Minutes 06-17-05
MINUTES OF THE CITY COMMISSION AGENDA PREVIEW CONFERENCE HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
AT 10:00 A.M. ON FRIDAY JUNE 17, 2005
Present:
Mayor Jerry Taylor Jim Cherof, City Attorney
Vice Mayor Mack McCray Judith Pyle, Deputy Clerk
Commissioner Bob Ensler
Commissioner Mike Ferguson
Absent:
Commissioner Carl McKoy
I. Call to Order
Mayor Taylor called the meeting to order at 10:01 a.m.
II. Other
A. Informational Items by Members of the City Commission
Vice Mayor McCray and Commissioner Ferguson indicated they would have some remarks to
make.
Attorney Cheraf, in the absence of City Manager Bressner, requested that Vice Mayor McCray
and Commissioner Ferguson disclose what their remarks might be so they could be reviewed by
the City Manager
Commissioner Ferguson would be speaking about the City's Pension Plan.
Vice Mayor McCray will be making comments regarding some Chairman of City Boards acting
out of the realm of their duties and acting like elected officials. Secondly, he would be
addressing the City Manager appearing to crass the line into the political realm.
Vice Mayor McCray will be giving kudos to Chief Bingham.
Mayor Taylor would like to place the photographs and names of sexual predators living in the
community on the City's website so this information would be available to the public.
Mayor Taylor announced that Commissioner McKoy was out of town, but would be present for
the meeting.
3. City of Boynton Beach Comprehensive Annual Financial Report for the
fiscal year ended September 30, 2004, as presented by Mark Veil from
Caler, Donten, Levine, Druker, Porter & Veil.
Meeting Minutes
City Commission Agenda Preview Conference
Boynton Beach, Florida June 172005
Vice Mayor McCray noted a 60-day extension was given for submission of the report, but
questioned why he was not notified. He requested whenever an item of this nature is extended
or postponed, City officials should be notified as they have a fiduciary responsibility to the
citizens. The 60-day extension was requested because of FEMA, but he felt that he should have
been notified.
Mayor Taylor reported he met with the auditors today. The extension resulted from the
hurricanes and they needed extra time because of the reports required by FEMA. This was
explained to Vice Mayor McCray today as well. Vice Mayor McCray requested in the future he,
as well as the other City officials, be notified of any extensions.
VI. CONSENT AGENDA:
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Multi-award the "Annual Bid for Safety Clothing and Equipment" Bid
#031-1412-05/JA, on an overall basis to the lowest, most responsive,
responsible bidder who meets all specifications with an estimated annual
expenditure of $26,000.00.
Vice Mayor McCray inquired what the actual expense was for this item.
2. Award Bid #019-2821-05/0D, "INCA Storm Water Management
Improvements and Water Main Replacement Project", to Ric-Man
Construction, Inc. d/b/a Richard Mancini Equipment Company, and
execute a contract in the amount of $4,130,907.00 plus an owner's
contingency of 15% in the amount of $619,636.00 for a total praject
budget apprapriation of $4,750,543.00. (Proposed Resolution No.
RDS- )
Commissioner Ferguson asked where the utility easement problem was that did not include
North and South Roads. He would like to discuss a possible savings of $80,000 if they used less
expensive light poles. If his questions were answered, Commissioner Ferguson did not think it
would be necessary to pull this item. Mayor Taylor requested staff to furnish Commissioner
Ferguson with this information.
3. Award the "ANNUAL PARTS/SUPPUES FOR LARGE TRUCK AND
MISCELLANEOUS EQUIPMENT", Bid #032-1412-05/JA to various vendors
by manufacturer, with an estimated amount of $100,000.00.
Vice Mayor McCray inquired how much money was actually spent last year on this item.
Mr. Mummert, Director of Financial Services, responded with regard to Item B.1 the amount
paid as of September 30, 2004 was $34,600. He has spoken with the Warehouse Manager and
he feels comfortable with the estimate of $26,000.
