance in the compilation of Exhibits A and B. DNT:ral Eno. S:\CA\Departments\CITYMGR,uMemo. Proposed Ordinance Employment Screening.doc Po~t Offlc~ I~c 148~ da Department of Criminal Justice Inforr~tion Services Tailahassee, flork~ ~ ~.-148) Enforcement .... www.fdle.st. :e.ll~s _ Commissioner ~ December 17, 2002 ~,-~! ! ^TTN: Kurt Bressner · ~'-'--;~ ~-~ Manager · Post Office Box 310 Boynton Bea~, FL 33425-0310 Dear Mr. Bressne~ We are writing to let you know abou~ a new iaw that will allow local governme~n~s to In acco~ dan~ · ' histo information based on local ordinances. obtain national criminal _..,_ry ........ -~ --- ~ S54~ the Florida Department 3f er Services Bureau (:U$1~) offers local govemment~ access to Enforcement (FDLE) Us ........ :-- ~-- .~,,~ ,~ee/vendor screening. This state and national cri.minal .n?to~ ~mo_rma,~. ,u, ~:."~-?,~n state and ~ational permits counties and mumc~pahties to require, ~ ,~,,~,,,-ce, background checks for ~e following: a) prospective and ~ontinued employment screening for positions crh~cai to security or public safety; and b) 'Employment" screening for private contractors, vendors, repair persons, and public facilities/publicly-opera~ed delivery persons who have access to facilities that is critical to security of public safety. · . state and national criminal history checks ~hro. ugh creenin requires fineer~nnt bas.?. __ reenin must have h~.'~ or $ g · ch erson ou are sc g . ~r~H= ~n ~e FBI. Th~s means tnat ea_ p . -¥ ...... ,~ ~,~roved h~.~e scan ....... d . rd co ~nge~pnm cam ~ uH o,, ,.~.~- . her finge~pnnts rolled on _a ha PY-- .---'~... ~ ~ 00 for the state proces.,~ng and device There is a $39 00 fee for each subrn~=,,~,, <----. $24.00 national). The local ordinance must reference ~ngerprin~s" and the tex~ must specifically re, er ss. 1~5.5B01 (:~or county ordinances) or 166.0442 (:for c~ ordinances), F.$., in order to quai~ for access to FBI criminal history information. The dissemination of FBI criminal history information may not be issued to private entities under this statutory provision. · Comm/tted to Mr. Kurt Bressner · Page 2 December 17, 2002 ~. After a local ordinance is passed, the local authority must request an account with FDLE to submit requests for fingerprint-based state and national criminal history checks. The USB, Applicant Section, will work with the requesting authority to: a) Secure approval of the language of the new ordinance along with a new ORI number from the FBI; b) Set up a billing account for these requests; and c) Establish a method of submission of requests. In order to establish an account or if you have any questions regarding this new mechanism for national criminal history record checks, please contact the Government Analysts Barbara Williams at (850)410-8161 or Cynthia McGollie at (850) 410-8681. Sincerely, James T. Moore, Commissioner Florida Department of Law Enforcement Martha Wdght, Chief ~ User Services Bureau MWIcm X~'~'. - LEGAL TTEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CityClerk'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)~ 'z_"' '~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noo~/~.)~"~ "~"< [] 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: First Reading of Ordinance establishing Urban Central Business District in area coterminous to current CBD area of City of Boynton Beach. The purpose of the ordinance is to establish the historic downtown core area of the City of Boynton Beach as an Urban Central Business District pursuant to the provisions of Chapter 28-24 of the Florida Administrative Code. EXPLANATION: On September 9, 2003, the CRA reviewed and approved a staff recommendation to proceed with an enabling ordinance that would create an Urban Central Business District in the same area as the current CBD area (an 80- acre area) in the core downtown area (see map attached to draft ordinance.) The effect of establishing the downtown core area as an Urban Central Business District would be to raise the threshold level for any one development project in the area to become a Development of Regional Impact (DRI) from 300,000 to 450,000 sq. ft. This would help balance downtown development by improving the ability of the City to attract major commercial, retail and office employers to compliment the new residential mixed use in the CBD area. The ordinance sets forth a review procedure for special projects that the City and the CRA deem desirable, which may also exceed the current 300,000 sq. ft maximum. Concurrent to this ordinance, the City and CRA staff is preparing a proposal to the CRA and the City Commission to consider future regulatory changes in the CBD area to create a Regional Activity Center designation to link future projects in the CBD area to the museum. In this instance, the maximum floor area per project could increase from 450,000 sq. ft. to 600,000 sq. ft. Again the current height, use and setback requirements in the MUH would be retained. The designation of a Regional Activity Center is not site specific but would have to be located within the CBD area as defined in the Urban Central Business District Area--which is conterminous to the current CBD area. This ordinance