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Agenda 05-03-05 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA REVISED - MAY 3,2005 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Vice Mayor District II Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person 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 BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA May 3, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Mark Szanyi - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations: a. Civility Month - May, 2005 b. Law Enforcement Appreciation Month - May 2005 c. National Nurses' Week - May 2-6, 2005 d. International Building Safety Week - May 8-14, 2005 e. National Public Works Week - May 15-21, 2005. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 1 Agenda Regular City Commission Meeting Boynton Beach, Florida May 3, 2005 V. ADMINISTRATIVE: A. Accept the resignation of Michael McGoey, an alternate member of the Arts Commission B. Accept the resignation of John Spannuth, an alternate member of the Recreation and Parks Board. C. Appointments to be made: Appointment Length of Term To Be Made Board EXDiration Date I Ensler Adv. Bd. On Children & Youth Art 1 yr term to 4/06 Tabled (3) II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (3) I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 III Ferguson Arts Commission Alt 1 yr term to 4/06 Tabled (3) III Ferguson Bldg. Bd of Adj & Appeals Art 1 yr term to 4/06 Tabled (3) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06 Tabled (3) I Ensler Bldg Bd of Adj & Appeals Reg 3 yr term to 4/08 Tabled (3) IV McKoy Cemetery Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Code Compliance Board Aft 1 yr term to 4/06 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (3) IV McKoy Education Advisory Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Education Advisory Board Aft 1 yr term to 4/06 Tabled (3) II McCray Education Advisory Board Reg 1 yr term to 4/06 Tabled (2) III Ferguson Education Advisory Board Stu 1 yr term to 4/06 IV McKoy Library Board Alt 1 yr term to 4/06 Tabled (3) Mayor Taylor Library Board Alt 1 yr term to 4/06 Tabled (3) I Ensler Senior Advisory Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3) VI. 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 -April 15, 2005 2. Regular City Commission Meeting - April 19, 2005 2 Agenda Regular City Commission Meeting Boynton Beach, Florida May 3, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award Bid for the "Annual July 4th Fireworks Display" Bid #023-2710- 05/JA to Melrose South Pyrotechnics, Inc., in the amount of $31,000 to include barge. Event to be held at the Intracoastal Park. Gates open at 6 p.m. Fireworks at approximately 9 p.m. 2. (Intentionally left blank) 3. Award a three (3) year contract for "Financial Advisor Services", RFP #024-141O-05/0D, to RBC Dain Rauscher, of St. Petersburg, FL, with the option to renew the contract, at the same terms, conditions and prices, for two (2) additional one (1) year periods subject to vendor acceptance (Proposed Resolution No. R05-068) C. Resol utions: 1. Proposed Resolution No. R05-065 RE: Authorizing the execution of Task Order No. 3 for $252,200 to Brown and Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program. (Tabled on 4/19/05) 2. Proposed Resolution No. R05-069 RE: Approving a Memorandum of Understanding with the PBA to raise officers' compensation for off-duty details 3. Proposed Resolution No. R05-070 RE: Approving a lease Agreement between The Boynton Beach Faith Based Community Development Corporation, and the City of Boynton Beach for the property located at 2191 N. Seacrest Blvd. for the purpose of community development 4. Proposed Resolution No. ROS-071- RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach Police Benevolent Association (PBA) - Patrol Officers for the three (3) year period commencing October 1, 2004 and ending September 30, 2007 5. Proposed Resolution No. R05-072 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Sergeants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007 3 Agenda Regular City Commission Meeting Boynton Beach, Florida May 3, 2005 6. Proposed Resolution No. R05-073 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Lieutenants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. 7. Proposed Resolution No. R05-074 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Cristel Fried A/K/A Christina Fried for the property at 821 Bamboo Lane in unincorporated Palm Beach County. D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None F. Authorize use of Community Investment Funds to Bethesda Memorial Hospital for the Jayne Miller Nursing Scholarship Fund from Mayor Taylor, Vice Mayor McCray, Commissioners Ferguson and Ensler for $500 each; Vice Mayor McCray to Heart of Boynton Clergy Association for $1,000. G. Approve the "Vistabella At Renaissance Commons, a PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelly, Jr., PE/PSM (City Engineer and Surveyor & Mapper) H. Return cash bond of $6,600 to Sharpe Project Construction for the project known as the Plaza at Boynton Commerce Center (Shell building and interior improvements). I. Approve the "Canterbury at Quantum Village Addition 1" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper). J. Authorize use of Community Investment Funds to The Boynton Regional Symphony Orchestra from Commissioner Ensler for $1,000. K. Authorize use of Community Investment Funds to The Juvenile Transition Center, Inc. from Vice Mayor McCray and Commissioner Ensler for $1,000. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 4 Agenda Regular City Commission Meeting Boynton Beach, Florida May 3, 2005 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission A Project: Carwash in M-l (CDRV 05-001) Agent: Michael Weiner, Weiner & Associates Location: Industrial (M-1) Zoning District Description: Request for an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.A.4. M-1 Industrial District, to allow carwashes as a conditional use. B. Notice of Intent to create a temporary moratorium to allow staff to review and revise zoning regulations for properties in M-1 Zoning District which Front on Specific Roadways. (Proposed Resolution No. R05-060) IX. CITY MANAGER'S REPORT: A. Report on City Commission Project Priorities 2005 X. FUTURE AGENDA ITEMS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA)(TBD) B. Hurricane Design for City BUildings.(6/21/05) C. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) D. Proposed Lease Agreement with Boynton Woman's Club (6/7/05) E. City Manager's Evaluation (October 2005) F. Commission Boundary Redistricting (5/17/05) G. Intralocal Agreement between City and CRA -- Heart of Boynton Land Purchases (5/17/05) H. Intralocal Agreement between City and CRA-Boynton Beach Promenade Extension (5/17/05) I. Intralocal Agreement between City and CRA - Old High School (6/7/05) XI. NEW BUSINESS: None 5 Agenda Regular City Commission Meeting Boynton Beach, Florida May 3, 2005 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-019 RE: Amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Louis F. Mascia/Boynton Motel, LLC., and located at 623 South Federal Highway; changing the Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) Residential to Special High Density Residential. 2. Proposed Ordinance No. 05-020 RE: Amending Ordinance 02-013 to rezone a parcel of land located at 623 South Federal Highway, Boynton Beach, FI from Community Commercial (c-3) to Mixed Use-Low (MU-L). B. Ordinances - 1st Reading 1. Proposed Ordinance No. 05-025 RE: Adopting the Comprehensive Plan Future Lane Use Map in Geographic Information System (GIS) format, pursuant to the requirements of Chapter 163.3177(6)(a), of the Florida Statutes. C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: A. Re-review Commission Decision on CRA and P&D review schedules. (Tabled on 4/19/05) XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEmNG, HElSHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElSHE 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 DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED FINAL AGENDA 5/3/20059:59 AM S:\CC\WP\CCAGENDA \AGENDAS\ YEAR 2005\050305. DOC 6 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D Apri119,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) IZI May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement IZI Presentation D City Manager's Report RECOMMENDATION: Present Proclamation EXPLANATION: Each year, the City, County and Local Government Law Section of The Florida Bar asks cities and counties in the state to proclaim Mayas Civility Month The organization's goal is to uplift the tone and conduct in public meetings through a pledge of civility. Mayor Taylor has requested this Proclamation. PROGRAM IMPACT: Will raise public awareness of this program. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation ~4 ¿J~,,-,~ ~. ~a¿ Depart t Hea' ignature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC George Washington wrote, "Every action done in company, ought to be with some sign of respect, to those that are present." Today, there is an urgent necessity that we as a nation find better ways to talk with and about each other. Too often, we have relied on stereotypes, slurs, and innuendo to make our points more memorable or more striking. To combat this, the City, County and Local Government Law Section of The Florida Bar has urged the adoption of a pledge of civility by all citizens in the State of Florida. As a cornerstone of democracy, civility assists in reaching consensus on diverse issues and allows for mutually ongoing relationships. It also uplifts our daily life and makes it more pleasant to live in an organized society. Civility presents a basis for civil debate and exchange among people. But it also demands integrity, a sense of fairness, and respect for others, as well as a profound sense of personal responsibility. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of May, 2005 to be observed as: Civility Month and call upon all our citizens to exercise civility toward each other. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of May, Two Thousand and five. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) I!I.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's OtIice Meeting Dates in to City Clerk's OtIice o AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) ~ May 3,2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) o Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal o Bids 0 Unfinished Business ~ Announcement 0 Presentation o City Manager's Report -) :~-.:¡ . ~,.' -,'Ii ~-·.7 :;;;J RECOMMENDATION: f'.). . It is recommended that the City Commission issue a Proclamation designating Mayas Law Enforcement Appreciation Month.: -::-~~ -.- EXPLANATION: -, -. Each year during the month of May, police departments across the nation take time to honor those who have made t"hã -~; ~:~ ... -ì·....\.".Li ultimate sacrifice by laying down their lives for the benefit of the community that they serve. The Boynton Beach pwce;--; C~, Department conducts its annual Memorial Service and Awards Ceremony during the month of May and the Proclanmtion'" ¡ r.; from Commission is read to our officers and guests during the ceremony. On the federal level, the President of the United ::: States issues a similar proclamation honoring all law enforcement officers and designating Mayas Law Enforcement Appreciation Month. PROGRAM IMPACT: Positive public relations and community awareness. FISCAL IMP ACT: ALTERNA T~N . ~ / ,,# // ~<:------- / Department Head's Signature City Manager's Signature Police Department Name City Attorney / Finance / Human Resources S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC The ideal society is composed of talented and dedicated individuals who are heroes in various occupations. A balance of commitment to both private and public interests is essential in promoting the ideal civic environment. Much can be said about the contributions of most industries. However, we must pay a tremendous debt of gratitude to the more than 700,000 men and women who serve our communities as law enforcement officers for the sacrifices they make so that we might enjoy safer places to live and work. Each and every day, the threat of personal injury is real for every public safety officer who is sworn to provide emergency assistance for life threatening situations. The officers responding have few or no details of the circumstances they are soon to encounter. Public expectations are great. Officers are expected to bring order where there is chaos, security where there is danger, and advice where there is inquiry. All must be delivered in strict compliance with Statute. It is nearly impossible to satisfy all these demands and remain the recognized friend. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May, 2005 as: Law Enforcement Appreciation Month and urge all citizens to reflect on the positive ways in which law enforcement makes a difference in their lives and appropriately acknowledge that police do contribute to the security and freedom that we enjoy in America. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of May, two thousand and five. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:ICCIWPICCAGENDAIProclamationslYear 20051Law Enforcement Appreciation Month.doc III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.c CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) [g May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Present Proclamation EXPLANATION: Bethesda Hospital has requested a Proclamation to celebrate National Nurses Week, which this year is May 2-6. PROGRAM IMPACT: Presentation of this Proclamation will call the attention of the community to the contributions made by nurses to the quality oflife in the City. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation Ít)~ßÍ' .~ ~~ . ~ Depart nt Hea Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Nearly 2.7 million registered nurses in the United States comprise our nation's largest health care profession. These dedicated women and men meet the different and emerging health care needs of the American population in a wide range of settings. Professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients. In Boynton Beach, the nurses of Bethesda Memorial Hospital are committed to the promotion of health, the prevention of disease and the delivery of quality nursing care. While a renewed emphasis on primary and preventive health care has required the better utilization of all of our nation's registered nursing resources, Bethesda women and men in nursing have been expanding their professional health care roles by continually striving to upgrade standards of care and improve services through practice, education and research. The demand for registered nursing services is greater than ever because of the aging of the American population, the continuing expansion of life- sustaining technology and the explosive growth of home health care services. This means that more qualified registered nurses are needed to meet the increasingly complex needs of health care consumers in this community. Boynton Beach is indeed fortunate to have dedicated nurses utilizing their knowledge, skills, energy and compassion to improve the quality and accessibility of health care services for our residents. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 2-6, 2005, as: Nurses' Week In recognition of the contributions of the nurses at Bethesda Memorial Hospital to the health care of our residents. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of May, Two Thousand and five. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) III.-ANNOUNCEMENTS Ii PRESENTATIONS Item C.l.d 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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21,2005 June 6, 2005 (Noon) IZI May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business IZI Announcement D Presentation D City Manager's Report RECOMMENDATION: To proclaim May 8-14, 2005 as International Building Safety Week. EXPLANATION: That citizens become aware of the necessity of building safety the Development Department requests that the City Commission declare May 8-14, 2005 as International Building Safety Week. PROGRAM IMP ACT: None FISCAL IMP ACT: None ALTERNATIVES: None ~ City Manager's Signature Development / Building Division Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1> Whereas, through our continuing attention to building safety, we enjoy the comfort and peace of mind of structures that are safe and sound; and, Whereas, building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and, Whereas, the dedicated members of the International Code Council, including building safety and fire prevention officials, architects, engineers, and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and, Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, counties and states. These modem, building safety codes also include safeguards to protect the public from natural disasters that can occur, such as snowstorms, hurricanes, tornadoes, wild land fires and earthquakes; and, Whereas, Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and, Whereas, this year's theme, "Making Homes, Schools and Workplaces Safer Together," encourages all Americans to raise our awareness of building safety, and to take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and, Whereas, this year, as we observe Building Safety Week, we ask all Americans to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 8 -14, 2005 as Building Safety Week In witness whereof, I have hereunto set my hand and caused the Seal of the city of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of May, Two Thousand and Five. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.e CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l Requested City Commission Date Final FOm1 Must be Turned Requested City Commission Date Final FOm1 Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) . ) [8J May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) --1 ~,; ¡, -\-< D July 19,2005 .,.,,-"~ D May 17, 2005 May 2, 2005 (Noon) July 5, 2005 (Noon) ... -:, '_'. . i >J , \-~) --". .Ç .r·_._~ D Administrative D Development Plans -c:' D D A·..·.-... NATURE OF Consent Agenda New Business C) '):J AGENDA ITEM D D .. ,..-rï1 Public Hearing Legal ') ç-;,þ D Bids D Unfinished Business ...,..J' ¡q(j :r: [8J Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve Proclamation for National Public Works Week - May 15th - 21st, 2005. EXPLANATION: National Public Works Week is scheduled to occur on May 15th thru May 21st, 2005. This year's theme is "Public Works is Everywhere You Look". The theme recognizes that Public Works is visible in many aspects of our citizen's lives on a daily basis and is a tribute to all employees who work for Public Works and Utilities Departments. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature 'þ ..mi." W.k /!~"tt~,~ fA City Attorney / Finance / Human Resources Depa en ame _) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, forestry and grounds, fleet maintenance, water and sewers and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works and utilities officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works and utilities departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS, this year's theme, "Public Works is Everywhere You Look," centers on the pervasiveness of public works; and. NOW, THEREFORE, I, Jerry Tarylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of May 15 - 21, 2005 as "NATIONAL PUBLIC WORKS WEEK" and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and utilities and to recognize the contributions which public works and utilities officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of May, Two Thousand Five. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\ WP\CCAGENDA \Proclamations\ Year 2005\Public Works Week.doc Page 1 of 1 V. ADMINISTRATIVE Pyle, Judith ITEM A. From: Prainito, Janet Sent: Tuesday, Apri/19, 2005 8:31 AM To: Dennison, Arleen Cc: Pyle, Judith Subject: RE: Arts Thanks Arleen. I will pass this resignation on to Judy and she will place the appointment on the next agenda. Janet From: Dennison, Arleen Sent: Saturday, April 09, 2005 1:13 PM To: Prainito, Janet Cc: Debby Coles-Dobay (E-mail) Subject: FW: Arts Mike's resignation should leave us one alternate opening. Thank you, Janet. Arleen -----Original Message----- From: MJMcGoey@aol.com [mailto: MJMcGoey@aol.com] Sent: Saturday, April 09, 2005 7:53 AM To: DennisonA@ci.boynton-beach,fl.us Subject: Re: Arts In a message dated 4/8/2005 3:34:21 PM Eastern Standard Time, DennisonA@ci.boynton-beach.fl.us writes: Mike, I can only imagine how busy you are right now at tax time. I talked to the City Clerk's office and they need you to either submit an application to reup to the Arts Commission Advirosy Board or submit a resignation. If you do wish to resign, you could email it to me and 1'1/ pass it along. Thanks, Arleen To whom it may concern: Please accept this emaim as my resignation. Michael McGoey 4/19/2005 V. ADMINISTRATIVE ITEM B. ,-.,\ , , John R. Spannuth r q t PO Box 243279 .-, !-f'~ 20 n;' } }:,¡ t, Boynton Beach, FL 33424 April 14,2005 Mr. Jerry Taylor, Mayor City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Jerry: For the last year I have volunteered my very valuable time to be on the Recreation and Parks Board. I have attended, I believe, every meeting except one when I was speaking at a large conference out of the country. I have also attended a number of other meetings that were mentioned at our regular monthly meetings. Yesterday, I received a letter indicating that I was reappointed to the Recreation and Parks Board - again, as an alternate. Jerry, I don't know how important background, experience and knowledge in physical education, recreation and sports is to the people who make the decisions regarding who will be on this board. My guess is that it isn't important - or - I would have been named as a regular mem ber of the Board. For your information I am including information regarding my background. After reviewing it, I'm sure you can see that I could help the City in many ways. Please remove my name from the list. I have served one year as an alternate member and do not care to be an altemate again! V. ADMINISTRATIVE ITEM C. APPLICANTS ELIGIBLE FOR APPOINTMENT 05/03105 LAST FIRST 1st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION NAME NAME SUBMmED Broenig Gerald Planning & Community 4/11/05 Development Board Development Aqencv Fitzpatrick Michael Planning & 2/25/05 DeveloDment Board Grcevic Sharon Planning and 12/20/04 DeveloDment Board Hammer Patti Recreations & Parks 3/16/05 Board Lender Wayne Community 1/28/05 Redevelopment Aaencv McMahon James Recreations & Parks Planning & 1/8/05 Board Development Board Peterson Brita Bldg. Board of Adj & ADPeals Sage Linda Arts Commission 3/24/05 JAP 4/21/20051 :14 PM S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 05 03.doc VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 5, 2005 March 14,2005 (Noon,) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4,2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) [8J May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20,2005 (Noon) o May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) ~'J ;d·-' ;::~ '--.~ ~-.. \ ~........." 0 Administrative 0 Development Plans ' ,...-'~ ..,....11' '~ .~..:;:-\ 0 >;j - 1"''0 NATURE OF [8J Consent Agenda New Business -;~:) 2;) AGENDA ITEM 0 0 - - Public Hearing Legal s;:- O Bids 0 Unfmished Business -:} c:) .~. -~ -:3:: --- 0 Announcement 0 Presentation ;;:- ''''''cP .' -::; r'ì 0 City Manager's Report ç f:J7 ,4'\ c-> -~ ':>: RECOMMENDATION: Motion to award the BID for the "ANNUAL JULY 4TH FIREWORKS DISPLAY" BID #023-2710-05/JA to 'MELROSE SOUTH PYROTECHNICS, INC. of South Carolina in the amount of $ 31,000.00 to include barge. EXPLANATION: On March 16, 2005, the Procurement Services Dept. received and opened three (3) proposals for the above mentioned BID. It is recommended to "MELROSE SOUTH PYROTECHNICS, INC", of South Carolina. They were the lowest, most responsive, responsible bidder who met all of the specifications. It has been evaluated by Wayne Segal, Public Affairs Director, who concurs with this recommendation. PROGRAM IMP ACT: The purpose of this BID was to seek a qualified operator to furnish fireworks display on July 4, 2005 at the Intracoastal Park as Special Event of the City. 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Segal, Public Affairs Director Ú/p¿.JtÝ Date: April 13, 2005 Re: Recommendation for award of RFP #023-271 0-05/JA After reviewing the three (3) proposals and references submitted for Bid #039-2710-05/JA, "THE ANNUAL JUL V 4TH FIREWORKS DISPLA V," it has been determined that the lowest, most responsible, responsive bidder is Melrose South Pyrotechnics, Inc. of South Carolina at $31,000.00 to include barge. The company produced last year's fireworks display and their service was found to be satisfactory. The account number for this is 001-1213-519-48-24 Special Events Project SE0505. Please process for the May 3, 2005, Commission agenda. This recommendation is based on the amount, type and mix of shells and our experience with the company last year. 1 ~;:tI ;:tI ;:tI ;:tI !:;! ï1 ï1 ï1 ï1 ~"'O "'0 "'0 "'0 ITIo 0 Z ::::I "'0 ~ C :::¡ ~ m 3: ï' 1-4 .. OJ m Z m G> ?? . N 3: 0 > W > N Z o ;:tI ~ Z "'0 n N C . :z: -.....¡ > 3: ~ Õ ï' . 0'\ I ...... ... 0 C N U'1 ~ o 'i:::¡ ""' ~ > ~ ï1 1-4 ;:tI ~ o ;:tI ~ o 1-4 (J') "'0 OJ ~ Õ o m .........;::0 J2(J) m(J) QJ- ~G> "'02 ~. I :::J- .c;2 (J) :r: m ~ PROPOSER ACKNOWLEDGEMENT . Submit Proposals To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): February 9,2005 RFP Title: "ANNUAL JULY 4TH FIREWORKS DISPLAY" RFP Number: 023-2710-05/JA RFP Received By: MARCH 16, 2005, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for March 16,2005, 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 RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Melrose South Pyrotechnics, Inc. Federal LD. Number: 57-0986890 A Corporation of the State of: South Carolina Area Code: 800 Telephone Number: 771-7976 Area Code: 800 FAX Number: 775-7976 Mailing Address: 4652 Catawba River Road City/State/Zip: Catawba, SC 29704 ~!i1f: Vendor Mailing Date: March 9, 2005 Jeff Matthews Name Typed 16 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL CITY OF BOYNTON BEACH PROPOSAL FOR JULY 4TH FIREWORKS DISPLAY . To All Proposals: Date March 9, 2005 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 service called for. The undersigned proposes to deliver the product/service in accordance with the specifications for: OPENING SEGMENT: Shell Size Quantity Describe Basic Effects Presented Amount of Time U" 405 ~d, White & Blue Hines Fan Fired 30 seconcl s 3" 60 Red, White & Blue Comets, ........t-..a 5" 9 Red & Blue D~ias ~ :0;;' IViPT 8" 1 Gold Kamuro wI Tail Total: 30 secondf j ¡ MAIN BODY SEGMENT: Shell Size Quantity Describe Basic Effects Presented Amount of Time 3" 350 ~ee Attached Proposal Sheetl 4" 300 " " " " 5" 100 " " " " 6" 80 " " " " 8" 10 " " " .. Total: 18-minutes Rev. 05/30103 17 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL PROPOSAL continued... GRAND FINALE SEGMENT: Shell Size Ouantitv Describe Basic Effects Presented Amount of Time 3" 400 ßee Attached Proposal Sheet~ . 5" 35 " " " " 6" 18 " " " " 8" 4 " " " " œotal: 1 min 30 see TOTAL SUM FOR DISPLAY: $ 31.000.00 List of Music (songs) submitted? X Yes No VHS Video or Pictures submitted? X Yes No 5% Bid Bond Submitted X Yes No Number of proposals submitted: 1 One Original and (4) four copies Yes Submitted: YESINO Statement of Proposer's Qualifications Yes submitted: YESINO Melrose South Pyrotechnics, Inc. It{~ COMPANY NAME Jeff Matthews PRINTED NAME ( 800 ) 771-7976 March 9, 2005 TELEPHONE NUMBER TITLE ~- " '. I /\,. I i THIS PAGE MUST B SUBMITTED ALONG WITH PROPOSAL fo1j ~- ...., ;..... .~ " t.':;':;!' .. ~I '-li:¡~ .- f~~~~;' \C,.... "." . .' <''''''' . ~ .~. t>: ;~~, ~ .'...,-J..... ,. 1~' \.~ :~ ~~> . . ... II ... .. .. 1- ~ .~ ~ .. .. :'d ,.. .. . ... .. .... " ~ ~1!!.:=!,~....~:~~·:~~:·.:,::Æ.·:·.:=..c:;.·~··~:n;>¡..t.4): · , . .. .' "'x' .~r·: ~':I ... .-..... ~.._- ~J . . - ¡ ! î ¡ - ..,..- - STATEMENT OF PROPOSER'S QUALIFICATIONS . Each Proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the proposal. * attach additional sheets giving the information 1. Name of Proposer: Melrose South Pyrotechnics, Inc. 2. Business Address: 4652 Catawba River Road PO Box 209 Catawba, SC 29704 3. When Organized: November 1993 4. Where Incorporated: South Carolina 5. How many years have you been engaged in business under the present firm name? 12 Years 6. General character of work performed by your company. Fireworks Dis"plav Com"panv 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 12 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity. NIA 11. Have you ever defaulted on a contract? If so, where and why? * No 12. Experience in performance of work similar in importance to this project. Rev. 05/30/03 19 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL PROPOSERS QUALIFICAITONS CONTINUED... Proiect $ Value Contact Name Phone # Pensacola Sertomas 4th $45,000.00* Katherine Wilborne 850-476-0042 . Gwinnett Glows $55,000.00 Debbie Adam 770-822-7101 Tal1ahassee's Celebrate America $20,000.00 Billy Holder 859-510-9678 Ft. .Walton Beach $20,000.00* Helen Spencer 850-243-3141 *Not including barge cost 1. Contracts on hand. * 2. Largest completed projects (include final cost). 1) Taste of Chica~o. Julv 3rd, $75,000.00* 2) WXRT Sky Show. Chica~o $75,000.00* 3) Families First, Tampa $75,000.00* 15. List all lawsuits (related to similar projects) or arbitrations to which you have been a party and which: * 1) arose ftom performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: 1 : OOpm : 9th ;¡;¡¡~ 2005 (wn n sIgnature) Name: J~ff Ma~~bews (printed or typed) Title: Event Producer Rev. 05/30/03 20 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL ;:c * I r " ~ ~ 2g G;G; ;( 0 z > ~ Z "0 >CI.J '" 0 -3 CI.J"O ~ ~ n - 09 -3 '" -3 Z 0 t'"' ZL: ><: CI.J~ Z ~ . tJ tr1 -3 -3 Z ><: c::~ S:. -3 "t CI.J r;,; tT1 tD> n ~ CI.J ntJ -3 ~ (j .. 00 0 2 == ZG; :::0 2 tr1 tfj ....-......-..~.-... -3CI.J Z c:::: -3 t: ~c..>N...... ~~ ~ > 0 õ~~t5 !:"" CI.J c:: -30-t'"' n"t ~ ~ c t"" ::c~~> -3::C c:: tIJ tfj tT1 ~n 00 !:"" ~ 0 ~Z_;;-:: :::oz ><: ...... tr1 -3 ~ ~ n ~ > 0 -; r;,; ('D ::: 0 ~ 0 ~ ~ ~ tT1 - 0= ~ -3 > (j ~ - 0 t'"' 0 tr1 ~ ~ ~ 0 r;,; := t'"' c:: - [;3 t"" CI.J CI.J "t '=' .....¡ ~ ...... > - Z CI.J C ""d a l"'-' !:"" 0 >-3 :: .....¡ >- ~ ---- "t ><: ~ ~ r;,; c:: tr1 '-' CI.J "t ....... ~ 2g.....¡tT1 ~ == 000 CI.J .... l"'-' ~t:!:J~ C ~ CI.J tr1~ tIJ 0 c:: tT1 0 n 2S == tJ ~ 0 :: Z >-3 - CI.J ~ '":3 c:: '":3 N t'"' 0= ...... ~ -3 ~ '=' . ~ r;,; >- -3 2 !:"" - 0 CI.J tfj 2 CI.J ......... r;,; c ;;:~ ~ "t r;,; ~ '" ~ tfj .....¡ - c:: ~ '":3 - := Z CI.J 2g n >-3 o ~ ...... tfj ""d "0 "0 > ~ ~ 'It -3 0 ~ Q ...... "t * Z N 0 2S cr- -3 w Z 0 ('D ~ I CI.J Õ('D ><: 0 N 0 r;,; >- §Š- "t :::0 -..J tfj tr1 .... ~ !:"" ::J Q ¡ '< I > ><: (JI Z n ~ ><: 0= ;;:~ tr1 >- "0 tfj '" ~ 0 ~ :;:0 ...... -3 0= ~ ...... Z~ti1 ~ tfj o 0 '-' 0 ~ ~ >- .....¡ ::c ::c >-3 ~o ...... .... CI.J (j 0?2 "t .... 15 ~ ~!: '-' >- -3:::0 tr1 >-3 n 1-01 -3 0 ~ Z 0 :::0 -3 ~ o~ ><: -30 >~ t""" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER . State of South Carolina ) County of York ) Jeff Matthews , being first duly sworn, deposes and says that: 1) He is Event Producer of Melrose S. Pyrotechnics, rne; the proposer (Title) (Name of Corporation or Finn) that has submitted the attached proposal: 2) He is fully infonned respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3) Said proposal is genuine and is not a collusive or sham proposal; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, fiTIn or person to submit a collusive or sham proposal in connection with the Contract for which the attached proposal has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, fiTIn or person to fix the price or prices in the attached proposal or of any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other proposer, or to secure through any collusion, conspIracy, connIVance or unlawful agreement any advantage against the City of Bovnton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or pa 'es in interest, i ding this affiant. (Signed) '0 (Title) Event Producer Cribedandswornt~ This 9th day of March ,20-ºL My Commission Expires My commission expires September 24. æo9 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 ANTI-KICKBACK AFFIDAVIT . STATEOFJ~15:.. South Caro1ina ) :SS COUNTY OF l~rxR~!V York ) T, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed 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 finn or by an officer ofthe corporation. By: Sworn and subscribed before me this 9th day of March ,20 05 Printed Infonnation: Jeff Matthews NAME Event Producer TITLE ~uY~~_ Me1rose South Pvrotechnics, Inc. at arge South Caro1ina COMPANY My Commission Expires September 24. 2009 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 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 proposal sheet making it an official part of your RFP response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~ - 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 24 CONFIRMA TION OF DRUG-FREE WORKPLACE . IDENTICAL TIE PROPOSALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals 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 proposal 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 proposals 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: I) 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) Infonn employees about the dangers of drug abuse in the workplace, the business' 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 proposal 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 proposal, the employee will abide by the tenns 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. ~ MÆ~ /1/ ..... Vendor's Signature TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR YACKAGJ!; 1'0 BJ!; CONSIDERED COMPLETE AND ACCEPTABLE 25 The City of Boynton Beach July 4th Fireworks Display Proposal Synopsis The proposal Melrose South Pyrotec Beach is for a computer choreograp production options section of this necessary materials, barge and deductible to the city, expert t own POWERBALLTM bran A videotapeìllu . ability of M os As a matter of have also inc After reviewing our p . level" sp*ec products eq value (155) .8) 4'_ 5", (40 tit - . . . - . . . e . . e . -- - i . .. . . . . e . . ~ e . . . . . . . - e A Reference Large Seal . .. e . . ft - . . .. budge ge fro fa . e . . . . . e CIa J . j ... MELROSE PYROTECHNICS, INC. 4852 CATAWBA RIVER ROAD, POST OFF1CE BOX 209 CATAWBA, SC 29704 T 803.789.5733 800.771.7978 F 800.775.7976 WWW.MELROSEPYRO.COM Name: Tom Thompson Title: Vice President of Operatio Tom Thompson has been asso assisting with the manufac His responsibilities als the research ~e . . . . . . e - . . t . e . . e e HICAGO e .. CHA. ff . ATLANTA ILWAUKEE e IJ . .. MELROSE PYROTECHNICS, INC. 4652 CATAWBA RIVER ROAD. POST OFFICE BOX 209 CATAWBA. SC 29704 T 603.769.5733 600.771.7976 F 600.775.7976 WWW.MELROSEPVRO.COM Name: Jeff Matthews Title: Event Producer Jeff Matthews has been since November 1, 19 1990. e . . . . . e e . . t . e . . e e HICAGO e ATLANTA fit. CHAe fI . ILWAUKEE -- e . .. ø~ ucrf"\n IVICI\lI ur J nc: I nl::.J-\.;:)un I - ounc:.f"\U ur /"\L..'vvnVL.. I VUf"'\\.JVV /"'\1....'-' I II IL...I"'\ IIVh,J Ro"'~~ §. Lt¡ ""é': LICENSE/PERMIT (18 U.S.C. CHAPTER 40, EXPLOSIVES) ; ;1; In accordance with the provisions of Title XI, Organized CrimeÇontrol Act of 1970, and the regulations issued thereunder (27 ~ ~ '4.fI CFR Part 55), you may engage in the activity specified in this license/permit within the limitations of Chapter 40, Title 18, United ~QIl 4 ..'I-} States Code and the regulations issued thereunder, until the expiration date shown. See "WARNING" and "NOTICES" on back. ....... .............. .......... .::::...r·:···.:.;::::):::::::..··.··:·:·:·:::·:·:·::· .::.;:.>:::::::::: ::1:Ji:;I;!íi$:¡;¡:.:.:.;.. ............... . ···piiF.iíìíit·· DIRECT ATF CHIEF, NA TIONALW¢gN$¡N$¢gN.]~B..:}·MJMB~F·:; 1-SC-09 1-26-7M-0007' .-. ....... ..-... ..... . ..~............ ....-.......-.-... ... ..... SPONDENCE ATF ..... .......... ........... . ...................... ... ..... .... .... ........ ~gRRE ¡~~~fa~~ÀŠq~~~Á:~:~:¡~i::~J~¡~¡i~~~.:.::!:::::;;:¡: ;~~~!:I§~·!¡¡..:···¡;:·}::..:..·····D·· ecem ber 1 ,20' 0 7 . ..... ... ..... .................... ... ................... ... ...... .... . .:.:.:. :-:-;.;.;-;-: -'::\-. -.:.::.::;{::: '-,::: ::.;.::: ::::::;:;:;:;::::::. ';:::::::::::}::::::=::::::>' ::::::::})\~{{{ {. }::: ::::;;:::;::::;; .;:;/: .:.:.·.·:·/:f~/:>;;::;:;· '.;.'. ".. MELROSE SO,~'r5i';1t1Siltl~;);;;;;,;N_\:2~~o~R RD ... ...... - . ~=~ 26-DEALER ~~~~~;;~';SI~T1~' .. .illib. ..<:!,'!!¡!iiii;,,;;¡;,,r,¡;¡ ~::~'~"~!~;;~~ ILtä~;~¡ä¡;L)'.!¡;¡¡;;) .. .. .... .. - .............-. -............-......... - .... ............ ..........-..- ............, ..... . ....... ... ........ ... CA···m··A·..·W····· S··A····· . SC·····2.·..·g· ·7" 04 ........ .. . . - . . - _. d. ........ .... .. .... ...... .. ;'Wi ,;~:i!,f:~:; ;¡/11i :;~~;¡;;;:; ·'···Y¡;!äP;· - J~n~~;r7n~r~~~;?~ ~~~~~f~;~;igf ~x~:o~fv~~{&~W.tl~t-jø~~m~··:·r ··I:..\.....:... ~~~ :j~~~~U~~ ;~e e~~~n~~~:~~I~~':n:t ~~~~egRil~æ-ÄÍi~hi~~~.:··.:?:::'i ..... ATF F 5400.14/5400.15, Part 1 (8189) tt f~f_jfro ' ~ta . ~.., -e;- -""~: t!tba . mrµartmrnt of §tafr I certify from the records of this office that MELROSE SOUTH PYROTECHNICS, INC. is a South Carolina corporation authorjzed to transact business in the State of Florida, qualified on June 28, 1994. The document number of this corporation is F940000034.09. I further certify that said corporation has paid all fees due thjs office through December 31, 2001, that its most recent annual repOIi/uniform business report was filed on January 25, 2001, and its status is active. r further certify that said corporation has not filed a Certificate of WithdrawaL Given under my hand and the Great Seal of the State ofFJorida at Tallahassee, the Capitol, this the Twenty-seventh day of I anuary, 200 ] Â~'Ú(C$d~ ~is ~m1r2rim~ ¿:t1è!rrig CR2E022 (1-99) ;§2crdnr-g af ~tnt£ VI.-CONSENT AGENDA ITEM B.3 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 D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19,2005 April 4,2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) r8J May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF r8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: A motion to award a three (3) year contract for "FINANICAL ADVISOR SERVICES", RFP #024-14l0-05/CJD, to RBC Dain Rauscher, of S1. Petersburg, Florida, with the option to renew the contract, at the same terms, conditions, and prices, for two (2) additional (1) year periods subject to vendor acceptance, satisfactory performance and determination that the renewal will be in the best interest of the City. EXPLANATION: On March 8, 2005, Procurement Services opened and tabulated six (6) proposals to our RFP for "Financial Advisory Services". An evaluation committee was fonned and comprised of the following memhe,rs: ~ty Munro, Assistant to the Director of Financial Service, Mark Veil, Partner in the City's audit fInn of Caler, DOBtm, ~I#e, Druker, Porter & Veil, P .A., and Bill Mummert, Director of Financial Services. The selection committee met àfBMarcf0'O, 2005 to review, discuss and rank all six proposals. A numerical scoring system and rating sheet was utilized to ëVàlua~.;eá.ch proposal against the selection criteria established in the RFP. All proposals were then ranked based upon í¥=eval~n scores, with all three committee members scoring the same fIrm, RBC Dain Rauscher, as # 1. At that point, the committ~e_-;felt that RBC Dain Rauscher was the most responsive responsible Advisor that met all criteria. -0 - . -'- ~ .J ...~ ..,;;,:.,. ',--,' PROGRAM IMP ACT: The use of a Financial Advisor for debt issuance, both new and refunding issues, ~ro.;t~he City with expert advise in all phases of these complex transactions while also providing guidance in the dev' pme1if~f a long-tenn debt management and capital improvement program. ' . ~ FISCAL IMP ACT: There is no impact to city operating funds for services related to the issuance of debt. All fees are based on the $ amount of the bond issue and are paid at closing from bond proceeds. Hourly rates were quoted for any Consulting Servi s that are requested that do not involve the issuance of debt. ~ City Manager's Signature h "/}Jo\~l 0..,,( SfA' I.l( C'~ Department Name City Attorney / Finance / Human Resources S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ 1 2 3 RESOLUTION NO. ROS- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE AWARD OF 7 RFP #024-1410-0S/CJD TO RBC DAIN RAUSCHER 8 FOR FINANCIAL ADVISOR SERVICES; 9 AUTHORIZING THE CITY MANAGER TO EXECUTE 10 AN AGREEMENT BETWEEN THE PARTIES; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on March 8,2005, Procurement Services opened and tabulated six (6) 15 roposals to the RFP "Financial Advisor Services"; and 16 WHEREAS, after review and evaluation it has been detennined appropriate by staff 17 o recommend award of this RFP to RBC Dain Rauscher of St. Petersburg, Florida whose 18 P was overall responsive and responsible proposer; and 19 WHEREAS, upon recommendation of staff, the City Commission of the City of 20 oynton Beach does hereby approve the award of RFP No.024-141 0-05/CJD to RBC Dain 21 auscher of St. Petersburg, Florida, with all fees being based on the amount of bond issue 22 nd paid from bond proceeds. Hourly rates were quoted for any consulting services that are 23 equested that do not involve the issuance of debt. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 27 s being true and correct and are hereby made a specific part of this Resolution upon 28 doption hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 pproves the award of RFP No. 024-1410-05/CJD to RBC Dain Rauscher of St. Petersburg, :\CA\RESO\Agreements\Bid Awards\Award of RFP - RBC Dain Rauscher.doc , I I ! 1 ~IOrida, for Financial Advisor Services. 2 I Section 3. That the City Manager is hereby directed to execute a three (3) year 3 ontract for Financial Advisor Services between the City of Boynton Beach and RBC Dain 4 au scher of St. Petersburg, Florida, a copy of which is attached hereto. 5 Section 4. That this Resolution shall become effective immediately. 6 PASSED AND ADOPTED this day of May, 2005. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 TTEST: 25 26 27 ity Clerk 28 29 Corporate Seal) 30 31 32 33 :\CA\RESO\Agreements\Bid Awards\Award of RFP - RBC Dain Rauscher.doc CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPARTMENT MEMORANDUM 6 ~(Ç~~V1æ:~ n APR 5m TO: Kurt Bressner City Manager CITY MANAGER'S OFfiCE FROM: Bill MummertM Director of Financial Services DATE: April 1, 2005 SUBJECT: Recommendation for Financial Advisor As you are aware, a Request for Proposals (RFP) for Financial Advisor Services was sent out on February 14,2005 seeking the services of a qualified finn to serve as a consultant and advisor for the debt financing of future operating and capital improvement programs and in the conduct of business transactions with financial institutions. The proposals were opened on March 8, 2005, with the following six (6) finns submitting proposals: Dunlop & Associates, Inc., First Southwest Company, Public Financial Management, Inc., RBC Dain Rauscher, Spectrum Municipal Service, Inc. and Marianne Edmunds, Inc. (in a joint venture with Public Resources Advisory Group, Inc.). An RFP evaluation committee comprised of Mary Munro, Assistant to the Director of Financial Services, Mark Veil, Partner in the City's audit finn of Caler, Donten, Levine, Druker, Porter & Veil, P.A., and myself met on Wednesday, March 30, 2005 to discuss and rank the submissions. A numerical scoring system and rating sheet was utilized to evaluate each proposal against the requirements established in the RFP. All proposals were then ranked based upon the evaluation scores, with all three committee members scoring the same finn as #1. Therefore, based upon the ranking process and the content of all proposals, the committee recommends RBC Dain Rauscher as Financial Advisor for the City for the following reasons: · National firm with a strong presence in the state of Florida 0 10 offices in Florida: Palm Beach Gardens, Fort Lauderdale, Naples, St. Petersburg, Sarasota, Orlando, Miami, Satellite Beach, Jacksonville and Destin. · Ability to offer expanded services 0 As a full service investment banking and securities brokerage firm, RBC offers underwriting and investment services as well · Extensive experience in the South Florida market as a financial advisor or underwriter 0 West Palm Beach, Delray Beach, Lake Worth, Jupiter, North Palm Beach, Palm Springs, Lake Park, Boca Raton 1 . Experience of the Advisory Team 0 Combined 60 years experience of the four (4) team members . Familiarity with the City of Boynton Beach 0 RBC Dain Rauscher (formerly William R. Hough) acted as underwriter on five (5) previous bond issues, dating back to 1985 0 Currently Financial Advisor for the Boynton Beach CRA; heavily involved with recent CRA bond issue I have attached a summary showing a brief description of all six firms for additional information as well as the scope of services requested in the RFP. I would like to place this on the May 3, 2005 agenda, so please review and let me know what additional information I may need to provide to the commissioners before I complete the agenda packet. Cc: Mary Munro Carol Doppler 2 Review Team Meeting March 30, 2005 2:00 PM Mary Munro Mark Veil Bill Mummert #1 RCS Dain Rauscher RCS Dain Rauscher RCS Dain Rauscher #2 Spectrum Municipal Spectrum Municipal PFM #3 PFM PFM Spectrum Municipal #4 First Southwest Dunlop & Associates Dunlop & Associates #5 Dunlop & Associates First Southwest First Southwest #6 Marianne Edmonds Marianne Edmonds Marianne Edmonds Consensus Ranking (Top 3 Firms) #1 RCS Dain Rauscher #2 Spectrum Municipal #3 PFM ;r ~ º ." 'II: 0 ~ I: ii¡ õ So DI CD :I .. Ii 'C .. ¡; is: m CD (") DI ~ m DI III 'C i Ii!' DI g; ~ !Z ;:¡: ¡ ¡¡- ii' Õ· ::r :I CD III III 0. {ß{ß (} fo"'c.:-"s:: .....00-. Q~ I3J ~ ." O~o? (J)5" ~.....~." -C ':<~C1a3" p¡ ~ ¡r ..~bbi ::> ::> ~::r~~13J - (§Q, ~s:: c::: '" (J) 000 '" CD (J) -. 0 CD ::>.3"z 0 8~o, ! ~, c:::~-a~ c.> ..... g:~ê: DI -. 'i C V~~{ß ::>DlZ&>::r ::> DI N ~ ~::>".g (") 0.3 0 "'_0 ~to"", ::J =:. o -. 0) 13J13J::> f !ñ6 -G')èDcO aDl!!!. 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S.dc' 1),lll' 1',11 \1111111111 ¡"Llc' "1·1. 1 0/29/2003 $19,510,000 Housing Finance Authority of Palm Beach County, Horida Multifamily Co-Manager Housing Revenue Bonds, Series 2oo3A (Malibu Bav Apartments) 10/29/2003 Housing Finance Authority of Palm Beach County, Horida Taxable Co-Manager 500,000 Multifamily Housing Revenue Bonds, Series 2003B (Malibu Bay Apartments) 10/28/2003 Palm Beach County, Horida Public Improvement Recreation Facility Sole Manager 6,525,000 Revenue Refunding Bonds Series 2003 10/22/2003 Town of Jupiter, Horida Water Revenue Bonds, Series 2003 Senior Manager 26,995,000 9/17/2003 School District of Palm Beach County, Horida Tax Anticipation Notes Sole Manager 45,000,000 Series 2003 6/25/2003 School Board of Palm Beach County, Horida Certificates of Participation Co-Manager 124,295,000 Series 2oo3B 6/11/2003 School Board of Palm Beach County, Horida Certificates of Participation Co-Manager 60,865,000 Series 2oo3A 5/1212003 Housing Finance Authority of Palm Beach County, Horida Multifamily Senior Manager 22,500,000 Housing Revenue Bonds, Series 2003 A (Renaissance Apartments Project) 5/12/2003 Housing Finance Authority of Palm Beach County, Horida Taxable Senior Manager 1,875,000 Multifamily Housing Revenue Bonds, Series 2003 B (Renaissance Apartments Proiect)- 5n/2003 Northern Palm Beach County Improvement District Water Control Co-Manager 44,110,000 Improvement Refundinl!" Bonds Series 2oo3A 3/6/2003 Housing FÍI1aÌ1ce Authority of Palm Beach County, Horida Multifamily Senior Manager 10,550,000 Housing Revenue Bonds Series 2oo3A (Pinnacle at Abbey Park . Apartments) 3/6/2003 Housing Finance Authority of Palm Beach County, Horida Taxable Senior Manager 450,000 Multifamily Housing Revenue Bonds Series 2oo3B (Pinnacle at Abbey Park Apartments) 12/12/2002 School Board of Palm Beach County, Florida Certificates of Participation, Co-Manager 191,215,000 Series 2002D 12/10/2002 Northern Palm Beach County Improvement District Water Control and Sole Manager 5,795,000 Improvement Bonds, Unit of DeveloDment No. 16, Series 2002 9/5/2002 School Board of Palm Beach County, Florida Refunding Certificates of Co-Manager 93;350,000 Participation, Series 2002 E 7/26/2002 Housing Finance Authority of Palm Beach County, Florida Multifamily Co-Manager 8,250,000 Housing Revenue Bonds, Series 2002 (Westlake Apartments Project, Phase II) 6/20/2002 Housing Finance Authority of Palm Beach County, Horida Multifamily Co-Manager 19,270,000 Housing Revenue Bonds, Series 2oo2A (Indian Trace Apartments Project) 6/20/2002 Housing Finance Authority of Palm Beach County, Florida Taxable Co-Manager 4,130,000 Multifamily Housing Revenue Bonds, Series 2002B (Indian Trace Apartments Proiect) 6/12/2002 City of Boca Raton, Florida Water and Sewer Revenue Refunding Bonds, Senior Manager 14,470,000 Series 2002 5/23/2002 Certificates of Participation, Series 2002C The School Board of Palm Beach Co-Manager 161,090,000 Countv, Horida 4/26/2002 School District of Palm Beach County, Florida General Obligation Co-Manager 28,200,000 Refunding Bonds Series 2002A 3/19/2002 Certificates of Participation, Series 2002B The School Board of Palm Beach Co-Manager 115,350,000 County, Florida 2/28/2002 Palm Beach School District Certificates of Participation Series 2oo2A Co-Manager 115,250,000 2/13/2002 Town of Jupiter, Florida Water Revenue Refunding Bonds Series 2002 Sole Manager 13,920,000 S,d.' I),lk 1'.11 \1111'11111 "lll' 1\\lk 12/12/2001 City of West Palm Beach, Florida General ObligatIOn Refunding Bonds Senior Manager 18,280,000 Series 2001 8/17/2001 Housing Finance Authority of Palm Beach County, Florida Multifamily Co-Manager 9,100,000 Housinsz Revenue Bonds Series 2001A (Colony Park Apartments Proioot) · 8/17/2001 Housing Finance Authority of Palm Beach County, Florida Taxable Co-Manager 665,000 Multifamily Housing Revenue Bonds Series 2oo1B (Colony Park Apartments Proiect) 6/27/2001 Town of Jupiter, Florida General Obligation Bonds, Series 2001 Senior Manager 11,330,000 (Communitv Center Proiect) 6/22/200 1 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Manager 15,000,000 Homeowner Revenue Bonds 2001 Series A-I 6/22/2001 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Manager 10,115,000 Homeowner Revenue Bonds 2001 Series A-2 (Short Term) 6/21/200 1 Housing Finance Authority of Palm Beach County, Florida Multifamily Senior Manager 9,150,000 Housing Revenue Bonds Series 2001 A (Pinnacle Palms Apartments Project) 6/21/2001 Housing Finance Authority of Palm Beach County, Florida Taxable Senior Manager 200,000 Multifamily Housing Revenue Bonds Series 2001 B (Pinnacle Palms Apartments Proiect) 6/1412001 Housing Finance Authority of Palm Beach County, Florida Multifamily Co-Manager 6,255,000 Housing Mortgage Revenue Refunding Bonds Series 2001 (Country Lake Apartments Proiect) 6/8/2001 Certificates of Participation, Series 200lB The School Board of Palm Beach Co-Manager 169,445,000 Countv, Florida 5/1/2001 Housing Finance Authority of Palm Beach County, Florida Multifamily Placement 22,000,000 Housinsz Bonds 1985J (Emerald Bav Club) Aszent 4/12/2001 Certificates of Participation, Series 2oo1A The School Board of Palm Beach Co-Manager 135,500,000 County, Florida 4/3/200 1 City of Boca Raton, Florida Special Assessment Refunding Bonds, Series Senior Manager 14,635,000 2001 (Visions 90 Proiect) 2/28/200 1 Housing Finance Authority of Palm Beach County, Florida Multifamily Co-Manager 6,900,000 Housing Mortgage Revenue Bonds Series 2oo1A (Mallards Landing Apartments Proiect) 2/28/200 1 Housing Finance Authority of Palm Beach County, Florida Taxable Co-Manager 400,000 Multifamily Housing Mortgage Revenue Bonds Series 200lB (Mallards LandinI! Apartments Proiect) 11/30/2000 Northern Palm Beach County Improvement District Water Control and Senior Manager 4,365,000 Improvement Bonds, Unit of Development No. 44, Series 2000A 11/30/2000 Northern Palm Beach County Improvement District Water Control and Senior Manager 4,100,000 Improvement Bonds, Unit of Development No. 44, Taxable Series 2000B 8/22/2000 City of West Palm Beach, Florida General Obligation Bonds Series 2000 Senior Manager 20,000,000 6/15/2000 Housing Finance Authority of Palm Beach County, Florida Single Family Senior Manager 16,850,914 Homeowner Revenue Refundinl! Bonds 2000 Series A-I 6/15/2000 Housing Finance Authority of Palm Beach County, Florida Single Family Senior Manager 12,475,000 Homeowner Revenue Refundinsz Bonds 2000 Series A-2 (Short Term) 4/6/2000 Housing Finance Authority of Palm Beach County, Florida Multifamily Co-Senior 13,100,000 Housing Revenue Bonds 2000 Series A (Saddlebrook Apartments Proiect) Manager 217/2000 Certificates of Participation, Series 2000A The School Board of Palm Beach Co-Senior 155,000,000 County, Florida Manager 12/28/1999 Housing Finance Authority of Palm Beach County, Florida Multifamily Co-Manager 5,700,000 Housinsz Revenue Bonds 1999A (Azalea Place Proiect) 10/18/1999 Northern Palm Beach County Improvement District, Water Control and Sole Manager 3,715,000 Improvement Refundinsz Bonds, Unit of Development No. 16, Series 1999 9/22/1999 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Senior 17,499,662 Mortszasze Revenue Refunding Bonds Series 1999 B Manager 9/3/1999 Winston Trails Community Development District (East) (palm Beach Senior Manager 3,255,000 County, Florida) Special Assessment Bonds, Series 1999 S,ill'I\Ill' 1',11 ,\nHHIIH "'Ill' I\{ dl 7/6/1999 Northern Palm Beach County Improvement District, Florida Water Control Co-Manager 6,525,000 and Improvement Bonds, Unite of Development No. 5B, Series 1999 6/23/1999 Northern Palm Beach County Improvement District, Florida Water Control Co-Manager 25,825,000 and Improvement Bonds, Unit of Development No. 9B, Series 1999 . . 