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With regard to Item B.3, Mr. Mummert reported the cost for annual parts for large trucks, as of
September 30, 2004 was $107,900. Based upon the levels of inventory, the Warehouse
Manager was comfortable with the estimate of $100,000.
In response to the next item, BA, Mr. Mummert reported they spent $38,400 for irrigation
supplies, which is under the estimate of $40,000.
4. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION
SUPPUES" Bid #031-1412-05/JA, to various vendors, with an estimated
expenditure of $40,000.00.
5. Apprave "piggyback" existing Bid #05-28537-001, of Plant City, for the
purchase of five (5) new and unused 40 KW stationary generators and
automatic transfer switches manufactured by Katolight/John Deere. The
bid contract was awarded to O's Sales and Service, Inc. of Ocala. The
total cost for the five (5) generators is $105,845.00.
Vice Mayor McCray wanted assurances that the generators would be stationary and would be
placed at the sites permanently. Mayor Taylor requested that staff pravide an answer to Vice
Mayor McCray's inquiry.
6. Approve a motion to split award "Two Year Bid for Automatic
Transmission Parts and Repairs", Bid #039-1412-05/0D to Florida
Worldwide Transmissions, Inc. of Lake Worth, FL and Sunbelt Hydraulics
& Equipment of Delray Beach, FL.
Vice Mayor McCray noted the amount of the award was not included in the agenda item,
although it was contained in the back up as $25,000. He requested that this figure be added to
the agenda item.
8. Apprave a "piggy-back" of the City of Palm Bay, Bid #23-0-2002/GG to
Aquifer Maintenance and Performance Systems, Inc. of West Palm Beach,
FL, for Well Rehabilitation Services with an estimated annual expenditure
of $300,000.00.
Vice Mayor McCray inquired what was spent last year for this item.
9. Multi-award Bid #029-1412-05/0D "Annual Miscellaneous Uniforms to
include Embroidery/Silk Screening" on an overall basis to the lowest,
most responsive, responsible bidder who meets all specifications with an
annual expenditure of $80,000.
Vice Mayor McCray asked how much was spent last year on this item.
Mr. Mummert, Director Financial Services, stated that last year they spent $77,200 for Item B.9.
He will also pravide an answer for Item B.8.
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C. Resol utions:
1. Proposed Resolution No. R05- RE: Appraving the
agreement between the City and Boynton Beach Little League, Inc. (Little
League) for the use of Little League Park.
Vice Mayor McCray inquired if any other parties could use the Little League Field and was
informed they could.
3. Proposed Resolution No. R05- RE: Appraving additional
language to Rule #24 of the Cemetery Rules & Regulations to require
gasketed metal caskets for human remains for Mausoleum usage and
burial of human remains/cremains only in Boynton Beach Memorial Park.
Vice Mayor McCray will be pulling this item. Commissioner Ferguson noted this had been
previously required and asked Vice Mayor McCray if this would be beneficial to the City. Vice
Mayor McCray responded that it was. Commissioner Ferguson questioned why it needed to be
pulled. Vice Mayor McCray noted there was another cemetery in the City, Sara Sims Memorial
Park, which was not included.
4. Proposed Resolution No. R05- RE: Ratifying the action of
the South Central Regional Wastewater Treatment & Disposal Board.
a. Authorization for the Chairman to sign the interlocal agreement
for the delivery and use of reclaimed water with Boynton Beach,
effective as of October 1, 2005. (Tabled S/17/DS) City
Manager requests item be tabled untiI7/19/DS
b. Assignment Agreements for the following golf courses: Delray
Dunes Golf and Country Club, Country Club of Florida, Hunters
Run Golf and Racquet Club, Pine Tree Golf Club and Quail Ridge
Country Club.(Tabled S/17/DS) City Manager requests item
be tabled untiI7/19/DS
Vice Mayor McCray inquired if City Manager Bressner had authority to apprave tabling these
items to July 19, 2005 without Commission appraval. City Attorney Cheraf will determine this.