will not alter the existing land use or 'zoning of any downtown property, nor will it impact any adjacent residential areas. PROGRAM IMPACT: The impact of this proposal is to provide impetus for appropriate non-residential (office and commercial) projects in the CBD area that will create jobs and vitality to the core Boynton Beach CBD area. A residential- commercial only CBD area will not be as viable as a CBD area that includes office uses. This also would serve as an economic development tool to replace jobs lost by the departure of Motorola. S3,BULLETINLFORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Appropriate re-development of the CBD area will generate higher TIF increment for the CRA that will allow resources for other programs, specifically, Heart of Boynton and other key re-development areas. ALTERNATIVES: Retain the current MUH designation for the CBD area with a limit of 300,000 sq. fi. per project. Department Head's Signature "~F' City Manager's Signature Department Name City Attorney / Finance / Human Resources ~'-: ~:'~BO~LET1N'ff:ORMSLAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O3o AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING A URBAN CENTRAL BUSINESS DISTRICT; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Florida Administrative Code authorizes the designation of a urban area as an Urban Central Business District provided certain established criteria is met; WI-IEREAS, the City of Boynton Beach is a municipality with a population 25,000 and is located within an urbanized area as defined by the 1990 census; and WItEREAS, the area proposed for the Urban Central Business District is currently by mass transit service, as defined in Chapter 9J-5, Florida Administrative Code; and WItEREAS, the City Commission finds it is in the best interest of the City to a single urban core area to attract high intensity, high density, multi-use in the area currently referred to as the central business district; and WI-IEREAS, the City Commission finds it is necessary to the City's long range growth objectives to create an urban core area to serve as a hub of eastem activity; and WItEREAS, the creation of an urban central business district is necessary to achieve City's goals for redevelopment of its eastern historical downtown district; and WI-IEREAS, the redesignation of the central business district to an urban central district will permit additional development density opportunities suitable to attract ,'d use business; and WI-IEREAS the area proposed for the urban central business district currently enjoys a land use designation and zoning classification compatible with intensification of use in the area; and WHEREAS, the area hereinafter specified for designation as a Urban Central lsiness District meets all qualifying criteria provided in Florida Administrative Code Rule S:\CA\Ordinances\Planning\Urban Central Business District.doc >.8-24.014 for designation as a urban central business district. NOW TIIEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rI-IE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are mae and correct and are now ratified and confirmed by the City Commission. Section 2. The City Commission o f t he City o f B oynton Beach, Florida hereby designates the current central business area hereinafter described as a Urban Central Business District as that term is defined by Florida Administrative Code Rule ;8-24.014 (10)(c)l. The land that shall comprise the Urban Central Business District bordered on the east by the Intracoastal Waterway, on the west by the Florida East :oast Railroad fight-of-way, on the north by northeast 6th Avenue, and on the south y S.E. 2na Avenue and consists of approximately ninety-eight (98) acres. The area is further delineated in map format on attached Exhibit "A". Section 3. The Urban Central Business District is consistent with the City of Boynton Beach Comprehensive Plan and Future Land Use map intensities, and has a land use designation of Mixed Use (MX), eligible for Mixed Use Core (MXC) and a zoning district designation of CBD, which is eligible for Mixed Use High (MUH). Section 4. The Urban Central Business District is wholly within the jurisdictional boundaries of the City of Boynton Beach. Section 5. The current land use and zoning designation allow for high intensity -use development within the proposed District. Section 6. All laws and ordinances applying to the City of Boynton Beach in lict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall not :the remainder of this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. ~:\CA\Ordinances\Planning\Urban Central Business District.doc FIRST READING this __ day of ,2003. SECOND, FINAL READING AND PASSAGE this ~ day of , CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Mayor Pro Tem Commissioner Commissioner ;T: Clerk S:\CA\Ordinances\Planning\Urban Central Business District.doc ATTACHMENT 'A' Ci~ Of Boynton.Beach Mixed Use-Core Area / XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Cit3' 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) [] 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: Motion to approve by Resolution guidelines for Standards of