5/25/1999 Housing Finance Authority of Palm Beach County Florida Multifamily Senior Manager 14,000,000 Housinl!: Revenue Bonds Lake Delrav Apartments 1999 Series A 5/25/1999 Housing Finance Authority of Palm Beach County Florida Taxable Senior Manager 800,000 Multifamily Housing Revenue Bonds Lake Delray Apartments 1999 Series B 4/7/1999 Boca Raton, Florida Water and Sewer Revenue Refunding and Senior Manager 19,800,000 Improvement Bonds, Series 1999 3/25/1999 Housing Finance Authority of Palm Beach County Florida Single Family Co-Senior 15,000,000 MortR;aR;e Revenue Refundinl!: Bonds, Series 1999 A ManaR;er 3/12/1999 WestgatelBelvedere Homes Community Redevelopment Agency, Florida Senior Manager 3,380,000 Redevelopment Revenue Bonds, Series 1999 1/15/1999 Housing Finance Authority of Palm Beach County Florida Multifamily Co-Manager 7,750,000 Mort2al!:e Revenue Bonds (Riverview House), Series A and Series B 12/16/1998 Northern Palm Beach County Improvement District, Florida Water Control Senior Manager 5,555,000 and Improvement Refunding Bonds, Unit of Development No. 5-D, Series 1998 12/8/1998 Housing Finance Authority of Palm Beach County Florida Multifamily Senior Manager 13,090,000 Housin2Revenue Refunding Bonds (Lake Crystal Apartments) 12/7/1998 City Place Community Development District Capital Improvement Revenue Financial 55,155,000 Bonds, Series 1998 Advisor 11/17/1998 West Palm Beach, Florida Public Service Tax Revenue Bonds, Series 1998 Senior Manager 32,345,000 6/26/1998 Housing Finance Authority of Palm Beach County, Florida Single Family Senior Manager 15,000,000 Mort2a2e Revenue Refundin2 Bonds, Series 1998A 6/26/1998 Housing Finance Authority of Palm Beach County, Florida Single Family Senior Manager 15,000,000 MortR;aR;e Revenue Refundine: Bonds, Series 1998B 6/26/1998 Housing Finance Authority of P!!lm Beach County, Florida Single Family Placement 6,964,256 Morte:al!:e Revenue Bonds, 1988 Series A (Sale of GNMA Securities) A2ent 4/28/1998 Housing Finance Authority of Palm Beach County, Florida Multifamily Senior Manager 4,395,000 Housin2 Revenue Bonds (Windsor Park Apartments Project), Series B 4/28/1998 Housing Finance Authority of Palm Beach County, Florida Multifamily Senior Manager 11,120,000 Housine: Revenue Bonds (Windsor Park Apartments Project), 1998 Series A 4/8/1998 Northern Palm Beach County Improvement District Water Control and Senior Manager 9,280,000 Improvement Refunding Bonds Unit of Development 5A, Series 1998 (Vista Center) 4/8/1998 Northern Palm Beach County Improvement District Water Control and Senior Manager 3,485,000 Improvement Refunding Bonds Unit of Development 24, Series 1998 (lronhorse) 3/11/1998 Northern Palm Beach County Improvement District Water Control and Co-Manager 33,980,000 Improvement Refunding Bonds, Unit of Development No. 18, Series 1998 (Ibis Development) 10/24/1997 Boca Raton Housing Authority Second Lien Mortgage Housing Revenue Senior Manager 910,000 Bonds (Banyan Place Senior Living Facility) 1997 Series B 10/23/1997 Boca Raton Housing Authority First Lien Mortgage Housing Revenue Senior Manager 7,190,000 Bonds (Banyan Place Senior Livine: Facility) 1997 Series A 10/23/1997 Housing Finance Authority of Palm Beach County, Florida Variable Rate Senior Manager 9,100,000 Demand Multifamily Housing Revenue Refunding Bonds Series 1997 A (Haverhill Commons) 10/23/1997 Housing Finance Authority of Palm Beach County, Florida Variable Rate Senior Manager 7,000,000 Demand Multifamily Housing Revenue Refunding Bonds Series 1997 B (Villa2e CrossinR; Apartments) 9/24/1997 Boca Raton Florida G.O. Refunding Bonds Series 1997 Senior Manager 8,920,000 9/15/1997 School District of Palm Beach County, Florida Refunding Certificates of Co-Manager 47,145,000 Participation, Series 1997 A S,ilL' ¡ ),lll' 1'.11 \11](}lIlIl ¡"lIl' I ~ \ \ I '- 9/2/1997 Jupiter Florida Sales Tax Revenue Refunding Bonds, Series 1997 Senior Manager 2,690,000 7/16/1997 Palm Beach Gardens Florida GO, Series 1997 Senior Manager 4,900,000 . . 7/7/1997 Housing Finance Authority of Palm Beach County Single Family Mortgage Placement 7,495,000 Revenue Bonds Series 1987 (Sale of GNMA Securities) A.ltent - GNMA 6/26/1997 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Senior 21,800,000 Mort.ltlUre Revenue Series 1997 A Mana.lter 6/26/1997 Housing Finance Authority of Palm Beach County, Horida Single Family Co-Senior 21,000,000 MortlZalZe Revenue Series 1997 Series 1997B ManalZer 6/11/1997 Housing Finance Authority of Palm Beach County Florida Multi-Family Senior Manager 13,275,000 HousinlZ Revenue Bonds .1997 A, Chelsea Commons Apartments 4/23/1997 Northern Palm Beach County Florida Improvement District Water Control Senior Manager 2,595,000 & Improvement Unit 3/20/1997 The Solid Waste Authority of Palm Beach County Florida Improvement Co-Manager 33,885,000 Revenue Bonds, Series 1997B . 3/20/1997 The Solid Waste Authority of Palm Beach County Florida Refunding Co-Manager 266,590,000 Revenue Bonds, Series 1997 A 2/19/1997 Riviera Beach Florida Water & Sewer Revenue Bonds, Series 1997 MBIA Sole Manager 9,000,000 BO 12/13/1996 Housing Finance Authority of Palm Beach County, Florida Multi-Family Senior Manager 8,700,000 Housin.lt Revenue Bonds, Series 1996 A WoodLake Avts. Project 8/30/1996 Northern Palm Beach County Improvement District Water Control & Senior Manager 45,345,000 Improvement Bonds, Unit 9A, Series 1996A 8/30/1996 Northern Palm Beach County Improvement District Water Control & Placement 1,545,000 Improvement Bonds, Unit 9A, Taxable, Series 1996B Agent 8/1/1996 City of Lake Worth, Florida General Obligation Bonds, Series 1996 Senior Manager 4,475,000 7/22/1996 Housing Finance Authority of Palm Beach County Multi-Family Revenue Remarketing 22,000,000 Bonds, Series 1985 J (Boca EntradalLaurel Club Project) A.ltent 7/2/1996 City of Boynton Beach, Florida Utility System Revenue Bonds, Series 1996 Senior Manager 23,070,000 6/12/1996 Northern Palm Beach County Water Control and Improvement District Senior Manager 5,360,000 Water Control and Improvement Bonds, Unit of Development No. 5C, Series 1996 5/22/1996 School Board of Palm Beach County, Florida Certificates of Participation, Co-Manager 32,155,000 Series 1996A 12/13/1995 Palm Beach County, Florida Certificates of Participation Series, 1995A Financial 18,755,000 (Youthful Offender Correctional Facilitv Project) Advisor 12/6/1995 South Bay, Florida Certificates of Participation, Series 1995 (Youthful Financial 41,160,000 Offender Correctional Facility Project) Advisor 10/24/1995 Palm Beach County, Florida Water and Sewer Revenue Bonds, Series 1995 Senior Manager 54,650,000 10/3/1995 Housing Finance Authority of Palm Beach County, Florida Multi-Family Senior Manager 8,800,000 Housing Revenue Refunding Bonds, Series 1995A (Shenandoah Village Apartments) 9/13/1995 Northern Palm Beach County Improvement District (Formerly NPBCWCD) Senior Manager 1,885,000 RefundinlZ Unit of Development #23, Series 1995 9/13/1995 Northern Palm Beach County Improvement District (Formerly NPBCWCD) Senior Manager 8,470,000 Refundin.lt Unit of Development #11, Series 1995 9/6/1995 Northern Palm Beach County Improvement District (Formerly NPBCWCD) Co-Manager 3,595,000 Unit of Development #31, Pro.lU1iffi One, Series 1995 9/6/1995 Northern Palm Beach County Improvement District (Formerly NPBCWCD) Co-Manager 8,805,000 Unit of Development #31, Pro.lU1iffi Two, Series 1995 7/11/1995 Housing Finance Authority of Palm Beach County, Florida Multi-Family Remarketing 22,000,000 Revenue Bonds, Series 1985J (Boca Entrada/Laurel Club) A.ltent 6/8/1995 School Board of Palm Beach County, Florida Certificates of Participation , Co-Manager 133,600,000 Series 1995A S,tll' 1),11, 1'.11 \IIIOlllll ¡"lIl' I~ (ii, 617/1995 City of Boca Raton, Florida Beach Acquisition Revenue Bonds, Series 1995 Senior Manager 15,100,000 5/16/1995 Northern Palm Beach County Water Control District Water Control and Senior Manager 3,770,000 Improvement RefundinJ!; Bonds Unit of Development. No. 19, Series 19IJ~ 3/17/1995 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Senior 26,040,000 Mortgage Revenue Bonds, Series 1995A Mana2er 11/2/1994 School Board of Palm Beach County Certificates of Participation, Series Senior Manager 62,095,000 1994A 10121/1994 Housing Finance Authority of Palm Beach County, Florida Single Family Senior Manager 19,990,000 Mortgage Revenue Bonds, Series 1994A 9/28/1994 Northern Palm Beach County Water Control District Water Control and Senior Manager 4,045,000 Improvement Bonds, Unit of Development No. 3A, Series 1994 Phase One 2/1/1994 Palm Beach County, Florida General Obligation Refunding Bonds, Series Co-Manager 59,390,000 1994 A and Series 1994 B 1/19/1994 City of Lake Worth, Florida Sewer System Refunding Revenue Bonds, Senior Manager 15,680,000 Series 1993 6/22/1993 City of West Palm Beach, Florida Guaranteed Entitlement Revenue Senior Manager 15,840,000 RefundinJ!; Bonds, Series 1993 6/15/1993 Palm Beach County, Florida General Obligation Refunding Bonds, Series Senior Manager 23,375,000 1993 5/11/1993 Town of Juno Beach, Florida Public Improvement Revenue Refunding Sole Manager 1,410,000 Bonds, Series 1993 4/15/1993 City of Lake Worth, Florida Water and Electric Utility Revenue Refunding Senior Manager 15,580,000 Bonds, 1993 Series A 4n/1993 Northern Palm Beach County Water Control 'District Water Control and Co-Manager 9,040,000 Improvement Refunding Bonds, Unit of Development. #31, Program. One, Series 1993 4n/1993 Northern Palm Beach County Water Control District Water Control and Co-Manager 7,170,000 Improvement Bonds, Unit of Development. #31, Program. Two, Series 1993 2/25/1993 Housing Finance Authority of Palm Beach County, Florida Housing Sole Manager 4,715,000 Revenue Bonds, Series 1993A 2/16/1993 School District of Palm Beach County, Florida General Obligation Co-Manager 65,315,000 RefilndingBonds, Series 1993 . 2/9/1993 Northern Palm Beach County Water Control District Water Co-Manager 5,585,000 ControllImprovement Bonds, Unit of Develop. No. 18, Program Two, Series 1993 1/20/1993 Village of Palm Springs, Florida Water and Sewer Revenue Refunding Sole Manager 4,225,000 Bonds, Series 1993 12/18/1992 Westgate/Be1vedere Homes Community Redevelopment Agency Sole Manager 3,000,000 Redevelopment Revenue Bonds, Series 1992 11/17/1992 City of Lake Worth, Florida General Obligation Bonds, Series 1992 Co-Manager 11,310,000 11/17/1992 City of Boca Raton, Florida Water and Sewer Revenue Refunding Bonds, Co-Manager 39,875,000 Series 1992 11/6/1992 Solid Waste Authority of Palm Beach County, Florida Refunding and Co-Manager 58,510,000 Improvement Revenue Bonds, Series 1992 10/29/1992 City of West Palm Beach, Florida Public Service Tax Bonds, Series 1992 Senior Manager 9,765,000 10/29/1992 West Palm Beach Community Redevelopment Agency Redevelopment Senior Manager 8,235,000 Revenue Bonds, Series 1992-A 8/5/1992 Town of Jupiter, Florida Public Improvement Revenue Refunding Bonds, Financial 5,625,000 Series 1992 Advisor 8/4/1992 City of Lake Worth, Florida Water and Electric Utility Revenue Refunding Senior Manager 5,610,000 Bonds, 1992 Series A 7/30/1992 Seacoast Utility Authority (Florida) Water and Sewer Utility System Sole Manager 66,755,000 Refunding Revenue Bonds, Series 1992 7/28/1992 City of Boca Raton, Florida Special Assessment Improvement Bonds, Senior Manager 9,200,000 Series 1992 (Visions 90 Project) S,lie ),Ile' 1'.11 \J]HllIlIt I "lie' 1~lIll 6/29/1992 City of Boynton Beach, Florida Utility System Revenue Bonds, Series 1992 Co-Manager 60,255,000 6/17/1992 City of Riviera Beach, Florida Waterfront Improvement Refunding Revenue Senior Manager 6,280,000 Bonds, Series 1992 . . 6/10/1992 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Manager 18,000,000 Mort2a2e Revenue Bonds, 1992 Series A 5/27/1992 Town of Jupiter, Florida Sales Tax Revenue Refunding Bonds, Series 1992 Financial 12,150,000 Advisor 3/24/1992 Town of Jupiter, Florida Water Refunding Revenue Bonds, Series 1992 A Financial 23,450,000 andB Advisor 2/18/1992 Palm Beach County, Florida Airport System Revenue Refunding Bonds, Co-Manager 90,675,000 Series 1992 2/4/1992 Northern Palm Beach County Water Control District Water Control and Co-Manager 9,370,000 Imorovement Bonds, Unit 18, Series B 1/23/1992 City of Delray Beach, Florida Utilities Tax Revenue Refunding and Co-Manager 14,800,000 ImorovementBonds,Series1992 1/23/1992 City of Delray Beach, Florida General Obligation Refunding Bonds, Series Co-Manager 5,585,000 1992 1/14/1992 City of Boynton Beach, Florida General Obligation Refunding Bonds, Co-Manager 10,075,000 Series 1992 1nt1992 School District of Palm Beach County, Florida General Obligation Co-Manager 184,215,000 Refundin2 Bonds, Series 1992 9/17/1991 Palm Beach County, Florida General Obligation Bonds, Series 1991 Co-Manager 50,000,000 8/28/1991 Town of Juno Beach, Florida Public Improvement Revenue Bonds, Series Sole Manager 415,000 1991 7/11/1991 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Manager 17,460,000 Mort2a¡re Revenue Bonds, 1991 Series A 7/1/1991 Housing Finance Authority of Palm Beach County, Florida Multi-Family Senior 6,565,000 Housing Revenue Bonds, Series 1985C (Sherwood Glen) Manager/Remar ketinlZ AlZent 6/19/1991 Town of Ocean Ridge, Florida General Obligation Bonds, Series 1991 Sole Manager 1,300,000 6/10/1991 City of West Palm Beach, Florida Parking System Revenue Refunding Co-Manager 10,445,000 Bonds, Series 1991-A 6/1 0/1991 City of West Palm Beach, Florida Parking System Revenue Bonds, Series Co-Manager 9,495,000 1991-B 4/22/1991 City of West Palm Beach, Florida General Obligation Bonds, Series 1991 Senior Manager 26,575,000 11130/1990 Northern Palm Beach County Water Control District Water Control and Senior Manager 1,225,000 Improvement Bonds, Unit of Develooment No. 24A, Series 1990 11130/1990 Northern Palm Beach County Water Control District Water Control Bonds, Senior Manager 155,000 UnitofDev~oDmentNo.33,SeriesI990 6/27/1990 City of Palm Beach Gardens, Florida Special Obligation Revenue Bonds, Sole Manager 8,115,000 Series 1990 6/27/1990 Northern Palm Beach County Water Control District Water Control and Co-Manager 18,325,000 Imorovement Bonds, Unit of Develop. No.18, Pro21'am One, Series A 6/25/1990 Housing Finance Authority of Palm Beach County, Florida Single Family Co-Manager 45,100,000 Mort2age Revenue Bonds, 1990 Series B 6/25/1990 Housing Finance Authority of Palm Beach County, Florida REMIC Co-Manager 41,368,000 Collateralized Mort2a2e Obli2ations, Series 1990-1 6/21/1990 Palm Beach County, Florida Criminal Justice Facilities Revenue Bonds, Co-Senior 233,620,000 Series 1990 Mana2er 3/26/1990 Indian Trail Water Control District Roadway Improvement Refunding Sole Manager 1,415,000 Bonds Unit of Development No.1, Series 1990 3/2/1990 Northern Palm Beach County Water Control District Water Control and Co-Manager 12,100,000 Improvement Bonds, Unit of Development #31, Pro¡zram One, Series A 3/2/1990 . Northern Palm Beach County Water Control District Water Control Sole Manager 9,005,000 RefundinlZ Bonds, Unit of Development No. 11 * (") 0000 ~(") ~ ooz (0» OO~ 0 ~ < ~~~ -I o e(") 00 Z eo ez e;;u ;;u m m ~~~ ~ ~ OJI Z OJz OJ-I OJO - m z ~~~ ~ ~m;;u~ 0 ~I ~I ~~ G) 00 0 VVV ::a ~ -0 ^- ;;u -(") -^ -0 z (") 0 ~OO m m -Ie~;;u -~ -10 -I;::; -100 » I.....·· -I r -I -1\1 -I ~ ""U""U ~ m~»~ mF m^ mm r m 00 Omm m 00 0 (")-1 0 Oe OOJ o~ ~ 0 NZZ ~ o mô ~ 00 » 00 êJì e .þ..-- m ~ z z Ô (") 0 ...... ~ ~zz..... ê 0 m z ; e (") 00 .þ..øø ~ OJ ~ 0 » ~ » 0 e o-lo::a OJ ~ r ~ OJ 1-» (") » e ~ ~ ~ m ~ o~ (") o 0 00 0 0 (") 00 - O'1m-l 0 ~ ;;u z » ~ » oo:: Õ .. !1:1 z ;;u e m < - :j e m c-N-I » G) 00 :::¡ -I 0 OJ 0 oë:..J~ ro (") ~ 00 z ~ 0 » ::a n 0 -I ;;u 00 :::¡ ~ »rt !:iI!I o m -I :u () (") g ~ ~ m ~ ~I -I ~ ex> ." t'I:j N 0 "'tI Z (")~~~w:I! 8::a ~ o 0xIOwm 0'1 ~ -I Z.. 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Z lJ en en en en enz ~;I!ên~ lJ mfj¡iri r m ~ ozo :t1 c- w -- "TIm"'" w-lz OJ oeno m .......mo r ;;cen::tl 0 ~~ . m s:~s: s: 0 w.... 0 ~ s: Z :Þ 0 0') z en CONSULTANT AGREEMENT FOR FINANCIAL ADVISOR SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and RBC DAIN RAUSCHER. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, tenns, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perfonn CONSUL T ANT servIces III connection with the project designated FINANCIAL ADVISOR SERVICES. 2. SCOPE OF SERVICES. Consultant agrees to perfonn the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. PAYMENT. The CITY shall pay FINANCIAL ADVISOR in accordance with the Fee Schedule, pursuant to Attachment A, which is attached hereto as part of this agreement. 4. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be pennitted to retain copies, including reproducible copies, of drawings and specifications for infonnation, reference and use in connection with Consultant's endeavors. 5. COMPLIANCE WITH LA WS. Consultant shall, in perfonning the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 6. INDEMNIFICATION. Consultant shall indemnify, defend and hold hannless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 7. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$I,OOO,OOO. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. CA 1 8. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 9. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work perfonned by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERMINATION. a. The City reserves the right to tenninate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the tenns of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 14. DISPUTES. Any dispute arising out of the tenns or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. CA 2 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _ day of ,20_ CITY OF BOYNTON BEACH City Manager Consultant Attestl Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA 3 EXHIBIT "A" Fee Schedule Attached Scope of Services Attached CA 4 '- I I 51 cj ~ .> 0== ~í t cv~ .!!'5 0 o E·- !5cv ,e' 0== m ~(JJ q~8 - -B I! :¡:o 13 '" '2 Ë:Æ !§~ s IO~N ~ I .a N .... 8i m c ,... ~ mO ESC C Zm C) "t:-ð >-m '" CD ........^ E ~ ~¡f C) N ~ o I!!I-" 8 ~ ~! J ~ _m~õ'E '88 ~ 8-ci a.. &~;Bjl CD CD 0 .!/ éiŠ > a¡ ....: I:::!. ~c .5 u..~t! I: ~ ~ .5~~ . 1\1 C) Üü ID . 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Upon written notice from the City, the Financial Advisor shall perform the following services subject to the conditions and in consideration of payments as hereinafter set forth: 1. PLANNING AND DEVELOPMENT PHASE a. Research and advise on aspects of tax exemption and arbitrage in cooperation with the City's legal counsel and bond counsel. Assist in obtaining Internal Revenue Service rulings, if necessary. b. Assist in the preparation and analysis of feasibility studies in cooperation with City Officials and administrative staff, bond attorneys, accountants, architects, engineers and other professionals as requested by the City. c. Carefully analyze the financing to determine the best methods of strengthening its marketability consistent with current economic and capital market conditions and increasingly stringent rating agency criteria. This may involve the use of municipal bonds, insurance, surety bonds, letters of credit or other credit enhancement devices. d. Perform a comprehensive analysis to determine the best possible plan to finance. e. Consult with Moody's, Standard & Poor's or Fitch with regard to the proposed financing and assist in obtaining the most favorable rating possible. Prepare the City thoroughly for any necessary rating presentations and participate in those meetings. f. Provide assistance and recommendations with the selection of ancillary service providers such as registrar, trustee and printer. g. Act as a liason with bond counsel and coordinate other professionals providing information in connection with the proposed financing. h. Prepare a timetable of events for all concerned leading to the successful sale and delivery of an offering. l. Testify at validation hearings, as requested. 3 2. MARKETING PHASE: . a. Advise on the appropriate terms and conditions of the sale, including maturity schedule, underwriter discount, redemption proVIsIons, interest rate bidding requirements and basis for award. b. Advise on the timing of the bond sale, taking into consideration such factors as changing economic conditions, current and projected market trends and convenience to the City. c. Coordinate with bond counsel the preparation of authorizing resolutions and other documents involved in the sale of bonds or other methods of financing. Assist in publicizing the issue in advance with an Official Statement, Notice of Sale, Bid Forms and such other means necessary and advisable to develop nationwide public and institutional interest. d. Assist the City in meeting :full disclosure requirements and conforming to suggested guidelines when preparing the Official Statement either as an advisor or principal author. e. Distribute the Official Statement to potential purchasers of the City's· securities across the nation. Directly contact those lead underwriters most likely to be syndicate managers. Maximize efforts to market the City's debt issuance most effectively. f Conduct inforttlational meetings with the investment community, including investment bankers (dealers and dealer banks) and institutional investors (banks, bank holding companies, and insurance companies), if necessary, to establish bidding interest on the offering. g. Advertise any competitive bid, bond sale in nationally prominent financial publications, in addition to coordinating local publication requirements. h. ill the event of a competitive bid, attend the bid opening to assist with the verification and evaluation of bids and recommend the most favorable bid for award. 3. BOND CLOSING PHASE: a. Direct bond-closing details, including coordination with bond counsel in order to ensure delivery in the shortest possible time .trame. b. Furnish prompt, complete reinvestment analysis so that maximum earnings will result .trom investing bond proceeds, in addition to assisting staff and the architect/engineer with establishing schedule for drawdown of finds, if any. 4 c. Direct, coordinate and supervise preparation of the transcript and provide the City ~th bond and interest records showing required semiannual payments and other infonnation relevant to the completed financing. . . d. Solicit bids on investment of idle funds, if requested. B. WORK PRODUCTS: The financial Advisor shall provide the following work products for each competitive and negotiated debt offering. 1. Presale Analysis 2. Offering Statement 3. Postsale Analysis 4. Such other analyses, cash flow projections and materials necessary for financial planning and bond sale purposes. C. OTHER SERVICES: 1. Assist the City in meeting arbitrage regulations, including preparation of arbitrage rebate calculations. 2. Assist the City in such non-debt offering areas of financial management as the City may from time to time request pursuant to the Request for Proposal 3. Attend City Commission meetings and other scheduled City meetings as requested, with reasonable advance notice. 5 VI.-CONSENT AGENDA ITEM C.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form I\lust be Turned Requested City Conmlission Date Fina] fonn Must be Turned M eetiDgJ)ates ill~Gty Clerk lQffice i',leet ingj2<!Le§ in to City Clerk' 5 Office .::y >--"..--1 D D ~< April 5,2005 Mareh ]4,2005 (Noon.) June 7,2005 I\lay ] 6, 2005 (Noon)~.~ --' ~ :-=~ :---.7 ---:! ---;. r April 19,2005 April 4, 2005 (Noon) D June 2],2005 June 6. 2005 (Noon) ." CD , :.....=-) c.' .~ .--... fiI D July 5, 2005 June 20,2005 (Noon) - May 3, 2005 Apri] 18,2005 (Noon) -'c'} -< . ~ .;) D May ]7,2005', May 2, 2005 (Noon) D July) 9,2005 July 5, 2005 (Noon) ~__~._,I ~::.:o , , ~,~ì I,.' --~-:> C'> -~- ,- i - ~ c""'} D Admimslrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business 0 /umouncement D Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Task Order No.3 for $252,200 to Brown and Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program, within the context of a strategic implementation plan, and an evaluation of the water system options afforded the City by way of the water system interconnection with Palm Beach County Utilities. EXPLANA nON: On December 2 J, 2004 the City of Boynton Beach entered into a five-year bulk potable water purchase agreement to receive up to 5 MGD. Section 8 of the Agreement provides the City with the option of extending the agreement up to 25 additional years and purchasing up to 8MGD. In order to exercise the option of extending this agreement, the City must notify Palm Beach County Utilities of a commitment to extend the agreement by December J, 2005. The broader objective of this effort is to secure sufficient potable water capacity to address the future needs of Boynton Beach Utilities Department customers. As this decision will represent a major, long-term investment for the City, Brown and Caldwell has been asked to undertake a Business Case Evaluation of the City's options. Said options include, but are not limited to, the above- mentioned interconnection or a major investment in expanding the existing 'Vest Water Treatment Plant. The Business Case Evaluation approach produces sound, objective information that facilitates decision-making by providing a rational basis to compare options that have very different risk, cost and operating profiles. The resuJt will ensure that customers are provided the best, most cost-effective, long-term solution. The Business Case Evaluation process will also be used to review and prioritize the projects identified in the Utilities Department long-range Capital Improvement Plan (CIP), develop a Draft Capital Asset Plan and Business Case Template, and expand the CIP from its current 5-year window to a 7 to 10-year window. Capital projects currently listed in the CIP total more than $100,000,000. S:\BULLETIN\fORJ\1S\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The Business Case Evaluation process will assist the Department in developing a logical, fiscally sound, defensible long-term CIP that will improve implementation efficiency and minimize unnecessary and/or untimely costs. FISCAL IMPACT: :Fees for these services will be funded from Utilities Department Acct. . #401-5000-590-96-10 WTR017 (403) for water system projects, and . #401-5000-590-96-02 WTR017 (403),401-5000-590-96-04 SWROl1 (403), and 401-5000-590-96-09 STM028 (403) for wastewater, reclaimed water and stormwater capital improvements. ALTERNATIVES: An alternative to this project would consist of proceeding with the CIP as currently envisioned, with no benefit of financial analysis or implementation planning. ~ 4· ~-::-- ~~ Department Head's Signature City Manager's Signature Kofi A. Boateng, P.E. Kurt Bressner Director of Utilities Department Name City Attorney / Finance / Human Resources Utilities Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R05- oiS: 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 TASK ORDER NO.3 TO THE FIRM OF BROWN AND 6 CALDWELL TO PROVIDE A BUSINESS CASE 7 EVALUATION FOR THE UTILITIES DEPARTMENT 8 CAPITAL PROGRAM IN THE AMOUNT OF 9 $252,000.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, on December 21, 2004 the City of Boynton Beach entered into a five- 13 year bulk potable water purchase agreement to receive up to 5 MGD. There is also an option 14 to extend the agreement up to 25 additional years and purchase up to 8 MGD. In order to 15 exercise the option to extend the agreement, the City must notify Palm beach County of a 16 commitment to extend the agreement by December 1, 2005; and 17 WHEREAS, as such, Brown and Caldwell has been asked to undertake a a Business 18 Case Evaluation ofthe City's options; and 19 WHEREAS, the City Commission, upon staff s recommendation, has deemed it 20 appropriate and in the best interests of the public to approve Task Order No.3 in the amount 21 of $252,000 with Brown and Caldwell to provide a Business Case Evaluation for the 22 Utilities Department Capital Program within the context of a strategic implementation plan, 23 and an evaluation of the water system options afforded the City by way of water system 24 interconnection with Palm Beach County Utilities. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CAIRESOlAgreementsITask . Change OrderslBrown and Caldwell Task Order 3.doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution of Task Order No.3 in the amount of 6 $252,000.00 with Brown and Caldwell to provide a Business Case Evaluation for the 7 Utilities Department Capital Program within the context of a strategic implementation plan, 8 and an evaluation of the water system options afforded the City by way of water system 9 interconnection with Palm Beach County Utilities. 10 Section 3. This Resolution shall become effective immediately upon passage. 11 PASSED AND ADOPTED this _ _ day of ,2005. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 Commissioner 29 30 ATTEST: 31 32 33 City Clerk 34 S:\CA\RESO\Agreements\Task - Change Orders\Brown and Caldwell Task Order 3.doc Memorandum To: Kofi Boateng, P.E., Boynton Beach From: N em Gomez, Brown and Caldwell Date: April 20, 2005 Subject Business Case Evaluation for Utilities Department In response to the City Commission question regarding the option of soliciting proposals for the subject professional consulting services from another consultant, the following rationale should be used to accept the Proposal submitted by Brown and Caldwell: · Brown and Caldwell has proven, national expertise with use of Business Case Evaluation to enable capital project decision making. Our use of this technique has saved our clients millions of dollars. · Serving as Utilities Department Interim Director since May 18, 2004, Brown and Caldwell staff has developed an intimate knowledge of the Utilities Department operations and Capital Improvement Projects. We are also familiar with the Department's issues and priorities. Introducing another consultant into this process would require a considerable effort towards familiarization with the system, and a corresponding amount of time would be spent on assimilating this knowledge. · Many of the planned projects are time sensitive and cannot tolerate delays in the prioritization and implementation of the City's Capital Improvements Program. Delays would not only impact the capital projects but it might also jeopardize deadlines for commitments to Palm Beach County, associated with the potable water interconnection at the West Water Treatment Plant. · We recently conducted an Organizational Assessment for the Utilities Department. In the course of this assessment, we identified a number of issues with the previous plans for water supply and treatment. We believe that a critical review of the options through Business Case Evaluation will result in the selection of the best option for the City's long term interests considering life cycle costs, risks and benefits of all options. Our development of a prioritized Capital Improvement Plan will define when projects should be built allowing for orderly and timely implementation. · Several critical capital projects deal with the City's potable water system, and its ability to deliver water to the rapidly increasing number of customers. Since September 7, 2004, Brown and Caldwell has been working to develop a computerized water system model for use in identifying improvements needed in the system, in order to continue delivering potable water. Several months of water system data collection and analysis have been devoted to this effort. Another consultant would need to repeat this effort, and would not represent an efficient use of the City's resources. Please do not hesitate to contact me if you have any questions. TASK ORDER No.3 RoS-obS"" APPLICATION OF BUSINESS CASE EVALUATION FOR THE CITY OF BOYNTON BEACH UTILITIES DEPARTMENT CAPITAL PROGRAM Background Tb~ Utilities Department has devel0pFd <:Ul ext:ensive Capital Improu~mFvt Program that contains a number of significant projects, with long-term implications for costs and rates. Amongst the improvements are upgrade and/or expansion of both the East and West Water Treatment Plants. These projects have been proposed, in part, to meet projected future demands caused by increasing development densities in the City and changes in the source of raw water supply triggered by new permit requirements from the South Florida Water Management District (SFWMD). These projects will have a significant impact on long-term debt service, operations and maintenance costs for the City. One objective of this project will be to develop a broad, strategic context for the orderly delivery of the Capital Projects. A Business Case Template will be developed as a tool for achieving this goal. Also to be considered is the opportunity for long-term bulk water purchase from Palm Beach County, potentially in lieu of one or more of the capital projects mentioned above. Prior to moving forward with these projects, a Business Case Evaluation (BCE) will be conducted by Brown and Caldwell (Engineer). BCE is a process that has been developed and applied, following sound and proven principles of asset management. The essential features of BCE are as follows: A clear defmition of the underlying needs and drivers for the project - What issuers) is this prqject addressing? c:\documents and settings\gomem\my documents\bce proposal- rev 03-28-05 (3).doc 1 A thorough identification of alternatives that address the issues- What options (including outside options, such as purchasing water from Palm Beach County) address the issues? Critical review of the universe of options identified and elimination of any options that have fatal flaws -Are a'!Y oPtions Ùifeasible for technical, economic or political reasons or do a'!Y options not completelY address the prqject issues? A life cycle cost analysis of the remaining options - Quantify capital, operations and maintenance (O&M) and refurbishment costs for each option over its entire life rycle. Identification and quantification (to the extent possible) of benefits produced by each option - Benefits are articulated in the context if achieving customer level if service expectations Identification and quantification of risks associated with each option - What risks does each option pose and what is the associated risk cost? A present value analysis of the options - Present value is an economic evaluation that allows the comparison if options with differing useful lives and cost functions (lower capital, higher O&M vs. higher capital and lower O&M). In addition, risk cost and benefits are included in the analYsis if thry can be quantified The BCE approach produces sound. objective information that facilitates decision-making by providing a rational basis to compare options that have very different risk. cost and operating profiles. BCE applies fundamental economic principles that have been used by private industry to evaluate capital proposals for decades. It has recently been applied to public agency water and sewer projects in Seattle, W A, Sacramento, CA and Asheville, NC. Using BCE will allow Boynton Beach to objectively evaluate the proposed Utilities Department water supply and treatment capital improvement program by providing sound, comparable information to decision-makers for defensible options that vary significantly. This will ensure that customers are provided the best, most cost-effective, long-term solution. In addition to the BCE, the City desires to produce a prioritized Capital Improvement Program of water, wastewater and reclaimed water projects for c:\documents and settings\gomezn\my documents\bce proposal- rev 03-28-05 (3).doc 2 the Utility Department. All proposed capital projects will be subjected to a multi-step process, which will result in a prioritization of projects and a 7 to 10- year ClF, based on that prioritization. The results of the BCE for the water supply and treatment options will be used to define which projects are constructed and will provide input to the prioritization process. The prioritization process defines when projects will be constructed. Scope of Work Part 1 - Business Case Evaluation (BCE) / Long- Term Water Supply Task 1 - Kickoff Meeting with Business Case Team (BCT) . (The Business Case Team will consist of City staff, familiar with the issues pertaining to this project.) 0f?jectives: Engage the City's representatives in an effort to achieve consensus on the issues, confirm project goals and define project success. Activities: 1. The Engineer will assemble available background information and will generate all exhibits and written material to be used during the meeting. 2. The Engineer will meet with members of the BCT to review said materials and explain how Business Case analyses are conducted. 3. A draft outline of Business Case practices will be distributed and discussed, and an example of a simple business case will be provided. Based on these activities and discussions, consensus will be achieved with regard to project issues, project goals and critical success factors. 4. The issues discussed and the resultant path forward for the project will be captured in the form of a Meeting Summary memorandum and will be included in the Final Report. Deliverables: The deliverables for this task will consist of the development of meeting materials, facilitating the kick-off meeting and generating draft and final Meeting Summary memoranda. Task 2 - Development of Business Case Template Of?jectives: The objectives of this task include the development of a Business Case Template and discussion on its intended use for this project. c:\documents and settings\gomezn\my documents\bce proposal- rev 03-28-05 (3).doc 3 Activities: 1. Based on the results of the Kick-off Meeting, the Engineer will develop the draft Business Case Template and will distribute same to the BCT for review and comment. The template will include requirements for the Project Development Plan, cost/benefit analysis, benefits definition and net present value calculations. 2. A question and answer session to address questions and comments pertaining to the Business Case Template will be conducted via telephone conference, if necessary. Deliverables: The deliverables for this task will be participation in a telephone question and answer session (if needed), and draft and final Business Case Template docu!pents .for use during tne proiect. Task 3 - Information Request for Business Case Analysis Ol?jectives: The objectives of this task are to collect and organize information pertinent to this project, developed by Department staff and other consultants. Activities: 1. Engineer will meet with Utilities Department to review, collect and organize information developed by others, including studies, preliminary engineering reports, preliminary designs and cost estimates. This data will serve as the basis for the Business Case Evaluation. Deliverables: The deliverables for this task will be draft and final tabulations of information collected for use on this project and for inclusion in the Final Report. Task 4 - Project Alternatives Workshop 0l?jectives: Identify and achieve consensus on the alternatives to be analyzed during this project. Activities: 1. Engineer will develop materials and exhibits, and will facilitate a one-day workshop with the BCT to discuss, explore and defme alternatives to the water supply and treatment projects agreed upon under Task 3, above. 2. Utilizing Business Case Evaluation tools and criteria established by the BCT, the selected alternatives will be evaluated for feasibility, life cycle cost, benefits, implementation feasibility, regulatory acceptance and c:ldocuments and settingslgomeznlmy documentslbce proposal- rev 03-28-05 (3).doc 4 publici customer impact. The results of this workshop will be used in the subsequent stages of the project. Deliverables: The deliverables for this task will be draft and final summary memoranda, capturing the workshop discussions and presenting a path forward. Task 5 - Life Cycle Cost Analysis Oqjectives: To perform cost/benefit analysis on the alternative project selected during the Workshop conducted under Task 4, above. Activities: 1. Engineer, working with the BCT, will prepare a life cycle cost/benefit analysis for the selected projects and the top three (3)-ranked alternative projects. 2. Benefits will be quantified to the maximum possible extent and defined qualitatively, where quantification is not feasible. 3. A question and answer session to address questions or concerns from the BCT will be facilitated via telephone conference call, if needed. Deliverables: The deliverables for this task will be participation in a telephone conference call (if needed), and draft and final Summary Memoranda, presenting the results of the cost analysis. Task 6 - Net Present Value Analysis Oqjectives: Develop Net Present Value analysis based on information and activities conducted thus far in the project. (The products of this Task will be used by the BCT for help in identifying the most critical, cost-effective projects.) Activities: 1. Engineer will review the information gathered thus far, will use the Life Cycle analysis to prepare a Net Present Value analysis and will prepare the Business Case for the projects selected by the BCT. The Business Case documents will be in the form of individual Technical Memoranda for each of the projects. These memoranda will be submitted to the City for review and comment. 2. A question and answer session to address questions or concerns on the part of the BCT will be conducted via telephone, if needed. c:\documents and settings\gomezn\my documents\bce proposal- rev 03-28-05 (3).doc 5 Deliverables: The deliverables for this task will be a question and answer session (if needed), and draft and final Business Case Techrúcal Memoranda. Task 7 - Project Results Workshop and Final Report O':jectives: Review each Business Case Analysis with the BCT, address final questions, and identify any revisions needed prior to generating the Final Report. Activities: 1. The Engineer will prepare materials and exhibits, and will facilitate a one-day Project Results Workshop. 2. The Business Case Analysis for each project will be presented and reviewed with the BCT. 3. Modifications to the Business Cases resulting from discussions and observations during the workshop will be noted and incorporated into the Final Report. Deliverables: The deliverable for this task, and Final Deliverable for this project, will be a project Business Case Evaluation Final Report. Part 2 - Prioritized Capital Improvement Program Task 1- Collection of Project Information O':jectives: Collect, organize and review available information provided by Utilities Department staff. Activities: 1. Engineer will collect, review and compile existing information pertairúng to capital projects greater than $500,000 in size from readily available sources, such as studies, preliminary engineering reports, master plans, design basis reports, concept designs, etc. 2. Utilities Department staff will provide this information. Materials collected under this Task will be used to facilitate Task 2. Deliverables: The deliverable for this task will be draft and final candidate project lists, including project names, project objectives and forecast capital costs. c:\documents and settings\gomezn\my documents\bce proposal - rev 03-28-05 (3 ).doc 6 Task 2 - Prioritization Criteria & Workshop No.1 Oqjectives: Develop and achieve consensus on a preliminary list of project prioritization criteria, along with a "rating system" that will be applied to said criteria to facilitate the decision-making process. Activities: 1. Engineer will develop a preliminary list of prioritization criteria, such as regulatory compliance, reliability, cost of service, water and wastewater quality and quantity, safety and stakeholder confidence, and a rating system in order to apply the criteria. 2. Engineer will prepare materials and exhibits, and will facilitate a half-day workshop with City staff t(, review and refine tt...e selection criteria and· rating system, and to finalize the candidate project list. Deliverables: The deliverables for this task will be draft and final Summary Memoranda of the workshop discussions, a refined criteria, rating system, and final candidate project list. Task 3 - Analyze Available Project Information Oqjectives: Generate a preliminary "rating" for each candidate project. Activities: 1. Engineer will review and analyze available information for the candidate projects relative to the prioritization criteria established under Task 2, above. 2. This information will be used by the Engineer to prepare a preliminary rating for each candidate project. 3. Gaps in available information will be identified and appropriate City staff will be requested to fill said gaps. Deliverables: The deliverables for this task will be a preliminary list rating the projects and a list of information gaps. Task 4 - Preliminary Prioritization & Workshop No.2 0l?/ectives: Achieve consensus regarding the "rating" for each project, relative to the established prioritization criteria (from Task 2). Activities: c:ldocuments and settingslgomeznlmy documentslbce proposal- rev 03-28-05 (3).doc 7 1. Engineer will prepare materials and exhibits, and will facilitate a half-day workshop to review and confirm the preliminary prioritization list with City staff. The goal of the workshop will be to reach a consensus view of the rating for each project relative to the prioritization criteria. Business Case Evaluation tools developed under earlier Tasks in this project will be used here. Deliverables: The deliverables for this task will be draft and final Summary Memoranda of the workshop discussions and a final list of prioritized projects. Task 5 - Draft CIP O~jectives: Develop a Draft ClP, listing projects identified, u~ing the Business Case Evaluation process and a Long-Range Conceptual Asset Plan Template. Activities: 1. Engineer will use the prioritized list of projects to prepare a draft 7 to 10-year ClP. Project sequencing and relationships will be considered in developing the program. In addition. affordability. reasonable implementation schedules and logistical issues will be considered. 2. Engineer will develop a Long-Range Capital Asset Plan Template, which will provide the context for the ClP and a roadmap for moving forward. The Conceptual Asset Plan Template will identify the relationship between the ClP, an asset management program and a condition assessment program as a means toward sustainable infrastructure. Preliminary implementation schedules and first order budgets for major program components will be included. Deliverables: The deliverable for this task will be a draft 7 to 10-year ClP and a Draft Long-Range Conceptual Asset Plan Template. Task 6 - Draft CIP Review - Workshop No.3 O~jectives: Review the Draft ClP prepared under Task 5, address comments and/ or concerns and achieve consensus on the sequence and scheduling of the projects. Activities: 1. Engineer will prepare material and exhibits, and will facilitate a half-day workshop with City staff to review the draft ClP. c:\documents and settings\gomezn\my documents\bce proposal - rev 03-28-05 (3 ).doc 8 2. City staff will have an opportunity to ask questions and offer comments concerning the project, and will be asked to reach consensus regarding the sequence and timing of projects in the ClP. Deliverables: The deliverables for this task will be draft and final a Summary Memoranda of the workshop discussions. Task 7 - Final CIP and Presentation 0i?jectives: Develop and present the Final 7 to 10-year ClP and Conceptual Asset Plan Template for the Utilities Department. Activities: 1. Based on the input received in Workshop No.3, Engineer will prepare the final ClP. 2. Engineer will present the final ClP to City Manager and Commission. Deliverables: The deliverables for this task will be the Final 7 to 10-tear ClP, Final Long-Range Conceptual Asset Plan Template, and the presentations to the City Manager and City Commission. Contract Reference The subject Task Order will be performed in accordance with terms and conditions contained in the Brown and Caldwell Professional Consulting Services Agreement of November 18,2003. Additional Services Additional services requested by the City may be provided under an amendment to this Task Order, or under separate Task Order. Obligations of the City The City will provide information and documentation pertinent to this project within fifteen (15) calendar days from request by Brown and Caldwell. c:\documents and settings\gomezn\my documents\bce proposal- rev 03-28-05 (3).doc 9 It is also anticipated that the review process for draft documents submitted for this project will be completed within fifteen (15) calendar days. Schedule It is anticipated that the effort for Part 1 will be concluded within one hundred twenty (120) days after receipt of a Notice to Proceed (NTP) and Part 2 will be concluded witlún one hundred sixty (160) days after a NTP. Individual Tasks will be completed witlún the stated number of days following the NTP as follows: Part 1 - BCE Task 1 - Kick-Off MeetIng is days Task 2 - Business Case Template 20 days Task 3 - Information Request 20 days Task 4 - Project Alternatives Workshop 45 days Task 5 - Life Cycle Cost Analysis 75 days Task 6 - Net Present Value Analysis 100 days Task 7 - Results Workshop & Report 120 days Part 2 - Prioritized CIP Task 1 - Project Information Collection 15 days Task 2 - Prioritization Criteria & Workshop No.1 30 days Task 3 - Analyze Project Information 60 days Task 4 - Preliminary Prioritization & Workshop No.2 90 days Task 5 - Draft CIP 130 days Task 6 - Draft CIP Review - Workshop No.3 140 days Task 7 - Final CIP 160 days Compensation The budgets for each Sub-task and corresponding percent value are as follows: Part 1 - BCE Task 1 - Kick-Off Meeting $ 7,500 (05%) Task 2 - Business Case Template $ 5,000 (03%) Task 3 - Information Request and Analysis $19,200 (12%) Task 4 - Project Alternatives Workshop $33,400 (20%) Task 5 - Life Cycle Cost Analysis $55,400 (34%) c:\documents and settings\gomezn\my documents\bce proposal - rev 03-28-05 (3 ).doc 10 Task 6 - Net Present Value Analysis $18,500 (11 %) Task 7 - Results Workshop and Report $25,600 (15%) Part 1 Total Fees = $164,600 Part 2 - Prioritized CIP Task 1 - Project Information Collection $15,500 (18%) Task 2 - Prioritization Criteria & Workshop No.1 $ 9,500 (11 %) Task 3 - Analyze Project Information $ 9,800 (11 %) Task 4 - Preliminary Prioritization & Workshop No.2 $11,000 (13%) Task 5 - Draft CIP $20,800 (23%) Task 6 - Draft CIP Review - Workshop No.3 $ 7,800 (09%) Ta;:;k 7 - Final CIP $13,200 (15%) Part 2 Total Fees = $87,600 Compensation for services rendered under this Task Order No.3, Part 1 is based on a Lump Sum Fee of $164,600. Compensation for services rendered under this Task Order No.3, Part 2 will be based on a Lump Sum_Fee of $87,600. The grand total Lump Sum Fee for Task Order No.3 is $252,200. MontWy invoices will be based on "percent complete", in accordance with individual sub-task values listed in this section. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this day of ,2005. SUBMITTED BY: BROWN By: Ronald M. sh,P.E. 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Õ - :~ õ 5 b E <I'j e .5 ~ c.8 e.. ~ ~ e § ;>0 ~ .¡: <::I .~ .& 5 ~ ·~·ë 'ë E._ ~ ~ a -;; -g .!:! ~ E ] t: e·t ~ cfctõü:ò:~ ~ ~;§ :'<.3ud~~~ ~ ~ u=o. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2. AGENDA ITEM REQUEST FORNI 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 D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) ~ May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: I recommend that a memorandum of understanding be approved with the PBA to raise officers' compensation for off-duty details. EXPLANATION: Officers that work off-duty details get compensated at a flat rate oftwenty-five dollars per hour and thirty if a patrol vehicle is used. We are requesting an increase in the detail rates to thirty-three dollars per hour and thirty-seven when a patrol vehicle is requested. In all cases the officer will receive thirty dollars per hour. PROGRAM IMP ACT: This will assist in attracting officers to work off-duty details. FISCAL IMP ACT: Currently we recover no costs incurred by the city except for vehicle use. This modification will address costs that can be recovered by the city. ALTERNATIVES': None /" / JJ~ .' / ;37 / .' .j;:/ --.. . / /~~~---- ¿ Dep ent Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R05 - 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING A MEMORANDUM OF 6 UNDERSTANDING BETWEEN THE CITY OF 7 BOYNTON BEACH, FLORIDA AND THE PALM 8 BEACH COUNTY POLICE BENEVOLENT 9 ASSOCIATION (PBA) TO INCREASE THE RATES 10 CHARGED FOR OFF DUTY DETAILS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the City of Boynton Beach and the Palm Beach County Police 14 Benevolent Association (PBA) propose to increase the rates currently charged for off duty 15 details which will attract more officers for the details and allow the City to recover some of 16 its costs incurred for off duty details; and 17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 18 the best interests of the residents and citizens of the City to ratify this Memorandum; 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confinned by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby ratify the Memorandum of Understanding between the City of Boynton Beach and 27 the Palm Beach County Police Benevolent Association (PBA) attached hereto and made a 28 part hereof. 29 Section 3. This Resolution will become effective immediately upon passage. 30 S:\CA \RESO\Agreements\BBPD\MOU - Off Duty Detail Rates.doc 1 PASSED AND ADOPTED this _ day of May, 2005. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 S:\CA\RESO\Agreements\BBPD\MOU - Off Duty Detail Rates.doc MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") enter into this Memorandum of Understanding to clarify and modify the provisions of the three (3) current collective bargaining agreements between the City and the PBA (Officers and Detectives unit, Sergeants unit, and Lieutenants unit) and agree as follows: 1. The City will increase the rate charged to third parties for the use of an off- duty officer, payable to the City as follows: Officer without a vehicle- from $25.00 per hour to $33.00 per hour Officer with a vehicle- from $30.00 per hour to $37.00 per hour In all cases, the Officer will receive $30.00 per hour for working the detail. 2. This Memorandum will become effective the date it is ratified by both the City Commission and bargaining unit. ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk Kurt Bressner, City Manager Approved as to fonn: James A. Cherof, City Attorney PALM BEACH COUNTY POLICE BENEVOLENT ASSOICATION Approved as to fonn: Lawrence Fagan, PBA Attorney Ernest W. George, President Date ratified by CITY ,2005 Date ratified by Bargaining Units ,2005 C:\Documents and Settings\grahams\Local Settings\Temporary Internet Files\OLK25\PBA off-duty detail rates MOU.rtf VII-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM CI31 AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission Meetinq Dates Turned in to City Clerk's Office, -~ Dates Office '-. '.' ~ '. ." "'~~í ~! --j _..~.... ::;:::c_. " D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 -0 " May 16, 2005 (Noon) :::1.:J "-S.J -- .-¡ ",-:-) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) ..¡;-- -, ;:::- ,'; --I [8J May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) ::: r-· ·:~z. C) '1- D May 17, 2005 D July 19, 2005 ~V-I May 2, 2005 (Noon) July 5, 2005 (Noon) C) -- fTi (-..)~ c;;¡ , .'- . . . ('") ::c D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Staff recommends the approval of a Lease agreement between The Boynton Beach Faith Based Community Development Corporation, and the City of Boynton Beach for the property located at 2191 N. Seacrest Boulevard. EXPLANATION: The City of Boynton Beach has made the above property available for a non-profit organization interested in furthering community development. The Boynton Beach Faith Based Community Development Corporation has been in existence for more than five years. This "grass roots" Community Based Development Organization carries out neighborhood revitalization efforts that have a positive impact on the Community and help to stem the decline of the target area. PROGRAM IMPACT: This office will be used to provide much needed space to enable the CDC to fulfill its mission of providing services for the low and moderate income residents in the community FISCAL IMPACT: None to the City of Boynton Beach. ALTERNATIVES: ~ ~ ~epa~ H d's si9nfi." City Manager's Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources S:\Community Improvement\Agenda Requests\2005\CC5-3-052191 NSeacrest Lease.dot 1 RESOLUTION ROS- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE MAYOR TO EXECUTE A 6 LEASE AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH 8 FAITH BASED COMMUNITY DEVELOPMENT 9 CORPORATION AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Staff recommends the approval of a Lease Agreement 13 etween The Boynton Beach Faith Based Community Development Corporation and the 14 ity of Boynton Beach for the property located at 2191 North Seacrest Boulevard; and 15 WHEREAS, the City has reentered the property and has made it available for a 16 on-profit organization interested in furthering community development; and 17 WHEREAS, this Community Based Development organization carries out 18 eighborhood revitalization efforts that have a positive impact on the target areas. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "WHEREAS" clauses are true and correct and 22 ereby ratified and confinned by the City Commission. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 ereby authorize and direct the Mayor and City Clerk to execute a Lease Agreement 25 etween the City of Boynton Beach and The Boynton Beach Faith Based Community 26 evelopment Corporation, a copy of which Agreement is attached hereto as Exhibit "A". 27 Section 3. This Resolution will become effective immediately upon passage. 28 1 2 PASSED AND ADOPTED this _ day of May, 2005. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 TTEST: 21 22 ity Clerk 23 24 Corporate Seal) 25 26 :ca\Reso\AgreementlFaith Based Comm. Develop Lease Agreement 27 LEASE AGREEMENT THIS IS A LEASE AGREE1\'IENT, made this _ day of , 2005, by and between: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and operating pursuant to the laws of the State of Florida, with an address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida, hereinafter referred to as "LESSOR"; and FAITH BASED COMMUNITY DEVELOPMENT CORPORA TION, hereinafter referred to "LESSEE"; For and in consideration of the rents reserved and the agreements and covenants herein contained, the LESSOR does hereby lease and demise unto the LESSEE, and the LESSEE does hereby hire and take from the LESSOR, the vacant parcel of land specified below (hereinafter the "Property") upon the tenns and conditions set forth herein. 2191 No. Seacrest Blvd. Boynton Beach, Florida ARTICLE I. FUNDAMENTAL LEASE PROVISIONS LESSOR Name: City of Boynton Beach Address: 100 East Boynton Beach Blvd., Boynton Beach, Florida Telephone No.: 561/742-6000 Facsimile No.: 561/742-6011 LESSEE Name: Boynton Beach Faith Based Community Development Corporation Address: 428 NW 3Td Ave., Boynton Beach, Florida 33435 Telephone No.: Facsimile No.: Property: See legal description attached as Exhibit "A". Lease Term: One (1) Year Plus two (2) one (1) year options to extend this agreement Monthly Base Rent: $1.00 Permitted Use: Offices and Administration uses. The use is to be limited to activities to further community redevelopment. Page 1 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc Lease Effective Date: The date upon which the last party to execute the Lease shall be deemed to be the Lease Effective Date. Term Effective Date: The date on which the LESSOR and LESSEE execute this Lease which shall entitle the LESSEE to full access and possession of the leasehold property subject to the rent commencement provision set forth below. Rent Commencement Date: LESSEE shall be obligated to commence rental payments upon the Lease effective date and monthly on the 1 st day of each month thereafter. ARTICLE II. DEFINITIONS The following definitions shall apply: A. BASE RENT: The Base Rent to be paid by LESSEE pursuant to the provisions herein. B. THE PROPERTY: The building and associated improvements, located at 2191 No. Seacrest Boulevard, Boynton Beach, Florida, and more particularly described and depicted on Exhibit "A". C. HOURS OF OPERATION: LESSEE may designate its own hours of operation between the hours of7:00 a.m. through 10:00 p.m. Seven days a week. There shall be no hours of operation outside the pennitted hours of operation provided herein. ARTICLE III. RENT AND OTHER CHARGES A. MONTHLY BASE RENT: LESSEE shall pay in advance to the LESSOR, without prior demand, in lawful money of the United States, on the first day of each month, without any deduction or off-set whatsoever throughout the tenn of this Lease, the sum specified as Base Rent under Article I. Such payment shall be made at the office of the LESSOR as set forth in Article I or at such place LESSOR may rrom time to time designate by written notice directed to LESSEE at the Property. B. TAXES: LESSEE acknowledges that it shall be responsible for the payment of any and all real property taxes, if any, as well as any special assessments imposed against the leasehold Property. LESSEE shall further pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the Tenn hereof upon all LESSEE'S leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Property. In the event any or all of LESSEE'S leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed with the real property, LESSEE Page 2 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/2 1105 shall pay to LESSOR its share of such taxes within ten (l0) days after delivery to LESSEE by LESSOR of a statement in writing setting forth the amount of such taxes applicable to LESSEE'S property. LESSEE shall at all times be further responsible for all applicable taxes, if any, including, but not limited to, Florida Sales Tax arising out of or associated with this Lease Agreement. LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased Property or to the improvements thereon, including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the subleased Property. C. INSURANCE: LESSEE shall be required to obtain insurance as set forth in Article VII set forth herein and to identify LESSOR as an additional insured. D. UTILITY CHARGES: LESSEE shall be solely responsible for and shall promptly pay all charges for heating, air-conditioning (including a maintenance contract), electricity, telephone, water, sewer, gas, janitor service and refuse removal and all other services and utilities and shall also pay all costs and expenses for the installation of such Utilities and for the extension of any and all lines necessary to provide such Utilities and services to the Property, and all connection fees, assessments and charges related thereto. ARTICLE IV. PROPERTY A. QUIET ENJOYMENT: LESSOR covenants and agrees with LESSEE that so long as LESSEE complies with the tenns of this Lease, LESSEE shaU have quiet and undisturbed continuous possession of the Property for the Lease tenn. B. USE OF THE PROPERTY: During the entire Lease Tenn, and all extended tenns thereof, the Property must be used and occupied for the sole use specified under Article I and for no other purpose or purposes. C. PERMITS AND LICENSES: LESSEE shaU procure at its sole expense any and all pennits and licenses required for the transaction of business in the Property and will at all times comply with all applicable laws, ordinances and governmental regulations relating to the business of LESSEE conducted at the Property. D. MAINTENANCE: 1. By LESSEE: LESSEE shall at all times keep and maintain the Property in good order, condition and repair. LESSEE shall maintain the exterior of all structures and all exterior fixtures and improvements. LESSEE shall keep aU parking areas free of debris. LESSEE shall maintain all landscaping on the property. 2. By LESSOR: None Page 3 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 E. ACCESS: LESSOR shall have right of access to the land and Property during operational hours, without notice to LESSEE, for the purpose of inspecting for compliance with the terms of the Lease. F. EASEMENTS: LESSOR reserves all rights to the air space over and under the Property. G. IMPROVEMENTS: LESSEE shall have the right to fully equip the Property with administrative office equipment, lighting fixtures, furniture, operating equipment, furnishings, floor coverings and any other equipment necessary for the operation of LESSEE's organization. If alterations become necessary because of the application of laws or ordinances or of the directions, rules or regulations of any regulatory body to the business carried on by the LESSEE or because of any act of default on the part of the LESSEE or because LESSEE has overloaded any electrical or other facility, LESSEE shall make any required alterations whether structural or nonstructural at its own cost and expense after first obtaining LESSOR's written approval of plans and specifications. All improvements shall be in accordance with all Federal, State and Local regulations and codes and will not commence prior to obtaining all applicable pennits. Provided LESSEE has fulfilled aU of its obligations under the Lease upon expiration of the term of this Lease, LESSEE shall have the right to and agrees to promptly remove its equipment and restore the Property to its pre-lease status. H. LIENS: LESSEE agrees that it will make a prompt payment when due, of all costs and expenses incurred in carrying out its agreement herein and of all costs and expenses of any repairs, constructions or installations which are the responsibility of LESSEE hereunder. LESSEE agrees to indemnify, defend and save LESSOR harmless fTom and against any/all liabilities incurred by LESSEE including any mechanics, materialmen's, or laborers' liens asserted or claimed against the Property or any part thereof on account of work, labor or materials used in the Property or in any improvement or change thereof made at the request of, or upon the order of, or to discharge the obligation of LESSEE. Should any mechanic's or other lien be filed against the Property or any part thereof for any reason whatsoever, LESSEE shall cause the same to be cancelled and discharged of record by bond or otherwise within thirty (30) days after the date of such filing. In no event shall anything contained in this paragraph or elsewhere in the Lease be deemed to subject LESSOR's interest in the Property to the lien of any person doing work or furnishing materials at the instance and request of LESSEE. I. DESTRUCTION: 1. Partial Damage. "Partial Damage" means damage or destruction to the building of which the Property are a part to the extent that the cost of repair is less than fifty percent (50%) of the fair market value of the building immediately prior to such damage or destruction. If at any time during the Term there is damage which falls within the classification of Partial Damage, LESSEE shall, at LESSEE'S option, either (i) repair such damage, in which event this Lease shall continue in full force and effect, or (ii) give written notice to LESSOR within thirty (30) days after Page 4 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/2] /05 the date of the occurrence of such damage of LESSEE'S intention to tenninate this Lease, which tennination shaH be effective as of the date of notice. 2. Total Destruction. "Total Destruction" means damage or destruction to the building of which the Property are a part to the extent that the cost of repair is fifty percent (50%) or more of the fair market value of the building immediately prior to such damage or destruction. If at any time during the Tenn there is damage which falls into the classification of Total Destruction, LESSEE shall, at LESSEE'S option, either (i) repair such damage within ten (10) months of the date of such damage, or (ii) either LESSOR or LESSEE may tenninate this Lease as ofthe date of such Total Destruction. J. CONDEMNATION: If at any time during the tenn of this Lease legal title to the Demised Property or any portion thereof shall be taken in the exercise of the power of eminent domain by any sovereign, municipality, or other public or private authority, there shall be such division of the proceeds of award in such condemnation proceedings and such abatement of rent and other adjustments made as shall be just and equitable under the circumstances. If the LESSOR and the LESSEE are unable to agree upon what division, abatement of rent or other adjustments are just and equitable within thirty (30) days after such award has been made, then the matters in dispute shaH, by appropriate proceedings, be submitted to a court having jurisdiction of the subject matter of such controversy in Palm Beach County, Florida, for its decision and detennination of the matters in dispute. If the legal title to the entire Property be wholly taken by condemnation, the Lease shall be automatically cancelled and any prepaid rent shall be apportioned as of such date. K ASSIGNMENT: LESSEE shall not assign, mortgage or encumber this Lease nor sublet or suffer or pennit the Property or any part thereof to be used by others. L. SURRENDER: Upon the expiration of the Lease Tenn hereof LESSEE shall remove the statues and improvements, clean and clear all debris and surrender the Property to LESSOR. ARTICLE V. LIABILITY A. INDEMNITY: 1. LESSEE agrees, represents, warrants and covenants that it shall indenmify, defend and hold hannless the LESSOR (provided LESSOR is not negligent and/or is not in default under the tenns of this Agreement) from all suits, actions, damages, liabilities, expenses and attorney's fees and costs in connection with the LESSEE'S use of the Property, including but not limited to loss of life, bodily or personal injury, property damage or loss of income arising from or out of any occurrence in, upon or at or from the Property, unless caused by the LESSOR'S gross negligence or willful misconduct. In the event of any litigation arising out of this provision, the prevailing party shall be entitled to recover its attorneys fees at the trial and appellate level as well as all reasonable costs expended. Page 5 of 12 S:\CA \AGMTS\Leases\Faith Based Community Lease-2005.doc 04/2 1105 B. INSURANCE PROPERTY, LIABILITY AND OTHER INSURANCE: LESSOR shall maintain at its own cost and expense all insurance policies providing coverage to the leasehold Property, however, LESSEE shall be responsible for obtaining the following identified insurance and showing LESSOR as an additional insured. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the tenns of this Lease are satisfied. In the event the insurance certificate provided indicates that the insurance shall tenninate and lapse during the period of this Lease, then LESSEE shall furnish to LESSOR, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The LESSEE shall not utilize the Property pursuant to this contract unless all required insurance remains in full force and effect. Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: Property, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits ofliability: $1,000,000 Combined Single Limit - each occurrence $1,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate Professional Liability Limit $1,000,000 LESSEE shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all decorations and improvements, fixtures and contents in the Demised Property in the event of a property loss. ARTICLE VI. PERFORMANCE A. DEFAULT: The following events shal1 be deemed to be events of default by LESSEE under this Lease: If 1. LESSEE shall fail to pay any installment of Rent and such failure shall continue for a period of ten (10) days without notice or demand. Page 6 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21105 2. LESSEE shall fail to comply with any term, provision or covenant of this Lease, other than payment of Rent and shall not cure such failure within fifteen (15) days after written notice thereof to LESSEE. 3. LESSEE shall become insolvent or shall make a transfer in :tTaud of creditors or shall make an assignment for the benefit of creditors. 4. LESSEE shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any State thereof, or there shall be filed against LESSEE a petition in bankruptcy or insolvency or a similar proceeding and any such proceedings shall not have been dismissed within thirty (30) days after its commencement, or LESSEE shall be adjudged bankrupt or insolvent in proceeding filed against LESSEE thereunder. 5. A receiver or Trustee shall be appointed for the Property or for all or substantially an the assets of LESSEE. 6. LESSEE shall do or permit to be done anything that creates a lien upon the Property, or any portion thereof subject to the LESSEE'S right to use. B. REMEDIES: Upon the occurrence of any such events of default, LESSOR shaH have the option, without any notice or demand whatsoever to pursue anyone or more of the foHowing described remedies in addition to aH other rights and remedies provided at law or in equity or provided elsewhere herein: 1. After the expiration of any grace periods or cure periods in the event of any such default or breach by LESSEE, LESSOR may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting LESSOR in the exercise of any right or remedy which LESSOR may have by reason of such default or breach: 2. Terminate LESSEE's right to possession of the Property by any lawful means, in which case this Lease shan terminate and LESSEE shall immediately surrender possession of the Property to LESSOR. In such event LESSOR shan be entitled to recover from LESSEE any and an damages incurred by LESSOR by reason of LESSEE'S default, including, but not limited to, the cost of recovering possession of the Property, the expense of reletting, including necessary renovation and alteration of the Property, reasonable attorneys' fees and costs, and damages in an amount equal to the difference between the rental payments and other amounts due hereunder and the fair rental value of the Property for the balance of the Lease Term, and that portion of any leasing commission paid by LESSOR and applicable to the unexpired Term of this Lease. Unpaid instanrnents of Minimum Rent or other amounts due shall bear interest ITom the date due at the maximum legal rate, or 3. Resume possession by any lawful means and relet the Property for the remainder of the Lease Term for the benefit of the LESSEE and recover ITom LESSEE at the end of the Lease Term, or at the time each rental payment becomes due under this Lease, as LESSOR may elect, the Page 7 of 12 S:\CA \AGMTS\Leases\Faith Based Community Lease-2oo5.doc 04/21105 difference between the amount of the rental payments due hereunder and the actual amount of rent received after reletting the Property, together with all costs and expenses of LESSOR in connection with such reletting, and the costs of all repairs and renovations reasonably necessary in connection with reletting the Property. In addition, LESSOR shall recover rrom LESSEE immediately any other damages occasioned by or resulting from the abandonment or a breach or default other than a default in the payment of rent or other amount due hereunder, including reasonable attorneys' fees and costs incurred. 4. Pursue any other remedy now or hereafter available to LESSOR under the laws or judicial decisions of the State in which the Property are located. C. NOW AIVER: Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent due to LESSOR hereunder or of any damages accruing to LESSOR by reason of the violation of any of the tenns, provisions and covenants herein contained. No action taken by or on behalf of LESSOR shall be construed to be an acceptance or a surrender of this Lease. Forbearance by LESSOR to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. In detennining the amount of loss or damage which LESSOR may suffer by reason of tennination of this Lease or the deficiency arising by reason of any reletting of the Property by LESSOR as above provided, allowance shall be made for the expense of repossession, including attorney's fees, any repairs or remodeling undertaken by LESSOR following repossession and brokerage commissions. The failure of the LESSOR or LESSEE to insist, in anyone or more instances upon strict perfonnance of any of the covenants or agreements in this Lease, or to exercise any option herein contained, shall not be construed as a waiver or a relinquishment for the future of such covenant, agreement or option, but the same shall continue and remain in full force and effect. The receipt by LESSOR of Rent, with knowledge of the breach of any covenant or agreement thereof, shall not be deemed a waiver of such breach and no waiver by the LESSOR of any provision hereto shall be deemed to have been made unless expressed in writing and signed by LESSOR. D. INTERPRETATION: The covenants and agreements herein contained shall bind and the benefits and advantages hereof shall inure to the respective heirs, legal representatives, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural shall include the singular and the use of any gender shall include all genders. This Lease may not be changed orally, but only by an agreement in writing and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. The marginal notes and headings of this Lease are inserted only as a matter of convenience and for reference and in no way defme, limit or describe the scope of intent or otherwise affect in any way this Lease. This agreement shall create the relationship of LESSOR and LESSEE between the parties hereto. No estate shall pass out of LESSOR. LESSEE shall have only an interest not subject to levy and sale and not subject to assignment except in accordance with the provisions hereof Should any of the printed provisions of this Lease require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the tenns of any such printed Page 8 of 12 S:\CA\AGMTS\Leases\Faith Based CommWlity Lease-2005.doc 04/2I/05 provision shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same it being agreed that the agents of all parties have participated in the preparation of this Lease and that all terms were negotiable. E. ENTIRE AGREEMENT: Notwithstanding anything herein contained or contained in any other writings concerning the Property by either of the parties hereto, the parties hereto agreeing hereby that all such other writings are hereby superseded and/or merged into this Lease which shall be the entire agreement of the parties concerning said Property. This Lease shall not become binding as such upon LESSOR unless all preliminary conditions required to be performed by LESSEE are so performed. LESSEE acknowledges that LESSOR makes no representations as to its ability to build or LESSEE'S ability to conduct the business intended to be conducted on the Property under said zoning laws and the rules and regulations of said public authority having jurisdiction. LESSEE acknowledges that LESSOR (including LESSOR'S agents and employees) has not made any statement, promise or agreement or taken upon itself any engagement whatsoever, verbally or in writing, in conflict with the terms of this Lease, or that in any way modifies, varies, alters, enlarges or invalidates any of its provisions and that no obligation of the LESSOR shall be implied in addition to the obligations herein expressed. ARTICLE VII. HAZARDOUS WASTES A. LESSEE represents that it shall comply with all local, state and federal laws regulating hazardous waste. Furthermore, LESSEE agrees that it shall be responsible for the lawful disposal, storage and utilization of an substances that may be deemed to be "hazardous" under any of the local, state or federal laws. B. Corrective Action means investigation, active remediation, passive remediation, or monitoring or any combination of these activities. Any Corrective Action performed by LESSEE will be performed in accordance with applicable regulatory requirements. ARTICLE VIII. MISCELLANEOUS A. BINDING EFFECT: The terms, provisions and covenants contained in this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successoTS- in-interest and legal representatives except as otherwise expressly provided herein. B. RADON GAS: In 1988, the Florida legislature passed a provision that requires the following notification to be provided on at least one document, form or application executed at the time of or prior to the Contract for Sale and Purchase of any building or execution of a rental agreement for any building: "RADON GAS: Radon is a naturany occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who Page 9 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2ooS.doc 04/21/05 are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained rrom your county public health unit." C. SECURITY MEASURES: LESSEE assumes all responsibility for the protection of LESSEE, its employees, agents and invitees from acts of third parties. D. AUTHORITY: If LESSEE is a corporation, trust or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity. If LESSEE is a corporation, trust or partnership, LESSEE shall, prior to or simultaneous with execution of this Lease, deliver to LESSOR evidence of such authority satisfactory to LESSOR. E. TIME OF ESSENCE: Time is ofthe essence of this Lease and each and every provision hereof. F. NOTICES: Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. LESSOR: Kurt Bressner, City Manager City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, Florida Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 To: James Cherof, City Attorney Goren, Cherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 LESSEE: Page 10 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21105 G. RECORDING: Recordation.Neither LESSOR nor LESSEE shall record this Lease, nor any memorandum hereof, in the Public Records of Palm Beach County, Florida, or any other place. Any attempted recordation by LESSEE shall render this Lease null and void, and shall entitle LESSOR to the remedies provided for herein by LESSEE'S default. H. PARTIAL INVALIDITY: If any provision of this Lease or application thereof to any person or circumstance to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent pennitted by law. I. VENUE: In any proceeding brought relative to the tenns or provisions of this Lease, venue shall be in Palm Beach County, Florida. J. NO REPRESENTATION: LESSEE agrees and acknowledges that it has not relied upon any market projections, master development plans, circulars, prospectus, advertisements, drawings, phases, or any other representations made by the LESSOR, its employees and officers, brokers or agents in executing this Lease other than those set forth herein. LESSEE has independently detennined the economic benefits of leasing the Property and agrees to indemnify and hold the LESSOR hannless ffom and against any and all loss, damage, claim, demand, liability or other expense by reason of any damage to LESSEE, its employees and officers, brokers or agents which may arise or be claimed to have arisen as a result of any representations made by the LESSOR, its agents, officers, employees, or brokers with respect to the Property, Building, and/or Property. K. ACCORD AND SATISFACTION: No payment by LESSEE or acceptance by LESSOR of a lesser amount than the Minimum Rent or other amounts due hereunder shall be deemed to be other than on account of the earliest Minimum Rent or other amount due, nor shall any endorsement or statement on any check or payment, or any letter accompanying any check or payment, be deemed an accord and satisfaction, and acceptance of such check or other payment shaH be without prejudice to LESSOR's right to recover the balance of such Minimum Rent or other amount due, or pursue any other remedy provided herein or by law. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. LESSOR: CITY OF BOYNTON BEACH BY: ATTEST: Mayor Page 11 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04121105 BY: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY LESSEE: F AJTH BASED COMMUNITY DEVELOPMENT CORPORA nON WITNESSES: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ON THIS _ day of , 2005, before me, the undersigned notary public, personally appeared , personally known to me, or who has produced as identification, and is the person who subscribed to the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Print or Type Name My Commission Expires: Page 12 of 12 S:\CA \AGMTS\Leases\Faith Based Connnunity Lease-2005.doc 04/21105 VI.-CONSENT AGENDA ITEM C.4. 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 D AprilS, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) ¡g May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF ¡g Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Ratification of the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Patrol Officers for the three (3) year period commencing October 1,2004 and ending September 30,2007. EXPLANATION: The City's negotiating team and the PBA - Patrol Officers Unit, have been engaged in contract bargaining and have successfully negotiated an Agreement which has been ratified by the Union. It is now before the Commission for ratification. PROGRAM IMP ACT: nla FISCAL IMP ACT: nla AL TERNA TIVES: 4~ ity Manager's Signature City Attorney's office Department Name City Attorney / Finance / Hwnan Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 PALM BEACH COUNTY POLICE BENEVOLENT 8 ASSOCIATION - PATROL OFFICERS FOR THE 9 PERIOD OF OCTOBER 1, 2004 THROUGH 10 SEPTEMBER 30, 2007, AND AUTHORIZING AND 11 DIRECTING THE MAYOR AND CITY CLERK TO 12 EXECUTE THE AGREEMENT; AND PROVIDING 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach and the Palm Beach County Police 16 Benevolent Association (PBA) - Patrol Officers have successfully concluded negotiations 17 for a three (3) year contract; and 18 \VHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confinned by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach 31 County Police Benevolent Association (PBA) - Patrol Officers for the period of October 1, 32 2004 through September 30, 2007, and authorizing and directing the Mayor and City Clerk 1 to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution will become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of May, 2005. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 s:ca\reso\agreements\PBA - Lts 04-07 29 2004-2007 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES ~, 4~~~ TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 4 2 Recognition 5 3 N on-Discrimination 6 4 Dues Deduction 7 5 Union Business 8 6 Bulletin Board 10 7 Eligibility for Promotion 11 8 Vacancies 12 9 Management Rights 13 10 Advisory Committee 15 11 Hours of Work and Overtime 16 12 Wages 18 13 Seniority 22 14 Additional Monetary Benefits 24 15 Unifonns 28 16 Medical Expenses 30 17 Group Insurance 32 18 Leaves 37 19 Holidays 39 20 Funeral Expenses 40 21 Equipment Maintenance & Safety 41 22 Training 43 23 Career Path Program A5 24 Personnel Records 46 25 Legal Action 47 26 Grievance Procedure 51 27 Discipline Appeals 38 28 Rights of Law Enforcement Officers Under Investigation 53 29 Discipline and Discharge 54 30 Past Practices 55 31 Personal Vehicles 56 32 Department Polices, Rules & Regulations 57 iß ~-(lOrO\ C~ '{ City Union 2 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 33 Posting 58 34 Complete Agreement and Waiver Clause 59 35 Severablity 60 36 Duration 61 37 Take Home VehicIes 62 38 Longevity Pay 64 Signature Page 66 ~b ~f /ZV\1)c- 'ð9 City Union 3 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida, hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, located in West Palm Beach, Florida, hereinafter refereed to as the "Union", for the purpose of setting forth the parties Agreements regarding rights, wages, benefits, and conditions of employment. ~ß A ( 20' '0 , ~ City Union 4 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007,doc ARTICLE 2 RECOGNITION The City hereby recognizes the Union as exclusive bargaining agent for the purpose of presenting proposals relative to salaries and other conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Officer and Police Detective, or as modified by PERC. The tenn "member" or "employee" will mean any member in the bargaining unit. Effective October 1, 2001, the City will no longer fill vacant Detective positions. All bargaining unit members who hold the position of Detective at time of ratification ofthis Agreement shall continue to serve as Detectives until: A. The member is promoted, or B. The member resigns from the position, or C. The member is demoted, for cause, or D. The member retires. V-ß 4(zòI0\ ~~) City Unlon 5 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the Union, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the Union. The Union shall not discriminate against any bargaining unit member who fails to join the Union. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affinnative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including tennination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, national origin, handicap, familial status, sexual orientation, age, or marital status. ~ß .t:1f201 0\ c@Y City Union 6 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 4 DUES DEDUCTION Upon receipt of a form provided by the Union and approved by the City which has been voluntarily executed by a City employee who is a member ofthe bargaining unit, the City will deduct from the pay due the employee, those dues and uniform assessments required to retain Union membership as certified by the Union. The total amount of deductions shall be remitted each month by the City to the Treasurer ofthe Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. -Kß ;,{ bol'ùc ~ City Union 7 S:\CA\Collective Bargaining\PBA\PBA 2004 collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 5 UNION BUSINESS Section 1. Union representatives will be granted paid leave to engage in representation activities on behalf of the Union or any member as follows: A. Engaging in collective bargaining with the representatives of the CITY. B. Processing of grievances. C. Accompany a fellow employee when: 1. The employee is required to appear at a hearing related to a grievance. 2. The employee is presenting or responding to a grievance. 3. The employee is subject to interrogation in conjunction with an internal affairs investigation. 4. The employee is attending a pre-detennination hearing. The CITY may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or capricious, nor shall it allow the CITY to proceed in a manner which deprives the employee of his or her right of representation. A UNION representative shall be pennitted leave to attend functions of the Union, provided that Such leave shall be at no cost to the CITY and representatives shall use accrued vacation leave. The Union representative must be a member of the bargaining unit. -@ X ß J-/ liD (Ù>s- City Union 8 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Section 2. No employee shall engage in Union business while on duty except as referenced in Section 1. ~ß )( f2ùloC: ~ City Union 9 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Detective Division for the exclusive use ofthe Union, for posting bulletins, notices and other union material. A notice or item placed on the bulletin board shall bear, on its face, the legible designation ofthe person responsible for placing of this notice or item on the bulletin board. -\43 ~{(¿d 0 \- -@ City Union 10 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 7 ELIGIBILITY FOR PROMOTION All bargaining unit members who have served for three years as a sworn law enforcement officer in the City of Boynton Beach are eligible for testing for promotion to the position of Sergeant. ¥ß ~(2d1JC @ City Union 11 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 _ 2007.doc ARTICLE 8 VACANCIES Section 1. Consistent with the City's recruitment and selection policy (PPM Chapter 06), vacant positions shall be filled in the best interest of the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. Section 2.. When a position in the bargaining unit is filled by hiring a candidate with law enforcement experience from another agency, the candidate may be credited with one year for every two years oflaw enforcement experience and maybe hired at a base annual rate of pay not to exceed $2500.00 above starting salary at time of hire, allowing for $500.00 for each year of service with another agency, to a maximum of five (5) years of credit. The Chief's discretion shall not be exercised to allow a new hire's base pay to exceed the base pay of any department member with the same years of service. This provision may be applied retroactively to members hired within the past twenty-four (24) months (from date of ratification) , at the discretion ofthe Police Chief. ~ ~{ 12Òl 0' '@ City Unlon 12 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 9 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way oflimitation, the City retains the exclusive right to: A. To establish procedures to hire, promote, and layoff employees. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be perfonned by employees. G. Fonnulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions ofthis Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. To require employees to submit to physical, medical, and psychological testing to detennine fitness for duty. No bargaining unit member shall be ordered to submit to physical, medical or psychological testing to detennine fitness for duty without such testing being approved by the Police Chief and the City Manager. J. Detennine and change the equipment and materials provided to or not provided to employees. K. A~ to or change the qualifications necessary for any job c1as~ ig j~(20'C' City Union 13 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc L. Create, alter or disband any Departmental unit or transfer members based upon the needs of the department as detennined by the Chief. M. The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. The City supports random drug testing for all bargaining unit members. The City reserves to itself the power to order employees to submit to reasonable suspicion or random drug testing, subject to compliance with the testing/sample handling procedures as set forth in Florida Statute and the Florida Administrative Code, as referenced in the City's Drug Free Workplace Policy. The City agrees to use State certified laboratories for all drug testing. If the City fails to exercise anyone or more of the above functions from time to time, it shall not be deemed a waiver ofthe City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. .if> t( 1201 Oç- ~ City Union 14 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 10 ADVISORY COMMITTEE Section 1. By mutual agreement between the City and the Union, they may establish a joint committee. The Union membership shall consist of persons from within the position classification covered by this Agreement, and members designated by the Chief of Police shall consist of persons within the Department, but outside the bargaining unit. Section 2. This committee may meet as needed by mutual consent, and meetings may be held between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday or at another mutually agreeable time. If a meeting is held during working hours of an employee participant, said participant may be excused without loss of pay for that purpose. Attendance for a meeting outside of regular working hours shall not be deemed as time worked and participants will not receive additional payor leave benefits. Section 3. Attendance by other than members ofthe Union and City Administrative Officers will be by agreement of a majority of the members of the Committee and shall first receive the approval of the Chief of Police. ~ß 412d'D\ ~ City Union 15 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 11 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 hour shifts is a 7 day work cycle. F or the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 hour shift will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, hours taken for authorized leave for training or school, shall be counted as hours worked. Overtime pay, when so granted, will nonnally be contained in the member's next regular pay check following the time worked. Employees who are in a duty status seven (7) or fewer minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in a duty status eight (8) or more minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. Section 2. Pursuant to Article 9, Section 1D, it is a Management Right to establish and change the startmg and qnitting times and the number ofhonrs and shifts to be worked. ~ntal wide ~ß t((zvl 0' .. City Union 16 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc shift schedules shall not be changed without the City providing thirty (30) days advanced notice to the Union of the change. Section -3. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation. Members ofthe Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. No member of the bargaining unit shall be scheduled either by the department or through shift swaps, details, or over-time, to work more than 16 hours of duty in a 24 hour period, except during emergencies or where overtime is required to complete an on duty assignment, i.e. late arrest. For the purpose of this section, duty means regular assigned duties and detail assignments, not to include court, depositions, filings, and similar judicial responsibilities. ~ß t·dw' oC ~ City Union 17 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 _ 2007.doc ARTICLE 12 WAGES Section 1. Effective on ratification, the starting base pay for new hires without prior law enforcement experience be increased to $39,000.00 when hired, adjusted to $40,000.00 on completion of academy and field training. Starting base pay will increase to $40,200.00 after 10/1/05, adjusted to $41,200 on completion of academy and field training and to $41,436.00 after 10/1/06, adjusted to $42,436.00 on completion of academy and field training. Section 2. Top out pay for Bargaining Unit Members during the term ofthe agreement will be: Year One-$62,578 Year Two-$63,778 Year Three-$65,014 Section 3. Wage increases during the term of this Agreement will have two components; a base wage market adjustment, and a performance based adjustment as follows: Year One (10/1/04-9/30/05) A. All members will receive a 9.8% base wage increase retroactive to 10/1/04. B. Members who received a satisfactory performance evaluation on their July 2004 performance evaluation will receive a 5% base wage adjustment effective 10/1/04. Year Two (10/1/05-9/30/06) C. All members will receive a 3.0% base wage increase effective 10/1/05. D. Members who receive a satisfactory performance evaluation in February 2006 will receive a 5% base wage adjustment effective 4/1/06. e:@ JLß J/ /201 0' City Union 18 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Year Three (10/1/06-9/30/07) E. All members will receive a 3.0% base wage increase effective 10/1/06. F. Members who receive a satisfactory performance evaluation in February 2007 will receive a 5% base wage adjustment 4/1/07. Section 4. No member shall receive an adjustment to base salary in excess of top out pay. Payment over base shall be lump sum and shall be treated as wages for pension calculation purposes when approved by the Pension Board. Section 5. The City's performance based compensation system represents an integral component of an employee's opportunity for wage increases. The procedures for conducting annual performance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. On ratification of this Agreement, the annual evaluation cycles will be adjusted to provide a preliminary evaluation in November of each year, commencing November 2005 and a final annual evaluation in February of each year, commencing February 2006. Section 6. Employees must receive an evaluation of satisfactory or above to receive a performance base wage increase. In the event an employee receives a less than satisfactory performance evaluation during any annual evaluation period, that employee shall not be eligible for a performance based wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, at which time the employee will be re-evaluated. In the event an employee receives a satisfactory or greater performance evaluation, then that employee shall be granted the -¥!