5. Proposed Resolution No. R05- RE: Authorizing the City
Manager, Kurt Bressner, to apply for and execute agreements and
documents associated with the Urban and Community Forestry Program
grant on behalf of the City of Boynton Beach to replace trees at Boynton
Beach Memorial Park.
Commissioner Ferguson would like it noted in Item C.5 the total cost would be $60,000 and the
City would be receiving $45,000 from grants.
Vice Mayor McCray noted it was State law that no human remains shall be disturbed as a result
of removal of trees and raots. He would like assurances that no incidents would occur as a
result of removal of the trees.
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Ms. Jody Rivers, Parks Superintendent, reported that the City's Cemetery Manager and Arbor
Forester would be on site at all times to ensure this is done praperly.
7. Proposed Resolution No. R05- RE: Approving wind load
design standards for any and all future municipal buildings and structures
to be designed according to Exposure C of the American Society of Civil
Engineers (ASCE) publication titled Minimum Design Loads for Buildings
and Structures, ASCE 7-98.
Commissioner Ensler pointed out on the last page of the Resolution where it refers to
"withstand wind loads identified in ASCE 7-98, Exposure C," the words "they should be designed
as an essential facility" should be added to this phrase. Attorney Cherof will add this language
to the proposed Resolution.
Commissioner Ferguson was opposed to this Resolution that covers all City facilities since it
would increase costs between $500,000 to $1 million. Mayor Taylor pointed out this referred to
all future buildings.
8. Proposed Resolution No. R05- RE: Authorizing the City
Manager, Kurt Bressner, to apply for and execute agreements and
documents associated with the Urban and Community Forestry Program
grant on behalf of the City of Boynton Beach to replace trees along
Federal Highway in the City of Boynton Beach.
Commissioner Ferguson would like it noted in Item C.8 the total cost is $24,000 and the City
would be receiving $18,000 fram grants.
11. Proposed Resolution No. R05- RE: Approving Interlocal
Agreement with the Village of Golf for the provision of Fire Rescue
services.
Vice Mayor McCray asked Chief Bingham if he appraved of the agreement and Chief Bingham
responded that he did.
12. Proposed Resolution No. R05- RE: Approving and
executing the lease agreement with the Boynton Beach Mall for five-year
(June 1, 2005 - May 31, 2010) rent-free usage of City Hall in the Mall
space.
Vice Mayor McCray asked how many people visited the City Hall in the Mall. Mr. Majors,
Recreation Director, will pravide this information.
Vice Mayor McCray asked what the benefits would be for the City to be allowed to have 12
events per year and what the costs would be if the Mall had to pay for them. Mr. Majors will
provide this information as well.
13. Proposed Resolution No. R05- RE: Authorizing the
execution of an Assignment and Assumption Agreement amongst the City
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of Boynton Beach, Lawson, Noble & Webb, Inc. and Arcadis G & M. Inc.
for Scope C, Infrastructure Improvements and Repairs.
Vice Mayor McCray requested that the word "amongst" be changed to "between."
14. Proposed Resolution No. R05- RE: Approving the
Revocable License Agreement between the City of Boynton Beach and the
Lake Worth Christian School for the use of City land by the School.
Attorney Cherof stated Item C.14 would be removed to Legal Resolutions. The Commission will
have to make two policy decisions prior to approving this Agreement, if the Commission elects
to do so. One decision deals with the term of the agreement. The City is recommending five (5)
years and the applicant is requesting twenty-five (25). Secondly, should the City receive a
monthly or annual fee for use of the praperty that is the subject of the License Agreement.
Commissioner Ensler was concerned about the wording "has requested the City abandon a
piece of praperty." He noted there was a difference between abandoning and leasing and
Attorney Cherof responded it was not an abandonment. Commissioner Ensler requested this be
changed.