Conduct governing the City's public officers in the performance of their designated duties. EXPLANATION: The Commission directed the City Attorney to draft language setting forth policies and procedures for Standards of Conduct, which would protect the integrity of City government, foster public confidence in the actions of the City, and assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards. Attached is a Resolution setting forth a "guideline" for the City's elected and appointed public officers, PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Department Head's Signature City Manager's Signature Cit)' Attorney Department Name -/ City Attornel~/F~ance / Human Resources S:~3ULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 03- 2 3 AN RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING CORE VALUES AND 5 MINIMUM STANDARDS OF CONDUCT FOR PUBLIC 6 OFFICERS OF THE CITY; PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, although Chapter 112.311, et seq., Florida Statutes the Code of 10 Ethics for public officers and employees, was enacted to ensure that the public be 11 ~rotected from conflicts of interest and unethical conduct by elected and appointed public 12 Iofficers, the City Commission has determined that local guidelines should be established 13 to ensure confidence in the integrity of City government and the City's public officers; 14 and 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires 17 to establish core values and minimum standards by which the City's public officers 18 hould be guided in the performance of their designated duties; and 19 20 WHEREAS, the City of Boynton Beach core values and standards of conduct are 21 ntended to apply to the official and day-to-day conduct of elected and appointed public 22 ,fficials of the City of Boynton Beach; and 23 24 WHEREAS, these core values and standards of conduct will serve as a valuable 25 eference guide for all those in whom the public has placed its trust; and 26 27 WHEREAS, the City Commission of the City of Boynton Beach has determined 28 that these core values and standards of conduct are in the best interests of the citizens of 29 the City of Boynton Beach, and will assist in ensuring that the City's elected and 30 I lappointed officials have basic standards established by which to guide their conduct; and 31 32 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of 33 Boynton Beach, Florida, as follows: 34 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 36 as being tree and correct and are hereby m adc a specific part of this Resolution upon 37 adoption hereof. 38 : 39 SECTION 2. The City comluission hereby establishes the following core values 40 and standards of conduct for all elected and appointed officers of the City: 41 42 Core Values and Standards of conduct. 43 44 The term "public officer" means any person elected to the City 45 Commission or any person appointed to any City board. 46 1 C:\Documents and Settings\lamannar. ClTY~Local Settings\Temporary Interact Files\OLK120\Cod¢ of Ethics-BBKB.doc 1 In furtherance of the public trust assumed by public officers of the City 2 upon their election or appointment to public office or employment, the following 3 standards of conduct shall be applicable to public officers of the City: 4 5 (a) Core Values. Each public officer shall pledge his or her 6 commitment to the following core values of the City of Boynton Beach, as 7 follows: 8 9 (1) Diversity - A public officer will use the strengths that come from 10 our differences as we work toward the completion of our goals. 11 12 (2) Integrity - A public officer will demonstrate consistency in action 13 and words grounded in ethical conduct. Having the courage to do 14 the fight thing and be willing to be held accountable for our 15 decisions. 16 17 (3) Stewardship - A public officer will practice responsible 18 management of public and natural resources entrusted to our care. 19 20 (4) Creativity - A public officer will encourage the use of imagination 21 to develop new ideas and find improvements. 22 23 (b) Standards of Conduct. Each public officer shall pledge his or her 24 commitment to the following standards of conduct of the City of Boynton Beach, 25 as follows: 26 27 (1) Leadership by example. A public officer will display leadership 28 by: 29 30 A. Subscribing to the City of Boynton Beach standards of 31 conduct for Public Officers; and 32 B. Promoting a sense of community, community values, and 33 commthaity spirit and by embracing diversity within the 34 community, while focusing 0n t he importance and values 35 of family; and 36 C. Practicing a "can do" attitude rather than an attitude of 37 negativity; and 38 D. Developing vision or focus on the future, and supporting 39 the acliievement of vision; and 40 E. Being responsive; and 41 F. Recognizing and fostering leadership throughout the City 42 government and the residential and business communities 43 of the City; and 44 G. Balancing statesmanship and political and professional 45 goals; and 2 C:\Documents and ScttingsXlamannar.CITY~Local S¢~ngs\Temporary Intcrnct Files\OLK 120\Cod¢ of Ethics-BBKB.doc 1 H. Maintaining a positive image, while working towards the 2 best interests of the City and its citizens. 