ß 4(2J oC ~ City Union 19 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc wage adjustment on the first full payroll after the completion of ninety (90) days. If the employee does not receive a satisfactory or greater evaluation an additional and final ninety (90) days re-review period shall begin. Failure to achieve a satisfactory or greater evaluation at the end of the second ninety (90) day period constitutes grounds for just cause discipline. Section 7. The City may make changes in the current perfonnance appraisal instrument only after the PBA has had the opportunity to provide input on the instrument. Section 8. Attendance is an integral component of perfonnance. In the event an employee has been placed on restrictive sick leave pursuant to Departmental Policy, a copy of which is attached hereto as Exhibit "A", (excluding Family Medical Leave) during any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, during which it will be detennined if the employee has had more occasions of use of sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee has one or more additional occasions of use of sick leave. Section 9. Employees at, or above, the maximum oftheir respective range, upon ratification of this agreement will remain at their current salary, and will only receive a wage adjustment in the fonn of a lump sum payment equal to the amount they would receive based on the criteria included ¥~ J¡(2u1 0' ~B City Union 20 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc herein. This lump sum payment shall be considered a salary disbursement included in W -2 holdings for the purpose of pension calculations. Section 10. Each member assigned to the 11 ~ hour shift, who works that shift, will be paid an additional 5% of base in year one (10/1/04-9/30/05). This shift assignment pay will end 9/30/05, with no shift assignment pay thereafter. Section 1 r. The only add on or assignment pay, other that the 11 ~ hour shift payment referenced above that will be paid to employees following ratification of this Agreement as follows: A. SRT (Special Response Team): Those members who have successfully completed testing and are selected as a member ofthe Police Department SR T Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. B. K -9 Unit. Members assigned to the K -9 Unit will receive one (I) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (I) hour of duty time per work day to tend to K -9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. C. Officers, while assigned as Field Training Officers and who have completed successfully the required 40-hour training shall be compensated an additional five (5%) during the assignment. ~ß .tf 1)011) \ ~ City Union 21 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 13 SENIORITY Section 1. The City agrees that seniority shall consist of continuous accumulated paid service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern the following matters: A. Filling temporary vacancies. See Article 14, Section 3. B. Layoffs will be in reverse order of seniority. C. Selection of day or night shift and starting time. D. Any special event (Holiday Parade, GALA, July 4th, or any other event) shall be offered through a rotating list of Police Officers based upon department seniority_ This section does not apply to special details. Section 3. Assignments to platoons, divisions, and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be ~ ~ß 4Izù!bÇ- "'-" ~~ ,-'.~ City Union 22 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc adopted by the Chief of Police as needed. W Jf(2dO\ ~ C-- -f?4J, , , --_:../ City Union 23 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 14 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time Members of the Bargaining Unit shall have the option of accumulating a maximum of eighty (80) hours, per fiscal year, of compensatory time at time and one half. A bargaining unit member who is promoted to a position outside the bargaining unit, or who retires, or who is terminated, will be paid the balance of all unused compensatory time. Compensatory time earned and accumulated shall be paid off totally in September of the fiscal year if not utilized by the end of the month of August. Compensatory time accumulated will be taken within the scheduling needs of the Department. Section 2. Special Detail Assignment All Bargaining Unit Members assigned to cover special details may report directly to their assignment without prior checking in or out at the police station, but must advise a supervisor personally or by radio. The officer assigned to special detail shall comply with all current department policies and procedures in effect. Section 3. Call Back Call back is defined as any time an officer is called into work when helshe is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall ~compe7-ated for the actual time worked, but not less than three (3) hours ~ay one A> Þ( 2() f 0 \ '\ City Union 24 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc and one-half (1112) times his basic hourly rate reflected in the pay schedule in Appendix A. When an officer is called for call back helshe will be guaranteed a minimum ofthree (3) hours at time and one-half and at his/her supervisor's discretion the officer may be required to work the entire three hours or longer. When an officer is called for call back hislher supervisor will indicate as to whether or not he/she should arrive in unifonn or in plain clothes, if the option is available. Call back shall be handled as follows: Step 1 Vacancies filled with the off-going shift platoon by seniority. Step 2 Vacancies filled by other platoon that works the same shift but is regular day off Step 3 Vacancies filled by other platoon that works the opposite shift (e.g. vacancy on A.l is offered to BA, 5, 6). Variance to Step 3-the first day back on the shift will make the opposite shifts ineligible to work. This occurs on Monday, Wednesday and Friday. Step 4 All patrol officers not previously covered by seniority Step 5 Vacancies will be offered to Detectives Step 6 Ordered in by reverse seniority The 16 hour maximum hours worked rule applies to all call-back. Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum ofthree (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-halfthe straight time hourly rate for each hour on standby up to a maximum of eight (8) hOUTS of standby duty in anyone day. ~um ~ß J( Ilol oC ~,. .. City Union 25 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 5. On Call Any bargaining unit member who is on an "on-call" (on-pager) basis other than court time as outlined in Article 14, Section 4 shall receive compensation of one hour of pay at time and one half for each day (24 hour period) on call. No member will be placed "on-call" without the approval of a division commander, Bureau commander, or designated representative. Section 6. Schedule The City will establish the hours of work best suited to meet the operational and fiscal needs ofthe Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. Ifthe officer is sick and cannot meet his/her obligation to work the shift, they are pennitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended fi-om shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension fi-om shift swaps, andtþe third ~ t-{ (2DIVc- ~) City Union 26 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc sick call could force the member to be pennanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 7. Shift Changes - Employer An officer will be given adequate advance notice as detennined by the Chief of any change in hislher regular hours of work except when an emergency exists. Notice given less than forty-eight (48) hours before any changed schedule (assignment days or days off) is to take effect, entitles the officer to receive compensation at the rate of one and one-half (1. 5) times hislher regular salary for the first day ofhislher tour of duty. Section 8. The City agrees that any member required to be out of Palm Beach County to attend court, seminars, or for any other reason as a result of hislher duties as a police officer, except if the officer is exclusively the plaintiff in a personal civil action, will be paid hislher regular rate of pay for each day or partial day required for said purposes. There will be no overtime compensation. V& 1/2f1ô, ~ City Union 27 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 15 UNIFORMS Section 1. The City will provide up to three (3) full unifonns per year and shoes every six (6) months on an as-need basis. The City will supply replacements for the parts ofthe unifonn when replacement is appropriate, as detennined by the Chief, and if adequate funds are available in the City Budget. The Detectives and other members ofthe bargaining unit assigned to plain clothes duty will receive, in lieu ofunifonns, a total of$l,OOO.OO a fiscal year, paid in $250 installments at the end of each quarter and pro-rated as appropriate. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval ofthe Chief of Police. The Detective or Unifonned Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his unifonn took place. This allowance shall commence from the date of assignment on a pro-rated basis. Unifonned Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued unifonn pieces per week for the contract year. The City shall notify those employees that are eligible, to take their unifonns only to the approved dry cleaning establishment in Boynton Beach selected by the City. De!~çtiyes and -¥ß ~(I2-~V\ ~TJ;J City Union 28 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc other members assigned to plain clothes will be given a cash cleaning supplement equivalent to that given the unifonn officer. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. iß tf I;?ò\ 0 \ ~ City 29 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 16 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take annual electrocardiogram and physical examination perfonned by an agency or doctor to be approved by the City. Scheduling will be at the di~cretion ofthe Department, and the results will become part ofthe employee's record. The City will pay the cost of this examination only. Section 2. Beginning at age 30 and when recommended by a City physician, a member will undergo and the City will pay for a Stress Test, no more than once every three (3) years with no more than a third of the bargaining unit being compensated for such a test in anyone year. Section 3. The City shall provide an immunization schedule during the life ofthis Agreement for any member who wants to be immunized for Hepatitis-Type B. It is incumbent upon the bargaining unit member to notify the Department should they desire said immunization. Said immunization shall be administered by qualified personnel. ~ß J.f Ilvl oC ~ ---<. City Union 30 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 17 GROUP INSURANCE Section 1. 11edical Insurance The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing or comparable coverage shall remain in effect for the duration of this Agreement; however in the event the City can provide for alternative equivalent benefits options for employees' then the health insurance coverage for the employee and their dependents may be amended from time to time. In this connection, should the employees' cost to provide dependent coverage for their dependents increase more than 15 % during any fiscal year, the City agrees to open this Article for the purpose of impact bargaining. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City will fonn an insurance advisory committee to be comprised of an equal number of non-represented members who are appointed by the City 11anager and two members from each of the city's bargaining units. Bargaining unit representatives shall be designated by the Union. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance advisory committee. Section 2. Life Insurance 11embers of the bargaining unit shall be covered by $25,000 of group life insurance with the premium paid by the City. Section 3. Dental Insurance A group dental insurance program will be provided by the City and the City will pay the premium for employees and $7.00 per month of the premium for family coverage. ¥ß t( (701 0," (~~¡;p City Union 31 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 18 LEAVES Section 1. Annual Leave - Vacation a. All employees will follow the following vacation schedule: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 1 7 years 192 18 years 192 19 years 192 20 years 192 21 years & after 200 b. Vacation requests may be submitted from 14 - 45 days in advance for vacation. In the event of dual requests for vacation dates, the senior member request shall prevail if it was J/-ß J.{ (~{ V C ~~=1f;J City Union 32 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 _ 2007.doc submitted thirty (30) days prior to the date or dates requested. Vacations of two days or less may be made with twenty-four (24) hours advance notice or less. All other requests submitted under 30 days shall be on a first come first serve basis regardless of seniority. c. Request for emergency vacation leave will considered individually by the Chief. Section 2. Sick Leave a. Employees will earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave will be in accord with the Personnel Policy Manual and Police Department Rules and Regulations, as applicable. Each bargaining unit member covered by this agreement is eligible to receive one bonus day for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. b. Employees who have more than one hundred twenty (120) hours of sick leave as of September 1, ofthe current contract year, may convert 50% ofthe excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in this fiscal year. c. Sharing Sick Leave ..\Œ, ~{f 201 o~ ~ '-,. ...-', '. City Union 33 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 _ 2007.doc 1. It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent rrom work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and vacation leave to the number of vacation hours that said employee would accrue in one year. 2. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. 3. When there appears to be a need to share sick leave in accord with Section c.2, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirm through the Finance Department that the hours are available and submit the list, accompanied by appropriate Personnel Action Form, to the Human Resource Office for proper charge to sick leave records. Time used will be used in order listed on appropriate form supplied by the Union Steward. d. Sick leave for medical appointment can be scheduled more than 48 hours ahead and not be changed except in the event of an emergency. e. No member shall be placed on restricted sick leave unless that member has had a counseling session, with at least a Watch Lieutenant (Lieutenant rank only). During that counseling ¥ß .tff20Io~ 61:» City Union 34 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc session, the member will be infonned of the reasons being considered for restricted sick leave. At that time, the member will be given an opportunity to explain the sick days taken. When a member is placed on restricted sick leave, the member will be notified in writing of that fact. A unit member placed on restricted sick leave shall be re-evaluated in six months. If not re-evaluated within ten working days after the six month period the unit member will be removed from restricted sick leave. f. At the employee's option, the employee may convert excess sick leave time as defined in accordance with this section to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 3. Personal Time a. A total of three (3) shifts for personal time per year will be allowed in increments of one-half shift at a time or a full shift, not back-to-back. Personal time will not be accumulated from year to year and in no way should be a basis of tennination pay. No request for personal leave will be denied without a reasonable justification. Per~onal time is to be used in the same manner as vacation. b. Employees may request a one-half shift increment of personal time, which will be given at roll-call only, by seniority. Section 4. Bereavement Days Compassionate Leave: In the event ofthe death ofthe mother, father, foster parents, brother, sister, ~ß tJ 12-01 O~ ~ City Union 35 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc husband, wife, son, daughter, grandparents, grandchildren, mother-in-law, father-in-law, sister- in-law or brother-in-law of a pennanent or probationary employee, grandparents of spouse and any pennanent family member of the household, such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for anyone death. However, if it is necessary for the employee to leave the State in connection with the internment of the deceased, five (5) consecutive calendar days shall be allowed. Employees must verify attendance in writing in order to be eligible for this article. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Y-ß 4 )lv1o'- ~ City Union 36 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 19 HOLIDAYS Section 1. Holidays will be as follows: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Section 2. Holiday pay will be at 1.5 times regular pay for all members of the bargaining unit whether or not the holiday is worked. Section 3. Holiday Conversion a. Under this Section a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance, (i.e. 110 hours for 4/10 employees and 88 hours for 5/8 employees and 126.5 hours for 3-4/11.5). b. Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Secretary of the Department. -¥ß )( (20J oC ~ City Union 37 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc c. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. d. Members exercising this option may use a vacation day instead of working the holiday. The vacation hours will be paid at straight time. e. Members not assigned to work on the holiday will receive their normal weekly pay. f. Members leaving the service who participated will owe the City for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. ¥ß t{ /2011) (-- ~ City Union 38 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 20 FUNERAL EXPENSES Section 1. The City will make a payment of up to $5,000 to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a form to be supplied by the Chief of Police or his authorized representative, designate by name and address, the individual to whom such funds are to be paid. ¥Þ ~ 12010\ ~ City Dnlon 39 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 21 EQUIPMENT MAINTENANCE & SAFETY The City, as a management responsibility, will maintain vehicles and equipment in a safe condition and in accordance with law or ordinances. The Union Members accept the responsibility for checking vehicles prior to use and for completing City providing fonns for any defects which is discovered or any operating matter that needs attention. Concerns about unsafe condition will be brought to the attention ofthe immediate Supervisor who will make a judgment concerning the need for immediate repair prior to use. If the Bargaining Unit Member does not agree with the immediate Supervisor he/she may ask that the next level of supervision review hislher concern, and that Supervisor will be the final judge on the safety ofthe equipment and the appropriate action to take at that time. Subsequent review of the actions of the bargaining unit member or the supervisor, will be made by the Chief the next nonnal work day. -\2ß Jf '2-01 oC ~ City Union 40 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 22 TRAINING Section 1. All training required of the officer by the Police Department when off duty will be compensated at time and one half, except for training or travel activities that are off site and considered to be seminars, conferences, and special programs where expenses incurred are paid for by the City as provided for by resolution. Section 2. Weapons Training The Chief will decide on the training program based on his judgment of the department's needs. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Reimbursement A. The City will provide for those members who attend colleges and/or universities an incentive of paid tuition and books based upon the grade score for that class. The member is to pay for the tuition and books and be reimbursed, at state college/university rates, upon proper receipt at the below schedule upon completion ofthe semester. Employees currently participating in the college tuition reimbursement program who are attending private schools are grandfathered in at private school rates. (f~ ~0> 4lzolo(" -- - -----_./ City Union 41 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc "A" equals 100% of tuition and books "B" equals 100% of tuition and books "c" equals 50% of tuition and books College and/or university program must be initially approved by the City Manager and must be a part of a program leading to an acceptable Associates, Bachelor or Master degree with a curriculum directly related to the Police profession. The Chiefwill make a recommendation to the City Manager who will have final approval for the courses, degree program and payment. B. The City shall pay tuition and books reimbursement even if a course is not part of a program leading to a degree providing that the course is job related and approved by the City Manager prior to registration of said course. Section 4. The City shall provide reimbursement for authorized expenses associated with training and special schools attended by the officer through approval of the Department. ~-- iß ~f ( ;?() I O~- ~) City Union 42 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 . 2007.doc ARTICLE 23 CAREER PATH PROGRAM 1. The purpose of this program is to establish guidelines for a Career Path Program for police officers below the rank of Detective/Sergeant. 2. The Career Path Program is designed to accomplish a three-fold purpose and is voluntary in nature: A. Recognize and reward the officer through his/her training and educational achievements. B. Provide a career development path for Rank of Police Officer. C. Promote long tenn dedicated employees by offering incentives, alternatives and guidelines. 3. The Police Officer Skill Levels III, II, and I shall be as follows: A. Skill Level Three (III) (1) Time in grade: new employee to five (5) years continuous service. B. Skill Level Two (II) (1) Time in grade: 5 - 10 years continuous service (2) Education Requirement (job related): 160 hours - Career Incentives or Training Courses (3) Average or above average perfonnance evaluation for the past two (2) years. (4) Incentive pay increase -2% ~ ¥-~ t{ f=xJ vC- ' ..)". City Union 43 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc C. Skill Level One (I) (1) Time in grade: 10 plus years continuous service (2) Educational Requirement: 400 hours - Career Incentives or Training Courses. (3) Average or above average perfonnance evaluation for the past two (2) years. (4) Incentive pay increase - 3% 4. A Police Officer will need to declare the Career Path Program; being either career path or career incentive (however, ifmax out on career incentive, can use/pursue career path). No college degree courses will be accepted when pursuing a college degree path. Education must be job related, and courses/training taken for credit must be on officer's own time (not City time). 5. If a police officer who has received career path pay increases pursuant to this program and is promoted, they are no longer eligible to receive career path pay increases, nor will career path pay increases received under this program be considered in establishing their new rate of pay. ¥.ß J1 (201 öc- ~ ~~-~~n City 44 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 24 PERSONNEL RECORDS Section 1. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee. Section 2. A personnel file for all City employees is maintained by the City Human Resource Department. Section 3. Internal affairs investigatory files will be maintained in accordance with Fl. State Statutes. ~ß ~f'2ðO\ ß , City Union 45 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 25 LEGAL ACTION Section 1. In accordance with Florida Statutes, the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. ¥p.:> J<d2Dlo(" ~ City 46 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 26 GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application ofthe Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action is set forth in Article 27 - Disciplinary Appeals of this Agreement. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step of the grievance procedure. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step 1. A grievance must be filed on a fonn approved by the City within ten (10) calendar days as set forth in Section 4. above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance fonn shall be filed with the grievant's Major. In the case of a class grievance filed by the Union, the grievance fonn shall be filed with the Police Chief. Step 2. The Major shall review the grievance and make a written recommendation for disposition ofthe grievance to the Police Chief within ten (10) days of receipt ~ t( (JoI1' ~ City 47 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc of the grievance. Step 3. The police Chief shall review the grievance and render a written decision within ten (10) days of his receipt of the grievance. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition ofthe grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days ofthe date ofthe Chief s disposition or the expiration ofthe time period for the Chiefs disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within twenty (20) days of receipt of the grievance.. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied with the disposition ofthe grieva.œe by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition ofthe grievance, or the expiration ofthe time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a W!Ìtten request to the Federal Mediation and Conciliation Service asking that it submit a list of names of seven (7) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth below. ARBITRA nON Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days ITom receipt of notice of appointment to raise arbitrability as a defense. If arbitra~:d by the Q.ß If (2vl 0' ,~. City ion 48 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc City, the issue of arbitrability shall be detennined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that detennination, the City shall pay the cost of the arbitrator. Ifthe City raises the question of arbitrability and the arbitrator detennines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion of the court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement ofthe grievance set forth in the written grievance fonn together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract rrom, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine rumse1Ð'herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) da~se of the .¥ß J1 Izo( D', ,y'Y City ion 49 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc arbitration hearing or submission of post hearing briefs, whichever occurs last. The arbitrator's decision shall be final and binding on all parties. J43 J{ b~o\ 0' ~ ",,' City lon 50 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 27 DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Tennination Demotion Suspension without pay - more than one (1) day No, employee shall be subject to major discipline without first being afforded a pre- detennination conference with the City Manager. No pre-detennination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR: Written reprimand Suspension without pay one (1) day or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in Article 26 above. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice ofthe City's disciplinary action. B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. C. Written reprimands may not be appealed but the employee may submit a written response provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of one (1) day may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either ..I?ß J{ 12do, ~ City ~ìÔn 51 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of one day. The Human Resource Manager may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his /her investigation of the discipline. Y-b 4(zolo' ~ City 52 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 28 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boynton Beach agrees that all rights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112.532(1)( a)-(i) and Section 112.533 (as amended from time to time) wil1 be observed and practiced. The Union may post a copy of the Law Enforcement Officers Bil1 of Rights on the bulletin boards referenced in Article 6. In the event of any conflict between the rights of a member under the Bill of Rights and this Agreement or any city or departmental policy or procedure, the rights afforded under the Law Enforcement Officers Bill of Rights shall prevail. ~ 2ß q Þ-O\o, n:o~ City 53 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 29 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal disciplinary action in the manner set forth in Article 27 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chiefs determination of the conclusion of an investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of more than one (1) day without first being afforded the right to a pre-determination conference with the City Manager. ~6 tf I~o\ oC- ~ City "nlon 54 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 30 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers B. Locker room shower, gym C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E., Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. iß t/(zd '0, ~ City 55 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 31 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2.' For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and semmars. ~ß .Þ( r2ol'O\ -4 / ion City 56 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 32 DEPARTMENTAL POLICIES. RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The fonnulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specified provisions ofthis Agreement, the Agreement shall control. Section 2. In the event the City amends or revises an existing rule or implements any new rule, it shall give ten (10) days notice to the Union. ~ t-f /;>01 0 \ ~ City 57 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 33 POSTING Vacancies in positions or assignments will be posted in-house no less than thirty (30) days before the application deadline for the position or assignment is closed. /':::::::-\ 41& -1 ,~, 0\ -V City 58 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 34 COMPLETE AGREEMENT AND WAIVER CLAUSE This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the tenn ofthis Agreement. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the tenns of this Agreement and the City's Personnel Police Manual and not under any Civil Service Rule/Regulation and heretofore in existence. ~ JLß 4bùlo\ '~on City 59 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 35 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof, such findings shall not affect the remainder ofthis Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. ~ X--ß if (20/0' "../. \ '\ . . . ì "-. .. . City Bn:ron 60 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 36 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2007. Wage adjustments, including base wage, perfonnance base pay, reduction and/or loss of assignment pay, are all retroactive to October 1, 2004. There will be no base wage or perfonnance based increases beyond September 30, 2007, unless otherwise agreed to by the parties through negotiations. -¥ß ~(20( 0\ ~ City 61 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 37 TAKE HOME VEHICLES The City will implement a take home car policy that will include the following elements: 1. Take home vehicles will be provided to Members assigned to patrol during the tenn ofthis Agreement from a total pool of forty (40) vehicles assigned as hereinafter described. The total number of vehicles available for assignment to members of this bargaining unit is variable, depending on the number of vehicles assigned trom the forty (40) vehicle pool to Sergeants. A total of fourteen (14) vehicles will be assigned to the Patrol and Sergeants units in year one (1), if this Agreement is ratified by April 28, 2005. Ifso ratified, the City will promptly solicit bids for and order fourteen (14) vehicles which will be assigned on delivery. An additional thirteen (13) vehicles will be ordered at the commencement ofthe 2005-2006 fiscal year, and the final thirteen (13) vehicles ordered at the commencement of the 2006- 2007 fiscal year. 2. A Member is eligible for a take home vehicle ifthe Member has three years of service with the department and resides within 15 miles of the City limits. 3. Vehicles will be assigned on the basis of seniority (by ill number), with seniority bumping rights for Members transferred to patrol. J!ß 4(:1010' ~ "- , " City 'on 62 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 4. Assigned vehicles are not for personal use but for transportation to and from work only. 5. A member who lives beyond the 15 mile radius described in paragraph 2 above will be assigned a specific vehicle from the pool of forty (40), but may not take hislher car home. ~ß t{(2Of V'Ç ~ City 63 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc ARTICLE 38 LONGEVITY PAY Section 1. In order to provide benefit incentives to long-tenn employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of$500.00. On the employee's tenth (10th) anniversary a lump sum payment of$l,OOO.OO On the employee's fifteenth (15th) anniversary a lump sum payment of$1,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of $2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond tennination payouts. Employees who tenninate fÌom City employment prior to their anniversary date will not be entitled to Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay. Section 4. The longevity benefit set forth in this Article takes effect October 1, 2005. By way of example, a member who has twelve years of service on October 1, 2005 will receive a longevity benefit lump sum payment of$l,OOO.OO (10th anniversary). That member's next longevity benefit \Lß 1Þolo \ ~ . City on 64 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc lump sum payment will be $1,500.00 on the employee's 15th anniversary. -W> t( fml Ð\ ~ City 65 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc 69 parties through the authorized representatives of the Union and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION BY: Witness Ernest W. George, President Witness CITY OF BOYNTON BEACH BY: ~~ Witness Kurt Bressner, City Manager Witness ATTEST: City Clerk APPROVED AS TO FORM: Ratified By City Commission Ratified by Union Date Date Vß ~I (;2{)lors; ~ City Union 69 parties through the auÙlorized representatives of the Union and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION BY: Witness Ernest W. George, Prcsi Witness CITY OF BOYNTON BEACH BY:~~ Witness Kurt Bressner, City Manager Witness ATTEST: -' City Clerk APPROVED AS TO FORNI: ,-- City Attorney Ratified By City Commission Ratified by Union Date Date ye, t-If?-òlog f~:~ City 2:d W~60:01 S002: 12: 'Jd~ 9S19-2:vL-19S: 'ON ><~..:I SNOll~~I1S~~NI Gd88: WO~..:I VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.S. 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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19,2005 April 4, 2005 (Noon) D June21,2005 June 6, 2005 (Noon) :g] May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF :g] Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Ratification of the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Sergeants for the three (3) year period commencing October 1, 2004 and ending September 30, 2007. EXPLANATION: The City's negotiating team and the PBA - Sergeants Unit, have been engaged in contract bargaining and have successfully negotiated an Agreement which has been ratified by the Union. It is now before the Commission for ratification. PROGRAM IMP ACT: n/a FISCAL IMP ACT: n/a ~me City Attorney's office Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION ROS- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 PALM BEACH COUNTY POLICE BENEVOLENT 8 ASSOCIATION - SERGEANTS FOR THE PERIOD 9 OF OCTOBER 1,2004 THROUGH SEPTEMBER 30, 10 2007, AND AUTHORIZING AND DIRECTING THE 11 MAYOR AND CITY CLERK TO EXECUTE THE 12 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the City of Boynton Beach and the Palm Beach County Police 16 Benevolent Association (PBA) - Sergeants have successfully concluded negotiations for a 17 three (3) year contract; and 18 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confinued by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach 31 County Police Benevolent Association (PBA) - Sergeants for the period of October 1, 32 2004 through September 30,2007, and authorizing and directing the Mayor and City Clerk 1 to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution will become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of May, 2005. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 s:ca\reso\agreements\PBA - Lts 04-07 29 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2004 - SEPTEMBER 30, _2007 I ~ ~'....., iß tf(2-(){1' ., / \. City Union S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Sgts Final 04-07.doc TABLE OF CONTENTS Article Page Preamble......... ............................ 1 1 Recognition................................. . 2 2 No Strike or Lock-Out....................... 3 3 Non Discrimination........................... 5 4 Dues Deduction.......... ............. ........ 6 5 Union Time PooL............................ 7 6 'PBA Representation..................... 8 7 Bulletin Boards. ............................. 10 8 Reproduction ......................... 11 9 Rights of Law Enforcement Officers Under Investigation........................ 12 10 Management Rights........................... 13 11 Discipline and Discharge................... 15 12 Rate of Pay........... ....................... 16 13 On Duty Injuries............................. 20 14 Call Back Pay................................ 21 15 Stand By Pay.... ................. ............ 23 16 Court Appearances............................ 24 17 Bereavement Leave............................ 25 18 Sick Leave............ ..... .................. 26 19 Vacation.................................... . 28 20 Holidays......... ........ .................... 30 21 Funeral Expenses.................. ...... ..... 32 22 Medical Expenses............................. 33 23 Uniforms.......................... ........... 34 24 Training......... ............................ 36 25 Personnel Records........... ................. 37 26 Solicitations....... ......................... 39 27 Safety and Health............................ 40 28 Use of City Facilities....................... 41 29 Hours of Work and Overtime............ 42 30 Shift Selection.... .......... ................ 44 ~ 1(201¡~ ~ City Union S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Sgts Final 04-07.doc 31 Seniority... ....................... .......... 45 32 Transfers and Shift Changes.............. 46 33 Group Insurance......................... ..... 47 34 Tuition Reimbursement...................... 49 35 Departmental Policies, Rules & Regulations. . . . . . . . . . . . . . . . . . . . .. 50 36 Special Details..... .............. ...... ..... 51 37 Grievance and Arbitration Procedures. . . . . . . . . . . . . . . . . ........ 52 38 Past Practices............................... 58 39 Entire Agreement.... ............ ............. 59 40 'Personal Vehicles............................ 60 41 Qualifications For a Bargaining Unit Position....... 61 42 Temporary Assignment..................... 62 43 Savings Clause............................... 63 44 Chemical Testing....... ............. ......... 64 45 Duration of Agreement................. 65 46 Take Home Vehicles.................. 66 47 Longevity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 67 Signatures....................... .............. 62 PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the Palm Beach County Police Benevolent Association, hereinafter referred to as the "PBA" or the "Union". It is the intent and purpose of this Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to provide an orderly, prompt and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, tenns and conditions of employment. ~i3 4(2J 6~- (fjjiJ City Unl0n S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Sgts Final 04-07.doc 4 42(6 Þ(føo~o ç rw Union City 5 ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other tenns and conditions of employment for all employees in the bargaining unit. The tenn "member" or "employee" will mean any member of the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission dated September 16, 2002, and comprises all full-time police sergeants with the City of Boynton Beach. Excluded are all other employees of the City. ~ß 1 (7d oC ~ City 6 ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful perfonnance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the tenn of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or iJi J((!<fO\ ~ City Union 7 the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 - Grievance and Arbitration Procedures. J?ß 1(2do~ ~\ City Union 8 ARTICLE 3 NON-DISCRIMINATION Section 1. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. Discriminatory conduct means words or actions which are derogatory or insulting and make reference to age, race, gender, religion or national original. To that end, the City and the Union agree that bargaining unit members have an affinnative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including tennination. Section 2. Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under the Agreement. -¥ß t((2Ò(OC @ ·:f .... City Union 9 ARTICLE 4 DUES DEDUCTION Section 1. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form fÌom the employee. Employees who are currently members of the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be fÌom an official of the Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date of the change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer once per month, not later than fourteen days after the end of the month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. -\28 1 (2cl '0'\ @ City 10 ARTICLE 5 UNION TIME POOL Section 1. The City shall allow employees to donate time for the creation of a time pool for utilization of designated union representatives for the conduct of union business within and outside of the City. Use of time pool time maybe denied if it will result in the City incurring overtime payments. Time pool activities shall be limited to activity by union representatives for the following: A. To assist an employee who is required to appear at a hearing related to a grievance; B. To assist an employee who is presenting or responding to a grievance; C. The employee is subject to interrogation in conjunction with an internal affairs investigation; D. To assist an employee who is attending a predetermination hearing. E. Attendance at collective bargaining sessions as a team representative. Section 2. In addition, members of the bargaining unit may donate in two (2) hour increments (on a form designated by the City), not to exceed eight (8) hours each per year of vacation time to be used toward the Union Time Pool. Section 3. Union representatives shall be released from duty upon reasonable notice to the Department and upon the approval of the division or bureau commander or lieutenant. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. ~ß t{ (2010' ~ City Union 11 ARTICLE 6 PBA REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of bargaining and any bargaining team members shall be pennitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay but the time for more than two (2) representatives will be charged to the Union Time Pool. The City shall not be required to provide overtime to any employee attending negotiations. The Union representative must be a member ofthe bargaining unit. Section 3. The parties agree that the PBA may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be pennitted reasonable release time with pay upon approval of the division or bureau commander or lieutenant for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the Departmental chain of command. A representative may not refer an issue outside of the department without first presenting it to a senior staff officer. This shall not relieve employees from observing the Departmental chain of command ~ J((2<.Å O~ 6-'~, ~) City "'on 12 except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as a PBA]epresentative. Jds .t{ (20' 0 \ ~I City Dnlon 13 ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Sergeant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies of the Union; recreational and social affairs of the Union, and notices by public bodies. iß 4(20( o~ ~ City Union 14 ARTICLE 8 REPRODUCTION Section 1. The parties agree that all bargaining unit members covered by this Agreement shall be provided one (1) copy of this Agreement by the City at no cost to the bargaining unit member. Section 2. . The City will post the Agreement on the City's shared drive. -t!ß ~ J{r~cl 0" c(:J-7f) City Union 15 ARTICLE 9 RIGHTS OF LAW ENFORCEMENT OFFICERS UNDER INVESTIGATION The City of Boynton Beach agrees that all rights of Law Enforcement Officers under investigation detailed and granted by Florida Statutes, Section 112.532, 112.533, AND 112.435 will be observed and practiced. -.¥ß J{(2do~ ~ City Union 16 ARTICLE 10 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. Hire, promote, and layoff employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. 'Discharge and suspend employees for cause. C. Transfer employees rrom one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be perfonned by employees. G. Fonnulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. I. Mandate physical, medical, and drug testing in accordañce with law. The City agrees to use State Certified Laboratories for all drug testing. J. Detennine and change the equipment and materials provided to or not provided to employees. K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any units based upon the needs of the Department as detennined by the Police Chief. If the City fails to exercise anyone or more of the above functions rrom time to time it shall not be ~ßJf/;defC ~ City Union 17 deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. J!6 ~ !-)d óC ~ City Union 18 ARTICLE 11 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal disciplinary action in the manner set forth in Article 37 ofthis Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, it is incumbent upon the Police Chief to make a recommendation to the City Manager for discipline within ten (10) days of the Police Chief's conclusion of the investigation. J2ß ~f2{) 0 \ ~ City Union 19 ARTICLE 12 RATE OF PAY Section 1. Effective on ratification, the starting base pay for Sergeants will increase to $52,000. Base pay will increase to $53,560 on 10/1/05 and to $55,167 on 10/1/06. Section 2. Top out pay for Bargaining Unit Members during the term ofthe agreement will be: Year One--$76,138 Year Two-$77,745 Year Three$80,077 Section 3. Wage increases during the term of this Agreement will have two components; a base wage market adjustment, and a performance based adjustment as follows: Year One (10/1/04-9/30/05) A. All members will receive a 9.8% base wage increase retroactive to 10/1/04. B. Members who received a satisfactory performance evaluation on their July 2004 performance evaluation wiU receive a 5% base wage adjustment effective 10/01/04. Year Two (10/1/05-9/30/06) C. All members will receive a 3.0% base wage increase effective 10/1/05. D. Members who receive a satisfactory performance evaluation in February 2006 will receive a 5% base wage adjustment effective 4/1/06. Year Three (10/1/06-9/30/07) E. All members will receive a 3.0% base wage increase effective 10/1/06. F. Members who receive a satisfactory performance evaluation in February 2007 will receive a 5% base wage adjustment 4/1/07. j!ß ~{bdo' ~ City Union 20 Section 4. No member shall receive an adjustment to base salary in excess of top out pay. Payment over base shall be lump sum and shall be treated as wages for pension calculation purposes when approved by the Pension Board. Section 5. The City's perfonnance based compensation system represents an integral component of an employee's opportunity for wage increases. The procedures for conducting annual perfonnance evaluations for all police department personnel is set forth in the Police Department Written Directives, Index Code 700. On ratification of this Agreement, the annual evaluation cycles will be adjusted to provide a preliminary evaluation in November of each year, commencing November 2005 and a final annual evaluation in February of each year, commencing February 2006. Section 6. Employees must receive an evaluation of satisfactory or above to receive a perfonnance base wage increase. In the event an employee receives a less than satisfactory perfonnance evaluation during any annual evaluation period, that employee shall not be eligible for a perfonnance based wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, at which time the employee will be re-evaluated. In the event an employee receives a satisfactory or greater perfonnance evaluation, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. If the employee does not receive a satisfactory or greater evaluation an additional and final ninety (90) days re-review period shall begin. Failure to achieve a satisfactory or greater evaluation at the end of the second ninety (90) day period shall constitute grounds for just cause discipline. J2ß 1f.Jdos ~L City 21 Section 7. The City may make changes in the current perfonnance appraisal instrument only after the PBA has had the opportunity to provide input on the instrument. Section 8. Attendance is an integral component of perfonnance. In the event an employee has been placed on restrictive sick leave pursuant to Departmental Policy, a copy of which is attached hereto as Exhibit "A", (excluding Family Medical Leave) during any annual evaluation period, that employee shall not be eligible for a wage adjustment. Instead, the employee's wage adjustment shall be delayed for a period of ninety (90) days, during which it will be detennined if the employee has had more occasions of use of sick leave. In the event an employee does not have an additional occasion of use of sick leave, then that employee shall be granted the wage adjustment on the first full payroll after the completion of ninety (90) days. The employee's denial of a wage adjustment shall continue in ninety (90) day increments each time an employee has one or more additional occasions of use of sick leave. Section 9. Employees at, or above, the maximum of their respective range, upon ratification of this agreement will remain at their current salary, and will only receive a wage adjustment in the fonn of a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be considered a salary disbursement included in W -2 holdings for the purpose of pension calculations. Section 10. Each member assigned to the 11 12 hour shift, who works that shift, will be paid an additional 5% of base in year one (10/1/04-9/30/05). This shift assignment pay will end 9/30/05, with no shift assignment pay thereafter. -Vf> ,fr( )0( Oç: ~) City Dnlon 22 Section 11. The only add on or assignment pay, other that the 11 12 hour shift payment referenced above that will be paid to employees following ratification ofthis Agreement as follows: A. SRT (Special Response Team): Those members who have successfully completed testing and are selected as a member of the Police Department SRT Team, shall be compensated an additional 10% for hazardous duty when said Team is actually called to duty. B. K-9 Unit. Members assigned to the K-9 Unit will receive one (1) hour of overtime for K- 9 care, equipment maintenance and vehicle cleaning for each RDO, vacation day where the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Members on vacation will be credited one hour per day for K-9 care, equipment maintenance and vehicle cleaning. C. Officers, while assigned as Field Training Officers and who have completed successfully the required 40-hour training shall be compensated an additional five (5%) during the assignment. ;¿e .tf (lO( û \ ~ '," , City Union 23 ARTICLE 13 ON-DUTY INJURIES Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury detennined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his/her Workers' Compensation check and his/her nonnal net take home pay. Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. Following three hundred sixty (360) days loss of duty due to a service-connected injury, the City shall be authorized to dismiss the employee for physical inability to perfonn within the employee's classification. Section 4. The City shall attempt to provide light duty police work for employees disabled in the line of duty. -VB 1(200" ~~ ". } City Union 24 ARTICLE 14 CALL-BACK PAY Section 1. The Department shall develop a call-back policy, based on seniority, which provides for the following: a. Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off-going shift or those currently on duty. b. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than an on duty, off going sergeant, the starting point on the seniority list will be the name of the sergeant immediately after that sergeant who elected to fill the last vacancy utilizing the "wheel" procedure. c. No employee shall work more than 16 hours in any 24 hour period absent a designated emergency. Section 2. On duty, off going sergeants who elect to fill a vacancy on the upcoming shift will be paid at time and one-half of the regular rate of pay for each hour actually worked past their nonnally assigned shift. Section 3. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked, will be paid at time and one-half their regular rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate. ¥ß ~(2(Jo' ~ City Union 25 ARTICLE 15 STAND-BY PAY Section 1. Employees directed to be on operational stand-by status must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one- half (1 112) the employee's regular rate of pay for each day (24 hour period) on call. Section 2. In the event the unit member responds to a specified location for duty, this section would not apply and Article 14, Call-Back Pay, would prevail. Therefore, Stand-By Pay will only be granted if the unit member is on stand-by status and not called to duty. ¥ò ~dzo(ó'- @!iJ City Unlon 26 ARTICLE 16 COURT APPEARANCES Section 1. When required to respond to court, deposition, subpoena, or any other judicial or administrative proceeding arising out of a member's duty as a police officer, and not involving the officer as a plaintiff or whose interest is affected by the plaintiff, the employee shall be paid a minimum of three (3) hours per day at time and one-half (1 112) the employee's regular rate of pay, unless such court appearance occurs during the employee's regular working hours. Section 2. If court appearance is contiguous with the end of the employee's shift, court time shall be compensated as any other over time assignment. Section 3. When a member has been ordered to remain on standby for court appearance purposes during the member's off-duty hours, he/she shall be compensated at a minimum of one hour at time and one-half (1 Yz) the member's regular rate of pay for the first hour and one-half (1/2) the member's regular rate of pay for all remaining hours. Y/3 q()OI D' €I) City Union 27 ARTICLE 17 BEREAVEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse, domestic life partner, and any pennanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for anyone death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral of the deceased, five (5) days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his/her designee on a case-by-case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify, in writing attendance at an out-of-state funeral in writing in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section. ~ t( { 20 I () \ ~ City Union 28 ARTICLE 18 SICK LEAVE Section 1. Sick leave is earned and accrued on an hourly basis. Employees shall earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. Use of sick leave will be charged against a member's bank of accrued time on an hour for hour basis. The use of sick leave shall be in accordance with the City of Boynton Beach Personnel Policy Manual. Upon retirement or separation of service with the City of Boynton Beach, all accrued sick leave will be paid out at the rate of 50%. Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has at least 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick leave and annual leave to the equivalent of hislher current annual earned vacation rate. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for J2ß J{( 2dô c éj) City Union 29 proper charge to sick leave records. The time charged will be used in the order listed on the appropriate fonn supplied by the Union Steward. Section 4. Sick leave use for medical appointment must be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the Department. Section 5. No member shall be placed on restricted sick leave prior to being counseled by the Division Commander infonning the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on restricted sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, provided the contributing employee has at least 120 hours of accrued sick leave, the employee may convert sick time to vacation time not to exceed forty (40) hours, to be transacted on the first month of the calendar year. Section 7. Each bargaining unit member covered by this agreement is eligible to receive eight (8) hours of additional leave for continuous attendance at work at the completion of each calendar quarter that the bargaining unit member has not used sick leave during the previous quarter, nor has been absent from work or on leave, other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provisions set forth for use of vacation. ..k:'~ .í-f/2Õ{ 0 \".- 6 City Union 30 ARTICLE 19 VACATION Section 1. Vacation is earned and accrued on an hourly basis. Each full time employee shall earn vacation leave at the rates shown in the schedules outlined below. Use of vacation leave will be charged against a member's bank of accrued time on an hour for hour basis. The number of hours credited per year will not increase after the 20th year of service unless the schedule is amended. A bargaining unit member shall, upon tennination of employment with the City, be paid for unused accumulated vacation leave. For all bargaining unit members: Years of Service Vacation Hours Per Year 1 96 2-3 120 4 128 5 136 6 144 7 152 8 160 9 168 10 - 15 176 16 - 20 192 21+ 200 .¥ô Þ/f;doç @ City Union 31 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted rrom forty eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty one (21) days prior to the date or dates requested. Vacations of three (3) consecutive shifts or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. No member shall be denied vacation nor shall vacation privileges be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. Section 6. All sergeants shall receive, in addition to the existing vacation accruals, 60 hours of personal time which may be used in four hour increments (non-accumulative and cannot create an overtime situation). Denial of a request for usage is not grievable. J!ß ~ rl~<Ç Ææ City Unlon 32 ARTICLE 20 HOLIDAYS Section 1. Holidays will be in accordance with the City of Boynton Beach Personnel Policy Manual. Section 2. Employees shall be paid for legal holidays. Those employees who work on a holiday shall also be at time and one-half rate. Those employees who are scheduled off for the holiday will be paid at straight time. Employees must work their regular work days immediately before the after the holiday in order to receive pay for the holiday or be in an authorized with pay status immediately before and after the holiday. Section 3. A. Holiday Conversion. Under this Article a member may elect not to receive holiday pay as outlined in Section 2 above, but instead to have the equivalent straight time holiday hours added as a lump sum to their accrued vacation balance. B. Members who sign up for this section must do so between October 1 st and October 31 st of each contract year with the Bureau of Administration. C. Members exercising this option for conversion will be paid only straight time for the hours worked on the holiday. D. Members whose regular days off are on a holiday will receive their nonnal weekly pay. E. Members leaving the service who participated will owe the City for those holidays they were not on the payroll either through loss of vacation credits or deduction from funds due from the City. F. Members may elect to take the holiday off and at their option deduct eight (8) hours 1dß .t-l(7do\ ~ City Union 33 vacation or take the holiday off without pay. it> 1 (7tlv r ~ City . Ii 34 ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a payment not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a fonn to be supplied by the Human Resource Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. _.¡l~ 1 f? ð{ 0";- @ City Union 35 ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's pennanent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as any other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be perfonned at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. The City shall bear the costs involving lead testing for the Range Instructor(s). Section 5. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the time of his/her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. . ¥B -1 (2()l~<: ~ City Union 36 ARTICLE 23 UNIFORMS Section 1. The City will supply those parts of the unifonn that the City requires police sergeants to wear on duty. The City will supply replacements for the parts of the unifonn when replacement is appropriate, as detennined by the Chief of Police, and if adequate funds are available in the City's budget. Section 2. Effective on the date of the approval of this Agreement, sergeants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1 ,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. This allowance shall commence horn the date of assignment on a pro-rate basis. Section 3. Sergeants assigned to plain clothes duty for more than three (3) months at a time will receive a clothing allowance in accordance with the above for the three (3) months and pro-rated thereafter. Section 4. The City will bear the cost of cleaning ten (10) issued- unifonn pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment. Plain clothes Sergeants shall be given a cash cleaning supplement reasonably equivalent to that of the unifonned sergeant. This will be paid at the end of each quarter of the contract year. This allowance shall commence horn the date of assignment on a pro-rated basis. Section 5. Sergeants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given sergeants and JLß ~ f) d DC W" .. ; City -,. 1 37 pro-rated thereafter. These payments for sergeants assigned to plain clothes duty will substitute for the nonnal cleaning allowance for sergeants. ~ß ~/ {; of oC- ~ City Union 38 ARTICLE 24 TRAINING Section 1. All training required of the sergeant by the Police Department when off duty shall be compensated at the rate of time and one-half (1 1/2) the employee's regular rate of pay, not including seminars, conferences, schools and special programs. Section 2. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member of the Department. ~ Q(2t¡lDC ~ City -Ü~ion 39 ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all bargaining unit employees is maintained by the City Human Resources Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to hislher Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Records destruction guidelines. Section 5. All bargaining unit members covered by this Agreement must be notified in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining ~6 ¿( /)d,()\~ ~ City · nI~'n 40 unit members' personneVI.A. file. ~rP:> 4/ J tJ (()(- ~ City Union 41 ARTICLE 26 SOLICITATIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. .¥ß> t-{ (~ D' ~ '--:- . City Union 42 ARTICLE 27 SAFETY AND HEALTH Section 1. The City agrees that it will confonn to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devices, wearing apparel and other equipment necessary to protect employees trom injury shall be provided and maintained in proper working condition by the City at no cost to the employee. ¥.ß t.ff 2-d 0" ~ City Union 43 ARTICLE 28 USE OF CITY FACILITIES The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other groups. ~ -1/ ÞO lv, ~ City Union 44 ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. The normal hours of work for bargaining unit members not assigned to the 11.5 hour day shall be five (5) days per week at eight (8) hours per day, or four (4) days per week at ten (10) hours per day. Time and one-half shall be paid for all hours worked above forty (40) hours per week. For those members assigned to an 11.5-hour day, the normal work period is a twenty-eight day, one-hundred-seventy one hour work cycle. Time-and-one-half shall be paid for all hours actually worked above 171 hours in that cycle. For the purpose of calculating hours worked for overtime purposes, only the following categories of leave shall be treated as hours worked: A. Hours actually worked B. Authorized leave for training or school. Section 2. No work schedule, days off, hours of work, etc., shall be changed primarily for the purpose of avoiding the payment of overtime. Section 3. No person shall be required to work more than sixteen (16) hours at one (1) time, except in a declared emergency. For the purposes of this section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) or man-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. Section 4. One Sergeant per shift per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive 15 minutes of overtime pay for performance of tasks generic to their position such as organization, shift preparation and review of subordinates work. XB -4 f?d 0("" ~ . . .--..-- ; City Union 45 ARTICLE 30 SHIFT SELECTION Section 1. The Chief of Police or his/her designee shall have discretion to detennine the number of persons assigned to each shift and division within the Department. Section 2. The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the junior sergeant for training purposes. The right to select shift shall not apply to probationary sergeants. Section 3. For the purposes of shift selection only, at the scheduled shift pick Acting Sergeants with six (6) months or more experience in the position of Acting Sergeant shall be considered in the pick as Junior Sergeant and shall fall in the shift pick accordingly. ~rp .q( ~vI'D,- ~ City Union 46 ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the date of promotion to sergeant. If two (2) sergeants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the detennining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the detennining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to detennine the number of sergeants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police sergeant's position is to be abolished, the incumbent with the least seniority in the position of sergeant would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. J¿f:> if (201 OC ~ City Union 47 ARTICLE 32 TRANSFERS AND SHIFf CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as elsewhere defined in this Agreement. If a member suffers a transfer or shift change, as defined in this Agreement, without forty- eight (48) hours notice and without the consent of the employee, all time worked on the first newly assigned shift or workday shall be at the overtime rate. Section 2. Members may request to exchange shifts, provided that the exchange is approved by the members supervisor. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. .rß '1/21;[ 0\- €rID City Union 48 ARTICLE 33 GROUP INSURANCE Section 1. The City shall pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City shall pay for one hundred percent (100%) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit. Section 3. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. Reductions in coverage are pennissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement, provided, in the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members' annual deductible by more than five (5%) percent over the deductible current at time of ratification or an itemized co-payment by more than 25%, the union may reopen negotiations of this Article, by making written request to the City Manager. The review and selection of insurance coverage shall be made on an annual basis by the City. To that end, the City has fonned an insurance committee comprised of an equal number of non-represented members who are appointed by the City Manager and two members :trom each of the City's bargaining units. Bargaining unit representatives shall be designated by the Union. The committee shall meet annually in sufficient advance of the annual insurance benefit renewal X:ß 180\0' ~ _c-J_/' City Union 49 as to have meaningful input in that process. The final decision regarding selection of coverage is reserved to the City, but the City shall strongly consider input and recommendations from the insurance committee. ¥f;:> J(f;n,foç- ~ City Union 50 ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the fonn of paid tuition and books for members who choose to attend an accredited college or university. Section 2. The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 1 00% of the cost of a course. Members attaining a grade of "C" shall be reimbursed for 50% of the cost of a course. In the event that a course is a mandatory passlfail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager enhance the member's perfonnance as a law enforcement officer. Section 5. Tuition reimbursement shall be at state college/university rates. Employees currently participating in the tuition reimbursment program and who attend a private college/university are grandfathered in at private collegeluniversity tuition rates. .\2ß ¿112DI VC- ~~ City Union 51 ARTICLE 3S DEPARTMENTAL POLICIES. RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The fonnulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. "'~ ~ q(-¿dDC ~) City Union 52 ARTICLE 36 SPECIAL DETAILS Section 1. Off-duty police employment shall be defined as any police-related duty that is perfonned or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option of the user. If the user and/or the City detennines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. ¥ß Lfk.olot.- ~ City Union 53 ARTICLE 37 GRIEVANCE AND ARBITRATION PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application of the Collective Bargaining Agreement. Section 2. A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step ofthe grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1st, the Police Chief must respond by January 21st. If the Police Chief responds to the Grievant on January the 3rd, and the Grievant is not satisfied with the Chief's detennination, the Grievant -has ten (10) days from January 3rd to request appointment of an arbitrator. If the Police Chief fails to respond by January 21 st, the Grievant has ten (10) days from January 21 st to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: ¥ß 1{2v(o\ ~1Þ City Union 54 Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within five (5) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the immediate supervisor. The Police Chief may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chief s disposition or the expiration of the time period for the Chiefs disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within twenty (20) days of the filing of the grievance with the City Manager. The City Manager ~ß 1190{o~ c-rêf~) City Union 55 may require members of the Bargaining Unit to submit to questioning as part of his review of the grievance. Step 6. In the event the employee is not satisfied of the disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days of the date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The grievant's request shall commence with a written request the Federal Mediation and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Agreement. ¥ß 1po\o\ ~ City Union 56 ARBITRA nON Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be detennined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that detennination, the City shall pay the cost of the arbitrator. If the City raises the question of arbitrability and the arbitrator detennines that the matter is not arbitrable, the tffiien Grievant shall pay for the arbitrator. This provision shall not prohibit the City from challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In the event of a court action by the City, the grievancelarbitration proceeding shall be abated until the conclusion of the court proceeding:. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement of the grievance set forth in the written grievance fonn together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may ¥tS 4fJolv, ~ , City Union 57 not issue declaratory opinions and shall confine himselflherself exclusively to the issues presented, which must be actual and existing.:. Section 5. The arbitrator shall render a written decision within thirty (30) days of the close of the arbitration hearing or submission of post hearing briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Tennination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre-detennination conference with the City Manager or hislher designee. No pre-detennination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay - two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: A. Major discipline may be appealed to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. The arbitrator may sustain, reverse, or modifY the discipline set by the City Manager. The decision of the Arbitrator is final and binding on the parties. J!ß ;¡bò!o, ø City Union 58 C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the Human Resource Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The Human Resource Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The Human Resource Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the Human Resource Manager's decision increase the discipline to more than a suspension without pay of three days. The Human Resource Manager make conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his /her investigation of the discipline. 1Is ~/ !:7P( 0\ ~ City Union 59 ARTICLE 38 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. J. Three (3) complete unifonns per year, as needed. ¥B .Jf 121)ID' ~ " City Union 60 ARTICLE 39 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This Agreement cannot be changed or altered unless it is by mutual consent by both parties, in writing. ~ ;/?-ol () C- @ City U-nion 61 ARTICLE 40 PERSONAL VEHICLES Section 1. When an employee is required to use hislher personal vehicle in the perfonnance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and .trom the nonnal work location. Section 2. For the purpose of this Article, the perfonnance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. Section 3. When a bargaining unit member is pennitted to take a City assigned vehicle home, use shall be limited to coming and going from home to work and no deviations for non-essential (i.e. not related to work) personal errands. V-f:> 1¡20'D\ ~ City Union 62 ARTICLE 41 QUALIFICATIONS FOR A BARGAINING UNIT POSITION Eligibility for hiring or promotion to position in the bargaining unit shall be as follows: A. Three (3) years of experience as a law enforcement officer with the City of Boynton Beach, United States military police, any law enforcement agency, or any combination thereof. B. Must possess on effective date of hire and thereafter maintain FDLE certification. C. Must possess on effective date of hire and thereafter maintain a Florida drivers license. Vß 4/~tI oC ~ City Union 63 ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Sergeants acting in the capacity of Watch Commander shall be paid five percent (5%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. ~ ~ 12d V\..- ~ City Union 64 ARTICLE 43 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent of the parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. All new hires, promotions and appointments will have a one (1) year probationary term. ~ Þ//2v/Oc- ~ City Union 65 ARTICLE 44 CHEMICAL TESTING Section 1. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code, Florida Statutes and the Drug Free Workplace policy adopted by the City of Boynton Beach. Vf, ~h()lo~ ~íP City Union 66 ARTICLE 45 DURATION OF AGREEMENT Section 1. This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission, and shall remain in effect until September 30, 2007. Wage adjustments, including base wage, perfonnance base pay, reduction and/or loss of assignment pay, are all retroactive to October 1, 2004. There will be no base wage or perfonnance based increases beyond September 30, 2007, unless otherwise agreed to by the parties through negotiations. ~ qf¿oloc ~ City Union 67 ARTICLE 46 TAKE HOME VEHICLES The City will implement a take home car policy that will include the following elements: 1. Take home vehicles will be provided to Members assigned to patrol during the term of this Agreement from a total pool of forty (40) vehicles assigned to the Sergeants bargaining unit and the patrol bargaining unit. Vehicles not assigned to Sergeants from the forty (40) vehicle pool will be assigned to members of the patrol bargaining unit as provided in the patrol collective bargaining agreement. 2. A Member is eligible for a take home vehicle if the Member has three years of service with the department and resides within 15 miles of the City limits. 3. Vehicles will be assigned on the basis of seniority (by ill number), with seniority bumping rights for Members transferred to patrol. 4. Assigned vehicles are not for personal use but for transportation to and from work only. 5. A member who lives beyond the 15 mile radius described in paragraph 2 above will be assigned a specific vehicle from the pool of forty (40) but may not take his/her car home. .¥ß Lf/20(OÇ ~ City Union 68 ARTICLE 47 LONGEVITY PAY Section 1. In order to provide benefit incentives to long-tenn employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of$500.00. On the employee's tenth (loth) anniversary a lump sum payment of$l,OOO.OO On the employee's fifteenth (15th) anniversary a lump sum payment of$1,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of $2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond tennination payouts. Employees who tenninate from City employment prior to their anniversary date will not be entitled t6 Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay. Section 4. The longevity benefit set forth in this Article takes effect October 1, 2005. By way of example, a member who has twelve years of service on October 1, 2005 will receive a longevity benefit lump sum payment of $1,000.00 (loth anniversary). That member's next longevity benefit lump sum payment will be $1,500.00 on the employee's 15th anniversary. Agreed to this day of , 2002_, by and between the respective Y-ß £( r;:a,foC' ~ City tInion Agreed to this _ day of ,2005, by and between the respective parties through the authorized representatives of the Union and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: Witness President Witness CITY OF BOYNTON BEACH By: ~~ Witness Kurt Bressner, City Manager ATTEST: Witness City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Ratified by Union Date Date -0s td 2{)f O~ ~ City Union 66 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Patrol final 2004 - 2007.doc Agreed to this day of ,20_, by <md between the respective parties through the authorized representatives ofthe Union and the City. POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION ¡2 BY ~L/.'~ -' Witness Ernest George, Presid Witness CITY OF BOYNTON BEACH -- BY: ~ Witness Kurt Bressner, City Manager ATTEST: Witness --- City Clerk Ratified by City Commission Ratified by Union Members Date Date ~ City Union 69 S:\CA\Collective Bargaining\PBA\pßA 2004 Collecti'"e Bargaing\Lta final clean 2004 - 200S.doc [d W~60:01 S00~ 1~ 'Jd~ 9S19-~Þ¿-19S: ·ON XH::I SNOll~9I1S3~NI Gd88: WO~~ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.6 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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) [g] May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [g] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Ratification of the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) - Lieutenants for the three (3) year period commencing October 1,2004 and ending September 30, 2007. EXPLANATION: The City's negotiating team and the PBA - Lieutenants Unit, have been engaged in contract bargaining and have successfully negotiated an Agreement which has been ratified by the Union. It is now before the Commission for ratification. PROGRAM IMP ACT: nIa ~ lty anager's Signature City Attorney's office Department Name City Attorney / Finance / Human Resources i S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION ROS- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 PALM BEACH COUNTY POLICE BENEVOLENT 8 ASSOCIATION - LIEUTENANTS FOR THE PERIOD 9 OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 10 2007, AND AUTHORIZING AND DIRECTING THE 11 MAYOR AND CITY CLERK TO EXECUTE THE 12 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the City of Boynton Beach and the Palm Beach County Police 16 Benevolent Association (PBA) - Lieutenants have successfully concluded negotiations for 17 a three (3) year contract; and 18 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 19 and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to ratify the Agreement and 22 execute the same; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confinned by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby ratify the Agreement between the City of Boynton Beach and the Palm Beach 31 County Police Benevolent Association (PBA) - Lieutenants for the period of October 1, 32 2004 through September 30, 2007, and authorizing and directing the Mayor and City Clerk I to execute the Agreement, a copy of said agreement being attached hereto as Exhibit" A". 2 Section 3. This Resolution will become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of May, 2005. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 IO 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 s:ca\reso\agreements\PBA - Lts 04-07 29 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION October 1, 2004-September 30,2007 ~ 1('26)~ ( TABLE OF CONTENTS Article Page Preamble......... ............................ 4 1 Recognition................................. . 5 2 No Strike or Lock-Out........................ 6 3 Non Discrimination........................... 8 4 Dues Deduction............................... 9 5 Union Time PooL............................ 10 6 PBA Representation........................... 11 7 Bulletin Boards.............................. 13 8 Information Requests/Reproduction.. 14 9 Rights of Lieutenants Under Investigation.... 15 10 Legal Benefit............ ................... 16 11 Management Rights............................ 17 12 Discipline and Discharge..................... 19 13 Subcontracting.............................. . 20 14 Rate of Pay.................................. 21 15 On Duty Injuries............................. 22 16 Call Back Pay................................ 23 17 Bereavement Leave............................ 24 18 Sick Leave.. ................................. 25 19 Vacation.............. ....................... 28 20 Holidays................................... .. 31 21 Funeral Expenses............................. 33 22 Medical Expenses..... ........................ 34 23 Uniforms.................................... . 35 24 Training... .................................. 37 25 Personnel Records............................ 38 26 Solicitations.............................. .. 40 27 Safety and Health..... ....................... 41 28 Use of City Facilities....................... 42 29 Hours of Work and Overtime................... 43 30 Shift Selection....... ....................... 44 31 Seniority...................... .............. 45 32 Transfers and Shift Changes.................. 46 ~ßf2clu~ ~ lty Union 2 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc 33 Group Insurance.... ........... .... ..... ...... 47 34 Tuition Reimbursement............. ........... 49 35 Departmental Policies, Rules & Regulations... 51 36 Off Duty Police Employment................... 52 37 Grievance and Arbitration Procedures......... 53 38 Past Practices....... ................... ..... 58 39 Personal Vehicles............... ..... ........ 59 40 Promotions......... ..................... ..... 60 41 Savings Clause............... ................ 61 42 Temporary Assignment............... .......... 62 43 Chemical Testing............................. 63 44 Entire Agreement...... ............ ............. 64 45 Duration of Agreement........................ 65 46 Reopener. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 47 Starting Salary........................... 67 48 Longevity Pay........................... 68 Signature..... ............................... 69 kg ~l(70(ð\ ~ -. .', , .~ City Union 3 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the Police Benevolent Association , hereinafter referred to as the "PBA " or the "Union". It is the intent and purpose ofthis Agreement to create a sound and mutually beneficial working and economic relationship between the parties hereto; to' provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth basic and full agreement between the parties concerning wages, hours, tenns and conditions of employment. j{g 4 }Jo\oC ËW ~:~ City Union 4 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the PBA as the exclusive collective bargaining agent with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. ' The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full-time police lieutenants, except those lieutenants assigned as the public information officer with the City of Boynton Beach. Excluded are all other employees of the City. J1; f(-¡o\o ( ~ City Union 5 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of Lieutenants from the full and faithful perfonnance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the tenn of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agent and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations ofthe City. Section 3. Each Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution ofthe State of Florida, Article 1, Section 6. Accordingly, the Union, its officers, stewards and others responsible to maintain compliance with this Article and the law, including their responsibility to abide by the provisions ofthis Article and the law by remaining at work during any interruption which may be initiated by others; and their X~ 1( :¡olo( é~ City Union 6 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc responsibility in the event of breach of this Article or the law by other employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes of this Article may be dismissed or otherwise disciplined by the City, and any such action by the City shall not be grievable or arbitrable under the provisions of Article 37 Grievance and Arbitration Procedures. \Le> tf\J-o\()\ ~ City Union 7 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 3 NON-DISCRIMINATION Section 1. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap or membership or non-membership in the Union. Section 2. ' Any claim of discrimination by an employee under this Article may be brought with the appropriate governmental agency, but may not be grieved under this Agreement. Section 3. The Union shall not discriminate against any bargaining unit member who fails to join the Union. Section 4. The City and the Union oppose discriminatory behavior of any nature. The City and the Union shall work jointly to eliminate discriminatory conduct in the work place. To that end, the City and the Union agree that bargaining unit members have an affinnative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including tennination. lli t.f(~ 6 r- ~ " ~) City Union 8 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 4 DUES DEDUCTION Section I. Any employee covered by this Agreement may authorize a payroll deduction for the purposes of paying Union dues. Such authorization shall become effective upon acceptance by the City of a fully executed dues deduction form from the employee. Employees who are currently members óf the bargaining unit need not execute a new dues authorization card. Section 2. The Union will notify the City as to the amount of dues. Such notification to the City shall be from an official ofthe Union. Changes in Union membership dues will be certified to the City at least thirty (30) days prior to the effective date ofthe change. Section 3. Dues will be deducted each pay period and such monies shall be remitted to the Union treasurer or designee once per month, not later than fourteen days after the end ofthe month. Section 4. The effective date of deducting dues shall be the beginning of the pay period following the day the dues deduction form is signed. The effective date for stopping dues deduction shall be at the beginning ofthe pay period thirty (30) days following the date the revocation form is received by the City. Section 5. The Union will indemnify and hold harmless the City against any claims brought against the City based on payroll deductions of dues as provided in this Article. ~ t-/1"Jt>'vç ~;~ City Union 9 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 5 UNION TIME POOL Section 1. The City shall create a time pool of ninety-six (96) hours for utilization by designated union representatives for the conduct of union business within and outside ofthe City. The use of the time pool shall be limited to activity by the union representatives for the following: A. to assist a bargaining unit member who is required to appear at a hearing related to a gnevance; B. to assist a bargaining unit member who is presenting or responding to a grievance; C. to assist a bargaining unit member who is subject to interrogation in conjunction with an internal affairs investigation; and D. to assist a bargaining unit member at a pre-determination hearing. E. Unit members must use time pool if 15 minutes or more is required. Section 2. In addition, members ofthe bargaining unit may donate vacation time in two (2) hour increments, (on a form designated by the City) not to exceed eight (8) hours each per year to the Union Time Pool. Section 3. Union representatives shall be released ITom duty upon reasonable notice to the Department and upon the approval of the division commander. If the needs of the Department do not permit the release of a particular employee as requested, the release of an alternative member during the desired time shall be provided. X€> 1t2ilfo \ @ City Union 10 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 6 PBA REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) PBA representatives for the purposes of bargaining and any bargaining team members shall be pennitted to attend bargaining sessions which may occur during their regular tours of duty without any loss of pay. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the PBA may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be pennitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as PBA representatives within the Department and not on behalf of themselves, employees shall not be obligated to observe the departmental chain of command. A representative may not refer an issue outside ofthe department without first presenting it to a senior staff officer. This shall not relieve employees from observing the departmental chain of ~ 1/:¡b/,lC' tiP City Union 11 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an PBA representative. ~ß Lf{ ~1(Jc ~ City Union 12 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 7 BULLETIN BOARDS Section 1. The Union shall be provided with the use of a Lieutenant's Union bulletin board space at one (1) location in the police building. Section 2. The Union agrees that it shall use the space on the bulletin boards only for the purposes of posting notices of Union meetings; notices and results of Union elections; reports of Union committees; rulings or policies ofthe Union; recreational and social affairs ofthe Union, and notices by public bodies. Ü f(.A¡\o-=- ct3£~ City Union 13 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 8 INFORMATION REQUESTS/REPRODUCTION Section 1. The City agrees to furnish to the Union president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City Commission, and any other body ofthe City whose activities may impact on tenns and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. \lB £i\~G' ~ City Union 14 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION Section 1. The City of Boynton Beach agrees that all rights due Law Enforcement Officers under investigation detailed and granted by the Florida Statutes, Section 112.532, 112.533, 112.534 will be observed and practiced. . ~ß Þ( bO\Œ- W- City Dnlon 15 S:\CA\ColJective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 10 LEGAL BENEFIT Section 1. The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall not be required to pay ajudgment when it has been established that the employee was engaged in conduct outside the scope of his /her employment. ~ß 1 ho\o' cr~ ~ --"..'-._~ ~; ...--' City Union 16 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 11 MANAGEMENT RIGHTS Section 1. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. Hire, promote, and layoff employees in accordance with the City of Boynton Beach Personnel Policy Manual. B. Discharge and suspend employees for cause. C. Transfer employees from one location to another, one shift to another, or one starting time to another. D. Establish and change the starting and quitting times and the number of hours and shifts to be worked. E. Assign and reassign employees. F. Schedule and change the work to be perfonned by employees. G. Fonnulate, implement and change Departmental policy, rules, regulations, and directives which are not in conflict with the specific provisions of this Agreement. H. Introduce new services, procedures, materials, facilities and equipment. 1. Mandate physical, medical, and drug and alcohol testing in accordance with law. The City agrees to use State Certified Laboratories for all drug testing. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting shall be as set forth in Florida Administrative Code and the Drug Free Workplace Policy adopted by the City of Boynton Beach. Random selection shall be by computer generated selection, by an outside entity. J. Detennine and change the equipment and materials provided to or not provided to employees. -¥ß 1..( (2-01 0 \: ~2J) City Union 17 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 _ 2005.doc K. Add to or change the qualifications necessary for any job classification. L. Create, alter or disband any units based upon the needs of the Department as detennined by the Police Chief. Ifthe City fails to exercise anyone or more of the above functions from time to time it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. In the event of any change over which the City may have an obligation to bargain concerning an impact of the change, the change may be implemented prior to resolution of the impact bargaining. Y-ß 1 \ :¡o\oZ ~~ , ~ City Union 18 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 _ 200S.doc ARTICLE 12 DISCIPLINE AND DISCHARGE Section 1. Employees may be disciplined only for just cause. No employee shall be disciplined without notice of the charges setting forth the basis for such discipline. Section 2. Employees shall have the opportunity to appeal said disciplinary action in the manner set forth in Article 37 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chiefs detennination of the conclusion of the investigation. Section 4. No employee shall be subject to demotion, tennination, or a suspension without pay of two days or more without first being afforded the right to a predetennination conference with the City Manager. ~ß t.( bo\ t) \: qç~ City Union 19 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 13 SUBCONTRACTING There shall be no subcontracting for the life of this Agreement. \l~ ~{ 7öh" ~~ City Union 20 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 _ 2005.doc ARTICLE 14 RATE OF PAY Section I On October I, 2004 each Bargaining Unit member will receive a 3% base wage increase in salary, contingent upon a satisfactory perfonnance evaluation. Section 2. Effective April 1,2005, each Bargaining Unit Member will receive a 5% base wage increase in salary, contingent on a satisfactory perfonnance evaluation. Section 3. Effective October 1,2005 each bargaining unit member will receive a 3% base wage Increase. Section 4. Effective April I, 2006, each Bargaining Unit Member will receive a 5% base wage increase in salary, contingent on a satisfactory perfonnance evaluation. Section 5. Effective October 1,2006 each bargaining unit member will receive a 3% base wage Increase. Section 6. Effective April I, 2007, each Bargaining Unit Member will receive a 5% base wage increase in salary, contingent on a satisfactory perfonnance evaluation. Section 7 Only those Bargaining Unit Members who are employed by the City on the date of payments referenced above are eligible for the adjustment. ~6 4 bO\tI~ ~ City Union 21 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 15 ON-DUTY INJURIES Section 1. When an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, the employee shall be entitled to full regular pay. Ifthe period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between hislher Workers' Compensation check and hislher normal net take home pay. Section 2. If the period of disability is greater than 180 days, the City may ask the Police Pension Board to review said employee's disability case for retirement due to disability. Section 3. After 180 days of disability, the employee shall be examined by a physician selected and compensated by the City to determine the likelihood of recovery. Ifthe medical report indicates a likelihood of recovery, 180 days of additional leave may be granted and shall be made up from the affected employee's unused accrual time on the books. Ifthe affected employee has no time on the books, other employees may donate any accrual time to the affected employee. Ifthe medical report indicates the employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. Section 4. The City shall have no obligation to establish light duty police work for employees disabled in the line of duty, if such work is not operationally or fiscally justifiable. \Lß 1f 70\ ð\ M~ City Union 22 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 16 CALL-BACK PAY Section 1. The Union and City agree that each Bargaining Unit member is an exempt status employee under FLSA, not eligible for overtime payments. Section 2. ' Employees will be called back to duty on the basis of seniority in the rank of lieutenant. ~ß ¿I( 2010 \ ea\ ....= ) City UnJ.~ 23 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 17 BEREAVEMENT LEAVE Section 1. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse or domestic partner whose name must be on file with the Department of Human Resources ofthe City and any p'ennanent family member of the household such employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive calendar days for anyone death. However, if it is necessary for the employee to leave the State of Florida in connection with the funeral ofthe deceased, five (5) consecutive calendar days compassionate leave shall be allowed. Additional leave may be authorized by the Chief or his/her designee on a case-by-case basis, except that such additional leave shall be debited against the employee's accrued sick or annual leave. Section 2. Employees must verify in writing attendance at out-of-state funeral in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section, except that such additional leave shall be debited against the employee's accrued sick or - annual leave. ¥' ß .tlf )0\ 0(" ~ .~ City Union 24 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 18 SICK LEAVE Section 1. Employees shall earn ninety-six (96) hours of sick leave per year at the rate of eight (8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual. Bargaining unit members (or their beneficiaries in case of death) hired prior to October 1, 1991 and are regular employees, shall be paid for unused sick leave at the rate of 50% upon resignation, retirement or death. (Retirement shall include nonnal retirement disability retirement or early retirement as defined in the appropriate pension plan). Bargaining unit members hired after October 1, 1991 and who are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon resigning in good standing, retirement or death: Continuous Years of Service Percent of Accumulated Sick Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from City Service 30% (Retirement shall include nonnal retirement disability retirement or early retirement as defined in the appropriate Pension Plan.) Bargaining Unit Members who have elected to enter into the D.R.O.P plan shall receive sick leave benefits as set forth in Ordinance 00-33, which established the D.R.O.P :it> tthO\OC ~ City Union 25 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc plan. Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as of October 1, of any contract year, may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed one hundred (100) hours in the contract year. Those hours over one hundred twenty (120) hours not converted in this contract year may be converted in the next contract year. Section 3. It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has 120 hours accrued sick leave, whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the designated employee has exhausted all accrued sick leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accordance with this Article, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirming through the Finance Department that the hours are available. Such list shall be submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on appropriate form supplied by the Union Steward. Section 4. Sick leave usage for medical appointment can be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the .\Lß 1f2~(), MY City Union 26 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Department. Section 5. No member shall be placed on restricted sick leave prior to being counseled by the division commander infonning the member of the reasons and allowing them an opportunity to explain the situation. If after counseling a problem continues, the member will be notified in writing and placed on restricted sick leave. A member will be on Sick leave for a period of six (6) months. At the end of six months, the member will be advised in writing if the Department intends on extending the restricted sick leave. Section 6. At the employee's option, the employee may convert excess sick time as defined in accordance with Section 2 to vacation time not to exceed forty (40) hours, to be transacted in the first month ofthe calendar year. Section 7. All Bargaining Unit members are eligible to receive one "Bonus Day" for continuous attendance at work at the completion of each calendar quarter that the member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in the PPM. Bonus days shall be counted as vacation leave and subject to the - provision set forth for use of vacation. Section 8. Those members scheduled to work an 11.5-hour shift who are granted sick time, shall only have their sick time accrual charged a maximum of 8-hours for the day. .vø tf ( "20\ O( ~'çV City Uniõñ 27 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 19 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service Vacation Hours Per Year 1 % 2 - 3 120 4 128 5 136 6 144 7 152 8 160 9 168 10-15 176 16 - 20 192 21 and above 200 Employees may accrue vacation leave to a maximum of the level earned in the most recent two employment years. However, any amount over the allowable maximum that has not been used during that fiscal year (October 1 - September 30) will be forfeited as of September 30. ~ß 4b&(~\ ~ City Uniori- 28 S:\CA\Collective Eargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Section 2. Seniority will prevail in the granting of vacations. Section 3. Vacation requests may be submitted from forty-eight (48) hours to thirty (30) days in advance. In the event of dual requests for vacation dates, the senior member's request shall prevail if it was submitted twenty-one (21) days prior to the date or dates requested. Vacations of three (3) days or less may be made within twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Those members scheduled to work an 11.5-hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8-hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the right to approve or deny vacation leave based upon the operational needs ofthe department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capnclOUS. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, - 60 hours of personal time per contract year, which may be used in four hour increments (non-accumulative and cannot create an overtime situation). The 60 hours of personal time per contract year are not accruable and must be used within each contract year. ~ t:(("2(jlo\ ~ City Union 29 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc · Those members scheduled to work an 11.5-hour shift who are granted personal time, shall only have their personal time accrual charged 8-hours for the day, only when personal time is taken in 8 hour increments. ~ ~( ~6Iû' ~) City Union 30 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 20 HOLIDAYS Section 1. Holidays will be defined as the below dates: 1. New Year's Day 2. Martin Luther King Jr., Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve 11. Christmas Day Section 2. Members of the Bargaining Unit not assigned to road patrol shall not work on Holidays, unless an emergency situation is declared by the City Manager or hislher designee or in cases where the Chief of Police or on-call Staff Duty Officer detennines that the presence of a Lieutenant is required for a specific function or investigation. If a Lieutenant is assigned to road patrol he/she has the option to either work the scheduled holiday, in which case he/she shall be paid J¿ß If( '101 (¡,' e.--.. ~ City Union 31 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc the holiday pay plus straight time. Ifhe/she elects not to work the holiday a Sgt. will fill that position. A Lieutenant who is assigned to road patrol who is scheduled off on a holiday may take a substitute day off during the same pay period .provided that it does not incur overtime. If it cannot be accommodated during that pay period, without incurring overtime, the member may take it in the following pay period with approval of the Police Chief. ¥ß 4bdv\ 6y City Union 32 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 21 FUNERAL EXPENSES Section 1. The City will make a reasonable payment, not to exceed $5,000 for funeral costs to the beneficiary of bargaining unit employees killed in the line of duty. Section 2. All employees shall, on a fonn to be supplied by the Human Resources Director or his/her des'ignee, designate by name and address, the individual to whom such funds are to be paid. ~ -1(:~J 0' ~ City Union 33 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 22 MEDICAL EXPENSES Section 1. Members will receive and shall be obliged to take an annual electro-cardiogram and physical examinations by licensed physician approved by the City. Scheduling shall be at the discretion of the Department and the results will become part of the employee's penn anent record. Said medical records shall be exempt from public inspection, as provided by Chapter 119, Florida Statutes. The City shall bear the cost of the examination. Section 2. Any condition of disability resulting from Hepatitis, Acquired Immune Deficiency Syndrome (AIDS), Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as other duty injury. Section 3. Beginning at the age of 30 and every other year thereafter, the bargaining unit members shall be provided a twelve lead EKG and cardiac stress test to be paid for by the City and to be perfonned at a City designated medical facility. A hepatitis "B" vaccine series shall also be offered by the City to all bargaining unit members at no cost to the member. Section 4. At the members discretion he/she may request an AIDS and/or Hepatitis screen at the time of his /her annual physical. The cost to be paid for by the City. The results of the AIDS test shall remain confidential. Section 5. The City shall bear the costs involving lead testing for the Range Instructor(s). ~ J.fbdo\- E~ City Union 34 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 23 UNIFORMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to wear on duty. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Chief of Police, and if adequate funds are available in the Citýs budget. Section 2. Effective on the date of this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum of $1,000.00 per contract year, paid in $250 installments at the end of each quarter and pro-rated as appropriate when assigned during each quarter to plain clothes duty. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant claiming a replacement will be required to include with his/her claim an explanation of the circumstances of the damage and appropriate reports concerning the incident. This allowance shall commence from the date of assignment on a pro-rate basis. Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accordance with the above for the three (3) months and pro-rated thereafter. Vß Jf (~ øl oC- ~ City Union 35 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall designate the only approved dry cleaning establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5.' Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. \Lß 'if"Jclo\ Qv ~- City Union 36 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 24 TRAINING Section 1. The Police Chief will decide on the Department's training program according to his judgment of the needs and requirements and potential for each member ofthe Department. Œî~ ~~:- iß ~(~o, --..------ City Union 37 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 25 PERSONNEL RECORDS Section 1. All personnel records shall be maintained within the limits of and in accordance with the provisions of the Public Records Law. Section 2. Consistent with State law, the City agrees that upon request, a member shall have the right to insþect his or her own personnel records whenever or however kept. The member shall have the right to make duplicate copies of his or her own records at no expense to the bargaining unit member. No record shall be hidden from a member's inspection and members shall have the right to allow anyone of his or her choosing to inspect the personnel records with written authorization. Members shall have the right to inspect any and all records used to evaluate, promote or in any other manner, classify or direct an employee within the provisions of the Public Records Law. Section 3. A personnel file for all City employees is maintained by the City Human Resource Department. The City will purge these files of disciplinary actions in accord with the appropriate Florida State Statute. The purging will take place when the Human Resources Department notes that it is time for a record to be purged or when an employee, in writing brings the matter to the attention of the Human Resources Director. An employee may request, in writing, that specific items be added to hislher Personnel file. Section 4. All citizen complaint files and Internal Affairs investigations will be governed by Florida State Statutes and the Public Record destruction guidelines. \Lß J.lh~D' ð-~ City Union 38 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc Section 5. A 24 hour notice must be given to the bargaining unit member if any person requests a copy or review ofthe members' personnel file. E-mail to the bargaining unit member shall constitute notice. VB t.J r 76\ oC ~ City Union 39 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 26 SOLICIT A TIONS No member shall be forced to attend or participate in solicitations for monies, membership or sales by any outside group (charities, insurance companies, religious organizations, etc.) while on duty or at roll call. Jiß ~(~Ioc ~ City Union 40 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 27 SAFETY AND HEALTH Section 1. The City agrees that it will confonn to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. ' Protective devises, wearing apparel and other equipment necessary to protect employees rrom injury shall be provided and maintained in proper working condition by the City at no cost to the employee. :) ß ~I (~QloC ..~ ~ City Union 41 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 28 USE OF CITY FACILITIES The PBA shall be entitled to the use of City facilities to conduct Union business at the same cost assessed to other organizations, and subject to availability. ~ß ~(kO\O' ~ City Union 42 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 29 HOURS OF WORK AND OVERTIME Section 1. Members of this bargaining unit are considered exempt status employees under FLSA, not eligible for overtime pay. Section 2. No person shall be required to work more than sixteen (16), continuous hours except in a declarM emergency. For the purposes ofthis section and this agreement, an emergency shall be a natural disaster, (flood, hurricane, etc.) orman-made disaster (riot, mass civil unrest, etc.) or other incident which directly threatens the health and safety of the citizens of Boynton Beach. Y-ß ~(~J oC c@ City Union 43 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 30 SHIFT SELECTION Section 1. The Department shall have the discretion to detennine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. ' The City may designate the number of slots assigned to each shift. Thereafter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to select a shift shall not apply to probationary lieutenants. iß 4bdDC ~ City Union 44 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 31 SENIORITY Section 1. Seniority shall be computed from the date of promotion. If two (2) lieutenants have the same date of promotion, the date of initial appointment to the service of the City as a police officer shall be the detennining factor. Section 2. ' Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the detennining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to detennine the number oflieutenants assigned to each division and each shift. Section 5. For lay-offs and other non-disciplinary reductions in personnel, Senior Classes will displace Junior Classes. An example would be: if a police lieutenant's position is to be abolished, the incumbent with the least seniority in the position oflieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, who would displace any probationary or provisional or temporary, or be separated as the case may require. ~ß ~ {:~6t 0':: ~~ City Unlon 45 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 32 TRANSFERS AND SHIFT CHANGES Section 1. No member shall be transferred nor have his/her shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as declared by the City Manager or his/her designee. Section 2. ' Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. ~ß 4( 2d'OC- ~ City Union 46 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 33 GROUP INSURANCE Section 1. The City shall provide and pay the premium for a Fifty Thousand Dollar ($50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City, during the term of this Contract, shall provide and pay for one hundred percent (100%) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit. Section 3. The health and dental insurance coverage currently in effect shall not be substantially reduced through the life of this contract. The selection of a carrier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification ofthis Agreement. The number of available plans may, at the City's option, be changed. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement. In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members annual deduction by more than five (5%) percent over the deductible current at time of ratification ofthis Agreement or an itemized co- j)Ò .1-1\ 2Q\òÇ ..-~ c~4~ City Uni õn:-·_~ 47 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc payment by more than 25%, the Union may reopen negotiations ofthis Article by making written request to the City Manager. .$ )( (20\ 0' Æ~ City Union 48 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 34 TUITION REIMBURSEMENT Section 1. The City shall provide an incentive in the fonn of paid tuition and books for members who choose to attend an accredited college or university. Section 2. . The member shall initially pay and be reimbursed by the City upon presentation of documented completion of the course. College and/or University program must be initially approved by the City Manager. Tuition reimbursement shall be at state college/university rates. Employees currently participating in the tuition reimbursement program and who attend a private college/university are grandfathered in at private college/university tuition rates. Section 3. Members attaining a grade of "A" or "B" shall be reimbursed for 100% ofthe cost of a course. Members attaining a grade of"C" shall be reimbursed for 50% ofthe cost of a course. The City shall reimburse bargaining unit members at 50% of cost for attending and being approved for life experience only at Barry University, Nova University and S1. Thomas University, for not more than 30 credits. In the event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade and will be reimbursed for 100% of the cost of the course. Employees shall receive no compensation for grades below a "C". Section 4. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and ){ß J1 r 20fo\ _.'c':C·:~-·--"'" ~~t· ~\ City UniOn 49 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc with the approval of the City Manager enhance the member's performance as a law enforcement officer. Section 5. Post-graduate courses authorized under Section 4, shall also be reimbursed based on grades outlined under Section 3. However, reimbursement is limited to a maximum of six (6) credits per semester. For every two (2) reimbursed semesters, the member must remain in the employ ofthe City for one (1) year. Failure to do so would require the member to payback the City for the equivalent percentage reimbursement. if:> t{ r2~6r- r'~<i~ ~-:'¡ .. --+--- ..-'. ¡ ~_" ~_:,-.. l --J, . City Union 50 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 35 DEPARTMENTAL POLICIES. RULES AND REGULATIONS Section 1. It is agreed and understood that the Police Department currently has policies, rules and regulations governing employment. The fonnulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. Nothing in this Section shall constitute a waiver of the Union's right to impact bargaining as defined in Chapter 447, Part II, Florida Statutes (the Florida Public Employee's Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. In the event the Union requests impact bargaining due to a rule change, the implementation date shall not be extended and the parties agree to expedite impact bargaining. }lß ~( 2-Jo, ~-~:-1::t --::=1_ .~ . /i City Union 51 S,\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 36 OFF-DUTY POLICE EMPLOYMENT Section 1. Off-duty police employment shall be defined as any police-related duty that is perfonned or administered by a sworn employee which is paid for by a private entity, through the City of Boynton Beach. Section 2. ' When City facilities are used by other agencies or persons, any desired security arrangements shall be at the option ofthe user. Ifthe user and/or the City detennines that certified police officers are to be required at any public event, only Boynton Beach Police Department personnel shall be used. Y-ß 4h.Jo~ ~lV '..... '\ ~ ..y City Union 52 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 37 GRIEV ANCE AND ARBITRATION PROCEDURES GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute involving the interpretation or application ofthe Collective Bargaining Agreement. Section 2. ' A dispute over disciplinary action is not a grievance, but shall be referred to as an appeal of disciplinary action. The process for handling appeals of disciplinary action are set forth in this Article. Section 3. The parties are committed to resolving grievances in a timely fashion. Accordingly, any grievance not submitted or advanced by the grieving party in accordance with the time limits set forth below will be considered abandoned. Any grievance not answered by the City within the time limits set forth below will automatically advance to the next step ofthe grievance procedure. By way of example: When a grievance is advanced to the Police Chief on January 1 S\ the Police Chief must respond by January 21 st. If the Police Chief responds to the Grievant on Januarylhe 3rd, and the Grievant is not satisfied with the Chief's detennination, the Grievant has ten (10) days from January 3rd to request appointment of an arbitrator. If the Police Chief fails to respond by January 21 S\ the Grievant has ten (10) days trom January 21 sl to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (10) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: ~ A(~olo' \JW '., ..\, City Union 53 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S,doc Step 1. A grievance must be filed on a form approved by the City within ten (10) calendar days as set forth in Section 4 above. The grievance must make specific reference to the Article and Section of the Agreement in dispute, set forth detailed facts explaining how the Article and Section has been misapplied by the City, and state the relief sought by the grievant. The grievance form shall be filed with the grievant's immediate supervisor. In the case of a class grievance filed by the Union, the grievance form shall be filed with the Police Chief. Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition ofthe grievance to the Police Chief within ten (10) days of receipt of the grievance. Step 3. The Police Chief shall review the grievance and render a written decision within ten (10) days of receipt of the recommendation from the immediate supervisor. The Police Chief may require members ofthe Bargaining Unit to submit to questioning as part of his review of the grievance. Step 4. In the event that a grievant is not satisfied with the disposition of the grievance by the Police Chief, the grievant shall have the right to submit the grievance to the City Manager. Submission to the City Manager shall be made within ten (10) days of the date of the Chiefs disposition or the expiration of the time period for the Chiefs disposition in the event the Chief does not render a decision. Step 5. The City Manager shall review the grievance and render a written decision within ten (10) days of the submission of the grievance to him/her. The City Manager may require members of the Bargaining Unit to submit to questioning as part of his review ofthe grievance. Step 6. In the event the employee is not satisfied ofthe disposition of the grievance by the City Manager, or if there is no disposition by the City Manager in a timely fashion, the grievant may request appointment of an arbitrator. The grievant's request for the appointment of an arbitrator must be made within ten (10) days ofthe date of the City Manager's disposition of the grievance, or the expiration of the time period for the City Manager's disposition in the event the City Manager does not render a decision. \L6 if b ð'Ð'\ ~~ City Unlon 54 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc Step 7. The City and the Union have agreed to establish a panel of arbitrators, consisting of six (6) members, three of which will be selected by the Union and three of which will be selected by the City, who will be selected to serve on a rotating basis. The grievant's request shall commence with a written request for arbitration to the City. Following appointment of an arbitrator, Arbitration shall proceed as set forth in this Article. If a panel has not been agreed to by City and union, the grievant's request shall commence with a written request to the Federal Mediation and Conciliation Service to submit a list of names of five (5) arbitrators. Both parties will alternatively strike one name until an arbitrator is agreed to. Following appointment of an arbitrator, arbitration shall proceed as set forth in this Article. ARBITRA nON Section 1. When an arbitrator has been selected by the parties, the City shall have ten (10) days ITom receipt of notice of appointment to raise arbitrability as a defense. If arbitrability is raised by the City, the issue of arbitrability shall be detennined by the arbitrator no less than thirty (30) days prior to the commencement of an arbitration hearing on the grievance itself. If the City raises the question of arbitrability and loses that detennination, the City shall pay the cost ofthe arbitrator. If the City raises the question of arbitrability and the arbitrator detennines that the matter is not arbitrable, the Union shall pay for the arbitrator. This provision shall not prohibit the City ITom challenging the arbitrability of any grievance in an action for declaratory relief filed in the Circuit Court of Palm Beach County, Florida. In no event may the City seek a detennination of arbitrability by both the arbitrator and the Circuit Court. In the event of a court action by the City, the grievance/arbitration proceeding shall be abated until the conclusion ofthe court proceeding. Section 2. The arbitrator shall conduct the arbitration hearing no less than thirty (30) days nor more than ninety (90) days from the date of appointment. .¥ß J./ f"2-(){ '0" C'~ City Union 55 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Section 3. In the event a party seeks continuance of an arbitration hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. Section 4. The arbitrator's decision shall be confined to the statement ofthe grievance set forth in the written grievance form together with any defenses raised by the City at any step of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to the issues presented, which must be actual and existing. Section 5. The arbitrator shall render a written decision within thirty (30) days ofthe close ofthe arbitration hearing or submission of post hearing briefs, whichever occurs last. DISCIPLINARY APPEALS Section 1. Discipline is classified as either major or minor as follows: MAJOR: Termination Demotion Suspension without pay-more than two (2) days No employee shall be subject to major discipline without first being afforded a pre- determination conference with the City Manager or hislher designee. No pre-determination conference shall be conducted with less than ten (10) calendar days notice to the employee. MINOR Written reprimand Suspension without pay-two (2) days or less Section 2. Appeals of disciplinary action shall be handled as follows: ~ß 4bofc, ~ "7.... / ') City Union 56 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc A. Major discipline may be by appeal to an arbitrator, by using the same procedure for appointment of an arbitrator as set forth in this Article. The request for appointment of an arbitrator must be made in writing within ten (10) calendar days of notice of disciplinary action. B. The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the Arbitrator is final and binding on the parties. C. Written reprimands may not be appealed but the employee may submit a written response to a written reprimand provided the response is submitted within ten (10) days of the written reprimand. If a written response is submitted by the employee, it shall be attached to the written reprimand and placed in the employee's personnel file. D. Suspensions without pay of two (2) days or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing within ten (10) days of notice of the suspension without pay. The City Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days ofthe appeal. The City Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the City Manager's decision increase the discipline to more than a suspension without pay of two days. The City Manager may conduct interviews with the grievant, departmental staff, or members ofthe bargaining unit as part of his /her investigation of the discipline. ¥ß t bo\(¡\ c~ City Union 57 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 38 PAST PRACTICES All employment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assignment. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. 1. Use of City vehicles for court when available. J. Three (3) complete uniforms per year, as needed. Yß ~ f2-u\oc ~ City Union 58 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 39 PERSONAL AND DEPARTMENTAL VEHICLES Section 1. When an employee is required to use hislher personal vehicle in the perfonnance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the nonnal work location. Section 2. ' For the purpose of this Article, the perfonnance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and semmars. Section 3. Bargaining Unit members shall be assigned City vehicles for use on and off duty. Section 4. If a Bargaining Unit member is not involved in a "Chargeable" accident for 12 months, the member will get a bonus on their anniversary equivalent to one (1) day's pay. V-iD ~ \~O\ _.-:.~ ~/~\ ( _/ City Union 59 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 40 PROMOTIONS Section 1. All bargaining unit members are eligible for appointment to the next highest rank in the department. Criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department. All promotional opportunities will be posted for a period of thirty (30) days before closing. Section 2. All Lieutenant's shall serve a one year probation from the date of appointment. During a Lieutenant's probationary period a Lieutenant is subject to removal from appointment, without statement of cause. A promoted Lieutenant removed from her/his position during probation, shall be reassigned to the position that they were promoted from. A new hire Lieutenant in her/his probationary period may be demoted to Sergeant, or is subject to separation from service at the discretion ofthe City, without statement or cause. ..¥ß ~ b¡;.\c> \" ~tW ' -' City Union 60 S:\CA\Collective Eargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 41 SAVINGS CLAUSE Section 1. If any Article or section of this Agreement should be determined by a court of competent jurisdiction to be in conflict with any existing or subsequently enacted legislation or judicial decision, all other Articles and sections of this Agreement shall remain in full force and effect with it being presumed to be the intent ofthe parties that the invalid language be stricken. Section 2. In the event of such a determination, the parties shall meet within thirty (30) days for the purpose of negotiating a substitute provision. Section 3. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement. Neither the City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application to collective bargaining unit members. ~~ J¿ß .J.f (~ðÍ?)<" 27-4\ , \ , ,~i , City Union 61 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004- 200S.doc ARTICLE 42 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent (5%) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. X-ß ~()~o, ~£ City Union 62 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doç ARTICLE 43 CHEMICAL TESTING Section 1. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida Administrative Code and the City's Drug Free Workplace Policy. \if> if bu\ 0' ~ City Union 63 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 44 ENTIRE AGREEMENT The parties agree that this Agreement constitutes the full and complete understanding of the parties. This agreement can not be changed or altered unless by mutual written agreement. ~. ~ß .tfbdtC ~ City Union 64 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 45 DURATION OF AGREEMENT Section 1. This agreement shan become effective on ratification and shan continue in full force and effect up through and including September 30,2007, provided the wage increase referenced in Article 14 will be retroactive to April 1, 2005. ~ J{ (2';), tL~ City Union 65 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 46 REOPENER Section 1. In the event the City detennines that classification of the Members as exempt status employees cannot be legally sustained, the parties on written request by the City shall reopen negotiations of this Collective bargaining Agreement. ¥ß 4bDloÇ" ~ City Union 66 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc ARTICLE 47 STARTING SALARY Starting pay for Lieutenants effective the date of ratification is $77,250.00: There is no top out pay for the Lieutenants. ..lLß .if b ;10 ( ~ C?f/ ~ City Union 67 S:\CA\Colle~tive Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 2005.doc ARTICLE 48 LONGEVITY PAY Section 1. In order to provide benefit incentives to long-term employees, giving recognition for continuous and meritorious service, longevity benefits are available as outlined below. Employees eligible are those who: a) 'have been employed with the City on a regular full-time and continuous basis for a minimum of five (5) years, and b) have an overall "Meets Standards" or above rating on the previous employee evaluation. Employees will receive a cash Lump Sum Bonus as follows: On the employee's fifth (5th) anniversary a lump sum payment of$500.00. On the employee's tenth (10th) anniversary a lump sum payment of$l,OOO.OO On the employee's fifteenth (15th) anniversary a lump sum payment of$1,500.00 On the employee's twentieth (20th) anniversary a lump sum payment of$2,000.00 Section 2. Any pay earned for Longevity Benefits is subject to required federal deductions. Section 3. Benefits shall not be paid beyond termination payouts. Employees who terminate from City employment prior to their anniversary date will not be entitled to Section 1 benefits. Employees in the DROP plan are not eligible for longevity pay. Section 4. The longevity benefit set forth in this Article takes effect October 1, 2004. ~.I{f;1Þ(O{ cr;~ City Unîon 68 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Agreed to this day of , 20_, by and between the respective parties through the authorized representatives of the Union and the City. POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION BY: Witness Ernest George, President Witness CITY OF BOYNTON BEACH BY: ~ Witness Kurt Bressner, City Manager ATTEST: Witness City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney Ratified by City Commission Ratified by Union Members Date Date ~ ~~~ City nYen 69 S:\CA\Collective Bargaining\PBA\PBA 2004 Collective Bargaing\Lts final clean 2004 - 200S.doc Agreed to this _ day of ,2005, by and between the respective parties through the authorized representatives of the UlllOn and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION Witness By: L~jfð Witness By:, ~~ON BEACH Witness Kurt Bressner, City Manager ATTEST: Witness City Clerk Ratified by City Commission Ratified by Union "'''--- Date Date -¥f:> ,-If 201 0 \ Jfrh'5) City Union 66 S, \CA \ColJ.p:ctive Barg~ir1ing\P8A \ PBA 2004 Collecti "e Bargaing\ Patrol final 2004 - 2007, doc Td W~80:0T S00e Te '~d~ 9ST9-eÞ¿-T9S: 'ON X~.:J 5NO['""['530N[ adee: WO"~ VI.-CONSENT AGENDA ITEM C.7 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 o Apri] 5,2005 March ]4,2005 (Noon.) o June 7, 2005 May 16, 2005 (Noon) 0 April 19,2005 Apri] 4, 2005 (Noon) o June21,2005 June 6,2005 (Noon) ~ May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) 0 May 17,2005 May 2, 2005 (Noon) o July] 9,2005 Ju]y 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to ratify signing by the City Manager of an Agreement for Water Service Outside the City Limits with Christel Fried AKA Christina Fried for the property at 821 Bamboo Lane in unincorporated Palm Beach County. EXPLANATION: The parcel covered by this agreement includes a single-family home located in unincorporated Palm Beach County. Last year the City constructed a new water main to serve existing and potential new customers on Bamboo Lane; therefore only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists in the vicinity, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None RNATIVES: None. This parcel is within the Utilities service area. City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (with copy of attachments) Nancy Byrne, Development Dept. " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND CHRISTEL FRIED A/K/A 9 CHRISTINA FRIED; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 821 Bamboo Lane, in unincorporated Palm Beach 15 County; and 16 WHEREAS, the parcel covered by this agreement will include a single-family home 17 located in unincorporated Palm Beach County; and 18 WHEREAS, a water distribution main exists in the vacinity allowing for the service 19 to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 29 Christel Fried aIk/a Christina Fried, which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\Water Service\Fried Water Service AgreemenLdoc 1 Section 3. This Resolution shall become effective immediately upon passage. 2 3 4 5 PASSED AND ADOPTED this _ day of May, 2005. 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 Mayor 13 14 15 Vice Mayor 16 1ì 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 Attest: 26 27 28 City Clerk 29 30 S:\CA \RESO\Agreements\Water Service\Fried Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of ,200_, by and betweeI] ~ Fr:e-cl-----..ilKt\ (' hr 1.~.¡.~rlO" Fv-icl hereinafter caned the "Customer", and the CITY OF BOYNTON BEACH, a mU1ÚcipaI corporation ofthe State of Florida, hereinafter caned the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits ofthe City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service rrom the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as foJIows: . 1. The City agrees to provide ~tomer with water service rrom its Municipal Water System to service the real property described as fo]]ows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are Z. 0 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering. material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confo11I\ance with all codes, rules and regulations \ 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perfonn the work necessary to confonn the lines or the City may have the work perfonned on behalf of the Customer, in which case the Customer wiJI pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. - 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay aU charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shaH be provided by the Customer to the City. 8. The Customer shaH, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf ofthe Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available meahs or method for annexation. Customer wiJI inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice sha11 not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to tlÌ~ City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. ì 2 9. Annexation is intended to be and is hereby made a covenant TInÌning with the land described in paragraph] above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florid~, and the Customer and an subsequent transferee, grantees, heirs or assigns of Customer shan be binding on the Customer and aU successors and assigns. ]0. Jt is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations orrequirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. A]so, the City shaH have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th~ City's reasonable control. ]]. The Customer hereby agrees to indemniry, defend and hold hannless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against an claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment conection) and costs rising out of or resulting from the Customer's obJigation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shaH be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be vaJid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. ,J IN WITNESS WHEREOF, the parties hereto have set their hands and seals this .1). . day of fJ-,{) ¡¿ / / ,200S:- , - INDIYIDUAL(S) AS OWNER(S): £~··sU ~ Owner Signature '-t h~ 7U¡)¡ 74 ¡(j., /'YL¿ CL~vr(.ÇJ-e / Printed Witness Name Printed Owner Name ß~ ~ O'~ \ /(¡¡uµÒ / ~·,ÇL.iMË_ c_- L Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name þ FOR INDIVIDUAL (S) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared C'h iZ is f t'1 I::' /é ( é' ð to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the fol1owingproofofidentification: r /D f?,'C11t... lJe,' vfi: s L /'(' (//76 C . ~ . WITNESS my hand and official seal in the County and State last aforesaid this d;). day of it f (è ; I , 20~ (Notary Seal) ~~~ A., . J11 ft-c¿& ""~~VWj';,, Barbara M. Madden {!i~CJ)~on # DD125274 Notary Public ~A ¡~;: EXIJIffS July 19. 2006 ~~i~ f\."'~S" Bonded Tbru "",,,,,\\' Atlantic Bonding Co., Inc. WITNESS: ~BEACH'FLORIDA City Manager ATfEST: City, Clerk , 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and m the County aforesaid to take acknowledgments, personalJy appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 200_. (Notary Seal) Notary Public Approved as to fonn: City Attorney i 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fllauderdale. Fl 33308 ~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ill vY\ 6~k .- ... t - ç,'~e-Å \LA ê~ lS (ì'l 0- I/We, C h 17 ('sfy=' / 1:::- ¡2 ( r: d !\ . ,hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any , i available means. The real property which is the subject of this power is described as follows: Qô---Lf3 -Lf(µO'-{ - 00 <-00 I - 0 ISO . . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shalf commence and be in full force and effect on the 2.2 day of ¥( - , 20~ and the powers and authority shall be irrevocable by Grantee. , 1 ---u<-~ IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~d. day of . ftf'F-{ , in the year two thousand and :200;- . , Sealed and delivered in the presence of é¿,'s UZ ~:;;) (/ Owner uture . -'-f-v ¡O -e~~ !1¿/1~ ?e ( JUt? /T I~ /L fJi{L1- Printed Witness Name Printed Owner Name ~-=-~'" ~,.-~ ){~ ~ r---VV¡tness \ .' nature· (¿--r - µØUPD . '~f d~¡;'('IÇ.' Printed Itness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) - ~ . . - I THE FOREGOING INSTRUMENT was acknowledged before me this Q;), day of fLJ/2,'1 . 20t71~ byChl2.,~fê'1 r¡¿ie~l . and If . who are known to me or who have produced F 1f).21 ,.j /., ¡) R " 0-(' I? ~- /...,. (fPnst as ;den~jfjcaUon and who did/did nottake an oath. ,,~I~'W", Barbara M. Madden ~Akl~ ).. Ik a/til-.<- " II ' l~~¡:~ Commission # DDl25274 NOTARY PUBLIC b~. ]¿ ¥ Expires July 19, 2006 -;~'s;; ¡ì:'.:- Bonded 1bru '"r,9,~,r~~'" Å1lai1tic Bonding Co.. Inc. Type or Print Name CommíssiÒrt\Nò. My Commission Expires: POA.lND P~lm Beach County Property Appraiser Property Search System Page 1 of2 ~ì$;::1!!<II''-!!.~Jm''¡'.'''' P,bl;, ,co." ',,',e ¡¡;;'~ '1'-".'\ *,,> ~ ~ ~"" 11/ §,.."'""? r ff ~ r- " y Ý- /' < '" t if!'~ '~? ' " ~4j¡;i~j¡",;,", '4j~~" ~ ij ,,_#",* N Property Information location Address: 821 BAMBOO LN Municipality: UNINCORPORATED Parcel Control Number: 00-43-46-04-00-001-0150 Subdivision: Official Records Book: 08954 Page: 1800 Sale Date: Oct-1995 .. 4-46-43, S 104.5 FT OF N 320.2 FT OF E 150 FT OF S 94.5 FT OF N legal DeSCription: 310.2 FT OF W 150 FT OF E 300 FT OF GOV LT 1 LYG W Owner Information Name: FRIED CHRISTINA 1!'¡j¡j¡M¡~)jj~1 Mailing Address: 821 BAMBOO LN DELRA Y BEACH FL 33483 6339 Sales Information Sales Date Book/Page Price Side TYQg Owner 1¡.¡kééf·····AII~à1'tt(il Oct-1995 0895~411800 $340,000 WARRANTY DEED FRIED CHRISTINA Jul-1994 0840-31167Q $125,000 QUIT CLAIM Oct-1988 0582.210123 $375,000 WARRANTY DEED Exemptions Regular Homestead $25,000 Year of Exemption: 2005 Widows Exemption $500 Total: $25,500 Appraisals Tax Year: 2004 2003 2002 Tax Year 2004 Improvement Value: $409.705 390 300 390.300 Number of Units: 1 land Value: $701.000 550 000 360.000 *Total Square Feet: 6121 Total Market Value: $1.110.705 940 300 750.300 Acres: 0.6857 1J$~_Ç,ºde: 0100 Description: RESIDENTIAL * in residential properties may Indicate living area. Tax Year: Assessed Value: là1L~,",¡&8IaI Exemption Amount: Taxable Value: Tax Values Tax Year: li1W¡)jiøji~~,"'jl Ad Valorem: Non Ad Valorem: II;MÞ¡¡i'\ài~à'ill¡¡"'à(;àJ Total Tax: ,.... ;;'hè,ldÐ1xikiiéétJMI £Xt~b; f 4- http://www.co.palm-beach.fl.us/papa!aspx/web/detail_ info .aspx?p _ enti ty=004346040000 1... 4/2212005 ... 1 in. = 164.2 feet 5021 0132 0410 0680 0280 0870 0660 02DO 0652 0300 0400 OM1 0310 0220 0221 0470 0390 0320 0240 0330 0150 034Ð 0070 0050 0010 0370 0040 0350 0440 0430 0420 0410 0380 0460 Location Map - 821 Bamboo Ln j ~J VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F. AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) ~ May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2, 2005 (Noon) o July 19, 2005 July 5,2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorize the use of Community Investment Funds to Bethesda Memorial Hospital for the Jayne Miller Nursing Scholarship Fund from Mayor Taylor, Vice Mayor McCray, Commissioners Ferguson, and Ensler; Vice Mayor McCray to Heart of Boynton Clergy Association. EXPLANATION: Commission approval is requested for allocation of $500 each from Mayor Taylor, Vice Mayor McCray, Commissioners Ferguson, and Ensler, for a total of $2,000 and $1,000 to the Heart of Boynton Clergy Association for their Coat and Blanket Program by Vice Mayor McCray. PROGRAM IMP ACT: Allocation of funds will assist the scholarship fund. FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community Investment funds to allocate, subject to Commission approval. ALTERNATIVES: Decline to authorize the requested expenditure. ~~s ~, Department Head's Signature Ity anager sIgnature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 15, 2005 Requested by Mayor/Commissioner: Vice Mayor Mack McCray Amount Requested: $500 Recipient/Payee: Jayne Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund Dated:~ BY:T1/'/<- I /:xr:t£}t 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 $10,000. $4,500 has been used to date by the requesting Member, leaving a balance of available funds of $5,500. This request would bring the available amount down to $5,000. Accordingly: )( There are funds available as requeste o There are insufficient funds available a Dated: 1 ~'6 /r)~ By: I I Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Ii!f The proposed expenditure of funds will not result in improvement to private property; Iff 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; 0 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 ei/'Proper safeguards are being implemented to assure that the public funds being appropriated will be used fur the :zurpose. Dated: J.j II ~l o~ By: ~.AI"lL. City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESlMENT 2004-2005\McCray - Nurses Scholarship Fund.doc, 4/18/2005 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 15, 2005 Requested by Mayor/Commissioner: Commissioner Mike Ferguson Amount Requested: $500 Recipient/Payee: Jayne Miller Nursing Scholarship Fund Description ofproject, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund Dated: ~j~~J By: rr'~ /~ , I / i/ 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 $10,000. $1,000 has been used to date by the requesting Member, leaving a balance of available funds of $9,000. This request would bring the available amount down to $8,500. Accordingly: X There are funds available as requeste D There are insufficient funds available a Dated: 'if 1òS- By: Part 111- Eligibility Evaluation (to be completed by City Manager) rz( The proposed expenditure of funds will not result in improvement to private property; crt' 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; D 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 r¡[ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated p~ose. Dated: t-f-\<b-ù\ By: ~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ferguson - Nurses Scholarship Fund.doc, 4/15/2005 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 15, 2005 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $500 Recipient/Payee: Jayne Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund Dated: ø~ BY:7r ~p c / 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 $10,000. $1,500 has been used to date by the requesting Member, leaving a balance of available funds of$8,500. This request would bring the available amount down to $8,000. Accordingly: ')Z{ There are funds available as requested o There are insufficient funds available :muested. J Dated: f//K ks- By: () Il~#AtjiJ{¿J.l. I Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) g'" The proposed expenditure of funds will not result in improvement to private property; ~ The recipientlpayee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 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 I1t'" Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: l.fJ~:A(;, By: ~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Mayor - Nurses Scholarship Fund.doc, 4/15/2005 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 15, 2005 Requested by Mayor/Commissioner: Commissioner Bob Ensler Amount Requested: $500 Recipient/Payee: Jayne Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund ~ Byn/-L- , Ldz~ Dated: /5Í c;J j' 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 $10,000. $2,000 has been used to date by the requesting Member, leaving a balance of available funds of $8,000. This request would bring the available amount down to $7,500. Accordingl y: )( There are funds available as requeste 0 There are insufficient funds available a Dated: 'i/¡g/oS- By: I I Part 111- Eligibility Evaluation (to be completed by City Manager) ¡g/ The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents ofthe City; and .tf Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the statZJOse. Dated: tf - \ V - 0< By: ~ City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2oo5\Ensler - Nurses Scholarship Fund.doc, 4/15/2005 04/2112005 09:10 7347709 ~'JBERT HI~~ PA3E 02 ===. =;I Bethesda Memorial Hospital April 20.2005 Mack McCray, Vice Mayor City of Boynton Beach Boynton Beach, FL 33435 Dear Vice Mayor McCray: Bethesda Memorial Hospital is pleased to recognize the 700+ nurses who care for all of us In our community. This year during Nurses Week (May 6-May 12) We are planning the many events to recognize Our nurses. Last year the City Council was very generous in recognizing our nurses here at Bethesda. We would appreciate your annual participation in Our celebration of the profession by issuing a proclamation declaring May~ _ t,-if as National Nurses Week 2005. The theme this year is, "Nurses; Many Roles, One Profession" in celebration of the ways in which nurses strive to provide safe and high quality patient care. In addition, we offer nursing scholarships to our employees who are interested in pursuing a career in the nursing profession. The Jayne Miller Scholarship Fund was established in the name of a Bethesda nurse who dedicated her life to the education of nurses. Each year we accept donations from generous community members. We would appreciate any contribution to this fund. To thank you for your support we are requesting your attendance at our Nurse of the Year Award and Recognition ceremony scheduled for May 3, 2005 at 8am In the Clayton Conference Center. We would like to include you in the program to read the proclamation. If you have any questions or comments please do not hesitate calling me at (561) 737-7733 ext. 4432. Again thank you for your support. Sincerely, W~~~ Wanda Phjllips, M8A, 8SN, RN Director, Clinical Surgical Services 2815 South Sucrest Boulevard · BoyntOI1 Beach, Florida 33435 . (561) 737-7733 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 18, 2005 Requested by Mayor/Commissioner: Vice Mayor McCray Amount Requested: $1,000 RecipientlPayee: Heart of Boynton Clergy Assoc Description of project, program, or activity to be funded: Coat drive program where the ministers within the organization distribute coats and blankets to the needy and homeless. Dated: ~;!/ BY:N-'- / ¿t¿? í / , ' v 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 $10,000. $5,000 has been used to date by the requesting Member, leaving a balance of available funds of $5,000. This request would bring the available amount down to $4,000. Accordingly: X There are funds available as requeste o There are insufficient funds available a Dated: " It 8 IDS By: / I Part 111- Eligibility Evaluation (to be completed by City Manager) IJ"'" The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ¡go-' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the sta~ Dated: J.4 J I~\ 0' By: City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2oo4-2005\McCray - Heart of Boynton Coat Drive.doc, 4/I 8/2005 Heart of Boynton Clergy Assoc. 'Empowering our Community tftrougli tIie Spirit of f{1nity P. O. Œo~243651 Œoynton ŒeadiJ !F £ 33424 (561)-737-8695 4/18/2005 ATTN: Discretionary Funding Dept. City of Boynton Beach The Heart of Boynton Clergy Association was formed in 2003, whereby a group of clergy wanted to get involved in their community. We were officially incorporated on March 11th, 2004, and have become a bonafide 501(e) 3 non-profit organization. The organization is registered with the Florida Department of Agriculture & Consumer Services: Registration # CH 17196. Meetings take place the first Thursday of every month. One of our programs within the community has been a coat drive, where the ministers within the organization distributed coats and blankets to the needy and homeless people who did not have adequate winter wear. We are also currently in the process of planning a shoe drive as well. At the time of our coat drive, Vice Mayor McCray committed to donating $1,000 to this event (coat drive) and to consider helping us with future events to better our community. Part of our mission is "supporting our community with oneness of heart, by using our God-given talents, giftings and resources to impact our generation." Whenever the city has discretionary funds for the community, we ask that you contact the HBCA in addition to other organizations. Frederick B. King Treasurer 561-635-8291 Current Board Members: Robert Smith - President Willie Singleton - Vice President Frederick B. King - Treasurer Helen Boykins - Secretary Sylvester Banks - Director Administrative Asst. - Annette Harrell VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon) o Apri119,2005 April 4, 2005 (Noon) 0 June21,2005 June 6, 2005 (Noon) [8J May 3,2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) o May 17, 2005 May 2,2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) o Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal o Bids 0 UnfInished Business o Announcement 0 Presentation o City Manager's Report RECOMMENDATION: Motion to approve the "VISTABELLA AT RENAISSANCE COMMONS, a PUD" Record Plat, conditioned on the approval being the certifIcation of the plat documents by H. David Kelley, Jr., PEIPSM (City Engineer and Surveyor & Mapper). EXPLANATION: The record plat review for this project commenced on December 10,2004, to which the third and final review was completed on April 8, 2005. Based on all prior comments being addressed by the record plat preparer, staffnow recommends that the City Commission approve the plat as presented subject to fInal signatures by the City Engineer and the Mayor. PROGRAM IMP ACT: The proposed modifIcation to the development cannot commence until the proposed record plat (and related construction plans) has received technical compliance pursuant to the Land Development Regulations. Any amendment to the Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The modifIcation to the development for this phase will be held in abeyance until the proposed record plat ;, reoe;vod m acoe~tablo fonD, ""d tho conatruotion plana hovo ~ ponnitring. l' , Lc:;a¿4' . Jf21- ~ 4If1?/Os:' Depa ent . ature City Manager's Signature Public Works - Engineering Division Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ! GATEWAY BLVD. I ~ I , , I I , , I I , I 18 ¡ 17 ' 1- - - ------- -- ---- ----~-- -----*---- -- -- 19 ,20 ~ I I I c.s' , ..". I ~I ~ ¡ ~, ?S, ~I ~ I ~ ¡ LWDD C-/6 CMAL -.J i V) , I ~I i <:.!) , ~\ ' 8, I I I ' . I I 1 '---------- . ----------------1 -------- , I I ) ¡ BOYNTON BEACH BOUL£V MD I II LOCATION MAP NOT TO SCALE VI.