Commissioner Ensler inquired if adjoining property owners would have to be notified of the
agreement. Attorney Cherof responded there is no legal requirement to notify adjoining
praperty owners.
15. Proposed Resolution No. R05- RE: Appraving the
execution of the Declaration of Restrictive Covenants and Grant Award
Calculation Statement between Florida Communities Trust (FCT) and the
City to pravide partial reimbursement for the acquisition of the Jaycee
Park property fram Florida Inland Navigation District (F.I.N.D.).
Vice Mayor McCray thought that the grant award of $1,709,567.50 should be stated in the
agenda item for public information.
D. Ratification of Planning & Development Board Action:
2. Jeffrey Smith Variance (ZNCV 05-001) Request for relief from the
City of Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a twenty-five (25) foot rear yard building setback
to allow a lO-foot variance, resulting in a 15-foot rear yard building
setback for an existing hard raof screen enclosure within the R-1-AA
single-family residential zoning district.
Commissioner Ensler inquired if the Golfview Homeowner's Association was notified of this item.
Commissioner Ensler reviewed the affidavit and did not see them listed. Mr. Rumpf will check to
determine this. Commissioner Ensler pointed out they were required to be notified by
ordinance. Attorney Cheraf stated the affidavit of notice is required prior to the Commission
hearing the item.
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3. Pylon Interstate Plaza (SPTE 05-002) Request for nine (9) month
site plan time extension for the construction of a 29,419 square foot, two
(2)-story office building, approved on February 3, 2004 (an extension to
November 3, 2005).
Commissioner Ensler inquired if the request for a site plan extension extended beyond the first
year, would it be considered a major site plan notification requirement. Attorney Cheraf noted
the provision that was changed in the site plan extension ordinance was the Commission could
add additional conditions of appraval, if they so wished. No additional notification is required.
F. Approve the donation of $5,000.00 to the Boynton Beach P.A.L. for a trip to
National P.A.L. basketball tournament.
Vice Mayor McCray inquired what the total cost would be to the City for the Boynton Beach Pal
and the mode of transportation they would be using. Chief Gage will furnish this information
before the Commission Meeting.
K. Authorize the use of Community Investment Funds in the amount of $2,000 fram
Vice Mayor McCray to the MDM Foundation Trip to Orlando, FL.
Mayor Taylor inquired if the City was furnished with the names and addresses of the students
from Boynton Beach that would be taking the trip. Vice Mayor McCray stated this information
has not yet been furnished, but before the funds are disbursed, this information would have to
be furnished.
L. Authorize the use of Community Investment Funds in the amount of $1,000 fram
Commissioner Ensler to The Service Corps of Retired Executives, known as
SCORE.
Commissioner Ensler will be pulling this item. The representative from SCORE would like to
speak about the program. Because of the size of the agenda, Mayor Taylor recommended he
only be allowed to speak for three minutes. Mayor Taylor requested that the names of the
students from Boynton Beach that received scholarships be furnished. Commissioner Ensler will
follow thraugh with this.
R. Direct staff to prepare the necessary ordinance and procedures to adopt the Arts
Commission's Guidelines and Recommendations for an Art in Public Places
Program that includes the changes discussed at the Public Arts Workshop.
Vice Mayor McCray asked when the Ordinance would be ready to be heard by the Commission.
Attorney Cheraf stated it would be the second meeting in August.
Commissioner Ensler thought the item should be pulled to allow the public to know what is
happening with the art program. He would recommend that someone fram the Arts Commission
give a brief update.
Vice Mayor McCray gave kudos to the Arts Commission for the work they are doing in the City.
Mayor Taylor noted there was an article in a local paper about the arts pragram.
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Items S, T and U were added to the agenda at the meeting:
S. Authorize the use of Community Investment Funds in the amount of $1,000 fram
Commissioner McKoy for the Art Explosion, a pragram at Hester Center.