3 4 (2) Empowerment (mindset/orientation) attitude. A public officer will 5 display an empowerment attitude by: 6 7 A. Encouraging citizens to be active, responsible and informed 8 partners in City government that function with public 9 officers of the City to achieve a shared vision; and 10 B. Empowering City administration to continuously improve 11 the quality of and the services provided by City 12' government; and 13 C. Encouraging entrepreneurship by governing the City as a 14 successful, ethical business model; and 15 D. Maximizing services while minimizing tax burdens on r6 citizens· 17 18 (3) Customer focus and involvement (volunteerism/action). A public 19 officer will encourage and promote customer focus and 20 involvement by: 21 22 A. Encouraging citizens and residents to be involved in 23 government and bridging the gap between City government 24 and community; and 25 B. Promoting specific avenues by which citizen input is 26 gathered and information is disseminated by the City; and 27 C. Encouraging citizen involvement in decision-making; and 28 D. Supporting data-based decision-making. 29 30 (4) Continuous improvement. A public officer will work towards 31 continuous improvement through: 32 33 A. Self-improvement through edUcation, personal growth, and 34 personal learning; and 35 B. Supporting process improvement in City systems and key 36 process improvements through knowledge-based decision- 37 making; and 38 C. Supporting and encouraging personal wellness and 39 professional development throughout City government; and 40 D. Supporting innovation through technology; and 41 E. Promoting effective use of customer feedback to improve 42 quality of government and the providing of government 43 services. 44 45 46 3 *- ,. C:XDocuments and Settingsqamannar. CITY',Local Settings\Temporary Interact Files\OLK120\Code of Ethics-BBKB.doc 1 SECTION 3. This Resolution shall become effective mediately upon its 2 and adoption. 3 4 PASSED AND ADOPTED THIS ~ day of September, 2003. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor l0 ll 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 2O 21 Commissioner 22 " 23 24 25 Clerk 26 4 2:XDocuments and Settings\lamannar. CITY~Local Settings\Temporary tntemet Files\OLKl20\Code of Ethics-BBKB.doc • c o-i 4 , i , I' ler? Vrv/72:71 '-'7 7t#19 * T galnu„ 'ffoTssTmmo0 A1T3 £0/91/6 - IIHIMeg- INIMMEMIIIIIMMINNEMMIMINIMIr 71r41-4"49 41Vv0-.0.19 %, - *- e•loc:34 -9 g9 ' g ,- ol_ptE --; ii — :: E - v --_.: 0 - d . (‘ 74. 04, cr -d ........------- • Thie--------7 . ---ify - -:-.1 j/ - y 5 - d ___------- .. , sic; • .- /7 • 11 E / °Z3 C , ‘,6 6 h oh 73 / -,= 551 S I 00 -(5 d'rva:11/-12 • ..„..--- . 65 s I V . dy// c z 9 _ co [ 1v 11 ,:p4_7. ..1 74,--'LS c'nnr15' ) ‘11.4‘v'evrgi _EXHIBIT - 9/16/03 City Commission Minutes PROCESS OVERVIEW CITY COMMISSION AGENDA 9/16/03 V-CONSENT AGENDA, ITEM 3 GOAL: To award professional/technical service contracts to consulting engineers that have a proven track record of successful cost effective completion of public utility and infrastructure projects. CHALLENGE: To simplify and expedite the process for retaining consulting engineers while maintaining full compliance with Florida's Consultants Competitive Negotiation Act.' SOLUTION: Enter into continuing contracts2 for profession services with pre-qualified professional. THE PROCESS: STEP 1 Draft and Publish Request for Qualification. Completed. STEP 2 Preliminary evaluation and ranking of responses by staff evaluation committee. Completed. STEP 3 Selection and ranking of qualified consulting engineers- -Pending for Commission action 9/16/03. STEP 4 Negotiation of continuing contracts. Future action. STEP 5 Assignment/award of projects. Future action. ' Florida's Consultants Competitive Negotiation Act is found at Section 287.055, Florida Statutes. The Act requires competitive selection of professional services in the following categories: architecture, professional engineering, landscape architecture or registered surveying and mapping. The Act applies to projects with basic construction costs of more than$250,00 or planning/study activity more than $25,000. 2 Continuing contracts are defined as contracts for professional services for projects in which construction costs do not exceed$1 million or study/planning activity not exceeding $50,000 or work of a specified nature with no time limitation. H:\1990\900182.BB\PROCESS OVERVIEW.doc EXHIBIT — 9/16/03 City Commission Minutes Evaluation Committee Recommendation Statistical comparison EQUITY IN RECOMMENDATION Percentage Percentage of Firms Percentage of Firms of Firms Selected from those Selected from those that Selected in Palm Beach County are MBE Certified tatistics o Recommendation 67% 71% 73% Indicative of a FAIR result 33% 29% 27% Example of a BIAS result 67% 89% 33% 33% 11% 67% FAIR Firms Selected in Firms Selected in Recommendation Recommendation 67% 67% gAl Of the Firms in Of the Firms in Palm Beach County 71%were Selected Palm Beach County 89%would be Selected Of the Firms that Of the Firms that are MBE Certified are MBE Certified 73%were Selected only 33%would be Selected (11;