-CONSENT AGENDA ITEM H 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16, 2005 (Noon) o April 19,2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) ~ May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2,2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Return cash bond of $6,600.00 to Sharpe Project Construction, Inc. for the project known as the Plaza at Boynton Cormnerce Center (shell building and interior improvements). EXPLANATION: On February 3, 2005, the Building Division sent to the Finance Department a cash bond of $6,600.00 for the completion of the pennitted work for the project known as the Plaza at Boynton Cormnerce Center (shell building and interior improvements) located at 1700 Corporate Drive. The work has been completed and the Certificate of Occupancies were issued on 10/28/03 (shell building) and 6/3/04 (interior improvements). PROGRAM IMPACT: None FISCAL IMP ACT: None JL Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC () (- -!o ~ s~ 03-' tj 2// S)ð"/I ee ð"Y- /1) ,-z,f 01/- Zß'7" PJ,! hd ~·O, t")\\./ 6ß/or ß8 #¥o~ - Sharpe Project CoDStruction, Inc. April 11, 2005 Project: Boynton Commerce Center Shell and Tenant Improvements 1700 Corporate Drive Boynton Beach, FL 33426 Refund for Cash Surety Mr. Don Johnson City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr. Johnson: We are in receipt of the certificate of occupancy and certificate of completion for the above named project. We had submitted a cashier's check for $6,600 for the outstanding work items that had to be completed in order to receive the fmal CO and CC. With the items completed and CO & CC received, please forward the original cashiers check for $6,600, or refund us for that amount. If you have any questions regarding this matter you can reach me at (754) 224-0020. ~~~ ugh . Morris cc: File ill ŒAP: ~ 3° 20:5 ~ rn EXHIBIT "A" DEPARTMENT OF DEVELOPMr: N 1 ".-- 1212 S. Andrews Avenue. Suite 203. Fort Lauderdale, FL 33316 Phone: (954) 832-9095 . Fax: (954) 832-9096 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-025 TO: Bill Mummert, Director of Financial Services FROM: Don Johnson, Building OffiCi~ DATE: February 3, 2005 SUBJECT: CASH BOND - THE PLAZA AT BOYNTON COMMERCE CENTER (shell building and interior improvements) - 1700 CORPORATE DRIVE Attached is a check for $6,600.00 from Sharpe Project Construction, Inc. This is a cash surety for the Plaza at Boynton Commerce Center (shell building and interior improvements only) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Juan Carlos Riesco, AIA and check XC: Timothy K. Large, Building Code Administrator Permit File #'s 03-4211 and 04-2557 EXHIBIT "B" S:\Development\BUILDING\Memos\Cash Bonds - 2005\Plaza at Boynton Commerce Center (shell & interior improv) 03-4211, 04-2557.doc Amount . . . .. SIX tHOIJSANO> SIX HUMORED DOLLARS AND ZERO. CENTS Pay to the Qrder of **THE: CJ:TV OF BOYTON'8E:ACH** RemitferSHARPE: .·PftO"'~CTCON$T~UCTJ:ON" I ,.- .' - - '.'. " -.' ',' -' ,--" ,'. " ,', c· '. "',,"'-'",__'.'. .... :';"',' ··_c-'- ,.,' "_", ....'. "c","--.-,-· .....-.. . -..._......,. <.' -':'.-.,':-," "-.:.-.,:.-,,:-' _. ", '_.-' ..,---".,,-,,'".-,,' c...---"'- .." '__...:': ,'. . _< ,,-, ',. -C,' "." . ~¥r~~£i';¡'~;(~~~~:Lcji:;ß8zi~J "~Z..¿k':'¿;d7~ III . . ~ 8 ~ ~ III I: 0 2 20008 b 81: b 8 0 0 ¡. 5 2 8 b ~ 5 2 g ~ III _.:la'fo!:¡"1:,.a.'III::II:NOI;ccm'I'III'.'I:I:t'~'la.:n:tI'I'10I'lld~I..0I:"1,lltt"''''0I0I'~I:.tt:l'UI"·1...·.·11".."I'.'IOIOn:II'·.~:I.)¡',."·m;c~:...,11.....".:I...~_.tI...11I'.:I.I.....~_.._.:I::II.ltt;U":...~"111::1111_':::11"'11'1'] I": '1'>,,~, .~.,", >i"':'" .."""":""""""'.";c:\:".. '.!.' ."f; ··'ìi..<'é/:<' <,.;),;,~, " . .,¡;,.i'.",;;,.!¡: :....L.".' ,... c·,,·:,f'·;'.:.\:·;'.,:'i~1·::'¡>.". " ;P"~':;::."..;I:;r',JSJ';"~ß")"·,, ,:,.~;',;!I', I : CITY OF BOYNTQNBEACH ., 8"8'88-9; I .: Boynton Beach, Florida . ) I I ) 1 I I I I FOR I I I I I ¡ $ I I ......-.-- ...._""'...._~-;....-._--..-....- _.- ---.-.......--.-....;---- -- ----;---.- -.-.---.--,....--._._ __ _ _ _.__-400 . . u . EXHIBIT "C" · (', , ø T RIESCO ARCHttECfS February 1, 2005 Building Official CITY OF BOYNTON BEACH Development Department 100 East Boynton Beach Boulevard PO Box 310 Boynton Beach, Florida 33425-0310 RE: THE PLAZA AT BOYNTON COMMERCE CENTER 1700 Corporate Drive Boynton Beach, FL Pe1'Injt!~21T(Shell Building) Permit No. 04-2557 (Interior Improvements) Sharpe Project Construction Dear Sirs, Attached is a list of pending items with associated costs required for obtaining a Temporary Certificate of Occupancy and Completion. These items correspond to the above mentioned permits numbers and will be completed within the allowable time period specified in Section 106.1.3 of the 2001 Florida Building Code . Should you have any questions or need additional information, please do not hesitate to contact me. Sincerely, RIESCO ARCIDTECTS, P A cc: Hugh Morris-Sharpe Project Construction soo S.E. ISTH STREET, SUITE 118 · FORT LAUDERDALE, FL. 33316 · TEL. 954.832.9028 FAX. 954.832.9313 AAOOO2678 EXHIBIT "D" , , 'j .. , - SIIarpe Projed ~ Ine. February 1,2005 Project: Boynton Commerce Center 1700 Corporate Drive Boynton Beach, FL 33426 List of Pending Items Building Official City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Sirs: Pursuant to section 106.1.3 Temporary/ Partial Occupancy, the following is a list of outstanding work items and the associated cost for each item: 1. SE pond embankment restoration. Both the landscape inspector and engineering and planning inspector require this work to be completed. Associated cost is $3,000.00 2. hrigation heads to be replaced at SE pond embankment area per the landscape inspector. Associated cost is $500.00 3. Restoration of fence around utilities department enclosure. The utilities department removed a portion of their fence, and we have been infonned that their subcontractor will restore this. 4. Bay 19 will not be built with tenant improvements at this time. A letter and plans are attached with this. S. A knox box and the required documentation for it is required for the fire alarm system. This will be installed within the allowable time period identified in the above mentioned code section. Associated cost is $1,000.00 6. Photometries certification was provided on the Palm. Beach County official fonn. The Electrical inspector has requested that the certification specifically state that we are in compliance with Boynton Beach requirements. It is attached with this letter. 7. Three 'birdbaths' in the North parking area are to be corrected. Associated cost is $750.00 8. Install stop sign and stop bar on NE end of property per Frantz LaFontant. Associated cost is $250.00 9. Cleanup of curbs and gutters as directed by Frantz LaFontant. Associated cost is $500.00 EXHIBIT "E" SPM;\Ltr TCO 02020S.doc 500 SE 15th Street. Suite 108. Fort Lauderdale, FL 33316 Phone: (954) 832-9095 . Fax: (954) 832-9096 VI.-CONSENT AGENDA ITEM I. 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 o Apri] 5,2005 March 14,2005 (Noon.) o June 7, 2005 May ]6,2005 (Noon) o Apri]] 9, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) [8] May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2, 2005 (Noon) o Ju]y 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve the "CANTERBURY AT QUANTUM VILLAGE ADDITION 1" Record Plat, conditioned on the approval being the certifIcation of the plat documents by H. David Kelley, Jr., PEIPSM (City Engineer and Surveyor & Mapper). EXPLANATION: The record plat review for this project commenced on February 25,2005, to which the third and [mal review was completed on April 8, 2005. Based on all prior comments being addressed by the record plat preparer, staff now recommends that the City COmmission approve the plat as presented subject to [mal signatures by the City Engineer and the Mayor. PROGRAM IMP ACT: The proposed modifIcation to the development cannot commence until the proposed record plat (and modifIed construction plans) have received technical compliance pursuant to the Land Development Regulations. Any amendment to the Land Development Pennit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clark of the Circuit Court of Palm Beach County, Florida. Construction pennitting commences after the issuance of the LDP amendment. FISCAL IMP ACT: None ALTERNATIVES: The modifIcation to the development will be held in abeyance until the proposed record plat is received in ~œp"'ble f~ ~ the eonstruction plans b,~e been 'l'Pmved fo, pe~ Cla¡~", J~ 4-/1'2 ~ Dep City Manager's Signature Public Works - Engineering Division Department Name City Attorney / Finance / Human Resources S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC .. w :::¡ z $! « VI VI W '" <.:I Z 8 LOCA TION MAP NOT TO SCALE VI.-CONSENT AGENDA ITEM J. 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 E:J Apri15,2005 March 14,2005 (Noon.) E:J June 7, 2005 May 16,2005 (Noon) E:J April 19,2005 April 4, 2005 (Noon) E:J June 21, 2005 June 6, 2005 (Noon) jgf May 3,2005 April 18, 2005 (Noon) E:J July 5, 2005 June 20, 2005 (Noon) E:J May 17, 2005 May 2, 2005 (Noon) E:J July 19,2005 July 5, 2005 (Noon) E:J Administrative E:J Development Plans NATURE OF ~ Consent Agenda E:J New Business AGENDA ITEM E:J Public Hearing E:J Legal E:J Bids E:J UnfInished Business E:J Announcement E:J Presentation E:J City Manager's Report RECOMMENDATION: Authorize the use of Community Investment from Commissioner Ensler to The Boynton Regional Symphony Orchestra. EXPLANATION: Commission approval is requested for allocation of $1,000 to the Boynton Regional Symphony Orchestra to assist in funding to purchase music, supplies and a lockable, legal-sized fIling cabinet. PROGRAM IMP ACT: Allocation of funds will assist the Orchestra with start up supplies. FISCAL IMP ACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community Investment funds to allocate, subject to Commission approval. ALTERNATIVES: Decline to authorize the requested expenditure. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 26, 2005 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $1,000 Recipient/Payee: Boynton Regional Symphony Orchestra Description ofproject, program, or activity to be funded: Assist in funding to purchase music, supplies and a lockable, legal-sized filing cabinet. Dated: ,~tjis- By:rf P-- / /'~~ 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 $10,000. $2,500 has been used to date by the requesting Member, leaving a balance of available funds of$7,500. This request would bring the available amount down to $6,500. Accordingly: )( 0 There are insufficient funds available Dated: >/f7/vS By: Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 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; 0 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 0 Proper safeguards are being implemented to assure that the public funds being Dated: ,appropriated will be used for the:z purpose, '1j2td 0"' By: tfJ- City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - Symphony orchestra.doc, 4/26/2005 APR-26-2005 IUE 12:~a?M FROM: ))\C FAX:5613690577 PAGE 1 ~~~ ~ Barry Volkman, Music Director 6484 Via Primo Lake Worth, FL 33467 561-304-3937 April 21. 200S Mr. Robert Ensler, Commissioner City of Boynton Beach 26 Woods Lane Boynton Beach, FL 33436 Dear Commissioner Ensler: I am happy to report that. thanks to your assistance in obtaining a rehearsal and performance venue at Boynton Beach Community High School, the newly formed Boynton Regional Symphony Orchestra is at last under way. As a result of some nice articles in the South Florida Sun-Sentinel and the Palm Beach Post and word of mouth! our roster of musicians is growing nicely. and we hope that by the late fall when the snowbirds return we will have an orchestra of a fairly decent size and quality to be able to .prepare a concert. We already have a tax ID number. our nonprofit status is in process and we are at a stage now where we need some funding for the purchase of music. supplies and a lockable, legal-sized filing cabinet in which to :keep them. We would very much appreciate any help you could give us in this regard. Sincerely, yours, . ...~ {¡¿J ~~ Music Director VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 5, 2005 March 14.2005 (Noon.) D June 7, 2005 May 16,2005 (Noon) D April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) l:8J May 3,2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF l:8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Authorize the use of Community Investment from Commissioner Ensler and Vice Mayor McCray to The Juvenile Transition Center, Inc. EXPLANATION: Commission approval is requested for allocation of$I,OOO from each of the City Commissioners to The Juvenile Transition Center, Inc. to be used for the scholarship fund. PROGRAM IMP ACT: Allocation of funds will assist the individuals from disadvantaged backgrounds the opportunity to realize their dreams of continuing on to a post secondary school. FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commissioner has $10,000 in Community Investment funds to allocate, subject to Commission approval. ALTERNATIVES: Decline to authorize the requested expenditure. ~ - Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community Investment Funds - 05-03-05.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 28, 2005 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $1,000 Recipient/Payee: Juvenile Transition Center, Inc. Description ofproject, program, or activity to be funded: Funds to be used for Scholarship Fund. Dated: Ii 0 By: "f'r ¿;¿:cd-- :/ : 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 $10,000. $3,500 has been used to date by the requesting Member, leaving a balance of available funds of $6,500 This request would bring the available amount down to $5,500. Accordingly: J( There are funds available as requested o There are insufficient funds available a Dated: " /J.'¡ t ~ By: / I Part 111- Eligibility Evaluation (to be completed by City Manager) IèI'" The proposed expenditure of funds will not result in improvement to private property; ¡;;r' 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; ¡¡ý'The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards are being implemented to assure that the public funds being approp~ted will be used for the sta~ Dated: ÞII~J Õ' By: . City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2004-2005\Ensler - JTC Scholarship.doc, 4/28/2005 EXHIBIT ß COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 29, 2004 Requested by Vice Mayor Mack McCray: Amount Requested: $1,000 Recipient/Payee: Juvenile Transition Center, Inc. Description of project, program, or activity to be funded: Funds to be used for Scholarship Fund. Dated: 4/29/05 By: .~ 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 $10,000. $6,000 has been used to date by the requesting Member, leaving a balance of available funds of $4,000. This request would bring the available amount down to $3,000. Accordingly: Já, There are funds available as requeste 1:1 There are insufficient funds available s req Dated: t/ tq/o:; By: { I Part 111- Eligibility Evaluation (to be completed by City Manager) ¿ The proposed expenditure of funds will not result in improvement to private property; ¡:(" The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ 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 a.-- Proper safeguards are being implemented to assure that the public funds Dated: being ~ppropriated will be used for ~ purpose. ~(~Ib\ By: City Manager s:\CC\WP\COMMUNITY INVESTMENT FUNDS\Commissioner McCray\JTC - SCHOLARSHIP $1,000 - 05-03-05.doc ---.------.---. . .._...*..*..._----~.*..~-_.- .... ..._. Fr~m; 61eÞl1lnl. Mlnao-MdFo: t1IE8f)3e88887 To: Bob En1ltr Fax: (S81}_.OS77 II. 2 of 2 T~uM.y, April2t. 200610:1' AM Tne Juvenile Transition Center, Inc. 1901 N. Seacrest Blvd. Boynton Beach, FL 3343' ('61) 742-65S7 Aprl.12B, 2005 Dear Mayor & Commissioners: The Juvenile Transition Center has been a staple in the Boynton community since August 1997. Our agency has been instrumental in providing alt.ernatives to youth violence of juvenile delinquency by addressing a myriad of underlying issues. The Juvenile Transition Center's pro..active educational approach has afforded numerous individuals from disadvantaged backgrounds the opportunity to realize their dreams of continu~ on to a postsecondary school. In that vane, to support the educational fortitude among our youth, our agency is soliciting donations for its upcoming Annual Scholarship & Recognition Banquet is scheduled on May 20, 200 S, Invitations are forthcoming. The Juvenile Transition Center, Inc. is a 501(c) (3) non-profit corporation. Thank you in advance for your continued community support. Should the need materialize please feel1ìee to contact me at (561) 306-0252. Please make donations payable to: The Juvenile Transition Center, Inc. Sincerely, Steplianie :M.ingo-9r1.c1(OYJ President ¡ 3Ð\fd LLS069E 19S: X\f3. ON I :WOHj Wd LO:~l DHl SOO~-8~-Hd\f 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 o AprilS, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) . ) o April 19,2005 April 4,2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) )-4 .._- ..- [g May 3,2005 o July 5, 2005 ._-:~1'10 April 18,2005 (Noon) June 20, 2005 (Noon) -'"'::1 :::0 o May 17,2005 o July 19, 2005 N May 2, 2005 (Noon) July 5, 2005 (Noon) C -lJ --I .-J..;... a 0 Administrative 0 Development Plans r>? :,~; :: ~~....... ---i"ï1 NATURE OF 0 Consent Agenda 0 New Business - () J:> ..r:.~ (T, ("") AGENDA ITEM [g Public Hearing 0 Legal ::r: 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 3, 2005 City Commission Agenda under Public Hearing. The City Commission on April 19, 2005, approved this request under Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department of Deve10pment Memorandum No. PZ 05-035. EXPLANATION: PROJECT: Carwash in M-l (CDRV 05-001) AGENT: Michael Weiner, Weiner & Associates LOCATION: Industrial (M -1) Zoning District DESCRIPTION: Request for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8.A.4. M-1 Industrial District, to allow carwashes as a conditional use. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: U- Develo City Manager's Signature 2¡j~~ City Attorney / Finance / Human Resources :Iflanning and Z . g irector S:\Planning\SHARED\WP\SPECPROJ\CODE REVlEw\CDRV 05-001 Carwashes in M-l\Agenda Item Request Carwash in M-l CDRV 05-001 2nd reading 5-3-05.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENTDEPAR~ENT PlANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-035 TO: Chalnnan and Members Planning and Development Board 1liROUGH: ;('-~~ Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee JOhnson, AICP 'if Planner DATE: February 17, 2005 SUBJECT: CODE REVIEW / CDRV 05-001 Allowing calWash fadlltfes as condltfonal uses In the M-l zoning dlsb1ct. HAmRE OF REOUEST Mr. Michael S. Weiner Is requesting that car wash uses be added to the list of condltfonal uses In the M-l IndUSb1al zoning district. SpecJflcally, the applicant Is requesting that the code be modified to allow these uses In the M-l zoning djstrict west of Interstate 95, such as Congress Avenue. As proposed by the applicant, this code amendment would modify Chapter 2, Zoning, Section 8.A.4 to Indude the following: A BACKGROUND The Oty's Occupatfonal Ucense section categorizes car washes Into multiple categories unlike the North American Industry Oasslficatlon System (1997), which was fonneriy the standard Indusb1al Casslflcatlon Manual (1987). Both federal publications group such establishments Into one (1) category, namely "Carwashes". However, according to the Occupational Ucense section, the Oty Issues licenses for the following three (3) categories: #811190 Auto Detailing / Washing (22 licenses) #811193 Carwashes Coin Operated (4 licenses) #811194 Full Service CalWash (5 licenses) This year, the Oly currently licensed a total of 31 busInesses that are considered to be a car wash type of use. According to the NAICS, "carwashes" Is the Industry where businesses are engaged In dean lng, washing, and / or waxing automotive vehldes, such as passenger cars, trucks, vans, and trailers. The Intent of the subject code amendment request Is to allow the construction of a full service car wash on a vacant property zoned M-1. There are five (5) licensed full service calWashes In the city. They are located In properties zoned Community Commercial (C-3) and Planned Commercial Development (PCD). Page 2 CDRV 05-001 ANALYSIS Full service car washes are currentfy allowed as permitted uses In the C-3 and PCD zoning dIstricts. Further, car washes are accessory uses to gasoline dispensIng establishments whIch are condItional uses In the Neighborhood CommercIal (C-2) zonIng district. However, car washes (of any kind) are currently not permItted In the M-l zonIng district. Staff has had several meetings with the applicant and / or their client to dIscuss the possibility of constructing a full service car wash on a vacant parcel In the M-l zoning dIstrict. The applicant submItted sketches showing the configuration of a car wash fadllty, Indudlng the drive aIsles and parking areas. The applicant did not provide any written Justification for the subject code amendment. However, In today's convenience driven market, many companies operating as full service car washes desIre locations along major arterials for the added exposure and convenience. The property, earmarked for the full servfce car wash, Is speclffcally located within the M-1 zoning dlsb1ct along a major road (Congress Avenue). Congress Avenue Is dasslfled as a Prfndpal Arterfal as defined by the Cty's Comprehensive Plan. Generally, heavy commercial and Industrial uses are consolidated In areas that are Isolated from commercial nodes and pUblic view. These activities would normally occur withIn the dty's Industrial zonIng dlsb1cts. The subject site, however, Is located within an area that has historically been a large, consolidated, and compact Industrial "dlsb1ct" of the city. The "dIstrict" was the focus of a comprehensive study (The South Congress Avenue Industrial Conidor study) that was completed In 2002 to evaluate the existing Industrial uses and theIr vitality. South ConarA- Avenue Studv The study area contaIned a homogenous mixture of Industrial uses. The major sectors were Constroctlon, Manufactutfng, Wholesale Trade, Transportation & Warehousing, and Personal & Professional Services sectors, whIch accounted for over 88% of all the licenses Issued. The study revealed that there were 204 occupational licenses Issued for the area. Out of the 204 licenses, 61 licenses or nearly 30% of them were Issued for busInesses located along Congress Avenue. Interestingly, over 66% of the licenses Issued withIn the Retail Trade category were for businesses located along Congress Avenue. However, the number of busInesses engaged In RetaIl Trade In general was Insignificant withIn the entire study area. Some of the study's final recommendations that are germane to this code review request Induded the following: 1. Descr1be ComprehensIve Plan Amendment to acquIre PIO standards. Staff recommends strengthening and darlfyfng the language In the ComprehensIve Plan regardIng the PIO zonIng district. By requiring the parcels over 15 acres In area to rezone to PID, retail uses would be accommodated In whIch, the M-1 zoning dIstrict would not ordinarily allow. ThIs atb1bute of the PIO zonIng dlsb1ct would allow for flexibility, whIch In turn would aid In future development contributing to the economic base of the Cty; 2. Design standards for M-l / PIO uses abutting. major arterials; and 3. Ust permItted uses (for use approval) In the PID. It should be noted that soon after the Study was completed, two (2) large tracts of vacant land were rezoned to allow for townhouses - a non-lnduSb1al use. These events eliminated the need to revisit all but·one of the above-desa1bed recommendatfons, namely desl90 standards appropriate for properties In the M-1 zoning dlSb1ct that front on major comdors such as Congress Avenue. Page 3 (DRV 05-001 Auto deslan and parking The general Intent and purpose of the C-4 and M-l zoning dlsb1cts Is to provide adequate space for more Intense commerdal and InduSb1al uses. Therefore, automotive uses withIn these dlstrtcts are relegated to those aforementioned areas that are heavy commercial or Industrtal In nature. Accordingly, the Intention Is to separate these sites from less-Intense commercial activity and residential neighborhoods. Staff has acknowledged that hIstorically, many properties In the C-4 and M-1 zoning districts were designed and approved for heavy commercial and Industrtal uses with lower parking requirements than theIr commercial counterparts. However, these older sites have been converted for automotive-Intensive uses that possess higher off-street parking demands. The problem arises In situations when the automotive uses become busier; the demand for extra parking spaces becomes more apparent. In the case of auto repair shops, the parking space dilemma starts with the accumulation of vehldes (either waiting to be serviced or reb1eved by the owners) and the lack of excess or overflow parking spaces. However, with the exception of 11re IOngdom at 3030 South Congress Avenue, these older, heavy commercial and Industr1al sites are typically hidden and unseen from the major arterials. Retroflttlng existing sites for more parking-Intensive uses becomes problematic. The Land Development Regulations do not SpedfJcally address the parking requirements for automated car wash fadlltles. According to code, however, In no case shall less than four (4) outside parking spaces be provided for any non-residential use. The parking requirements for car washes will be revisIted by staff during the re-Wrlte of the Land Development Regulations. Pennltted and Conditional Uses As previously mentioned, automotive uses are allowed In the M-1 zoning dlstr1ct. According to the NAtCS, there are a wide range of business activities within the category of "automotive use". For example, gasoline dispensing establishments, auto retail store, and car washes are permItted uses In the C-2, C-3, C-4, and PCD zoning districts but would be Inappropriate for Isolated Industrfallzed areas. . These types of establishments flourish In more commerdallzed, heavy traffic, and highly-visIble areas. Ukewlse, It Is very common to have a stand-alone car wash as a subordinate use (accessory use) to a gasoline dispensing establishment (prindple use). As Previously stated, gasoline dispensing establishments are generally located on major roads with high visibility. It should be noted that these gas stations are not permitted by right but are approved as conditional uses. Conditional uses are those uses that are deemed In appropriate generally, or without restriction, throughout a zoning dasslflcatlon or district. Conditional uses require public hearings and are evaluated on a separate set of development standards. Staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating conditional uses. Any parking Issues can be reviewed and addressed during the conditional use I sIte plan review process. The conditional use process will allow for appropriate review for site capadty, partlcularty when Industrtal to commercial conversions are being requested. This case-by-case review Is appropriate for a car wash project gIven the lack of speclflc site standards In the code, potentially Intense drculatlon charactertstfcs, potential Impacts upon adjacent residential neighborhoods, and design objectives approprtate for uses proposed along major roadways. SUMMARY I RECOMMENDAnOfj A car wash Is a typIcal accessory use to a gas station. Both car washes and gas stations are highly commercial In nature, but are stili dasslfled as an automotive use. Commercial activities nonnal/y suc:œed on sites that offer a high degree of visibility. The subject request to arrow carwashes In the M-1 zonIng district can be Justlfled by the fact that Congress Avenue Is a major conidor With a hIgh volume of trafflc and Its hIgh v/slbl/Jly would Inherently attract the commercial user. The Land Page 4 (DRV 05-<>01 Development Regulations require gas stations to be located at Intersections along major thoroughfares. Therefore, It would be reasonable to allow a car wash to be located In the M-l zoning dIstrict along a major thoroughfare. Staff Is In favor of thIs request, In part, because the subject property (as Identified by the applicant) Is vacant. All parking Issues would be ImmedIately planned for and addressed durIng the site plan revIew process; the sIte would not have to be retrofitted to accommodate saId use. Staff recommends approval of the request to allow car washes In the M-l zonIng dIstrict as condItional uses but only wIth the amended language prepared by staff to provide addItional safeguards In Implementing this amendment: (M-l zoning district) Chapter 2, Section 8.A.4.a. Car Wash (Automatic or Self Servlce)* Furthennore, staff recommends allowing car washes as condItional uses rather than pennltted uses In the zoning districts where they are currently allowed as pennltted uses (C-3 and C-4 zoning district). In addItion, the following changes are proposed to provide consistency between the "automobile wash establishment" heading within the use list and the current definItion of car washes found In Chapter l.ArtJde U.Deflnltlons. The modifications are proposed as follows: (C-3 zonIng dIstrict) Chapter 2, Section 6.C.z. Autelfleblle wash establlshlflCAÌ3 Car Wash (Automatic or Self Servl~)* (C-4 zonIng district) Chapter 2, SectIon 6.D.l.e. Autelflebllc wash establlshlflE:At Car Wash (Automatic or Self Servl~)* The language proposed by staff recognIzes the market demand, while at the same time preserves the perfonnance and design of the dty's shoppIng centers, the health of heavy commercial I Industrial zonIng dIstricts, as well as resIdentially-zoned properties. By Initiating the conditional use requirement, Individual sites can be reviewed for optimum layout, buffering, and operation In order to maximize compatibility wIth the surroundIng area. Furthennore, said projects can be reviewed for aesthetic desIgn where visible from major public rights-of-way. The amended language proposed by staff would also help to further separate Incompatible land uses. exhIbIts MR/elJ S:\Plannlng\sHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-001 Carwashes In M-l\Staff Reportdoc VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. 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 D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon) D April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) i:8J May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) . , -...". ---J D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon) .-- _. ~ ~:.. F"U'., ~ ::<J 'T-; .~... .,.~.. N : :;."--) D Administrative D Development Plans c¡ -_...~ D Consent Agenda D New Business \J ..:_ NATURE OF .., ci AGENDA ITEM i:8J Public Hearing D Legal (-~) -'- . ',-¡ .. -r-¡CD D Bids D UnfInished Business - --rTl --.J (.~?þ j'l("") D Announcement D Presentation :r: D City Manager's Report RECOMMENDATION: Please place this request on the May 3, 2005 City Commission Agenda under Public Hearing. Staff recommends this item be approved, which is necessary to continue the processing of the Notice ofIntent for a planning study and possible code amendments relative to the M-l Zoning District with emphasis on selected roadway corridors. EXPLANATION: Notice of Intent (Resolution NO. 05-060) to adopt pending Land Development Amendments - M -1 Zoning District. The Notice ofIntent (NO!) for this planning study was approved by the Commission on April 19, 2005. Pursuant to Ordinance 00-53, which established the NO! process, at the next Commission meeting following approval of the NO!, a public hearing will be held to provide the format for the public to address the City Commission relative to a fIled NOL In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staff will contract with a consultant to conduct a study of the M-l Zoning District in accordance with the "Scope of Study" described in the NOL The Notice of Intent is in effect for 6 months, which is anticipated to be adequate time to complete the analysis and formulate any necessary recommendations. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: Not approve subject Notice ofIntent and ff accordingly. City Manager's Signature Planning an o . g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\NOI\Agenda Item Request M-I Roadway Corridor study N0l5-3-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2005-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future Land Use Map, Official Zoning Map and Land Development Regulations, a study period to: A. Evaluate locations of existing property zoned M-1 Industrial District, with an emphasis on those locations adjacent to major roadway corridors, for possible land use incompatibilities, or for possible reductions in or expansions of the M -1 District; B. Evaluate uses allowed within, and site regulations of the M-1 Industrial District for potential incompatibility with adjacent zoning districts and roadway corridors; C. Consider amendments to the existing regulations to prevent impacts upon adjacent residential districts; and D. Consider amendments to the Land Development Regulations to minimize aesthetic impacts of projects proposed within the M-1 Industrial District that are along selected roadway corridors; AFFECTED AREA All properties currently zoned M-1 Industrial District and generally located east of High Ridge Road, south of Miner Road; north of Boynton Beach Boulevard, west ofl-95; north of Boynton Beach Boulevard, west of Railroad Avenue; north of Woolbright Road, west of the F.E.C. Railroad right-of-way; and east ofS. Congress Avenue, south ofthe LWDD L-28 Canal (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Addition or deletion to pennitted, conditional or prohibited uses within the M-1 Industrial District; and 2. Amendment to design or site standards applicable to improvements proposed in the M-1 Industrial District. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED If findings reveal potential land use incompatibilities between future industrial development and adjacent properties, uses and road corridors, the intent of new regulations generated from the study will be to minimize or eliminate potential impacts upon adjacent properties and thoroughfares. C:\Documents and SettingslrumpfmlLocal SettingslTemporary Intemet FileslOLKDlNotíce of Intent M-I.doc ] RESOLUTION NO. ROS- OCcD 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE 5 OF INTENT" TO CREATE A TEMPORARY 6 MORATORIUM ALLOW STAFF TO REVIEW AND 7 REVISE ZONING REGULATIONS FOR PROPERTIES 8 IN M-l ZONING DISTRICTS WHICH FRONT ON 9 SPECIFIC ROADW A YS; AND PROVIDING AN 10 EFFECTIVE DATE. ] 1 ]2 I WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff 13 nd City consultants to study the need for modifications to City development regulations in 14 esponse to trends on development or redevelopment in the City; and 15 I WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra 16 reservation Council, Inc. v. Tahoe Regional Planning Agency recognized the that moratoria, or 17 'interim development controls" as they are often called, are an essential tool of successful 18 evelopment; and 19 WHEREAS, the Commission deems it timely and in the best interest of the City and its 20 esidents to undertake review and revision to M-l zoning regulations. The review development 21 erfonnance standards and site plan characteristics for development of M-l zoned property that 22 ronts on specific roadways; and 23 WHEREAS, the Commission has authority to initiate the review process by resolution 24 nd issuance of a Notice ofIntent; and 25 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a 26 onnal announcement of said planning activities, and the period during which time all 27 pplications related to development activity proposed within the study area, must be abated; and 28 WHEREAS, this Notice of Intent will be in effect from the date of adoption and 29 hereafter for a period of 180 days following the date of adoption unless otherwise extended by 30 he City Commission by subsequent Resolution following public hearing. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE :\CA\RESO\Notice ofIntent\NOI Resolution C-l Zoning.doc 1 CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The City Commission of the City of Boynton Beach, Florida does hereby 3 does hereby issue the Notice ofIntent attached hereto as Exhibit "A". 4 Section 2. That this Resolution shall become effective city-wide in M-1 zoned 5 roperties which front on specific roadways immediately upon passage. 6 Section 3. The Notice of Intent shall posted and copies provided as required by 7 rdinance 000-053. 8 Section 4. No application for development activity within the scope of the study shall 9 e accepted by the City following the date of adoption of this Resolution and during the study 10 eriod. No application for a development activity within the scope of the study shall be further 11 rocessed by the City, following the date of adoption of this Resolution during the study period, 12 nless the application was filed prior to the adoption date of this Resolution. 13 PASSED AND ADOPTED this ~ day of April, 2005. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor 19 20 21 Vice Mayor 22 23 24 Commissioner 25 26 27 Commissioner 28 29 30 TTEST: Commissioner 31 32 33 ity Clerk 34 :\CA\RESO\Notice of Intent\NOI Resolution C-l Zoning.doc NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2005-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future Land Use Map, Official Zoning Map and Land Development Regulations, a study period to: A. Evaluate locations of existing property zoned M-l Industrial District, with an emphasis on those locations adjacent to major roadway corridors, for possible land use incompatibilities, or for possible reductions in or expansions of the M-l District; B. Evaluate uses a]]owed within, and site regulations of the M-l Industrial District for potential incompatibility with adjacent zoning districts and roadway corridors; C. Consider amendments to the existing regulations to prevent impacts upon adjacent residential districts; and D. Consider amendments to the Land Development Regulations to minimize aesthetic impacts of projects proposed within the M-l Industrial District that are along selected roadway corridors; AFFECTED AREA A]] properties currently zoned M-l Industrial District and genera]]y located east of High Ridge Road, south of Miner Road; north of Boynton Beach Boulevard, west ofI-95; north of Boynton Beach Boulevard, west of Railroad Avenue; north of Woolbright Road, west ofthe F.E.C. Railroad right-of-way; and east ofS. Congress Avenue, south of the LWDD L-28 Canal (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Addition or deletion to permitted, conditional or prohibited uses within the M-l Industrial District; and 2. Amendment to design or site standards applicable to improvements proposed in the M-l Industrial District. AFFECT ON DEVELOPMENT IF REGULA nON ADOPTED If findings reveal potential land use incompatibilities between future industrial development and adjacent properties, uses and road corridors, the intent of new regulations generated 1Tom the study wi]] be to minimize or eliminate potential impacts upon adjacent properties and thoroughfares. C:\Documents and Settings\ferraraJ\Local Settings\Temporary Internet Files\OLKDI\Notice ofIotent.doc EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAYBE AMENDED LDR, Chapter 2, Section 8 - Industrial District regulations and use provisions LDR, Chapter 7.5, Article II - Landscape Code LDR, Chapter 9 - Community Design Plan PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. The planning study including fonnulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extended this Notice of Intent for an additional period as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all new applications for industrial development or uses within the M-l Industrial District shall be limited to conditional use and occupational license applications for all uses pennitted under the Land Development Regulations, Chapter 2. Zoning, Section 8.A.l (Pennitted uses no distance requirement), and pennit applications for previously approved developments or minor modifications of existing approved projects. All uses listed under Sections 8.A.2, 8.A.3, and 8.AA shall be considered prohibited uses while this Notice of Intent is in effect. This Notice of Intent shall only apply to said applications accepted by the City after the Notice of Intent is executed. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet FiJes\OLKD J \Notice of Intent.doc ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: Adopted by Resolution number ROO- of the City Commission of the City of Boynton Beach, Florida the _ day of ,200 - By: Office of the City Clerk C:\Documents and Settings\ferraraI\Local Settings\Temporary Internet Fi1es\OLKD1\Notice of Intent doc IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORl\'l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine. Dates in to City Clerk's Office Meetine. Dates in to City Clerk's Office o April 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) o Apri119,2oo5 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) 181 May 3, 2005 April 18,2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 181 City Manager's Report RECOMMENDATION: Report on City Commission Project Priorities EXPLANATION: As a follow-up to the 2004 Strategic Plan and the 2004-05 Budget a listing of 32 project objectives was prepared by the City Manager. These objectives will form the basis of the City Manager's 2005 performance evaluation in October 2005. Of the 32 objectives, 17 are directly attributed to the 2004 Strategic Plan. The remainder are newer objectives developed by either the City Commission (15) or the City Manager (2). Following preparation of the objectives each member of the City Commission ranked the objectives based on the following scale: 3=High Importance; 2=Medium Importance; 1 =Low Importance; and O=No Importance. Attached as to this sheet is the result of the scoring ranking the 32 objectives from most important (Lone-Term Water Needs and Water Delivery Options) to the least important (Modify Neighborhood Services Program to focus on community capacity building.) PROGRAM IMPACT: Each of the objectives represent a significant investment in staff resources to accomplish. Therefore, the priority ranking of the objectives is a helpful method of determining which activities are most important to the City Commission. However, one objective: "Revamp staff problem solving skills to create a 'can-do' attitude and a willingness to change, " requires clarification from Commission, as the results of such an objective may be subjective. FISCAL IMPACT: The exact cost of the objectives will need to be calculated once the City Commission approves the fmal priority and list. Staff will develop a template for each of the selected objectives. It should be noted that work has been progressing on the following objectives: 1,3,5,6,8,9,10,12,13,15,17,18,19,20 and 27. (15 of the 32 objectives) This work was started before the Commission completed their ranking of the objectives. ES: Do not formalize the objective review process. ~~ Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Q) !! M CD CO ..,. 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It ~ ;: ~ -Olt~ o-¿¡¡ tgg '85g N <3 æð3J58'~~ ~ ~~ .-:= ~ ..9 ..0 ~ ;.-.,;:e~~ §~~ ~æ~ fI) ..sQ.,,~ æ-=: U'"")¡:¡..Q."Q." UQ."Q." t:)VjVj ::E ~I:::¡ I!! ---- -~-----' ---- ---'- --..~-- ---^----- -=-._-~ f-- - -.-- ---- 0 u en -'" II) ¡:: N ~ I (') "'*" 10 ¡e "- eX) 0) 0 p; N ãi <11 ! N N N N N N (') (') 0 a:: i C> I :::i: u XII. - LEGAL ITEM A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office -..-) D Apri] 5, 2005 March ]4,2005 (Noon.) D June 7. 2005 May 16,2005 (Noon) 'J ---\ .,1 -'-< -'_t:'t ~ D Apri]] 9,2005 Apri] 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon) " ¡:g¡ May 3, 2005 D Ju]y 5,2005 N .' April 18,2005 (Noon) June 20, 2005 (Noon) C) ~ .,~ ~:j ,,:_~ D May ]7,2005 D Ju]y ]9,2005 :r: 0"0 May 2, 2005 (Noon) Ju]y 5, 2005 (Noon) ~'~; ~::1: Ñ .,,,,\ ~"':cP ., _:~¡., -- nþ D D Development Plans t.Y; ,-'1(Ï Administrative :c NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ¡:g¡ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the May 3, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. At the City Commission meeting on April 19, 2005, the subject request was approved under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-016. EXPLANATION: PROJECT: Boynton Beach Lofts (LUAR 05-003) AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Louis F. Mascia/Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX); and PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ De City Manager's Signature 7v¡j.-Z~ City Attorney I Finance / Human Resources Planning and Zo . g ¡rector S:\P]anning\SHARED\WP\PROJECTS\8oynton Lofts\LUAR 05-003\Agenda Item Request Boynton Beach Lofts 2nd reading Amend LUAR 05-003 5-3- 05.dot S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- olq 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY LOUIS F. 8 MASCIA/BOYNTON MOTEL, LLC., AND 9 LOCATED AT 623 SOUTH FEDERAL 10 HIGHWAY; CHANGING THE LAND USE 11 DESIGNATION FROM LOCAL RETAIL 12 COMMERCIAL (LRC) TO MIXED USE (MX); 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 19 Government Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 22 and 23 WHEREAS, after two (2) public hearings the City Commission acting in its 24 dual capacity as Local Planning Agency and City Commission finds that the 25 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 26 Plan and deems it in the best interest of the inhabitants of said City to amend the 27 aforesaid Element of the Comprehensive Plan as provided. 28 NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc 1 incorporated herein by this reference. 2 Section 2: Ordinance No. 89-38 ofthe City is hereby amended to reflect the 3 following: 4 That the Future Land Use of the following described land located at 623 South 5 Federal Highway in Boynton Beach, Florida shall be changed from Local Retail 6 Commercial (LRC) and shall now be designated as Mixed Use (MX): 7 Lots 5,6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the State of 8 Florida for road right of way, Block C, PENCE SUBDNISION NO.2, 9 according to the Plat thereof on file in the office of the Clerk of the Circuit 10 Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 11 33. 12 13 Subject to easements, restrictions, reservation and rights of way of record. 14 15 16 Section 3: That any maps adopted in accordance with the Future Land Use Element 17 ofthe Future Land Use Plan shall be amended accordingly. 18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 19 repealed. 20 Section 5: Should any section or provision of this Ordinance or any portion thereof 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 22 the remainder of this Ordinance. 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, 24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 25 Planning and Land Development Regulation Act. No party shall be vested of any right by 26 virtue ofthe adoption ofthis Ordinance until all statutory required review is complete and 27 all legal challenges, including appeals, are exhausted. In the event that the effective date is 28 established by state law or special act, the provisions of state act shall control. S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc II I I I j 1 FIRST READING this ~ day of L~ ,2005. 2 SECOND, FINAL READING and PASSAGE this _ day of , 3 2005. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 - 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc · DEVELOPMENT DEPARTMENT PLANNING a. ZONING DMSION MEMORANDUM NO. PZ 05-016 TO: ChaIr and Members CommunIty Redevelopment Agency Board and Oty CommIssIon FROM: ErIc Lee Johnson, AICP ~ Planner 11iROUGH: MIchael W. Rumpf DIrector of PlannIng and Zoning DATE: February 1, 2005 PROJEcr NAME / Boynton Beach Lofts NUMBER: LUAR 05-003 PROJECT DESCRlPnON Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Agent: Mr. Bradley D. Miller, AICP / Mf/fer Land Planning Consultants, Incorporated Owner: Mr. louis F. Mascia / Boynton Motel, LLC. Location: 623 South Federal Highway File No: Land Use Amendment / Rezoning (LUAR 05-003) Property Description: Partially developed property conslstfng of two (2) lots totaling 1.21 aaes, classIfied Local Retail Commercial (LRC) land use and zoned CommunIty Commercfal (C-3). Proposed change/use: To reclassify the subject property from Local Retail Commercfal (LRC) to Mixed Use (MX) and rezone from CommunIty Commercfal (C-3) to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Vacant commercIal property classified Local Retail Commercfal (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) dassffied Local Retail Commercial (LRC) land use and zoned CommunIty Commercial (C-3); Page 2 File Number: LUAR 05-003 Boynton Lofts East: Developed multi-family residential (Sterling VIllage) dasslfled High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Recreation space (Pence Park) classified Recreational (R) land use and zoned Recreatfon (REe). EXECUnvE SUMMARY Staff recommends approval of the requested land use amendment / rezonIng for the followfng reasons: 1. The requested land use and zoning are consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; 2. Adequate public facilities and Infrastructure are In place and / or Is anticipated In the future to serve the subject sIte and Its colTespondlng project; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOnFICAnON Owners of properties within 400 feet of the subject conditional use were mailed a notice of thIs request and Its respective hearing dates. The applicant certifies that they posted slgnage and mailed notlœs In accordance with Ordinance No. 04-007. PROJECT ANALYSIS A future land use map amendment can be defined as a change to the CIty's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map, which In turn, could change the list of permitted, conditional, or prohibIted uses. Amendments to the Comprehensive Plan are divided Into two (2) separate processes, namely large-scale and small-scale amendments. The applicable process Is determIned by the size of the parcel with the threshold being 10- acres. Also, If the amendment Involves a residential land use, the densIty must be 10 dwelling units or less per acre. However, an exception to the density limItation Is permItted If the property Is In an area designated In the comprehensive plan for urban Infill, urban redevelopment or downtown revitalization. AccordIng. to the survey, the subject property totals 1.21 acres and Is located In an area desIgnated for urban redevelopment. Therefore, the subject request qualifies as a "small-scale" land use amendment. Small-scale text and map amendments do not requIre the State of Rorida's Department of CommunIty Affairs (DCA) to review for compliance wIth state and regional plans prior to Its adoption by the Cty. This means that the proposed amendment, If desIred by the city, would be adopted first, and then sUbsequently forwarded to the DCA for their records (generally "Iarge-scale" amendments are not adopted until found to be "In compliance" by the DCA). Where a rezoning application Page 3 File Number: LUAR 05-003 Boynton Lofts would occur pursuant to an amendment to the Future Land Use Map, such as with this application, the two (2) applications shall be processed simultaneously as a single application. Therefore, "rezoning" shall be construed to Include a "future land use map amendment". The proposed small-scale amendment / rezoning application Is being reviewed concurrently with an accompanying request for site plan approval (NWSP 05- 008). The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonlngs. These criteria are required to be part of a staff analysis when the proposed change Includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the Proposed land use amendment / rezonIng would be consistent with applicable comprehensIve plan policies Including but not limited to, a prohIbition against any increase In dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval 0' the Palm Beach County Emergency Planning Division and the City's risk manager. 