T. Request fram Spring Spectrum to assign ground lease interest and obligations to
Global Signal, Inc. and for certificate of estoppel (Ground lease for
telecommunications tower at 3600 Miner Road, a.k.a. Water Storage Tank Site)
(Proposed Resolution No. )
U. Request from Spring Spectrum to assign ground lease interest and obligations to
Global Signal Inc. and for certificate of estoppel (Ground lease for
telecommunications tower at 222 NE 9th Ave., a.k.a. Public Works Compound)
(Proposed Resolution No. )
Attorney Cheraf explained there was a change in ownership and the City has the authority to
consent to this. The City will receive an additional $10,000 for appraval of the change in
ownership.
Mayor Taylor inquired why there were two items. Mr. Rumpf explained two different locations
were involved.
VII. CODE COMPLIANCE Br. LEGAL SETTLEMENTS:
None
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: Grove Plaza Parcel D (COUS 05-006)
AGENT: Lution Hill, KMA Investment Praperties
OWNER: KMA Investment Properties
LOCATION: 3920 Hypoluxo Road
DESCRIPTION: Request for Conditional Use appraval to convert
appraximately 3,500 square feet of an 11,973 square foot
retail building in a C-3 zoning district for a minor
automotive repair establishment.
Commissioner Ensler inquired if the affidavit has been filed for Grave Plaza Parcel D. Mr. Rumpf
stated it should have been filed and will follow thraugh on this.
IX. CITY MANAGER'S REPORT:
A. Report of Staff on Agreement with Boynton Woman's Club.
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Vice Mayor McCray noted the Woman's Club did not wish to enter into a lease-agreement with
the City. Vice Mayor McCray inquired if the Woman's Club was still indebted to the City. Mr.
Majors responded they paid off their debt to the City.
X. FUTURE AGENDA ITEMS:
Commissioner Ensler noted at the May 17, 2004 Commission Meeting, he requested an item be
added to Future Agenda Items regarding people that do not reside in the City, but have a
business in the City, to serve on City Boards. He would like this addressed before next year's
appointments.
XI. NEW BUSINESS:
A. Maximum building heights in Public Usage Zoning District - Hospitals
(CDRV 05-012) Preliminary review of request to amend the Land Development
Regulations, Chapter 2, Zoning, Section 5 (J)(2) to increase maximum building
height for hospitals from 45 feet to 75 feet, while retaining existing maximum
floor provision of four (4) stories.
Commissioner Ferguson was not opposed to this item, but questioned why it was being limited
to four (4) stories. He thought that the last part of the sentence that reads, "while retaining
existing maximum floor pravision of four (4) stories" should be deleted.
Mike Rumpf, Planning and Zoning Director, explained that the floors would exceed the typical
floor height. Originally the Hospital requested 70+ feet to cover the raof top equipment as well,
so they would not have to apply for a height exception. Staff felt it would be better for the
Hospital to request 60' and to apply for height exceptions for anything above that. The Hospital
agreed to this since they would not need any more height than what they have applied for in
the existing building.
Commissioner Ensler would like some consideration given to distance separation fram the
residential areas.
B. Discuss Sister City Representation - City Commission Representation on
Committee and City Commission participation on trip to Qufu, China in July,
2005.
Vice Mayor McCray checked with the City Attorney to determine if City funds were being used.
Attorney Cheraf pravided Vice Mayor McCray with the parameters that would make it legal, but
Vice Mayor McCray wanted assurances that everything is covered so that the City would not be
in violation of any laws by using City funds. If the City did send representation, he inquired
what account the funds would come fram.
Commissioner Ensler stated he has attended all the Sister City meetings and he recommended
inviting Jeanne Heavilin to the meeting to answer Vice Mayor McCray's questions. He noted that
tentative arrangements have been made for Commissioner McKoy to make the trip. The Sister
City Board members indicated that Commissioner McKoy would only make the trip if it were
legal. Commissioner Ensler stated this must be addressed at the meeting since the trip would
be taking place next month.
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Attorney Cherof stated the Commission would have to evaluate and determine there is a public
purpose for the trip by Commissioner McKoy and there would be a benefit to the City.
Commissioner Ensler inquired if this could be done in advance of the meeting. Attorney Cherof
stated the facts could be provided prior to the meeting.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
2. Proposed Ordinance No. 05-024 RE: Amending the Land
Development Regulations, Chapter 2, Section 8.AA. to allow carwashes
as a conditional use in the M-1 Zoning Districts. (See letter dated 5/20/05
from Petitioner requesting continuance to 6/21/05)
Vice Mayor McCray will be addressing a letter that emanated as a result of this meeting.
Mayor Taylor noted the CRA has requested that this item be remanded back to that Board,
which the Commission will need to decide. The CRA felt that what was presented to the
Commission was different than what was presented to their Board.
2. Proposed Ordinance No. 05-027 RE: Requesting a new
thirty (30) year electric franchise agreement with Florida Power & Light
Company (FPL) providing for the payment of fees to the City of Boynton
Beach for the nonexclusive right and privilege of supplying electricity and
other services within the City, free of competition fram the City of
Boynton Beach, pursuant to certain terms and conditions.
Vice Mayor McCray inquired if the funds from FP&L went into the General Fund. Mr. Mummert
confirmed it goes into the General Fund.
C. Resolutions:
1. Proposed Resolution No. R05-092 RE: Approving a
contract with the Metrapolitan Center at Florida International University
to prepare praposed Commission district boundary maps, based on the
2000 Census.
Commissioner Ensler noted this would cost $35,200. He pointed out if the basic population of
the four districts remained within the criteria of the ±5%, it would not be necessary to spend
the money. He inquired if there was a way to determine this.
Attorney Cherof pointed out the charter requires a periodic review, but does not define the
scope of the review. Attorney Cheraf will discuss this with the City Manager and staff.
2. Proposed Resolution No. R05- Re: Appraving issuance of
a "Notice of Intent" for conducting a planning study and possible changes
to zoning and development regulations applicable to those properties
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located along the west side of N. Seacrest Blvd, between NW 3rd Avenue.
and NW 8th Avenue and currently zoned C-2, Neighborhood Commercial.
Vice Mayor McCray requested that staff address this item at the meeting.
3. Proposed Resolution No. R05- RE: Approving the
Revocable License Agreement between the City of Boynton Beach and the
Lake Worth Christian School for the use of City land by the School.
This item was previously Item VI.C.14 under Consent.
XIII. UNFINISHED BUSINESS:
A. Possible adaptive reuse of a closed landfill site owned by the City adjacent to the
Boynton Links Golf Course and authorization to apply for a grant from the
Treasure Coast Regional Planning Agency for a landfill feasibility and
enviranmental report. (Tabled 4/19/DS)
Mayor Taylor noted this item would have to be removed fram the table. Vice Mayor McCray was
concerned that the land would be suitable for this purpose. Commissioner Ferguson noted the
study would reveal if the land would be reclaimable, regardless of what is placed on the land.
Commissioner Ensler would like to have the Golf Course Manager provide his comments in
writing on the item that it would not affect the Golf Course.
Mayor Taylor was opposed to putting housing on this property.
B. Blake's Towing & Transport, Inc. - Exclusion fram towing ratation list.
Vice Mayor McCray would like to be furnished with what was discussed at the meeting when the
towing companies were addressed and why this towing company was left out. Attorney Cherof
will pravide this to Vice Mayor McCray.
Attorney Cheraf presented a letter to the Commission on this item and noted Attorney Michael
Weinstein will be present at the meeting to speak about the issue.
Mayor Taylor pointed out that the agenda was lengthy and he would like the questions raised
today clarified prior to the meeting in order to move the agenda along. He noted they had a
responsibility to conduct the business of the City as expeditiously as possible.