71Ie plannIng department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development 0' the property, in order to comply with polides contained In the comprehensive plan. The applicant proposes to develop the property with a mixed-use residential/retail / office building. The project proposes a total of 48 dwelling units, which is under the 50 dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on the west side of Federal Highway, which is outside the evacuation zone, and therefore not subject to Palm Beach County Emergency Planning Division review and approval. Policy 1.13.3 states, "the City shall continue to encourage intill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element" On May 15, 2001, the City Commission approved the implementation of the Federal Highway Corridor Community Redevelopment Plan and the Mixed-Use Low zoning category. This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The subject property Is located within the boundaries of Federal Highway Corridor Study Area IV. The Study Area allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The property owner's intent is a proposed mix of uses (residential, retail, office), all of which would be permitted In the Mixed Use-Low zoning district. b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant 0' special privilege to an IndIvidual property owner as contrasted with the protection 0' the pUblic welfare. Page 4 File Number: LUAR 05-003 Boynton Lofts Parcels that front on the west side of Federal Highway In this portion of the Federal Highway Corridor are generally designated with the local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). On the east side of Federal Highway, the predominant land use near the subject property Is generally residential with varying densities (i.e. High Density Residential, Low Density Residential) and their corresponding zoning districts (Multi-family Residential, R-1-AA). In fact, High Density Residential (HDR) land use and MUlti-family Residential (R-3) zoning is designated for the multi-family complex (Sterling Village) directly east of the subject property at a density of 18.6 dwelling units per acre with a total of 840 units. In the future, staff anticipates that where eligible, property owners located within the boundaries of the Community Redevelopment Agency area would eventually request zoning changes in favor of the Mixed-Use Low district when the market demands higher intensities consistent with the City's initiatives for urban infill and redevelopment. In fact, the Gulfstream Lumber property, located on the northwest corner of Woolbright Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber property and the subject property are located within the same study area (Area N) of the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and rezoning change was already approved for the Arches project, located just 1,000 feet north of the subject lots. The lots assembled for the Arches project were recently reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The only difference between the two scenarios is the Arches project is located in Federal Highway Corridor Study Area V. In any event, these types of land use and zoning changes, including the subject request, are consistent with the City's redevelopment plans and would not grant special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested amendment would not create an isolated or unrelated district and would help to create a better transition to the residential neighborhood to the east. c. Whether changed or changing conditions make the proposed land use amendment / rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan recommended the changes of zoning categories within Planning Area N In order to create a desired appearance of a neighborhood which, being adjacent to the downtown core area Is a gateway to the city. The recommendations were also aimed at promoting urban infill by eliminating one-story commercial and automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area N consistent with the above objectives would support increasing developers' interest In the downtown core area. (/. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 File Number: LUAR 05-003 Boynton Lofts The property was previously developed as a 21-room motel and therefore, utility systems such as potable water and sanitary sewer lines have already been constructed to the subject site. Utilities staff acknowledges that the proposed land use / rezoning change would increase the development potential of the subject site and in turn, would impose additional demand upon city infrastructure. However, increases in demand for potable water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities. Local piping and infrastructure improvements may be required and would be addressed during permit review. The local improvements would be the responsibility of the site developer. Sufficient wastewater treatment capacity is currently available to serve the projected demands (11,629 gpd) of the project if the land use / zoning change were approved. The applicant would be required to make a firm reservation of capacity, following approval of a site plan. Drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. On January 19, 20G5, the Palm Beach County School District reviewed and approved the request for 48 multi-family dwelling units. The District's concurrency determination is valid for one year (until January 19, 2006), unless building permits are issued, in which case the concurrency determination would be valid for the life of the development order. The applicant submitted a traffic study and it was forvvarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reported that the proposed land use / zoning change, which is being processed concurrently with the site plan, proposes a mixed-use project that would generate an additional 60 new morning peak hour trips and 119 evening peak hour trips. The residential portion of the proposed mixed-use development is exempt from the Traffic Performance Standard review because the project is located within the county designated Coastal Residential Exception Area. Furthermore, the non-residential portion of the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2008 build-out date. Police and Fire staff reviewed the accompanying site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. e. Whether the proposed land use amendment / rezoning would be compatible with the current and future use of adjacent and nearby properties/ or would affect the property values of adjacent or nearby properties. The proposed land use amendment I rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance wIth the vision for the corridor as represented by the redevelopment plan. There are no indications that the proposed amendment I rezoning Page 6 File Number: LUAR 05-003 Boynton Lofts would have negative impact on property values. In fact, the applicant states that "this (accompanying) project is anticipated to Increase land values in the area by promoting the use of these new categories", Staff concurs. It would help to improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The accompanying site plan's proposed uses (retail, office, residential) have and will continue to occur on-site and within the neighboring properties. f. Whether the property is physically and economiælly developable under the existing zoning. The subject parcel was previously developed with commercial uses under the current zoning district. However, the one (1)-story motel is not the highest and best use of the site. Under the current zoning category, the C-3 zoning district allows for a residential density of 10.8 dwelling units per acre. However, this property, which is eligible for the Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40 dwelling units per acre. The proposed zoning change would allow for greater flexibility in terms of use, density, setbacks, parking, and height. g. Whether the proposed land use amendment / rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole, The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired mix of uses and appearance consistent with the recommendations of the redevelopment plan. The existing property and proposed structure (shown in the site plan) is a compact unit of appropriate scale based on the corridor plan and the desire to gradually step down the height of buildings (from 150 feet) allowed in the Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The proposal is consistent with the densities and development regulations established by the mixed use land use and zoning categories. This site and its project characteristic are consistent with Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City and City's utility service areas. h, Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are other vacant commercial sites that would likely accommodate the proposed uses. However, the proposed redevelopment of the subject site has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning district was adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced because to do so, would be consistent with many of the Objectives In the Comprehensive Plan and their subordinate policies. This current application would represent the third request for reclassification to the aforementioned land use designation and zoning district. Page 7 File Number: LUAR 05-003 Boynton Lofts CONCLUSION I RECOMMENDAnONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be served by existing capacities; would not be incompatible with adjacent land uses; would further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "c" - Conditions of Approval. S:\PlanningISHARBDI WPIPROmCTSIBoynton LoI\sILUAR 05-003\Statf Report.doc Boynton Lofts LUAR 05-003 SE 5th Ave ..... œ ~ ..... tn .c of ..... ~ C'; W a. tn GJ (,) c >0. Q) ; a. .c m .- :c - cv .. œ 'a 4) LL. ...... Feet ~ 0 37.5 75 150 225 300 N XII. - LEGAL ITEM A.2 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 o April 5, 2005 March ]4,2005 (Noon.) o June 7, 2005 May] 6, 2005 (Noon) o Apri] ]9,2005 April 4, 2005 (Noon) o June 2], 2005 June 6, 2005 (Noon) '. .' .~. 4 [8] May 3, 2005 o July 5, 2005 ,- -~... Apri] ]8,2005 (Noon) June 20, 2005 (Noon) '1-'1' .'. -, I o May ]7, 2005 May 2, 2005 (Noon) o July] 9, 2005 July 5, 2005 (Noon) ::) ,.,.' N ;',) .......J ~o ~ _..~ 0 Administrative 0 Development Plans -,:.... NATURE OF 0 Consent Agenda 0 New Business ~~ ~o:: .'- 1"'1 AGENDA ITEM 0 [8] .--- oj> Public Hearing Legal (...;"; ¡"1("") 0 0 ::r: Bids Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 3, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. At the City Commission meeting on April 19, 2005, the subject request was approved under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-016. EXPLANATION: PROJECT: Boynton Beach Lofts (LUAR 05-003) AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc. OWNER: Louis F. Mascia/Boynton Motel LLC LOCATION: 623 South Federal Highway DESCRIPTION: Request to rezone fÌom Community Commercial (C-3) to Mixed-Use Low (MU-L). PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNAT~ ~IL~~ DeJ ent epartment Director City Manager's Signature 2v¿J7.~ City Attorney / Finance / Human Resources Planning and Z . g Director S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\LUAR 05-003\Agenda Item Request Boynton Beach Lofts 2nd reading Rezone LUAR 05-003 5-3- 05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 ORDINANCE NO. 05- oao 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON 7 BEACH, FLORIDA, REGARDING THE 8 APPLICATION OF JAMES A. SERIFERT OF 9 ADDISON PROPERTIES OF SOUTH FLORIDA 10 IN CORPORA TED, AMENDING ORDINANCE 02-013 11 TO REZONE A PARCEL OF LAND LOCATED AT 12 623 SOUTH FEDERAL HIGHWAY, BOYNTON 13 BEACH, FLORIDA, FROM COMMUNITY 14 COMMERCIAL (C-3) TO MIXED USE-LOW (MU-L); 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 21 said City; and 22 WHEREAS, Mr. Louis F. Mascia! Boynton Motel, LLC., owner of the 23 property located at 623 South Federal Highway in Boynton Beach, Florida, as more 24 particularly described hereinafter, has heretofore filed a Petition, through its agent, 25 James A. Seifert of Addison Properties of South Florida, Incorporated, pursuant to 26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 27 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more 28 particularly described hereinafter, from Community Commercial (C-3) to Mixed 29 Use-Low (MU-L); and 30 WHEREAS, the City Commission conducted a public hearing and heard 31 testimony and received evidence which the Commission finds supports a rezoning S:\CA \OrdinancesIPJanning\RezoninglRezoning - Boynton LDfts Property. doc I I 1 for the property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is 3 consistent with an amendment to the Land Use which was contemporaneously 4 considered and approved at the public hearing heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the 6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 7 set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section 1. The foregoing Whereas clauses are true and correct and 11 incorporated herein by this reference. 12 Section 2. The following described land, located at 623 South Federal 13 Highway in the City of Boynton Beach, Florida, as set forth as follows: 14 15 Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the 16 State of Florida for road right of way, Block C, PENCE 17 SUBDIVISION NO.2, according to the Plat thereof on file in the 18 office of the Clerk of the Circuit Court in and for Palm Beach 19 County, Florida, recorded in Plat Book 1, Page 33. 20 21 be and the same is hereby rezoned from Community Commercial (C-3) to Mixed Use- 22 Low (MU-L). A location map is attached hereto as Exhibit "A" and made a part of this 23 Ordinance by reference. 24 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended 25 accordingly. 26 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc 1 repealed. 2 Section 6. Should any section or provision of this Ordinance or any portion 3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 4 not affect the remainder of this Ordinance. 5 Section 7. This ordinance shall become effective immediately upon passage. 6 FIRST READING this ~ day of (0~ ,2005. 7 SECOND, FINAL READING and PASSAGE this _ day of ,2005. 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 ATTEST: Commissioner 25 26 27 City Clerk 28 29 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc 'DEVELOPMENTDEPAR~ENT PLANNING. ZONING DMSION MEMORANDUM NO. PZ 05-016 TO: Chair and Members CommunIty Redevelopment Agency Board and City CommIssion FROM: Eric Lee Johnson, AICP 7f Planner THROUGH: MIchael W. Rumpf Director of Planning and ZonIng DATE: February 1, 2005 PROJECT NAME / Boynton Beach Lofts NUMBER: LUAR 05-003 PROJECT DESCRIPnON Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Agent: Mr. Bradley D. MlI/er, AICP I Miller Land Planning Consultants, Incorporated Owner: Mr. Louis F. MascIa / Boynton Motel, LLC. Location: 623 South Federal Highway File No: Land Use Amendment / RezonIng (LUAR 05-003) Property Description: Partially developed property conslstlng of two (2) lots totaling 1.21 acres, classified Local Retail Commercial (LRC) land use and zoned Community CommercIal (C-3). Proposed change/use: To reclassIfy the subject property from Local Retail CommercIal (LRC) to Mixed Use (MX) and rezone from CommunIty CommercIal (C-3) to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Vacant commercIal property classIfied Local Retail CommercIal (LRC) land use and zoned Community CommercIal (C-3); South: Developed commercial properties (offices) classified Local Retail CommercIal (LRC) land use and zoned Community Commerdal (C-3); Page 2 File Number: LUAR 05-003 Boynton Lofts East: Developed multi-family residential (Sterling Village) classlfled High Density ResidentIal (HDR) land use and zoned Multi-family Residential (R-3); West: RecreatIon space (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment / rezoning for the following reasons: 1. The requested land use and zoning are consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; 2. Adequate public facilities and infrastructure are in place and / or Is anticipated In the future to serve the subject site and its corresponding project; 3. The requested change would help to further provide an economic contribution to both the neIghborhood and to the City. PROPERTY OWNER NOnFICAnON Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted slgnage and mailed notices In accordance with Ordinance No. 04-007. PROJECT ANALYSIS A future land use map amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map, which In turn, could change the list of permitted, conditional, or prohibited uses. Amendments to the Comprehensive Plan are divided Into two (2) separate processes, namely large-scale and small-scale amendments. The applicable process Is determined by the size of the parcel wIth the threshold being 10- acres. Also, if the amendment Involves a resIdential land use, the density must be 10 dwelling units or less per acre. However, an exceptIon to the density limItatIon Is permitted If the property Is In an area designated In the comprehensIve plan for urban infill, urban redevelopment or downtown revitalization. AccordIng. to the survey, the subject property totals 1.21 acres and Is located In an area designated for urban redevelopment. Therefore, the subject request qualifies as a "small-scale" land use amendment. Small-scale text and map amendments do not require the State of Florida's Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to Its adoption by the Oly. This means that the proposed amendment, If desired by the city, would be adopted first, and then sUbsequently forwarded to the DCA for their records (generally "large-scale" amendments are not adopted until found to be "In compliance" by the DCA). Where a rezoning application Page 3 File Number: LUAR 05-003 Boynton Lofts would occur pursuant to an amendment to the Future Land Use Map, such as with this application, the two (2) applications shall be processed simultaneously as a single application. Therefore, "rezoning" shall be construed to Include a "future land use map amendment". The proposed small-scale amendment / rezoning application Is being reviewed concurrently with an accompanying request for site plan approval (NWSP 05- 008). The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonlngs. These criterIa are required to be part of a staff analysIs when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the Proposed land use amendment / rezoning would be consistent with applicable comprehensive plan polides including but not limited to, a prohibition agaInst any increase in dwelling unit density exceedIng 50 in the hurricane evacuation zone wIthout written approval of the Palm Beach County Emergency Planning DIvision and the City's risk manager. The planning department shall also recommend limitations or requIrements¡. which would have to be imposed on subsequent development of the propeTty¡, in order to comply with policIes contained in the comprehensIve plan. The applicant proposes to develop the property with a mixed-use residential/retail / office building. The project proposes a total of 48 dwelling units, which is under the 50 dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on the west side of Federal Highway, which is outside the evacuation zone, and therefore not subject to Palm Beach County Emergency Planning Division review and approval. Policy 1.13.3 states, ''the City shall continue to encourage inñll development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element" On May 15, 2001, the City Commission approved the implementation of the Federal Highway Corridor Community Redevelopment Plan and the Mixed-Use low zoning category. This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located within the boundaries of Federal Highway Corridor Study Area IV. The Study Area allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The property owner's intent is a proposed mix of uses (residential, retail, office), all of which would be permitted in the Mixed Use-low zoning district. b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an Isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special Privilege to an IndIvidual property owner as contrasted with the protectIon of the public welfare. Page 4 File Number: LUAR 05-003 Boynton Lofts Parcels that front on the west side of Federal Highway In this portion of the Federal Highway Corridor are generally designated with the local Retail Commercial (LRC) land Use classification and zoned Community Commercial (C-3). On the east side of Federal Highway, the predominant land use near the subject property Is generally residential with varying densities (i.e. High Density Residential, Low Density Residential) and their corresponding zoning districts (Multi-family Residential, R-1-AA). In fact, High Density Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for the multi-family complex (Sterling Village) directly east of the subject property at a density of 18.6 dwelling units per acre with a total of 840 unIts. In the future, staff anticipates that where eligible, property owners located within the boundaries of the Community Redevelopment Agency area would eventually request zoning changes In favor of the Mixed-Use Low district when the market demands higher intensities consistent with the City's initiatives for urban infill and redevelopment. In fact, the Gulfstream Lumber property, located on the northwest corner of Woolbright Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber property and the subject property are located within the same study area (Area IV) of the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and rezoning change was already approved for the Arches project, located just 1,000 feet north of the subject lots. The lots assembled for the Arches project were recently reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The only difference between the two scenarios is the Arches project is located in Federal Highway Corridor Study Area V. In any event, these types of land use and zoning changes, including the subject request, are consistent with the City's redevelopment plans and would not grant special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested amendment would not create an isolated or unrelated district and would help to create a better transition to the residential neighborhood to the east. c. Whether changed or changing conditions make the proposed land use amendment / rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan recommended the changes of zoning categories within Planning Area IV In order to create a desired appearance of a neighborhood which, being adjacent to the downtown core area Is a gateway to the cIty. The recommendations were also aimed at promoting urban inflll by eliminating one-story commercial and automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities In Planning Area IV consistent with the above objectives would support Increasing developers' interest In the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 File Number: LUAR 05-003 Boynton Lofts The property was previously developed as a 21-room motel and therefore, utility systems such as potable water and sanitary sewer lines have already been constructed to the subject site. Utilities staff acknowledges that the proposed land use / rezoning change would increase the development potential of the subject site and in turn, would impose additional demand upon city infrastructure. However, increases in demand for potable water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities. Local piping and infrastructure improvements may be required and would be addressed during permit review. The local improvements would be the responsibility of the site developer. Sufficient wastewater treatment capacity is currently available to serve the projected demands (11,629 gpd) of the project if the land use / zoning change were approved. The applicant would be required to make a firm reservation of capacity, following approval of a site plan. Drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. On January 19, 2005, the Palm Beach County School District reviewed and approved the request for 48 multi-family dwelling units. The District's concurrency determination is valid for one year (until January 19, 2006), unless building permits are issued, in which case the concurrency determination would be valid for the life of the development order. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reported that the proposed land use / zoning change, which is being processed concurrently with the site plan, proposes a mixed-use project that would generate an additional 60 new morning peak hour trips and 119 evening peak hour trips. The residential portion of the proposed mixed-use development is exempt from the Traffic Performance Standard review because the project is located within the county designated Coastal Residential Exception Area. Furthermore, the non-residential portion of the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2008 build-out date. Police and Fire staff reviewed the accompanying site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. e. Whether the proposed land use amendment / rezoning would be compatible with the current and future use of adjacent and nearby properties/ or would affect the property values of adjacent or nearby properties. The proposed land use amendment / rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance with the vision for the corridor as represented by the redevelopment plan. There are no indications that the proposed amendment / rezoning Page 6 File Number: LUAR 05-003 Boynton Lofts would have negative Impact on property values. In fact, the applicant states that "this (accompanying) project Is anticipated to increase land values in the area by promoting the use of these new categories". Staff concurs. It would help to Improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The accompanying site plan's proposed uses (retail, office, residential) have and will continue to occur on-site and within the neighboring properties. f. Whether the property is physically and economically developable under the existing zoning. The subject parcel was previously developed with commercial uses under the current zoning district. However, the one (I)-story motel is not the highest and best use of the site. Under the current zoning category, the C-3 zoning district allows for a residential density of 10.8 dwelling units per acre. However, this property, which is eligible for the Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40 dwelling units per acre. The proposed zoning change would allow for greater flexibility in terms of use, density, setbacks, parking, and height. g. Whether the proposed land use amendment / rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired mix of uses and appearance consistent with the recommendations of the redevelopment plan. The existing property and proposed structure (shown in the site plan) is a compact unit of appropriate scale based on the corridor plan and the desire to gradually step down the height of buildings (from 150 feet) allowed in the Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The proposal is consistent with the densities and development regulations established by the mixed use land use and zoning categories. This site and its project characteristic are consistent with Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City and City's utility service areas. h. Whether there are adequate sites elsewhere in the city for the proposed use" in districts where such use is already allowed. There are other vacant commercial sites that would likely accommodate the proposed uses. However, the proposed redevelopment of the subject site has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning district was adopted in summer 2002, in order to Implement redevelopment in the Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced because to do so, would be consistent with many of the Objectives in the Comprehensive Plan and their subordinate policies. This current application would represent the third request for reclassification to the aforementioned land use designation and zoning district. Page 7 File Number: LUAR 05-003 Boynton Lofts CONCLUSION I RECOMMENDAnONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be served by existing capacities; would not be incompatible with adjacent land uses; would further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "c" - Conditions of Approval. S .lPlanninglSHARBDI WPIP ROJECTSIBoynton LoftsILU AR OS-003\Statf Report.doc Boynton Lofts LUAR 05-003 SE 5th Ave ... cv ~ ... CI) J: ~ ... ~ ~ ca W a. CI) G.I (,) C ~ G.I ; a. .c In .- :c - C'3 .. CD " CD II. - Feet ~ 0 37.5 75 150 225 300 N XII. - LEGAL ITEM B.l 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 c=J April 5, 2005 March 14,2005 (Noon.) c=J June 7, 2005 May 16,2005 (Noon) c=J April 19, 2005 April 4, 2005 (Noon) c=J June 21, 2005 June 6, 2005 (Noon) [8J May 3, 2005 April 18,2005 (Noon) c=J July 5, 2005 June 20, 2005 (Noon) c=J May 17, 2005 May 2, 2005 (Noon) c=J July 19, 2005 July 5, 2005 (Noon) c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business :.;¡ AGENDA ITEM c=J Public Hearing [8J Legal ( ) ~'; --I c; ¡ :::¡ -( c=J Bids c=J Unftnished Business :r~ -0 c=J Announcement c=J Presentation ::;':D r,) !:;¡ C) c=J City Manager's Report -- - ~ -'1:>" " ,,-, --t -'(I -~"."' ~, ---.- RECOMMENDATION: Please place this request on the May 3,2005, City Commission Agenda under Lé¡àl, :.:;~ ~ Ordinances-First Reading. Staff recommends that pursuant to the requirements of Chapter 163 .3177( 6)( a), Florida Statutes;) ç: the Commission adopt by ordinance the Comprehensive Plan Future Land Use Map in Geographic Information Syst¿rií (GIsjQ ...J.. format. EXPLANATION: The subject ordinance has been generated in response to the conversion of the Comprehensive Plan Future Land Use Map to GIS. Until now, the Comprehensive Plan Future Land Use Map has been maintained on mylar, through manual graphics means. The GIS conversion, in part will facilitate the availability of accurate land use information to all departments with GIS access, will contribute to the City's "e-government" service system, and allow for quicker automated updating of the map. PROJECT NAME: Comprehensive Plan Future Land Use Map on GIS PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A 2g~ City Manager's Signature .' J-7 ~ t:" AL' C --/ Planning and Zo~g irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\FUTURE LAND USE MAP-GlS\Agenda Item Request - April 5 - Julyl9, 2005.dot I I I 1 II " /. ( ),1-1- ,:<j 2 I'(~ ',~ I 1//) I {.' '/ :..7"'1' -' 3 I' ~ {Ä(ç, 4 -,~ 5 ¡ ORDINANCE NO. 05- {);).;J ..;t.- , '-4' r"_ 6 i / lÎ {LL' / I 7 I AN ORDINANCE OF THE CITY COMMISSJ ' ,} 8 ¡OF THE CITY OF BOYNTON BEACH, FLORIDA, 9 . AMENDING THE LAND DEVELOPMENT 10 i REGULATIONS, CHAPTER 2., SECTION 8 A. 4. 11 ¡! TO ALLOW A CARW ASH AS A CONDITIONAL 12 " USE IN THE M-t ZONING DISTRICT; 13 ! PROVIDING FOR CONFLICTS, SEVERABILITY, 14 I CODIFICATION AND AN EFFECTIVE DATE. 15 I 16 WHEREAS, the City's land development code identifies specific uses of commercial 17 ctivity and fits those uses into established zoning districts consistent with the City's zoning ! 18 ~ Ian; and ~ 19 ~ WHEREAS, from time to time, commercial uses not specifically identified as being 20 Î þermitted, conditionally permitted, or prohibited in any zoning district emerge which cannot 21 ~ow be considered for approval; and 22 i I WHEREAS, the City commission desires to identify a previously undefined ï 23 ommercial uses as a conditional use in the M-l Zoning District. 24 WHEREAS, prior to adoption, the Commission will conduct two (2) public hearings 25 s required by § 166.041 (2)( c), Florida Statutes, as this ordinance changes the list of uses in 26 he M-l zoning district. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 HE CITY OF BOYNTON BEACH, THAT: I 29 Section 1. Each Whereas clause set forth above is true and correct and herein 30 ncorporated by this reference. 31 Section 2. That Chapter 2. Section 8 A 4 of the LDR is hereby amended by 32 reating a new subsection A 4.(g), as follows: 33 {g}~ Carwashes. I 34 Section 3. Each and every other provision of Chapter 2, Section 8 A.4. of the 35 and Development Regulations, not herein specifically amended shall remain in full force 36 nd effect as previously enacted. 37 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 38 ame are hereby repealed. :\CA\Ordinances\PJanning\Conditiona] Use Amendment M-l 04] 105.doc I I II 1 j: ì " Section 5. Should any section or provision of this ordinance or portion hereof, 2 I ~any paragraph, sentence or word be declared by a court of competent jurisdiction to be I:. 3 ¡invalid, such decision shall not affect the remainder of this ordinance. I 4 í Section 6. Authority is hereby granted to codify said ordinance. j I 5 j Section 7. This ordinance shall become effective immediately upon passage. ¡ ! ! FIRST READING this -.tL day of ----.Apt' j I 6 I~OO5 ' 2005. 7 8 SECOND, FINAL READING AND PASSAGE this day of , 9 10 II CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 TTEST: Commissioner 23 24 25 ity Clerk Commissioner 26 27 28 29 30 31 :\CA \Ordinances\Planning\Conditional Use Amendment M-I 0411 OS.doc XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 5, 2005 March 14,2005 (Noon.) o June 7, 2005 May 16,2005 (Noon) ~ April 19, 2005 April 4, 2005 (Noon) o June 21, 2005 June 6, 2005 (Noon) o May 3, 2005 April 18, 2005 (Noon) o July 5, 2005 June 20, 2005 (Noon) o May 17,2005 May 2, 2005 (Noon) o July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans -~~ NA TURE OF 0 Consent Agenda 0 New Business "I --( AGENDA ITEM 0 ~-~.'" :.0 0 Public Hearing Legal .J '. ~ _.-""1 ;'.J --...--'" 0 Bids ~ Unfinished Business ! TiC) _....J _..~- 0 Announcement 0 Presentation j-~. -:;:. ~J'~'~ 0 City Manager's Report '--' ~._~, """- ".0 ~-2a" _~ fl~i (~ .:J"J:> RECOMMENDATION: Vice-Mayor McCray and Commissioner Ferguson requested re-review of the Citf- f'Í\C) :::c Commission's decision on January 4, 2005 to revise the 2005 CRA and P&D Review Schedules which affects when recommendations nom these two advisory boards appear on the City Commission agenda. EXPLANATION: This item was discussed on January 4, 2005 and a revision to the 2005 review schedule was approved by motion on a 4-1 vote at that meeting. Copies of the agenda back-up and an excerpt ofthe minutes nom January 4,2005 is attached hereto. PROGRAM IMPACT: It is recommended that the Commission policy not be changed. The production of and review of minutes nom the Planning and Development Board and Community Redevelopment Board should be an integral part of final review of recommendations. In the past, minutes ofthe advisory board deliberations were generally not available to the City Commission when the item came to the City Commission for a vote. Unless the members of the City Commission attended the P&D or CRA meetings, they may not have access to the context of the advisory board deliberation. The schedule change afforded the Commission and the public an opportunity to review the recommendations ofthe advisory board before the City Commission made any final decision on CRA or P&D recommendations. This helps to minimize any mistakes and allow citizen engagement. The Development staff has phased in the new schedule and informed the development community of the new schedule. FISCAL IMP ACT: Restoration of the old schedule will result in additional staff costs in the Development Department to turn around a P&D or CRA recommendation packet (without CRA or P&D minutes available) within 24 hours of the advisory board meeting. This is to meet the agenda printing deadline of the Wednesday prior to the first and third Tuesday of the month when City Commission meetings are held. The Commission's information in these packets is limited to the initial staff report to the advisory board and a staff recapitulation of the vote of the advisory board on the matter. AL TERNA TIVES: Retain the schedule as adopted on January 4,2005. The process should be reviewed in 2005 and the schedule revisited in a year. ~s Department Head's Signature Ity anager sIgnature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ., ,_ :~ ._"Oi""~·""'T_"¥__·_ IX. - CITY MANAGER'S CITY OF BOYNTON BEACH REPORT ITEM A 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 c=J December7,2004 November 15,2004 (Noon.) c=J February], 2005 January ]7,2005 (Noon) c=J December 21, 2004 December 6, 2004 (Noon) c=J February 15,2005 January 3], 2005 (Noon) ~ January 4,2005 December 20, 2004 (Noon) c=J March], 2005 February ]4,2005 (Noon) c=J January] 8, 2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing c=J Legal c=J Bids c=J Unfinished Business c=J Announcement c=J Presentation ~ City Manager's Report RECOMMENDATION: Discussion of revised 2005 CRA and Planning and Development Board Review Schedules. EXPLANATION: Staff has been asked to provide revised application review schedules for the consideration of the City Commission. The goal is to provide the Commission with an opportunity to have the benefit of complete minutes of CRA and P&D Board discussions prior to any Commission action. PROGRAM IMPACT: The revised schedules will allow more time for the preparation of staff reports as well as minutes of CRA and P&D minutes prior to commission meetings. Impacts on staff workload would be dependent on Commission response to inevitable requests for exceptions to the schedule. FISCAL IMPACT: N/A ALTERNATIVES: Continuation of the existing review schedules Dep~!f:L ~~ City Manager's Signature Department of Development City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Beach City Manager's Office Memorandum TO: Honorable Mayor & City COmmiSS~ FROM: Kurt Bressner ~ ~j/ 'f' City Manager DATE: December 17, 2004 SUBJECT: Amendment to Development Application Deadlines I am attaching a memo from Quintus Greene prepared in response to my request that we consider changing the development application process slightly to allow the City Commission an opportunity to see the full draft minutes of the CRA or the P&D Board on development related matters. Currently, the CRA or the P&D Board meets the second and fourth Tuesday of the month. This means that on Wednesday following a CRA or P&D Meeting, the staff is assembling the results of the meeting the night before. In virtually all cases, the minutes that may detail the discussion of the CRA or P&D are not available in 24 hours when the Commission Agenda goes to print on late Wednesday. It is not possible to have these minutes prepared in this time line. Given the issues facing the Commission related to land development matters, especially quasi- judicial hearings, I believe it is the City's interest to see that the Commission has the benefit of the full discussion from the advisory board vote rather than a synopsis prepared by staff. The attached report is my effort to get the Commission better and more complete information without delaying the production of the City Commission agenda packet further. Quintus has pointed out that development interests likely will feel disadvantaged by this change and they may contact you regarding this proposed schedule. For purposes of fairness, I propose we discuss it at the next City Commission meeting under the City Manager's report. That way if there are development interests who feel the two-week delay in their petitions are unfair and unwarranted, they can address this issue directly with you. As development activity in the City increases, staff cannot continue the turnaround of partial agenda material for you. Further, I feel this revision will provide better information to the City Commission at less overall cost as we currently incur higher staff costs to get the partial reports out to make the agenda deadline. Thank you. Attachment cc: Quintus Greene - Please prepare agenda cover sheet for 1/4/05 agenda Jim Cheraf Doug Hutchinson Janet Prainito ".",,- , - "<t I··..!II _...,~,_".;,." ~..~,,,",,,"-"'",,-;,-~,,,,,.,,.......~.....,,,,"'" MEMORANDUM To: Kurt Bressner, City Manager From: Quintus Greene, Development Director I Daté: December 16,2004 Re: Re: Agenda Schedule Revision This is in response to your e-mail of December 14, 2004 regarding Agenda Planning. Attached you will find the revision to the proposed 2005 Review Schedules for the CRA and Planning and Development Board. The revised schedule begins with the December 15, 2004 submittal cutoff date. Applications submitted prior to the November 17 and December 1, 2004 submittal deadlines will continue through the previously scheduled dates. In essence this revised schedule extends the time frame between the date that an application is heard at either the CRA or P&D Board meeting and its City Commission Meeting date by one Commission meeting (generally two weeks). One advantage is that this will allow the Planning staff more time to make revisions to the staff reports in light of actions taken by either the CRA or P&D Board. It will also allow the City Clerk's ~ Office more time to prepare the minutes of the board meetings for review by the Manager's Office and City Commissioners. The primary disadvantage is that the project application time frame, from submittal to approval, will be lengthened. This is not consistent with our previous emphasis on improving customer service by minimizing delay's and shortening application processing times. . In addition, it is anticipated that once certain individual applicant's become aware of an extra two weeks in the process, there will be requests made to Commissioners and the Manager's Office to have staff make exceptions to the established schedule. Such exceptions would not only be contrary to the principles of equity and consistency but would also complicate the work of staff by requiring the processing of applications on multiple schedules. RECEIVED DEC 1 6 2004 CITY MANAGER'S OFFICE 2005 REVIEW SCHEDULE - P&D/CRA . NEW SITE PLAN · SUBDIVISION - MASTER PLAN . MAJOR SITE PLAN MODIFICATION . MASTER PLAN MODIFICATION · CONDITIONAL USE APPROVAL/SITE PLAN ORIGINAL COMMENTS TECHNICAL CRA CITY SUBMITTAL DUE TO REVIEW BOARD COMMISSION DEADLINE APPLICANT COMMITTEE MEETING MEETING (if applicable) MEETING/ AMENDED PLANS DEADLINE Janua 18,05 (1) A PRE-APPLICATION MEETING IS REQUIRED A MINIMUM OF ONE (1) WEEK PRIOR TO PLANNED SUBMITTAL. CALL THE PLANNING AND ZONING DIVISION AT (561) 742-6260) FOR AN APPOINTMENT. THE MEETING WILL ADDRESS CONCERNS REGARDING THE TYPE OF SUBMITTAL, BOARD REVIEW SCHEDULE, SUBMITTAL PROCEDURES, FEE, APPLICATION FORM AND TYPE AND NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMITTED. (2) THE SUBMITTAL WILL FOLLOW THE SCHEDULE IDENTIFIED ABOVE IF THE DEADLINE HAS BEEN MET, AND THE SUBMITTAL IS DETERMINED ACCEPTABLE FOR PROCESSING. TO KEEP THE REVIEW PROCESS ON SCHEDULE, THE AMENDED PLANS DEADLINE DATE IS STRICTLY ENFORCED. ONLY TEN (10) WORKING DAYS ARE ALLOCATED TO THE APPLICANT TO ADDRESS STAFF COMMENTS AND SUBMIT REVISED DRAWINGS. (3) APPLICATIONS WHICH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO THE MUNICIPAl IMPLEMENTATION OF PAlM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE REQUIRE ADDITIONAL REVIEW TIME. NOTE: TWO (2) SIGNED AND SEALED COPIES OF THE TRAFFIC IMPACT ANALYSIS ARE REQUIRED WITH INITIAL SUBMITTAL. REFER QUESTIONS REGARDING TRAFFIC TO PLANNING & ZONING STAFF. (4) THE ABOVE DATES MAY BE SUBJECT TO CHANGE. CONTACT THE PLANNING AND ZONING DIVISION TO VERIFY DATES. (5) . MEETING DATES CHANGED DUE TO ELECTION DAY AND HOLIDAYS. (6) AN APPLICATION RELATIVE TO PROPERTY WITHIN THE COMMUNITY REDEVELOPMENT AREA IS REVIEWED BY THE COMMUNITY REDEVELOPMENT AGENCY (CRA), ALL OTHERS ARE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD, PRIOR TO CONSIDERATION BY THE CITY COMMISSION. (7) ITEMS REQUIRING CODE REVIEW FOR CITYWIDE IMPLEMENTATION MAY REQUIRE REVIEW BY CRA IF ITEM IS IN THE CRA AREA IN ADDITION TO P& D. BOAR (8) TELECOMMUNICATIONS TOWERS ARE FIRST REVIEWED BY THE TOWER SITING REVIEW COMMITTEE PRIOR TO SUBMITTING AN APPLICATION FOR CONDITIONAL USE/SITE PLAN APPROVAL. S:\Planning\SHARED\WP\FORMS\SCHED\2005 Site Plan REVIEW SCHEDULE P&D-CRA.doc Revised 1/05 i~H~_""'__ t t' "" hil'to! ~j> ··~h""'___._""'"''''''¡';''^ 2005 REVIEW SCHEDULE - P & D/CRA LARGE SCALE LAND USE ELEMENT MAP AMENDMENTS, INCLUDING RELATED APPLICATIONS FOR ANNEXATION, REZONING OR COMPREHENSIVE PLAN TEXT AMENDMENTS CITY COMMISSION SUBMISSION CRA BOARD P&D PUBLIC HEARING DEADLINE MEETING MEETING (TRANSMIT TO DCA) APRIL 7 JUNE 14 JUNE 28 JULY 19 OCTOBER 7 DECEMBER 13 TBA TBA SMALL SCALE LAND USE ELEMENT MAP AMENDMENTS (PURSUANT TO CHAPTER 163.3187.(1) (c) FLORIDA STATUTES1 INCLUDING RELATED APPLICATIONS FOR ANNEXATION, REZONING, OR COMPREHENSIVE PLAN TEXT AMENDMENTS NOTE: · A pre-application meeting is required a minimum of one (1) week prior to planned submittal. Call the Planning and Zoning Division at (561) 742-6260 for an appointment. The meeting will address concems regarding the type of submittal, board review schedule, submittal procedures, fees, application form, and type and number of plans/documents that are required to be submitted. · Only those land use amendments / rezonings that are planned development district requests require review at a T.R.C. meeting. MALL SCALE AMENDMENTS · A Development Order related to a small scale amendment/rezoning cannot be granted until after the amendment is in effect. which occurs 31 days after adoption unless challenged. \ny local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without ðgard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the conditions listed in Chapter 163.3187 (1)(c)1.a-f. · An application relative to property within the Community Redevelopment Area is reviewed by the Community Redevelopment Agency (CRA). All others are reviewed by the Planning and Development Board, prior to consideration by the City Commission. · The above dates may be subject to change. Contact the Planning and Zoning Division to verify dates. .. Meeting days changed due to Election Day and Holidays. · Site Plan will proceed to City Commission for approval concurrent with final ordinances for Rezoning and Land Use applications. Planning\SHARED\WP\FORMS\SCHED\2004\2005 LandUse-P&D-CRA .doc Revised 1/05 2005 REVIEW SCHEDULE - P&D/CRA CONSENT AGENDA FOR CITY COMMISSION · SITE PLAN TIME · USE APPROVAL · MASTER PLAN TIME EXTENSION EXTENSION · ADMINISTRATIVE · ZONING CODE APPEAL · CONDITIONAL USE TIME APPEAL EXTENSION · CONCURRENCY TIME · CONCURRENCY APPEAL · VARIANCE EXTENSION · COMMUNITY DESIGN PLAN APPEAL 2005 REVIEW SCHEDULE - PUBLIC HEARING · CONSISTENCY REVIEW · ABANDONMENT ** · HEIGHT EXCEPTION · CODE REVIEW ORIGINAL TECHNICAL CITY SUBMITTAL REVIEW COMMISSION DEADLINE COMMITTEE MEETING MEETING TO TRC NOTE: 1) A PRE-APPLICATION MEETING IS REQUIRED A MINIMUM OF ONE (1) WEEK PRIOR TO PLANNED SUBMITTAL. CALL THE PLANNING AND ZONING DIVISION AT (561) 742-6260 FOR AN APPOINTMENT. THE MEETING WILL ADDRESS CONCERNS REGARDING THE TYPE OF SUBMITTAL. BOARD REVIEW SCHEDULE, SUBMITTAL PROCEDURES. FEES. APPLICATION FORM, AND TYPE AND NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMITTED. 2) APPLICATIONS WHICH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO THE MUNICIPAL IMPLEMENTATION ORDINANCE OF PALM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE. OR ABANDONMENT REQUESTS FOR STATE OR COUNTY RIGHTS-OF-WAY MAY REQUIRE ADDITIONAL REVIEW TIME. (REFER QUESTIONS REGARDING TRAFFIC TO THE PLANNING & ZONING STAFF.) 3) ALL REVIEW RESPONSES FROM THE APPROPRIATE OUTSIDE AGENCIES. MUST BE RECEIVED BY PLANNING AND ZONING AT TIME OF APPLICATION SUBMITTAL. 4) THE CONCURRENCY REVIEW COMMITTEE SHALL TAKE THE PLACE OF THE TECHNICAL REVIEW COMMITTEE FOR APPLICATIONS FOR CONCURRENCY TIME EXTENSION OR CONCURRENCY APPEAL. 5) SCHEDULE SUBJECT TO CHANGE. CONTACT PLANNING & ZONING DIVISION. 'MEETING DATES CHANGED DUE TO ELECTION DAY AND HOLIDAYS. 6) AN APPLICATION RELATIVE TO PROPERTY WITHIN THE COMMUNITY REDEVELOPMENT AREA IS REVIEWED BY THE COMMUNITY REDEVELOPMENT AGENCY (CRA). ALL OTHERS ARE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD, PRIOR TO CONSIDERATION BY THE CITY COMMISSION 7) ABANDONMENT PROCESS INCLUDES 2 ADDITIONAL CITY COMMISSION MEETINGS FOR ORDINANCE PROCESSING. ABANDONMENTS WITH UNSATISFIED CONDITIONS WILL NOT PROCEED TO THE ORDINANCE STEP. S:\Planning\SHARED\WP\FORMS\SCHED\2005 Review Schedule ABAN-VARIANCE-CODE REVIEW-P&D-CRA.doc Rev 1/05 ""."'_.;.......¡¡;,,_"""""""_,......__....,¡¡ ""roo ~._"'""''',."''"."''..,.,~,, Meeting Minutes Regular City Commission Meeting January 4, 2005 Boynton Beach, Florida Motion Commissioner Ensler moved for approval, subject to the comments and agreements expressed at this meeting. Motion seconded by Vice Mayor McCray. Secretary Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT: A. Discussion of revised 2005 CRA and Planning and Development Board Review Schedules Mr. Bressner is recommending that the schedules for the CRA and Planning and Development Boards be changed. He would like to have the review cycle by the City Commission expanded in order to allow the City Clerk's Office to have the draft minutes of those Boards available in the agenda packet when the Commission has to consider land use changes, rezoning, variances, etc. Under the current schedule, this data is not available to the Commission. It would benefit those Commissioners who do not attend those meetings to be made aware of what transpired at the meeting. Mr. Bressner was not in favor of merely having a synopsis prepared by City staff of what took place at the meetings. If additional issues surfaced relating to an item being presented, this would provide Legal more time to review those issues. Attorney Cherof also explained that it was important that the minutes be available for the general public to provide them with an opportunity to participate in the public hearings. Vice Mayor McCray originally was not in favor of the change in the schedules, but after considering the circumstances and in order to allow the public an opportunity to participate in public hearings, he was now in favor of the schedule change. However, he wanted assurances that the City would remain user friendly and was opposed to creating barriers for developers wanting to come into the City. Commissioner Ferguson was opposed to delaying the public hearing items coming to the Commission and felt that this was not "user friendly." He recommended that the meeting dates of the two Boards be changed to the first and third Wednesdays of the month so that the minutes could be available for the agenda packets. Mr. Bressner stated that staff had discussed this, but discovered that there were conflicting events in the Community on Wednesday nights that would make it difficult for the CRA to meet. Vice Mayor McCray pointed out that when people volunteer for Boards they are made aware of the meeting dates and times and he felt that to change those dates would cause an inconvenience for Board members. He did recommend looking at changing the dates at a future time. Commissioner Ensler inquired about the timing for development of a site and how long does the entire process take. Mike Rumpf, Planning and Zoning Director, stated that it normally would take between two and three months for site plan approval and for permitting it would take at least an additional month, if not more. Commissioner Ensler 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January 4, 2005 did not think that adding two weeks on to a three to four month process would result in a significant change. Mr. Rumpf felt that the applicants would probably not be in favor of this change. Mayor Taylor recommended approving the time change and if an exception were needed for a particular project, an adjustment could be made to the time schedule. He was not opposed to the additional two-week change. Motion Vice Mayor McCray moved for approval. Motion seconded by Commissioner Ensler and carried 4-1 (Commissioner Ferguson dissenting). X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Review of 2005 Hurricane Season (January 2005) E. Revamp of CDBG Allocation Process (January 2005) F. City Commission District Boundary Review (February 1, 2005) G. Annexation of Enclaves (TBA) H. Hurricane Design for Public Buildings r. Town Square" Report (January 31,2005) J. Recreation & Open Space Comprehensive Plan Presentation (January 31, 2005) XI. NEW BUSINESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (POSTPONED TO FEBRUARY 1~ 2005 AT APPLICANrS REQUEST) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 17 "~"f ..-. ,,'~..:' ~----'''''''''''''''''~''"