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City Commission Agenda Preview Conference
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XIV. ADJOURNMENT:
There being no further business, the meeting praperly adjourned at 10:43 a.m.
-,
A. Pyle, Deputy Clerk
~~'Aca~
Barbara M. Madden
Recording Secretary
(June 17, 2005)
12
.. ' JUN-16-2005 THU 01: 15 PM FAX NO. P. 02/03
,
ADORNO & Yoss
A LIMITED LIABILITY' PA~TNERSHIP
350 E,o,ST LA8 OI..AS BOUI..li:VARD, SUITIi: 1'700
FOFIT I-AUDI!HD"'I.E, PLol'oID... :3330 -4Z I 7
PHON!!: (9~4) 763-1200. FAX; ¡9S4¡ 766'7800
WWW....DORNO. COli
June J 6, 2005
VIA TELEFAX (561) 742-6011
Mayor Jerry Taylor
Vice Mayor Mac!" McCray
Comrni~ioner Bob Ensler
Commissioner Muir C.Fel'guson
Commissioner Carl McKoy
City of Boynton Beach
100 East B0)11t0I1 Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: make's Towing & Trllnsport, Inë.
Dear Mayor Taylor, Vice Mayor McCray and Commissioners Ensler, Ferguson and McKoy:
This fim1 has been retained to represent Blake's Towing & Transport. Inc. ("Blake's")
regarding its exclusion from the City of Boynton Beach's ("Cíty") towing rotation. 1n anticipation
of the Commission Meeting of June 21, 2005, please know that Blake's is 011 the agenda for the
aformemioned m~eting. As members of the Commission, we would like you to review this
cOITespondence prior to the meeting.
It is our understanding that Blake's got involved in the bidding for lowing services when it
submitted to the City a Vendor Application form in regards to towing services. After the Vendor
Application Form was received, Blake's was issued a Request for Qualification ("RFQ") tor the
Cities VehicJe Towing Rotation Program two year çontract. We have boon advised that Blake's
sealed RFQ was received timely by the City's procurement services prior to its due date of December
2, 2004.
It is OUT lU1derstanding that the Evaluation Committee met 011 December 21, 2004, and
detemlíned that all eight (8) RFQs submitted :&om towing companies were responsive and made a
determination to discuss how to purstJc negotiations. Thereafter, Blake's received cOLTespondence
on January 18, 2005, trom Mary Munro ("Munro"), Assistant to the Finance Director, of the City
stating that Blake's is qualified to negotiate fees. Therefore, Blake's participated in meetings
regarding the Vehicle To\\'ing Rotation Prograrn proposals to establish tbe rates.
C"'LlI'ORHJ^ FI..OFlIt>" G¡;;OfOOIA NE:W.JEA5EY NICW YORK WMlHINOTON. D.C.
MWF.rNSTE/213 3.000 1/N0539469_1
JUN-IS-2005 THU 01:16 PM FAX NO. P. 03/03
Mayor Jerry Taylor
Vice Mayor Mack McCray
Conunissioner Bob Ensler
Commissioner Muir C. Ferguson
Commissioner Carl McKoy
June 16, 2005
Page 2
On February 1, 2005, the Evaluation Committee requested that all Tow companies submit
their rates. On February 7,2005, Blake's received correspondence trom Munro stating that the
Evaluation Committee's unanimous determination was to recommend to the City Commission that
the City will adopt Palm Beach County rates. AJso that all Tow companies were notified of the
proposed recommendations to adopt the proposed Palm Beach County rates. FinaJly, the Evaluation
Committee recommended to the City all ei ght tow companies that submitted .RFQs participate in the
. rotation program.
A review of the meetìng minutes of the regular City COmmission meeting of March 15,2005
shows that of the eight (8) Tow companies that subtnittedRFQs, only one company was immediately
eliminated due to it being outside the City ofBoyntoll Beach. A further review ofthe minutes' show
that once Mayor Taylor opened discussion to the public alJdience, a. David Katz spoke representing
six (6) of the remainÍJ1g Tow companies excluding Blake's. He erroneously stated that Blake's only
had a t1atbed truck for City "B" tows which, in his opinion, would be un$åfe. He also went on to
erroneously state that Blake's main facility did not have enough room for the tows and its satellite
tàcility was furt)ler away from the City and might result in additional tow charge. Subsequently,
Blake's was the only qualified participant to not be made part of the towing rotation. It is our
opinion that the commissions 4~to·l vote against Blake's was ba~ed upon erroneoos information.
Therefore, we would like you to consider Blake's qualifications to be part of the City's
towing rotation.
We look forward to seeing you at the JU11e 21,2005 meeting.
MDWlbm
cc: Blake's Towing & Transpm1, Inc.
CAI.""~N"" Fl.O/OII)A G~QRO"" NEW .JE:R:¡!:Y NEW YO~K 'NASI-IINGTON. D.C.
MWETNSTF./213113.0001IN053<J4(,f}_1
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JUN-16-2005 THU 01:15 PM F AX NO. p, 01/03
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(( )) To: Mayor JelTY Taylor Company: City of Boynton Bencn
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.... '~. Vice Mayor Mack McCray Company; City of Boynton Beach
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1/ }i'ax: (561) 742-6011 1)I,ouo;
, ,'I To: Commissioner Bob Rnsler Company; City of Boytlton Beach ..--)
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l/':/)' Fn~: (561) 742J6011 Phone: :~:. --.; --{
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".~~ Commjssionor Muir C. Ferguson Compauy; City of Boynton Beach'~
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~J City of Boynton Beach -;; ',0
To; Commis~ionC\r Carl McKoy Company; ,- -" _..~~
Fax: (561) 742-6011 Phone: >..-;Z..
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,'/ Michael D. Wejm.tein Pate; June 16,2005 ......:;~ C_J :t:
~.' " From;
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fOC Ref#: 213113.0001 # of Pages: 3 (including coversþeet) -~
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(C:J) o Urgent o For Review
o Please Reply o Please Comment
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':~¡I Comments:
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Pleaso see lotter of even date.
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Sum: I 700
FOAT !..AUC£"PAl-E, I"LoRIPA :)330 ,.
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FAX: (1;154) 7«56-7800
All tile p.ges which ~l)mJllh tc: till. facaitlllle h'an.millllÌu. contllin illformabolJ wbiclr It c:onflðcnlllll Ind covcrtil by .unrney-diellt
privilege. ".c Infllrn\.tion jaltnendcl! .....Iy for ehe ute offill: perso. tø wbom it i. IIdlln..w or ilircekd. If the reader pI dll. nolia:
i. lIot liMed abmlc, orirtltcr'e;¡dcr Ìllloun emplpycc or ß :cnt Tesplln.iblc for IiclivcriAJ: tbe: rac.imilctt'AlI.mipiofl to the luldn.s!!", then
. YIIIJ .re hercb)' IllItifiecl rtI.r any dissc,lIhtlltlun. cli,tribut\l)p or reprodlJdion of Mny or II" or these pa¡:a it "rietty prohiÞitcd. ny-au
MW INSTBI~8"8i»9tf ~ftÍ_"i1t tnI_IÐ;l!Ïoa In crrur plcase notify a. ¡nulledilttcl)' by tflqJhone ~ncd at ('54) 763-tzOØ anet retvrD the
uriglnallatulmiJe tJ'anlmÍlllllon t.. ul at Adonlo It VOQ U:.P,350 R....t W 01.. Boalnllrd. Snit ! t7DO.Forl Lauderdøle. Florid1l33301
"ia 'hI' U. S. PMt., &-rviee. We win reÍln bUrle :YOII for tbe pO!ltRgc. Thank )'011.